Text of US SB 1094 (2013)

II 113TH CONGRESS 1ST SESSION S. 1094 To amend the Elementary and Secondary Education Act of 1965, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 4, 2013 Mr. HARKIN (for himself, Ms. MIKULSKI, Mrs. MURRAY, Mr. SANDERS, Mr. CASEY, Mrs. HAGAN, Mr. FRANKEN, Mr. BENNET, Mr. WHITEHOUSE, Ms. BALDWIN, Mr. MURPHY, and Ms. WARREN) introduced the following bill; which was read twice and referred to the Committee on Health, Edu- cation, Labor, and Pensions A BILL To amend the Elementary and Secondary Education Act of 1965, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Strengthening Amer- 4 ica’s Schools Act of 2013’’. 5 SEC. 2. TABLE OF CONTENTS. 6 The table of contents for this Act is as follows: 7 Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Transition. VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 2 •S 1094 IS Sec. 5. Effective dates. Sec. 6. Table of contents of the Elementary and Secondary Education Act of 1965. Sec. 7. Authorization of appropriations. TITLE I—COLLEGE AND CAREER READINESS FOR ALL STUDENTS Sec. 1001. Purpose. Sec. 1002. State reservations. PART A—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED Sec. 1111. State and local requirements. Sec. 1112. Local educational agency plans. Sec. 1113. Eligible school attendance areas. Sec. 1114. Schoolwide programs. Sec. 1115. Targeted assistance schools. Sec. 1116. School performance. Sec. 1117. Qualifications for teachers and paraprofessionals. Sec. 1118. Parent and family engagement. Sec. 1119. Technical correction regarding complaint process for section 1119. Sec. 1120. Comparability of services. Sec. 1121. Coordination requirements. Sec. 1122. Grants for the outlying areas and the Secretary of the Interior. Sec. 1123. Allocations to States. Sec. 1124. Education finance incentive grant program. Sec. 1125. Blue ribbon schools; centers for excellence in early childhood. Sec. 1126. Grants for State assessments and related activities. PART B—PATHWAYS TO COLLEGE Sec. 1201. Improving secondary schools. PART C—EDUCATION OF MIGRATORY CHILDREN Sec. 1301. Program purpose. Sec. 1302. Program authorized. Sec. 1303. State allocations. Sec. 1304. State applications; services. Sec. 1305. Secretarial approval; peer review. Sec. 1306. Comprehensive needs assessment and service-delivery plan; author- ized activities. Sec. 1307. Bypass. Sec. 1308. National activities. Sec. 1309. Performance data; evaluations and study; State assistance. Sec. 1310. Definitions. PART D—PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK Sec. 1401. Purpose and program authorization. Sec. 1402. Allocation of funds. Sec. 1403. State plan and State agency applications. Sec. 1404. Use of funds. Sec. 1405. Institution-wide projects. VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 3 •S 1094 IS Sec. 1406. Transition services. Sec. 1407. Program evaluation. Sec. 1408. Purpose of local agency programs. Sec. 1409. Programs operated by local educational agencies. Sec. 1410. Local educational agency applications. Sec. 1411. Uses of funds. Sec. 1412. Program requirements for correctional facilities receiving funds under this section. Sec. 1413. Accountability. Sec. 1414. Program evaluations. Sec. 1415. Definitions. PART E—EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE Sec. 1501. Educational stability of children in foster care. PART F—GENERAL PROVISIONS Sec. 1601. Reorganization. TITLE II—SUPPORTING TEACHER AND PRINCIPAL EXCELLENCE Sec. 2101. Supporting teacher and principal excellence. TITLE III—LANGUAGE AND ACADEMIC CONTENT INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS Sec. 3001. Language and academic content instruction for English learners and immigrant students. TITLE IV—SUPPORTING SUCCESSFUL, WELL-ROUNDED STUDENTS Sec. 4101. Redesignations. Sec. 4102. Improving literacy instruction and student achievement. Sec. 4103. Improving science, technology, engineering, and math instruction and student achievement. Sec. 4104. Increasing access to a well-rounded education. Sec. 4105. Successful, safe, and healthy students. Sec. 4106. Student non-discrimination. Sec. 4107. 21st Century Community Learning Centers. Sec. 4108. Promise neighborhoods. Sec. 4109. Parent and family information and resource centers. Sec. 4110. Programs of national significance. Sec. 4111. Competency-based assessment and accountability demonstration au- thority. TITLE V—PROMOTING INNOVATION Sec. 5001. Promoting innovation. PART A—RACE TO THE TOP Sec. 5101. Race to the Top. PART B—INVESTING IN INNOVATION Sec. 5201. Investing in innovation. VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 4 •S 1094 IS PART C—MAGNET SCHOOLS ASSISTANCE Sec. 5301. Findings and purpose. Sec. 5302. Program authorized. Sec. 5303. Applications and requirements. Sec. 5304. Priority. Sec. 5305. Use of funds. Sec. 5306. Limitations. Sec. 5307. Evaluations. Sec. 5308. Availability of funds for grants to agencies not previously assisted. PART D—PUBLIC CHARTER SCHOOLS Sec. 5401. Public charter schools. PART E—VOLUNTARY PUBLIC SCHOOL CHOICE Sec. 5501. Voluntary public school choice. TITLE VI—PROMOTING FLEXIBILITY; RURAL EDUCATION Sec. 6101. Promoting flexibility. Sec. 6102. Rural education. Sec. 6103. General provisions. TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION PART A—INDIAN EDUCATION Sec. 7101. Purpose. SUBPART 1—FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES Sec. 7111. Formula grant purpose. Sec. 7112. Grants to local educational agencies, tribes, and Indian organiza- tions. Sec. 7113. Amount of grants. Sec. 7114. Applications. Sec. 7115. Authorized services and activities. Sec. 7116. Integration of services authorized. Sec. 7117. Student eligibility forms. SUBPART 2—SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN AND YOUTH Sec. 7121. Special programs and projects to improve educational opportunities for Indian children and youth. Sec. 7122. Improvement of educational opportunities for Indian children and youth. Sec. 7123. Professional development for teachers and education professionals. SUBPART 3—NATIONAL ACTIVITIES Sec. 7131. National activities. Sec. 7132. Grants to tribes for education administrative planning and develop- ment. SUBPART 4—FEDERAL ADMINISTRATION VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 5 •S 1094 IS Sec. 7141. National Advisory Council on Indian Education. SUBPART 5—DEFINITIONS; AUTHORIZATION OF APPROPRIATIONS Sec. 7151. Definitions; authorization of appropriations. PART B—NATIVE HAWAIIAN EDUCATION; ALASKA NATIVE EDUCATION Sec. 7201. Native Hawaiian education and Alaska Native education. SUBPART 1—NATIVE HAWAIIAN EDUCATION Sec. 7202. Findings. Sec. 7203. Purposes. Sec. 7204. Native Hawaiian Education Council. Sec. 7205. Program authorized. Sec. 7206. Administrative provisions. Sec. 7207. Definitions. SUBPART 2—ALASKA NATIVE EDUCATION Sec. 7301. Alaska Native education. TITLE VIII—IMPACT AID Sec. 8001. Purpose. Sec. 8002. Payments relating to Federal acquisition of real property. Sec. 8003. Payments for eligible federally connected children. Sec. 8004. Construction. Sec. 8005. Facilities. Sec. 8006. Federal administration. Sec. 8007. Definitions. Sec. 8008. Conforming amendment. Sec. 8009. Eligibility for impact aid payment. Sec. 8010. Repeal of sunset under the NDAA amendments to Impact Aid. TITLE IX—GENERAL PROVISIONS Sec. 9101. Definitions. Sec. 9102. Unsafe school choice option. Sec. 9103. Evaluation authority. Sec. 9104. Conforming amendments. TITLE X—COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS FOR PUBLIC SCHOOLS Sec. 10011. Short title. Sec. 10012. Definitions. Sec. 10013. Establishment of Commission on Effective Regulation and Assess- ment Systems for Public Schools. Sec. 10014. Powers of the Commission. Sec. 10015. Duties of the Commission. Sec. 10016. Commission personnel matters. TITLE XI—AMENDMENTS TO OTHER LAWS; MISCELLANEOUS PROVISIONS PART A—AMENDMENTS TO OTHER LAWS VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 6 •S 1094 IS SUBPART 1—MCKINNEY-VENTO HOMELESS ASSISTANCE ACT Sec. 11011. Short title. Sec. 11012. Education for homeless children and youth. SUBPART 2—ADVANCED RESEARCH PROJECTS AGENCY-EDUCATION Sec. 11021. Advanced Research Projects Agency-Education. PART B—MISCELLANEOUS PROVISIONS Sec. 11211. Technical and conforming amendments. SEC. 3. REFERENCES. 1 Except as otherwise expressly provided, whenever in 2 this Act an amendment or repeal is expressed in terms 3 of an amendment to, or repeal of, a section or other provi- 4 sion, the reference shall be considered to be made to a 5 section or other provision of the Elementary and Sec- 6 ondary Education Act of 1965 (20 U.S.C. 6301 et seq.). 7 SEC. 4. TRANSITION. 8 (a) MULTI-YEAR AWARDS.—Except as otherwise pro- 9 vided in this Act, the recipient of a multi-year award 10 under the Elementary and Secondary Education Act of 11 1965, as that Act was in effect prior to the date of enact- 12 ment of this Act, shall continue to receive funds in accord- 13 ance with the terms of that award, except that no addi- 14 tional funds may be awarded after September 30, 2014. 15 In the case of a State that received a flexibility waiver 16 from the Secretary of Education under the authority of 17 section 9401 of the Elementary and Secondary Education 18 Act of 1965 (20 U.S.C. 7861), as such section was in ef- 19 fect on the day before the date of enactment of this Act, 20 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 7 •S 1094 IS such waiver shall no longer apply, and no additional funds 1 associated with such waiver shall be awarded, after the 2 completion of the original waiver period. 3 (b) PLANNING AND TRANSITION.—Notwithstanding 4 any other provision of law, a recipient of funds under the 5 Elementary and Secondary Education Act of 1965, as that 6 Act was in effect prior to the date of enactment of this 7 Act, may use funds available to the recipient under that 8 predecessor authority to carry out necessary and reason- 9 able planning and transition activities in order to ensure 10 an orderly implementation of programs authorized by this 11 Act, and the amendments made by this Act. 12 (c) ORDERLY TRANSITION.—The Secretary shall take 13 such steps as are necessary to provide for the orderly tran- 14 sition to, and implementation of, programs authorized by 15 this Act, and by the amendments made by this Act, from 16 programs authorized by the Elementary and Secondary 17 Education Act of 1965, as that Act was in effect prior 18 to the date of enactment of this Act except in such cases 19 where this Act requires specific transition steps to take 20 place. 21 SEC. 5. EFFECTIVE DATES. 22 (a) IN GENERAL.—Except as otherwise provided in 23 this Act, this Act, and the amendments made by this Act, 24 shall be effective upon the date of enactment of this Act. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 8 •S 1094 IS (b) NONCOMPETITIVE PROGRAMS.—With respect to 1 noncompetitive programs under which any funds are allot- 2 ted by the Secretary of Education to recipients on the 3 basis of a formula, this Act, and the amendments made 4 by this Act, shall take effect on July 1, 2013. 5 (c) COMPETITIVE PROGRAMS.—With respect to pro- 6 grams that are conducted by the Secretary on a competi- 7 tive basis, this Act, and the amendments made by this Act, 8 shall take effect with respect to appropriations for use 9 under those programs for fiscal year 2014. 10 (d) IMPACT AID.—With respect to title VIII (Impact 11 Aid), this Act, and the amendments made by this Act, 12 shall take effect with respect to appropriations for use 13 under that title for fiscal year 2014. 14 SEC. 6. TABLE OF CONTENTS OF THE ELEMENTARY AND 15 SECONDARY EDUCATION ACT OF 1965. 16 Section 2 is amended to read as follows: 17 ‘‘SEC. 2. TABLE OF CONTENTS. 18 ‘‘The table of contents for this Act is as follows: 19 ‘‘Sec. 1. Short title. ‘‘Sec. 2. Table of contents. ‘‘Sec. 3. Authorization of appropriations. ‘‘TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED ‘‘Sec. 1001. Purpose. ‘‘Sec. 1002. State administration and State accountability and support. ‘‘PART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES ‘‘SUBPART 1—BASIC PROGRAM REQUIREMENTS VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6211 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 9 •S 1094 IS ‘‘Sec. 1111. State and local requirements. ‘‘Sec. 1112. Local educational agency plans. ‘‘Sec. 1113. Eligible school attendance areas. ‘‘Sec. 1114. Schoolwide programs. ‘‘Sec. 1115. Targeted assistance schools. ‘‘Sec. 1116. School performance. ‘‘Sec. 1117. Qualifications for teachers and paraprofessionals. ‘‘Sec. 1118. Parent and family engagement. ‘‘Sec. 1119. Participation of children enrolled in private schools. ‘‘Sec. 1120. Fiscal requirements. ‘‘Sec. 1120A. Coordination requirements. ‘‘SUBPART 2—ALLOCATIONS ‘‘Sec. 1121. Grants for the outlying areas and the Secretary of the Interior. ‘‘Sec. 1122. Allocations to States. ‘‘Sec. 1124. Basic grants to local educational agencies. ‘‘Sec. 1124A. Concentration grants to local educational agencies. ‘‘Sec. 1125. Targeted grants to local educational agencies. ‘‘Sec. 1125AA. Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 2001. ‘‘Sec. 1125A. Education finance incentive grant program. ‘‘Sec. 1126. Special allocation procedures. ‘‘SUBPART 3—BLUE RIBBON SCHOOLS; CENTERS OF EXCELLENCE IN EARLY CHILDHOOD; GREEN RIBBON SCHOOLS. ‘‘Sec. 1131. Blue ribbon schools. ‘‘Sec. 1132. Centers of excellence in early childhood. ‘‘Sec. 1133. Green ribbon schools. ‘‘SUBPART 4—GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES. ‘‘Sec. 1141. Grants for State assessments and related activities. ‘‘PART B—PATHWAYS TO COLLEGE ‘‘SUBPART 1—IMPROVING SECONDARY SCHOOLS ‘‘Sec. 1201. Secondary school reform. ‘‘SUBPART 2—ACCELERATED LEARNING ‘‘Sec. 1221. Purposes. ‘‘Sec. 1222. Funding distribution rule. ‘‘Sec. 1223. Advanced Placement and International Baccalaureate examination fee program. ‘‘Sec. 1224. Advanced Placement and International Baccalaureate incentive program grants. ‘‘Sec. 1225. Supplement, not supplant. ‘‘Sec. 1226. Definitions. ‘‘PART C—EDUCATION OF MIGRATORY CHILDREN ‘‘Sec. 1301. Program purpose. ‘‘Sec. 1302. Program authorized. ‘‘Sec. 1303. State allocations. ‘‘Sec. 1304. State applications; services. VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6211 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 10 •S 1094 IS ‘‘Sec. 1305. Secretarial approval; peer review. ‘‘Sec. 1306. Comprehensive needs assessment and service-delivery plan; author- ized activities. ‘‘Sec. 1307. Bypass. ‘‘Sec. 1308. National activities. ‘‘Sec. 1309. Performance data. ‘‘Sec. 1310. Evaluation and study. ‘‘Sec. 1311. State assistance in determining number of migratory children. ‘‘Sec. 1312. Definitions. ‘‘PART D—PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK ‘‘Sec. 1401. Purpose and program authorization. ‘‘Sec. 1402. Payments for programs under this part. ‘‘SUBPART 1—STATE AGENCY PROGRAMS ‘‘Sec. 1411. Eligibility. ‘‘Sec. 1412. Allocation of funds. ‘‘Sec. 1413. State reallocation of funds. ‘‘Sec. 1414. State plan and State agency applications. ‘‘Sec. 1415. Use of funds. ‘‘Sec. 1416. Institution-wide projects. ‘‘Sec. 1417. Three-year programs or projects. ‘‘Sec. 1418. Transition services. ‘‘Sec. 1419. Program evaluation. ‘‘SUBPART 2—LOCAL AGENCY PROGRAMS ‘‘Sec. 1421. Purpose. ‘‘Sec. 1422. Programs operated by local educational agencies. ‘‘Sec. 1423. Local educational agency applications. ‘‘Sec. 1424. Uses of funds. ‘‘Sec. 1425. Program requirements for correctional facilities receiving funds under this section. ‘‘Sec. 1426. Accountability. ‘‘SUBPART 3—GENERAL PROVISIONS ‘‘Sec. 1431. Program evaluations. ‘‘Sec. 1432. Definitions. ‘‘PART E—EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE ‘‘Sec. 1501. Educational stability of children in foster care. ‘‘Sec. 1502. Definitions. ‘‘PART F—GENERAL PROVISIONS ‘‘Sec. 1601. Federal regulations. ‘‘Sec. 1602. Agreements and records. ‘‘Sec. 1603. State administration. ‘‘Sec. 1604. Local educational agency spending audits. ‘‘Sec. 1605. Prohibition against Federal mandates, direction, or control. ‘‘Sec. 1606. Rule of construction on equalized spending. ‘‘Sec. 1607. State report on dropout data. ‘‘Sec. 1608. Regulations for sections 1111 and 1116. VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6211 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 11 •S 1094 IS ‘‘TITLE II—SUPPORTING TEACHER AND PRINCIPAL EXCELLENCE ‘‘PART A—CONTINUOUS IMPROVEMENT AND SUPPORT FOR TEACHERS AND PRINCIPALS ‘‘Sec. 2101. Purpose. ‘‘Sec. 2102. Definitions. ‘‘SUBPART 1—GRANTS TO STATES ‘‘Sec. 2111. Allotments to States. ‘‘Sec. 2112. State applications. ‘‘Sec. 2113. State use of funds. ‘‘SUBPART 2—SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES ‘‘Sec. 2121. Allocations to local educational agencies. ‘‘Sec. 2122. Local applications and needs assessment. ‘‘Sec. 2123. Local use of funds. ‘‘SUBPART 3—NATIONAL LEADERSHIP ACTIVITIES ‘‘Sec. 2131. National leadership activities. ‘‘Sec. 2132. Gifted and talented students. ‘‘SUBPART 4—ACCOUNTABILITY ‘‘Sec. 2141. Accountability. ‘‘SUBPART 5—PRINCIPAL RECRUITMENT AND TRAINING ‘‘Sec. 2151. Principal recruitment and training grant program. ‘‘PART B—TEACHER PATHWAYS TO THE CLASSROOM ‘‘Sec. 2201. Teacher Pathways. ‘‘PART C—TEACHER INCENTIVE FUND PROGRAM ‘‘Sec. 2301. Purposes; definitions. ‘‘Sec. 2302. Teacher incentive fund grants. ‘‘PART D—ACHIEVEMENT THROUGH TECHNOLOGY AND INNOVATION ‘‘Sec. 2401. Short title. ‘‘Sec. 2402. Purposes and goals. ‘‘Sec. 2403. Definitions. ‘‘Sec. 2404. Allocation of funds; limitation. ‘‘Sec. 2405. E-rate restriction. ‘‘Sec. 2406. Rule of construction regarding purchasing. ‘‘SUBPART 1—STATE AND LOCAL GRANTS ‘‘Sec. 2411. Allotment and reallotment. ‘‘Sec. 2412. Use of allotment by State. ‘‘Sec. 2413. State applications. ‘‘Sec. 2414. State activities. ‘‘Sec. 2415. Local applications. ‘‘Sec. 2416. Local activities. ‘‘Sec. 2417. Reporting. VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6211 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 12 •S 1094 IS ‘‘SUBPART 2—INTERNET SAFETY ‘‘Sec. 2421. Internet safety. ‘‘TITLE III—LANGUAGE AND ACADEMIC CONTENT INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS ‘‘PART A—ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND ACADEMIC ACHIEVEMENT ACT ‘‘Sec. 3101. Short title. ‘‘Sec. 3102. Purposes. ‘‘SUBPART 1—GRANTS AND SUBGRANTS FOR ENGLISH LANGUAGE ACQUISITION AND LANGUAGE ENHANCEMENT ‘‘Sec. 3111. Formula grants to States. ‘‘Sec. 3112. Native American and Alaska Native children in school. ‘‘Sec. 3113. State educational agency plans. ‘‘Sec. 3114. Within-State allocations. ‘‘Sec. 3115. Subgrants to eligible entities. ‘‘Sec. 3116. Local plans. ‘‘SUBPART 2—ACCOUNTABILITY AND ADMINISTRATION ‘‘Sec. 3121. Local evaluation and accountability. ‘‘Sec. 3122. State accountability. ‘‘Sec. 3123. Reporting requirements. ‘‘Sec. 3124. Coordination with related programs. ‘‘Sec. 3125. Rules of construction. ‘‘Sec. 3126. Legal authority under State law. ‘‘Sec. 3127. Civil rights. ‘‘Sec. 3128. Programs for Native Americans and Puerto Rico. ‘‘Sec. 3129. Prohibition. ‘‘SUBPART 3—NATIONAL ACTIVITIES ‘‘Sec. 3131. Professional development grants. ‘‘Sec. 3132. Commission on Assessment of English Learners. ‘‘Sec. 3133. English language acquisition technology innovation grants. ‘‘PART B—GENERAL PROVISIONS ‘‘Sec. 3201. Definitions. ‘‘Sec. 3202. Parental notification. ‘‘Sec. 3203. National Clearinghouse. ‘‘Sec. 3204. Regulations. ‘‘TITLE IV—SUPPORTING SUCCESSFUL, WELL-ROUNDED STUDENTS ‘‘PART A—IMPROVING LITERACY INSTRUCTION AND STUDENT ACHIEVEMENT ‘‘SUBPART 1—IMPROVING LITERACY INSTRUCTION ‘‘Sec. 4101. Short title. ‘‘Sec. 4102. Purposes. ‘‘Sec. 4103. Definitions. ‘‘Sec. 4104. Program authorized. VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6211 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 13 •S 1094 IS ‘‘Sec. 4105. State planning grants. ‘‘Sec. 4106. State implementation grants. ‘‘Sec. 4107. State activities. ‘‘Sec. 4108. Subgrants to eligible entities in support of birth through kinder- garten entry literacy. ‘‘Sec. 4109. Subgrants to eligible entities in support of kindergarten through grade 12 literacy. ‘‘Sec. 4110. National evaluation, information dissemination, and technical as- sistance. ‘‘Sec. 4111. Rules of construction. ‘‘SUBPART 2—IMPROVING LITERACY AND COLLEGE AND CAREER READINESS THROUGH EFFECTIVE SCHOOL LIBRARY PROGRAMS ‘‘Sec. 4113. Purpose. ‘‘Sec. 4114. Definitions. ‘‘Sec. 4115. Improving literacy and college and career readiness through effec- tive school library program grants. ‘‘PART B—IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS INSTRUCTION AND STUDENT ACHIEVEMENT ‘‘SUBPART 1—IMPROVING STEM INSTRUCTION AND STUDENT ACHIEVEMENT ‘‘Sec. 4201. Purpose. ‘‘Sec. 4202. Definitions. ‘‘Sec. 4203. Grants; allotments. ‘‘Sec. 4204. Applications. ‘‘Sec. 4205. Authorized activities. ‘‘Sec. 4206. Performance metrics; report. ‘‘Sec. 4207. Evaluation. ‘‘Sec. 4208. Supplement not supplant. ‘‘Sec. 4209. Maintenance of effort. ‘‘SUBPART 2—STEM MASTER TEACHER CORPS PROGRAM ‘‘4221. Purpose. ‘‘4222. Definitions. ‘‘4223. STEM Master Teacher Corps program. ‘‘4224. Application. ‘‘4225. Required use of funds. ‘‘4226. Performance metrics; reports. ‘‘4227. Supplement not supplant. ‘‘4228. Evaluation. ‘‘PART C—INCREASING ACCESS TO A WELL-ROUNDED EDUCATION AND FINANCIAL LITERACY ‘‘SUBPART 1—INCREASING ACCESS TO A WELL-ROUNDED EDUCATION ‘‘Sec. 4301. Purpose. ‘‘Sec. 4302. Definitions. ‘‘Sec. 4303. Grant program. ‘‘SUBPART 2—FINANCIAL LITERACY EDUCATION ‘‘Sec. 4311. Short title. ‘‘Sec. 4312. Statewide incentive grants for financial literacy education. VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6211 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 14 •S 1094 IS ‘‘PART D—SUCCESSFUL, SAFE, AND HEALTHY STUDENTS ‘‘Sec. 4401. Purpose. ‘‘Sec. 4402. Definitions. ‘‘Sec. 4403. Allocation of funds. ‘‘Sec. 4404. Successful, safe, and healthy students State grants. ‘‘Sec. 4405. Technical assistance. ‘‘Sec. 4406. Prohibited uses of funds. ‘‘Sec. 4407. Federal and State nondiscrimination laws. ‘‘PART E—STUDENT NON-DISCRIMINATION ‘‘Sec. 4501. Short title. ‘‘Sec. 4502. Findings and purposes. ‘‘Sec. 4503. Definitions and rule. ‘‘Sec. 4504. Prohibition against discrimination. ‘‘Sec. 4505. Federal administrative enforcement; report to congressional com- mittees. ‘‘Sec. 4506. Private cause of action. ‘‘Sec. 4507. Cause of action by the Attorney General. ‘‘Sec. 4508. State immunity. ‘‘Sec. 4509. Attorney’s fees. ‘‘Sec. 4510. Effect on other laws. ‘‘Sec. 4511. Severability. ‘‘Sec. 4512. Effective date. ‘‘PART F—21ST CENTURY COMMUNITY LEARNING CENTERS ‘‘Sec. 4601. Purpose; definitions. ‘‘Sec. 4602. Allotments to States. ‘‘Sec. 4603. State application. ‘‘Sec. 4604. Local competitive grant program. ‘‘Sec. 4605. Local activities. ‘‘PART G—PROMISE NEIGHBORHOODS ‘‘Sec. 4701. Short title. ‘‘Sec. 4702. Purpose. ‘‘Sec. 4703. Definitions. ‘‘SUBPART 1—PROMISE NEIGHBORHOOD PARTNERSHIP GRANTS ‘‘Sec. 4711. Program authorized. ‘‘Sec. 4712. Eligible entities. ‘‘Sec. 4713. Application requirements. ‘‘Sec. 4714. Use of funds. ‘‘Sec. 4715. Report and publicly available data. ‘‘Sec. 4716. Accountability. ‘‘SUBPART 2—PROMISE SCHOOL GRANTS ‘‘Sec. 4721. Program authorized. ‘‘Sec. 4722. Definition of eligible entity. ‘‘Sec. 4723. Application requirements; priority. ‘‘Sec. 4724. Use of funds. ‘‘Sec. 4725. Report and publicly available data. ‘‘Sec. 4726. Performance accountability and evaluation. VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6211 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 15 •S 1094 IS ‘‘SUBPART 3—GENERAL PROVISIONS ‘‘Sec. 4731. National activities. ‘‘PART H—PARENT AND FAMILY INFORMATION AND RESOURCE CENTERS ‘‘Sec. 4801. Purpose. ‘‘Sec. 4802. Definition of eligible entity. ‘‘Sec. 4803. Grants authorized. ‘‘Sec. 4804. Applications. ‘‘Sec. 4805. Uses of funds. ‘‘Sec. 4806. Administrative provisions. ‘‘PART I—READY-TO-LEARN ‘‘Sec. 4901. Ready-to-Learn. ‘‘PART J—PROGRAMS OF NATIONAL SIGNIFICANCE ‘‘Sec. 4905. Programs authorized. ‘‘Sec. 4906. Applications. ‘‘Sec. 4907. Program requirements. ‘‘PART K—COMPETENCY-BASED ASSESSMENT AND ACCOUNTABILITY DEMONSTRATION AUTHORITY ‘‘Sec. 4909. Competency-based assessment and accountability demonstration authority. ‘‘TITLE V—PROMOTING INNOVATION ‘‘PART A—RACE TO THE TOP ‘‘Sec. 5101. Purposes. ‘‘Sec. 5102. Reservation of funds. ‘‘Sec. 5103. Race to the Top program. ‘‘Sec. 5104. Application process. ‘‘Sec. 5105. Performance measures. ‘‘Sec. 5106. Uses of funds. ‘‘Sec. 5107. Reporting. ‘‘PART B—INVESTING IN INNOVATION ‘‘Sec. 5201. Purposes. ‘‘Sec. 5202. Reservations. ‘‘Sec. 5203. Program authorized; length of grants; priorities. ‘‘Sec. 5204. Applications. ‘‘Sec. 5205. Uses of funds. ‘‘Sec. 5206. Performance measures. ‘‘Sec. 5207. Reporting. ‘‘PART C—MAGNET SCHOOLS ASSISTANCE ‘‘Sec. 5301. Findings and purpose. ‘‘Sec. 5302. Definition. ‘‘Sec. 5303. Program authorized. ‘‘Sec. 5304. Eligibility. ‘‘Sec. 5305. Applications and requirements. ‘‘Sec. 5306. Priority. VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6211 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 16 •S 1094 IS ‘‘Sec. 5307. Use of funds. ‘‘Sec. 5308. Prohibition. ‘‘Sec. 5309. Limitations. ‘‘Sec. 5310. Evaluations. ‘‘Sec. 5311. Availability of funds for grants to agencies not previously assisted. ‘‘PART D—PUBLIC CHARTER SCHOOLS ‘‘Sec. 5401. Purpose. ‘‘Sec. 5402. Distribution of funds. ‘‘SUBPART 1—SUCCESSFUL CHARTER SCHOOLS PROGRAM ‘‘Sec. 5411. Definitions. ‘‘Sec. 5412. Program authorized. ‘‘Sec. 5413. Applications. ‘‘Sec. 5414. Selection criteria; priority. ‘‘Sec. 5415. Uses of funds. ‘‘Sec. 5416. Subgrants. ‘‘Sec. 5417. Performance measures; reports. ‘‘Sec. 5418. Federal formula allocation during first year and for successive en- rollment expansions. ‘‘Sec. 5419. Records transfer. ‘‘Sec. 5420. National activities. ‘‘SUBPART 2—CHARTER SCHOOL FACILITY ACQUISITION, CONSTRUCTION, AND RENOVATION ‘‘Sec. 5431. Purpose. ‘‘Sec. 5432. Definitions. ‘‘Sec. 5433. Grants to eligible entities. ‘‘Sec. 5434. Charter school objectives. ‘‘Sec. 5435. Applications; selection criteria. ‘‘Sec. 5436. Reserve account. ‘‘Sec. 5437. Limitation on administrative costs. ‘‘Sec. 5438. Audits and reports. ‘‘Sec. 5439. No full faith and credit for grantee obligations. ‘‘Sec. 5440. Recovery of funds. ‘‘PART E—VOLUNTARY PUBLIC SCHOOL CHOICE PROGRAMS ‘‘Sec. 5501. Grants. ‘‘Sec. 5502. Uses of funds. ‘‘Sec. 5503. Applications. ‘‘Sec. 5504. Priorities. ‘‘Sec. 5505. Requirements and voluntary participation. ‘‘Sec. 5506. Evaluations. ‘‘Sec. 5507. Definitions. ‘‘TITLE VI—PROMOTING FLEXIBILITY; RURAL EDUCATION ‘‘PART A—TRANSFERABILITY ‘‘Sec. 6101. Transferability of funds. ‘‘PART B—RURAL EDUCATION INITIATIVE ‘‘Sec. 6201. Short title. VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6211 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 17 •S 1094 IS ‘‘Sec. 6202. Purpose. ‘‘SUBPART 1—SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM ‘‘Sec. 6211. Program authorized. ‘‘Sec. 6212. Academic achievement assessments. ‘‘SUBPART 2—RURAL AND LOW-INCOME SCHOOL PROGRAM ‘‘Sec. 6221. Program authorized. ‘‘Sec. 6222. Uses of funds. ‘‘Sec. 6223. Applications. ‘‘Sec. 6224. Accountability. ‘‘SUBPART 3—GENERAL PROVISIONS ‘‘Sec. 6231. Choice of participation. ‘‘Sec. 6232. Annual average daily attendance determination. ‘‘Sec. 6233. Supplement, not supplant. ‘‘Sec. 6234. Rule of construction. ‘‘TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION ‘‘PART A—INDIAN EDUCATION ‘‘Sec. 7101. Statement of policy. ‘‘Sec. 7102. Purpose. ‘‘SUBPART 1—FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES ‘‘Sec. 7111. Purpose. ‘‘Sec. 7112. Grants to local educational agencies and tribes. ‘‘Sec. 7113. Amount of grants. ‘‘Sec. 7114. Applications. ‘‘Sec. 7115. Authorized services and activities. ‘‘Sec. 7116. Integration of services authorized. ‘‘Sec. 7117. Student eligibility forms. ‘‘Sec. 7118. Payments. ‘‘Sec. 7119. State educational agency review. ‘‘SUBPART 2—SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN AND YOUTH ‘‘Sec. 7121. Improvement of educational opportunities for Indian children and youth. ‘‘Sec. 7122. Professional development for teachers and education professionals. ‘‘SUBPART 3—NATIONAL ACTIVITIES ‘‘Sec. 7131. National research activities. ‘‘Sec. 7132. Improvement of academic success for students through Native American language. ‘‘Sec. 7133. Improving State and tribal educational agency collaboration. ‘‘SUBPART 4—FEDERAL ADMINISTRATION ‘‘Sec. 7141. National Advisory Council on Indian Education. ‘‘Sec. 7142. Peer review. VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6211 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 18 •S 1094 IS ‘‘Sec. 7143. Preference for Indian applicants. ‘‘Sec. 7144. Minimum grant criteria. ‘‘SUBPART 5—DEFINITIONS ‘‘Sec. 7151. Definitions. ‘‘PART B—NATIVE HAWAIIAN EDUCATION; ALASKA NATIVE EDUCATION ‘‘SUBPART 1—NATIVE HAWAIIAN EDUCATION ‘‘Sec. 7201. Short title. ‘‘Sec. 7202. Findings. ‘‘Sec. 7203. Purposes. ‘‘Sec. 7204. Native Hawaiian Education Council. ‘‘Sec. 7205. Program authorized. ‘‘Sec. 7206. Administrative provisions. ‘‘Sec. 7207. Definitions. ‘‘SUBPART 2—ALASKA NATIVE EDUCATION ‘‘Sec. 7301. Short title. ‘‘Sec. 7302. Findings. ‘‘Sec. 7303. Purposes. ‘‘Sec. 7304. Program authorized. ‘‘Sec. 7305. Administrative provisions. ‘‘Sec. 7306. Definitions. ‘‘TITLE VIII—IMPACT AID ‘‘Sec. 8001. Purpose. ‘‘Sec. 8002. Payments relating to Federal acquisition of real property. ‘‘Sec. 8003. Payments for eligible federally connected children. ‘‘Sec. 8004. Policies and procedures relating to children residing on Indian lands. ‘‘Sec. 8005. Application for payments under sections 8002 and 8003. ‘‘Sec. 8007. Construction. ‘‘Sec. 8008. Facilities. ‘‘Sec. 8009. State consideration of payments in providing State aid. ‘‘Sec. 8010. Federal administration. ‘‘Sec. 8011. Administrative hearings and judicial review. ‘‘Sec. 8012. Forgiveness of overpayments. ‘‘Sec. 8013. Definitions. ‘‘TITLE IX—GENERAL PROVISIONS ‘‘PART A—DEFINITIONS ‘‘Sec. 9101. Definitions. ‘‘Sec. 9102. Applicability of title. ‘‘Sec. 9103. Applicability to Bureau of Indian Affairs operated schools. ‘‘PART B—FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS ‘‘Sec. 9201. Consolidation of State administrative funds for elementary and sec- ondary education programs. ‘‘Sec. 9202. Single local educational agency States. VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6211 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 19 •S 1094 IS ‘‘Sec. 9203. Consolidation of funds for local administration. ‘‘Sec. 9204. Consolidated set-aside for Department of the Interior funds. ‘‘PART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS AND APPLICATIONS ‘‘Sec. 9301. Purposes. ‘‘Sec. 9302. Optional consolidated State plans or applications. ‘‘Sec. 9303. Consolidated reporting. ‘‘Sec. 9304. General applicability of State educational agency assurances. ‘‘Sec. 9305. Consolidated local plans or applications. ‘‘Sec. 9306. Other general assurances. ‘‘PART D—WAIVERS ‘‘Sec. 9401. Waivers of statutory and regulatory requirements. ‘‘PART E—UNIFORM PROVISIONS ‘‘SUBPART 1—PRIVATE SCHOOLS ‘‘Sec. 9501. Participation by private school children and teachers. ‘‘Sec. 9502. Standards for by-pass. ‘‘Sec. 9503. Complaint process for participation of private school children. ‘‘Sec. 9504. By-pass determination process. ‘‘Sec. 9505. Prohibition against funds for religious worship or instruction. ‘‘Sec. 9506. Private, religious, and home schools. ‘‘SUBPART 2—OTHER PROVISIONS ‘‘Sec. 9521. Maintenance of effort. ‘‘Sec. 9522. Prohibition regarding State aid. ‘‘Sec. 9523. Privacy of assessment results. ‘‘Sec. 9524. School prayer. ‘‘Sec. 9525. Equal access to public school facilities. ‘‘Sec. 9526. General prohibitions. ‘‘Sec. 9527. Prohibitions on Federal Government and use of Federal funds. ‘‘Sec. 9528. Armed Forces recruiter access to students and student recruiting information. ‘‘Sec. 9529. Prohibition on federally sponsored testing. ‘‘Sec. 9530. Limitations on national testing or certification for teachers. ‘‘Sec. 9531. Prohibition on nationwide database. ‘‘Sec. 9532. Unsafe school choice option. ‘‘Sec. 9533. Prohibition on discrimination. ‘‘Sec. 9534. Civil rights. ‘‘Sec. 9535. Rulemaking. ‘‘Sec. 9536. Severability. ‘‘Sec. 9537. Geographic diversity. ‘‘SUBPART 3—TEACHER LIABILITY PROTECTION ‘‘Sec. 9541. Short title. ‘‘Sec. 9542. Purpose. ‘‘Sec. 9543. Definitions. ‘‘Sec. 9544. Applicability. ‘‘Sec. 9545. Preemption and election of State nonapplicability. ‘‘Sec. 9546. Limitation on liability for teachers. ‘‘Sec. 9547. Allocation of responsibility for noneconomic loss. VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6211 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 20 •S 1094 IS ‘‘Sec. 9548. Effective date. ‘‘PART F—EVALUATIONS ‘‘Sec. 9601. Evaluation authority. ‘‘PART G—MISCELLANEOUS PROVISIONS ‘‘SUBPART 1—GUN POSSESSION ‘‘Sec. 9701. Gun-free requirements. ‘‘SUBPART 2—ENVIRONMENTAL TOBACCO SMOKE ‘‘Sec. 9721. Short title. ‘‘Sec. 9722. Definitions. ‘‘Sec. 9723. Nonsmoking policy for children’s services. ‘‘Sec. 9724. Preemption.’’. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 1 The Act (20 U.S.C. 6301 et seq.) is amended by in- 2 serting after section 2 the following: 3 ‘‘SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 4 ‘‘(a) LOCAL EDUCATIONAL AGENCY GRANTS.— 5 ‘‘(1) IN GENERAL.—There are authorized to be 6 appropriated to carry out part A of title I (except 7 for sections 1116(g), 1125A, 1132, and subpart 4 of 8 part A of such title) such sums as may be necessary 9 for fiscal year 2014 and each of the 4 succeeding fis- 10 cal years. 11 ‘‘(2) SCHOOL IMPROVEMENT GRANTS, NA- 12 TIONAL ACTIVITIES, AND EVALUATION.— 13 ‘‘(A) IN GENERAL.—There are authorized 14 to be appropriated to carry out section 1116(g) 15 such sums as may be necessary for fiscal year 16 2014 and each of the 4 succeeding fiscal years. 17 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 21 •S 1094 IS ‘‘(B) RESERVATION FOR NATIONAL ACTIVI- 1 TIES.—Of the amounts appropriated under sub- 2 paragraph (A) for a fiscal year, the Secretary 3 shall reserve not more than 2 percent for the 4 national activities described in section 5 1116(f)(6). 6 ‘‘(3) EDUCATION FINANCE INCENTIVE GRANT 7 PROGRAM.—There are authorized to be appropriated 8 to carry out section 1125A such sums as may be 9 necessary for fiscal year 2014 and each of the 4 suc- 10 ceeding fiscal years. 11 ‘‘(4) CENTERS OF EXCELLENCE IN EARLY 12 CHILDHOOD.—There are authorized to be appro- 13 priated to carry out section 1132 such sums as may 14 be necessary for fiscal year 2014 and each of the 4 15 succeeding fiscal years. 16 ‘‘(b) GRANTS FOR STATE ASSESSMENTS AND THE 17 NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.— 18 ‘‘(1) NATIONAL ASSESSMENT OF EDUCATIONAL 19 PROGRESS.—For the purpose of administering the 20 State assessments under the National Assessment of 21 Educational Progress, there are authorized to be ap- 22 propriated such sums as may be necessary for fiscal 23 year 2014 and each of the 4 succeeding fiscal years. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 22 •S 1094 IS ‘‘(2) STATE ASSESSMENTS AND RELATED AC- 1 TIVITIES.—For the purpose of carrying out assess- 2 ment and related activities under subpart 4 of part 3 A of title I, there are authorized to be appropriated 4 such sums as may be necessary for fiscal year 2014 5 and each of the 4 succeeding fiscal years. 6 ‘‘(c) PATHWAYS TO COLLEGE.—For the purposes of 7 carrying out part B of title I, Pathways to College, there 8 are authorized to be appropriated such sums as may be 9 necessary for fiscal year 2014 and each of the 4 suc- 10 ceeding fiscal years. 11 ‘‘(d) EDUCATION OF MIGRATORY CHILDREN.—For 12 the purposes of carrying out part C of title I, Education 13 of Migratory Children, there are authorized to be appro- 14 priated such sums as may be necessary for fiscal year 15 2014 and each of the 4 succeeding fiscal years. 16 ‘‘(e) NEGLECTED AND DELINQUENT.—For the pur- 17 poses of carrying out part D of title I, Prevention and 18 Intervention Programs for Children and Youth Who Are 19 Neglected, Delinquent, or At-Risk, there are authorized to 20 be appropriated such sums as may be necessary for fiscal 21 year 2014 and each of the 4 succeeding fiscal years. 22 ‘‘(f) CONTINUOUS IMPROVEMENT AND SUPPORT FOR 23 TEACHERS AND PRINCIPALS.— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 23 •S 1094 IS ‘‘(1) IN GENERAL.—For the purposes of car- 1 rying out subparts 1, 2, 3, and 4 of part A of title 2 II, there are authorized to be appropriated such 3 sums as may be necessary for fiscal year 2014 and 4 each of the 4 succeeding fiscal years. 5 ‘‘(2) PRINCIPAL RECRUITMENT AND TRAIN- 6 ING.—For the purposes of carrying out subpart 5 of 7 part A of title II, Principal Recruitment and Train- 8 ing, there are authorized to be appropriated such 9 sums as may be necessary for fiscal year 2014 and 10 each of the 4 succeeding fiscal years. 11 ‘‘(g) TEACHER PATHWAYS TO THE CLASSROOM.— 12 For the purposes of carrying out part B of title II, Teach- 13 er Pathways to the Classroom, there are authorized to be 14 appropriated such sums as may be necessary for fiscal 15 year 2014 and each of the 4 succeeding fiscal years. 16 ‘‘(h) TEACHER INCENTIVE FUND.—For the purposes 17 of carrying out part C of title II, Teacher Incentive Fund, 18 there are authorized to be appropriated such sums as may 19 be necessary for fiscal year 2014 and each of the 4 suc- 20 ceeding fiscal years. 21 ‘‘(i) ACHIEVEMENT THROUGH TECHNOLOGY AND IN- 22 NOVATION.—For the purposes of carrying out part D of 23 title II, Achievement through Technology and Innovation, 24 there are authorized to be appropriated such sums as may 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 24 •S 1094 IS be necessary for fiscal year 2014 and each of the 4 suc- 1 ceeding fiscal years. 2 ‘‘(j) ENGLISH LEARNERS AND IMMIGRANT STU- 3 DENTS.—For the purposes of carrying out title III, Lan- 4 guage and Academic Content Instruction for English 5 Learners and Immigrant Students, there are authorized 6 to be appropriated such sums as may be necessary for fis- 7 cal year 2014 and each of the 4 succeeding fiscal years. 8 ‘‘(k) IMPROVING LITERACY AND STUDENT ACHIEVE- 9 MENT.— 10 ‘‘(1) IMPROVING LITERACY.—For the purposes 11 of carrying out subpart 1 of part A of title IV, Im- 12 proving Literacy Instruction, there are authorized to 13 be appropriated such sums as may be necessary for 14 fiscal year 2014 and each of the 4 succeeding fiscal 15 years. 16 ‘‘(2) EFFECTIVE SCHOOL LIBRARY PRO- 17 GRAMS.—For the purposes of carrying out subpart 18 2 of part A of title IV, Improving Literacy and Col- 19 lege and Career Readiness Through Effective School 20 Library Programs, there are authorized to be appro- 21 priated such sums as may be necessary for fiscal 22 year 2014 and each of the 4 succeeding fiscal years. 23 ‘‘(l) IMPROVING SCIENCE, TECHNOLOGY, ENGINEER- 24 ING, AND MATHEMATICS INSTRUCTION AND STUDENT 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 25 •S 1094 IS ACHIEVEMENT.—For the purposes of carrying out part B 1 of title IV, Improving Science, Technology, Engineering, 2 and Mathematics Instruction and Student Achievement, 3 there are authorized to be appropriated such sums as may 4 be necessary for fiscal year 2014 and each of the 4 suc- 5 ceeding fiscal years. 6 ‘‘(m) INCREASING ACCESS TO A WELL-ROUNDED 7 EDUCATION AND FINANCIAL LITERACY.—For the pur- 8 poses of carrying out part C of title IV, Increasing Access 9 to a Well-Rounded Education and Financial Literacy, 10 there are authorized to be appropriated such sums as may 11 be necessary for fiscal year 2014 and each of the 4 suc- 12 ceeding fiscal years. 13 ‘‘(n) SUCCESSFUL, SAFE, AND HEALTHY STU- 14 DENTS.—For the purposes of carrying out part D of title 15 IV, Successful, Safe, and Healthy Students, there are au- 16 thorized to be appropriated such sums as may be nec- 17 essary for fiscal year 2014 and each of the 4 succeeding 18 fiscal years. 19 ‘‘(o) 21ST CENTURY COMMUNITY LEARNING CEN- 20 TERS.—For the purposes of carrying out part F of title 21 IV, 21st Century Community Learning Centers, there are 22 authorized to be appropriated such sums as may be nec- 23 essary for fiscal year 2014 and each of the 4 succeeding 24 fiscal years. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 26 •S 1094 IS ‘‘(p) PROMISE NEIGHBORHOODS.—For the purposes 1 of carrying out part G of title IV, Promise Neighborhoods, 2 there are authorized to be appropriated such sums as may 3 be necessary for fiscal year 2014 and each of the 4 suc- 4 ceeding fiscal years. 5 ‘‘(q) PARENT AND FAMILY INFORMATION AND RE- 6 SOURCE CENTERS.—For the purposes of carrying out part 7 H of title IV, Parent and Family Information and Re- 8 source Centers, there are authorized to be appropriated 9 such sums as may be necessary for fiscal year 2014 and 10 each of the 4 succeeding fiscal years. 11 ‘‘(r) READY-TO-LEARN.—For the purposes of car- 12 rying out part I of title IV, Ready-to-Learn, there are au- 13 thorized to be appropriated such sums as may be nec- 14 essary for fiscal year 2014 and each of the 4 succeeding 15 fiscal years. 16 ‘‘(s) PROGRAMS OF NATIONAL SIGNIFICANCE.—For 17 the purposes of carrying out part I of title IV, Programs 18 of National Significance, there are authorized to be appro- 19 priated such sums as may be necessary for fiscal year 20 2014 and each of the 4 succeeding fiscal years. 21 ‘‘(t) RACE TO THE TOP.—For the purposes of car- 22 rying out part A of title V, Race to the Top, there are 23 authorized to be appropriated such sums as may be nec- 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 27 •S 1094 IS essary for fiscal year 2014 and each of the 4 succeeding 1 fiscal years. 2 ‘‘(u) INVESTING IN INNOVATION.—For the purposes 3 of carrying out part B of title V, Investing in Innovation, 4 there are authorized to be appropriated such sums as may 5 be necessary for fiscal year 2014 and each of the 4 suc- 6 ceeding fiscal years. 7 ‘‘(v) MAGNET SCHOOLS ASSISTANCE.—For the pur- 8 poses of carrying out part C of title V, Magnet Schools 9 Assistance, there are authorized to be appropriated such 10 sums as may be necessary for fiscal year 2014 and each 11 of the 4 succeeding fiscal years. 12 ‘‘(w) PUBLIC CHARTER SCHOOLS.—For the purposes 13 of carrying out part D of title V, Public Charter Schools, 14 there are authorized to be appropriated such sums as may 15 be necessary for fiscal year 2014 and each of the 4 suc- 16 ceeding fiscal years. 17 ‘‘(x) VOLUNTARY PUBLIC SCHOOL CHOICE.—For the 18 purposes of carrying out part E of title V, Voluntary Pub- 19 lic School Choice, there are authorized to be appropriated 20 such sums as may be necessary for fiscal year 2014 and 21 each of the 4 succeeding fiscal years. 22 ‘‘(y) RURAL EDUCATION ACHIEVEMENT PROGRAM.— 23 For the purposes of carrying out part B of title VI, Rural 24 Education Achievement Program, there are authorized to 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 28 •S 1094 IS be appropriated such sums as may be necessary for fiscal 1 year 2014 and each of the 4 succeeding fiscal years. 2 ‘‘(z) INDIAN, NATIVE HAWAIIAN, AND ALASKA NA- 3 TIVE EDUCATION.— 4 ‘‘(1) INDIAN EDUCATION AND NATIVE HAWAI- 5 IAN EDUCATION.—For the purposes of carrying out 6 part A and subpart 1 of part B of title VII, Indian 7 Education and Native Hawaiian Education, there 8 are authorized to be appropriated such sums as may 9 be necessary for fiscal year 2014 and each of the 4 10 succeeding fiscal years. 11 ‘‘(2) ALASKA NATIVE EDUCATION.—There are 12 authorized to be appropriated to carry out subpart 13 2 of part B of title VII, Alaska Native Education, 14 such sums as may be necessary for fiscal year 2014 15 and each of the 5 succeeding fiscal years. 16 ‘‘(aa) IMPACT AID.—For the purposes of carrying out 17 title VIII, Impact Aid, there are authorized to be appro- 18 priated such sums as may be necessary for fiscal year 19 2014 and each of the 4 succeeding fiscal years, in accord- 20 ance with the following: 21 ‘‘(1) PAYMENTS FOR FEDERAL ACQUISITION OF 22 REAL PROPERTY.—For the purpose of making pay- 23 ments under section 8002, there are authorized to 24 be appropriated such sums as may be necessary for 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 29 •S 1094 IS fiscal year 2014 and each of the 4 succeeding fiscal 1 years. 2 ‘‘(2) BASIC PAYMENTS; PAYMENTS FOR HEAV- 3 ILY IMPACTED LOCAL EDUCATIONAL AGENCIES.— 4 For the purpose of making payments under section 5 8003(b), there are authorized to be appropriated 6 such sums as may be necessary for fiscal year 2014 7 and each of the 4 succeeding fiscal years. 8 ‘‘(3) PAYMENTS FOR CHILDREN WITH DISABIL- 9 ITIES.—For the purpose of making payments under 10 section 8003(d), there are authorized to be appro- 11 priated such sums as may be necessary for fiscal 12 year 2014 and each of the 4 succeeding fiscal years. 13 ‘‘(4) CONSTRUCTION.—For the purpose of car- 14 rying out section 8007, there are authorized to be 15 appropriated such sums as may be necessary for fis- 16 cal year 2014 and each of the 4 succeeding fiscal 17 years. 18 ‘‘(5) FACILITIES MAINTENANCE.—For the pur- 19 pose of carrying out section 8008, there are author- 20 ized to be appropriated such sums as may be nec- 21 essary for fiscal year 2014 and each of the 4 suc- 22 ceeding fiscal years.’’. 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 30 •S 1094 IS TITLE I—COLLEGE AND CAREER 1 READINESS FOR ALL STUDENTS 2 SEC. 1001. PURPOSE. 3 Section 1001 (20 U.S.C. 6301) is amended to read 4 as follows: 5 ‘‘SEC. 1001. PURPOSE. 6 ‘‘The purpose of this title is to ensure every child has 7 a fair, equal, and significant opportunity to obtain a high- 8 quality education and graduate from high school ready for 9 college, career, and citizenship. This purpose can be ac- 10 complished by— 11 ‘‘(1) setting high expectations for children to 12 develop deep content knowledge and the ability to 13 use knowledge to think critically, solve problems, 14 communicate effectively, and collaborate with others, 15 in order to graduate, from high school, college and 16 career ready; 17 ‘‘(2) supporting high-quality teaching to con- 18 tinuously improve instruction and encourage new 19 models of teaching and learning; 20 ‘‘(3) focusing on increasing student achievement 21 and closing achievement gaps; 22 ‘‘(4) providing additional resources and sup- 23 ports to meet the needs of disadvantaged students, 24 including children from low-income families and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 31 •S 1094 IS those attending high-poverty schools, English learn- 1 ers, migratory children, children with disabilities, In- 2 dian children, and neglected or delinquent children; 3 ‘‘(5) providing young children with greater ac- 4 cess to high-quality early learning experiences to en- 5 sure they enter school ready to learn; 6 ‘‘(6) removing barriers to, and encouraging 7 State and local innovation and leadership in, edu- 8 cation based on the evaluation of success and contin- 9 uous improvement; 10 ‘‘(7) removing barriers and promoting integra- 11 tion across all levels of education, and across Fed- 12 eral education programs; 13 ‘‘(8) streamlining Federal requirements to re- 14 duce burdens on States, local educational agencies, 15 schools, and educators; and 16 ‘‘(9) strengthening parental engagement and 17 coordination of student, family, and community sup- 18 ports to promote student success.’’. 19 SEC. 1002. STATE RESERVATIONS. 20 Title I (20 U.S.C. 6301 et seq.) is amended— 21 (1) by striking sections 1002 and 1003; 22 (2) by redesignating section 1004 as section 23 1002; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 32 •S 1094 IS (3) in section 1002 (as redesignated by para- 1 graph (2))— 2 (A) in the section heading, by inserting 3 ‘‘AND STATE ACCOUNTABILITY AND SUP- 4 PORT’’ before the period at the end; 5 (B) by redesignating paragraphs (1) and 6 (2) of subsection (a) as subparagraphs (A) and 7 (B), respectively, and by aligning the margins 8 of such subparagraphs with the margins of sub- 9 paragraph (A) of section 1111(a)(1); 10 (C) by redesignating subsection (b) as 11 paragraph (2) of subsection (a), and by aligning 12 the margins of such paragraph with the mar- 13 gins of paragraph (1) of section 1111(a); 14 (D) by striking ‘‘IN GENERAL.—Except as 15 provided in subsection (b)’’ and inserting the 16 following: ‘‘STATE ADMINISTRATION.— 17 ‘‘(1) IN GENERAL.—Except as provided in para- 18 graph (2)’’; 19 (E) in subsection (a)(2), as redesignated 20 by subparagraph (C), by striking ‘‘subsection 21 (a)(1)’’ and inserting ‘‘paragraph (1)(A)’’; and 22 (F) by adding at the end the following: 23 ‘‘(b) ACCOUNTABILITY AND SUPPORT.— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 33 •S 1094 IS ‘‘(1) IN GENERAL.—Each State may reserve 1 not more than 6 percent of the amount the State re- 2 ceives under subpart 2 of part A to carry out para- 3 graph (2) and to carry out the State and local edu- 4 cational agency responsibilities under section 1116, 5 which may include carrying out a statewide system 6 of technical assistance and support for local edu- 7 cational agencies and identifying and disseminating 8 evidence-based practices. 9 ‘‘(2) USES.—Of the amount reserved under 10 paragraph (1) for any fiscal year, the State edu- 11 cational agency— 12 ‘‘(A) shall use not less than 90 percent of 13 that amount by allocating such sums directly to 14 local educational agencies for activities required 15 under section 1116; or 16 ‘‘(B) may, with the approval of the local 17 educational agency, directly provide for such ac- 18 tivities or arrange for their provision through 19 other entities such as educational service agen- 20 cies and external providers with expertise in 21 using strategies based on scientifically valid re- 22 search to improve teaching, learning, and 23 schools. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 34 •S 1094 IS ‘‘(3) PRIORITY.—The State educational agency, 1 in allocating funds to local educational agencies 2 under this subsection, shall give priority to local edu- 3 cational agencies that— 4 ‘‘(A) serve the lowest-performing schools, 5 including schools identified as focus schools and 6 priority schools under subsections (c) and (d) of 7 section 1116; 8 ‘‘(B) demonstrate the greatest need for 9 such funds; and 10 ‘‘(C) demonstrate the strongest commit- 11 ment to use the funds to enable the lowest- 12 achieving schools to improve student achieve- 13 ment and outcomes through the use of evi- 14 dence-based practices that are consistent with 15 the evidence standards described in section 16 5203(e). 17 ‘‘(4) UNUSED FUNDS.—If, after consultation 18 with local educational agencies, the State edu- 19 cational agency determines the amount of funds re- 20 served to carry out this subsection is greater than 21 the amount needed to provide the assistance de- 22 scribed in this subsection, the State educational 23 agency shall allocate the excess amount to local edu- 24 cational agencies in accordance with— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 35 •S 1094 IS ‘‘(A) the relative allocations the State edu- 1 cational agency made to those agencies for that 2 fiscal year under subpart 2 of part A; or 3 ‘‘(B) section 1126(c). 4 ‘‘(5) SPECIAL RULE.—Notwithstanding any 5 other provision of this subsection, the amount of 6 funds reserved by the State educational agency 7 under this subsection in any fiscal year shall not de- 8 crease the amount of funds each local educational 9 agency receives under subpart 2 of part A below the 10 amount received by such local educational agency 11 under such subpart for the preceding fiscal year. 12 ‘‘(6) REPORTING.—Each State educational 13 agency shall make publicly available a list of those 14 schools that have received funds or services pursuant 15 to this subsection and the percentage of students 16 from each such school from families with incomes 17 below the poverty line.’’. 18 PART A—IMPROVING THE ACADEMIC 19 ACHIEVEMENT OF THE DISADVANTAGED 20 SEC. 1111. STATE AND LOCAL REQUIREMENTS. 21 Section 1111 (20 U.S.C. 6301) is amended to read 22 as follows: 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 36 •S 1094 IS ‘‘SEC. 1111. STATE AND LOCAL REQUIREMENTS. 1 ‘‘(a) ACADEMIC STANDARDS, ACADEMIC ASSESS- 2 MENTS, AND ACCOUNTABILITY REQUIREMENTS.— 3 ‘‘(1) REQUIREMENTS FOR COLLEGE AND CA- 4 REER READY STATE STANDARDS.—In order to re- 5 ceive a grant under this part, each State shall dem- 6 onstrate the State meets the following requirements: 7 ‘‘(A) COLLEGE AND CAREER READY 8 ALIGNED STANDARDS FOR READING OR LAN- 9 GUAGE ARTS AND MATHEMATICS.— 10 ‘‘(i) IN GENERAL.—The State shall— 11 ‘‘(I) not later than December 31, 12 2014, adopt college and career ready 13 academic content standards in reading 14 or language arts and mathematics 15 that meet the requirements of clauses 16 (ii) and (iii); and 17 ‘‘(II) not later than the beginning 18 of the 2015–2016 school year, adopt 19 college and career ready student aca- 20 demic achievement standards in read- 21 ing or language arts and mathematics 22 that meet the requirements of clauses 23 (ii) and (iv). 24 ‘‘(ii) ALIGNMENT OF COLLEGE AND 25 CAREER READY STANDARDS.—Each State 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 37 •S 1094 IS plan shall demonstrate the State has 1 adopted college and career ready academic 2 content standards and college and career 3 ready student academic achievement stand- 4 ards aligned with— 5 ‘‘(I) credit-bearing academic 6 coursework, without the need for re- 7 mediation, at public institutions of 8 higher education in the State; and 9 ‘‘(II) relevant State career and 10 technical education standards and the 11 State performance measures identified 12 in the State plan under section 113(b) 13 of the Carl D. Perkins Career and 14 Technical Education Act of 2006; and 15 ‘‘(III)(aa) appropriate career 16 skills; or 17 ‘‘(bb) standards that are State- 18 developed and voluntarily adopted by 19 a significant number of States. 20 ‘‘(iii) REQUIREMENTS FOR ACADEMIC 21 CONTENT STANDARDS.—College and career 22 ready academic content standards shall— 23 ‘‘(I) be used by the State, and by 24 local educational agencies, public ele- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 38 •S 1094 IS mentary schools, and public secondary 1 schools in the State, to carry out the 2 requirements of this part; 3 ‘‘(II) be the same standards that 4 the State applies to all public elemen- 5 tary and secondary schools and stu- 6 dents in the State; 7 ‘‘(III) include the same knowl- 8 edge, skills, and levels of achievement 9 expected of all elementary and sec- 10 ondary school students in the State; 11 and 12 ‘‘(IV) be evidence-based and in- 13 clude rigorous content and skills, such 14 as critical thinking, problem solving, 15 and communication skills. 16 ‘‘(iv) REQUIREMENTS FOR STUDENT 17 ACADEMIC ACHIEVEMENT STANDARDS.— 18 College and career ready student academic 19 achievement standards for a subject 20 shall— 21 ‘‘(I) be aligned with the State’s 22 academic content standards described 23 in clause (iii); and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 39 •S 1094 IS ‘‘(II) establish the level of per- 1 formance expected for each grade level 2 that demonstrates the student has 3 mastered the material in the State 4 academic content standards for that 5 grade. 6 ‘‘(B) SCIENCE STANDARDS.—A State— 7 ‘‘(i) shall demonstrate that the State 8 has adopted, by not later than December 9 31, 2014, statewide academic content 10 standards and student academic achieve- 11 ment standards in science that are aligned 12 with the knowledge and skills needed to be 13 college and career ready, as described in 14 subparagraph (A)(ii); and 15 ‘‘(ii) may choose to use such stand- 16 ards as part of the State’s accountability 17 system under paragraph (3), if such stand- 18 ards meet the requirements of clauses (ii) 19 through (iv) of subparagraph (A). 20 ‘‘(C) STANDARDS FOR OTHER SUB- 21 JECTS.—If a State adopts high-quality aca- 22 demic content standards and student academic 23 achievement standards in subjects other than 24 reading or language arts, mathematics, and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 40 •S 1094 IS science, such State may choose to use such 1 standards as part of the State’s accountability 2 system, consistent with section 1116. 3 ‘‘(D) ALTERNATE ACADEMIC ACHIEVE- 4 MENT STANDARDS FOR STUDENTS WITH THE 5 MOST SIGNIFICANT COGNITIVE DISABILITIES.— 6 ‘‘(i) IN GENERAL.—The State may, 7 through a documented and validated 8 standards-setting process, adopt alternate 9 academic achievement standards in any 10 subject included in the State’s account- 11 ability system under paragraph (3) for stu- 12 dents with the most significant cognitive 13 disabilities, if— 14 ‘‘(I) the determination about 15 whether the achievement of an indi- 16 vidual student should be measured 17 against such standards is made sepa- 18 rately for each student in each subject 19 being assessed; 20 ‘‘(II) all students who use such 21 alternate academic achievement stand- 22 ards in a subject are assessed using 23 the alternate assessments for such 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 41 •S 1094 IS subject described in paragraph (2)(E); 1 and 2 ‘‘(III) such alternate academic 3 achievement standards— 4 ‘‘(aa) are aligned with the 5 State college and career ready 6 academic content standards; 7 ‘‘(bb) provide access to the 8 general curriculum and the stu- 9 dent academic achievement 10 standards; and 11 ‘‘(cc) reflect professional 12 judgment as to the highest pos- 13 sible standards achievable by 14 such student. 15 ‘‘(ii) PROHIBITION ON ANY OTHER AL- 16 TERNATE OR MODIFIED STANDARDS.—A 17 State shall not develop, or implement for 18 use, under this part any alternate or modi- 19 fied academic achievement standards for 20 students who are children with disabilities 21 that are not alternate academic achieve- 22 ment standards that meet the require- 23 ments of clause (i). 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 42 •S 1094 IS ‘‘(E) ENGLISH LANGUAGE PROFICIENCY 1 STANDARDS.—A State shall, not later than De- 2 cember 31, 2015, adopt high-quality English 3 language proficiency standards that— 4 ‘‘(i) are aligned with the State’s aca- 5 demic content standards in reading or lan- 6 guage arts under subparagraph (A) so that 7 achieving English language proficiency, as 8 measured by the State’s English language 9 proficiency standards, indicates a sufficient 10 knowledge of English to allow the State to 11 validly and reliably measure the student’s 12 achievement on the State’s reading or lan- 13 guage arts student academic achievement 14 standards with no interventions designed 15 to support English learners specifically; 16 ‘‘(ii) ensure proficiency in English for 17 each of the domains of speaking, listening, 18 reading, and writing; 19 ‘‘(iii) identify not less than 4 levels of 20 English proficiency; 21 ‘‘(iv) address the different proficiency 22 levels of English learners and set high ex- 23 pectations regarding academic achievement 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 43 •S 1094 IS and linguistic proficiency for English 1 learners at all levels of proficiency; 2 ‘‘(v) are updated, not later than 1 3 year after the State adopts any new aca- 4 demic content standards in reading or lan- 5 guage arts under this paragraph, in order 6 to align the English language proficiency 7 standards with the new content standards; 8 and 9 ‘‘(vi) support teachers as teachers en- 10 hance instruction to support English learn- 11 ers. 12 ‘‘(F) EARLY LEARNING GUIDELINES AND 13 EARLY GRADE STANDARDS.—A State that uses 14 funds provided under this part to support early 15 childhood education shall provide an assurance 16 that, not later than December 31, 2015, the 17 State will establish, or certify the existence of, 18 early learning guidelines and early grade stand- 19 ards in accordance with the following: 20 ‘‘(i) EARLY LEARNING GUIDELINES.— 21 In consultation with the State Advisory 22 Council on Early Childhood Education and 23 Care, the lead agency designated under 24 section 658D of the Child Care and Devel- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 44 •S 1094 IS opment Block Grant Act of 1990 (42 1 U.S.C. 9858 et seq.), and the State edu- 2 cational agency, the State shall complete a 3 review, and revise or create, as necessary, 4 the State’s early learning guidelines for 5 young children in order to promote devel- 6 opmentally appropriate, high-quality pro- 7 grams. Such guidelines shall— 8 ‘‘(I) address each of the age 9 groups of infants, toddlers, and pre- 10 school-aged children; 11 ‘‘(II) be developed, as appro- 12 priate, in all domains of child develop- 13 ment and learning (including lan- 14 guage, literacy, mathematics, creative 15 arts, science, social studies, social and 16 emotional development, approaches to 17 learning, and physical and health de- 18 velopment) for each age group; 19 ‘‘(III) reflect research and evi- 20 dence-based developmental and learn- 21 ing expectations, including the foun- 22 dation for and progression in how 23 children develop and learn the req- 24 uisite skills and content from one 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 45 •S 1094 IS stage into the next, including what 1 young children should know and be 2 able to do; 3 ‘‘(IV) address the cultural and 4 linguistic diversity and the diverse 5 abilities of young children, including 6 infants, toddlers, and preschoolers 7 with disabilities; 8 ‘‘(V) inform teaching practices, 9 improve professional development, and 10 support high-quality services in early 11 childhood education programs; 12 ‘‘(VI) be made publicly available, 13 including through electronic means; 14 and 15 ‘‘(VII) for pre-school age chil- 16 dren, appropriately assist in the tran- 17 sition of such children to kinder- 18 garten. 19 ‘‘(ii) EARLY GRADE STANDARDS.—In 20 consultation with the State Advisory Coun- 21 cil on Early Childhood Education and 22 Care, the lead agency designated under 23 section 658D of the Child Care and Devel- 24 opment Block Grant of 1990 (42 U.S.C. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 46 •S 1094 IS 9858 et seq.), and the State educational 1 agency, the State shall establish or review 2 and revise, as needed, standards for kin- 3 dergarten through grade 3 aligned with the 4 college and career ready academic content 5 and student academic achievement stand- 6 ards described in subsection (a)(1)(A) to 7 ensure that such standards— 8 ‘‘(I) are developed in all domains 9 of child development and learning (in- 10 cluding cognitive, language, literacy, 11 mathematics, creative arts, science, 12 social studies, social and emotional de- 13 velopment, physical development and 14 health, and approaches to learning); 15 ‘‘(II) reflect research and evi- 16 dence-based development and learning 17 expectations for each level and ad- 18 dress cultural, linguistic, and ability- 19 level diversity; and 20 ‘‘(III) across grade levels, reflect 21 progression in how children develop 22 and learn the requisite skills and con- 23 tent from earlier grades forward, in- 24 cluding preschool. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 47 •S 1094 IS ‘‘(G) EXISTING STANDARDS.—Nothing in 1 this part shall prohibit a State from revising, 2 consistent with this section, any standard 3 adopted under this part before, on, or after the 4 date of enactment of the Strengthening Amer- 5 ica’s Schools Act of 2013. 6 ‘‘(H) CONSTRUCTION.—Nothing in this 7 section shall be construed to authorize the Sec- 8 retary or other officer or employee of the Fed- 9 eral Government to mandate, direct, or control 10 a State’s college and career ready academic 11 content or student academic achievement stand- 12 ards under subsection (a). 13 ‘‘(2) ACADEMIC ASSESSMENTS.— 14 ‘‘(A) STATE ASSESSMENTS.—The State 15 shall, beginning not later than the beginning of 16 the 2015–2016 school year, adopt and imple- 17 ment statewide assessments that— 18 ‘‘(i) include statewide assessments in 19 reading or language arts, and mathe- 20 matics, annually for grades 3 through 8 21 and not less frequently than once during 22 grades 10 through 12, that— 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 48 •S 1094 IS ‘‘(I) are aligned with the State’s 1 academic content standards in such 2 subjects under paragraph (1)(A); 3 ‘‘(II) are administered to all pub- 4 lic elementary and secondary school 5 students in the State; 6 ‘‘(III) measure the individual 7 academic achievement of a student; 8 ‘‘(IV) assess the student’s aca- 9 demic achievement based on the 10 State’s student academic achievement 11 standards in the subject in order to 12 measure— 13 ‘‘(aa) whether the student is 14 performing at the student’s grade 15 level; and 16 ‘‘(bb) the specific grade level 17 at which the student is per- 18 forming in the subject; 19 ‘‘(V) measure individual student 20 academic growth, including a meas- 21 urement of the number of years of 22 academic growth each student attains 23 each year; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 49 •S 1094 IS ‘‘(VI) may, at the State’s choos- 1 ing— 2 ‘‘(aa) be administered 3 through a single summative as- 4 sessment each year; or 5 ‘‘(bb) be administered 6 through multiple statewide as- 7 sessments during the course of 8 the year if the State can dem- 9 onstrate to the Secretary’s satis- 10 faction the results of these mul- 11 tiple assessments, taken in their 12 totality, provide a summative 13 score that provides valid and reli- 14 able information on individual 15 student academic growth, as de- 16 scribed in subclause (V); 17 ‘‘(ii) include statewide assessments in 18 science, not less than once during each of 19 the grade spans of grades 3 through 5, 6 20 through 9, and 10 through 12, that— 21 ‘‘(I) assess the student’s aca- 22 demic achievement based on the 23 State’s student academic achievement 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 50 •S 1094 IS standards in science in order to meas- 1 ure— 2 ‘‘(aa) whether the student is 3 performing at the student’s grade 4 level; and 5 ‘‘(bb) the specific grade level 6 at which the student is per- 7 forming in the subject; 8 ‘‘(II) measure individual student 9 academic growth, including a meas- 10 urement of the number of years of 11 academic growth each student attains 12 each year; and 13 ‘‘(iii) include the English language 14 proficiency assessments and any alternate 15 assessments described in subparagraphs 16 (D) and (E), respectively; and 17 ‘‘(iv) at the discretion of the State, 18 measure the proficiency of students in the 19 other academic subjects for which the 20 State has adopted academic content stand- 21 ards and student academic achievement 22 standards under paragraph (1)(C). 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 51 •S 1094 IS ‘‘(B) REQUIREMENTS FOR ASSESS- 1 MENTS.—The assessments administered under 2 this paragraph shall— 3 ‘‘(i) be the same academic assess- 4 ments used to measure the achievement of 5 all students, although the individual as- 6 sessment items administered to a student 7 in order to determine the specific grade 8 level at which a student is performing may 9 vary; 10 ‘‘(ii) be used only for purposes for 11 which such assessments are valid and reli- 12 able, and be consistent with relevant, na- 13 tionally recognized professional and tech- 14 nical standards; 15 ‘‘(iii) be used only if the State edu- 16 cational agency provides to the Secretary 17 evidence that the assessments used are of 18 adequate technical quality for each purpose 19 required under this Act and are consistent 20 with the requirements of this section, 21 which evidence the Secretary may make 22 public; 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 52 •S 1094 IS ‘‘(iv) involve multiple up-to-date meas- 1 ures of student academic achievement, in- 2 cluding measures that— 3 ‘‘(I) assess the full range of aca- 4 demic content and student academic 5 achievement standards under section 6 1111(a)(1) that students are expected 7 to master; 8 ‘‘(II) measure students’ mastery 9 of content knowledge and their ability 10 to use knowledge to think critically 11 and solve problems, and to commu- 12 nicate effectively; and 13 ‘‘(III) may be partially delivered 14 in the form of portfolios, projects, or 15 extended performance tasks; 16 ‘‘(v) provide for— 17 ‘‘(I) the participation in such as- 18 sessments of all students; 19 ‘‘(II) the inclusion of English 20 learners, who shall be assessed in a 21 valid and reliable manner and pro- 22 vided reasonable accommodations on 23 assessments administered to such stu- 24 dents under this paragraph, including, 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 53 •S 1094 IS to the extent practicable, assessments 1 in the language and form most likely 2 to yield accurate data on what such 3 students know and can do in academic 4 content areas, until such students 5 have achieved English language pro- 6 ficiency as determined under subpara- 7 graph (D), except that the State may 8 exempt any English learner at the 9 lowest levels of English language pro- 10 ficiency from the reading or language 11 arts assessment for not more than 2 12 years following the date of the student 13 being identified as an English learner; 14 ‘‘(vi) shall— 15 ‘‘(I) incorporate the principles of 16 universal design, as defined in section 17 3(a) of the Assistive Technology Act 18 of 1998 (29 U.S.C. 3002(a)), to allow 19 for the greatest possible access for all 20 students; 21 ‘‘(II) provide for the reasonable 22 adaptations for children with disabil- 23 ities necessary to measure the aca- 24 demic achievement of such children in 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 54 •S 1094 IS a subject, relative to the State aca- 1 demic content standards and State 2 student academic achievement stand- 3 ards under paragraph (1) for such 4 subject; 5 ‘‘(III) provide for the valid and 6 reliable accommodations for children 7 with disabilities necessary to measure 8 the academic achievement of such 9 children in a subject, relative to the 10 State academic content standards and 11 State student academic achievement 12 standards under paragraph (1) for 13 such subject; and 14 ‘‘(IV) assess children with dis- 15 abilities using the same, unmodified 16 academic content standards used to 17 measure children without disabilities 18 in the same grade level, except in the 19 case of alternate assessments adminis- 20 tered in accordance with subpara- 21 graph (E); 22 ‘‘(vii) notwithstanding clause (v)(II), 23 include the academic assessment (using 24 tests written in English) of reading or lan- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 55 •S 1094 IS guage arts of any student who has at- 1 tended school in the United States (not in- 2 cluding Puerto Rico) for 3 or more con- 3 secutive school years, except that, if the 4 local educational agency determines, on a 5 case-by-case individual basis, that aca- 6 demic assessments in another language or 7 form would likely yield more accurate and 8 reliable information on what such student 9 knows and can do, the local educational 10 agency may make a determination to as- 11 sess such student in the appropriate lan- 12 guage other than English for a period that 13 does not exceed 2 additional consecutive 14 years, if such student has not yet reached 15 a level of English language proficiency suf- 16 ficient to yield valid and reliable informa- 17 tion on what such student knows and can 18 do on tests (written in English) of reading 19 or language arts; 20 ‘‘(viii) include students who have at- 21 tended schools in a local educational agen- 22 cy for a full academic year but have not at- 23 tended a single school for a full academic 24 year, except the performance of students 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 56 •S 1094 IS who have attended more than 1 school in 1 the local educational agency in any aca- 2 demic year shall be used only in deter- 3 mining the progress of the local edu- 4 cational agency; 5 ‘‘(ix) produce individual student inter- 6 pretive, descriptive, and diagnostic reports 7 that— 8 ‘‘(I) allow parents, teachers, and 9 principals to understand and address 10 the specific academic needs of stu- 11 dents and include information regard- 12 ing achievement on the academic as- 13 sessments aligned with State academic 14 achievement standards; and 15 ‘‘(II) are provided to parents, 16 teachers, and principals as soon as is 17 practicably possible after the assess- 18 ment is given, in an understandable 19 and uniform format, and to the extent 20 practicable, in a language that par- 21 ents can understand; 22 ‘‘(x) enable results to be 23 disaggregated within the State, local edu- 24 cational agency, and school by gender, 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 57 •S 1094 IS each major racial and ethnic group, 1 English proficiency status, migrant status, 2 status as a student with a disability, and 3 economically disadvantaged status, except 4 that disaggregation shall not be required 5 for any subgroup that would include 15 or 6 less students, so as to not reveal personally 7 identifiable information about an individual 8 student; 9 ‘‘(xi) be consistent with widely accept- 10 ed professional testing standards and ob- 11 jectively measure academic achievement, 12 knowledge, and skills; 13 ‘‘(xii) enable itemized score analyses 14 to be produced and reported, consistent 15 with clause (ii), to local educational agen- 16 cies and schools, so that parents, teachers, 17 principals, and administrators can inter- 18 pret and address the specific academic 19 needs of students as indicated by the stu- 20 dents’ achievement on assessment items; 21 ‘‘(xiii) produce student achievement 22 and other student data that can be used to 23 inform determinations of individual prin- 24 cipal and teacher effectiveness for purposes 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 58 •S 1094 IS of evaluation and for determining the 1 needs of principals and teachers for profes- 2 sional development and support; 3 ‘‘(xiv) be administered to not less 4 than 95 percent of all students, and not 5 less than 95 percent of each subgroup of 6 students described in clause (x), who are 7 enrolled in the school; and 8 ‘‘(xv) in the case of digital assess- 9 ments or any digital assessment content 10 that is adopted, procured, purchased, or 11 developed for the assessments, incorporate 12 the principles of universal design, as de- 13 fined in section 3(a) of the Assistive Tech- 14 nology Act of 1998 (29 U.S.C. 3002(a)) 15 and be interoperable and accessible for all 16 students, including students who are chil- 17 dren with disabilities. 18 ‘‘(C) LANGUAGES OF ASSESSMENTS.—The 19 State shall identify the languages other than 20 English that are present in the participating 21 student population in the State and indicate, in 22 the State’s plan under subsection (b), the lan- 23 guages for which yearly student academic as- 24 sessments included in the State’s accountability 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 59 •S 1094 IS system under paragraph (3) are not available 1 and are needed. The State shall make every ef- 2 fort to develop assessments in such languages 3 and may request assistance from the Secretary 4 if linguistically accessible academic assessments 5 are needed. Upon request, the Secretary shall 6 assist with the identification of appropriate aca- 7 demic assessments in such languages, but shall 8 not mandate a specific academic assessment or 9 mode of instruction. 10 ‘‘(D) ASSESSMENTS OF ENGLISH LAN- 11 GUAGE PROFICIENCY.— 12 ‘‘(i) IN GENERAL.—Each State plan 13 shall demonstrate that local educational 14 agencies in the State will, not later than 15 the beginning of the 2015–2016 school 16 year, provide for the annual assessment of 17 English language proficiency of all English 18 learners in the schools served by the State 19 educational agency. 20 ‘‘(ii) REQUIREMENTS.—The English 21 language proficiency assessment described 22 in clause (i) shall— 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 60 •S 1094 IS ‘‘(I) be aligned with the State’s 1 English language proficiency stand- 2 ards under paragraph (1)(E); 3 ‘‘(II) be designed to measure, in 4 a valid and reliable manner, student 5 progress toward, and attainment of, 6 English language proficiency; 7 ‘‘(III) reflect the academic lan- 8 guage that is required for success on 9 the State’s academic assessments, 10 consistent with paragraph (1)(E)(iv); 11 and 12 ‘‘(IV) measure each student’s 13 progress in achieving the levels of 14 English proficiency established under 15 the State English language proficiency 16 standards, as described in paragraph 17 (1)(D)(iii). 18 ‘‘(E) ALTERNATE ASSESSMENTS FOR STU- 19 DENTS WITH THE MOST SIGNIFICANT COG- 20 NITIVE DISABILITIES.—A State may provide al- 21 ternate assessments that are aligned with alter- 22 nate academic achievement standards described 23 in paragraph (1)(D) for students with the most 24 significant cognitive disabilities, if the State— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 61 •S 1094 IS ‘‘(i) ensures that for each subject, the 1 total number of students in each grade 2 level assessed in such subject using the al- 3 ternate assessments does not exceed 1 per- 4 cent of the total number of all students in 5 such grade level in the State who are as- 6 sessed in such subject; 7 ‘‘(ii) establishes and monitors imple- 8 mentation of clear and appropriate guide- 9 lines for individualized education program 10 teams (as defined in section 614(d)(1)(B) 11 of the Individuals with Disabilities Edu- 12 cation Act) to apply in determining, on a 13 subject-by-subject basis, when a child’s sig- 14 nificant cognitive disability justifies assess- 15 ment based on alternate academic achieve- 16 ment standards; 17 ‘‘(iii) ensures that parents of the stu- 18 dents whom the State plans to assess using 19 alternate assessments are involved in the 20 decision that their child’s academic 21 achievement will be measured against al- 22 ternate academic achievement standards, 23 consistent with section 24 614(d)(1)(A)(i)(VI)(bb) of the Individuals 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 62 •S 1094 IS with Disabilities Education Act, and are 1 informed whether participation in such as- 2 sessment may preclude the student from 3 completing the requirements for a regular 4 secondary school diploma, as determined 5 by the State; 6 ‘‘(iv) provides evidence that students 7 with the most significant cognitive disabil- 8 ities are, to the maximum extent prac- 9 ticable, included in the general curriculum 10 and in assessments aligned with such cur- 11 riculum, as described in section 12 601(c)(5)(A) of the Individuals with Dis- 13 abilities Education Act; 14 ‘‘(v) certifies, consistent with section 15 612(a)(16)(A) of the Individuals with Dis- 16 abilities Education Act, the State’s regular 17 academic assessments described in sub- 18 paragraphs (A), (C), and (D) are univer- 19 sally designed to be accessible to students, 20 including students with sensory, physical, 21 and intellectual disabilities, through the 22 provision of reasonable adaptations and 23 valid and reliable accommodations that 24 produce valid results; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 63 •S 1094 IS ‘‘(vi) develops, disseminates informa- 1 tion about, makes available, and promotes 2 the use of reasonable adaptations and valid 3 and reliable accommodations to increase 4 the number of students with the most sig- 5 nificant cognitive disabilities participating 6 in grade-level academic instruction and as- 7 sessments aligned with grade-level aca- 8 demic standards, and promotes the use of 9 appropriate accommodations to increase 10 the number of students with the most sig- 11 nificant cognitive disabilities who are test- 12 ed against grade-level academic achieve- 13 ment standards; 14 ‘‘(vii) takes steps to ensure regular 15 and special education teachers and other 16 appropriate staff know how to administer 17 assessments, including how to make appro- 18 priate use of reasonable adaptations and 19 valid and reliable accommodations for such 20 assessments, for students with the most 21 significant cognitive disabilities; and 22 ‘‘(viii) requires separate determina- 23 tions about whether a student should be 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 64 •S 1094 IS assessed using an alternate assessment for 1 each subject assessed. 2 ‘‘(F) COMPUTER ADAPTIVE ASSESS- 3 MENT.—A State may develop and administer 4 computer adaptive assessments as the assess- 5 ments required under subparagraph (A). If a 6 State develops and administers a computer 7 adaptive assessment for such purposes, the as- 8 sessment shall meet the requirements of this 9 paragraph. 10 ‘‘(G) REDUCING DUPLICATIVE ASSESS- 11 MENT.—The State shall— 12 ‘‘(i) include, in the State plan under 13 subsection (b), a description of how the 14 State will regularly analyze assessment and 15 accommodations practice and use, and re- 16 duce duplicative assessment where appro- 17 priate; and 18 ‘‘(ii) ensure that the local educational 19 agencies report, as required in subsection 20 (d), regarding the assessments required by 21 Federal, State, and local laws, regulations, 22 or policies. 23 ‘‘(3) STATE-DESIGNED ACCOUNTABILITY SYS- 24 TEMS.— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 65 •S 1094 IS ‘‘(A) ACCOUNTABILITY SYSTEM.—Each 1 State shall, not later than the beginning of the 2 2014–2015 school year, demonstrate the State 3 educational agency has developed and is imple- 4 menting a single, statewide accountability sys- 5 tem that— 6 ‘‘(i) annually measures and reports on 7 the achievement and academic growth of 8 students in all public elementary schools 9 and secondary schools and local edu- 10 cational agencies in the State, in accord- 11 ance with subparagraph (B); 12 ‘‘(ii) differentiates all local educational 13 agencies and all schools in the State ac- 14 cording to academic achievement and stu- 15 dent academic growth, English language 16 proficiency and growth for English learn- 17 ers, and, for high schools, graduation 18 rates, for all students and for each sub- 19 group described in paragraph (2)(B)(x); 20 ‘‘(iii) expects the continuous improve- 21 ment of all public schools in the State in 22 the academic achievement and academic 23 growth of all students, including the sub- 24 groups of students described in subpara- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 66 •S 1094 IS graph (D), and establishes ambitious and 1 achievable annual performance targets in 2 accordance with subparagraph (C); 3 ‘‘(iv) annually identifies schools that 4 need supports and interventions to prepare 5 college and career ready students; 6 ‘‘(v) provides for the improvement, 7 through supports and interventions that 8 address student needs, of all local edu- 9 cational agencies with schools not identi- 10 fied under section 1116(d) that are not 11 meeting performance targets for subgroups 12 described in subparagraph (D); 13 ‘‘(vi) develops the capacity of local 14 educational agencies and schools to effec- 15 tively educate their students and continu- 16 ously improve; 17 ‘‘(vii) recognizes, and encourages 18 other local educational agencies to rep- 19 licate, the practices of local educational 20 agencies and schools that are successful in 21 effecting significant student achievement 22 or student academic growth; and 23 ‘‘(viii) meets the requirements of sec- 24 tion 1116. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 67 •S 1094 IS ‘‘(B) MEASUREMENT OF ACHIEVEMENT 1 AND ACADEMIC GROWTH.— 2 ‘‘(i) IN GENERAL.—The State ac- 3 countability system shall measure student 4 achievement and academic growth toward 5 the college and career ready academic con- 6 tent and student academic achievement 7 standards under paragraph (1) by annually 8 measuring and reporting on, in the aggre- 9 gate and for each subgroup described in 10 subparagraph (D)— 11 ‘‘(I) the number and percentage 12 of students who are in each category 13 described in clause (ii), for each grade 14 and subject covered by an academic 15 assessment included in the account- 16 ability system, based on the State aca- 17 demic assessments for the subject; 18 and 19 ‘‘(II) for each such category of 20 students— 21 ‘‘(aa) the number and per- 22 centage of students for each 23 grade and subject who are meet- 24 ing or exceeding the State stu- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 68 •S 1094 IS dent academic achievement 1 standards or are achieving suffi- 2 cient academic growth, as de- 3 scribed in clause (iii); and 4 ‘‘(bb) the number and per- 5 centage of students for each 6 grade and subject who have not 7 achieved sufficient academic 8 growth, as described in such 9 clause. 10 ‘‘(ii) CATEGORIES OF STUDENTS.— 11 The State educational agency shall estab- 12 lish not less than 3 categories of students, 13 which shall include the following: 14 ‘‘(I) A category consisting of stu- 15 dents who are meeting or exceeding 16 the State student academic achieve- 17 ment standards under paragraph (1) 18 in a subject for the students’ grade 19 level, as determined based on the 20 State academic assessments under 21 paragraph (2). 22 ‘‘(II) A category consisting of 23 students whose proficiency in a sub- 24 ject is below grade level and who are 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 69 •S 1094 IS achieving sufficient academic growth, 1 as described in clause (iii). 2 ‘‘(III) A category of students 3 whose proficiency in a subject is below 4 grade level and who are not achieving 5 sufficient academic growth, as de- 6 scribed in clause (iii). 7 ‘‘(iii) SUFFICIENT ACADEMIC 8 GROWTH.—For purposes of this section, 9 sufficient academic growth for a student 10 means— 11 ‘‘(I) a rate of academic growth, 12 based on a comparison of the stu- 13 dent’s performance on the most recent 14 State academic assessment with the 15 preceding State academic assessment 16 or combination of preceding State 17 academic assessments, is such that 18 the student will be performing at or 19 above grade level within 3 years; 20 ‘‘(II) a rate of academic growth, 21 based on a comparison of the stu- 22 dent’s performance on the most recent 23 State academic assessment with the 24 preceding State academic assessment 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 70 •S 1094 IS or combination of preceding State 1 academic assessments, is such that 2 the student will be performing at or 3 above grade level by the end of the 4 grade span of which, for purposes of 5 this section, shall be the grade spans 6 of grades 3 through 5, 6 through 8, 7 and 9 through 12; or 8 ‘‘(III) another aggressive aca- 9 demic growth model approved by the 10 Secretary that supports the State edu- 11 cational agency performance targets 12 under subparagraph (C). 13 ‘‘(C) PERFORMANCE TARGETS.— 14 ‘‘(i) IN GENERAL.—Each State shall 15 establish, after requesting and receiving 16 input from the local educational agencies 17 of the State, ambitious and achievable an- 18 nual performance targets for the State, for 19 local educational agencies in the State, and 20 for public elementary schools and sec- 21 ondary schools, for each subject and grade 22 level assessed under paragraph (2), that— 23 ‘‘(I) are adopted from the waiver 24 agreement entered into with the Sec- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 71 •S 1094 IS retary through the authority under 1 section 9401 before the date of enact- 2 ment of the Strengthening America’s 3 Schools Act of 2013; 4 ‘‘(II) subject to approval by the 5 Secretary— 6 ‘‘(aa) sets a goal for every 7 public school to meet the achieve- 8 ment level of the highest-per- 9 forming 10 percent of schools in 10 the State as of the date of the 11 application submission, based on 12 the percentage of students meet- 13 ing or exceeding the State aca- 14 demic content and student aca- 15 demic achievement standards; 16 ‘‘(bb) requires annual 17 progress toward that goal for all 18 students, including all subgroups 19 of students consistent with sec- 20 tion 1111(a)(3)(D), within a 21 specified reasonable time period; 22 and 23 ‘‘(cc) ensures accelerated 24 progress for the subgroups of 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 72 •S 1094 IS students that start with the low- 1 est levels of student achievement; 2 or 3 ‘‘(III) are equally ambitious to 4 the performance targets described in 5 subclauses (I) and (II) and are ap- 6 proved by the Secretary. 7 ‘‘(ii) PERFORMANCE AREAS.—The 8 performance targets required under this 9 subparagraph shall include targets for— 10 ‘‘(I) student proficiency, as de- 11 scribed in subparagraph (B)(ii)(I); 12 ‘‘(II) student academic growth, 13 as determined in accordance with sub- 14 paragraph (B); 15 ‘‘(III) English language pro- 16 ficiency for English learners, as meas- 17 ured by the number of students who 18 are on track to achieving English pro- 19 ficiency, as described in paragraph 20 (1)(D) (i), by not later than 5 years 21 after being identified as English 22 learners; and 23 ‘‘(IV) for high schools, high 24 school graduation rates. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 73 •S 1094 IS ‘‘(iii) BASELINES.—Each State shall 1 use student performance on the State’s 2 academic assessments used for purposes of 3 receiving funds under this subpart and 4 subpart 2 for the 2014–2015 school year 5 as the baseline for the performance tar- 6 gets, subject to paragraph (5)(B)(iv) and 7 subsection (b)(3)(C). 8 ‘‘(iv) ADDITIONAL MEASURES AND 9 PERFORMANCE TARGETS.—A State may 10 develop other measures and performance 11 targets to provide school personnel, par- 12 ents, and community members with infor- 13 mation about the effectiveness of schools in 14 closing performance gaps among subgroups 15 and bringing all students to proficiency, 16 except that any such measure shall not 17 classify individuals who have not attained 18 a high school diploma but have earned a 19 recognized equivalent of such diploma as 20 graduating from high school. 21 ‘‘(D) SUBGROUPS OF STUDENTS.—The 22 subgroups described in this subparagraph shall 23 be obtained by disaggregating students enrolled 24 in a school by each major racial and ethnic 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 74 •S 1094 IS group, English proficiency status, status as a 1 child with a disability, and economically dis- 2 advantaged status, except that a school shall 3 not be required to disaggregate for any sub- 4 group that includes 15 or less students if such 5 disaggregation would result in the disclosure of 6 personally identifiable information. 7 ‘‘(E) SUBJECTS COVERED.—The State 8 shall include in the accountability system the 9 subjects of reading or language arts and mathe- 10 matics, and may include science and any other 11 subject that the State chooses through its State 12 plan, if the State has adopted academic content 13 standards and student academic achievement 14 standards under paragraph (1)(C) and assess- 15 ments under paragraph (2)(B) for the subject. 16 ‘‘(F) ACCOUNTABILITY FOR CHARTER 17 SCHOOLS.—The accountability provisions under 18 this Act shall be overseen for public charter 19 schools in accordance with State charter school 20 law. 21 ‘‘(G) STUDENTS WITH THE MOST SIGNIFI- 22 CANT COGNITIVE DISABILITIES.—In deter- 23 mining the percentage of students who are 24 meeting or exceeding the State student aca- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 75 •S 1094 IS demic achievement standards or are achieving 1 sufficient academic growth as described in sub- 2 paragraph (B)(iii), for a subject for any pur- 3 pose under this section or section 1116 or 4 1131, a State educational agency may include, 5 for all schools in the State, the performance of 6 the State’s students with the most significant 7 cognitive disabilities on alternate assessments 8 as described in paragraph (2)(E) in the sub- 9 jects included in the State’s accountability sys- 10 tem, consistent with the 1 percent limitation of 11 subsection (a)(2)(E)(i). 12 ‘‘(4) VOLUNTARY PARTNERSHIPS.—A State 13 may enter into a voluntary partnership with another 14 State to develop and implement the academic assess- 15 ments, academic content standards, and student aca- 16 demic achievement standards required under this 17 section. 18 ‘‘(5) TRANSITION PROVISIONS.— 19 ‘‘(A) IN GENERAL.—The Secretary shall 20 take such steps as are necessary to provide for 21 the orderly transition between the account- 22 ability systems required under subsection 23 (b)(2), as such section was in effect on the day 24 before the date of enactment of the Strength- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 76 •S 1094 IS ening America’s Schools Act of 2013, and the 1 new accountability systems required under this 2 subsection, including the transition steps de- 3 scribed in subparagraph (B). 4 ‘‘(B) TRANSITION STEPS.—To enable the 5 successful transition to the provisions of this 6 part, as amended by the Strengthening Amer- 7 ica’s Schools Act of 2013, each State edu- 8 cational agency receiving funds under this part 9 shall— 10 ‘‘(i) beginning upon the date of enact- 11 ment of the Strengthening America’s 12 Schools Act of 2013— 13 ‘‘(I) administer assessments, as 14 required under paragraph (2), as 15 amended by such Act, that measure 16 and assess the college and career 17 ready academic content standards and 18 student academic achievement stand- 19 ards described in paragraph (1), as 20 amended by such Act; and 21 ‘‘(II) with respect to any report- 22 ing provision under this part that re- 23 quires the disaggregation of students, 24 carry out such requirement unless the 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 77 •S 1094 IS number of students in such subgroup 1 is less than 15; 2 ‘‘(ii) during the transition period, con- 3 tinue all interventions, services, and activi- 4 ties required under section 1116(b), as in 5 effect on the day before the date of enact- 6 ment of such Act, for schools identified for 7 corrective action under such section 8 1116(b)(7); 9 ‘‘(iii) after 2 years of using the as- 10 sessments described in clause (i)(I), estab- 11 lish a new baseline, as described in para- 12 graph (3)(C), using the new assessment 13 data; and 14 ‘‘(iv) implement sections 1111 and 15 1116, as amended by such Act, except that 16 the State shall not be required to identify 17 proficiency gaps, focus schools, or priority 18 schools under subsection(b), (c), or (d) of 19 section 1116 until 2 full school years after 20 the date of enactment of such Act. 21 ‘‘(C) END OF TRANSITION.—The transition 22 to the requirements of this part, as amended by 23 the Strengthening America’s Schools Act of 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 78 •S 1094 IS 2013, shall be completed by not later than 2 1 years after the date of enactment of such Act. 2 ‘‘(b) STATE PLANS.— 3 ‘‘(1) IN GENERAL.—For any State desiring to 4 receive a grant under this part, the State edu- 5 cational agency shall submit to the Secretary a plan, 6 developed by the State educational agency in con- 7 sultation with local educational agencies, teachers, 8 principals, specialized instructional support per- 9 sonnel, administrators, other staff, representatives of 10 Indian tribes located in the State, and parents, 11 that— 12 ‘‘(A) demonstrates the State’s compliance 13 with this section; 14 ‘‘(B) is coordinated with the State plans 15 required by other programs under this Act, the 16 Individuals with Disabilities Education Act, the 17 Rehabilitation Act of 1973 (29 U.S.C. 701 et 18 seq.), the Carl D. Perkins Career and Technical 19 Education Act of 2006, the Head Start Act, the 20 Child Care and Development Block Grant Act 21 of 1990, and the Adult Education and Family 22 Literacy Act, and activities under title IX of 23 the Educational Amendments of 1972; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 79 •S 1094 IS ‘‘(C) provides an assurance the State will 1 continue to administer the academic assess- 2 ments required under paragraphs (3)(A) and 3 (7) of this subsection, as such paragraphs were 4 in effect on the day before the date of enact- 5 ment of the Strengthening America’s Schools 6 Act of 2013, and to include the results of such 7 assessments in the State’s accountability sys- 8 tem, until the State has implemented the as- 9 sessments required under subsection (a)(2); 10 ‘‘(D) provides an assurance the State will 11 participate in the biennial State academic as- 12 sessments of grade 4 and grade 8 reading and 13 mathematics under the National Assessment of 14 Educational Progress carried out under section 15 303(b)(2) of the National Assessment of Edu- 16 cational Progress Authorization Act if the Sec- 17 retary pays the costs of administering such as- 18 sessments; 19 ‘‘(E) describes the State accountability sys- 20 tem under subsection (a)(3) and the State’s 21 plan for blue ribbon schools under section 1131 22 (if the State chooses to carry out such section); 23 ‘‘(F) describes the process the State will 24 utilize to review local educational agency plans 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 80 •S 1094 IS submitted pursuant to section 1112, including 1 the parent and family engagement plan de- 2 scribed in section 1118 and other provisions re- 3 lated to parent and family engagement; 4 ‘‘(G) describes the support the State will 5 provide to local educational agencies for the 6 education of homeless children and youths, and 7 how the State will comply with the require- 8 ments of subtitle B of title VII of the McKin- 9 ney-Vento Homeless Assistance Act; 10 ‘‘(H) describes how the State educational 11 agency has involved the committee of practi- 12 tioners established under section 1603(b) in de- 13 veloping the plan and monitoring its implemen- 14 tation; 15 ‘‘(I) describes how the State educational 16 agency will coordinate with the State Advisory 17 Council on Early Childhood Education and 18 Care, as appropriate; 19 ‘‘(J)(i) if the State funds full-day kinder- 20 garten programs but does not provide access to 21 such programs for all children eligible to attend 22 kindergarten in the State, describes how the 23 State plans to increase the number of students 24 in the State who are enrolled in full-day kinder- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 81 •S 1094 IS garten and a strategy to implement such a 1 plan; and 2 ‘‘(ii) if the State provides funding for kin- 3 dergarten programs but does not fund full-day 4 kindergarten programs, describes how the State 5 plans to establish such programs to extend and 6 strengthen the educational continuum for chil- 7 dren entering elementary school; 8 ‘‘(K) provides an assurance that the 9 State— 10 ‘‘(i) has established a longitudinal 11 data system that includes all elements de- 12 scribed in section 6401(e)(2)(D) of the 13 America COMPETES Act (20 U.S.C. 14 9871), by the date required under the 15 terms for the allocation received by the 16 State through the State Fiscal Stabiliza- 17 tion Fund under section 14001 of the 18 American Recovery and Reinvestment Act 19 of 2009 (Public Law 111–5, 123 Stat. 20 279); or 21 ‘‘(ii) if the State was not subject to 22 any such requirement, that the State will 23 establish such a system by a date approved 24 the Secretary; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 82 •S 1094 IS ‘‘(L) describes how the State and State 1 educational agency will comply with the require- 2 ments of section 1501, and the State’s plan to 3 ensure such compliance; 4 ‘‘(M) in the case of a State that proposes 5 to use funds under this part to support positive 6 behavioral interventions and supports, describes 7 how the State educational agency will— 8 ‘‘(i) assist local educational agencies 9 in implementing positive behavioral inter- 10 ventions and supports in schools served by 11 the local educational agency throughout 12 the whole school; 13 ‘‘(ii) provide technical assistance and 14 training to local educational agencies to 15 improve and support the development, im- 16 plementation, and coordination of com- 17 prehensive positive behavioral interventions 18 and supports carried out under this Act 19 with activities carried out under the Indi- 20 viduals with Disabilities Education Act; 21 ‘‘(iii) in coordination with local edu- 22 cational agencies and schools, implement 23 positive, preventative approaches to school 24 discipline to promote a positive school cli- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 83 •S 1094 IS mate for all students and reduce recidivism 1 of re-entering youth offenders and discon- 2 nected youth; and 3 ‘‘(iv) evaluate the effects of providing 4 positive behavioral interventions and sup- 5 ports for all students, including improve- 6 ment of the learning environment, aca- 7 demic achievement, disciplinary problems 8 such as incidents of suspensions, expul- 9 sions, referrals to law enforcement, and 10 other actions that remove students from 11 instruction, and any other effects the State 12 chooses to evaluate; 13 ‘‘(N) in the case of a State that proposes 14 to use funds under this part to support early 15 intervening services, describes how the State 16 educational agency will— 17 ‘‘(i) assist local educational agencies 18 in implementing early intervening services 19 in schools served by the local educational 20 agency to reduce the need to label children 21 as children with disabilities in order to ad- 22 dress the learning and behavioral needs of 23 such children; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 84 •S 1094 IS ‘‘(ii) provide technical assistance and 1 training to local educational agencies to 2 improve coordination of early intervening 3 services provided under this Act with early 4 intervening services carried out under the 5 Individuals with Disabilities Education 6 Act; and 7 ‘‘(iii) evaluate the effects of providing 8 early intervening services; 9 ‘‘(O) describes how the State will assist 10 local educational agencies in identifying gifted 11 and talented students, including high-ability 12 students who have not previously been formally 13 identified for gifted education services, and im- 14 plement educational approaches at the elemen- 15 tary school and secondary school levels to sup- 16 port the learning needs of gifted and talented 17 students to ensure that such students make ap- 18 propriate learning gains, such as early entrance 19 to kindergarten, enrichment, acceleration, cur- 20 riculum compacting, and dual enrollment in sec- 21 ondary school and postsecondary education; 22 ‘‘(P) describes how the State educational 23 agency will— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 85 •S 1094 IS ‘‘(i) reduce suspensions, expulsions, 1 referrals to law enforcement, and other 2 disciplinary actions that remove students 3 from instruction; 4 ‘‘(ii) facilitate, to the extent prac- 5 ticable, the re-entry of juvenile offenders 6 and disconnected youth into their local 7 educational agencies; 8 ‘‘(iii) in coordination with the State 9 department of corrections or similar agen- 10 cy, ensure re-entering juvenile offenders re- 11 ceive referrals to a local educational agency 12 and provide that, for any juvenile who 13 commits an offense subject to school expul- 14 sion and is subsequently committed to a 15 detention center, secure facility, or any 16 other residential placement within the juve- 17 nile or adult criminal justice system for 18 such offense, the period of expulsion shall 19 run concurrently with the period of com- 20 mitment to the detention center, secure fa- 21 cility, or other residential placement; and 22 ‘‘(iv) in coordination with local edu- 23 cational agencies and schools, provide an- 24 nual and public reporting on, in the aggre- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 86 •S 1094 IS gate, in-school suspensions, out-of-school 1 suspensions, expulsions, referrals to law 2 enforcement, school-based arrests, and dis- 3 ciplinary transfers (including placements in 4 alternative schools) in the State; 5 ‘‘(Q) describe how the State educational 6 agency will plan for pregnant and parenting 7 students to be enrolled, attend, and succeed in 8 school; 9 ‘‘(R) describes how— 10 ‘‘(i) for the first year following the 11 date of enactment of the Strengthening 12 America’s Schools Act of 2013, the State 13 educational agency will provide for the eq- 14 uitable distribution of elementary school 15 teachers, and secondary school teachers, 16 within local educational agencies and the 17 State using data on the percentage and 18 distribution of the categories of teachers 19 described in subparagraph (S) as transi- 20 tional measures of teacher quality; 21 ‘‘(ii) for each school year following the 22 first year after such date of enactment, the 23 State educational agency will provide for 24 the equitable distribution of teachers with- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 87 •S 1094 IS in local educational agencies and the State 1 so that low-income and minority children 2 are not taught at higher rates than other 3 children by teachers with the lowest rat- 4 ings in the State professional growth and 5 improvement system; and 6 ‘‘(iii) beginning not later than 1 year 7 after such date of enactment, and for each 8 subsequent year, the State will report to 9 the Secretary the percentage and distribu- 10 tion of teachers in the State, based on the 11 measures used in the State, for each quar- 12 tile of schools based on school poverty 13 level, for high-minority schools, and for 14 low-minority schools; and 15 ‘‘(S) describes how the State will annually 16 submit to the Secretary, for each quartile of 17 schools in the State based on school poverty 18 level and for high-minority schools and low-mi- 19 nority schools in the State, data regarding the 20 percentage and distribution of the following cat- 21 egories of teachers: 22 ‘‘(i) Teachers who are not classified as 23 highly qualified teachers. 24 ‘‘(ii) Teachers who are new. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 88 •S 1094 IS ‘‘(iii) Teachers who have not com- 1 pleted a teacher preparation program. 2 ‘‘(iv) Teachers who are not teaching 3 in the subject or field for which the teacher 4 is certified or licensed. 5 ‘‘(v) Beginning in any year for which 6 data are available from a professional 7 growth and improvement system, and not 8 later than the 2015–2016 school year, 9 teachers with the highest or lowest ratings 10 in the professional growth and improve- 11 ment system, as data from such system be- 12 come available, and in no case later than 13 the 2015–2016 school year. 14 ‘‘(2) COMPREHENSIVE PLAN.—A State plan 15 submitted under paragraph (1) may be submitted as 16 part of the comprehensive plan under section 9302. 17 ‘‘(3) DURATION OF THE PLAN.— 18 ‘‘(A) IN GENERAL.—Each State plan 19 shall— 20 ‘‘(i) remain in effect for the duration 21 of the State’s participation under this part 22 or 4 years, whichever is shorter; and 23 ‘‘(ii) be periodically reviewed and re- 24 vised as necessary by the State educational 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 89 •S 1094 IS agency to reflect changes in the State’s 1 strategies and programs under this part. 2 ‘‘(B) ADDITIONAL INFORMATION.— 3 ‘‘(i) REVISED PLANS.—If a State 4 makes significant changes to its plan, such 5 as adopting new State academic content 6 standards, new State student achievement 7 standards, new academic assessments, or 8 improved performance targets under sub- 9 section (a), the State shall submit a re- 10 vised plan to the Secretary. 11 ‘‘(ii) REVIEW OF REVISED PLANS.— 12 The Secretary shall review the information 13 submitted under clause (i) and may, not- 14 withstanding paragraph (4), approve or 15 disapprove changes to the State plan with- 16 out undertaking the peer-review or hearing 17 process described in such paragraph. 18 ‘‘(C) RENEWAL.—A State educational 19 agency that desires to continue participating in 20 the program under this part shall submit a re- 21 newed plan every 4 years with improved per- 22 formance targets. 23 ‘‘(4) PEER REVIEW AND SECRETARIAL AP- 24 PROVAL.— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 90 •S 1094 IS ‘‘(A) SECRETARIAL DUTIES.—The Sec- 1 retary shall— 2 ‘‘(i) establish a peer-review process 3 that maximizes collaboration with each 4 State to assist in the review of State plans; 5 ‘‘(ii) appoint expert individuals to the 6 peer-review process who— 7 ‘‘(I) represent a regionally di- 8 verse cross-section of States; 9 ‘‘(II) are representative of par- 10 ents, teachers, State educational agen- 11 cies, and local educational agencies; 12 and 13 ‘‘(III) are familiar with edu- 14 cational standards, assessments, ac- 15 countability, the needs of focus and 16 priority schools as described in sub- 17 sections (c) and (d) of section 1116 18 and the needs of disadvantaged stu- 19 dents, students who are children with 20 disabilities, and other educational 21 needs of students; 22 ‘‘(iii) ensure the peer-review process 23 provides timely feedback from the peer-re- 24 view panel to the States, and that such 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 91 •S 1094 IS feedback shall be made publicly available, 1 including through electronic means; 2 ‘‘(iv) not decline approval of a State 3 plan before— 4 ‘‘(I) offering the State an oppor- 5 tunity to revise the State plan; 6 ‘‘(II) providing technical assist- 7 ance to the State to meet the require- 8 ments of this subsection and sub- 9 sections (a) and (c); and 10 ‘‘(III) upon the request of a 11 State, providing a hearing; 12 ‘‘(v) have the authority to disapprove 13 a State plan for not meeting the require- 14 ments of this part, and may deny approval 15 to a State plan under this subsection that 16 was recommended by the peer-review panel 17 by making available written findings of the 18 cause for such disapproval; 19 ‘‘(vi) approve a State plan not later 20 than 120 days after its submission unless 21 the Secretary determines that the plan 22 does not meet the requirements of this sec- 23 tion; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 92 •S 1094 IS ‘‘(vii) if the Secretary determines that 1 the State plan does not meet the require- 2 ments of this subsection and subsection 3 (c), immediately notify the State in writing 4 of such determination and the reasons for 5 such determination; and 6 ‘‘(viii) not have the authority to re- 7 quire a State, as a condition of approval of 8 the State plan, to include in, or delete 9 from, such plan 1 or more specific ele- 10 ments of the State’s academic content 11 standards or to use specific academic as- 12 sessment instruments or items. 13 ‘‘(B) STATE REVISIONS.—A State plan 14 shall be revised by the State educational agency 15 if necessary to satisfy the requirements of this 16 section. 17 ‘‘(c) PARENT AND FAMILY ENGAGEMENT.—Each 18 State plan shall include a description of how the State will 19 strengthen engagement of the parents and families in edu- 20 cation (referred to in this subsection as the ‘parent and 21 family engagement plan’) in accordance with the following: 22 ‘‘(1) STATEWIDE PARENT AND FAMILY EN- 23 GAGEMENT STRATEGY.—The parent and family en- 24 gagement plan shall demonstrate how the State 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 93 •S 1094 IS plans to increase and enhance the engagement of 1 parents and family members in education through- 2 out the State, through the implementation and rep- 3 lication of evidence-based or promising practices, in 4 order to— 5 ‘‘(A) increase student academic growth and 6 achievement, and college and career readiness; 7 ‘‘(B) provide parents and family members 8 with the skills and opportunities necessary to 9 become full partners in their child’s education; 10 ‘‘(C) improve child development; 11 ‘‘(D) strengthen relationships and partner- 12 ships among school personnel and parents and 13 family members, to support student academic 14 growth and achievement, and college and career 15 readiness; 16 ‘‘(E) improve the ability of local edu- 17 cational agencies and schools to increase the 18 participation of parents and family members in 19 school improvement strategies, create opportu- 20 nities for co-location and provision of services 21 for parents and family members, and foster 22 conditions for learning; and 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 94 •S 1094 IS ‘‘(F) focus the activities described in sub- 1 paragraphs (A) through (E) in high-need local 2 educational agencies and high-need schools. 3 ‘‘(2) COORDINATION; COLLECTION; DISSEMINA- 4 TION.—The parent and family engagement plan 5 shall describe how the State will— 6 ‘‘(A) ensure maximum coordination and 7 minimum duplication of efforts (which may in- 8 clude the designation of a parent and family en- 9 gagement coordinator) among, at a minimum— 10 ‘‘(i) Federal, State, and local pro- 11 grams; 12 ‘‘(ii) the State Advisory Councils on 13 Early Childhood Education and Care; 14 ‘‘(iii) the parent and family informa- 15 tion and resource centers established under 16 part H of title IV; and 17 ‘‘(iv) appropriate non-Federal entities 18 (including community-based and philan- 19 thropic organizations and court-appointed 20 special advocates); 21 ‘‘(B) collect and disseminate best practices 22 and research on parent and family engagement 23 strategies to— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 95 •S 1094 IS ‘‘(i) local educational agencies, includ- 1 ing high-need local educational agencies, 2 and high-need schools in the State, such as 3 through parent and family engagement 4 academies and other leadership develop- 5 ment strategies; and 6 ‘‘(ii) institutions of higher education 7 and other organizations with a dem- 8 onstrated record of success in increasing 9 the engagement of parents and family 10 members in education; and 11 ‘‘(C) ensure that the process for reviewing 12 local educational agency plans pursuant to sec- 13 tion 1112 includes an assessment and response 14 to each local educational agency regarding the 15 extent to which such plans incorporate the best 16 practices identified in subparagraph (B). 17 ‘‘(3) TECHNICAL ASSISTANCE, TRAINING, AND 18 CAPACITY-BUILDING.—The State parent and family 19 engagement plan shall describe the evidence-based 20 technical assistance, professional development, or 21 other capacity-building strategies that the State will 22 provide to, at a minimum, high-need local edu- 23 cational agencies and high-need schools, which— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 96 •S 1094 IS ‘‘(A) shall include the provision of tech- 1 nical assistance to local educational agencies 2 that serve schools identified as focus or priority 3 schools under subsection (c) or (d) of section 4 1116; 5 ‘‘(B) shall include partnering with the ap- 6 propriate parent and family information and re- 7 source centers; 8 ‘‘(C) may include assistance in developing, 9 revising, or implementing the local educational 10 agency plans submitted pursuant to section 11 1112 as such plans relate to supporting parent 12 and family engagement, in conjunction with 13 paragraph (2)(C); 14 ‘‘(D) may include assistance related to im- 15 plementing evidence-based parent and family 16 engagement strategies to providers of early care 17 and education; and 18 ‘‘(E) may include assistance related to im- 19 plementing evidence-based parent and family 20 engagement strategies for English learner fami- 21 lies, such as those described in section 22 3115(c)(5). 23 ‘‘(4) LEVERAGING RESOURCES.—Each State 24 plan shall include a description of how the State will 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 97 •S 1094 IS leverage resources of employers, business leaders, 1 philanthropic and non-profit organizations, and 2 other community members to increase and strength- 3 en parent and family engagement. 4 ‘‘(d) ANNUAL STATE REPORT CARDS.— 5 ‘‘(1) IN GENERAL.—A State that receives a 6 grant under this part shall prepare and disseminate 7 an annual report card for each public elementary 8 school and secondary school in the State, each local 9 educational agency in the State, and the State as a 10 whole. 11 ‘‘(2) REQUIREMENTS FOR ALL REPORT 12 CARDS.—The State shall ensure the school, local 13 educational agency, and State report cards required 14 under this subsection are— 15 ‘‘(A) uniform across the State; 16 ‘‘(B) concise; 17 ‘‘(C) presented in a format that is easily 18 understandable and, to the extent practicable, 19 provided in a language that parents can under- 20 stand; and 21 ‘‘(D) accessible to the public, which shall 22 include— 23 ‘‘(i) making the State report card and 24 all local educational agency and school re- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 98 •S 1094 IS port cards available on a single webpage of 1 the State’s website; and 2 ‘‘(ii) providing a copy of a school’s re- 3 port card to the parents of each student 4 enrolled in the school each year. 5 ‘‘(3) REQUIRED STUDENT INFORMATION FOR 6 SCHOOL REPORT CARDS.—Each school report card 7 required under paragraph (1) shall include the fol- 8 lowing: 9 ‘‘(A) A clear and concise description of the 10 State’s accountability system under subsection 11 (a)(3), including a description of the criteria by 12 which the State evaluates school performance, 13 and the criteria that the State has established 14 to determine the status of schools. 15 ‘‘(B) Information on each of the following 16 for the school, in the aggregate and 17 disaggregated and cross-tabulated by the sub- 18 groups described in subsection (a)(2)(B)(x) (ex- 19 cept that such disaggregation or cross-tabula- 20 tion shall not be required in a case in which the 21 results would reveal personally identifiable in- 22 formation about an individual student): 23 ‘‘(i) Student achievement at each per- 24 formance level on the State academic as- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 99 •S 1094 IS sessments that are included in the State’s 1 accountability system under subsection 2 (a)(3). 3 ‘‘(ii) The percentage of students who 4 do not take the State academic assess- 5 ments. 6 ‘‘(iii) The most recent 3-year trend in 7 student achievement in each subject area, 8 and for each grade level, for such assess- 9 ments. 10 ‘‘(iv) A comparison of the school’s 11 student academic assessment data to the 12 State average for each tested subject. 13 ‘‘(v)(I) the number and percentage of 14 students who are meeting or exceeding the 15 State student academic achievement stand- 16 ards or are achieving sufficient academic 17 growth, as determined in accordance with 18 subsection (a)(3)(B)(iii), for each subject 19 area and grade level; and 20 ‘‘(II) The most recent 3-year trend in 21 student academic growth in each subject 22 area, and for each grade level, for the 23 State academic assessments. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 100 •S 1094 IS ‘‘(vi) The number and percentage of 1 students with the most significant cog- 2 nitive disabilities who take an alternate as- 3 sessment under subsection (a)(2)(E), by 4 grade and subject. 5 ‘‘(vii) The number of students who 6 are English learners, and the performance 7 of such students, on the State’s English 8 language proficiency assessments under 9 sub (a)(2)(D), including the students’ at- 10 tainment of, and progress toward, higher 11 levels of English language proficiency. 12 ‘‘(viii) For each high school— 13 ‘‘(I) student graduation rates, in- 14 cluding— 15 ‘‘(aa) the 4-year adjusted 16 cohort graduation rate, as de- 17 fined in section 9101(30)(A); and 18 ‘‘(bb) the cumulative grad- 19 uation rate, as defined in section 20 9101(30)(B); 21 ‘‘(II) not later than the beginning 22 of the 2013–2014 school year, the 23 rate at which students who graduated 24 from the high school in the preceding 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 101 •S 1094 IS year enrolled in institutions of higher 1 education by the beginning of the next 2 school year; and 3 ‘‘(III) not later than the begin- 4 ning of the 2014–2015 school year, 5 the rate of student remediation, in the 6 aggregate, for high school graduates 7 who enroll in public institutions of 8 higher education in the State or in 9 other institutions of higher education 10 (to the extent obtaining the data re- 11 garding remediation from other insti- 12 tutions is practicable). 13 ‘‘(ix) Beginning not later than the 14 2015–2016 school year, the evaluation re- 15 sults of teachers and principals as meas- 16 ured by the State’s professional growth 17 and improvement system, except that such 18 information shall not provide individually 19 identifiable information on individual 20 teachers and principals. 21 ‘‘(x) Discipline data with respect to all 22 students in the school for the disciplinary 23 exclusionary categories described in sub- 24 paragraphs (A)(v), (D), and (E) of section 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 102 •S 1094 IS 618(a)(1) of the Individuals with Disabil- 1 ities Education Act. 2 ‘‘(xi) The percentage of students pass- 3 ing examinations related to coursework ac- 4 ceptable for postsecondary credit at insti- 5 tutions of higher education, such as Ad- 6 vanced Placement or International Bacca- 7 laureate examinations; 8 ‘‘(xii) Data regarding pregnant and 9 parenting students in the State, includ- 10 ing— 11 ‘‘(I) the number of pregnant and 12 parenting students enrolled in sec- 13 ondary schools; 14 ‘‘(II) rates, and data regarding 15 participation, of pregnant and par- 16 enting students in mainstream schools 17 or in the schools in which the students 18 originated; 19 ‘‘(III) rates, and data regarding 20 participation, of pregnant and par- 21 enting students in alternative pro- 22 grams; 23 ‘‘(IV) the number and percentage 24 of pregnant and parenting students 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 103 •S 1094 IS who have achieved proficiency, as de- 1 termined for purposes of subsection 2 (a)(3)(B)(ii) in each grade and sub- 3 ject assessed; and 4 ‘‘(V) graduation rates for preg- 5 nant and parenting students. 6 ‘‘(xiii) The incidence of school vio- 7 lence, bullying, drug abuse, alcohol abuse, 8 in-school student suspensions, out-of-school 9 student suspensions, expulsions, referrals 10 to law enforcement, school-based arrests, 11 disciplinary transfers (including place- 12 ments in alternative schools), and student 13 detentions, for each category. 14 ‘‘(C) The average class size, by grade. 15 ‘‘(D) The school’s categorization, if appli- 16 cable, in the State school accountability and im- 17 provement system under section 1116. 18 ‘‘(E) The most recently available academic 19 achievement results in grades 4 and 8 of the 20 State’s students on the National Assessment of 21 Educational Progress in reading and mathe- 22 matics, including the percentage of students at 23 each achievement level in the aggregate and by 24 the groups described in section 303(b)(2)(G) of 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 104 •S 1094 IS the National Assessment of Educational 1 Progress Authorization Act (20 U.S.C. 2 9622(b)(2)(G)). 3 ‘‘(F) The number of local educational 4 agencies in the State that implement positive 5 behavioral interventions and supports. 6 ‘‘(G) The number of students— 7 ‘‘(i) who are served through the use of 8 early intervening services; and 9 ‘‘(ii) who, in the preceding 2-year pe- 10 riod, received early intervening services 11 and who, after receiving such services, 12 have been identified as eligible for, and re- 13 ceive, special education and related services 14 under part B of the Individuals with Dis- 15 abilities Education Act. 16 ‘‘(H) The number of local educational 17 agencies in the State that implement school- 18 based mental health programs. 19 ‘‘(4) OPTIONAL INFORMATION.—A State may 20 include in each school report card such other infor- 21 mation as the State believes will best provide par- 22 ents, students, and other members of the public with 23 information regarding the progress of each of the 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 105 •S 1094 IS State’s public elementary and secondary schools. 1 Such information may include— 2 ‘‘(A) interscholastic athletic program indi- 3 cators by gender, including number of partici- 4 pants, expenditures, number of coaches, and 5 number of competitive events; 6 ‘‘(B) indicators of school climate; 7 ‘‘(C) student attendance; and 8 ‘‘(D) school readiness of students in kin- 9 dergarten. 10 ‘‘(5) LOCAL EDUCATIONAL AGENCY AND STATE 11 REPORT CARDS.—Each local educational agency re- 12 port card and State report card required under 13 paragraph (1)— 14 ‘‘(A) shall include the data described in 15 clauses (i) through (xiv) of paragraph (3)(B) 16 for the local educational agency or State, re- 17 spectively, as a whole and disaggregated by the 18 subgroups described in subsection (a)(2)(B)(x); 19 ‘‘(B) in the case of a State report card, 20 shall include the data described in paragraph 21 (3)(B)(viii) disaggregated by status as a child 22 in foster care, except that such disaggregation 23 shall not be required in a case in which the 24 number of students in the category would reveal 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 106 •S 1094 IS personally identifiable information about an in- 1 dividual student; 2 ‘‘(C) in the case of a local educational 3 agency report card, shall include information 4 regarding the assessments administered annu- 5 ally, by grade level and subject, and, for each 6 assessment, whether the assessment is required 7 by Federal, State, or local statute, regulation, 8 or policy; and 9 ‘‘(D) may include any optional information 10 described in paragraph (4) for the local edu- 11 cational agency or State, respectively. 12 ‘‘(6) DATA.—A State shall only include in a 13 school report card or local educational agency report 14 card, data that do not reveal personally identifiable 15 information about an individual student or teacher. 16 ‘‘(7) PREEXISTING REPORT CARDS.—A State 17 educational agency or local educational agency that 18 was providing public report cards on the perform- 19 ance of students, schools, local educational agencies, 20 or the State prior to the date of enactment of the 21 Strengthening America’s Schools Act of 2013, may 22 use those report cards for the purpose of this sub- 23 section as long as any such report card is modified, 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 107 •S 1094 IS as may be needed, to contain the information re- 1 quired by this subsection. 2 ‘‘(8) COST REDUCTION.—Each State edu- 3 cational agency and local educational agency receiv- 4 ing assistance under this part shall, wherever pos- 5 sible, take steps to reduce data collection costs and 6 duplication of effort by obtaining the information re- 7 quired under this subsection through existing data 8 collection efforts. 9 ‘‘(9) CROSS-TABULATED DATA NOT USED FOR 10 ACCOUNTABILITY.—Groups of students obtained by 11 cross-tabulating data under this subsection shall not 12 be considered to be subgroups under section 1116. 13 Such cross-tabulated data shall not be used to deter- 14 mine whether a school is a focus or priority school 15 under subsection (c) or (d) of section 1116. 16 ‘‘(e) REPORTING.— 17 ‘‘(1) ANNUAL STATE REPORT.—Each State 18 educational agency that receives assistance under 19 this part shall report annually to the Secretary, and 20 make widely available within the State— 21 ‘‘(A) information on the State’s progress in 22 developing and implementing the academic as- 23 sessments described in subsection (a)(2); 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 108 •S 1094 IS ‘‘(B) information on the achievement and 1 academic growth of students, including results 2 disaggregated (except in a case in which the 3 number of students in a category is insufficient 4 to yield statistically reliable information or the 5 results would reveal personally identifiable in- 6 formation about an individual student) by the 7 subgroups described in subsection (a)(2)(B)(x) 8 and by status as a child in foster care; 9 ‘‘(C) information on any changes in status 10 for all public schools in the State, in accordance 11 with the State’s system of differentiation de- 12 scribed in subsection (a)(3)(A)(ii) and the cat- 13 egories required under section 1116; 14 ‘‘(D) in any year before the State begins to 15 provide the information described in subpara- 16 graph (B), information on the results of stu- 17 dent academic assessments (including results 18 disaggregated by the subgroups described in 19 subsection (a)(2)(B)(x)) required under this 20 section; 21 ‘‘(E) information on the acquisition of 22 English language proficiency by students who 23 are English learners; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 109 •S 1094 IS ‘‘(F) the number of schools, and the name 1 of each school, identified as a focus or priority 2 school under subsection (c) or (d) of section 3 1116; and 4 ‘‘(G) the number of schools identified as 5 blue ribbon schools under section 1131 and the 6 name of each such school. 7 ‘‘(2) SECRETARY’S REPORT CARD AND BIEN- 8 NIAL EVALUATION REPORT.— 9 ‘‘(A) SECRETARY’S REPORT CARD.—Not 10 later than July 1, 2014, and annually there- 11 after, the Secretary shall prepare and submit to 12 the authorizing committees a national report 13 card on the status of elementary and secondary 14 education in the United States. Such report 15 shall— 16 ‘‘(i) analyze existing data from State 17 reports required under this Act, the Indi- 18 viduals with Disabilities Education Act, 19 and the Carl D. Perkins Career and Tech- 20 nical Education Act of 2006, and summa- 21 rize major findings from such reports; 22 ‘‘(ii) analyze data from the National 23 Assessment of Educational Progress and 24 international assessments, including the 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 110 •S 1094 IS Third International Mathematics and 1 Science Survey; 2 ‘‘(iii) identify trends in student 3 achievement, student academic growth, 4 student performance, and high school 5 graduation rates, by analyzing and report- 6 ing on the status and performance of sub- 7 groups of students, including subgroups 8 based on race, ethnicity, and socioeconomic 9 status and the subgroups of children with 10 disabilities and English learners; 11 ‘‘(iv) compare the performance of stu- 12 dents, including the subgroups described in 13 clause (iii), across States and local edu- 14 cational agencies across the United States; 15 ‘‘(v) identify and report on promising 16 practices, areas of greatest improvement in 17 student achievement and educational at- 18 tainment, and other examples worthy of 19 national attention; 20 ‘‘(vi) identify and report on areas of 21 educational concern that warrant national 22 attention; and 23 ‘‘(vii)(I) analyze existing data, as of 24 the time of the report, on Federal, State, 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 111 •S 1094 IS and local expenditures on education, in- 1 cluding per pupil spending, teacher salaries 2 and pension obligations, school level spend- 3 ing, and other financial data publicly avail- 4 able; and 5 ‘‘(II) report on current trends and 6 major findings resulting from the analysis. 7 ‘‘(B) SPECIAL RULE.—The information 8 used to prepare the report described in sub- 9 paragraph (A) shall be derived from existing 10 State and local reporting requirements and data 11 sources. Nothing in this paragraph shall be con- 12 strued as authorizing, requiring, or allowing 13 any additional reporting requirements, data ele- 14 ments, or information to be reported to the Sec- 15 retary not otherwise explicitly authorized by any 16 other Federal law. 17 ‘‘(C) BIENNIAL REPORT.—The Secretary 18 shall transmit biennially to the authorizing 19 committees a report that provides national and 20 State-level data on the information collected 21 under paragraph (1). 22 ‘‘(f) PENALTIES.—If a State that receives a grant 23 under this part fails to meet any requirement of this part, 24 the Secretary may withhold funds for State administration 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 112 •S 1094 IS under this part until the Secretary determines that the 1 State has fulfilled those requirements. 2 ‘‘(g) PARENTS’ RIGHT-TO-KNOW.— 3 ‘‘(1) QUALIFICATIONS.—At the beginning of 4 each school year, a local educational agency that re- 5 ceives funds under this part shall notify the parents 6 of each student attending any school receiving funds 7 under this part that the parents may request, and 8 the agency will provide the parents on request (and 9 in a timely manner), information regarding the pro- 10 fessional qualifications of the student’s classroom 11 teachers, including, at a minimum, the following: 12 ‘‘(A) Whether the teacher has met State 13 qualification and licensing criteria for the grade 14 levels and subject areas in which the teacher 15 provides instruction. 16 ‘‘(B) Whether the teacher is teaching 17 under emergency or other provisional status 18 through which State qualification or licensing 19 criteria have been waived. 20 ‘‘(C) The baccalaureate degree major of 21 the teacher and any other graduate certification 22 or degree held by the teacher, and the field of 23 discipline of the certification or degree. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 113 •S 1094 IS ‘‘(D) Whether the student is provided serv- 1 ices by paraprofessionals and, if so, their quali- 2 fications. 3 ‘‘(2) EQUITY REPORT CARD.—A local edu- 4 cational agency that receives funds under this part 5 shall make available to parents, separately or as a 6 clearly identified part of the school report card, and 7 through easily accessible means, including electronic 8 means, the following information for each school: 9 ‘‘(A) student achievement data at each 10 performance level, for each category of students 11 described in subsection (a)(3)(B)(ii), on the 12 State academic assessments included in the 13 State accountability system under subsection 14 (a)(3), disaggregated by the subgroups de- 15 scribed in subsection (a)(2)(B)(x); 16 ‘‘(B) Individual school funding by source, 17 including Federal, State, and local funding and 18 grants; 19 ‘‘(C) For each high school, the 4-year ad- 20 justed cohort graduation rate, as described in 21 section 9101(32)(A), and the rate at which stu- 22 dents graduating from the high school in the 23 preceding year enrolled in institutions of higher 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 114 •S 1094 IS education by the beginning of the next school 1 year; 2 ‘‘(D) Data regarding educational oppor- 3 tunity participation, which data— 4 ‘‘(i) shall include, at a minimum, pre- 5 kindergarten and full-day kindergarten op- 6 portunities for children and opportunities 7 for Advanced Placement or International 8 Baccalaureate course work; and 9 ‘‘(ii) may include such opportunities 10 as dual enrollment, gifted programming, 11 and other educational programming. 12 ‘‘(E) Information regarding each school’s 13 school climate, including student survey results 14 and school discipline data, which may include 15 information such as the incidence of school vio- 16 lence, bullying, in-school student suspensions, 17 out-of-school student suspensions, expulsions, 18 referrals to law enforcement, school-based ar- 19 rests, disciplinary transfers (including place- 20 ments in alternative schools), and student de- 21 tentions. 22 ‘‘(F) Other data that, in conjunction with 23 the local educational agency report card de- 24 scribed in subsection (d), is determined, by the 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 115 •S 1094 IS State or local educational agency in consulta- 1 tion with parents, families, and educators, to be 2 necessary to allow parents, families, and com- 3 munity members to understand, and compare 4 with other schools in the local educational agen- 5 cy and across the State, the resources available 6 to the school that influence the outcomes for 7 students. 8 ‘‘(3) ADDITIONAL INFORMATION.—In addition 9 to the information that parents of students may re- 10 quest under paragraph (1), a school that receives 11 funds under this part shall provide to each indi- 12 vidual parent, with respect to the student— 13 ‘‘(A) information on the level of achieve- 14 ment and academic growth of the student on 15 each of the State academic assessments as re- 16 quired under this part; and 17 ‘‘(B) timely notice that the student has 18 been assigned, or has been taught for 4 or more 19 consecutive weeks by, a teacher who does not 20 hold a State qualification or license to teach at 21 the grade level and subject area in which the 22 teacher has been assigned. 23 ‘‘(4) FORMAT.—The notice and information 24 provided to parents under this subsection shall be in 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 116 •S 1094 IS an understandable and uniform format and, to the 1 extent practicable, provided in a language that the 2 parents can understand. 3 ‘‘(h) PRIVACY.—Information collected under this sec- 4 tion shall be collected and disseminated in a manner that 5 protects the privacy of individuals. 6 ‘‘(i) TECHNICAL ASSISTANCE.—The Secretary shall 7 provide a State educational agency, at the State edu- 8 cational agency’s request, with technical assistance in 9 meeting the requirements of this section. 10 ‘‘(j) CONSTRUCTION.—Nothing in this part shall be 11 construed to prescribe the use of the academic assess- 12 ments described in this part for student promotion or 13 graduation purposes. 14 ‘‘(k) SPECIAL RULE WITH RESPECT TO BUREAU- 15 FUNDED SCHOOLS.—In determining the assessments to be 16 used by each school operated or funded by the Bureau 17 of Indian Education of the Department of Interior that 18 receives funds under this part, the following shall apply: 19 ‘‘(1) STATE ACCREDITED SCHOOLS.—Each such 20 school accredited by the State in which it is oper- 21 ating shall use the assessments the State has devel- 22 oped and implemented to meet the requirements of 23 this section, or such other appropriate assessment as 24 approved by the Secretary of the Interior. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 117 •S 1094 IS ‘‘(2) REGIONALLY ACCREDITED SCHOOLS.— 1 Each such school accredited by a regional accred- 2 iting organization shall adopt appropriate assess- 3 ments, in consultation with and with the approval of, 4 the Secretary of the Interior and consistent with as- 5 sessments adopted by other schools in the same 6 State or region, that meets the requirements of this 7 section. 8 ‘‘(3) TRIBALLY ACCREDITED SCHOOLS.—Each 9 such school accredited by a tribal accrediting agency 10 or tribal division of education shall use assessments 11 developed by such agency or division, except that the 12 Secretary of the Interior shall ensure that such as- 13 sessments meet the requirements of this section.’’. 14 SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 15 Section 1112 (20 U.S.C. 6312) is amended to read 16 as follows: 17 ‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 18 ‘‘(a) PLANS REQUIRED.— 19 ‘‘(1) SUBGRANTS.—A local educational agency 20 may receive a subgrant under this part for any fiscal 21 year only if such agency has on file with the State 22 educational agency a plan, approved by the State 23 educational agency, that is coordinated with other 24 programs under this Act, the Individuals with Dis- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 118 •S 1094 IS abilities Education Act, the Carl D. Perkins Career 1 and Technical Education Act of 2006, the McKin- 2 ney-Vento Homeless Assistance Act, and other Acts, 3 as appropriate, and activities under title IX of the 4 Education Amendments of 1972. 5 ‘‘(2) CONSOLIDATED APPLICATION.—The plan 6 may be submitted as part of a consolidated applica- 7 tion under section 9305. 8 ‘‘(b) PLAN DEVELOPMENT AND DURATION.— 9 ‘‘(1) CONSULTATION.—Each local educational 10 agency plan shall be developed in consultation 11 with— 12 ‘‘(A) teachers, principals, administrators, 13 and other appropriate school personnel; 14 ‘‘(B) representatives of early childhood 15 education programs in the geographic area 16 served by the local educational agency, as ap- 17 propriate; and 18 ‘‘(C) parents and family members of chil- 19 dren in schools served under this part. 20 ‘‘(2) DURATION.—Each local educational agen- 21 cy plan shall be submitted pursuant to this section 22 for the first year for which this part is in effect fol- 23 lowing the date of enactment of the Strengthening 24 America’s Schools Act of 2013, and such plan shall 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 119 •S 1094 IS remain in effect until the date of renewal as deter- 1 mined under paragraph (4) by the State. 2 ‘‘(3) REVIEW.—Each local educational agency 3 shall periodically review and, as necessary, revise its 4 plan to reflect changes in the local educational agen- 5 cy’s strategies and programs under this part, and 6 changes in the State performance targets under sec- 7 tion 1111(a)(3). 8 ‘‘(4) RENEWAL.—A local educational agency 9 that desires to continue participating in the program 10 under this part shall submit a renewed plan on a 11 periodic basis, as determined by the State. 12 ‘‘(c) STATE APPROVAL.— 13 ‘‘(1) IN GENERAL.—Each local educational 14 agency plan shall be filed according to a schedule es- 15 tablished by the State educational agency. 16 ‘‘(2) APPROVAL.—The State educational agency 17 shall approve a local educational agency’s plan only 18 if the State educational agency determines that the 19 local educational agency’s plan— 20 ‘‘(A) enables schools served under this part 21 to substantially help children served under this 22 part meet the academic content and student 23 academic achievement standards expected of all 24 children described in section 1111(a)(1) and the 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 120 •S 1094 IS performance targets described in section 1 1111(a)(3)(C); and 2 ‘‘(B) meets the requirements of this part. 3 ‘‘(d) PLAN PROVISIONS.—In order to help low-achiev- 4 ing children meet college and career ready student aca- 5 demic achievement standards, and to close the achieve- 6 ment gap between high- and low-achieving children each 7 local educational agency plan shall describe each of the 8 following: 9 ‘‘(1) How the local educational agency will work 10 with each of the schools served by the agency to— 11 ‘‘(A) develop and implement a comprehen- 12 sive program of instruction to meet the aca- 13 demic needs of all students; 14 ‘‘(B) identify quickly and effectively stu- 15 dents who may be at risk for academic failure; 16 ‘‘(C) provide additional educational assist- 17 ance to individual students assessed as needing 18 help in meeting the State’s college and career 19 ready student academic achievement standards; 20 ‘‘(D) identify significant gaps in student 21 achievement among subgroups of students iden- 22 tified under section 1111(a)(2)(B)(x) and de- 23 velop strategies to reduce such gaps in achieve- 24 ment; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 121 •S 1094 IS ‘‘(E) identify and implement effective 1 methods and instructional strategies that are 2 based on scientifically valid research intended to 3 strengthen the core academic programs of the 4 schools, including using multi-tiered systems of 5 support, universal design for learning, and posi- 6 tive behavioral interventions and supports. 7 ‘‘(2) How the local educational agency will mon- 8 itor and evaluate the effectiveness of school pro- 9 grams in improving student academic achievement 10 and academic growth, especially for students de- 11 scribed in section 1111(a)(3)(B)(ii)(II). 12 ‘‘(3) The strategy the local educational agency 13 will use to implement effective parent and family en- 14 gagement under section 1118. 15 ‘‘(4) How the local educational agency will co- 16 ordinate and integrate services provided under this 17 part with other high-quality early childhood edu- 18 cation programs at the local educational agency or 19 individual school level (including programs under 20 section 619 of the Individuals with Disabilities Edu- 21 cation Act) that include plans for the transition of 22 participants in such programs to local elementary 23 school programs and, if appropriate, a description of 24 how the local educational agency will use funds 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 122 •S 1094 IS under this part to support preschool programs for 1 children, particularly children participating in a 2 Head Start program, which may be provided directly 3 by the local educational agency or through a sub- 4 contract with the Head Start agency designated by 5 the Secretary of Health and Human Services under 6 section 641 of the Head Start Act, or another com- 7 parable public early childhood education program. 8 ‘‘(5) How activities under this part will be co- 9 ordinated and integrated with Federal, State, and 10 local services and programs, including programs sup- 11 ported under this Act, the Carl D. Perkins Career 12 and Technical Education Act of 2006, the Individ- 13 uals with Disabilities Education Act, the Rehabilita- 14 tion Act of 1973, the Head Start Act, the Child 15 Care and Development Block Grant Act of 1990, 16 and the Workforce Investment Act of 1998, violence 17 prevention programs, nutrition programs, and hous- 18 ing programs. 19 ‘‘(6) How the local educational agency will co- 20 ordinate and integrate services provided under this 21 part with local workforce development programs that 22 serve disadvantaged or out-of-school youth, such as 23 those providing workforce investment activities 24 under chapter 4 of subtitle B of title I of the Work- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 123 •S 1094 IS force Investment Act of 1998, including a descrip- 1 tion of how the local educational agency will use 2 funds under this part to support such activities. 3 ‘‘(7) The poverty criteria that will be used to 4 select school attendance areas under section 1113. 5 ‘‘(8) How teachers, in consultation with parents 6 and family members, administrators, and specialized 7 instructional support personnel, in targeted assist- 8 ance schools under section 1115, will identify the eli- 9 gible children most in need of services under this 10 part. 11 ‘‘(9) How the local educational agency will iden- 12 tify and address any disparities in the equitable dis- 13 tribution of teachers, consistent with the require- 14 ments of section 1111(b)(1)(L). 15 ‘‘(10) How the local educational agency will 16 provide for the equitable distribution of elementary 17 school teachers, and of secondary school teachers, 18 within local educational agencies and the State using 19 data on the percentage and distribution of the cat- 20 egories of teachers described in subsection (e)(13). 21 ‘‘(11) A general description of the nature of the 22 programs to be conducted by such agency’s schools 23 under sections 1114 and 1115 and, where appro- 24 priate, educational services outside such schools for 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 124 •S 1094 IS children living in local institutions for neglected or 1 delinquent children, and for neglected and delin- 2 quent children in community day school programs. 3 ‘‘(12) A description of— 4 ‘‘(A) how the local educational agency will 5 provide opportunities for the enrollment, at- 6 tendance, and success of homeless children and 7 youths; and 8 ‘‘(B) the services the local educational 9 agency will provide homeless children and 10 youths, including services provided with funds 11 reserved under section 1113(c)(3), and how 12 those services may differ from those provided in 13 prior years. 14 ‘‘(13) A description of the support the local 15 educational agency will provide for homeless children 16 and youths, consistent with the requirements of the 17 McKinney-Vento Homeless Assistance Act. 18 ‘‘(14) For each quartile of schools in the local 19 educational agency based on school poverty level and 20 for high-minority schools and low-minority schools in 21 the local educational agency, data regarding access 22 at the high school level to rigorous coursework, in- 23 cluding— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 125 •S 1094 IS ‘‘(A) access to opportunities to earn post- 1 secondary credit while in high school, such as 2 through Advanced Placement and International 3 Baccalaureate courses and examinations, and 4 dual enrollment; and 5 ‘‘(B) student performance on Advanced 6 Placement and International Baccalaureate 7 course examinations. 8 ‘‘(15) How the local educational agency will 9 identify and address any disparity within the student 10 subgroups described in section 1111(a)(3)(D) in eq- 11 uitable access to rigorous coursework, including ac- 12 cess to opportunities described in paragraph 13 (14)(A). 14 ‘‘(16) How the local educational agency will en- 15 gage in timely, on-going, and meaningful consulta- 16 tion with representatives of Indian tribes in the area 17 served by such local educational agency to improve 18 the coordination of activities under this Act and to 19 meet the unique cultural, language, and academic 20 needs of Indian and Native Hawaiian students. 21 ‘‘(17) How the local educational agency will im- 22 plement strategies to facilitate effective transitions 23 for students from middle school to high school and 24 from high school to postsecondary education. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 126 •S 1094 IS ‘‘(18) If the local educational agency proposes 1 to use subgrant funds under this part for positive 2 behavioral interventions and supports, a description 3 of the actions the local educational agency will take 4 to provide positive behavioral interventions and sup- 5 ports and coordinate those activities with activities 6 carried out under the Individuals with Disabilities 7 Education Act. 8 ‘‘(19) If the local educational agency proposes 9 to use subgrant funds under this part for early in- 10 tervening services, a description of the actions the 11 local educational agency will take to provide early in- 12 tervening services and coordinate those services with 13 early intervening services carried out under the Indi- 14 viduals with Disabilities Education Act. 15 ‘‘(20) If the local educational agency proposes 16 to use subgrant funds under this part for school- 17 based mental health programs, a description of the 18 actions the local educational agency will take to pro- 19 vide school-based mental health programs and co- 20 ordinate those activities with activities carried out 21 under the Individuals with Disabilities Education 22 Act. 23 ‘‘(21) If the local educational agency proposes 24 to use subgrant funds under this part for periodi- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 127 •S 1094 IS cally updating the crisis management plan of the 1 local educational agency, as described in section 2 4202(d)(5)(B)(iv), a description of the actions the 3 local educational agency will take to develop and im- 4 plement an updated crisis management plan. 5 ‘‘(22) A description of how the local educational 6 agency will plan for pregnant and parenting stu- 7 dents to be enrolled, attend, and succeed in school. 8 ‘‘(e) ASSURANCES.—Each local educational agency 9 plan shall provide assurances that the local educational 10 agency will— 11 ‘‘(1) use the results of the academic assess- 12 ments required under section 1111(a)(2), and other 13 measures or indicators available to the agency, to re- 14 view annually the progress of each school served by 15 the agency and receiving funds under this part to 16 determine whether all of the schools are making the 17 progress necessary to ensure all students will be per- 18 forming at or above grade level on the State aca- 19 demic assessments required under such section, in 20 accordance with the ambitious targets described in 21 the State plan under section 1111(a)(3)(C); 22 ‘‘(2) provide to parents and teachers the results 23 from the academic assessments required under sec- 24 tion 1111(a)(2) as soon as is practicably possible 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 128 •S 1094 IS after the test is taken in an understandable and uni- 1 form format and, to the extent possible, provided in 2 a language that the parents and, to the greatest ex- 3 tent practicable, family members, can understand; 4 ‘‘(3) participate, if selected, in State academic 5 assessments of student achievement in reading and 6 mathematics in grades 4 and 8 carried out under 7 section 303(b)(3) of the National Assessment of 8 Educational Progress Authorization Act; 9 ‘‘(4) fulfill such agency’s school improvement 10 responsibilities under section 1116; 11 ‘‘(5) ensure that migratory children who are eli- 12 gible to receive services under this part are selected 13 to receive such services on the same basis as other 14 children who are selected to receive services under 15 this part; 16 ‘‘(6) engage in timely and meaningful consulta- 17 tion with representatives of Indian tribes located in 18 the area served by the local educational agency; 19 ‘‘(7) provide services to eligible children attend- 20 ing private elementary schools and secondary schools 21 in accordance with section 1120, and timely and 22 meaningful consultation with private school officials 23 regarding such services; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 129 •S 1094 IS ‘‘(8) inform eligible schools of the local edu- 1 cational agency’s authority to obtain waivers on the 2 school’s behalf under applicable Federal flexibility 3 provisions; 4 ‘‘(9) in the case of a local educational agency 5 that chooses to use funds under this part to provide 6 early childhood education services to low-income chil- 7 dren below the age of compulsory school attendance, 8 ensure that such services comply with the education 9 performance standards in effect under section 10 641A(a)(1)(B) of the Head Start Act; 11 ‘‘(10) comply with the requirements of section 12 1501 that relate to the local educational agency and 13 describe the local educational agency’s plan to en- 14 sure such compliance; 15 ‘‘(11) comply with the requirements of subtitle 16 B of title VII of the McKinney-Vento Homeless As- 17 sistance Act that relate to the local educational 18 agency; 19 ‘‘(12) annually submit to the State educational 20 agency the information contained in each school eq- 21 uity report card described in section 1111(g)(2); and 22 ‘‘(13) annually submit to the State educational 23 agency, for each quartile of schools in the local edu- 24 cational agency based on school poverty level and for 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 130 •S 1094 IS high-minority schools and low-minority schools in 1 the local educational agency, data regarding the per- 2 centage and distribution of the following categories 3 of teachers: 4 ‘‘(A) Teachers who are new. 5 ‘‘(B) Teachers who have not completed a 6 teacher preparation program. 7 ‘‘(C) Teachers who are not teaching in the 8 subject or field for which the teacher is certified 9 or licensed. 10 ‘‘(D) Where applicable, teachers who have 11 the highest or lowest ratings in a professional 12 growth and improvement system. 13 ‘‘(f) PARENTAL NOTIFICATION REGARDING LAN- 14 GUAGE INSTRUCTION PROGRAMS.— 15 ‘‘(1) IN GENERAL.—Each local educational 16 agency using funds under this part to provide a lan- 17 guage instruction educational program as deter- 18 mined under part C of title III shall, not later than 19 30 days after the beginning of the school year, in- 20 form a parent or parents of an English learner iden- 21 tified for participation or participating in, such a 22 program of— 23 ‘‘(A) the reasons for the identification of 24 their child as an English learner and in need of 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 131 •S 1094 IS placement in a language instruction educational 1 program; 2 ‘‘(B) the child’s level of English pro- 3 ficiency, how such level was assessed, and the 4 status of the child’s academic achievement; 5 ‘‘(C) the methods of instruction used in 6 the program in which their child is, or will be, 7 participating, and the methods of instruction 8 used in other available programs, including how 9 such programs differ in content, instructional 10 goals, and the use of English and a native lan- 11 guage in instruction; 12 ‘‘(D) how the program in which their child 13 is, or will be, participating, will meet the edu- 14 cational strengths and needs of their child; 15 ‘‘(E) how such program will specifically 16 help their child learn English, and meet age-ap- 17 propriate academic achievement standards for 18 grade promotion and graduation; 19 ‘‘(F) the specific exit requirements for the 20 program, including the expected rate of transi- 21 tion from such program into classrooms that 22 are not tailored for English learners, and the 23 expected rate of graduation from secondary 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 132 •S 1094 IS school for such program if funds under this 1 part are used for children in secondary schools; 2 ‘‘(G) in the case of a child with a dis- 3 ability, how such program meets the objectives 4 of the individualized education program of the 5 child; and 6 ‘‘(H) information pertaining to parental 7 rights that includes written guidance— 8 ‘‘(i) detailing— 9 ‘‘(I) the right that parents have 10 to have their child immediately re- 11 moved from such program upon their 12 request; and 13 ‘‘(II) the options that parents 14 have to decline to enroll their child in 15 such program or to choose another 16 program or method of instruction, if 17 available; and 18 ‘‘(ii) assisting parents in selecting 19 among various programs and methods of 20 instruction, if more than 1 program or 21 method is offered by the eligible entity. 22 ‘‘(2) NOTICE.—The notice and information pro- 23 vided in paragraph (1) to a parent or parents of a 24 child identified for participation in a language in- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 133 •S 1094 IS struction educational program for English learners 1 shall be in an understandable and uniform format 2 and, to the extent practicable, provided in a lan- 3 guage that the parents can understand. 4 ‘‘(3) SPECIAL RULE APPLICABLE DURING THE 5 SCHOOL YEAR.—For those children who have not 6 been identified as English learners prior to the be- 7 ginning of the school year and who are subsequently 8 so identified, the local educational agency shall no- 9 tify the parents of such children within the first 2 10 weeks of the child being placed in a language in- 11 struction educational program consistent with para- 12 graphs (1) and (2). 13 ‘‘(4) PARENTAL PARTICIPATION.—Each local 14 educational agency receiving funds under this part 15 shall implement an effective means of outreach to 16 parents and, to the extent practicable, family mem- 17 bers, of English learner students to inform the par- 18 ents and family members regarding how the parents 19 and family members can be involved in the education 20 of their children, and be active participants in assist- 21 ing their children to attain English proficiency, 22 achieve at high levels in core academic subjects, and 23 meet college and career ready State student aca- 24 demic achievement standards and State academic 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 134 •S 1094 IS content standards expected of all students, including 1 holding, and sending notice of opportunities for, reg- 2 ular meetings for the purpose of formulating and re- 3 sponding to recommendations from parents and fam- 4 ily members of students assisted under this part. 5 ‘‘(5) BASIS FOR ADMISSION OR EXCLUSION.—A 6 student shall not be admitted to, or excluded from, 7 any federally assisted education program on the 8 basis of a surname or language-minority status.’’. 9 SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS. 10 Section 1113 (20 U.S.C. 6313) is amended— 11 (1) in subsection (a)— 12 (A) by striking paragraph (3) and insert- 13 ing the following: 14 ‘‘(3) RANKING ORDER.— 15 ‘‘(A) IN GENERAL.—Except as provided in 16 subparagraph (B), if funds allocated in accord- 17 ance with subsection (c) are insufficient to serve 18 all eligible school attendance areas, a local edu- 19 cational agency shall— 20 ‘‘(i) annually rank, without regard to 21 grade spans, such agency’s eligible school 22 attendance areas in which the concentra- 23 tion of children from low-income families 24 exceeds 75 percent, or exceeds 50 percent 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 135 •S 1094 IS in the case of the high schools served by 1 such agency, from highest to lowest ac- 2 cording to the percentage of children from 3 low-income families; and 4 ‘‘(ii) serve such eligible school attend- 5 ance areas in rank order. 6 ‘‘(B) APPLICABILITY.—A local educational 7 agency shall not be required to reduce, in order 8 to comply with subparagraph (A), the amount 9 of funding provided under this part to elemen- 10 tary schools and middle schools from the 11 amount of funding provided under this part to 12 such schools for the fiscal year preceding the 13 data of enactment of the Strengthening Amer- 14 ica’s Schools Act of 2013 in order to provide 15 funding under this part to high schools pursu- 16 ant to subparagraph (A).’’; 17 (B) by striking paragraph (5) and insert- 18 ing the following: 19 ‘‘(5) MEASURES.— 20 ‘‘(A) IN GENERAL.—Except as provided in 21 subparagraph (B), the local educational agency 22 shall use the same measure of poverty, which 23 measure shall be the number of children ages 5 24 through 17 in poverty counted in the most re- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 136 •S 1094 IS cent census data approved by the Secretary, the 1 number of children eligible for free and reduced 2 priced lunches under the Richard B. Russell 3 National School Lunch Act, the number of chil- 4 dren in families receiving assistance under the 5 State program funded under part A of title IV 6 of the Social Security Act, or the number of 7 children eligible to receive medical assistance 8 under the Medicaid program, or a composite of 9 such indicators, with respect to all school at- 10 tendance areas in the local educational agen- 11 cy— 12 ‘‘(i) to identify eligible school attend- 13 ance areas; 14 ‘‘(ii) to determine the ranking of each 15 area; and 16 ‘‘(iii) to determine allocations under 17 subsection (c). 18 ‘‘(B) LOW-INCOME FAMILIES IN SEC- 19 ONDARY SCHOOLS.—For measuring the number 20 of students in low-income families in secondary 21 schools, the local educational agency shall use 22 the same measure of poverty, which shall be the 23 calculation producing the greater of the results 24 from among the following 2 calculations: 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 137 •S 1094 IS ‘‘(i) The calculation described under 1 subparagraph (A). 2 ‘‘(ii) A feeder pattern described in 3 subparagraph (C). 4 ‘‘(C) FEEDER PATTERN.—In this part, the 5 term ‘feeder pattern’ means an accurate esti- 6 mate of the number of students in low-income 7 families in a secondary school that is calculated 8 by applying the average percentage of students 9 in low-income families of the elementary school 10 attendance areas as calculated under subpara- 11 graph (A) that feed into the secondary school to 12 the number of students enrolled in such 13 school.’’; and 14 (C) by adding at the end the following: 15 ‘‘(8) RESERVATION FOR EARLY CHILDHOOD 16 EDUCATION.—A local educational agency may re- 17 serve funds made available to carry out this section 18 for early childhood education in eligible school at- 19 tendance areas before making allocations to high 20 schools in eligible school attendance areas pursuant 21 to this section.’’; and 22 (2) in subsection (c)— 23 (A) by striking paragraph (3) and insert- 24 ing the following: 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 138 •S 1094 IS ‘‘(3) RESERVATION FOR HOMELESS CHILDREN 1 AND YOUTH AND OTHER AT-RISK CHILDREN.— 2 ‘‘(A) FUNDS FOR HOMELESS CHILDREN 3 AND YOUTH AND OTHER AT-RISK CHILDREN.— 4 A local educational agency shall reserve such 5 funds as are necessary under this part to 6 serve— 7 ‘‘(i) homeless children who are attend- 8 ing any public school served by the local 9 educational agency, including providing 10 educationally related support services to 11 children in shelters and other locations 12 where children may live; 13 ‘‘(ii) children in local institutions for 14 neglected children; 15 ‘‘(iii) if appropriate, children in local 16 institutions for delinquent children, and 17 neglected or delinquent children in commu- 18 nity day programs; and 19 ‘‘(iv) children in foster care (as de- 20 fined in section 1502), including providing 21 points of contact (as described in section 22 1501(d)) in local educational agencies for 23 child welfare agencies and children in fos- 24 ter care. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 139 •S 1094 IS ‘‘(B) RESERVATION OF FUNDS.—Notwith- 1 standing the requirements of subsections (b) 2 and (c) of section 1120A, funds reserved under 3 subparagraph (A) may be used to provide 4 homeless children and youths with services not 5 ordinarily provided to other students under this 6 part, including— 7 ‘‘(i) providing funding for the liaison 8 designated pursuant to section 9 722(g)(1)(J)(ii) of the McKinney-Vento 10 Homeless Assistance Act; 11 ‘‘(ii) providing transportation pursu- 12 ant to section 722(g)(1)(J)(iii) of such 13 Act; 14 ‘‘(iii) providing services to preschool- 15 aged homeless children and homeless sec- 16 ondary school students; 17 ‘‘(iv) providing support services to 18 homeless children and youths in shelters 19 and other locations where they may live; 20 and 21 ‘‘(v) removing barriers to homeless 22 children and youths’ enrollment, attend- 23 ance, retention, and success in school. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 140 •S 1094 IS ‘‘(C) AMOUNT RESERVED.—The amount of 1 funds reserved in accordance with subparagraph 2 (A)(i) shall be determined by an assessment of 3 the needs of homeless children and youths in 4 the local educational agency. Such needs assess- 5 ment shall include the following: 6 ‘‘(i) Information related to child, 7 youth, and family homelessness in the local 8 educational agency obtained through the 9 coordination and collaboration required 10 under subsections (f)(4) and (g)(5) of sec- 11 tion 722 of the McKinney-Vento Homeless 12 Assistance Act. 13 ‘‘(ii) The number of homeless children 14 and youths reported by the local edu- 15 cational agency to the State educational 16 agency under section 722(f)(3) of the 17 McKinney-Vento Homeless Assistance Act 18 for the previous school year.’’; and 19 (B) in paragraph (4), by striking ‘‘eligible 20 under this section and identified for school im- 21 provement, corrective action, and restructuring 22 under section 1116(b)’’ and inserting ‘‘identi- 23 fied as a priority school under section 1116(d)’’. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 141 •S 1094 IS SEC. 1114. SCHOOLWIDE PROGRAMS. 1 Section 1114 (20 U.S.C. 6314) is amended— 2 (1) in subsection (a)— 3 (A) in paragraph (1), by adding at the end 4 the following: ‘‘Funds under this part may be 5 used to support evidence-based activities that 6 address needs identified through the com- 7 prehensive needs assessment under subsection 8 (b)(1)(A) and consistent with the schoolwide 9 program.’’; 10 (B) in paragraph (2)— 11 (i) in subparagraph (A)(ii), by strik- 12 ing ‘‘provide’’ and all that follows through 13 the period and inserting ‘‘identify par- 14 ticular services as supplemental.’’; and 15 (ii) by striking subparagraph (B) and 16 inserting the following: 17 ‘‘(B) SUPPLEMENTAL FUNDS.— 18 ‘‘(i) IN GENERAL.—A local edu- 19 cational agency serving a school partici- 20 pating in a schoolwide program shall use 21 funds available to carry out this section 22 only to supplement the aggregate amount 23 of funds that would, in the absence of 24 funds under this part, be made available 25 from State and local sources for the school, 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 142 •S 1094 IS including funds needed to provide services 1 that are required by law for children with 2 disabilities and children who are English 3 learners. 4 ‘‘(ii) COMPLIANCE.—To demonstrate 5 compliance with clause (i), a local edu- 6 cational agency shall demonstrate that the 7 methodology it uses to allocate State and 8 local funds to each school receiving funds 9 under this part ensures the school receives 10 all of the State and local funds the school 11 would otherwise receive if it were not re- 12 ceiving funds under this part. 13 ‘‘(iii) NONAPPLICABILITY.—Section 14 1120A(b) shall not apply to schools oper- 15 ating schoolwide programs under this sec- 16 tion.’’; 17 (C) in paragraph (3)(B)— 18 (i) by inserting ‘‘or’’ after ‘‘civil 19 rights,’’; and 20 (ii) by striking ‘‘, services to private 21 school children, maintenance of effort, 22 comparability of services, uses of Federal 23 funds to supplement, not supplant non- 24 Federal funds, or the distribution of funds 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 143 •S 1094 IS to State educational agencies or local edu- 1 cational agencies’’; and 2 (D) by striking paragraph (4) and insert- 3 ing the following: 4 ‘‘(4) EXTERNAL PROVIDERS.—A school may 5 carry out a schoolwide program under this sub- 6 section through an external provider if the school 7 demonstrates, in the plan required under subsection 8 (b)(2), that the external provider has expertise in 9 using strategies and programs that are based on sci- 10 entifically valid research to improve teaching, learn- 11 ing, and schools.’’; 12 (2) in subsection (b)— 13 (A) in paragraph (1)— 14 (i) in subparagraph (A)— 15 (I) by striking ‘‘section 1309(2)’’ 16 and inserting ‘‘section 1312’’; and 17 (II) by striking ‘‘section 18 1111(b)(1)’’ and inserting ‘‘section 19 1111(a)(1)’’; and 20 (ii) in subparagraph (B)— 21 (I) in clause (i), by striking ‘‘to 22 meet the State’s proficient and ad- 23 vanced levels of student academic 24 achievement described in section 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 144 •S 1094 IS 1111(b)(1)(D)’’ and inserting ‘‘to be 1 proficient or advanced students, as de- 2 scribed in section 3 1111(a)(3)(B)(ii)(I)’’; 4 (II) in clause (ii), by striking 5 ‘‘scientifically based research’’ and in- 6 serting ‘‘scientifically valid research’’; 7 and 8 (III) in clause (iii)— 9 (aa) in subclause (I)— 10 (AA) in item (aa), by 11 striking ‘‘pupil services’’ and 12 inserting ‘‘specialized in- 13 structional support serv- 14 ices’’; 15 (BB) in item (bb), by 16 striking ‘‘and’’ after the 17 semicolon; 18 (CC) in item (cc), by 19 striking ‘‘vocational and 20 technical education pro- 21 grams; and’’ and inserting 22 ‘‘career and technical edu- 23 cation programs;’’; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 145 •S 1094 IS (DD) by adding at the 1 end the following: 2 ‘‘(dd) implementation of 3 schoolwide positive behavioral 4 interventions and supports, in- 5 cluding through coordination 6 with activities carried out under 7 the Individuals with Disabilities 8 Education Act, in order to im- 9 prove academic outcomes for stu- 10 dents and reduce the need for 11 suspensions, expulsions, and 12 other actions that remove stu- 13 dents from instruction; and 14 ‘‘(ee) implementation of 15 early intervening services, includ- 16 ing through coordination with 17 early intervening services carried 18 out under the Individuals with 19 Disabilities Education Act;’’; and 20 (bb) in subclause (II), by 21 striking ‘‘and’’ after the semi- 22 colon; and 23 (cc) by adding at the end 24 the following: 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 146 •S 1094 IS ‘‘(III) a multi-tier system of sup- 1 ports and positive behavioral interven- 2 tions and supports; and 3 ‘‘(IV) support for programs, ac- 4 tivities, courses, and professional de- 5 velopment in the core academic sub- 6 jects that are targeted toward assist- 7 ing children described in subclause (I) 8 in meeting the academic content and 9 student academic achievement stand- 10 ards described in section 1111(a)(1); 11 and’’; 12 (iii) in subparagraph (C), by inserting 13 ‘‘and highly rated’’ after ‘‘qualified’’; 14 (iv) by striking subparagraphs (D) 15 and (F); 16 (v) by redesignating subparagraphs 17 (E), (G), (H), (I), and (J), as subpara- 18 graphs (D), (E), (F), (G), and (H), respec- 19 tively; 20 (vi) in subparagraph (D), as redesig- 21 nated by clause (v), by inserting ‘‘and 22 highly rated’’ after ‘‘qualified’’; 23 (vii) in subparagraph (E), as redesig- 24 nated by clause (v), by striking ‘‘, Even 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 147 •S 1094 IS Start, Early Reading First,’’ and inserting 1 ‘‘, programs under part A of title IV,’’; 2 (viii) in subparagraph (F), as redesig- 3 nated by clause (v), by striking ‘‘section 4 1111(b)(3)’’ and inserting ‘‘section 5 1111(a)(2)’’; and 6 (ix) in subparagraph (G), as redesig- 7 nated by clause (v), by striking ‘‘proficient 8 or advanced levels of academic achievement 9 standards required by section 1111(b)(1)’’ 10 and inserting ‘‘proficient and advanced lev- 11 els of academic achievement standards de- 12 scribed in section 1111(a)(1)(A)(iv)’’; and 13 (B) in paragraph (2)— 14 (i) in subparagraph (A)— 15 (I) in the matter preceding clause 16 (i), by striking ‘‘No Child Left Behind 17 Act of 2001), in consultation with the 18 local educational agency and its school 19 support team or other technical assist- 20 ance provider under section 1117,’’ 21 and inserting ‘‘Strengthening Amer- 22 ica’s Schools Act of 2013), in con- 23 sultation with the local educational 24 agency,’’; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 148 •S 1094 IS (II) in clause (iv), by striking 1 ‘‘section 1111(b)(3)’’ and inserting 2 ‘‘section 1111(a)(2)’’; and 3 (ii) in subparagraph (B)— 4 (I) in clause (i)— 5 (aa) in subclause (I), by 6 striking ‘‘, after considering the 7 recommendation of the technical 8 assistance providers under sec- 9 tion 1117,’’; and 10 (bb) in subclause (II), by 11 striking ‘‘the No Child Left Be- 12 hind Act of 2001’’ and inserting 13 ‘‘the Strengthening America’s 14 Schools Act of 2013’’; 15 (II) in clause (ii), by striking 16 ‘‘pupil services personnel’’ and insert- 17 ing ‘‘specialized instructional support 18 personnel’’; and 19 (III) in clause (v), by striking 20 ‘‘Reading First, Early Reading First, 21 Even Start,’’ and inserting ‘‘part A of 22 title IV,’’; and 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 149 •S 1094 IS (3) in subsection (c), by striking ‘‘Even Start 1 programs or Early Reading First programs’’ and in- 2 serting ‘‘programs under part A of title IV’’. 3 SEC. 1115. TARGETED ASSISTANCE SCHOOLS. 4 Section 1115 (20 U.S.C. 6315) is amended— 5 (1) in subsection (b)— 6 (A) in paragraph (1)(B)— 7 (i) by striking ‘‘challenging’’ and in- 8 serting ‘‘college and career ready’’; and 9 (ii) by striking ‘‘except that’’ and all 10 that follows through the period at the end 11 and inserting ‘‘including children who are 12 at risk of failing to be ready for elemen- 13 tary school.’’; and 14 (B) in paragraph (2)— 15 (i) in subparagraph (A), by striking 16 ‘‘or limited English proficient children’’ 17 and inserting ‘‘, or English learners’’; and 18 (ii) by striking subparagraph (B) and 19 inserting the following: 20 ‘‘(B) HEAD START OR LITERACY PRO- 21 GRAMS.—A child who, at any time in the 2 22 years preceding the year for which the deter- 23 mination is made, participated in a Head Start 24 program, a program under part A of title IV, 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 150 •S 1094 IS or in preschool services under this title, is eligi- 1 ble for services under this part.’’; 2 (2) in subsection (c)— 3 (A) in paragraph (1)— 4 (i) in the matter preceding subpara- 5 graph (A), by striking ‘‘challenging’’ and 6 inserting ‘‘college and career ready’’; 7 (ii) in subparagraph (A), by striking 8 ‘‘challenging’’ and inserting ‘‘college and 9 career ready’’; 10 (iii) in subparagraph (C)— 11 (I) in the matter preceding clause 12 (i), by striking ‘‘scientifically based 13 research’’ and inserting ‘‘scientifically 14 valid research’’; 15 (II) in clause (ii), by striking 16 ‘‘and’’ after the semicolon; and 17 (III) by adding at the end the 18 following: 19 ‘‘(iv) may include a multi-tier system 20 of supports and positive behavioral sup- 21 ports; and 22 ‘‘(v) may include support for pro- 23 grams, activities, courses, and professional 24 development in the core academic subjects 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 151 •S 1094 IS that are targeted toward children described 1 in subclause (I) to enable such children to 2 meet the academic content and student 3 academic achievement standards described 4 in section 1111;’’; 5 (iv) in subparagraph (D), by striking 6 ‘‘Even Start, Early Reading First’’ and in- 7 serting ‘‘programs under part A of title 8 IV,’’; 9 (v) in subparagraph (E), by inserting 10 ‘‘and highly rated’’ after ‘‘qualified’’; and 11 (vi) in subparagraph (F)— 12 (I) by striking ‘‘subsection (e)(3) 13 and’’; and 14 (II) by striking ‘‘pupil services 15 personnel’’ and inserting ‘‘specialized 16 instructional support personnel’’; and 17 (B) in paragraph (2)— 18 (i) in the matter preceding subpara- 19 graph (A), by striking ‘‘proficient and ad- 20 vanced’’ and inserting ‘‘on-track and ad- 21 vanced’’; and 22 (ii) in subparagraph (B), by striking 23 ‘‘challenging’’ and inserting ‘‘college and 24 career ready’’; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 152 •S 1094 IS (3) in subsection (e)(2)(B)(iii), by striking 1 ‘‘pupil services personnel’’ and inserting ‘‘specialized 2 instructional support personnel’’. 3 SEC. 1116. SCHOOL PERFORMANCE. 4 Section 1116 (20 U.S.C. 6316) is amended to read 5 as follows: 6 ‘‘SEC. 1116. SCHOOL PERFORMANCE. 7 ‘‘(a) SCHOOL ACCOUNTABILITY AND IMPROVEMENT 8 SYSTEM.— 9 ‘‘(1) IN GENERAL.—Each State receiving a 10 grant under this part shall establish a school ac- 11 countability and improvement system that— 12 ‘‘(A) is part of the accountability system 13 required under section 1111(a)(3) and imple- 14 ments the requirements of such system; 15 ‘‘(B) supports schools that are not meeting 16 the State’s performance targets under section 17 1111(a)(3)(C) for all students; and 18 ‘‘(C) identifies the public elementary 19 schools and secondary schools in the State that 20 will need local interventions under subsection 21 (b), that are focus schools under subsection (c), 22 and that are priority schools under subsection 23 (d), and the processes to be used to improve 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 153 •S 1094 IS schools in each category, in accordance with 1 this section and section 2123(b). 2 ‘‘(2) REVIEW AND APPROVAL.—The State shall 3 include information describing the school account- 4 ability and improvement system in the State plan 5 under section 1111(b), which shall be subject to peer 6 review and approval by the Secretary as part of the 7 State plan, in accordance with such section. 8 ‘‘(b) LOCAL INTERVENTIONS; REPORTING.— 9 ‘‘(1) LOCAL INTERVENTIONS.—Beginning in 10 the 2015–2016 school year, each local educational 11 agency receiving a subgrant under this part shall— 12 ‘‘(A) identify each school that, after 2 con- 13 secutive years, has not met the same perform- 14 ance target described in section 1111(a)(3)(C) 15 for the same subgroup described in section 16 1111(a)(3)(D); and 17 ‘‘(B) ensure that such school, in collabora- 18 tion with the local educational agency, develops 19 and implements a locally designed intervention 20 to improve student achievement in each such 21 subgroup. 22 ‘‘(2) REPORTING.—Each local educational 23 agency that implements locally designed interven- 24 tions under paragraph (1) to support schools that 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 154 •S 1094 IS have not met performance targets for a subgroup 1 will report to the State educational agency regarding 2 the resources and interventions used to address the 3 achievement of students in the subgroup, and the 4 outcomes of those efforts. The State educational 5 agency shall annually select the interventions with 6 exemplary outcomes, share such interventions and 7 outcomes with the public, and communicate such 8 interventions and outcomes to the Secretary. 9 ‘‘(3) LACK OF IMPROVEMENT.—Each school 10 served under this part that has been identified as a 11 school that has not met the same subgroup perform- 12 ance target, as described in paragraph (1), for the 13 preceding 3 consecutive years shall work with the 14 State educational agency to implement a State-ap- 15 proved intervention based on established best prac- 16 tices within State. 17 ‘‘(c) FOCUS SCHOOLS.— 18 ‘‘(1) IDENTIFICATION.—Beginning in the 19 2015–2016 school year, a State shall identify as a 20 focus school, for the 3-year period following the 21 school’s identification period (except as provided in 22 paragraph (2))— 23 ‘‘(A) each public school in the State that— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 155 •S 1094 IS ‘‘(i) is not identified as a priority 1 school under subsection (d); and 2 ‘‘(ii) is in the 10 percent of such 3 schools with the greatest achievement gaps 4 among the subgroups described in section 5 1111(a)(3)(D) as compared to the state- 6 wide average, as determined by the State 7 academic assessments under section 8 1111(a)(2); and 9 ‘‘(B) each public high school in the State 10 that— 11 ‘‘(i) is not identified as a priority 12 school under subsection (d); and 13 ‘‘(ii) is in the 10 percent of such 14 schools with the greatest graduation rate 15 gaps among such subgroups as compared 16 to the statewide averages. 17 ‘‘(2) IMPROVEMENT STRATEGIES.—For each 18 focus school identified under paragraph (1), the local 19 educational agency serving the school shall, in ac- 20 cordance with the State accountability system de- 21 scribed in section 1111(a)(3), develop and imple- 22 ment a measurable and data-driven correction plan 23 to improve the performance of low-achieving sub- 24 groups in the school in order to close achievement 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 156 •S 1094 IS gaps. A correction plan under this paragraph shall 1 be developed with input from teachers, parents, com- 2 munity members, and other stakeholders. 3 ‘‘(3) STATE WAIVER.—If a State determines 4 that all schools that would otherwise be considered 5 to be the lowest-achieving 10 percent of schools with 6 the greatest achievement gap, or graduation rate 7 gap, under paragraph (1), are actually performing at 8 a satisfactory level of performance, the State may 9 apply to the Secretary to waive the requirements of 10 this subsection with respect to such schools. 11 ‘‘(4) IMPROVEMENT.—The State educational 12 agency shall no longer identify a school that has 13 been identified as a focus school for any remainder 14 of the school’s 3-year identification period if— 15 ‘‘(A) at any time during the 3-year period 16 for which a school is so identified, the school 17 has met all of its performance targets as de- 18 scribed in section 1111(a)(3)(C) for the school 19 year; or 20 ‘‘(B) after 2 years of the 3-year period, the 21 State determines, based on the most current 22 data, that the school’s rate of improvement is 23 sufficient to enable the school to meet all of the 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 157 •S 1094 IS school’s performance targets by the end of the 1 3-year period. 2 ‘‘(d) PRIORITY SCHOOLS.— 3 ‘‘(1) IDENTIFICATION.— 4 ‘‘(A) IN GENERAL.—Beginning in the 5 2015–2016 school year, a State shall identify as 6 a priority school, for the 3-year period following 7 the school’s identification (except as provided in 8 paragraph (5))— 9 ‘‘(i) each school served under this part 10 in the State that is in the lowest-achieving 11 5 percent of elementary schools; 12 ‘‘(ii) each school served under this 13 part in the State that is in the lowest- 14 achieving 5 percent of secondary schools; 15 ‘‘(iii) each public high school in the 16 State with a graduation rate of less than 17 60 percent; and 18 ‘‘(iv) each school served under this 19 part that has been identified as a focus 20 school under subsection (c) for the 6 pre- 21 ceding consecutive years. 22 ‘‘(B) STATE WAIVER.—If a State deter- 23 mines that all schools that would otherwise be 24 considered to be the lowest-achieving 5 percent 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 158 •S 1094 IS of schools under clause (i), are actually per- 1 forming at a satisfactory level of performance 2 based on the measures used by the State to 3 identify priority schools, the State may apply to 4 the Secretary to waive the requirements of this 5 subparagraph, and paragraphs (2) through (5), 6 for such schools. 7 ‘‘(2) NEEDS ANALYSIS.—Each local educational 8 agency receiving assistance under this part shall 9 conduct a data-driven needs analysis, which may in- 10 volve an external partner with expertise in con- 11 ducting such needs analysis, of each school identified 12 as a priority school, as the case may be, to deter- 13 mine the most appropriate school improvement 14 strategies to improve student performance. Such 15 needs analysis shall include— 16 ‘‘(A) a diagnostic review of data related to 17 students and instructional staff; 18 ‘‘(B) an analysis of the school governance, 19 curriculum, instruction, student supports, con- 20 ditions for learning, and parent and family en- 21 gagement practices relative to the needs of the 22 student population; and 23 ‘‘(C) the resources, which may include 24 community-based supports and early childhood 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 159 •S 1094 IS education, available at the school, local edu- 1 cational agency, and community levels to meet 2 student needs and support improved student 3 achievement and outcomes and the implementa- 4 tion of any school improvement strategy. 5 ‘‘(3) STATE AND LOCAL RESPONSIBILITIES FOR 6 IDENTIFIED SCHOOLS.— 7 ‘‘(A) STATE RESPONSIBILITIES.—Each 8 State receiving a grant under this part shall en- 9 sure that a local educational agency receiving 10 assistance under this part carries out the re- 11 quirements of subparagraph (B) for each school 12 identified as a priority school under paragraph 13 (1) in the State. 14 ‘‘(B) LOCAL EDUCATIONAL AGENCY RE- 15 SPONSIBILITIES.—Each local educational agen- 16 cy receiving assistance under this part shall, 17 consistent with the State’s accountability sys- 18 tem under section 1111(a)(3)— 19 ‘‘(i) establish a process for selecting 20 an appropriate school improvement strat- 21 egy for each school described in subpara- 22 graph (A) that is served by the local edu- 23 cational agency; 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 160 •S 1094 IS ‘‘(ii) select the school improvement 1 strategy to be used in each such school and 2 the timeline for implementing the selected 3 school improvement strategy in such 4 school; 5 ‘‘(iii) develop a detailed budget cov- 6 ering the 3-year identification period, in- 7 cluding planned expenditures at the school 8 level for activities supporting full and ef- 9 fective implementation of the selected 10 school improvement strategy; 11 ‘‘(iv) implement a school improvement 12 strategy at the school in accordance with 13 the requirements of paragraph (4); 14 ‘‘(v) use appropriate measures to 15 monitor the effectiveness of the implemen- 16 tation; 17 ‘‘(vi) review and select turnaround 18 partners to assist in implementing school 19 improvement strategies; 20 ‘‘(vii) align other Federal, State, and 21 local resources with the school improve- 22 ment strategy; 23 ‘‘(viii) provide the school with the 24 operational flexibility, including autonomy 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 161 •S 1094 IS over staffing, time, and budget, needed to 1 enable full and effective implementation of 2 the selected strategy, including through the 3 modification of practices or policies, if nec- 4 essary; 5 ‘‘(ix) collect and use data on an ongo- 6 ing basis to adjust implementation of the 7 school improvement strategy to improve 8 student achievement; 9 ‘‘(x) provide an assurance that the im- 10 plementation of the selected school im- 11 provement strategy addresses the needs of 12 all the subgroups of students described in 13 section 1111(a)(3)(D) in the school; 14 ‘‘(xi) take steps to sustain successful 15 reforms and practices after the school is no 16 longer identified as a priority school; 17 ‘‘(xii) provide technical assistance and 18 other support to ensure students graduate 19 from high school college- and career-ready, 20 as determined by the State’s academic con- 21 tent standards under section 1111(a)(1), 22 through the effective implementation of the 23 school improvement strategy in the school, 24 which— 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 162 •S 1094 IS ‘‘(I) may include assistance in— 1 ‘‘(aa) data collection and 2 analysis; 3 ‘‘(bb) recruiting and retain- 4 ing staff; 5 ‘‘(cc) teacher and principal 6 evaluation; 7 ‘‘(dd) professional develop- 8 ment; 9 ‘‘(ee) parent and family en- 10 gagement; 11 ‘‘(ff) coordination of services 12 with high-quality early childhood 13 education providers; 14 ‘‘(gg) coordination of serv- 15 ices to address students’ social, 16 emotional, and health needs; and 17 ‘‘(hh) monitoring the imple- 18 mentation of the school improve- 19 ment strategy selected under 20 paragraph (4); and 21 ‘‘(II) shall include assistance in 22 the implementation of schoolwide posi- 23 tive behavior supports, school-based 24 mental health programs, and other 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 163 •S 1094 IS approaches with evidence of effective- 1 ness, for improving the learning envi- 2 ronment in the school and reducing 3 the need for suspensions, expulsions, 4 and other actions that remove stu- 5 dents from instruction, including ef- 6 fective strategies for improving coordi- 7 nation of community resources; 8 ‘‘(xiii) establish partnerships with em- 9 ployers, institutions of higher education, 10 service providers, and others to assist in 11 implementing school improvement strate- 12 gies described in paragraph (4); and 13 ‘‘(xiv) review school discipline and cli- 14 mate data, disaggregated by each subgroup 15 described in section 1111(a)(3)(D), in as- 16 sessing the needs of the school and, if low- 17 achieving subgroups receive a dispropor- 18 tionate amount of suspensions, expulsions, 19 or other forms of exclusionary discipline, 20 incorporate evidence-based strategies to re- 21 duce out-of-classroom punishment and pro- 22 mote student engagement in the school’s 23 improvement plan. 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 164 •S 1094 IS ‘‘(C) STATE AS LOCAL EDUCATIONAL 1 AGENCY.—If a school identified as a priority 2 school under this subsection for a 3-year identi- 3 fication period is re-identified as a priority 4 school for the subsequent 3-year period, the 5 State may take over the school and act as the 6 local educational agency for purposes of this 7 subsection, if permitted under State law. 8 ‘‘(4) SCHOOL IMPROVEMENT STRATEGIES.— 9 ‘‘(A) REQUIRED ACTIVITIES FOR ALL 10 SCHOOL IMPROVEMENT STRATEGIES.—A local 11 educational agency implementing any strategies 12 under this paragraph for a school shall— 13 ‘‘(i) provide staff at the school with 14 ongoing professional development, con- 15 sistent with the needs analysis described in 16 paragraph (2); 17 ‘‘(ii) conduct regular evaluations for 18 the teachers and principals at the school 19 that provide specific feedback on areas of 20 strength and in need of improvement; 21 ‘‘(iii) provide time for collaboration 22 among instructional staff at the school to 23 improve student achievement; 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 165 •S 1094 IS ‘‘(iv) provide instructional staff at the 1 school with timely access to student data 2 to inform instruction and meet the aca- 3 demic needs of individual students, which 4 may include, in elementary school, school 5 readiness data; 6 ‘‘(v) collaborate with parents and fam- 7 ilies, the community, teachers, other school 8 personnel at the school, and representa- 9 tives of Indian tribes located in the area 10 served by the local educational agency, on 11 the selection and implementation of the 12 strategy; 13 ‘‘(vi) use data to identify and imple- 14 ment a research-based instructional pro- 15 gram that— 16 ‘‘(I) analyzes student progress 17 and performance and develops appro- 18 priate interventions for students who 19 are not making adequate progress; 20 and 21 ‘‘(II) provides differentiated in- 22 struction and related instructional 23 supports; 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 166 •S 1094 IS ‘‘(III) meets the unique cultural, 1 language, and educational needs of all 2 students served by such school; 3 ‘‘(vii) in the case of an elementary 4 school with kindergarten entry— 5 ‘‘(I) examine factors that con- 6 tribute to school readiness as part of 7 the needs analysis conducted under 8 paragraph (2); 9 ‘‘(II) coordinate with appropriate 10 high-quality early childhood programs, 11 such as programs under the Child 12 Care Development and Block Grant 13 Act of 1990, the Head Start Act, pre- 14 kindergarten programs, and other 15 similar Federal, State, and local pro- 16 grams, in order to align instruction to 17 better prepare students for elementary 18 school; and 19 ‘‘(III) develop a plan to improve 20 or expand high-quality early childhood 21 options which may include the use of 22 funds under this part for such pur- 23 poses; 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 167 •S 1094 IS ‘‘(viii) provide ongoing mechanisms 1 for parent and family engagement; 2 ‘‘(ix) provide appropriate services and 3 evidence-based, integrated supports for 4 students as identified in the school’s needs 5 analysis; 6 ‘‘(x) describe, in a report to the State 7 educational agency and made available to 8 the public upon request, how the local edu- 9 cational agency or school will adopt and 10 implement policies or practices to develop, 11 implement, improve, or expand positive be- 12 havioral interventions and supports, early 13 intervening services, and school-based men- 14 tal health programs in accordance with the 15 requirements of clauses (xi) through (xiv); 16 ‘‘(xi)(I) review and analyze the 17 school’s efforts to address behavioral or 18 disciplinary problems; and 19 ‘‘(II) assist the school in developing, 20 expanding, or improving the use of 21 schoolwide positive behavioral interventions 22 and supports that are aligned with activi- 23 ties carried out under the Individuals with 24 Disabilities Education Act; and 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 168 •S 1094 IS ‘‘(xii) review and analyze the school’s 1 efforts to identify and assist students with 2 poor academic achievement and students 3 who are children with disabilities, and as- 4 sist the school in developing, implementing, 5 or improving early intervening services 6 that are coordinated with activities carried 7 out under the Individuals with Disabilities 8 Education Act; 9 ‘‘(xiii) review the number of discipline 10 incidents in the school and use that infor- 11 mation to assist the school to implement 12 schoolwide positive behavioral interventions 13 and supports or other early intervening 14 services, or both; and 15 ‘‘(xiv) review and analyze the school’s 16 efforts to address mental health needs 17 among students and assist the school in 18 developing or improving school-based men- 19 tal health programs that are coordinated 20 with activities carried out under the Indi- 21 viduals with Disabilities Education Act. 22 ‘‘(B) STRATEGIES.—A local educational 23 agency shall identify a school improvement 24 strategy for a school identified as a priority 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 169 •S 1094 IS school under paragraph (1) from among the fol- 1 lowing strategies: 2 ‘‘(i) TRANSFORMATION STRATEGY.—A 3 local educational agency implementing a 4 transformation strategy in a school shall— 5 ‘‘(I) replace the principal, if the 6 principal has served in that role at the 7 school for more than 2 years, with a 8 principal who has a demonstrated 9 record of success in increasing student 10 achievement and— 11 ‘‘(aa) training or experience 12 in raising student achievement; 13 or 14 ‘‘(bb) training or experience 15 in turning around low-performing 16 schools; 17 ‘‘(II) require existing instruc- 18 tional staff and school leadership to 19 reapply for their positions; and 20 ‘‘(III) require that all instruc- 21 tional staff and school leadership hir- 22 ing be done at the school through mu- 23 tual consent. 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 170 •S 1094 IS ‘‘(ii) TURNAROUND STRATEGY.—A 1 local educational agency implementing a 2 turnaround model as a strategy for a 3 school shall— 4 ‘‘(I) replace the principal, if the 5 principal has served in that role at the 6 school for more than 2 years, with a 7 principal who has the demonstrated 8 record of success, training, or experi- 9 ence described in clause (i)(I); and 10 ‘‘(II) screen all teachers in the 11 school and retain not more than 65 12 percent of them. 13 ‘‘(iii) WHOLE SCHOOL REFORM 14 STRATEGY.—A local educational agency 15 implementing a whole school reform strat- 16 egy for a school shall implement an evi- 17 dence-based strategy that ensures whole 18 school reform. The strategy shall be under- 19 taken in partnership with an external pro- 20 vider offering a school reform program 21 that is based on at least a moderate level 22 of evidence that the program will have a 23 statistically significant effect on student 24 outcomes, including more than 1 well-de- 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 171 •S 1094 IS signed or well-implemented experimental or 1 quasi-experimental study. 2 ‘‘(iv) RESTART STRATEGY.—A local 3 educational agency implementing a restart 4 strategy in a school shall carry out the fol- 5 lowing: 6 ‘‘(I)(aa) Convert the school into a 7 public charter school, or close and re- 8 open the school as a public charter 9 school in partnership with a nonprofit 10 charter school operator, a nonprofit 11 charter management organization, or 12 a nonprofit education management or- 13 ganization, that has a demonstrated 14 record of improving student achieve- 15 ment for students similar to those 16 served by the school; or 17 ‘‘(bb) convert the school to a 18 magnet school or create a new, inno- 19 vative school, as defined by the State. 20 ‘‘(II) Ensure that the new 21 school— 22 ‘‘(aa) serves the grade levels 23 as the original school for which 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 172 •S 1094 IS the strategy is being imple- 1 mented; and 2 ‘‘(bb) enrolls any former 3 student of the original school who 4 requests to attend the school and 5 then, after all such students are 6 enrolled, admits additional stu- 7 dents, using a random lottery 8 system if more students apply for 9 admission than can be accommo- 10 dated. 11 ‘‘(v) SCHOOL CLOSURE STRATEGY.—A 12 local educational agency implementing a 13 school closure strategy for a school— 14 ‘‘(I) shall close the school and en- 15 roll the students who attended the 16 school in other schools, including 17 charter schools, served by the local 18 educational agency that are within 19 reasonable proximity to the closed 20 school, as determined by the local 21 educational agency, and that are high- 22 er-performing than the school that is 23 being closed; 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 173 •S 1094 IS ‘‘(II) shall provide transpor- 1 tation, or shall pay for the provision 2 of transportation, for each such stu- 3 dent to the student’s new school, con- 4 sistent with State law and local edu- 5 cational agency policy; 6 ‘‘(III) shall provide information 7 about high-quality educational op- 8 tions, as well as transition and sup- 9 port services to students, who at- 10 tended the closed school and the stu- 11 dents’ parents; and 12 ‘‘(IV) may use school improve- 13 ment funds provided under subsection 14 (f) to pay for the expenses of— 15 ‘‘(aa) transitioning students 16 from the school that is being 17 closed to the new school; 18 ‘‘(bb) supporting the new 19 school; and 20 ‘‘(cc) expanding and offering 21 student supports and services 22 within the new school, which may 23 include high-quality prekinder- 24 garten programs and services. 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 174 •S 1094 IS ‘‘(C) FLEXIBILITY.— 1 ‘‘(i) FLEXIBILITY FOR CERTAIN 2 LOCAL EDUCATIONAL AGENCIES.—Not- 3 withstanding any other provision of this 4 paragraph— 5 ‘‘(I) a local educational agency 6 that is eligible for services under sub- 7 part 1 or 2 of part B of title VI, as 8 determined by the Secretary, may 9 modify not more than 1 of the ele- 10 ments or activities required under 11 subparagraph (A) of a school improve- 12 ment strategy selected for a school 13 identified under paragraph (4) in 14 order to better meet the needs of stu- 15 dents in such school; and 16 ‘‘(II) a State educational agency 17 may apply to the Secretary for a waiv- 18 er of clauses (i)(I) and (ii)(I) of sub- 19 paragraph (B). 20 ‘‘(ii) STATE FLEXIBILITY.—Notwith- 21 standing any other provision of this para- 22 graph, a State educational agency may, 23 with the approval of the Secretary, estab- 24 lish an alternative State-determined, evi- 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 175 •S 1094 IS dence-based, school improvement strategy 1 that may be used by local educational 2 agencies in the State in addition to the 3 strategies described in subparagraph (B), 4 except that funds provided under this title 5 shall not be used for school vouchers. 6 ‘‘(D) PUBLIC SCHOOL CHOICE.— 7 ‘‘(i) IN GENERAL.—In addition to the 8 requirements of subparagraph (A) and the 9 school improvement strategy determined 10 under subparagraph (B) or (C)(ii), a local 11 educational agency shall, not later than 3 12 months before the first day of the school 13 year following identification as a priority 14 school under paragraph (1), provide all 15 students enrolled in the identified school 16 with the option to transfer to another pub- 17 lic school served by the local educational 18 agency that has not been identified under 19 such paragraph, unless such an option is 20 prohibited by State law. 21 ‘‘(ii) PRIORITY.—In providing stu- 22 dents the option to transfer to another 23 public school, the local educational agency 24 shall give priority to the lowest-achieving 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 176 •S 1094 IS children from low-income families, as de- 1 termined by the local educational agency 2 for the purposes of allocating funds to 3 schools under section 1113(a)(3). 4 ‘‘(iii) TREATMENT.—Students who 5 use the option to transfer to another public 6 school shall be enrolled in classes and 7 other activities in the public school to 8 which the students transfer in the same 9 manner as all other children at the public 10 school. 11 ‘‘(iv) SPECIAL RULE.—A local edu- 12 cational agency shall permit a child who 13 transfers to another public school under 14 this subparagraph to remain in that school 15 until the child has completed the highest 16 grade in such school. 17 ‘‘(5) IMPROVEMENT.— 18 ‘‘(A) IN GENERAL.—The State educational 19 agency shall no longer identify a school that has 20 been identified as a priority school for any re- 21 mainder of the school’s 3-year identification pe- 22 riod if— 23 ‘‘(i) after 2 years of the 3-year period 24 for which a school is identified as a pri- 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 177 •S 1094 IS ority school under paragraph (1), the 1 school has met all of the school’s perform- 2 ance targets as described in section 3 1111(a)(3)(A); or 4 ‘‘(ii) after 2 years of the 3-year pe- 5 riod, the State determines, based on the 6 most current data, that the school’s rate of 7 improvement is sufficient to enable the 8 school to meet all of the school’s perform- 9 ance targets by the end of the 3-year pe- 10 riod. 11 ‘‘(B) CONTINUED ELIGIBILITY FOR 12 SCHOOL IMPROVEMENT FUNDS.—If an eligible 13 entity, as defined in subsection (f )(1), was re- 14 ceiving school improvement funds under sub- 15 section (f) for a school that improves as de- 16 scribed in subparagraph (A), the eligible entity 17 shall continue to receive such grant funds, and 18 use such funds to carry out the grant activities 19 in such school, for the full period of such grant. 20 ‘‘(6) REPEATED CLASSIFICATION AS A PRIORITY 21 SCHOOL.— 22 ‘‘(A) IN GENERAL.—For each public school 23 that is identified as a priority school under 24 paragraph (1) for any portion of a 3-year pe- 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 178 •S 1094 IS riod and is re-identified under such paragraph 1 for the subsequent time period, the local edu- 2 cational agency shall carry out the requirements 3 of this subsection for such subsequent period by 4 implementing, with respect to such school, the 5 restart strategy or school closure strategy under 6 clause (iv) or (v) of paragraph (4)(B). 7 ‘‘(B) SPECIAL RULE.—Notwithstanding 8 subparagraph (A), a local educational agency 9 serving a school described in such paragraph, 10 may, in coordination with the State educational 11 agency and based on a community needs assess- 12 ment, apply to the Secretary for a waiver to im- 13 plement another school improvement model not 14 previously used by the local educational agency 15 for the school. 16 ‘‘(e) REPORT ON PROFESSIONAL DEVELOPMENT 17 FUNDS FOR PRIORITY SCHOOLS.—Each local educational 18 agency that receives subgrant funds under this part shall 19 prepare and submit a report to the State educational 20 agency, at the end of each school year, regarding— 21 ‘‘(1) the local educational agency’s use of funds 22 for professional development, as required under sec- 23 tion 2123(b), in schools identified as priority schools 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 179 •S 1094 IS under subsection (d) that did not receive funds 1 under subsection (f); and 2 ‘‘(2) any changes in, or effects on, student per- 3 formance at such schools during such school year. 4 ‘‘(f) SCHOOL IMPROVEMENT FUNDS.— 5 ‘‘(1) DEFINITIONS.—In this subsection: 6 ‘‘(A) ELIGIBLE ENTITY.—the term ‘eligible 7 entity’ means— 8 ‘‘(i) a State educational agency; 9 ‘‘(ii) a local educational agency that 10 receives funds under this part and serves 11 at least 1 eligible school; 12 ‘‘(iii) a consortium of such local edu- 13 cational agencies; or 14 ‘‘(iv) an educational service agency 15 that serves at least 1 local educational 16 agency described in clause (ii). 17 ‘‘(B) ELIGIBLE SCHOOL.—The term ‘eligi- 18 ble school’ means a school identified as a pri- 19 ority school under subsection (d). 20 ‘‘(2) ALLOTMENTS TO STATES.— 21 ‘‘(A) IN GENERAL.—From the funds made 22 available to carry out this subsection under sec- 23 tion 3(a)(2) for a fiscal year, the Secretary 24 shall provide States that submit an application 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 180 •S 1094 IS described in paragraph (3) with school improve- 1 ment funds through an allotment, as deter- 2 mined under subparagraph (B) and in addition 3 to the amounts made available to States under 4 subpart 2, to enable the States to award sub- 5 grants and carry out the activities described in 6 this subsection to assist eligible schools. 7 ‘‘(B) ALLOTMENTS TO STATES.—From the 8 funds made available to carry out this sub- 9 section under section 3(a)(2) for a fiscal year, 10 the Secretary shall allot to each State with an 11 approved application an amount that bears the 12 same relation to such funds as the amount that 13 the State received under subpart 2 for the pre- 14 ceding fiscal year bears to the amount that all 15 States receive under such subpart for such fis- 16 cal year. 17 ‘‘(3) STATE APPLICATION.—A State that de- 18 sires to receive school improvement funds under this 19 subsection shall submit an application to the Sec- 20 retary at such time, in such manner, and accom- 21 panied by such information as the Secretary may re- 22 quire. Each application shall include a description 23 of— 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 181 •S 1094 IS ‘‘(A) the process and the criteria that the 1 State will use to award subgrants under para- 2 graph (5)(A)(i); 3 ‘‘(B) the process and the criteria the State 4 will use to determine whether the eligible enti- 5 ty’s proposal for each eligible school meets the 6 requirements of paragraphs (2) and (4), and 7 subparagraphs (A) and (B) of paragraph (3), of 8 subsection (d); 9 ‘‘(C) how the State will ensure geographic 10 diversity in making subgrants; 11 ‘‘(D) how the State will set priorities in 12 awarding subgrants to eligible entities; 13 ‘‘(E) how the State will monitor and evalu- 14 ate the implementation of school improvement 15 strategies by eligible entities, including how the 16 State will use the results of the evaluation to 17 improve State strategies for supporting schools 18 identified under subsection (d); and 19 ‘‘(F) how the State will reduce barriers for 20 schools in the implementation of school im- 21 provement strategies, including operational 22 flexibility that would enable complete implemen- 23 tation of the selected school improvement strat- 24 egy. 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 182 •S 1094 IS ‘‘(4) STATE ADMINISTRATION AND TECHNICAL 1 ASSISTANCE.—A State that receives an allotment 2 under this subsection may reserve not more than a 3 total of 5 percent of such allotment for the adminis- 4 tration of this subsection, which may include activi- 5 ties aimed at building State capacity to support the 6 local educational agency and school improvement, 7 such as providing technical assistance and other sup- 8 port (including regular site visits to monitor imple- 9 mentation of selected school improvement strategies 10 to eligible entities serving eligible schools), either di- 11 rectly or through educational service agencies or 12 other public or private organizations. 13 ‘‘(5) SCHOOL IMPROVEMENT ACTIVITIES.— 14 ‘‘(A) IN GENERAL.—A State that receives 15 school improvement funds under this subsection 16 shall use not less than 95 percent of such allot- 17 ment to carry out school improvement activities 18 for eligible schools by— 19 ‘‘(i) awarding subgrants, on a com- 20 petitive basis, to eligible entities to enable 21 the eligible entities to carry out the activi- 22 ties described in subparagraph (C) for eli- 23 gible schools; or 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 183 •S 1094 IS ‘‘(ii) if the State chooses and the local 1 educational agency serving an eligible 2 school agrees, directly providing the activi- 3 ties described in subparagraph (C)(ii) to 4 the eligible school and the local educational 5 agency, or arranging for other entities, 6 such as school support teams or edu- 7 cational service agencies, to provide such 8 activities to the school. 9 ‘‘(B) SUBGRANTS.— 10 ‘‘(i) APPLICATIONS.—An eligible enti- 11 ty that desires a subgrant under this para- 12 graph shall submit an application to the 13 State at such time, in such manner, and 14 including such information as the State 15 shall require. The application shall include 16 a description of how the eligible entity will 17 carry out the requirements of paragraphs 18 (2) and (4), and subparagraphs (A) and 19 (B) of paragraph (3), of subsection (d) for 20 each eligible school to be served by the 21 grant. 22 ‘‘(ii) DEMONSTRATION OF ADDI- 23 TIONAL RESPONSIBILITIES.—Each eligible 24 entity that desires a subgrant under this 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 184 •S 1094 IS paragraph shall demonstrate in its applica- 1 tion that the eligible entity has— 2 ‘‘(I) adopted human resource 3 policies that prioritize the recruit- 4 ment, retention, and placement of ef- 5 fective staff in eligible schools; 6 ‘‘(II) ensured that eligible schools 7 have access to resources to implement 8 the school improvement strategies de- 9 scribed in subsection (d)(4), such as 10 facilities, professional development, 11 and technology; 12 ‘‘(III) identified opportunities to 13 reduce duplication, increase efficiency, 14 and assist eligible schools in com- 15 plying with reporting requirements of 16 State and Federal programs; 17 ‘‘(IV) developed an early warning 18 indicator system that monitors school- 19 level data, and alerts the eligible 20 school when a student indicates 21 slowed progress toward high school 22 graduation, so that the school can 23 provide appropriate student interven- 24 tions; and 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 185 •S 1094 IS ‘‘(V) facilitated alignment and 1 coordination between high-quality 2 early childhood education programs 3 and services serving students who will 4 attend eligible schools that are ele- 5 mentary schools, and teachers and 6 principals of such eligible schools. 7 ‘‘(iii) SUBGRANT SIZE.—A State shall 8 award subgrants under this paragraph of 9 sufficient size to enable subgrant recipients 10 to fully and effectively implement the se- 11 lected school improvement strategies. 12 ‘‘(iv) SUBGRANT PERIOD.—Each 13 subgrant awarded under this paragraph 14 shall be for a 5-year period. 15 ‘‘(v) WITHHOLDING FINAL FUND- 16 ING.—In order for a State to award 17 subgrant funds to an eligible entity for the 18 final 2 years of the subgrant cycle, the eli- 19 gible entity shall demonstrate that the 20 schools receiving funds under this para- 21 graph have made significant progress on 22 the leading indicators. 23 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 186 •S 1094 IS ‘‘(C) USE OF SUBGRANT FUNDS.—An eligi- 1 ble entity that receives a subgrant under this 2 paragraph shall use the subgrant funds to— 3 ‘‘(i) carry out the requirements of 4 subparagraphs (A) and (B) of paragraph 5 (3), and paragraphs (2) and (4), of sub- 6 section (d) in an eligible school that has 7 been identified under such subsection as of 8 the date of the grant award, which may in- 9 clude a maximum 1-year planning period; 10 and 11 ‘‘(ii) carry out activities at the local 12 educational agency level that directly sup- 13 port such implementation, such as— 14 ‘‘(I) assistance in data collection 15 and analysis; 16 ‘‘(II) recruiting and retaining 17 staff; 18 ‘‘(III) teacher and principal eval- 19 uation; 20 ‘‘(IV) professional development; 21 ‘‘(V) coordination of services to 22 address students’ social, emotional, 23 and health needs; and 24 ‘‘(VI) progress monitoring. 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 187 •S 1094 IS ‘‘(D) SUPPLEMENT, NOT SUPPLANT.—An 1 eligible entity or State shall use Federal funds 2 received under this subsection only to supple- 3 ment the funds that would, in the absence of 4 such Federal funds, be made available from 5 non-Federal sources for the education of pupils 6 participating in programs funded under this 7 subsection. 8 ‘‘(E) INTERVENTION BY STATE.—In the 9 case of a State educational agency that has 10 taken over a school or local educational agency, 11 the State may use an amount of funds under 12 this subsection similar to the amount that the 13 school or local educational agency would receive, 14 under this subsection, in order to carry out the 15 activities described in subparagraph (C) for the 16 school and local educational agency, either di- 17 rectly or through an eligible entity designated 18 by the State educational agency. 19 ‘‘(6) NATIONAL ACTIVITIES.—From amounts 20 appropriated and reserved for this paragraph under 21 section 3(a)(2)(B), the Secretary shall carry out the 22 following national activities: 23 ‘‘(A) Activities focused on building State 24 and local educational agency capacity to turn 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 188 •S 1094 IS around eligible schools and schools in rural 1 areas through activities such as— 2 ‘‘(i) identifying and disseminating ef- 3 fective school improvement strategies, in- 4 cluding in rural areas; 5 ‘‘(ii) making available targeted tech- 6 nical assistance, including planning and 7 implementation tools; and 8 ‘‘(iii) expanding the availability of 9 turnaround partners capable of assisting in 10 turning around eligible schools, including 11 in rural areas. 12 ‘‘(B) Activities focused on building capac- 13 ity to turn around eligible schools, including in 14 rural areas. 15 ‘‘(C) The use of data, research, and eval- 16 uation to— 17 ‘‘(i) identify schools that are imple- 18 menting school improvement strategies ef- 19 fectively; 20 ‘‘(ii) identify effective school improve- 21 ment strategies; and 22 ‘‘(iii) collect and disseminate that in- 23 formation to States and local educational 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 189 •S 1094 IS agencies in a manner that facilitates rep- 1 lication of effective practices. 2 ‘‘(D) Other activities designed to support 3 State and local efforts to improve eligible 4 schools. 5 ‘‘(7) EVALUATION.—The Director of the Insti- 6 tute of Education Sciences shall conduct an evalua- 7 tion of the programs carried out under this sub- 8 section. 9 ‘‘(g) CONSTRUCTION.—Nothing in this section shall 10 be construed to alter or otherwise affect the rights, rem- 11 edies, and procedures afforded school or school district 12 employees under Federal, State, or local laws (including 13 applicable regulations or court orders) or under the terms 14 of collective bargaining agreements, memoranda of under- 15 standing, or other agreements between such employees 16 and their employers.’’. 17 SEC. 1117. QUALIFICATIONS FOR TEACHERS AND PARA- 18 PROFESSIONALS. 19 Subpart 1 of part A of title I (20 U.S.C. 6311 et 20 seq.) is amended— 21 (1) by striking section 1117; 22 (2) by redesignating section 1119 as section 23 1117, and moving it so as to precede section 1118; 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 190 •S 1094 IS (3) by redesignating sections 1120, 1120A, and 1 1120B as sections 1119, 1120, and 1120A, respec- 2 tively; and 3 (4) in section 1117, as redesignated by para- 4 graph (2)— 5 (A) by striking subsections (a) and (b) and 6 inserting the following: 7 ‘‘(a) TEACHER QUALIFICATIONS.— 8 ‘‘(1) IN GENERAL.—Except as provided in para- 9 graph (2), each local educational agency receiving 10 assistance under this part shall ensure that all 11 teachers teaching a core academic subject in a pro- 12 gram supported with funds under this part are high- 13 ly qualified teachers and are certified in the subject 14 area in which the teachers are assigned to teach. 15 ‘‘(2) EXCEPTION.—Each local educational 16 agency located in a State in which the State has 17 fully implemented a professional growth and im- 18 provement system shall only be required to comply 19 with the requirements under paragraph (1) as they 20 relate to new teachers. 21 ‘‘(3) SPECIAL RULE FOR SMALL, RURAL, OR RE- 22 MOTE SCHOOLS.—In the case of a local educational 23 agency that is unable to provide a highly qualified 24 teacher to serve as an on-site classroom teacher for 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 191 •S 1094 IS a core academic subject in a small, rural, or remote 1 school, the local educational agency may meet the 2 requirements of this section by using distance learn- 3 ing to provide such instruction by a teacher who is 4 a highly qualified teacher for purposes of the core 5 academic subject, as long as— 6 ‘‘(A) the teacher who is a highly qualified 7 teacher in the core academic subject— 8 ‘‘(i) is responsible for providing at 9 least 50 percent of the direct instruction in 10 the core academic subject through distance 11 learning; 12 ‘‘(ii) is responsible for monitoring stu- 13 dent progress; and 14 ‘‘(iii) is the teacher who assigns the 15 students their grades; and 16 ‘‘(B) an on-site teacher who is a highly 17 qualified teacher for a subject other the core 18 academic subject taught through distance learn- 19 ing is present in the classroom throughout the 20 period of distance learning and provides sup- 21 porting instruction and assistance to the stu- 22 dents. 23 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 192 •S 1094 IS ‘‘(b) QUALIFICATIONS FOR AMERICAN INDIAN, ALAS- 1 KA NATIVE, OR NATIVE HAWAIIAN LANGUAGE, CULTURE, 2 OR HISTORY TEACHERS.— 3 ‘‘(1) LANGUAGE OR CULTURE.— 4 ‘‘(A) IN GENERAL.—Notwithstanding any 5 other provision of law, the requirements of sub- 6 section (a) on local educational agencies with 7 respect to highly qualified teachers shall not 8 apply to a teacher of American Indian, Alaska 9 Native, or Native Hawaiian language or cul- 10 ture, whether the teacher is teaching on a per- 11 manent, part-time, or occasional basis. 12 ‘‘(B) COMPETENCY.—A State may require 13 that a local tribe or tribal organization, as de- 14 fined in section 4 of the Indian Self-Determina- 15 tion and Education Assistance Act (25 U.S.C. 16 450b), verify the competency of a public school 17 teacher of American Indian, Alaska Native, or 18 Native Hawaiian language or culture to teach 19 such subject, to the chief administrative officer 20 of the local educational agency or the chief 21 State school officer. 22 ‘‘(2) HISTORY.— 23 ‘‘(A) IN GENERAL.—Notwithstanding any 24 other provision of law, the requirements of sub- 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 193 •S 1094 IS section (a) on local educational agencies with 1 respect to highly qualified teachers, shall not 2 apply to a teacher who is a Native elder or 3 other authority on American Indian, Alaska 4 Native, or Native Hawaiian history and who 5 provides instruction in such subject, whether on 6 a part-time or occasional basis. 7 ‘‘(B) COMPETENCY.—A State may require 8 that a local tribe or tribal organization, as de- 9 fined in section 4 of the Indian Self-Determina- 10 tion and Education Assistance Act (25 U.S.C. 11 450b), verify the competency of the instructor 12 described in subparagraph (A) of American In- 13 dian, Alaska Native, or Native Hawaiian his- 14 tory to teach such subject, to the chief adminis- 15 trative officer of the local educational agency or 16 the chief State school officer.’’; 17 (B) in subsection (c)(1), by striking ‘‘hired 18 after the date of enactment of the No Child 19 Left Behind Act of 2001 and’’; 20 (C) by striking subsections (d) and (l); 21 (D) by redesignating subsections (e), (f), 22 (g), (h), (i), (j), and (k), as subsections (d), (e), 23 (f), (g), (h), (i), and (j), respectively; 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 194 •S 1094 IS (E) in subsection (d), as redesignated by 1 subparagraph (D), by striking ‘‘Subsections (c) 2 and (d)’’ and inserting ‘‘Subsection (c)’’; and 3 (F) by striking subsection (i), as redesig- 4 nated by subparagraph (D), and inserting the 5 following: 6 ‘‘(i) SPECIAL RULE.—A State educational agency 7 may not require a school or a local educational agency to 8 expend a specific amount of funds for professional devel- 9 opment activities under this part.’’. 10 SEC. 1118. PARENT AND FAMILY ENGAGEMENT. 11 Section 1118 (20 U.S.C. 6318) is amended to read 12 as follows: 13 ‘‘SEC. 1118. PARENT AND FAMILY ENGAGEMENT. 14 ‘‘(a) LOCAL EDUCATIONAL AGENCY PARENT AND 15 FAMILY ENGAGEMENT ASSESSMENT AND PLAN.— 16 ‘‘(1) IN GENERAL.—In order to increase stu- 17 dent academic achievement and improve child devel- 18 opment, a local educational agency may receive 19 funds under this part only if such agency develops 20 and implements a strategic, evidence-based plan to 21 support meaningful engagement of parents and fam- 22 ily members in education (referred to in this section 23 as the ‘parent and family engagement plan’). Such 24 plan shall be— 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 195 •S 1094 IS ‘‘(A) based on a needs assessment of par- 1 ents and family members, school instructional 2 and leadership personnel, and community lead- 3 ers, conducted to inform the development of the 4 plan; and 5 ‘‘(B) be developed and implemented 6 through meaningful consultation with— 7 ‘‘(i) parents and family members of 8 participating children; 9 ‘‘(ii) youth who have graduated from 10 schools that are part of the local edu- 11 cational agency; 12 ‘‘(iii) as applicable, employers, busi- 13 ness leaders, and philanthropic organiza- 14 tions; 15 ‘‘(iv) other members of the community 16 who are committed to increasing student 17 academic achievement and improving child 18 development; 19 ‘‘(v) to the greatest extent practicable, 20 individuals with expertise in effectively en- 21 gaging parents and family members in 22 education; and 23 ‘‘(vi) organizations that have a dem- 24 onstrated record of effectiveness in assist- 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 196 •S 1094 IS ing students in becoming college and ca- 1 reer ready, as determined in accordance 2 with the State academic content standards 3 under section 1111(a)(1). 4 ‘‘(2) ANNUAL SURVEY.—A local educational 5 agency described in paragraph (1) shall, on an an- 6 nual basis, conduct a survey, through electronic 7 means to the extent practicable, including delivery 8 through mobile devices, of all parents, family mem- 9 bers, and all school instructional and leadership per- 10 sonnel, to— 11 ‘‘(A) determine the needs of parents and 12 family members, in order to assist with the 13 learning of their children and engage with 14 school personnel, including all teachers of their 15 children; 16 ‘‘(B) identify strategies to support school- 17 family interactions, including identifying and 18 addressing the barriers to effective parental in- 19 volvement in a manner responsive to the cul- 20 tural and language needs of such parents; 21 ‘‘(C) determine the level of parent and 22 family engagement in each respondent’s respec- 23 tive school and the level of engagement of 24 school leaders with parent and family members; 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 197 •S 1094 IS ‘‘(D) identify perceived and actual barriers 1 to the activities described in subparagraph (A); 2 and 3 ‘‘(E) determine the perceptions about the 4 school’s conditions for learning. 5 ‘‘(3) PARENT AND FAMILY ENGAGEMENT 6 PLAN.— 7 ‘‘(A) DEVELOPMENT.—Based on the re- 8 sults of the survey described in paragraph (2), 9 each local educational agency receiving funds 10 under this part shall develop and implement an 11 annual parent and family engagement plan 12 jointly with the parents and family members of 13 participating children and, where applicable, 14 with a parent advisory committee that rep- 15 resents the entire school district. Such plan 16 shall— 17 ‘‘(i) be designed to foster the engage- 18 ment of parents and other family members 19 and school instructional and leadership 20 personnel; 21 ‘‘(ii) be designed to integrate such en- 22 gagement into the practice of all the local 23 educational agency’s schools that are 24 served under this part; 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 198 •S 1094 IS ‘‘(iii) establish parent engagement 1 goals for the local educational agency and 2 such schools; and 3 ‘‘(iv) establish annual quantifiable 4 performance benchmarks for such goals, 5 which shall require continual progress to- 6 ward the achievement of such goals. 7 ‘‘(B) ADDITIONAL ELEMENTS.—The par- 8 ent and family engagement plan shall— 9 ‘‘(i) establish the school’s expectations 10 for, and commitment to support, meaning- 11 ful, evidence-based, parent and family en- 12 gagement strategies; 13 ‘‘(ii) describe the process through 14 which the school will equip parents and 15 family members, with particular attention 16 to economically disadvantaged parents and 17 family members, to— 18 ‘‘(I) act in partnership with local 19 educational agency and school per- 20 sonnel to improve the academic 21 achievement and development of their 22 children; and 23 ‘‘(II) participate in school im- 24 provement strategies; 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 199 •S 1094 IS ‘‘(iii) describe how the local edu- 1 cational agency will provide the coordina- 2 tion, technical assistance, and other sup- 3 port and conditions necessary to assist par- 4 ticipating schools in planning and imple- 5 menting effective parent and family en- 6 gagement strategies, such as— 7 ‘‘(I) making facilities of the local 8 educational agency available, as ap- 9 propriate; 10 ‘‘(II) making compensatory time 11 available for educators to conduct 12 home visits; 13 ‘‘(III) establishing co-location 14 with public assistance programs; 15 ‘‘(IV) encouraging the implemen- 16 tation of community school models 17 and related activities; and 18 ‘‘(V) utilizing the expertise of, 19 and developing strategies with, organi- 20 zations that have a demonstrated 21 track record of success in supporting 22 parent and family engagement; 23 ‘‘(iv) provide for not less than 1 24 school-wide meeting during each academic 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 200 •S 1094 IS year, at a convenient time, to which par- 1 ents and family members of participating 2 children shall be invited and encouraged to 3 attend, in order to— 4 ‘‘(I) review the parent and family 5 engagement plan; 6 ‘‘(II) inform parents and family 7 members of opportunities for engage- 8 ment in their child’s education; and 9 ‘‘(III) explain to parents and 10 family members the right of the par- 11 ents and family members to be in- 12 volved, and the benefits of meaningful 13 engagement; 14 ‘‘(v) provide parents with an oppor- 15 tunity to develop the knowledge and skills 16 to engage in full partnerships with school 17 instructional and leadership staff of the 18 school in the education of their children; 19 ‘‘(vi) provide for professional develop- 20 ment and other evidence-based support to 21 school instructional and leadership per- 22 sonnel regarding effective parent and fam- 23 ily engagement; 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 201 •S 1094 IS ‘‘(vii) to the extent feasible and appro- 1 priate, coordinate and integrate parent and 2 family engagement programs and strate- 3 gies with other Federal, State, and local 4 programs; 5 ‘‘(viii) provide information to school 6 personnel, students, and parents about the 7 school’s use of positive behavioral interven- 8 tions and supports, school-based mental 9 health programs, and the expectations of 10 school personnel, students, and parents in 11 supporting a safe learning environment for 12 all students; and 13 ‘‘(ix) describe how the local edu- 14 cational agency will coordinate with parent 15 and family information and resource cen- 16 ters established under part H of title IV. 17 ‘‘(b) ANNUAL REVIEW OF PERFORMANCE BENCH- 18 MARKS.—Each year, each local educational agency de- 19 scribed in subsection (a), each school served under this 20 part, and the parent advisory board established under sub- 21 section (g) shall collaboratively review the benchmarks for 22 each of the goals established under subsection (a)(3)(A). 23 Based on the review— 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 202 •S 1094 IS ‘‘(1) if a local educational agency has met or 1 made continual progress toward meeting, its annual 2 benchmarks in such year, the local educational agen- 3 cy will continue to implement the parent and family 4 engagement plan; 5 ‘‘(2) if the local educational agency has not met 6 or made continual progress toward meeting its an- 7 nual benchmarks in such year, the local educational 8 agency and parent advisory board shall jointly deter- 9 mine the cause after taking into the account the re- 10 sults of the end-of-the-year survey described in sub- 11 section (c); and 12 ‘‘(3) the local educational agency shall publicly 13 report on whether the agency has met or made con- 14 tinual progress toward meeting such benchmarks, 15 and the degree to which the benchmarks were met. 16 ‘‘(c) END-OF-THE-YEAR SURVEY.—As part of the re- 17 view described in subsection (b), a local educational agen- 18 cy shall conduct an end-of-the-year survey of parents and 19 school instructional and leadership personnel, including 20 parents and personnel who participated in the survey de- 21 scribed in subsection (a)(2), to determine whether the 22 needs of parents and personnel were met through the im- 23 plementation of the plan. 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 203 •S 1094 IS ‘‘(d) REVISION OF PLAN.—The local educational 1 agency and the parent advisory board established under 2 subsection (g) shall address the causes described in sub- 3 section (b)(2) and the results of the survey in subsection 4 (c) in the development or revision of the parent and family 5 engagement plan. 6 ‘‘(e) RESERVATION AND USE OF FUNDS.— 7 ‘‘(1) IN GENERAL.—Each local educational 8 agency shall reserve not less than 2 percent of such 9 agency’s allocation under subpart 2 to assist schools 10 in carrying out the activities described in this sec- 11 tion, subject to paragraph (2). 12 ‘‘(2) EXCEPTION.—The reservation requirement 13 under paragraph (1) shall not apply if 1 percent of 14 the local educational agency’s allocation under sub- 15 part 2 for the fiscal year for which the determina- 16 tion is made is equal to or less than $5,000. 17 ‘‘(3) DISTRIBUTION OF FUNDS.— 18 ‘‘(A) IN GENERAL.—A local educational 19 agency shall— 20 ‘‘(i) distribute not less than 75 per- 21 cent of funds reserved under paragraph (1) 22 to schools served under this part; and 23 ‘‘(ii) use not more than 20 percent of 24 such funds for parent and family engage- 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 204 •S 1094 IS ment activities at the local educational 1 agency level. 2 ‘‘(B) PRIORITY.—In allocating the funds 3 described in subparagraph (A), each local edu- 4 cational agency shall give priority to high-need 5 schools. 6 ‘‘(4) USE OF FUNDS.—Funds reserved under 7 paragraph (1) may be used to carry out activities 8 and strategies consistent with the parent and family 9 engagement plan described in subsection (a), includ- 10 ing not less than 1 of the following: 11 ‘‘(A) Designating or establishing a dedi- 12 cated office or dedicated personnel for parent 13 and family engagement. 14 ‘‘(B) Providing professional development 15 for local educational agency and school per- 16 sonnel regarding parent and family engagement 17 strategies, which may be provided jointly to 18 teachers, school leaders, early childhood edu- 19 cators, and parents and family members. 20 ‘‘(C) Providing adult education and lit- 21 eracy activities, as defined in section 203 of the 22 Adult Education and Family Literacy Act. 23 ‘‘(D) Supporting home visitation programs. 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 205 •S 1094 IS ‘‘(E) Engaging in other evidence-based or 1 promising strategies for improving and increas- 2 ing parent and family engagement, which may 3 include family and student supports, as defined 4 in section 4703. 5 ‘‘(F) Disseminating information on best 6 practices (such as implementation, replication, 7 impact studies, and evaluations) focused on 8 parent and family engagement, especially best 9 practices for increasing the engagement of eco- 10 nomically disadvantaged parents and family 11 members. 12 ‘‘(G) Contracting with experienced parent 13 organizations to assist with training and other 14 activities under this section. 15 ‘‘(H) Collaborating, or providing subgrants 16 to schools to enable the schools to collaborate, 17 with community-based organizations, or employ- 18 ers, with a demonstrated track record of suc- 19 cess in improving and increasing student aca- 20 demic achievement and parent and family en- 21 gagement to— 22 ‘‘(i) enhance student achievement and 23 development through greater engagement 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 206 •S 1094 IS with children, such as experiential learning 1 opportunities and internships; 2 ‘‘(ii) increase opportunities for such 3 organizations and employers to support 4 family engagement activities, including by 5 offering family engagement training and 6 supporting adult education and family lit- 7 eracy programs; and 8 ‘‘(iii) expand the role of the school as 9 a community resource, such as by using fa- 10 cilities for community events, meetings, ca- 11 reer or health fairs, or adult education and 12 family literacy activities. 13 ‘‘(f) ACCESSIBILITY.—In carrying out the parent and 14 family engagement requirements of this part, local edu- 15 cational agencies and schools, to the greatest extent prac- 16 ticable, shall provide opportunities for the full and in- 17 formed participation of parents and family members (in- 18 cluding parents and family members with disabilities), in- 19 cluding providing information and school reports in a for- 20 mat and, to the greatest extent practicable, in a language 21 such parents can understand. 22 ‘‘(g) PARENT ADVISORY BOARD.—Each local edu- 23 cational agency described in subsection (a) shall establish 24 a parent advisory board for the purposes of developing, 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 207 •S 1094 IS revising, and reviewing the parent and family engagement 1 plan. Such board shall— 2 ‘‘(1) consist of a sufficient number of parents 3 of children attending the local educational agency’s 4 schools served under this part to adequately rep- 5 resent the interests and needs of parents at the local 6 educational agency; 7 ‘‘(2) meet multiple times throughout the school 8 year; and 9 ‘‘(3) be representative of the population served 10 by the local educational agency.’’. 11 SEC. 1119. TECHNICAL CORRECTION REGARDING COM- 12 PLAINT PROCESS FOR SECTION 1119. 13 Section 1119(c)(2) (20 U.S.C. 6320(c)(2)), as redes- 14 ignated by section 1117(3), is amended by striking 15 ‘‘9505’’ and inserting ‘‘9503’’. 16 SEC. 1120. COMPARABILITY OF SERVICES. 17 Section 1120 (20 U.S.C. 6321), as redesignated by 18 section 1117(3), is amended— 19 (1) in subsection (a), by striking ‘‘involved’’; 20 and 21 (2) by striking subsection (c) and inserting the 22 following: 23 ‘‘(c) COMPARABILITY.— 24 ‘‘(1) IN GENERAL.— 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 208 •S 1094 IS ‘‘(A) COMPARABILITY.—Beginning for the 1 2015–2016 school year, a local educational 2 agency may receive funds under this part only 3 if the local educational agency demonstrates to 4 the State educational agency that the combined 5 State and local per-pupil expenditures (includ- 6 ing actual personnel and actual non-personnel 7 expenditures) in each school served under this 8 part, in the most recent year for which such 9 data were available, are not less than the aver- 10 age combined State and local per-pupil expendi- 11 tures for those schools that are not served 12 under this part. 13 ‘‘(B) ALTERNATIVE COMPARABILITY.—If 14 the local educational agency is serving all of the 15 schools under its jurisdiction under this part, 16 the agency shall demonstrate to the State edu- 17 cational agency that the average combined 18 State and local per-pupil expenditures (includ- 19 ing actual personnel and actual non-personnel 20 expenditures) for its high-poverty schools, in 21 the most recent year for which such data are 22 available, were not less than the average com- 23 bined State and local per-pupil expenditures for 24 its low-poverty schools. 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 209 •S 1094 IS ‘‘(C) BASIS.—A local educational agency 1 may meet the requirements of subparagraphs 2 (A) and (B) on a local educational agency-wide 3 basis or a grade-span by grade-span basis. 4 ‘‘(D) EXCLUSION OF FUNDS.— 5 ‘‘(i) IN GENERAL.—For the purpose 6 of complying with this paragraph, a local 7 educational agency shall exclude any State 8 or local funds expended in any school for— 9 ‘‘(I) excess costs of providing 10 services to English learners; 11 ‘‘(II) excess costs of providing 12 services to children with disabilities; 13 ‘‘(III) capital expenditures; and 14 ‘‘(IV) such other expenditures as 15 the Secretary determines appropriate. 16 ‘‘(ii) CHANGES AFTER THE BEGIN- 17 NING OF THE SCHOOL YEAR.—A local edu- 18 cational agency need not include unpredict- 19 able changes in student enrollment or per- 20 sonnel assignments that occur after the be- 21 ginning of a school year in determining 22 compliance under this subsection. 23 ‘‘(2) DOCUMENTATION.—A local educational 24 agency shall demonstrate that it is meeting the re- 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 210 •S 1094 IS quirements of paragraph (1) by submitting to the 1 State educational agency the per-pupil expenditures, 2 personnel expenditures, non-personnel expenditures, 3 and total expenditures for each school served by the 4 local educational agency. 5 ‘‘(3) INAPPLICABILITY.—This subsection shall 6 not apply to a local educational agency that does not 7 have more than 1 building for each grade span. 8 ‘‘(4) PROCESS AND PROCEDURES.— 9 ‘‘(A) LOCAL EDUCATIONAL AGENCY RE- 10 SPONSIBILITIES.—Each local educational agen- 11 cy assisted under this part shall, by October 31, 12 2016, report to the State educational agency on 13 its compliance with the requirements of this 14 subsection for the preceding school year, includ- 15 ing a listing, by school, of actual combined per- 16 pupil State and local personnel and non-per- 17 sonnel expenditures. 18 ‘‘(B) STATE EDUCATIONAL AGENCY RE- 19 SPONSIBILITIES.—Each State educational agen- 20 cy assisted under this part shall ensure that 21 such information is made publicly available by 22 the State or the local educational agency, in- 23 cluding the school by school listing described in 24 subparagraph (A). 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 211 •S 1094 IS ‘‘(C) PLAN.—A local educational agency 1 that does not meet the requirements of this 2 subsection in any year shall develop and imple- 3 ment a plan to ensure compliance for the subse- 4 quent school year and may be required by the 5 State educational agency to report on its 6 progress in implementing such plan. 7 ‘‘(5) TRANSITION PROVISIONS.— 8 ‘‘(A) SCHOOL YEARS PRECEDING THE 9 2015–2016 SCHOOL YEAR.—For school years pre- 10 ceding the 2015–2016 school year, a local edu- 11 cational agency may receive funds under this 12 part only if the local educational agency dem- 13 onstrates to the State educational agency that 14 the local educational agency meets the require- 15 ments of this subsection, as in effect on the day 16 before the date of enactment of the Strength- 17 ening America’s Schools Act of 2013. 18 ‘‘(B) TRANSITION BETWEEN REQUIRE- 19 MENTS.—The Secretary shall take such steps as 20 are necessary to provide for the orderly transi- 21 tion between the requirements under this sec- 22 tion, as in effect on the day before the date of 23 enactment of the Strengthening America’s 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 212 •S 1094 IS Schools Act of 2013, and the new requirements 1 under this section, as amended by such Act. 2 ‘‘(6) RULE OF CONSTRUCTION.—Nothing in 3 this subsection shall be construed to require a local 4 educational agency to transfer school personnel in 5 order to comply with this subsection. 6 ‘‘(7) COMPARABLE REQUIREMENTS.—In the 7 case of a State, State educational agency, or local 8 educational agency that has, before the date of en- 9 actment of the Strengthening America’s Schools Act 10 of 2013, enacted requirements relating to the com- 11 parability of educational expenditures that differ 12 from the requirements of this subsection, the Sec- 13 retary shall allow the local educational agency to 14 demonstrate comparability of educational expendi- 15 tures for purposes of this subsection through the en- 16 acted requirements if the Secretary determines that 17 the enacted requirements provide the same, or a 18 higher, standard of comparability for schools served 19 under this part as required by this subsection.’’. 20 SEC. 1121. COORDINATION REQUIREMENTS. 21 Section 1120A (20 U.S.C. 6322), as redesignated by 22 section 1117(3), is amended to read as follows: 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 213 •S 1094 IS ‘‘SEC. 1120A. COORDINATION REQUIREMENTS. 1 ‘‘(a) IN GENERAL.—Each local educational agency 2 receiving assistance under this part shall carry out the ac- 3 tivities described in subsection (b) with Head Start agen- 4 cies (consistent with section 642(e)(5) of the Head Start 5 Act (42 U.S.C. 9801(e)(5)), providers of services under 6 part C of the Individuals with Disabilities Education Act, 7 programs carried out under section 619 of such Act, and, 8 if feasible, other entities carrying out high-quality early 9 childhood education programs and services. 10 ‘‘(b) ACTIVITIES.—The activities and services re- 11 ferred to in subsection (a) include— 12 ‘‘(1) developing and implementing a systematic 13 procedure for transferring, with parental consent, 14 early childhood program records for each partici- 15 pating child to the school in which such child will 16 enroll; 17 ‘‘(2) establishing ongoing communication be- 18 tween early childhood program staff and their coun- 19 terparts in the schools (including teachers, prin- 20 cipals, social workers, local educational agency liai- 21 sons designated under section 722(g)(1)(J)(ii) of the 22 McKinney-Vento Homeless Assistance Act, and 23 health staff) to facilitate the coordination and align- 24 ment of programs; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 214 •S 1094 IS ‘‘(3) establishing ongoing communications be- 1 tween the early childhood program and the local 2 educational agency for developing continuity of de- 3 velopmentally appropriate instructional programs 4 and shared expectations for children’s learning and 5 development as children transition to school; 6 ‘‘(4) organizing and participating in joint train- 7 ing, including transition-related training for school 8 staff and early childhood programs; 9 ‘‘(5) establishing comprehensive transition poli- 10 cies and procedures that support the school readi- 11 ness of children transitioning to school; 12 ‘‘(6) conducting outreach to parents, families, 13 and elementary school teachers to discuss the edu- 14 cational, developmental, and other needs of children 15 entering school; 16 ‘‘(7) helping parents of children who are 17 English learners understand— 18 ‘‘(A) the instructional and other services 19 provided by the school in which such child will 20 enroll after participation in a Head Start pro- 21 gram or other Federal early childhood care and 22 education program; and 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 215 •S 1094 IS ‘‘(B) as appropriate, the information pro- 1 vided to parents of English learners under sec- 2 tion 3202; 3 ‘‘(8) helping parents understand the instruc- 4 tional and other services provided by the school in 5 which their child will enroll after participation in a 6 Head Start program or other Federal early child- 7 hood care and education program; and 8 ‘‘(9) developing and implementing a system to 9 increase program participation of underserved popu- 10 lations of eligible children, especially children eligible 11 for a free or reduced price lunch under the Richard 12 B. Russell National School Lunch Act (42 U.S.C. 13 1751 et seq.), parents of children who are English 14 learners, and parents of children with disabilities.’’. 15 SEC. 1122. GRANTS FOR THE OUTLYING AREAS AND THE 16 SECRETARY OF THE INTERIOR. 17 Section 1121 (20 U.S.C. 6331) is amended— 18 (1) in subsection (a), by striking ‘‘section 19 1002(a) and 1125A(f)’’ and inserting ‘‘paragraphs 20 (1) and (3) of section 3(a)’’; 21 (2) in subsection (b)(3)— 22 (A) in subparagraph (A), by striking ‘‘and 23 freely associated States’’; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 216 •S 1094 IS (B) in subparagraph (C)(ii), by striking 1 ‘‘challenging State academic content standards’’ 2 and inserting ‘‘college and career ready State 3 academic content standards under section 4 1111(a)(1)’’; and 5 (3) by striking subsection (c) and inserting the 6 following: 7 ‘‘(c) DEFINITION OF OUTLYING AREA.—As used in 8 subsections (a) and (b), the term ‘outlying area’ has the 9 meaning given that term in subparagraphs (A) and (B) 10 of section 9101(42).’’. 11 SEC. 1123. ALLOCATIONS TO STATES. 12 Section 1122(a) (20 U.S.C. 6332(a)) is amended by 13 striking ‘‘section 1002(a) to carry out this part for each 14 of fiscal years 2002–2007’’ and inserting ‘‘section 3(a)(1) 15 to carry out this part for each of fiscal years 2014 through 16 2019’’. 17 SEC. 1124. EDUCATION FINANCE INCENTIVE GRANT PRO- 18 GRAM. 19 Section 1125A (20 U.S.C. 6337) is amended— 20 (1) in subsection (a), by striking ‘‘subsection 21 (f)’’ and inserting ‘‘section 3(a)(3),’’; 22 (2) in subsection (b)(1)(A), by striking ‘‘sub- 23 section (f)’’ and inserting ‘‘section 3(a)(3)’’; 24 (3) by striking subsection (f); and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 217 •S 1094 IS (4) by redesignating subsection (g) as sub- 1 section (f). 2 SEC. 1125. BLUE RIBBON SCHOOLS; CENTERS FOR EXCEL- 3 LENCE IN EARLY CHILDHOOD. 4 Part A of title I (20 U.S.C. 6301 et seq.) is amended 5 by adding at the end the following: 6 ‘‘Subpart 3—Blue Ribbon Schools; Centers for 7 Excellence in Early Childhood 8 ‘‘SEC. 1131. BLUE RIBBON SCHOOLS. 9 ‘‘(a) PROGRAM PURPOSE.—It is the purpose of this 10 section to assist States and local educational agencies in 11 identifying and rewarding high-performing public schools. 12 ‘‘(b) BLUE RIBBON SCHOOLS.— 13 ‘‘(1) IDENTIFICATION OF BLUE RIBBON 14 SCHOOLS.—Each State receiving a grant under sub- 15 part 2 may— 16 ‘‘(A) define the category of blue ribbon 17 schools, consistent with paragraph (2), for the 18 State as part of its State plan in section 19 1111(b); and 20 ‘‘(B) identify, for each school year, the 21 schools in the State that are blue ribbon schools 22 for such year. 23 ‘‘(2) BLUE RIBBON SCHOOL CRITERIA.— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 218 •S 1094 IS ‘‘(A) IN GENERAL.—If a State elects to 1 carry out this subsection, the State’s blue rib- 2 bon schools shall consist of the highest 5 per- 3 cent of the State’s public elementary schools 4 and secondary schools, as designated by the 5 State based on— 6 ‘‘(i) the percentage of proficient or ad- 7 vanced students, as determined under sec- 8 tion 1111(a)(3)(B)(ii), in English or lan- 9 guage arts, and mathematics; 10 ‘‘(ii) in the case of high schools, the 11 school’s graduation rates; 12 ‘‘(iii) the performance of each cat- 13 egory of students described in section 14 1111(a)(3)(D); 15 ‘‘(iv) the percentage of students who 16 are meeting or exceeding the State student 17 academic achievement standards or are 18 achieving sufficient academic growth as de- 19 scribed in section 1111(a)(3)(B)(iii); and 20 ‘‘(v) school gains. 21 ‘‘(B) NONELIGIBILITY FOR BLUE RIBBON 22 STATUS.—A school identified under subsection 23 (c) or (d) of section 1116 for a year shall not 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 219 •S 1094 IS be eligible for blue ribbon school status for the 1 same year. 2 ‘‘(c) REWARDS.— 3 ‘‘(1) IN GENERAL.—Each State that defines 4 and identifies blue ribbon schools under subsection 5 (b)(1) for a school year may— 6 ‘‘(A) provide each blue ribbon school in the 7 State with increased autonomy over the school’s 8 budget, staffing, and time; 9 ‘‘(B) allow each blue ribbon school to have 10 flexibility in the use of any funds provided to 11 the school under this Act for any purpose al- 12 lowed under this Act (notwithstanding any 13 other provision of this Act), as long as such use 14 is consistent with the Civil Rights Act of 1964, 15 title IX of the Education Amendments of 1972, 16 section 504 of the Rehabilitation Act of 1973, 17 the Americans with Disabilities Act of 1990 (42 18 U.S.C. 12101), and part B of the Individuals 19 with Disabilities Education Act; and 20 ‘‘(C) reserve not more than .5 percent of 21 the funds allotted to the State under subpart 2 22 and use such reserved amounts to distribute re- 23 wards, on a competitive basis, to local edu- 24 cational agencies that serve 1 or more blue rib- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 220 •S 1094 IS bon schools identified under subsection (b) that 1 receive funds under subpart 2 to enable the 2 local educational agencies to provide awards to 3 such blue ribbon schools that receive funds 4 under such subpart. 5 ‘‘(2) USE OF REWARDS.—As a condition of re- 6 ceiving an award from a local educational agency 7 under this subsection, a blue ribbon school shall 8 agree to use the award funds to— 9 ‘‘(A) improve student achievement; and 10 ‘‘(B) provide technical assistance to the 11 lowest-achieving schools in the closest geo- 12 graphic region of the State to the blue ribbon 13 school, in accordance with the State plan under 14 section 1111(b)(1)(F). 15 ‘‘SEC. 1132. CENTERS OF EXCELLENCE IN EARLY CHILD- 16 HOOD. 17 ‘‘(a) DEFINITION OF ELIGIBLE EARLY CHILDHOOD 18 EDUCATION PROGRAM.—In this section, the term ‘eligible 19 early childhood education program’ means an early child- 20 hood education program, as defined in section 103 of the 21 Higher Education Act of 1965, that— 22 ‘‘(1) serves young children from households that 23 would be eligible to receive a free or reduced price 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 221 •S 1094 IS lunch under the Richard B. Russell National School 1 Lunch Act (42 U.S.C. 1751 et seq.); 2 ‘‘(2) is nominated, by the Governor of the State 3 in which the program is located and through a com- 4 petitive selection process, to be a center of excellence 5 in early childhood under this section. 6 ‘‘(b) PROGRAM AUTHORIZED.— 7 ‘‘(1) IN GENERAL.—The Secretary of Edu- 8 cation, acting jointly with the Secretary of Health 9 and Human Services as provided in paragraph (2), 10 shall, subject to the availability of funds under sec- 11 tion 3(b)(4), establish a program under which the 12 Secretary shall— 13 ‘‘(A) designate exemplary eligible early 14 childhood education programs as centers of ex- 15 cellence in early childhood for the purposes of 16 sharing best practices among early childhood 17 education programs and to support or recognize 18 the centers of excellence to improve the quality 19 of care in programs in their local region; and 20 ‘‘(B) award bonus grants to each center of 21 excellence in early childhood, to enable the cen- 22 ter to carry out the activities described in sub- 23 section (e). 24 ‘‘(2) FEDERAL ADMINISTRATION.— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00221 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 222 •S 1094 IS ‘‘(A) IN GENERAL.—With respect to this 1 section, the Secretary shall bear responsibility 2 for obligating and disbursing funds and ensur- 3 ing compliance with applicable laws and admin- 4 istrative requirements, subject to subparagraph 5 (B). 6 ‘‘(B) INTERAGENCY AGREEMENT.—The 7 Secretary of Education and the Secretary of 8 Health and Human Services shall jointly ad- 9 minister activities supported under this sub- 10 section on such terms as such secretaries shall 11 set forth in an interagency agreement. 12 ‘‘(c) APPLICATION.— 13 ‘‘(1) IN GENERAL.—In order to be eligible to be 14 designated as a center of excellence in early child- 15 hood under subsection (b), an eligible early child- 16 hood education program shall submit an application 17 to the Secretary at such time, in such manner, and 18 containing such information as the Secretary may 19 require. 20 ‘‘(2) CONTENTS.—At a minimum, the applica- 21 tion shall include— 22 ‘‘(A) evidence that the eligible early child- 23 hood education program has significantly im- 24 proved the school readiness, as determined by 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 223 •S 1094 IS the Secretaries, of young children who have 1 participated in the program; 2 ‘‘(B) evidence that the eligible early child- 3 hood education program demonstrates improved 4 child outcomes across all the essential domains 5 of school readiness; 6 ‘‘(C) evidence that the eligible early child- 7 hood education program has high staff quali- 8 fications that are designed to promote the so- 9 cial, emotional, physical, and cognitive develop- 10 ment of children; 11 ‘‘(D) an assurance that the eligible early 12 childhood education program will develop a col- 13 laborative partnership with other providers of 14 early childhood education in the local commu- 15 nity involved to conduct activities under sub- 16 section (e); 17 ‘‘(E) a nomination letter, from the Gov- 18 ernor of the State in which the eligible early 19 childhood education program is located, dem- 20 onstrating the eligible early childhood education 21 program’s ability to— 22 ‘‘(i) provide the coordination, transi- 23 tion, and training services of the activities 24 proposed to be carried out under the bonus 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 224 •S 1094 IS grant, including the coordination of such 1 activities with State and local agencies that 2 provide early childhood education and de- 3 velopment to young children and families 4 in the community served by the eligible 5 early childhood education program; and 6 ‘‘(ii) carry out the activities described 7 in subsection (e)(1); and 8 ‘‘(F) a description of how the early child- 9 hood program, in order to expand accessibility 10 and continuity of quality early childhood edu- 11 cation and development services and programs, 12 will coordinate activities under subsection (e) 13 with— 14 ‘‘(i) programs serving children as- 15 sisted under the Child Care and Develop- 16 ment Block Grant Act of 1990 (42 U.S.C. 17 9858 et seq.); 18 ‘‘(ii) the temporary assistance for 19 needy families program funded under part 20 A of title IV of the Social Security Act (42 21 U.S.C. 601 et seq.); 22 ‘‘(iii) the block grants to State for so- 23 cial services program funded under subtitle 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 225 •S 1094 IS A of title XX of the Social Security Act 1 (42 U.S.C. 1397 et seq.); 2 ‘‘(iv) child care programs supported 3 directly through the Community Services 4 Block Grant; 5 ‘‘(v) the Head Start and Early Head 6 Start programs carried out under Head 7 Start Act; 8 ‘‘(vi) programs supported by grants 9 under part I of title IV; 10 ‘‘(vii) other preschool programs sup- 11 ported under this title; 12 ‘‘(viii) programs carried out under 13 section 619 and part C of the Individuals 14 with Disabilities Education Act; 15 ‘‘(ix) State prekindergarten programs; 16 ‘‘(x) programs that support parent 17 and family engagement, including pro- 18 grams funded under section 1118 or, if ap- 19 plicable, grantees supported through par- 20 ent and family information and resource 21 center grants under part H of title IV; and 22 ‘‘(xi) other programs of early child- 23 hood education and development; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 226 •S 1094 IS ‘‘(G) a description of how the early child- 1 hood education program, if selected as a center 2 for excellence in early childhood, will work with 3 the local educational agency of the area in 4 which the program is located, to— 5 ‘‘(i) provide for effective transitions 6 between the program and elementary 7 schools; and 8 ‘‘(ii) to facilitate ongoing communica- 9 tion between the program and elementary 10 school teachers concerning young children 11 participating in the program to improve 12 the teachers’ ability to work effectively 13 with low-income, at-risk young children 14 and their families. 15 ‘‘(d) DESIGNATION AND BONUS GRANTS.— 16 ‘‘(1) IN GENERAL.—For each 5-year term de- 17 scribed in paragraph (2), the Secretary shall— 18 ‘‘(A) select and designate, as centers of ex- 19 cellence in early childhood, not less than 1 early 20 childhood education program from each of the 21 several States of the United States, the District 22 of Columbia, Commonwealth of Puerto Rico, 23 and each of the outlying areas from which the 24 Secretary has received applications; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 227 •S 1094 IS ‘‘(B) award each center of excellence in 1 early childhood a bonus grant for the 5-year 2 term, subject to paragraph (2)(B). 3 ‘‘(2) TERM OF DESIGNATION.— 4 ‘‘(A) IN GENERAL.—Subject to subpara- 5 graph (B), the Secretary shall designate each 6 early childhood education program as a center 7 of excellence in early childhood under para- 8 graph (1) for a 5-year term. During the period 9 of that designation, the program shall receive a 10 bonus grant under subsection (b). 11 ‘‘(B) REVOCATION.—The Secretary may 12 revoke a program’s grant and designation under 13 subparagraph (A) if the Secretary determines 14 that the program has not made substantial 15 progress in meeting the goals and objectives of 16 the grant. 17 ‘‘(3) BONUS GRANT AMOUNT.— 18 ‘‘(A) MINIMUM AMOUNT OF BONUS 19 GRANT.—Subject to the availability of appro- 20 priations, each bonus grant awarded under this 21 subsection shall be in an amount of not less 22 than $200,000 per year. 23 ‘‘(B) PRIORITY FOR INCREASED BONUS 24 GRANT FUNDING.—In determining the amount 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 228 •S 1094 IS of the bonus grant for a center of excellence in 1 early childhood under this section, and subject 2 to the requirements of subparagraph (A), the 3 Secretary— 4 ‘‘(i) shall give priority to centers that, 5 through their applications, demonstrate 6 that their programs are of exceptional 7 quality and would serve as exemplary mod- 8 els for programs in the same geographic 9 region; and 10 ‘‘(ii) may give consideration to— 11 ‘‘(I) the populations served by 12 the centers, such as centers that serve 13 large proportions of young children 14 who are English learners, children 15 who are infants or toddlers with dis- 16 abilities, as defined in 632 of the Indi- 17 viduals with Disabilities Education 18 Act, children with disabilities who are 19 eligible for services under section 619 20 of such Act, homeless children, foster 21 children, or children who receive child 22 protective services, or young children 23 of other underserved populations; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 229 •S 1094 IS ‘‘(II) centers that do an excep- 1 tional job meeting the needs of young 2 children in such populations. 3 ‘‘(e) USE OF BONUS GRANT FUNDS.—A center of ex- 4 cellence in early childhood that receives a bonus grant 5 under this subsection shall— 6 ‘‘(1) use not less than 15 percent of the funds 7 made available through the grant to disseminate to 8 other early childhood education programs in the 9 State involved (including to early childhood edu- 10 cation programs who serve young children who live 11 on tribal lands or come from families who engage in 12 seasonal or migrant work), best practices for achiev- 13 ing early academic success, including— 14 ‘‘(A) best practices for achieving school 15 readiness, including developing early literacy 16 and mathematics skills; 17 ‘‘(B) best practices for achieving the acqui- 18 sition of the English language for English 19 learners, if appropriate to the population 20 served; 21 ‘‘(C) best practices for providing high-qual- 22 ity comprehensive services, if applicable, for 23 participating young children and their families; 24 and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 230 •S 1094 IS ‘‘(D) best practices for facilitating the so- 1 cial and emotional development of children and 2 young children; and 3 ‘‘(2) use the remainder of such funds for not 4 less than 2 of the following activities: 5 ‘‘(A) In the case of a center of excellence 6 that is a Head Start program, providing Head 7 Start services to additional eligible young chil- 8 dren. 9 ‘‘(B) Extending the services of the center 10 of excellence to provide full-day, full-week, or 11 full-year care to young children served by the 12 program, if appropriate to better meet the 13 needs of working families in the community 14 served by the center. 15 ‘‘(C) Further coordinating early childhood 16 education programs and services and social 17 services available in the community served by 18 the center for at-risk young children, their fam- 19 ilies, and pregnant women. 20 ‘‘(D) Providing professional development 21 for program instructional and support staff, in- 22 cluding joint training for with child care pro- 23 viders, public preschool and elementary school 24 teachers and school leaders, and other providers 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 231 •S 1094 IS of early childhood education and development 1 programs. 2 ‘‘(E) Developing or maintaining partner- 3 ships with institutions of higher education and 4 nonprofit organizations, including community- 5 based organizations, that recruit, train, place, 6 and support postsecondary education students 7 to serve as mentors and reading partners to 8 preschool children in centers that serve such 9 children. 10 ‘‘(F) Carrying out other activities deter- 11 mined by the center to improve the overall qual- 12 ity of the center’s early childhood education 13 program and for which there is evidence that 14 the activities will lead to improved safety, devel- 15 opment, well-being, or school readiness of the 16 young children served by the program. 17 ‘‘(G) Sharing best practices concerning the 18 transition of children into elementary school. 19 ‘‘(f) REPORTS TO THE SECRETARY.—Each center of 20 excellence in early childhood that receives bonus grant 21 funds under this section shall submit an annual report to 22 the Secretary, at such time and in such manner as the 23 Secretary may require, that contains a description of the 24 activities the center carried out with funds received under 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 232 •S 1094 IS this section, including a description of how such funds im- 1 proved services for young children and families. 2 ‘‘(g) RESEARCH AND TECHNICAL ASSISTANCE.— 3 From the funds made available to carry out this section, 4 the Secretary may reserve not more than 1 percent of such 5 funds to carry out the following activities: 6 ‘‘(1) Supporting a research collaborative among 7 the Institute of Education Sciences, the National In- 8 stitute of Child Health and Human Development, 9 the Office of Planning, Research, and Evaluation 10 within the Administration for Children and Families 11 of the Department of Health and Human Services, 12 and, as appropriate, other Federal entities, to sup- 13 port research on early learning that can inform im- 14 proved State and other standards and licensing re- 15 quirements and improved outcomes for young chil- 16 dren, which collaborative shall— 17 ‘‘(A) biennially prepare and publish for 18 public comment a detailed research plan; 19 ‘‘(B) support early learning research activi- 20 ties that could include determining— 21 ‘‘(i) the characteristics of early learn- 22 ing programs that produce positive devel- 23 opmental outcomes for young children; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 233 •S 1094 IS ‘‘(ii) the effects of program quality 1 standards on child outcomes; 2 ‘‘(iii) the relationships between spe- 3 cific interventions and types of child and 4 family outcomes; 5 ‘‘(iv) the effectiveness of early learn- 6 ing provider training in raising program 7 quality and improving child outcomes; 8 ‘‘(v) the effectiveness of professional 9 development strategies in raising program 10 quality and improving child outcomes; and 11 ‘‘(vi) how to improve the school readi- 12 ness outcomes of young children who are 13 English learners, children with special 14 needs, and homeless children, including 15 evaluation of professional development pro- 16 grams for working with such children; and 17 ‘‘(C) disseminate relevant research findings 18 and best practices. 19 ‘‘(2) Evaluating barriers to improving the qual- 20 ity of early learning programs serving low-income 21 young children, including evaluating barriers to suc- 22 cessful interagency collaboration and coordination, 23 by conducting a review of the statewide strategic re- 24 ports developed by State Advisory Councils on Early 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 234 •S 1094 IS Childhood Education and Care and other relevant 1 reports, reporting the findings of such review to 2 Congress, and disseminating relevant research find- 3 ings and best practices. 4 ‘‘SEC. 1133. GREEN RIBBON SCHOOLS. 5 ‘‘The Secretary is authorized to identify and recog- 6 nize exemplary schools, programs, and individuals. Such 7 recognitions may include— 8 ‘‘(1) a Green Ribbon Schools program, such as 9 the Green Ribbons School program carried out by 10 the Secretary under section 5411(b)(5) as of the day 11 before the date of enactment of the Strengthening 12 America’s Schools Act of 2013, that recognizes ex- 13 cellence in reducing environmental impact, increas- 14 ing health and wellness, and providing sustainability 15 education; and 16 ‘‘(2) an award program recognizing excellence 17 exhibited by classified school employees in the public 18 school system.’’. 19 SEC. 1126. GRANTS FOR STATE ASSESSMENTS AND RE- 20 LATED ACTIVITIES. 21 Part A of title I (20 U.S.C. 6301 et seq.), as amended 22 by section 1125, is further amended by adding at the end 23 the following: 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 235 •S 1094 IS ‘‘Subpart 4—Grants for State Assessments and 1 Related Activities 2 ‘‘SEC. 1141. GRANTS FOR STATE ASSESSMENTS AND RE- 3 LATED ACTIVITIES. 4 ‘‘(a) GRANTS FOR STATE ASSESSMENTS.—From 5 amounts made available under subsection (c)(1) to carry 6 out this subsection, the Secretary shall make grants to 7 States— 8 ‘‘(1) to enable States to pay the costs of devel- 9 oping, improving, or administering State assess- 10 ments and standards consistent with section 11 1111(a), which may include the cost of working in 12 voluntary partnerships with other States, at the sole 13 discretion of each such State; and 14 ‘‘(2) in the case of States that have developed 15 the assessments and standards consistent with the 16 requirements of section 1111(a), to enable each such 17 State— 18 ‘‘(A) to administer such assessments; or 19 ‘‘(B) to carry out other activities described 20 in this section, which may include— 21 ‘‘(i) developing college and career 22 ready State academic content and student 23 academic achievement standards and 24 aligned assessments in academic subjects 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 236 •S 1094 IS for which standards and assessments are 1 not required under section 1111(a); 2 ‘‘(ii) developing or improving assess- 3 ments of English language proficiency nec- 4 essary to comply with section 5 1111(a)(2)(D); 6 ‘‘(iii) developing multiple measures of 7 student academic achievement, including 8 measures that assess higher-order thinking 9 skills and understanding, and elicit com- 10 plex student demonstrations or applica- 11 tions of knowledge and skills to increase 12 the reliability and validity of State assess- 13 ment systems; 14 ‘‘(iv) developing, enhancing, or admin- 15 istering, in publicly funded early childhood 16 education programs and elementary 17 schools, early learning assessments (includ- 18 ing accommodations to provide access for 19 young children with disabilities) to improve 20 instruction for young children; 21 ‘‘(v) strengthening the capacity of 22 local educational agencies and schools to 23 provide all students with the opportunity 24 to increase educational achievement, in- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 237 •S 1094 IS cluding carrying out professional develop- 1 ment activities aligned with State student 2 academic achievement standards and as- 3 sessments; 4 ‘‘(vi) expanding the range, and im- 5 proving the quality, of accommodations 6 available to English learners and students 7 with disabilities to improve the use of such 8 accommodations, including professional de- 9 velopment activities; 10 ‘‘(vii) improving the dissemination of 11 information about student achievement and 12 school performance to parents and fami- 13 lies, including the development of informa- 14 tion and reporting systems designed to— 15 ‘‘(I) identify best educational 16 practices based on scientifically valid 17 research; or 18 ‘‘(II) assist in linking records of 19 student achievement, length of enroll- 20 ment, and graduation over time; 21 ‘‘(viii) providing instructional sup- 22 ports, which may include formative assess- 23 ments; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 238 •S 1094 IS ‘‘(ix) developing computer adaptive as- 1 sessments that meet the requirements of 2 section 1111(a); 3 ‘‘(x) developing alternate assessments, 4 as described in section 1111(a)(2)(E), 5 aligned to alternate achievement standards; 6 and 7 ‘‘(xi) providing professional develop- 8 ment to local educational agency staff to 9 transition between assessment systems, in- 10 cluding technology for that purpose. 11 ‘‘(b) GRANTS FOR ENHANCED ASSESSMENT SYS- 12 TEMS.— 13 ‘‘(1) GRANT PROGRAM AUTHORIZED.—From 14 amounts made available under subsection (c)(2) to 15 carry out this subsection, the Secretary shall award, 16 on a competitive basis, grants to State educational 17 agencies to enable the State educational agencies to 18 carry out the activities described in paragraph (3). 19 ‘‘(2) APPLICATION.—Each State educational 20 agency desiring to receive a grant under this section 21 shall submit an application to the Secretary at such 22 time, in such manner, and accompanied by such in- 23 formation as the Secretary may require. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 239 •S 1094 IS ‘‘(3) AUTHORIZED ACTIVITIES.—Each State 1 educational agency that receives a grant under this 2 section shall use the grant funds to— 3 ‘‘(A) enable States, or a consortia of 4 States, to collaborate with institutions of higher 5 education or other organizations or agencies to 6 improve the quality, validity, and reliability of 7 State academic assessments beyond the require- 8 ments for such assessments described in section 9 1111(a)(2); 10 ‘‘(B) measure student academic achieve- 11 ment using multiple measures of student aca- 12 demic achievement from multiple sources, in- 13 cluding measures that assess higher-order 14 thinking skills and understanding; 15 ‘‘(C) chart student progress over time; or 16 ‘‘(D) evaluate student academic achieve- 17 ment through the development of comprehensive 18 academic assessment instruments. 19 ‘‘(c) ALLOTMENT OF APPROPRIATED FUNDS.— 20 ‘‘(1) IN GENERAL.—Except as provided in para- 21 graph (2), for each fiscal year, the Secretary shall 22 use the amount of funds made available for this sec- 23 tion for such year or $400,000,000 of such funds, 24 whichever is less, to— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00239 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 240 •S 1094 IS ‘‘(A) reserve one-half of 1 percent for the 1 Bureau of Indian Education; 2 ‘‘(B) reserve one-half of 1 percent for the 3 outlying areas; and 4 ‘‘(C) from the amounts remaining after the 5 application of subparagraphs (A) and (B), allo- 6 cate to each State, for the purposes of carrying 7 out the activities under subsection (a), an 8 amount equal to— 9 ‘‘(i) $3,000,000; and 10 ‘‘(ii) with respect to any amounts re- 11 maining after the allocation is made under 12 clause (i), an amount that bears the same 13 relationship to such total remaining 14 amounts as the number of students ages 5 15 through 17 in the State (as determined by 16 the Secretary on the basis of the most re- 17 cent satisfactory data) bears to the total 18 number of such students in all States. 19 ‘‘(2) SPECIAL RULE FOR FISCAL YEAR 2014.— 20 For fiscal year 2014, the Secretary shall use not less 21 than $800,000,000 or, if a lesser amount is made 22 available for this section for such year, such entire 23 lesser amount, to carry out the requirements of 24 paragraph (1). 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 241 •S 1094 IS ‘‘(3) REMAINDER.—Any amounts remaining for 1 a fiscal year after the Secretary carries out para- 2 graph (1) shall be made available to award funds 3 under subsection (b) to States according to the qual- 4 ity, needs, and scope of the State application under 5 this section. In determining the grant amount, the 6 Secretary shall ensure that a State’s grant shall in- 7 clude an amount that bears the same relationship to 8 the total funds available under this paragraph for 9 the fiscal year as the number of students ages 5 10 through 17 in the State (as determined by the Sec- 11 retary on the basis of the most recent satisfactory 12 data) bears to the total number of such students in 13 all States. 14 ‘‘(4) DEFINITION OF STATE.—In this section, 15 the term ‘State’ means each of the 50 States, the 16 District of Columbia, and the Commonwealth of 17 Puerto Rico.’’. 18 PART B—PATHWAYS TO COLLEGE 19 SEC. 1201. IMPROVING SECONDARY SCHOOLS. 20 Part B of title I (20 U.S.C. 6361 et seq.) is amended 21 to read as follows: 22 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 242 •S 1094 IS ‘‘PART B—PATHWAYS TO COLLEGE 1 ‘‘Subpart 1—Improving Secondary Schools 2 ‘‘SEC. 1201. SECONDARY SCHOOL REFORM. 3 ‘‘(a) PURPOSES.—The purposes of this section are to 4 ensure students graduate from secondary school college 5 and career ready and to increase graduation rates by pro- 6 viding grants to eligible entities to provide schools with 7 the necessary resources to implement innovative and effec- 8 tive secondary school reform strategies. 9 ‘‘(b) DEFINITIONS.—In this section: 10 ‘‘(1) APPLIED LEARNING.—The term ‘applied 11 learning’ means a strategy that— 12 ‘‘(A) engages students in opportunities to 13 apply rigorous academic content aligned with 14 college-level expectations to real world experi- 15 ence, through such means as work experience, 16 work-based learning, problem-based learning, or 17 service-learning; and 18 ‘‘(B) develops students’ cognitive com- 19 petencies and pertinent employability skills. 20 ‘‘(2) CHRONIC ABSENTEEISM.—The term 21 ‘chronic absenteeism’ means a student misses— 22 ‘‘(A) 10 percent of the school days per 23 school year; or 24 ‘‘(B) not less than 20 school days per 25 school year. 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 243 •S 1094 IS ‘‘(3) COMPETENCY-BASED LEARNING MODEL.— 1 The term ‘competency-based learning model’ means 2 an education model in which educators use explicit 3 measurable learning objectives to assist students to 4 advance upon mastery of objectives as determined 5 through relevant assessments. 6 ‘‘(4) EFFECTIVE SECONDARY SCHOOL REFORM 7 STRATEGIES.—The term ‘effective secondary school 8 reform strategies’ means a set of programs, inter- 9 ventions, and activities with demonstrated effective- 10 ness in improving the academic achievement of 11 struggling students or dropouts. 12 ‘‘(5) ELIGIBLE ENTITY.—The term ‘eligible en- 13 tity’ means a high-need local educational agency, or 14 a consortia of such local educational agencies, in 15 partnership with— 16 ‘‘(A) 1 or more institutions of higher edu- 17 cation; 18 ‘‘(B) 1 or more employers or industry-re- 19 lated organizations; and 20 ‘‘(C) 1 or more external partners or quali- 21 fied intermediaries. 22 ‘‘(6) ELIGIBLE SECONDARY SCHOOL.—The 23 term ‘eligible secondary school’ means a high school 24 that— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00243 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 244 •S 1094 IS ‘‘(A) is eligible for funds under part A; 1 ‘‘(B) has a graduation rate below 75 per- 2 cent; 3 ‘‘(C) does not receive grant funds under 4 section 1116(d); and 5 ‘‘(D) is identified as low performing based 6 on the State’s accountability system. 7 ‘‘(7) EXTERNAL PARTNER.—The term ‘external 8 partner’ means a public or private nonprofit organi- 9 zation or a nonprofit charter management organiza- 10 tion, with a demonstrated record of successful sec- 11 ondary school reform. 12 ‘‘(8) FEEDER MIDDLE SCHOOL.—The term 13 ‘feeder middle school’ means an elementary school or 14 secondary school from which a majority of students 15 go on to attend an eligible secondary school. 16 ‘‘(9) QUALIFIED INTERMEDIARY.—The term 17 ‘qualified intermediary’ means an entity that has 18 demonstrated expertise to build and sustain partner- 19 ships with entities such as employers, schools, com- 20 munity-based organizations, postsecondary edu- 21 cational institutions, social service agencies, eco- 22 nomic development organizations, and workforce in- 23 vestment systems, to broker services, resources, and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00244 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 245 •S 1094 IS supports for youth and the organizations and sys- 1 tems designed to serve them. 2 ‘‘(10) STRUGGLING STUDENT.—The term 3 ‘struggling student’ means a student who— 4 ‘‘(A) is at an increased risk for low aca- 5 demic achievement and is unlikely to graduate 6 secondary school within 4 years; or 7 ‘‘(B) a student who has dropped out of 8 school. 9 ‘‘(c) GRANTS AUTHORIZED.— 10 ‘‘(1) IN GENERAL.— 11 ‘‘(A) RESERVATION.—From the total 12 amount of funds appropriated to carry out this 13 section for a fiscal year, the Secretary shall re- 14 serve— 15 ‘‘(i) not more than 2.5 percent for na- 16 tional activities, which the Secretary shall 17 use for technical assistance, data collection 18 and dissemination, and evaluation and re- 19 porting activities; and 20 ‘‘(ii) not less than one half of 1 per- 21 cent for the Bureau of Indian Education 22 for activities consistent with the purposes 23 of this section. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00245 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 246 •S 1094 IS ‘‘(B) GRANTS.—From the total amount of 1 funds appropriated to carry out this section for 2 a fiscal year and not reserved under subpara- 3 graph (A), the Secretary shall award grants, on 4 a competitive basis, to eligible entities, based on 5 the quality of the applications submitted, of 6 which— 7 ‘‘(i) not more than 25 percent of 8 grant funds shall be used for activities de- 9 scribed in subsection (e)(1); and 10 ‘‘(ii) not less than 75 percent of grant 11 funds shall be used for activities described 12 in paragraphs (2) and (3) of subsection (e) 13 and subsection (f). 14 ‘‘(2) GRANT DURATION.—Grants awarded 15 under this section shall be for a period of 5 years, 16 conditional after 3 years on satisfactory progress on 17 the performance indicators described in subsection 18 (d)(2)(G), as determined by the Secretary. 19 ‘‘(3) GRANT CONSIDERATIONS.—In awarding 20 grants under this section, the Secretary shall give 21 special consideration to applications from eligible en- 22 tities— 23 ‘‘(A) serving high-need areas, such as high- 24 poverty or rural local educational agencies; or 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 247 •S 1094 IS ‘‘(B) that demonstrate partnerships with 1 employers to provide students at participating 2 schools with career-related experience or assist- 3 ance in attaining career-related credentials. 4 ‘‘(4) ANNUAL REPORT.—Each eligible entity 5 that receives a grant under this section shall submit 6 to the Secretary an annual report including data on 7 the entity’s progress on the performance indicators 8 described in subsection (d)(2)(G). 9 ‘‘(d) APPLICATION.— 10 ‘‘(1) IN GENERAL.—An eligible entity that de- 11 sires a grant under this section shall submit an ap- 12 plication to the Secretary at such time, in such man- 13 ner, and containing such information as the Sec- 14 retary may reasonably require. 15 ‘‘(2) CONTENTS.—Each application submitted 16 under paragraph (1) shall include, at a minimum, a 17 description of the following: 18 ‘‘(A) How the eligible entity will use funds 19 awarded under this section to carry out the ac- 20 tivities described in subsection (e)(1). 21 ‘‘(B) The role of each entity that com- 22 prises the eligible entity in meeting the pur- 23 poses of this section, including the external 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 248 •S 1094 IS partner’s capacity and record of success in sec- 1 ondary school reform. 2 ‘‘(C) How the eligible entity will sustain 3 the activities proposed, including the availability 4 of funds from non-Federal sources and coordi- 5 nation with other Federal, State, and local 6 funds. 7 ‘‘(D) How the eligible entity conducted a 8 comprehensive needs analysis and capacity as- 9 sessment of the eligible secondary schools 10 served by the eligible entity to identify sec- 11 ondary schools proposed to be served by the 12 grant. The needs analysis and capacity assess- 13 ment shall include the following: 14 ‘‘(i) An examination of each secondary 15 school’s data in the aggregate, and 16 disaggregated by each of the subgroups of 17 students described in section 18 1111(a)(2)(B)(x), on the following: 19 ‘‘(I) Graduation rates and char- 20 acteristics of those students who are 21 not graduating, including such stu- 22 dents’ attendance, behavior, expulsion 23 rates, suspension rates, course per- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 249 •S 1094 IS formance, and credit accumulation 1 rates. 2 ‘‘(II) Rates of dropout recovery 3 (re-entry). 4 ‘‘(III) Rates of enrollment and 5 remediation in institutions of higher 6 education, in accordance with section 7 1111(d)(3)(B)(viii). 8 ‘‘(IV) The percentage of students 9 who are 2 or more years over-aged or 10 under-credited for their grade level. 11 ‘‘(ii) An examination of each eligible 12 secondary school and feeder middle 13 school’s data in the aggregate, and 14 disaggregated by each of the subgroups of 15 students described in section 16 1111(a)(2)(B)(x), as applicable, on the fol- 17 lowing: 18 ‘‘(I) Student academic achieve- 19 ment, including the percentage of stu- 20 dents who have on-time credit accu- 21 mulation at the end of each grade and 22 the percentage of students failing a 23 core, credit-bearing, reading or lan- 24 guage arts, science, or mathematics 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 250 •S 1094 IS course, or failing 2 or more of any 1 courses. 2 ‘‘(II) The percentage of students 3 who have an attendance rate lower 4 than 90 percent. 5 ‘‘(III) Annual rates of expulsions, 6 suspensions, school violence, harass- 7 ment, and bullying, as defined under 8 State or local laws or policies. 9 ‘‘(IV) Annual, average credit ac- 10 cumulation. 11 ‘‘(V) Annual, average attendance 12 rates. 13 ‘‘(VI) Annual rates of students 14 who move in and out of the school 15 within a school year. 16 ‘‘(VII) Annual, average rates of 17 enrollment in and completion of ad- 18 vanced coursework, including opportu- 19 nities to earn postsecondary credit 20 while in high school, such as Ad- 21 vanced Placement and International 22 Baccalaureate courses and exams, 23 dual enrollment, and early college. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 251 •S 1094 IS ‘‘(VIII) Curriculum alignment 1 with college and career ready stand- 2 ards across all grade levels. 3 ‘‘(IX) The non-academic barriers 4 that impact student achievement and 5 the available support services to ad- 6 dress such barriers. 7 ‘‘(X) The number and percentage 8 of students who do not transition 9 from grade 8 to grade 9 and who have 10 not transferred to and enrolled in a 11 school outside of the local educational 12 agency within the State or out of the 13 State. 14 ‘‘(iii) An examination, including a de- 15 scription, of each eligible secondary 16 school’s capacity to implement the school 17 reform activities described under sub- 18 section (e)(3), including— 19 ‘‘(I) the capacity and experience 20 levels of administrative, instructional, 21 and noninstructional staff; 22 ‘‘(II) the budget, including how 23 Federal, State, and local funds are 24 being spent (as of the time of the as- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00251 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 252 •S 1094 IS sessment) and can be better spent; 1 and 2 ‘‘(III) the technical assistance, 3 additional resources, and staff nec- 4 essary to implement the activities 5 identified in subsection (e)(3). 6 ‘‘(iv) An assessment of the capacity of 7 the eligible entity to provide technical as- 8 sistance and resources to implement the 9 activities described in subsection (e). 10 ‘‘(E) The rationale for the strategies cho- 11 sen to be implemented under subsection (e), in- 12 cluding how such strategies will address the 13 needs identified through the needs analysis. 14 ‘‘(F) How the eligible entity will incor- 15 porate students with disabilities, English learn- 16 ers, and struggling students into the activities 17 under subsection (e). 18 ‘‘(G) The performance indicators and tar- 19 gets the eligible entity will use to assess the ef- 20 fectiveness of the activities implemented under 21 this section including— 22 ‘‘(i) graduation rates; 23 ‘‘(ii) dropout recovery (re-entry) rates; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 253 •S 1094 IS ‘‘(iii) percentage of students with less 1 than a 90 percent attendance rate; 2 ‘‘(iv) percentage of students who have 3 on-time credit accumulation at the end of 4 each grade and the percentage of students 5 failing a core subject course; 6 ‘‘(v) rates of expulsions, suspensions, 7 school violence, harassment, and bullying, 8 as defined under State or local laws or 9 policies; 10 ‘‘(vi) annual, average attendance 11 rates; 12 ‘‘(vii) annual rates of student mobil- 13 ity; 14 ‘‘(viii) annual rates of student trans- 15 fers; 16 ‘‘(ix) college remediation, enrollment, 17 persistence, and completion rates; and 18 ‘‘(x) percentage of students success- 19 fully— 20 ‘‘(I) completing Advanced Place- 21 ment or International Baccalaureate 22 courses; 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 254 •S 1094 IS ‘‘(II) completing rigorous post- 1 secondary education courses while at- 2 tending a secondary school; or 3 ‘‘(III) enrolling in and com- 4 pleting, career and technical edu- 5 cation, as defined in section 3 of the 6 Carl D. Perkins Career and Technical 7 Education Act of 2006 (20 U.S.C. 8 2302) or a program that leads to an 9 apprenticeship registered under the 10 Act of August 16, 1937 (commonly 11 known as the ‘National Apprentice- 12 ship Act’; 50 Stat. 664, chapter 663; 13 29 U.S.C. 50 et seq.). 14 ‘‘(e) REQUIRED USES OF FUNDS.— 15 ‘‘(1) IN GENERAL.—An eligible entity that re- 16 ceives a grant under this section shall use the grant 17 funds to— 18 ‘‘(A) implement an early warning indicator 19 system to help high schools and feeder middle 20 schools, served by the eligible entity’s local edu- 21 cational agency, to identify struggling students 22 and create a system of evidence-based interven- 23 tions, by— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 255 •S 1094 IS ‘‘(i) identifying and analyzing the aca- 1 demic and non-academic risk factors that 2 most reliably predict dropouts by using 3 longitudinal data of past cohorts of stu- 4 dents; 5 ‘‘(ii) identifying specific indicators of 6 student progress and performance, such as 7 attendance and chronic absenteeism, aca- 8 demic performance in core courses, and 9 credit accumulation, to guide decision- 10 making; 11 ‘‘(iii) identifying or developing a 12 mechanism for regularly collecting and 13 analyzing data about the impact of inter- 14 ventions on the indicators of student 15 progress and performance; 16 ‘‘(iv) analyzing academic indicators to 17 determine whether students are making 18 sufficient academic growth to graduate sec- 19 ondary school in the standard numbers of 20 years; and 21 ‘‘(v) identifying and implementing 22 strategies for pairing academic support 23 with integrated student services and case- 24 management interventions for students re- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 256 •S 1094 IS quiring intensive supports, which may in- 1 clude partnerships with other external 2 partners; 3 ‘‘(B) provide support and credit recovery 4 opportunities for struggling students, including 5 those who are over-aged and under-credited, at 6 secondary schools served by the eligible entity 7 by offering activities, such as— 8 ‘‘(i) a flexible school schedule; 9 ‘‘(ii) competency-based learning mod- 10 els and performance-based assessments; 11 and 12 ‘‘(iii) the provision of support services; 13 ‘‘(C) provide dropout recovery or re-entry 14 programs to secondary schools that are de- 15 signed to encourage and support dropouts re- 16 turning to an educational system, program, or 17 institution following an extended absence in 18 order to graduate college and career ready; 19 ‘‘(D) provide evidence-based grade and 20 school transition programs and supports, in- 21 cluding through curricula alignment; and 22 ‘‘(E) provide school leaders, instructional 23 staff, noninstructional staff, students, and fami- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00256 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 257 •S 1094 IS lies with high-quality, easily accessible and 1 timely information about— 2 ‘‘(i) secondary school graduation re- 3 quirements; 4 ‘‘(ii) postsecondary education applica- 5 tion processes; 6 ‘‘(iii) postsecondary admissions proc- 7 esses and requirements, including public fi- 8 nancial aid and other available private 9 scholarship and grant aid opportunities; 10 and 11 ‘‘(iv) other programs and services for 12 increasing rates of college access and suc- 13 cess for students from low-income families. 14 ‘‘(2) REQUIRED USE OF FUNDS IN FEEDER 15 MIDDLE SCHOOLS.—An eligible entity that receives a 16 grant under this section shall use the grant funds in 17 feeder middle schools to improve the academic 18 achievement of students and prepare students to 19 graduate college and career ready by— 20 ‘‘(A) using early warning indicator and 21 intervention systems described in paragraph 22 (1)(A); 23 ‘‘(B) creating a personalized learning envi- 24 ronment; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 258 •S 1094 IS ‘‘(C) implementing a transition strategy to 1 support the successful transition of students be- 2 tween grades, including encouraging collabora- 3 tion among elementary, middle, and secondary 4 school grades; 5 ‘‘(D) providing high-quality professional 6 development opportunities to school leaders, 7 teachers, and other school staff to prepare staff 8 to— 9 ‘‘(i) address the academic challenges 10 of students in middle grades; 11 ‘‘(ii) understand the developmental 12 needs of students in the middle grades and 13 how to address those needs in an edu- 14 cational setting; 15 ‘‘(iii) implement data-driven interven- 16 tions; and 17 ‘‘(iv) provide academic guidance to 18 students so that students can graduate on 19 college and career ready; and 20 ‘‘(E) implementing organizational practices 21 and school schedules that allow for collaborative 22 staff participation, team teaching, and common 23 instructional planning time. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00258 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 259 •S 1094 IS ‘‘(3) REQUIRED USE OF FUNDS IN ELIGIBLE 1 SECONDARY SCHOOLS.—An eligible entity that re- 2 ceives a grant under this section shall use the grant 3 funds in eligible secondary schools to implement a 4 comprehensive approach that will— 5 ‘‘(A) personalize the school experience by 6 taking steps such as— 7 ‘‘(i) creating opportunities for strug- 8 gling students to receive personalized in- 9 struction, including providing a personal- 10 ized sequence of instructional content and 11 skills development, and opportunities for 12 credit recovery; 13 ‘‘(ii) implementing competency-based 14 learning models; and 15 ‘‘(iii) providing ongoing evaluation of 16 student academic achievement and the nec- 17 essary supports so that students graduate 18 college and career ready; 19 ‘‘(B) increase student engagement by pro- 20 viding applied learning opportunities; 21 ‘‘(C) provide school leaders with autonomy 22 through a flexible budget and staffing author- 23 ity; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 260 •S 1094 IS ‘‘(D) implement high-quality, evidence- 1 based professional development for teachers and 2 school leaders, provide increased opportunities 3 for teachers to work collaboratively, and im- 4 prove instruction; 5 ‘‘(E) improve curriculum and instruction, 6 by— 7 ‘‘(i) redesigning academic content and 8 instructional practices to align with high 9 academic standards for all students, the 10 criteria associated with admission to and 11 success in postsecondary education, and 12 the skills necessary to be successful in the 13 workplace; 14 ‘‘(ii) increasing rigor by providing op- 15 portunities to earn postsecondary credit 16 while in high school, including through Ad- 17 vanced Placement or International Bacca- 18 laureate courses, dual enrollment, and 19 early college; and 20 ‘‘(iii) implementing competency-based 21 learning models; 22 ‘‘(F) strengthen the transition between 23 high school and postsecondary education 24 through activities such as— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00260 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 261 •S 1094 IS ‘‘(i) providing academic and career 1 counseling in student-to-counselor ratios 2 that allow students to make informed deci- 3 sions about academic and career options; 4 ‘‘(ii) provide high-quality college and 5 career exploration opportunities including 6 college campus visits; 7 ‘‘(iii) coordinating secondary and 8 postsecondary support services, and aca- 9 demic calendars, to allow students to visit 10 and take courses at institutions of higher 11 education; and 12 ‘‘(iv) providing academic and support 13 services, including financial aid counseling 14 for postsecondary education; and 15 ‘‘(G) implement not less than 1 of the fol- 16 lowing effective secondary school reform strate- 17 gies to prepare students for college and a ca- 18 reer, and to improve graduation rates: 19 ‘‘(i) Graduation Promise Academies, 20 which include— 21 ‘‘(I) 9th grade academies taught 22 by teams of teachers who work with 23 small groups of students; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 262 •S 1094 IS ‘‘(II) career academies for upper 1 grades; 2 ‘‘(III) extended learning periods, 3 such as block scheduling, to reduce 4 the number of students for whom 5 teachers are responsible and the num- 6 ber of courses students are taking at 7 any one time; 8 ‘‘(IV) an after-hours credit recov- 9 ery program; 10 ‘‘(V) curriculum coaches who 11 provide high-quality professional de- 12 velopment and support; 13 ‘‘(VI) partnerships among par- 14 ents, teachers, administrators, com- 15 munity-based organizations, and com- 16 munity members focused on improving 17 student achievement; and 18 ‘‘(VII) a college-going culture, in- 19 cluding student supports and guid- 20 ance. 21 ‘‘(ii) Career academies, which imple- 22 ment a college and career ready curriculum 23 that integrates rigorous academics, career 24 and technical education, and experiential 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 263 •S 1094 IS learning for high school students in high- 1 skill, high-demand industries, in collabora- 2 tion with local and regional employers. 3 ‘‘(iii) Dual enrollment programs that 4 provide dual enrollment opportunities with 5 college credit-bearing courses, including ac- 6 celerated certificate programs with commu- 7 nity colleges or other recognized postsec- 8 ondary credentials. 9 ‘‘(iv) Early college high schools that 10 design curricula and sequences of courses 11 in collaboration with teachers from the eli- 12 gible secondary school and faculty from the 13 partner institution of higher education so 14 that students may simultaneously earn 15 credits towards a high school diploma and 16 either an associate degree or transferable 17 postsecondary education credits toward a 18 postsecondary degree at no cost to stu- 19 dents or their families. 20 ‘‘(f) ALLOWABLE USES OF FUNDS.—An eligible enti- 21 ty that receives a grant under this section may use grant 22 funds to— 23 ‘‘(1) improve parent and family engagement in 24 the educational attainment and achievement of 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00263 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 264 •S 1094 IS struggling students and dropouts to be college and 1 career ready by— 2 ‘‘(A) leveraging community-based services 3 and opportunities; and 4 ‘‘(B) providing parents and families with 5 the necessary information, including data on 6 their child’s academic achievement and how to 7 navigate the public school system; 8 ‘‘(2) provide extended learning opportunities, by 9 extending the school day, week, or year to increase 10 the total number of school hours to include addi- 11 tional time for instruction in academic subjects and 12 enrichment activities that contribute to a well-round- 13 ed education; 14 ‘‘(3) increase student supports through activi- 15 ties such as student advisories, school counseling op- 16 portunities, and one-to-one mentoring; and 17 ‘‘(4) create smaller learning communities. 18 ‘‘(g) MATCHING FUNDS.— 19 ‘‘(1) IN GENERAL.—An eligible entity that re- 20 ceives a grant under this section shall provide 21 matching funds, from non-Federal sources, in an 22 amount equal to not less than 20 percent of the 23 amount of grant funds awarded in the first 3 years 24 of the grant, not less than 50 percent of the amount 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00264 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 265 •S 1094 IS awarded in the fourth year of the grant, and not less 1 than 75 percent of the amount awarded in the fifth 2 year of the grant, as applicable. 3 ‘‘(2) WAIVER.—The Secretary may waive all or 4 part of the matching requirement described in para- 5 graph (1) for a fiscal year for an eligible entity, on 6 a case-by-case basis, if the Secretary determines that 7 applying the matching requirement to such eligible 8 entity would result in serious hardship or an inabil- 9 ity to carry out the authorized activities described in 10 subsection (e). 11 ‘‘(h) SUPPLEMENT NOT SUPPLANT.—An eligible en- 12 tity shall use Federal funds received under this section 13 only to supplement the funds that would, in the absence 14 of such Federal funds, be made available from other Fed- 15 eral and non-Federal sources for the activities described 16 in this section, and not to supplant such funds. 17 ‘‘Subpart 2—Accelerated Learning 18 ‘‘SEC. 1221. PURPOSES. 19 ‘‘The purposes of this subpart are— 20 ‘‘(1) to raise student academic achievement 21 by— 22 ‘‘(A) increasing the number of teachers 23 serving high-need schools who are qualified to 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00265 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 266 •S 1094 IS teach Advanced Placement or International 1 Baccalaureate courses; and 2 ‘‘(B) increasing the number of students at- 3 tending high-need schools who— 4 ‘‘(i) enroll and succeed in Advanced 5 Placement or International Baccalaureate 6 courses; and 7 ‘‘(ii) take Advanced Placement or 8 International Baccalaureate examinations; 9 ‘‘(2) to increase, and to support statewide and, 10 as applicable, districtwide, efforts to increase the 11 availability of, and enrollment in, Advanced Place- 12 ment or International Baccalaureate courses, and 13 pre-Advanced Placement or pre-International Bacca- 14 laureate courses, in high-need schools; and 15 ‘‘(3) to provide high-quality professional devel- 16 opment for teachers of Advanced Placement or 17 International Baccalaureate courses, and pre-Ad- 18 vanced Placement or pre-International Bacca- 19 laureate courses, in high-need schools. 20 ‘‘SEC. 1222. FUNDING DISTRIBUTION RULE. 21 ‘‘From amounts appropriated to carry out this sub- 22 part for a fiscal year, the Secretary shall give priority to 23 funding activities under section 1223 and shall distribute 24 any remaining funds under section 1224. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 267 •S 1094 IS ‘‘SEC. 1223. ADVANCED PLACEMENT AND INTERNATIONAL 1 BACCALAUREATE EXAMINATION FEE PRO- 2 GRAM. 3 ‘‘(a) GRANTS AUTHORIZED.—From amounts made 4 available to carry out this subpart for a fiscal year, the 5 Secretary shall award grants to State educational agencies 6 having applications approved under this section to enable 7 the State educational agencies to pay, on behalf of low- 8 income students, part or all of the costs of Advanced 9 Placement or International Baccalaureate examination 10 fees, if the low-income students— 11 ‘‘(1) are enrolled in an Advanced Placement or 12 International Baccalaureate course; and 13 ‘‘(2) plan to take an Advanced Placement or 14 International Baccalaureate examination. 15 ‘‘(b) AWARD BASIS.—In determining the amount of 16 the grant awarded to a State educational agency under 17 this section for a fiscal year, the Secretary shall consider 18 the number of children eligible to be counted under section 19 1124(c) in the State in relation to the number of such 20 children so counted in all States. 21 ‘‘(c) INFORMATION DISSEMINATION.—A State edu- 22 cational agency that is awarded a grant under this section 23 shall make publicly available information regarding the 24 availability of Advanced Placement or International Bac- 25 calaureate examination fee payments under this section, 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00267 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 268 •S 1094 IS and shall disseminate such information to eligible sec- 1 ondary school students and parents, including through 2 secondary school teachers and counselors. 3 ‘‘(d) APPLICATIONS.—Each State educational agency 4 desiring to receive a grant under this section shall submit 5 an application to the Secretary at such time, in such man- 6 ner, and accompanied by such information as the Sec- 7 retary may require. At a minimum, each State educational 8 agency application shall— 9 ‘‘(1) describe the Advanced Placement or Inter- 10 national Baccalaureate examination fees the State 11 educational agency will pay on behalf of low-income 12 students in the State from grant funds awarded 13 under this section; 14 ‘‘(2) provide an assurance that any grant funds 15 awarded under this section shall be used only to pay 16 for Advanced Placement or International Bacca- 17 laureate examination fees; and 18 ‘‘(3) contain such information as the Secretary 19 may require to demonstrate that the State edu- 20 cational agency will ensure that a student is eligible 21 for payments authorized under this section, includ- 22 ing ensuring that the student is a low-income stu- 23 dent. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00268 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 269 •S 1094 IS ‘‘(e) REGULATIONS.—The Secretary shall prescribe 1 such regulations as are necessary to carry out this section. 2 ‘‘(f) REPORT.— 3 ‘‘(1) IN GENERAL.—Each State educational 4 agency awarded a grant under this section shall, 5 with respect to each Advanced Placement or Inter- 6 national Baccalaureate course subject, annually re- 7 port to the Secretary the following data for the pre- 8 ceding year: 9 ‘‘(A) The number of students in the State 10 who are taking an Advanced Placement or 11 International Baccalaureate course in such sub- 12 ject. 13 ‘‘(B) The number of Advanced Placement 14 or International Baccalaureate examinations 15 taken by students in the State who have taken 16 an Advanced Placement or International Bacca- 17 laureate course in such subject. 18 ‘‘(C) The number of students in the State 19 scoring at each level on Advanced Placement or 20 International Baccalaureate examinations in 21 such subject, disaggregated by each of the sub- 22 groups of students described in section 23 1111(a)(2)(B)(x). 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00269 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 270 •S 1094 IS ‘‘(D) Demographic information regarding 1 students in the State taking Advanced Place- 2 ment or International Baccalaureate courses 3 and Advanced Placement or International Bac- 4 calaureate examinations in that subject, 5 disaggregated by race, ethnicity, sex, English 6 proficiency status, and socioeconomic status. 7 ‘‘(2) REPORT TO CONGRESS.—The Secretary 8 shall annually compile the information received from 9 each State educational agency under paragraph (1) 10 and report to the authorizing committees regarding 11 the information. 12 ‘‘(g) BUREAU OF INDIAN AFFAIRS AS STATE EDU- 13 CATIONAL AGENCY.—For purposes of this section, the Bu- 14 reau of Indian Affairs shall be treated as a State edu- 15 cational agency. 16 ‘‘SEC. 1224. ADVANCED PLACEMENT AND INTERNATIONAL 17 BACCALAUREATE INCENTIVE PROGRAM 18 GRANTS. 19 ‘‘(a) GRANTS AUTHORIZED.— 20 ‘‘(1) IN GENERAL.—From amounts made avail- 21 able to carry out this subpart for a fiscal year, the 22 Secretary shall award grants, on a competitive basis, 23 to eligible entities to enable such entities to carry 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00270 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 271 •S 1094 IS out the authorized activities described in subsection 1 (e). 2 ‘‘(2) DURATION, RENEWAL, AND PAYMENTS.— 3 ‘‘(A) DURATION.—The Secretary shall 4 award a grant under this section for a period 5 of not more than 3 years. 6 ‘‘(B) RENEWAL.—The Secretary may 7 renew a grant awarded under this section for 8 an additional period of not more than 2 years, 9 if an eligible entity— 10 ‘‘(i) is achieving the objectives of the 11 grant; and 12 ‘‘(ii) has shown improvement against 13 baseline data on the performance measures 14 described in subparagraphs (A) through 15 (E) of subsection (g)(1). 16 ‘‘(C) PAYMENTS.—The Secretary shall 17 make grant payments under this section on an 18 annual basis. 19 ‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this sec- 20 tion, the term ‘eligible entity’ means— 21 ‘‘(1) a State educational agency; 22 ‘‘(2) a high-need local educational agency; or 23 ‘‘(3) a partnership consisting of— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00271 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 272 •S 1094 IS ‘‘(A) a national, regional, or statewide pub- 1 lic or nonprofit organization with expertise and 2 experience in providing Advanced Placement or 3 International Baccalaureate course services; 4 and 5 ‘‘(B) a State educational agency or a high- 6 need local educational agency. 7 ‘‘(c) APPLICATION.— 8 ‘‘(1) IN GENERAL.—Each eligible entity desir- 9 ing a grant under this section shall submit an appli- 10 cation to the Secretary at such time, in such man- 11 ner, and accompanied by such information as the 12 Secretary may require. 13 ‘‘(2) CONTENTS.—The application shall, at a 14 minimum, include a description of— 15 ‘‘(A) the goals and objectives for the 16 project supported by the grant under this sec- 17 tion, including— 18 ‘‘(i) increasing the number of teachers 19 serving high-need schools who are qualified 20 to teach Advanced Placement or Inter- 21 national Baccalaureate courses; 22 ‘‘(ii) increasing the number of Ad- 23 vanced Placement or International Bacca- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00272 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 273 •S 1094 IS laureate courses that are offered at high- 1 need schools; and 2 ‘‘(iii) increasing the number of stu- 3 dents attending a high-need school, par- 4 ticularly low-income students, who succeed 5 in— 6 ‘‘(I) Advanced Placement or 7 International Baccalaureate courses; 8 and 9 ‘‘(II) if offered by the school, 10 pre-Advanced Placement or pre-Inter- 11 national Baccalaureate courses; 12 ‘‘(B) how the eligible entity will ensure 13 that students have access to courses, including 14 pre-Advanced Placement or pre-International 15 Baccalaureate courses, that will prepare stu- 16 dents to enroll and succeed in Advanced Place- 17 ment or International Baccalaureate courses; 18 ‘‘(C) how the eligible entity will provide 19 professional development for teachers that will 20 further the goals and objectives of the grant 21 project; 22 ‘‘(D) how the eligible entity will ensure 23 that teachers serving high-need schools are 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 274 •S 1094 IS qualified to teach Advanced Placement or Inter- 1 national Baccalaureate courses; 2 ‘‘(E) how the eligible entity will provide for 3 the involvement of business and community or- 4 ganizations and other entities, including institu- 5 tions of higher education, in carrying out the 6 activities described in subsection (e); 7 ‘‘(F) how the eligible entity will use funds 8 received under this section; and 9 ‘‘(G) how the eligible entity will evaluate 10 the outcome of the grant project. 11 ‘‘(d) PRIORITY.—In awarding grants under this sec- 12 tion, the Secretary shall give priority to applications from 13 eligible entities that— 14 ‘‘(1) are part of a statewide or districtwide 15 strategy, as applicable, for increasing the availability 16 of Advanced Placement or International Bacca- 17 laureate courses, and pre-Advanced Placement or 18 pre-International Baccalaureate courses, in high- 19 need schools; 20 ‘‘(2) demonstrate a focus on increasing the 21 availability of Advanced Placement or International 22 Baccalaureate courses in core academic subjects; 23 and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00274 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 275 •S 1094 IS ‘‘(3) propose to carry out activities that target 1 high-need schools. 2 ‘‘(e) AUTHORIZED ACTIVITIES.— 3 ‘‘(1) IN GENERAL.—Each eligible entity that re- 4 ceives a grant under this section shall use the grant 5 funds to carry out activities designed to increase— 6 ‘‘(A) the number of teachers serving high- 7 need schools who are qualified to teach Ad- 8 vanced Placement or International Bacca- 9 laureate courses; and 10 ‘‘(B) the number of students attending 11 high-need schools who succeed in the examina- 12 tions for such courses, including through reim- 13 bursing low-income students attending high- 14 need schools for part or all of the cost of Ad- 15 vanced Placement or International Bacca- 16 laureate examination fees. 17 ‘‘(2) ALLOWABLE ACTIVITIES.—In addition to 18 the activities described in paragraph (1), an eligible 19 entity that receives a grant under this section may 20 use grant funds for— 21 ‘‘(A) high-quality teacher professional de- 22 velopment, in order to expand the pool of teach- 23 ers in the participating State, high-need local 24 educational agency, or high-need school who are 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00275 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 276 •S 1094 IS qualified to teach Advanced Placement or Inter- 1 national Baccalaureate courses, including 2 through innovative models, such as online acad- 3 emies and training institutes; 4 ‘‘(B) pre-Advanced Placement or pre-Inter- 5 national Baccalaureate teacher and counselor 6 high-quality professional development in sec- 7 ondary school to prepare students for success in 8 Advanced Placement or International Bacca- 9 laureate courses and in institutions of higher 10 education; 11 ‘‘(C) coordination and articulation between 12 grade levels to prepare students to succeed in 13 Advanced Placement or International Bacca- 14 laureate courses; 15 ‘‘(D) purchase of instructional materials 16 for Advanced Placement or International Bac- 17 calaureate courses; 18 ‘‘(E) activities to increase the availability 19 of, and participation in, online Advanced Place- 20 ment or International Baccalaureate courses; 21 ‘‘(F) carrying out the requirements of sub- 22 section (g); and 23 ‘‘(G) in the case of an eligible entity de- 24 scribed in subsection (b)(1), awarding sub- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00276 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 277 •S 1094 IS grants to high-need local educational agencies 1 to enable the high-need local educational agen- 2 cies to carry out authorized activities described 3 in subparagraphs (A) through (F). 4 ‘‘(f) CONTRACTS.—An eligible entity that is awarded 5 a grant to provide online Advanced Placement or Inter- 6 national Baccalaureate courses under this subpart may 7 enter into a contract with an organization to provide the 8 online Advanced Placement or International Bacca- 9 laureate courses, including contracting for necessary sup- 10 port services. 11 ‘‘(g) COLLECTING AND REPORTING REQUIRE- 12 MENTS.— 13 ‘‘(1) REPORT.—Each eligible entity receiving a 14 grant under this section shall collect and report to 15 the Secretary annually such data regarding the re- 16 sults of the grant as the Secretary may reasonably 17 require, including— 18 ‘‘(A) the number of students served by the 19 eligible entity enrolling in Advanced Placement 20 or International Baccalaureate courses, and 21 pre-Advanced Placement or pre-International 22 Baccalaureate courses, disaggregated by grade 23 level of the student, and the grades received by 24 such students in the courses; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00277 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 278 •S 1094 IS ‘‘(B) the number of students taking an Ad- 1 vanced Placement or International Bacca- 2 laureate examination and the distribution of 3 scores on those examinations, disaggregated by 4 the grade level of the student at the time of ex- 5 amination; 6 ‘‘(C) the number of teachers who are cur- 7 rently, as of the date of the report, receiving 8 training to teach Advanced Placement or Inter- 9 national Baccalaureate courses and will teach 10 such courses in the next school year; 11 ‘‘(D) the number of teachers becoming 12 qualified to teach Advanced Placement or Inter- 13 national Baccalaureate courses; and 14 ‘‘(E) the number of qualified teachers who 15 are teaching Advanced Placement or Inter- 16 national Baccalaureate courses in high-need 17 schools served by the eligible entity. 18 ‘‘(2) REPORTING OF DATA.—Each eligible enti- 19 ty receiving a grant under this section shall report 20 the data required under paragraph (1)— 21 ‘‘(A) disaggregated by subject area; 22 ‘‘(B) in the case of student data, 23 disaggregated in the same manner as informa- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00278 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 279 •S 1094 IS tion is disaggregated under section 1 1111(a)(2)(B)(x); and 2 ‘‘(C) in a manner that allows for an as- 3 sessment of the effectiveness of the grant pro- 4 gram. 5 ‘‘(h) EVALUATION.—From the amount appropriated 6 for this subpart and reserved for evaluation activities in 7 accordance with section 9601(a), the Secretary, acting 8 through the Director of the Institute of Education 9 Sciences, shall, in consultation with the relevant program 10 office at the Department, evaluate the implementation and 11 impact of the activities supported under this section, con- 12 sistent with section 9601, including progress as measured 13 by the performance measures established under subpara- 14 graphs (A) through (E) of subsection (g)(1). 15 ‘‘(i) MATCHING REQUIREMENT.— 16 ‘‘(1) IN GENERAL.—Subject to paragraph (3), 17 each eligible entity that receives a grant under this 18 section shall provide toward the cost of the activities 19 assisted under the grant, from non-Federal sources, 20 an amount equal to 100 percent of the amount of 21 the grant, except that an eligible entity that is a 22 high-need local educational agency shall provide an 23 amount equal to not more than 50 percent of the 24 amount of the grant. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00279 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 280 •S 1094 IS ‘‘(2) MATCHING FUNDS.—The eligible entity 1 may provide the matching funds described in para- 2 graph (1) in cash or in-kind, fairly evaluated, but 3 may not provide more than 50 percent of the match- 4 ing funds in-kind. The eligible entity may provide 5 the matching funds from State, local, or private 6 sources. 7 ‘‘(3) WAIVER.—The Secretary may waive all or 8 part of the matching requirement described in para- 9 graph (1) for any fiscal year for an eligible entity 10 described in paragraph (1) or (2) of subsection (b), 11 if the Secretary determines that applying the match- 12 ing requirement to such eligible entity would result 13 in serious hardship or an inability to carry out the 14 authorized activities described in subsection (e). 15 ‘‘SEC. 1225. SUPPLEMENT, NOT SUPPLANT. 16 ‘‘Grant funds provided under this subpart shall sup- 17 plement, and not supplant, other non-Federal funds that 18 are available to assist low-income students to pay for the 19 cost of Advanced Placement or International Bacca- 20 laureate examination fees or to expand access to Advanced 21 Placement or International Baccalaureate courses, and 22 pre-Advanced Placement or pre-International Bacca- 23 laureate courses. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00280 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 281 •S 1094 IS ‘‘SEC. 1226. DEFINITIONS. 1 ‘‘In this subpart: 2 ‘‘(1) HIGH-NEED SCHOOL.—The term ‘high- 3 need school’ means a secondary school— 4 ‘‘(A) with a demonstrated need for Ad- 5 vanced Placement or International Bacca- 6 laureate courses; and 7 ‘‘(B) that— 8 ‘‘(i) has a high concentration of low- 9 income students; or 10 ‘‘(ii) is designated with a school locale 11 code of 33, 41, 42, or 43, as determined 12 by the Secretary. 13 ‘‘(2) LOW-INCOME STUDENT.—The term ‘low- 14 income student’ means a student who is eligible for 15 free or reduced-price lunch under the Richard B. 16 Russell National School Lunch Act (42 U.S.C. 1751 17 et seq.).’’. 18 PART C—EDUCATION OF MIGRATORY CHILDREN 19 SEC. 1301. PROGRAM PURPOSE. 20 Section 1301 (20 U.S.C. 6391) is amended to read 21 as follows: 22 ‘‘SEC. 1301. PROGRAM PURPOSE. 23 ‘‘It is the purpose of this part to assist States in pro- 24 viding high-quality and comprehensive educational pro- 25 grams (including, as appropriate, instructional and educa- 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00281 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 282 •S 1094 IS tionally related support services), during the regular 1 school year and summer or intersession periods, that ad- 2 dress the unique educational needs of migratory children 3 arising from their migratory lifestyle, in order to help such 4 children— 5 ‘‘(1) succeed in school; 6 ‘‘(2) meet the same State college and career 7 ready academic content and student academic 8 achievement standards under section 1111(a)(1) 9 that all children are expected to meet; 10 ‘‘(3) graduate high school ready for postsec- 11 ondary education and careers; and 12 ‘‘(4) overcome educational disruption, cultural 13 and language barriers, social isolation, various 14 health-related problems, and other factors that in- 15 hibit the ability of such children to succeed in 16 school.’’. 17 SEC. 1302. PROGRAM AUTHORIZED. 18 Section 1302 (20 U.S.C. 6392) is amended— 19 (1) by striking ‘‘In order to carry out the pur- 20 pose of this part’’ and inserting ‘‘From the amounts 21 made available under section 3(d) for a fiscal year 22 to carry out this part’’; 23 (2) by striking ‘‘combinations’’ and inserting 24 ‘‘consortia’’; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00282 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 283 •S 1094 IS (3) by striking ‘‘to establish’’ and inserting ‘‘to 1 enable such agencies or consortia to establish’’. 2 SEC. 1303. STATE ALLOCATIONS. 3 Section 1303 (20 U.S.C. 6393) is amended— 4 (1) by striking subsection (a) and inserting the 5 following: 6 ‘‘(a) STATE ALLOCATIONS.—Except as provided in 7 subsection (b), the amount awarded to each State (other 8 than the Commonwealth of Puerto Rico) under this part 9 for each fiscal year shall be an amount equal to the prod- 10 uct of— 11 ‘‘(1) the sum of— 12 ‘‘(A) the average number of identified eligi- 13 ble migratory children aged 3 through 21, re- 14 siding in the State, based on data for the pre- 15 ceding 3 years; and 16 ‘‘(B) the number of identified eligible mi- 17 gratory children, aged 3 through 21, who re- 18 ceived services under this part in summer or 19 intersession programs provided by the State 20 during the previous year; multiplied by 21 ‘‘(2) 40 percent of the average per-pupil ex- 22 penditure in the State, except that the amount cal- 23 culated under this paragraph shall not be less than 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00283 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 284 •S 1094 IS 32 percent, or more than 48 percent, of the average 1 per-pupil expenditure in the United States.’’; 2 (2) by redesignating subsections (b) through (e) 3 as subsections (c) through (f), respectively; 4 (3) by inserting after subsection (a) the fol- 5 lowing: 6 ‘‘(b) HOLD HARMLESS.—Notwithstanding subsection 7 (a), for each of fiscal years 2011 through 2013, no State 8 receiving an allocation under this section shall receive less 9 than 90 percent of the State’s allocation under this section 10 for the previous year.’’; 11 (4) in subsection (c), as redesignated by para- 12 graph (2)— 13 (A) by striking paragraphs (2) and (3); 14 (B) by striking ‘‘PUERTO RICO.—’’ and all 15 that follows through ‘‘For each’’ and inserting 16 the following: ‘‘PUERTO RICO.—For each’’; 17 (C) by redesignating subparagraphs (A) 18 and (B) as paragraphs (1) and (2), respectively, 19 and by aligning such paragraphs with the mar- 20 gins of paragraph (1) of subsection (e), as re- 21 designated by paragraph (2); 22 (D) in the matter preceding paragraph (1), 23 as redesignated by subparagraph (C)— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00284 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 285 •S 1094 IS (i) by striking ‘‘which’’ and inserting 1 ‘‘that’’; and 2 (ii) by striking ‘‘subsection (a)(1)(A)’’ 3 and inserting ‘‘subsection (g)’’; and 4 (E) in paragraph (1), as redesignated by 5 subparagraph (C)— 6 (i) by striking ‘‘which’’ and inserting 7 ‘‘that’’; and 8 (ii) by inserting ‘‘, except that the 9 percentage calculated under this paragraph 10 shall not be less than 85 percent’’ before 11 the semicolon at the end; and 12 (5) in subsection (d), as redesignated by para- 13 graph (2)— 14 (A) in paragraph (1)— 15 (i) by striking ‘‘IN GENERAL.—(A) 16 If,’’ and all that follows through ‘‘this 17 part’’ and inserting the following: ‘‘IN 18 GENERAL.— 19 ‘‘(A) RATABLE REDUCTIONS.—If the 20 amount available for allocations to States under 21 this part’’; and 22 (ii) in subparagraph (B), by striking 23 ‘‘If additional’’ and inserting ‘‘REALLOCA- 24 TION.—If additional’’; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00285 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 286 •S 1094 IS (B) in paragraph (2)— 1 (i) by striking ‘‘SPECIAL RULE.—(A) 2 The’’ and inserting the following: ‘‘SPE- 3 CIAL RULE.— 4 ‘‘(A) FURTHER REDUCTIONS.—The’’; 5 (ii) in subparagraph (A), by striking 6 ‘‘required under section 1304’’ and insert- 7 ing ‘‘needed to carry out the approved ac- 8 tivities in the application under section 9 1304’’; 10 (iii) in subparagraph (B), by striking 11 ‘‘The Secretary shall’’ and inserting ‘‘RE- 12 ALLOCATION.—The Secretary shall’’; and 13 (iv) by adding at the end the fol- 14 lowing: 15 ‘‘(C) ADDITIONAL REQUIREMENTS.—The 16 Secretary— 17 ‘‘(i) shall— 18 ‘‘(I) develop and implement a 19 procedure for monitoring the accuracy 20 of the information described in sub- 21 paragraph (A); and 22 ‘‘(II) issue, through regulations 23 or guidance, criteria for a system of 24 State quality control for the accuracy 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00286 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 287 •S 1094 IS of State counts of eligible migratory 1 children; and 2 ‘‘(ii) may not reduce the amount of a 3 State allocation under this paragraph on 4 the basis of unintentional errors in such 5 counts for States implementing a system of 6 State quality control that meets the cri- 7 teria described in clause (i)(II), if the dis- 8 crepancy between the initial State count 9 and any subsequent revisions is minimal.’’; 10 (6) in subsection (f), as redesignated by para- 11 graph (2)— 12 (A) in the matter preceding paragraph (1), 13 by inserting ‘‘best serve migratory children 14 under this part and’’ after ‘‘In order to’’; 15 (B) in paragraph (1), by striking ‘‘such in- 16 formation as the Secretary finds’’ and inserting 17 ‘‘the most recent information that’’; 18 (C) by redesignating paragraphs (2) 19 through (4) as paragraphs (3) through (5), re- 20 spectively; 21 (D) by inserting after paragraph (1) the 22 following: 23 ‘‘(2) develop and implement a procedure for 24 monitoring the accuracy of such information, if such 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00287 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 288 •S 1094 IS a procedure does not create barriers to the families 1 of migratory children who are eligible for services 2 under this part;’’; 3 (E) in paragraph (3), as redesignated by 4 subparagraph (C), by striking ‘‘develop and im- 5 plement a procedure for more accurately reflect- 6 ing’’ and inserting ‘‘update such procedure, and 7 implement the updated procedure, to more ac- 8 curately reflect the’’; 9 (F) in paragraph (4)(A), as redesignated 10 by subparagraph (C), by inserting ‘‘of high- 11 quality, sustained, and intensive education serv- 12 ices’’ after ‘‘special programs’’; and 13 (G) in paragraph (5), as redesignated by 14 subparagraph (C), by striking ‘‘the child whose 15 education has been interrupted’’ and inserting 16 ‘‘migratory children’’; and 17 (7) by adding at the end the following: 18 ‘‘(g) NONPARTICIPATING STATES.—In the case of a 19 State desiring to receive an allocation under this part for 20 a fiscal year that did not receive an allocation for the pre- 21 vious fiscal year or that has been participating for less 22 than 3 consecutive years, the Secretary shall calculate the 23 State’s number of identified migratory children aged 3 24 through 21 for purposes of subsection (a)(1)(A) by using 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00288 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 289 •S 1094 IS the most recent data available that identifies the migra- 1 tory children residing in the State until data is available 2 to calculate the 3-year average number of such children 3 in accordance with such subsection.’’. 4 SEC. 1304. STATE APPLICATIONS; SERVICES. 5 Section 1304 (20 U.S.C. 6394) is amended— 6 (1) in subsection (b)— 7 (A) in paragraph (1)— 8 (i) in the matter preceding subpara- 9 graph (A)— 10 (I) by striking ‘‘special’’ and in- 11 serting ‘‘unique’’; and 12 (II) by inserting ‘‘and out of 13 school migratory children’’ after ‘‘pre- 14 school migratory children’’; and 15 (ii) in subparagraph (B)— 16 (I) by striking ‘‘migrant’’ and in- 17 serting ‘‘migratory’’; and 18 (II) by striking ‘‘part A or B of 19 title III’’ and inserting ‘‘part A of 20 title III’’; 21 (B) in paragraph (2)— 22 (i) by striking ‘‘migratory students’’ 23 and inserting ‘‘migratory children’’; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00289 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 290 •S 1094 IS (ii) by striking ‘‘same challenging’’ 1 and all that follows through ‘‘standards 2 that’’ and inserting ‘‘same State college 3 and career ready academic content and 4 student academic achievement standards 5 adopted under section 1111(a)(1) that’’; 6 (C) by striking paragraph (6); 7 (D) by redesignating paragraphs (3) 8 through (5) as paragraphs (4) through (6), re- 9 spectively; 10 (E) by inserting after paragraph (2) the 11 following: 12 ‘‘(3) a description of how the State will meet 13 the requirements of section 1308(b) for the timely 14 electronic transfer of student records and how the 15 State will use such records transfer to meet the 16 unique educational needs of migratory students and 17 remove barriers to the proper enrollment and reten- 18 tion of migratory children in schools;’’; 19 (F) in paragraph (4), as redesignated by 20 subparagraph (D)— 21 (i) by striking ‘‘require, the State’’ 22 and inserting ‘‘require and using the link- 23 age system described in section 1308(b), 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00290 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 291 •S 1094 IS the State and each of its local operating 1 agencies’’; 2 (ii) by striking ‘‘another’’ and insert- 3 ing ‘‘another or from 1 school district to 4 another’’; and 5 (iii) by striking ‘‘such move’’ and in- 6 serting ‘‘such a move’’; 7 (G) in paragraph (7)— 8 (i) by striking ‘‘family literacy serv- 9 ices’’ and inserting ‘‘family literacy activi- 10 ties’’; 11 (ii) by striking ‘‘program or project 12 serves’’ and inserting ‘‘programs and 13 projects serve’’; 14 (iii) by striking ‘‘who have parents 15 who’’ and inserting ‘‘whose parents’’; and 16 (iv) by striking the period at the end 17 and inserting ‘‘; and’’; and 18 (H) by adding at the end the following: 19 ‘‘(8) such budgetary and other information as 20 the Secretary may require.’’; 21 (2) in subsection (c)— 22 (A) in paragraph (2), by striking ‘‘part I’’ 23 and inserting ‘‘part F’’; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00291 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 292 •S 1094 IS (B) by striking paragraph (3) and insert- 1 ing the following: 2 ‘‘(3) in the planning and operation of programs 3 and projects at both the State and local agency op- 4 erating levels, there is consultation with parent advi- 5 sory councils for programs of not less than 1 school 6 year in duration, and that all such programs and 7 projects are— 8 ‘‘(A) conducted in a manner that provides 9 for the same parental involvement as is re- 10 quired for programs and projects under section 11 1118, including, to the extent practicable, de- 12 scriptions required for parental involvement 13 under section 1118(a)(3)(A), unless extraor- 14 dinary circumstances make such provision im- 15 practical; and 16 ‘‘(B) are developed in a format and lan- 17 guage understandable to the parents;’’; 18 (C) in paragraph (4), by inserting ‘‘and 19 migratory children who are not attending 20 school’’ before the semicolon at the end; 21 (D) in paragraph (6), by striking subpara- 22 graph (C) and inserting the following: 23 ‘‘(C) family literacy programs that are de- 24 termined to be high quality;’’; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00292 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 293 •S 1094 IS (E) by striking paragraph (7) and insert- 1 ing the following: 2 ‘‘(7) the State has procedures in place to verify 3 the accuracy and completeness of any data regarding 4 the counting of migratory children that is submitted 5 to the Secretary under this part.’’; and 6 (3) in subsection (d)— 7 (A) by striking ‘‘who are failing’’ and all 8 that follows through the period and inserting 9 the following: ‘‘who have made a move within 10 the previous 1-year period and who— 11 ‘‘(1) are failing, or most at risk of failing, to 12 meet the State college and career ready academic 13 content standards and student academic achieve- 14 ment standards adopted under section 1111(a)(1); 15 or 16 ‘‘(2) have dropped out of school.’’; and 17 (B) in subsection (e)— 18 (i) in paragraph (2), by striking ‘‘1’’ 19 and inserting ‘‘one’’; and 20 (ii) in paragraph (3), by striking ‘‘sec- 21 ondary school students’’ and inserting 22 ‘‘students’’. 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00293 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 294 •S 1094 IS SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW. 1 Section 1305(b) (20 U.S.C. 6395(b)) is amended by 2 striking ‘‘may’’ and inserting ‘‘shall, to the extent prac- 3 ticable,’’. 4 SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND 5 SERVICE-DELIVERY PLAN; AUTHORIZED AC- 6 TIVITIES. 7 Section 1306 (20 U.S.C. 6396) is amended— 8 (1) in subsection (a)(1)— 9 (A) in the matter preceding subparagraph 10 (A)— 11 (i) by striking ‘‘special’’ and inserting 12 ‘‘unique’’; and 13 (ii) by inserting ‘‘, consistent with the 14 purposes of this part,’’ after ‘‘migratory 15 children’’; 16 (B) by striking subparagraph (B); 17 (C) by redesignating subparagraphs (C) 18 through (G) as subparagraphs (E) through (I), 19 respectively; 20 (D) by inserting after subparagraph (A) 21 the following: 22 ‘‘(B) addresses the unique educational 23 needs of migratory children; 24 ‘‘(C) is developed in collaboration with par- 25 ents of migratory children; 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00294 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 295 •S 1094 IS ‘‘(D) is not used to supplant State efforts 1 regarding, or administrative funding for, this 2 part;’’; 3 (E) in subparagraph (E), as redesignated 4 by subparagraph (C), by striking ‘‘same chal- 5 lenging’’ and all that follows through ‘‘stand- 6 ards that’’ and inserting ‘‘same State college 7 and career ready academic content and student 8 academic achievement standards adopted under 9 section 1111(a)(1) that’’; and 10 (F) in subparagraph (H), as redesignated 11 by subparagraph (C)— 12 (i) by striking ‘‘early childhood pro- 13 grams,’’ and inserting ‘‘early childhood 14 education programs,’’; and 15 (ii) by striking ‘‘part A or B of title 16 III’’ and inserting ‘‘part A of title III’’; 17 (2) in subsection (b)— 18 (A) in paragraph (1), by striking ‘‘local 19 educational’’ and inserting ‘‘local operating’’; 20 (B) by striking paragraph (2) and insert- 21 ing the following: 22 ‘‘(2) UNMET NEEDS.—Funds provided under 23 this part shall be used to meet the needs of migra- 24 tory children that are not met by services available 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00295 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 296 •S 1094 IS from other Federal or non-Federal programs, except 1 that migratory children who are eligible to receive 2 services under part A may receive those services 3 through funds provided under that part or through 4 funds under this part that remain after the agency 5 meets the needs described in paragraph (1).’’; and 6 (C) in paragraph (4), by striking ‘‘special 7 educational’’ and inserting ‘‘unique edu- 8 cational’’. 9 SEC. 1307. BYPASS. 10 Section 1307 (20 U.S.C. 6397) is amended, in the 11 matter preceding paragraph (1), by striking ‘‘make ar- 12 rangements with’’ and inserting ‘‘award grants to, or 13 enter into contracts with,’’. 14 SEC. 1308. NATIONAL ACTIVITIES. 15 Section 1308 (20 U.S.C. 6398) is amended— 16 (1) by striking the section heading and insert- 17 ing ‘‘NATIONAL ACTIVITIES.’’; 18 (2) in subsection (a)— 19 (A) in paragraph (1)— 20 (i) by striking ‘‘nonprofit entities to 21 improve’’ and inserting the following: ‘‘en- 22 tities to— 23 ‘‘(A) improve’’; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00296 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 297 •S 1094 IS (ii) by inserting ‘‘through’’ before 1 ‘‘the establishment’’; 2 (iii) by striking the period at the end 3 and inserting ‘‘; and’’; and 4 (iv) by adding at the end the fol- 5 lowing: 6 ‘‘(B) improve the coordination between 7 State educational agencies, local operating 8 agencies, and their counterparts in other na- 9 tions in educating migratory children who move 10 between the United States and such nations.’’; 11 and 12 (B) in paragraph (2), by inserting ‘‘or con- 13 tracts’’ after ‘‘Grants’’; 14 (3) in subsection (b)— 15 (A) by striking paragraph (1) and insert- 16 ing the following: 17 ‘‘(1) ASSISTANCE.—In order to determine the 18 number of migratory children in each State, the Sec- 19 retary shall assist each State in maintaining an ef- 20 fective system for the electronic transfer of student 21 records.’’; 22 (B) in paragraph (2)— 23 (i) in subparagraph (A)— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00297 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 298 •S 1094 IS (I) in the matter preceding clause 1 (i), by striking ‘‘The Secretary, in 2 consultation’’ and all that follows 3 through ‘‘may include—’’ and insert- 4 ing the following: ‘‘The Secretary, in 5 consultation with the States, shall 6 continue to ensure the linkage of mi- 7 gratory child record systems for the 8 purpose of electronically exchanging, 9 within and among the States, health 10 and educational information regarding 11 all migratory children eligible under 12 this part. The Secretary shall ensure 13 such linkage occurs in a cost-effective 14 manner, utilizing systems used by the 15 State prior to, or developed after, the 16 date of enactment of the Strength- 17 ening America’s Schools Act of 2013. 18 The Secretary shall determine the 19 minimum data elements that each 20 State receiving funds under this part 21 shall collect, maintain, and exchange, 22 and the requirements of the linkage 23 system that States shall meet for the 24 timely submission of access to such 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00298 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 299 •S 1094 IS information. Such minimum data ele- 1 ments may include—’’; and 2 (II) in clause (ii), by striking 3 ‘‘section 1111(b)’’ and inserting ‘‘sec- 4 tion 1111(a)(2)’’; and 5 (ii) by striking subparagraph (B) and 6 inserting the following: 7 ‘‘(B) CONSULTATION.—The Secretary 8 shall maintain ongoing consultation with the 9 States, local educational agencies, and other mi- 10 gratory student service providers on— 11 ‘‘(i) the effectiveness of the system of 12 electronic records transfer described in 13 subparagraph (A); and 14 ‘‘(ii) the ongoing improvement of such 15 system.’’; and 16 (C) in paragraph (4)— 17 (i) in subparagraph (A)— 18 (I) by striking ‘‘2003’’ and in- 19 serting ‘‘2012, and every 2 years 20 thereafter,’’; and 21 (II) by striking ‘‘the Committee 22 on Health, Education, Labor, and 23 Pensions of the Senate and the Com- 24 mittee on Education and the Work- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00299 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 300 •S 1094 IS force of the House of Representa- 1 tives’’ and inserting ‘‘the authorizing 2 committees’’; and 3 (ii) in subparagraph (B)— 4 (I) in clause (ii), by striking ‘‘the 5 development and linkage of’’ and in- 6 serting ‘‘maintaining’’; and 7 (II) in clause (iii), by striking 8 ‘‘measures that may be taken to en- 9 sure’’ and inserting ‘‘improving’’; 10 (4) by redesignating subsection (c) as sub- 11 section (f), and transferring such subsection so as to 12 follow subsection (e); 13 (5) by inserting after subsection (b) the fol- 14 lowing: 15 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary may 16 provide technical assistance designed to support State ef- 17 forts to meet the needs of migratory children, which may 18 include supporting the attendance of State and local oper- 19 ating agency staff, and other appropriate individuals, at 20 special meetings convened by the Secretary in order to 21 carry out activities consistent with this section.’’; 22 (6) in subsection (d)— 23 (A) by striking ‘‘, pursuant to criteria that 24 the Secretary shall establish,’’; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00300 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 301 •S 1094 IS (B) by striking ‘‘whose education is inter- 1 rupted’’ and inserting ‘‘described in section 2 1304(d)’’; and 3 (7) by striking subsection (e) and inserting the 4 following: 5 ‘‘(e) IMPROVEMENTS AND COORDINATION.—From 6 any funds made available under this section and remaining 7 after carrying out the requirements under subsections (b) 8 and (d), the Secretary, in consultation with the States, 9 may make grants to, or enter into contracts with, State 10 educational agencies, local educational agencies, institu- 11 tions of higher education, and other public and private 12 nonprofit entities to improve the interstate and intrastate 13 coordination among such agencies’ and entities’ programs 14 available to migratory students consistent with this sec- 15 tion, including the establishment or improvement of pro- 16 grams for academic credit accrual and exchange.’’. 17 SEC. 1309. PERFORMANCE DATA; EVALUATIONS AND 18 STUDY; STATE ASSISTANCE. 19 Part C of title I (20 U.S.C. 6391 et seq.) is further 20 amended— 21 (1) by redesignating section 1309 as section 22 1312; and 23 (2) by inserting after section 1308 the fol- 24 lowing: 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00301 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 302 •S 1094 IS ‘‘SEC. 1309. PERFORMANCE DATA. 1 ‘‘Consistent with section 1111(d)(3)(B), and in a 2 manner prescribed by the Secretary, each State that re- 3 ceives a grant under this part shall annually submit to 4 the Secretary, and make public, data on— 5 ‘‘(1) the academic achievement of migratory 6 students, as measured by the State assessments re- 7 quired under section 1111(a)(2); 8 ‘‘(2) such students’ high school graduation 9 rates and rates of enrollment and persistence in, and 10 completion of a program of study at, institutions of 11 higher education; and 12 ‘‘(3) the results of such other performance 13 measures and targets as the Secretary may pre- 14 scribe. 15 ‘‘SEC. 1310. EVALUATION AND STUDY. 16 ‘‘(a) PROGRAM EVALUATION.—From the amount re- 17 served for evaluation activities in accordance with section 18 9601(a), the Secretary, acting through the Director of the 19 Institute of Education Sciences, shall, in consultation with 20 the relevant program office at the Department, evaluate 21 the implementation and impact of the activities supported 22 under this part, consistent with section 9601. 23 ‘‘(b) STUDY.—The Secretary shall conduct a pilot 24 study, funded as part of the 2012 National Assessment 25 of Educational Progress, on the feasibility of using the 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00302 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 303 •S 1094 IS National Assessment of Educational Progress for assess- 1 ing and reporting on the academic achievement of migra- 2 tory children in grades 4 and 8 in reading and mathe- 3 matics. 4 ‘‘SEC. 1311. STATE ASSISTANCE IN DETERMINING NUMBER 5 OF MIGRATORY CHILDREN. 6 ‘‘Each State that desires to receive assistance under 7 this part shall assist the Secretary in determining the 8 number of migratory children in such State under para- 9 graphs (1) and (2) of subsection (a), and subsection (g), 10 of section 1303 through such procedures as the Secretary 11 may require, except that the Secretary shall not require 12 additional information that is not directly related to deter- 13 mining the migratory status of the child or the administra- 14 tion of this part.’’. 15 SEC. 1310. DEFINITIONS. 16 Section 1312 (20 U.S.C. 6399), as redesignated by 17 section 1309(1), is amended— 18 (1) by redesignating paragraphs (1) and (2) as 19 paragraphs (3) and (5), respectively; 20 (2) by inserting before paragraph (3), as redes- 21 ignated by paragraph (1), the following: 22 ‘‘(1) FOOD PROCESSOR.—The term ‘food proc- 23 essor’ means a position working with a raw agricul- 24 tural, dairy, or fishing product and transforming the 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 304 •S 1094 IS product into a more refined product up to the point 1 of an initial commercial sale. 2 ‘‘(2) INITIAL COMMERCIAL SALE.—The term 3 ‘initial commercial sale’ means the first point of sale 4 of an agricultural, dairy, or fishing product— 5 ‘‘(A) for refining to the next-stage proc- 6 essor; 7 ‘‘(B) to the wholesaler; 8 ‘‘(C) to the retailer; or 9 ‘‘(D) directly to the consumer.’’; 10 (3) by inserting after paragraph (3), as redesig- 11 nated by paragraph (1), the following: 12 ‘‘(4) MIGRATORY AGRICULTURAL WORKER.— 13 The term ‘migratory agricultural worker’ means an 14 individual who— 15 ‘‘(A) made a qualifying move in the pre- 16 ceding 36-month period; and 17 ‘‘(B) after making such move, sought or 18 engaged in employment in agricultural work, 19 which may be dairy work or the initial proc- 20 essing of raw agricultural products.’’; and 21 (4) by striking paragraph (5), as redesignated 22 by paragraph (1), and inserting the following: 23 ‘‘(5) MIGRATORY CHILD.—The term ‘migratory 24 child’ means a child who— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00304 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 305 •S 1094 IS ‘‘(A) is, or whose parent or spouse is, a 1 migratory agricultural worker or migratory fish- 2 er who is currently engaged in, or seeking to 3 obtain, temporary or seasonal employment, usu- 4 ally for not longer than 15 months, in agricul- 5 tural or fishing work until the point of the ini- 6 tial commercial sale (including employment as a 7 migratory dairy worker, a food processor, or a 8 migratory fisher); and 9 ‘‘(B) in the preceding 36 months— 10 ‘‘(i) has moved from 1 school district 11 to another; 12 ‘‘(ii) in a State that is comprised of a 13 single school district, has moved from 1 14 administrative area to another within such 15 district; or 16 ‘‘(iii) resides in a school district of 17 more than 15,000 square miles, and mi- 18 grates a distance of 20 miles or more to a 19 temporary residence to engage in, or to ac- 20 company a parent or spouse engaging in, a 21 fishing activity. 22 ‘‘(6) MIGRATORY FISHER.—The term ‘migra- 23 tory fisher’ means an individual who made a quali- 24 fying move in the preceding 36 months and, after 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00305 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 306 •S 1094 IS doing so, sought or engaged in employment in fish- 1 ing work. 2 ‘‘(7) QUALIFYING MOVE.—The term ‘qualifying 3 move’— 4 ‘‘(A) means— 5 ‘‘(i) a move from 1 school district to 6 another, or from 1 administrative area to 7 another within a State that is comprised of 8 a single school district; and 9 ‘‘(ii) in the case of a migratory fisher 10 who resides in a school district of more 11 than 15,000 square miles, includes migrat- 12 ing a distance of 20 miles or more to a 13 temporary residence; and 14 ‘‘(B) with respect to a qualifying move for 15 a parent or spouse of a migratory child, means 16 a move described in subparagraph (A) that is 17 separated by not more than 1 year from the 18 move or migration described in paragraph 19 (5)(B) of the migratory child.’’. 20 PART D—PREVENTION AND INTERVENTION PRO- 21 GRAMS FOR CHILDREN AND YOUTH WHO 22 ARE NEGLECTED, DELINQUENT, OR AT-RISK 23 SEC. 1401. PURPOSE AND PROGRAM AUTHORIZATION. 24 Section 1401 (20 U.S.C. 6421) is amended— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00306 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 307 •S 1094 IS (1) in subsection (a)— 1 (A) in paragraph (1), by striking ‘‘chal- 2 lenging State academic content standards and 3 challenging State student academic achievement 4 standards’’ and inserting ‘‘college and career 5 ready academic content standards and student 6 academic achievement standards under section 7 1111(a)(1)’’; and 8 (B) in paragraph (3), by striking ‘‘to pre- 9 vent at-risk youth from dropping out of school, 10 and’’; and 11 (2) in subsection (b), by striking ‘‘1002(d)’’ and 12 inserting ‘‘3(e)’’. 13 SEC. 1402. ALLOCATION OF FUNDS. 14 (a) Section 1402 (20 U.S.C. 6422) is amended by 15 inserting after subsection (b) the following: 16 ‘‘(c) RESERVATION FOR THE SECRETARY OF THE IN- 17 TERIOR.—From the amount appropriated for this part in 18 any fiscal year, the Secretary shall reserve 0.5 percent to 19 provide assistance to the Secretary of the Interior to pro- 20 vide educational services for at-risk Indian children, in- 21 cluding Indian youth in correctional facilities operated by 22 the Secretary of the Interior or by an Indian tribe.’’. 23 (b) Section 1412(b) (20 U.S.C. 6432(b)) is amended 24 by striking paragraph (2) and inserting the following: 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00307 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 308 •S 1094 IS ‘‘(2) MINIMUM PERCENTAGE.—The percentage 1 in paragraph (1)(A) shall not be less than 85 per- 2 cent.’’. 3 SEC. 1403. STATE PLAN AND STATE AGENCY APPLICATIONS. 4 Section 1414 (20 U.S.C. 6434) is amended— 5 (1) in subsection (a)— 6 (A) in paragraph (1)(B)— 7 (i) by striking ‘‘from’’ and inserting 8 ‘‘between’’; and 9 (ii) by striking ‘‘to’’ and inserting 10 ‘‘and’’; 11 (B) in paragraph (2)— 12 (i) in subparagraph (A), by striking 13 ‘‘academic, vocational, and technical skills’’ 14 and inserting ‘‘college and career readiness 15 (as determined based on the State college 16 and career ready academic content and 17 student academic achievement standards 18 under section 1111(a)(1))’’; and 19 (ii) in subparagraph (B), by striking 20 ‘‘and’’ after the semicolon; 21 (C) in subparagraph (C)(iv), by striking 22 the period at the end and inserting ‘‘; and’’; 23 and 24 (D) by adding at the end the following: 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00308 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 309 •S 1094 IS ‘‘(D) provide assurances that the State 1 educational agency has established— 2 ‘‘(i) procedures to ensure that each 3 student who has been placed in the juve- 4 nile justice system is promptly re-enrolled 5 in secondary school or placed in a re-entry 6 program that best meets the educational 7 and social needs of the student; 8 ‘‘(ii) procedures for facilitating the 9 transfer of credits that such students 10 earned during placement; and 11 ‘‘(iii) opportunities for such students 12 to participate in higher education or career 13 pathways.’’; and 14 (2) in subsection (c)— 15 (A) in paragraph (1)— 16 (i) by inserting ‘‘and respond to’’ 17 after ‘‘assess’’; and 18 (ii) by inserting ‘‘, including an as- 19 sessment upon entry into a correctional fa- 20 cility’’ before the semicolon at the end; 21 (B) in paragraph (8), by striking ‘‘voca- 22 tional’’ and inserting ‘‘career’’; 23 (C) in paragraph (9)— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00309 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 310 •S 1094 IS (i) by striking ‘‘encourage’’ and insert 1 ‘‘require, to the extent practicable,’’; 2 (ii) by inserting ‘‘and after’’ after 3 ‘‘prior to’’; and 4 (iii) by inserting ‘‘and that transition 5 plans are in place’’ before the semicolon at 6 the end; 7 (D) in paragraph (11)— 8 (i) by inserting ‘‘such’’ after ‘‘transi- 9 tion of’’; 10 (ii) by striking ‘‘from’’ and inserting 11 ‘‘between’’; and 12 (iii) by striking ‘‘institution to locally 13 operated’’ and inserting ‘‘institution and 14 locally operated education’’; 15 (E) in paragraph (16)— 16 (i) by inserting ‘‘and obtain a sec- 17 ondary school diploma’’ after ‘‘reenter 18 school’’; and 19 (ii) by inserting ‘‘that leads to eco- 20 nomic self-sufficiency’’ after ‘‘employ- 21 ment’’; and 22 (F) in paragraph (17), by inserting ‘‘cer- 23 tified or licensed’’ before ‘‘teachers’’. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00310 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 311 •S 1094 IS SEC. 1404. USE OF FUNDS. 1 Section 1415(a) (20 U.S.C. 6435(a)) is amended— 2 (1) in paragraph (1)(B), by striking ‘‘voca- 3 tional’’ and inserting ‘‘career’’; and 4 (2) in paragraph (2)— 5 (A) in subparagraph (B)— 6 (i) in clause (i), by striking ‘‘chal- 7 lenging academic content standards and 8 student academic achievement standards’’ 9 and inserting ‘‘college and career ready 10 academic content standards and student 11 academic achievement standards under sec- 12 tion 1111(a)(1)’’; and 13 (ii) in clause (iii), by striking ‘‘chal- 14 lenging’’ and inserting ‘‘such’’; 15 (B) in subparagraph (C)— 16 (i) by striking ‘‘part I’’ and inserting 17 ‘‘part F’’; and 18 (ii) by striking ‘‘and’’ after the semi- 19 colon; 20 (C) in subparagraph (D), by striking the 21 period at the end and inserting ‘‘; and’’; and 22 (D) by adding at the end the following: 23 ‘‘(E) may include the costs of testing for 24 such children and youth for a recognized equiv- 25 alent of a secondary school diploma.’’. 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 312 •S 1094 IS SEC. 1405. INSTITUTION-WIDE PROJECTS. 1 Section 1416 (20 U.S.C. 6436) is amended— 2 (1) in paragraph (3), by striking ‘‘challenging 3 State academic content standards and student aca- 4 demic achievement standards’’ and inserting ‘‘college 5 and career ready academic content standards and 6 student academic achievement standards under sec- 7 tion 1111(a)(1)’’; 8 (2) in paragraph (4)— 9 (A) by striking ‘‘pupil services’’ and insert- 10 ing ‘‘specialized instructional support services’’; 11 and 12 (B) by inserting ‘‘and the development and 13 implementation of transition plans’’ before the 14 semicolon; and 15 (3) in paragraph (6), by inserting ‘‘and im- 16 prove’’ after ‘‘assess’’. 17 SEC. 1406. TRANSITION SERVICES. 18 Section 1418(a) (20 U.S.C. 6438(a)) is amended— 19 (1) by striking paragraph (1) and inserting the 20 following: 21 ‘‘(1) projects that facilitate the transition of 22 children and youth between State-operated institu- 23 tions, or institutions in the State operated by the 24 Secretary of the Interior or Indian tribes, and 25 schools served by local educational agencies or 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00312 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 313 •S 1094 IS schools funded by the Bureau of Indian Education; 1 or’’; and 2 (2) in paragraph (2), by striking ‘‘vocational’’ 3 each place the term appears and inserting ‘‘career’’. 4 SEC. 1407. PROGRAM EVALUATION. 5 Section 1419 is amended to read as follows: 6 ‘‘SEC. 1419. PROGRAM EVALUATION. 7 ‘‘From the amount reserved for evaluation activities 8 in accordance with section 9601(a), the Secretary, acting 9 through the Director of the Institute for Education 10 Sciences, shall, in consultation with the relevant program 11 office of the Department, evaluate the implementation and 12 impact of the activities supported under this part, con- 13 sistent with section 9601.’’. 14 SEC. 1408. PURPOSE OF LOCAL AGENCY PROGRAMS. 15 Section 1421 (20 U.S.C. 6451) is amended— 16 (1) in the matter preceding paragraph (1), by 17 inserting ‘‘, including correctional facilities in the 18 State operated by the Secretary of the Interior and 19 Indian tribes’’ after ‘‘facilities’’; 20 (2) in paragraph (1), by striking ‘‘, training, 21 employment, or further education’’ and inserting 22 ‘‘and college and career readiness (as determined 23 based on the State college and career ready aca- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 314 •S 1094 IS demic content and student academic achievement 1 standards under section 1111(a)(1))’’; and 2 (3) in paragraph (3), by inserting ‘‘, including 3 schools funded by the Bureau of Indian Education,’’ 4 after ‘‘schools’’. 5 SEC. 1409. PROGRAMS OPERATED BY LOCAL EDUCATIONAL 6 AGENCIES. 7 Section 1422 (20 U.S.C. 6452) is amended— 8 (1) in subsection (a), by inserting ‘‘, and includ- 9 ing facilities in the State operated by the Secretary 10 of the Interior and Indian tribes.’’ after ‘‘day pro- 11 grams)’’; 12 (2) in subsection (d)— 13 (A) by striking ‘‘meet the transitional’’ and 14 inserting ‘‘meet the transitional needs (includ- 15 ing the social and emotional needs)’’; 16 (B) by striking ‘‘meeting the transitional’’ 17 and inserting ‘‘meeting such transitional’’; and 18 (C) by inserting ‘‘, schools funded by the 19 Bureau of Indian Education,’’ after ‘‘returning 20 to local educational agencies’’. 21 SEC. 1410. LOCAL EDUCATIONAL AGENCY APPLICATIONS. 22 Section 1423 (20 U.S.C. 6453) is amended— 23 (1) in paragraph (2)— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 315 •S 1094 IS (A) in subparagraph (A), by inserting ‘‘or, 1 as appropriate, an Indian tribe in the State’’ 2 after ‘‘agency’’; 3 (B) in subparagraph (B), by inserting ‘‘, 4 including such facilities operated by the Sec- 5 retary of the Interior and Indian tribes’’ after 6 ‘‘system’’; 7 (2) by redesignating paragraphs (4) through 8 (13) as paragraphs (5) through (14), respectively; 9 (3) by inserting after paragraph (3) the fol- 10 lowing: 11 ‘‘(4) a description of the process of consultation 12 and coordination with Indian tribes in the State re- 13 garding services provided under the program to chil- 14 dren and youth who are Indian;’’; 15 (4) in paragraph (7), as redesignated by para- 16 graph (2), by striking ‘‘, at-risk children or youth, 17 and other participating children or youth,’’ and in- 18 serting ‘‘and at-risk children or youth,’’; 19 (5) in paragraph (9), as redesignated by para- 20 graph (2), by inserting ‘‘and family members’’ after 21 ‘‘parents’’; 22 (6) in paragraph (10), as redesignated by para- 23 graph (2), by striking ‘‘vocational’’ and inserting 24 ‘‘career’’; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00315 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 316 •S 1094 IS (7) in paragraph (13), as redesignated by para- 1 graph (2), by striking and after the semicolon; 2 (8) in paragraph (14), as redesignated by para- 3 graph (2), by striking the period at the end and in- 4 serting ‘‘; and’’; and 5 (9) by inserting after paragraph (14), as redes- 6 ignated by (2), the following: 7 ‘‘(15) a description of the demographics of the 8 children and youth served and an assurance that the 9 activities under this subpart meet the cultural, lan- 10 guage, and academic needs of such children and 11 youth.’’. 12 SEC. 1411. USES OF FUNDS. 13 Section 1424 (20 U.S.C. 6454) is amended— 14 (1) in paragraph (2), by striking ‘‘, including’’ 15 and all that follows through ‘‘gang members’’; 16 (2) in paragraph (4)— 17 (A) by striking ‘‘vocational and technical 18 education’’ and inserting ‘‘career and technical 19 education, costs associated with testing for a 20 recognized equivalent of a secondary school di- 21 ploma’’; and 22 (B) by striking ‘‘and’’ after the semicolon; 23 (3) in paragraph (5), by striking the period at 24 the end and inserting ‘‘; and’’; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00316 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 317 •S 1094 IS (4) by adding at the end the following: 1 ‘‘(6) programs for at-risk Indian children and 2 youth, including such children and youth in correc- 3 tional facilities in the area served by the local edu- 4 cational agency that are operated by the Secretary 5 of the Interior or Indian tribes.’’. 6 SEC. 1412. PROGRAM REQUIREMENTS FOR CORRECTIONAL 7 FACILITIES RECEIVING FUNDS UNDER THIS 8 SECTION. 9 Section 1425 (20 U.S.C. 6455) is amended— 10 (1) in paragraph (9), by striking ‘‘vocational’’ 11 and inserting ‘‘career’’; 12 (2) in paragraph (10), by striking ‘‘and’’ after 13 the semicolon; 14 (3) in paragraph (11), by striking the period at 15 the end and inserting a semicolon; and 16 (4) by adding at the end the following: 17 ‘‘(12) develop an initial educational services and 18 transition plan for each child or youth served under 19 this subpart upon entry into the correctional facility, 20 in partnership with the child or youth’s family mem- 21 bers and the local educational agency that most re- 22 cently provided services to the child or youth (if ap- 23 plicable), consistent with section 1414(a)(1); and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00317 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 318 •S 1094 IS ‘‘(13) consult with the local educational agency 1 for a period jointly determined necessary by the cor- 2 rectional facility and local educational agency upon 3 discharge from that facility, to coordinate edu- 4 cational services so as to minimize disruption to the 5 child’s or youth’s achievement.’’. 6 SEC. 1413. ACCOUNTABILITY. 7 Section 1426 (20 U.S.C. 6456) is amended to read 8 as follows: 9 ‘‘SEC. 1426. ACCOUNTABILITY. 10 ‘‘The State educational agency— 11 ‘‘(1) shall require correctional facilities or insti- 12 tutions for delinquent children and youth to annually 13 report on the number of children and youth released 14 from the correctional facility or institution who re- 15 turned or did not return to school, the number of 16 children and youth obtaining a secondary school di- 17 ploma or its recognized equivalent, and the number 18 of children and youth obtaining employment; and 19 ‘‘(2) may require correctional facilities or insti- 20 tutions for delinquent children and youth to dem- 21 onstrate, after receiving assistance under this sub- 22 part for 3 years, that there has been an increase in 23 the number of children and youth returning to 24 school, obtaining a secondary school diploma or its 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00318 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 319 •S 1094 IS recognized equivalent, or obtaining employment after 1 such children and youth are released.’’. 2 SEC. 1414. PROGRAM EVALUATIONS. 3 Section 1431 (20 U.S.C. 6471) is amended— 4 (1) in the matter preceding subsection (a), by 5 striking ‘‘State agency or local educational agency’’ 6 and inserting ‘‘State agency, local educational agen- 7 cy, or Indian tribe’’; 8 (2) in subsection (a)— 9 (A) in paragraph (1), by inserting ‘‘, in- 10 cluding the ability to become college and career 11 ready, as determined under the State academic 12 content and student academic achievement 13 standards under section 1111(a)(1), and to 14 graduate high school in the standard number of 15 years’’ before the semicolon at the end; and 16 (B) in paragraph (3), by inserting ‘‘or 17 school funded by the Bureau of Indian Edu- 18 cation’’ after ‘‘local educational agency’’; 19 (3) in subsection (c), by striking ‘‘a State agen- 20 cy or local educational agency’’ and inserting ‘‘a 21 State agency, local educational agency, or Indian 22 tribe’’; and 23 (4) by striking subsection (d) and inserting the 24 following: 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00319 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 320 •S 1094 IS ‘‘(d) EVALUATION RESULTS.— 1 ‘‘(1) IN GENERAL.—Each State agency, local 2 educational agency, and Indian tribe shall— 3 ‘‘(A) submit evaluation results to the State 4 educational agency and the Secretary; and 5 ‘‘(B) use the results of evaluations under 6 this section to plan and improve subsequent 7 programs for participating children and youth. 8 ‘‘(2) RESULTS TO THE SECRETARY OF THE IN- 9 TERIOR.—Each Indian tribe shall also submit eval- 10 uation results to the Secretary of the Interior.’’. 11 SEC. 1415. DEFINITIONS. 12 Section 1432(2) (20 U.S.C. 6472(2)) is amended to 13 read as follows: 14 (1) in subsection (a)— 15 (A) by striking ‘‘or’’ before ‘‘local’’ and by 16 inserting ‘‘or Indian tribe’’ after ‘‘agency; and 17 (B) in paragraph (3), by inserting ‘‘ or 18 school funded by the Bureau of Indian Edu- 19 cation’’; 20 (2) in subsection (c), by inserting ‘‘or Indian 21 tribe’’ after agency; and 22 (3) by striking subsection (d) and inserting the 23 following: 24 ‘‘(d) EVALUATION RESULTS.— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00320 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 321 •S 1094 IS ‘‘(1) Each State agency, local educational agen- 1 cy, and Indian tribe shall— 2 ‘‘(A) submit evaluation results to the State 3 educational agency and the Secretary; and 4 ‘‘(B) use the results of evaluation sunder 5 this section to plan and improve subsequent 6 programs for participating children and youth. 7 ‘‘(2) Each Indian tribe shall also submit evalua- 8 tion results to the Secretary of the Interior.’’. 9 PART E—EDUCATIONAL STABILITY OF CHILDREN 10 IN FOSTER CARE 11 SEC. 1501. EDUCATIONAL STABILITY OF CHILDREN IN FOS- 12 TER CARE. 13 (a) IN GENERAL.—Part E of title I (20 U.S.C. 6491 14 et seq.) is amended to read as follows: 15 ‘‘PART E—EDUCATIONAL STABILITY OF 16 CHILDREN IN FOSTER CARE 17 ‘‘SEC. 1501. EDUCATIONAL STABILITY OF CHILDREN IN FOS- 18 TER CARE. 19 ‘‘(a) OBLIGATIONS TO COLLABORATE WITH CHILD 20 WELFARE AGENCIES.— 21 ‘‘(1) IN GENERAL.—Each State educational 22 agency receiving assistance under part A shall col- 23 laborate with the State agency responsible for ad- 24 ministering the State plans under parts B and E of 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00321 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 322 •S 1094 IS title IV of the Social Security Act (42 U.S.C. 621 1 et seq., 670 et seq.) to develop and implement a plan 2 to ensure that the following occurs, for each child in 3 the State, when the child moves to a new school at- 4 tendance area as a result of being placed in foster 5 care (as described in section 1502(1)), changing fos- 6 ter care placements, or leaving foster care: 7 ‘‘(A) ATTENDANCE AT A SCHOOL OF ORI- 8 GIN.— 9 ‘‘(i) IN GENERAL.—The child enrolls 10 or remains in the child’s school of origin, 11 unless a determination is made that it is in 12 the child’s best interest to attend a dif- 13 ferent school. 14 ‘‘(ii) LIMITATION.—A child who leaves 15 foster care shall only be entitled to remain 16 in the child’s school of origin for the re- 17 mainder of the school year. 18 ‘‘(B) IMMEDIATE ENROLLMENT.—When a 19 determination is made regarding the school that 20 it is in the best interest of a child in foster care 21 to attend, the child shall be immediately en- 22 rolled in such school, even if the child is unable 23 to produce records normally required for enroll- 24 ment, such as previous academic records, im- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00322 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 323 •S 1094 IS munization and medical records, a birth certifi- 1 cate, guardianship records, proof of residency, 2 or other documentation. 3 ‘‘(C) RECORDS TRANSFER.—Any records 4 ordinarily kept by a school, including records of 5 immunizations, health screenings, and other re- 6 quired health records, academic records, birth 7 certificates, evaluations for special services or 8 programs, and any individualized education pro- 9 grams (as defined in section 602 of the Individ- 10 uals with Disabilities Education Act (20 U.S.C. 11 1401)), regarding a child in foster care shall 12 be— 13 ‘‘(i) maintained so that the records in- 14 volved are available, in a timely fashion, 15 when a child in foster care enters a new 16 school; and 17 ‘‘(ii) immediately transferred to the 18 enrolling school, even if the child owes fees 19 or fines or was not withdrawn from pre- 20 vious schools in conformance with local 21 withdrawal procedures. 22 ‘‘(2) IMPLEMENTATION.—Each State edu- 23 cational agency receiving assistance under part A 24 shall ensure that the plan described in paragraph 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00323 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 324 •S 1094 IS (1) is implemented by the local educational agencies 1 in the State. 2 ‘‘(b) CREDIT TRANSFER AND DIPLOMAS.—Each 3 State that receives assistance under part A shall have poli- 4 cies for ensuring that— 5 ‘‘(1) a child in foster care who is changing 6 schools can transfer school credits and receive par- 7 tial credits for coursework satisfactorily completed 8 while attending a prior school or educational pro- 9 gram; 10 ‘‘(2) a child in foster care is afforded opportuni- 11 ties to recover school credits lost due to placement 12 instability while in foster care; and 13 ‘‘(3) a child in foster care who has changed sec- 14 ondary schools can receive a secondary school di- 15 ploma either from one of the schools in which the 16 child was enrolled or through a State-issued sec- 17 ondary school diploma system, consistent with State 18 graduation requirements. 19 ‘‘(c) TRANSPORTATION.—Not later than 1 year after 20 the date of enactment of the Strengthening America’s 21 Schools Act of 2013, the State educational agency shall 22 enter into an agreement with the State agency responsible 23 for administering the State plans under parts B and E 24 of title IV of the Social Security Act to ensure that chil- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00324 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 325 •S 1094 IS dren in foster care, and children leaving foster care, who 1 are attending their schools of origin receive transportation 2 to and from those schools, in accordance with subsection 3 (a)(1) and with section 475(1)(G) of the Social Security 4 Act (42 U.S.C. 675(1)(G)). The agreement shall include 5 a description of the following: 6 ‘‘(1) How foster care maintenance payments 7 will be used to help fund the transportation of chil- 8 dren in foster care to their schools of origin. 9 ‘‘(2) How children who leave foster care will re- 10 ceive transportation to maintain their enrollment in 11 their schools of origin for the remainder of the aca- 12 demic year, if remaining in their schools of origin is 13 in their best interests. 14 ‘‘(d) POINTS OF CONTACT.— 15 ‘‘(1) LOCAL EDUCATIONAL AGENCIES.—A State 16 that receives assistance under part A shall ensure 17 that each local educational agency in the State des- 18 ignates an individual employed by the agency to 19 serve as a point of contact for the child welfare 20 agencies responsible for children in foster care en- 21 rolled in the local educational agency and to oversee 22 the implementation of the local educational agency 23 requirements under this section. A local educational 24 agency’s point of contact shall not be the individual 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 326 •S 1094 IS designated as its local educational agency liaison 1 under section 722(g)(1)(J)(ii) of the McKinney- 2 Vento Homeless Assistance Act, unless such indi- 3 vidual has the capacity, resources, and time to per- 4 form both roles. 5 ‘‘(2) STATE EDUCATIONAL AGENCIES.—Each 6 State educational agency receiving assistance under 7 part A shall designate an individual to serve as a 8 point of contact for child welfare agencies and to 9 oversee the implementation of the State educational 10 agency requirements under this section. A State 11 educational agency’s point of contact shall not be the 12 individual designated as the State’s Coordinator for 13 Education of Homeless Children and Youths under 14 section 722(d)(3) of the McKinney-Vento Homeless 15 Assistance Act, unless such individual has the capac- 16 ity, resources, and time to perform both roles. 17 ‘‘SEC. 1502. DEFINITIONS. 18 ‘‘In this part: 19 ‘‘(1) CHILD IN FOSTER CARE.—The term ‘child 20 in foster care’ means a child whose care and place- 21 ment is the responsibility of the agency that admin- 22 isters a State plan under part B or E of title IV of 23 the Social Security Act (42 U.S.C. 621 et seq., 670 24 et seq.), without regard to whether foster care main- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00326 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 327 •S 1094 IS tenance payments are made under section 472 of the 1 Social Security Act (42 U.S.C. 672) on behalf of the 2 child. 3 ‘‘(2) SCHOOL ATTENDANCE AREA.—The term 4 ‘school attendance area’ has the meaning given the 5 term in section 1113(a)(2). 6 ‘‘(3) SCHOOL OF ORIGIN.—The term ‘school of 7 origin’ means, with respect to a child in foster care, 8 any of the following: 9 ‘‘(A) The public school in which the child 10 was enrolled prior to entry into foster care. 11 ‘‘(B) The public school in which the child 12 is enrolled when a change in foster care place- 13 ment occurs. 14 ‘‘(C) The public school the child attended 15 when last permanently housed, as such term is 16 used in section 722(g)(3)(G) of the McKinney- 17 Vento Homeless Assistance Act (42 U.S.C. 18 11432(g)(3)(G)), if such child was eligible for 19 assistance under such Act before the child be- 20 came a child in foster care.’’. 21 (b) GUIDANCE.—Not later than 90 days after the 22 date of enactment of this Act, the Secretary, in collabora- 23 tion with the Secretary of Health and Human Services, 24 is directed to issue guidance on the implementation of part 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00327 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 328 •S 1094 IS E of title I of the Elementary and Secondary Education 1 Act of 1965, including how State and local agencies will 2 work together to ensure that transportation for children 3 in foster care is provided to the school of origin. 4 PART F—GENERAL PROVISIONS 5 SEC. 1601. REORGANIZATION. 6 (a) IN GENERAL.—Title I (20 U.S.C. 6301 et seq.) 7 is further amended— 8 (1) by striking parts F through H; 9 (2) by redesignating part I as part F; and 10 (3) by redesignating sections 1901 through 11 1908 as sections 1601 through 1608, respectively. 12 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 13 Part F of title I, as redesignated by subsection (a)(2), is 14 further amended— 15 (1) in section 1601(b)(4)(A) (20 U.S.C. 16 6571(b)(4)(A)), as redesignated by subsection 17 (a)(3), by striking ‘‘No Child Left Behind Act of 18 2001’’ and inserting ‘‘Strengthening America’s 19 Schools Act of 2013’’; 20 (2) in section 1602(a) (20 U.S.C. 6572(a)), as 21 redesignated by subsection (a)(3), by striking 22 ‘‘1901’’ and inserting ‘‘1601’’; 23 (3) in section 1603(b)(2)(G) (20 U.S.C. 24 6573(b)(2)(G)), as redesignated by subsection 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00328 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 329 •S 1094 IS (a)(3), by striking ‘‘pupil services personnel’’ and in- 1 serting ‘‘specialized instructional support personnel’’; 2 and 3 (4) in section 1608 (20 U.S.C. 6578), as redes- 4 ignated by subsection (a)(3), by striking ‘‘No Child 5 Left Behind Act of 2001’’ and inserting ‘‘Strength- 6 ening America’s Schools Act of 2013’’. 7 TITLE II—SUPPORTING TEACH- 8 ER AND PRINCIPAL EXCEL- 9 LENCE 10 SEC. 2101. SUPPORTING TEACHER AND PRINCIPAL EXCEL- 11 LENCE. 12 (a) TECHNICAL AMENDMENTS.—The Act (20 U.S.C. 13 6301 et seq.) is amended— 14 (1) in title II, by striking the title heading and 15 inserting ‘‘SUPPORTING TEACHER AND 16 PRINCIPAL EXCELLENCE’’; 17 (2) by redesignating subpart 3 of part D of title 18 II as part I of title IV, and transferring such part 19 I so as to follow part H of title IV, as added by sec- 20 tion 4108 of this Act; 21 (3) in part I of title IV, as redesignated by 22 paragraph (2), by striking the part heading and in- 23 serting the following: ‘‘READY-TO-LEARN’’; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00329 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 330 •S 1094 IS (4) by redesignating section 2431 as section 1 4901; 2 (5) in section 4901, as redesignated by para- 3 graph (4)— 4 (A) by striking the section heading and in- 5 serting the following: ‘‘READY-TO-LEARN’’; 6 (B) in subsection (a)— 7 (i) in paragraph (1)(E)(ii)— 8 (I) by striking ‘‘Even Start pro- 9 viders,’’; and 10 (II) by striking ‘‘family literacy 11 services’’ and inserting ‘‘family lit- 12 eracy activities’’; 13 (ii) in paragraph (2)— 14 (I) by striking ‘‘Even Start pro- 15 viders,’’; and 16 (II) by striking ‘‘family literacy 17 services’’ and inserting ‘‘family lit- 18 eracy activities’’; 19 (iii) in paragraph (4)(B), by striking 20 ‘‘Even Start, and’’; 21 (C) in subsection (c)(2), by striking ‘‘rel- 22 evant committees of Congress’’ and inserting 23 ‘‘authorizing committees’’; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 331 •S 1094 IS (D) by striking subsection (e) and insert- 1 ing the following: 2 ‘‘(e) FUNDING RULE.—Not less than 60 percent of 3 the amount appropriated to carry out this section for each 4 fiscal year shall be used to carry out activities under sub- 5 paragraphs (B) through (D) of subsection (a)(1).’’; 6 (6) by redesignating subpart 5 of part C of title 7 II as subpart 3 of part E of title IX, and transfer- 8 ring such subpart 3 so as to follow subpart 2 of part 9 E of title IX; 10 (7) by redesignating sections 2361, 2362, 2363, 11 2364, 2365, 2366, 2367, and 2368, as sections 12 9541, 9542, 9543, 9544, 9545, 9546, 9547, and 13 9548, respectively; and 14 (8) in section 9546(b), as redesignated by para- 15 graph (7), by striking the matter following para- 16 graph (2) and inserting the following: 17 ‘‘(3) A State law that makes a limitation of li- 18 ability inapplicable if the civil action was brought by 19 an officer of a State or local government pursuant 20 to State or local law.’’. 21 (b) SUPPORTING TEACHER AND PRINCIPAL EXCEL- 22 LENCE.—Title II (20 U.S.C. 6601 et seq.), as amended 23 by subsection (a), is further amended by striking parts 24 A, B, C, and D, and inserting the following: 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00331 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 332 •S 1094 IS ‘‘PART A—CONTINUOUS IMPROVEMENT AND 1 SUPPORT FOR TEACHERS AND PRINCIPALS 2 ‘‘SEC. 2101. PURPOSE. 3 ‘‘The purpose of this part is to provide grants to 4 State educational agencies and subgrants to local edu- 5 cational agencies to enable such agencies to improve aca- 6 demic achievement for all students, including students 7 with disabilities and English learners, by— 8 ‘‘(1) providing professional development that is 9 based on the result of a rigorous, transparent, and 10 fair evaluation and is designed to improve instruc- 11 tion and student achievement; and 12 ‘‘(2) increasing the number and improving the 13 equitable distribution of teachers and principals in 14 accordance with section 1111(b)(1)(R). 15 ‘‘SEC. 2102. DEFINITIONS. 16 ‘‘In this part: 17 ‘‘(1) INDUCTION PROGRAM.—The term ‘induc- 18 tion program’ has the meaning given the term in 19 section 200 of the Higher Education Act of 1965 20 (20 U.S.C. 1021). 21 ‘‘(2) MENTORING.—The term ‘mentoring’ 22 means supporting teachers or principals to increase 23 the effectiveness and retention of such teachers or 24 principals through a program that— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00332 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 333 •S 1094 IS ‘‘(A) includes clear criteria for the selec- 1 tion of mentors that takes into account the 2 mentor’s— 3 ‘‘(i) record of increasing student 4 achievement; and 5 ‘‘(ii) ability to facilitate professional 6 development activities; 7 ‘‘(B) provides high-quality training for 8 mentors in how to support teachers or prin- 9 cipals; 10 ‘‘(C) provides regularly scheduled time for 11 collaboration, examination of student work and 12 achievement data, and observation of teaching, 13 and identifies and addresses areas for improve- 14 ment; and 15 ‘‘(D) matches mentees with mentors in the 16 same field, grade, grade span, or subject area. 17 ‘‘(3) STATE.—The term ‘State’ means each of 18 the several States of the United States, the Com- 19 monwealth of Puerto Rico, and the District of Co- 20 lumbia. 21 ‘‘Subpart 1—Grants to States 22 ‘‘SEC. 2111. ALLOTMENTS TO STATES. 23 ‘‘(a) IN GENERAL.—The Secretary shall make grants 24 to States with applications approved under section 2112 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00333 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 334 •S 1094 IS to enable the States to carry out the activities specified 1 in section 2113. Each grant shall consist of the allotment 2 determined for a State under subsection (b). 3 ‘‘(b) DETERMINATION OF ALLOTMENTS.— 4 ‘‘(1) RESERVATION OF FUNDS.—From the total 5 amount appropriated to carry out this subpart for a 6 fiscal year, the Secretary shall reserve— 7 ‘‘(A) one-half of 1 percent for allotments 8 for the United States Virgin Islands, Guam, 9 American Samoa, and the Commonwealth of 10 the Northern Mariana Islands, to be distributed 11 among those outlying areas on the basis of their 12 relative need, as determined by the Secretary, 13 in accordance with the purpose of this part; and 14 ‘‘(B) one-half of 1 percent for the Sec- 15 retary of the Interior for programs under this 16 part in schools operated or funded by the Bu- 17 reau of Indian Education. 18 ‘‘(2) STATE ALLOTMENTS.— 19 ‘‘(A) IN GENERAL.—Subject to subpara- 20 graph (B), from the funds appropriated to 21 carry out this subpart and not reserved under 22 paragraph (1), the Secretary shall allot to each 23 State the sum of— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00334 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 335 •S 1094 IS ‘‘(i) an amount that bears the same 1 relationship to 35 percent of the remaining 2 amount as the number of individuals ages 3 5 through 17 in the State, as determined 4 by the Secretary on the basis of the most 5 recent satisfactory data, bears to the num- 6 ber of those individuals in all such States, 7 as so determined; and 8 ‘‘(ii) an amount that bears the same 9 relationship to 65 percent of the remaining 10 amount as the number of individuals, ages 11 5 through 17 from families with incomes 12 below the poverty line, in the State, as de- 13 termined by the Secretary on the basis of 14 the most recent satisfactory data, bears to 15 the number of those individuals in all such 16 States, as so determined. 17 ‘‘(B) EXCEPTION.—No State receiving an 18 allotment under subparagraph (A) may receive 19 less than one-half of 1 percent of the total 20 amount allotted under such subparagraph. 21 ‘‘(3) REALLOTMENT.—If any State does not re- 22 ceive an allotment under this subsection for any fis- 23 cal year, the Secretary shall reallot the amount of 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 336 •S 1094 IS the allotment to the remaining States in accordance 1 with this subsection. 2 ‘‘SEC. 2112. STATE APPLICATIONS. 3 ‘‘(a) IN GENERAL.—For a State to be eligible to re- 4 ceive a grant under this subpart, the State educational 5 agency shall submit an application to the Secretary at 6 such time, in such manner, and containing such informa- 7 tion as the Secretary may reasonably require. 8 ‘‘(b) CONTENTS.—Each application submitted under 9 this section shall include— 10 ‘‘(1) a description of how the State educational 11 agency will— 12 ‘‘(A) ensure that each local educational 13 agency receiving a subgrant under subpart 2 14 will comply with the requirements of such 15 subgrant, including implementing a professional 16 growth and improvement system; 17 ‘‘(B) provide technical assistance to sup- 18 port such implementation; and 19 ‘‘(C) ensure that the State educational 20 agency regularly assesses implementation and 21 results across local educational agencies’ profes- 22 sional growth and improvement systems to en- 23 sure comparability across the State in imple- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00336 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 337 •S 1094 IS mentation of such systems in differentiating 1 teacher and principal performance levels; 2 ‘‘(2) a description of how the State will use 3 funds reserved under section 2113(a); 4 ‘‘(3) a description of how the activities to be 5 carried out by the State educational agency under 6 this subpart will be evidence-based and an expla- 7 nation of why the activities are expected to improve 8 student achievement; 9 ‘‘(4) a description of how activities under this 10 subpart are aligned with State academic content and 11 student academic achievement standards and State 12 assessments, which include, as appropriate, State 13 early learning standards for children younger than 14 kindergarten; 15 ‘‘(5) a description of how the State educational 16 agency, working with local educational agencies, will 17 provide data on each teacher’s student achievement 18 and growth for the State assessments required 19 under section 1111(a)(2) to teachers and local edu- 20 cational agencies, in a timely and useful manner; 21 ‘‘(6) a description of how the State educational 22 agency will hold local educational agencies account- 23 able for meeting the requirements of section 1117; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00337 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 338 •S 1094 IS ‘‘(7) an assurance that the State educational 1 agency will comply with section 9501 (regarding par- 2 ticipation by private school children and teachers); 3 ‘‘(8) a description of the activities funded under 4 this subpart, including how such activities will be co- 5 ordinated with the State agency responsible for early 6 childhood education programs and the State Advi- 7 sory Council on Early Childhood Education and 8 Care established under section 642B of the Head 9 Start Act, that are designed to improve and 10 strengthen the knowledge and skills of teachers and 11 principals responsible for educating children in pre- 12 school, where applicable, through grade 3; 13 ‘‘(9) a description of how the State educational 14 agency will provide for the equitable distribution of 15 teachers in accordance with section 1111(b)(1)(K); 16 and 17 ‘‘(10) an assurance that the State educational 18 agency is encouraging collaboration between higher 19 education-based educator preparation programs, the 20 State, and local educational agencies to promote the 21 readiness of new educators entering the profession 22 through clinical experience and interaction, as well 23 as other activities. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00338 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 339 •S 1094 IS ‘‘(c) DEEMED APPROVAL.—An application submitted 1 by a State educational agency pursuant to subsection (a) 2 shall be deemed to be approved by the Secretary unless 3 the Secretary makes a written determination, prior to the 4 expiration of the 120-day period beginning on the date on 5 which the Secretary received the application, that the ap- 6 plication is not in compliance with this subpart. 7 ‘‘(d) DISAPPROVAL.—The Secretary shall not finally 8 disapprove the application, except after giving the State 9 educational agency notice and an opportunity for a hear- 10 ing. 11 ‘‘(e) NOTIFICATION.—If the Secretary finds that the 12 application is not in compliance, in whole or in part, with 13 this subpart, the Secretary shall— 14 ‘‘(1) give the State educational agency notice 15 and an opportunity for a hearing; and 16 ‘‘(2) notify the State educational agency of the 17 finding of noncompliance and, in such notification, 18 shall— 19 ‘‘(A) cite the specific provisions in the ap- 20 plication that are not in compliance; and 21 ‘‘(B) request additional information, only 22 as to the noncompliant provisions, needed to 23 make the application compliant. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00339 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 340 •S 1094 IS ‘‘(f) RESPONSE.—If the State educational agency re- 1 sponds to the Secretary’s notification described in sub- 2 section (e)(2) during the 45-day period beginning on the 3 date on which the agency received the notification, and 4 resubmits the application with the requested information 5 described in subsection (e)(2)(B), the Secretary shall ap- 6 prove or disapprove such application prior to the later of— 7 ‘‘(1) the expiration of the 45-day period begin- 8 ning on the date on which the application is resub- 9 mitted; or 10 ‘‘(2) the expiration of the 120-day period de- 11 scribed in subsection (c). 12 ‘‘(g) FAILURE TO RESPOND.—If the State edu- 13 cational agency does not respond to the Secretary’s notifi- 14 cation described in subsection (e)(2) during the 45-day pe- 15 riod beginning on the date on which the agency received 16 the notification, such application shall be deemed to be 17 disapproved. 18 ‘‘SEC. 2113. STATE USE OF FUNDS. 19 ‘‘(a) IN GENERAL.—A State that receives a grant 20 under section 2111— 21 ‘‘(1) shall reserve 95 percent of the funds made 22 available through the grant to make subgrants to 23 local educational agencies as described in subpart 2; 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00340 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 341 •S 1094 IS ‘‘(2) shall use not less than 2 percent but not 1 more than 5 percent of funds made available 2 through the grant to support local educational agen- 3 cies in— 4 ‘‘(A) improving the performance and equi- 5 table distribution of principals and, at the 6 State’s discretion, other school leaders, includ- 7 ing through— 8 ‘‘(i) activities designed to recruit, pre- 9 pare, place, assist, support, and retain 10 highly rated principals for high-need 11 schools and low-performing schools, includ- 12 ing through compensation or incentives; 13 and 14 ‘‘(ii) providing training and support to 15 principals and school leadership teams in 16 high-need schools and low-performing 17 schools on improving instruction and clos- 18 ing achievement gaps; and 19 ‘‘(B) providing technical assistance to local 20 educational agencies to support the design and 21 implementation of professional growth and im- 22 provement systems, including— 23 ‘‘(i) developing and disseminating re- 24 search-based models and designing high- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00341 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 342 •S 1094 IS quality evaluation tools, such as classroom 1 observation rubrics; 2 ‘‘(ii) developing and providing training 3 for principals and other evaluators on how 4 to evaluate teachers in order to differen- 5 tiate teacher performance accurately, pro- 6 vide useful feedback, and use evaluation 7 results to inform decisionmaking about 8 professional development, improvement 9 strategies, and personnel decisions; 10 ‘‘(iii) developing methods, including 11 training and auditing, for ensuring inter- 12 rater reliability of evaluation results; 13 ‘‘(iv) providing information on the ap- 14 propriate collection, reporting, analysis, 15 and use of evaluation data; and 16 ‘‘(v) developing a system for auditing 17 the quality of professional growth and im- 18 provement systems, including the correla- 19 tion with student achievement and contin- 20 uous improvement, and improving such 21 systems based on data and feedback; and 22 ‘‘(3) shall use funds remaining after making the 23 reservations under paragraphs (1) and (2) to— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00342 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 343 •S 1094 IS ‘‘(A) plan and administer State activities 1 under this part, including awarding, moni- 2 toring, and enforcing the requirements of sub- 3 grants awarded under subpart 2; 4 ‘‘(B) assist local educational agencies in 5 recruiting, preparing, placing, developing, and 6 retaining highly rated teachers for high-need 7 schools and low-performing schools; 8 ‘‘(C) provide technical assistance, as nec- 9 essary, to local educational agencies that receive 10 subgrants under subpart 2, to improve perform- 11 ance on the measures described in section 12 2141(b), as applicable; 13 ‘‘(D) develop and disseminate the State 14 Report described in subpart 4, and use the in- 15 formation in the State Report to guide efforts 16 under this part; and 17 ‘‘(E) provide technical assistance and sup- 18 port to local educational agencies in the devel- 19 opment and implementation of programs and 20 policies that support young children’s transition 21 from early childhood education programs into 22 elementary schools, improve school readiness, 23 and improve the academic achievement of young 24 children. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00343 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 344 •S 1094 IS ‘‘(b) OPTIONAL USES.— 1 ‘‘(1) IN GENERAL.—A State that receives a 2 grant under section 2111 may, from the funds avail- 3 able for the uses described in subsection (a)(2), use 4 an amount equal to not more than 1 percent of the 5 funds made available through the grant to establish, 6 expand, or implement 1 or more teacher or principal 7 preparation academies and to provide for a State au- 8 thorizer, if— 9 ‘‘(A) the State does not have in place legal, 10 statutory, or regulatory barriers to the creation 11 or operation of teacher or principal preparation 12 academies; 13 ‘‘(B) the State enables candidates attend- 14 ing a teacher or principal preparation academy 15 to be eligible for State financial aid to the same 16 extent as participants in other State-approved 17 teacher or principal preparation programs, in- 18 cluding alternative certification, licensure, or 19 credential programs; 20 ‘‘(C) the State enables teachers or prin- 21 cipals who are teaching or working while on al- 22 ternative certificates, licenses, or credentials to 23 teach or work in the State while enrolled in a 24 teacher or principal preparation academy; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00344 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 345 •S 1094 IS ‘‘(D) the State will recognize a certificate 1 of completion (from any teacher or principal 2 preparation academy that is not, or is unaffili- 3 ated with, an institution of higher education), 4 as at least the equivalent of a master’s degree 5 in education for the purposes of hiring, reten- 6 tion, compensation, and promotion in the State. 7 ‘‘(2) DEFINITIONS.—In this subsection: 8 ‘‘(A) TEACHER OR PRINCIPAL PREPARA- 9 TION ACADEMY.—The term ‘teacher or prin- 10 cipal preparation academy’ means a public or 11 other nonprofit institution that will prepare 12 teachers or principals, or both, to serve in high- 13 need schools and that— 14 ‘‘(i) enters into an agreement with a 15 State authorizer that specifies the goals ex- 16 pected of the institution, including— 17 ‘‘(I) a requirement that— 18 ‘‘(aa) teacher or principal 19 candidates, or teachers teaching 20 or principals serving on alter- 21 native certificates, licenses, or 22 credentials, who are enrolled in 23 the academy receive a significant 24 part of their training through 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00345 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 346 •S 1094 IS clinical preparation that partners 1 candidates with mentor teachers 2 or principals with a demonstrated 3 track record of success in im- 4 proving student growth, including 5 (where applicable) children with 6 disabilities, children living in pov- 7 erty, and English learners; and 8 ‘‘(bb) the academy will pro- 9 vide instruction to teacher can- 10 didates that links to the clinical 11 preparation experience; 12 ‘‘(II) the number of teachers or 13 principals the academy will produce 14 and the minimum number and per- 15 centage of teachers or principals who 16 will demonstrate success in improving 17 student performance based on mul- 18 tiple measures (including student 19 growth); 20 ‘‘(III) a requirement that the 21 teacher preparation component of the 22 academy will only award a certificate 23 of completion (or degree, if the acad- 24 emy is, or is affiliated with, an insti- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00346 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 347 •S 1094 IS tution of higher education) after the 1 graduate demonstrates a track record 2 of success in improving student per- 3 formance based on multiple measures 4 (including student growth), either as a 5 student teacher or teacher-of-record 6 on an alternative certificate, license, 7 or credential; 8 ‘‘(IV) a requirement that the 9 principal preparation component of 10 the academy will only award a certifi- 11 cate of completion (or degree, if the 12 academy is, or is affiliated with, an 13 institution of higher education) after 14 the graduate demonstrates a track 15 record of success in improving student 16 performance for some or all of a 17 school’s students; and 18 ‘‘(V) timelines for producing co- 19 horts of graduates and conferring cer- 20 tificates of completion (or degrees, if 21 the academy is, or is affiliated with, 22 an institution of higher education) 23 from the academy; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00347 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 348 •S 1094 IS ‘‘(ii) shall not have unnecessary re- 1 strictions placed on the methods the acad- 2 emy will use to train teacher or principal 3 candidates (or teachers or principals that 4 are teaching or working while on alter- 5 native certificates, licenses, or credentials), 6 including restrictions or requirements— 7 ‘‘(I) obligating the faculty of the 8 academy to hold advanced degrees, or 9 prohibiting the faculty of the academy 10 from holding advanced degrees; 11 ‘‘(II) obligating such faculty to 12 conduct academic research; 13 ‘‘(III) related to the physical in- 14 frastructure of the academy; 15 ‘‘(IV) related to the number of 16 course credits required as part of the 17 program of study; 18 ‘‘(V) related to the under- 19 graduate coursework completed by 20 teachers teaching on alternative cer- 21 tificates, licenses, or credentials, as 22 long as such teachers have success- 23 fully passed all relevant State-ap- 24 proved content area examinations; or 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00348 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 349 •S 1094 IS ‘‘(VI) related to obtaining addi- 1 tional accreditation from a national 2 accrediting body; and 3 ‘‘(iii) limits admission to its program 4 to candidates who demonstrate strong po- 5 tential to improve student achievement, 6 based on a rigorous selection process that 7 reviews a candidate’s prior academic 8 achievement or record of professional ac- 9 complishment. 10 ‘‘(B) STATE AUTHORIZER.—The term 11 ‘State authorizer’ means an entity designated 12 by the Governor of a State to recognize teacher 13 or principal preparation academies within the 14 State that— 15 ‘‘(i) enters into an agreement with a 16 teacher or principal preparation academy 17 that specifies the goals expected of the 18 academy, as described in subparagraph 19 (A)(i); 20 ‘‘(ii) may be a nonprofit organization, 21 State educational agency, or other public 22 entity, or consortium of such entities (in- 23 cluding a consortium of States); and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00349 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 350 •S 1094 IS ‘‘(iii) does not reauthorize a teacher 1 or principal preparation academy if the 2 academy fails to produce the minimum 3 number or percentage of effective teachers 4 or principals, respectively, identified in the 5 academy’s authorizing agreement. 6 ‘‘(c) SUPPLEMENT, NOT SUPPLANT.—Funds re- 7 ceived under this subpart shall be used to supplement, and 8 not supplant, non-Federal funds that would otherwise be 9 used for activities authorized under this subpart. 10 ‘‘Subpart 2—Subgrants to Local Educational 11 Agencies 12 ‘‘SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGEN- 13 CIES. 14 ‘‘(a) IN GENERAL.—The Secretary may make a grant 15 to a State under subpart 1 only if the State educational 16 agency agrees to distribute the funds described in this sec- 17 tion as subgrants to local educational agencies under this 18 subpart. 19 ‘‘(b) ALLOCATIONS.— 20 ‘‘(1) IN GENERAL.—From the total amount re- 21 served by a State under section 2113(a)(1) for a fis- 22 cal year, the State educational agency shall allocate 23 to each of the eligible local educational agencies in 24 the State for such fiscal year the sum of— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00350 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 351 •S 1094 IS ‘‘(A) an amount that bears the same rela- 1 tionship to 20 percent of the total amount re- 2 served as the number of individuals age 5 3 through 17 in the geographic area served by the 4 agency, as determined by the Secretary on the 5 basis of the most recent satisfactory data, bears 6 to the number of those individuals in the geo- 7 graphic areas served by all the local educational 8 agencies in the State, as so determined; and 9 ‘‘(B) an amount that bears the same rela- 10 tionship to 80 percent of the total amount re- 11 served as the number of individuals age 5 12 through 17 from families with incomes below 13 the poverty line in the geographic area served 14 by the agency, as determined by the Secretary 15 on the basis of the most recent satisfactory 16 data, bears to the number of those individuals 17 in the geographic areas served by all the local 18 educational agencies in the State, as so deter- 19 mined. 20 ‘‘(2) HOLD HARMLESS.— 21 ‘‘(A) IN GENERAL.—Notwithstanding para- 22 graph (1), the State educational agency shall 23 allocate to each of the eligible local educational 24 agencies in the State an amount that is not less 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00351 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 352 •S 1094 IS than 90 percent of the allocation the eligible 1 local educational agency received for the pre- 2 vious fiscal year under this part. 3 ‘‘(B) RATABLE REDUCTION.—If insuffi- 4 cient funds are appropriated to allocate the 5 amounts that all eligible local educational agen- 6 cies in the State are eligible to receive under 7 subparagraph (A) for a fiscal year, the Sec- 8 retary shall ratably reduce those amounts for 9 the fiscal year. 10 ‘‘SEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESS- 11 MENT. 12 ‘‘(a) IN GENERAL.—To be eligible to receive a 13 subgrant under this subpart, a local educational agency 14 shall— 15 ‘‘(1) submit an application to the State edu- 16 cational agency at such time, in such manner, and 17 containing such information as the State educational 18 agency may reasonably require; and 19 ‘‘(2) conduct, with the involvement of school 20 staff and other stakeholders, as applicable, an as- 21 sessment of the human capital needs of the local 22 educational agency, including in the areas set forth 23 under section 2141(b), as applicable. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00352 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 353 •S 1094 IS ‘‘(b) CONTENTS.—Each application submitted under 1 this section shall include the following: 2 ‘‘(1) NEEDS ASSESSMENT.—A description of 3 the results of the needs assessment conducted under 4 subsection (a)(2) and how the local educational 5 agency will align uses of funds with such assess- 6 ment. 7 ‘‘(2) PERFORMANCE MEASURES.—A description 8 of the performance measures and activities the local 9 educational agency will use to address the needs 10 identified in such assessment. 11 ‘‘(3) PROFESSIONAL GROWTH AND IMPROVE- 12 MENT SYSTEM.—An assurance that the local edu- 13 cational agency will create, or improve, and imple- 14 ment a professional growth and improvement system 15 as by a date identified by the local educational agen- 16 cy and approved by the State educational agency 17 that shall not be later than the 2015–2016 school 18 year. 19 ‘‘(4) PROFESSIONAL DEVELOPMENT.—A de- 20 scription of the professional development activities 21 that will be made available to teachers and prin- 22 cipals under this subpart and how the local edu- 23 cational agency will ensure that the professional de- 24 velopment needs of teachers and principals, as iden- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00353 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 354 •S 1094 IS tified by the professional growth and improvement 1 system, will be met using funds under this subpart. 2 ‘‘(5) ENCOURAGING COLLABORATION TO PRO- 3 MOTE EDUCATOR READINESS.—An assurance that 4 the local educational agency is encouraging collabo- 5 ration with higher education-based educator prepa- 6 ration programs to promote the readiness of new 7 educators entering the profession through clinical ex- 8 perience and interaction, as well as other activities. 9 ‘‘(6) INTEGRATION OF TECHNOLOGY INTO CUR- 10 RICULA AND INSTRUCTION.—A description of how 11 the local educational agency will integrate funds 12 under this subpart with funds received under part D 13 that are used for professional development to train 14 teachers to integrate technology into curricula and 15 instruction to improve teaching, learning, and tech- 16 nology literacy. 17 ‘‘(7) EVIDENCE-BASED ACTIVITIES.—A descrip- 18 tion of how the activities to be carried out by the 19 State educational agency under this subpart will be 20 evidence-based and an explanation of why the activi- 21 ties are expected to improve student achievement. 22 ‘‘SEC. 2123. LOCAL USE OF FUNDS. 23 ‘‘(a) IN GENERAL.—A local educational agency that 24 receives a subgrant under section 2121 shall use subgrant 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00354 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 355 •S 1094 IS funds to address the achievement of students in schools 1 designated as focus schools under section 1116(c) and pri- 2 ority schools under section 1116(d) and schools not meet- 3 ing their performance targets, as described in section 4 1116(b). 5 ‘‘(b) PROFESSIONAL DEVELOPMENT.— 6 ‘‘(1) IN GENERAL.—A local educational agency 7 that receives a subgrant under section 2121 shall 8 use subgrant funds to develop and carry out profes- 9 sional development, which may include joint profes- 10 sional development for teachers, principals, and 11 other relevant school staff with early childhood edu- 12 cation program staff. 13 ‘‘(2) PRIORITY SCHOOLS; FOCUS SCHOOLS.— 14 Not less than 20 percent of subgrant funds— 15 ‘‘(A) shall be used to provide professional 16 development for teachers serving students in 17 schools identified as priority schools under sec- 18 tion 1116(d) and not receiving school improve- 19 ment funds as described in section 1116(f); and 20 ‘‘(B) if a local educational agency has ex- 21 cess funds after meeting the needs of teachers 22 serving students in priority schools, as required 23 under subparagraph (A), may be used to pro- 24 vide professional development for teachers serv- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00355 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 356 •S 1094 IS ing students in schools identified as focus 1 schools under section 1116(c). 2 ‘‘(c) PERMISSIBLE USES OF FUNDS.—A local edu- 3 cational agency that receives a subgrant under section 4 2121 may use subgrant funds to implement strategies that 5 lead to increased student achievement for all students, in- 6 cluding English learners and students with disabilities, by 7 carrying out 1 or more of the following activities: 8 ‘‘(1) Developing, implementing and improving 9 an induction program or a mentoring program. 10 ‘‘(2) Improving within-district equity in the dis- 11 tribution of teachers consistent with the require- 12 ments of section 1111(b)(1)(R). 13 ‘‘(3) Developing and implementing a profes- 14 sional growth and improvement system. 15 ‘‘(4) Carrying out in-service training for school 16 personnel in— 17 ‘‘(A) the techniques and supports needed 18 for early identification of children with trauma 19 histories, and children with, or at risk of, men- 20 tal illness; 21 ‘‘(B) the use of referral mechanisms that 22 effectively link such children to appropriate 23 treatment and intervention services in the 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00356 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 357 •S 1094 IS school and in the community, where appro- 1 priate; and 2 ‘‘(C) forming partnerships between school- 3 based mental health programs and public or 4 private mental health organizations. 5 ‘‘(5) Increasing teacher capacity to evaluate 6 student work and use student achievement data and 7 creating career ladders to provide opportunities for 8 highly rated teachers or paraprofessionals to ad- 9 vance or take on additional roles and responsibilities. 10 ‘‘(6) Recruiting, preparing, placing, supporting, 11 developing, rewarding, and retaining highly rated 12 teachers and principals in high-need schools and low- 13 performing schools. 14 ‘‘(7) Reducing class size for prekindergarten 15 through grade 3, by an amount and to a level con- 16 sistent with what scientifically valid research has 17 found to improve student achievement. 18 ‘‘(d) SUPPLEMENT, NOT SUPPLANT.—Funds re- 19 ceived under this subpart shall be used to supplement, and 20 not supplant, non-Federal funds that would otherwise be 21 used for activities authorized under this subpart. 22 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00357 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 358 •S 1094 IS ‘‘Subpart 3—National Leadership Activities 1 ‘‘SEC. 2131. NATIONAL LEADERSHIP ACTIVITIES. 2 ‘‘From the funds made available to carry out this 3 part for a fiscal year, the Secretary is authorized to set 4 aside not more than 1 percent to carry out the following 5 activities related to the purpose of this part: 6 ‘‘(1) Research and development. 7 ‘‘(2) Technical assistance. 8 ‘‘(3) Outreach and dissemination activities di- 9 rectly or through grants, contracts, or cooperative 10 agreements. 11 ‘‘(4) Activities relating to gifted and talented 12 students, as described in section 2132. 13 ‘‘SEC. 2132. GIFTED AND TALENTED STUDENTS. 14 ‘‘The Secretary shall— 15 ‘‘(1) acting through the Director of the Insti- 16 tute of Education Sciences, continue research and 17 development activities related to the education of 18 gifted and talented students, particularly research 19 and development activities related to such students 20 who reside in rural communities or have been under- 21 represented as gifted and talented; 22 ‘‘(2) support a National Research Center on the 23 Gifted and Talented that conducts research and 24 serves as a national clearinghouse for evidence-based 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00358 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 359 •S 1094 IS best practices to improve the identification and in- 1 struction of gifted and talented students; and 2 ‘‘(3) administer demonstration grants, in con- 3 sultation with the Director of the Institute of Edu- 4 cation Sciences, to programs that build and enhance 5 the ability of elementary school and secondary school 6 personnel to support gifted and talented students. 7 ‘‘Subpart 4—Accountability 8 ‘‘SEC. 2141. ACCOUNTABILITY. 9 ‘‘(a) IN GENERAL.— 10 ‘‘(1) STATE REPORT.—Each State that receives 11 a grant under subpart 1 shall annually submit to the 12 Secretary, in a manner prescribed by the Secretary, 13 and make public, a State Report on program per- 14 formance and results under such grant. Such State 15 Report shall provide the information required under 16 subsection (b). 17 ‘‘(2) LOCAL EDUCATIONAL AGENCY REPORT.— 18 Each local educational agency that receives a 19 subgrant under subpart 2 shall annually submit to 20 the State, in a manner prescribed by the State, and 21 make public, a Local Educational Agency Report on 22 program performance and results under such 23 subgrant. Such Local Educational Agency Report 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00359 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 360 •S 1094 IS shall provide the information required under sub- 1 section (b). 2 ‘‘(3) FERPA COMPLIANCE.—Each State and 3 local educational agency that submits a report in 4 compliance with this subsection shall collect, report, 5 and disseminate information contained in such re- 6 port in compliance with section 444 of the General 7 Education Provisions Act (20 U.S.C. 1232g, com- 8 monly known as the ‘Family Educational Rights and 9 Privacy Act of 1974’). 10 ‘‘(4) TEACHER AND PRINCIPAL PRIVACY.—No 11 State or local educational agency shall publicly re- 12 port information in compliance with this subsection 13 in a case in which the results would reveal personally 14 identifiable information about an individual teacher 15 or principal. 16 ‘‘(b) INFORMATION.—Each State Report and Local 17 Educational Agency Report shall contain, as appro- 18 priate— 19 ‘‘(1) a description of how funds have been used, 20 including how funds have been used to address the 21 needs of teachers serving students in schools not 22 meeting performance targets, as described in section 23 1116(b), and schools identified as focus schools and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00360 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 361 •S 1094 IS priority schools under subsections (c) and (d) of sec- 1 tion 1116 and the results of the use of those funds; 2 ‘‘(2) the number of highly rated teachers in the 3 local educational agency teaching in schools identi- 4 fied as focus schools and priority schools under sub- 5 sections (c) and (d) of section 1116; 6 ‘‘(3) student achievement data, by teacher prep- 7 aration program within the State, for students 8 taught by such program’s graduates; 9 ‘‘(4) a description of the professional growth 10 and improvement system required under section 11 2122; 12 ‘‘(5) a description of how chosen professional 13 development activities improved teacher and prin- 14 cipal performance using the professional growth and 15 improvement system; and 16 ‘‘(6) how funds have been used to contribute to 17 the equitable distribution of teachers. 18 ‘‘Subpart 5—Principal Recruitment and Training 19 ‘‘SEC. 2151. PRINCIPAL RECRUITMENT AND TRAINING 20 GRANT PROGRAM. 21 ‘‘(a) DEFINITIONS.—In this section: 22 ‘‘(1) ASPIRING PRINCIPAL.—The term ‘aspiring 23 principal’ means an individual who is enrolled in a 24 principal preparation program’s preservice residency 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00361 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 362 •S 1094 IS that provides training in instructional leadership, or- 1 ganizational management, and the development of 2 teachers. 3 ‘‘(2) CURRENT PRINCIPAL.—The term ‘current 4 principal’ means an individual who, as of the date of 5 the determination of participation in a program 6 under this section, is employed as a principal or has 7 been employed as a principal. 8 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en- 9 tity’ means— 10 ‘‘(A) a local educational agency or edu- 11 cational service agency that serves an eligible 12 school or a consortium of such agencies; 13 ‘‘(B) a State educational agency or a con- 14 sortium of such agencies; 15 ‘‘(C) a State educational agency in part- 16 nership with 1 or more local educational agen- 17 cies or educational service agencies that serve 18 an eligible school; 19 ‘‘(D) an entity described in subparagraph 20 (A), (B), or (C) in partnership with 1 or more 21 nonprofit organizations or institutions of higher 22 education; or 23 ‘‘(E) an institution of higher education or 24 a nonprofit organization, if the institution or 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00362 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 363 •S 1094 IS nonprofit organization can demonstrate a 1 record of— 2 ‘‘(i) preparing principals who have 3 been able to improve student achievement 4 substantially; and 5 ‘‘(ii) placing a significant percentage 6 of such principals in eligible schools. 7 ‘‘(4) ELIGIBLE SCHOOL.—The term ‘eligible 8 school’ means a public school, including a public 9 charter school, that meets 1 or more of the following 10 criteria: 11 ‘‘(A) Is a high-need school. 12 ‘‘(B) Is identified as a priority school 13 under section 1116(d). 14 ‘‘(C) Is identified as a focus school under 15 section 1116(c). 16 ‘‘(D) In the case of a public school con- 17 taining middle grades, feeds into a public high 18 school that has less than a 60 percent gradua- 19 tion rate. 20 ‘‘(E) Is a rural school served by a local 21 educational agency that is eligible to receive as- 22 sistance under part B of title VI. 23 ‘‘(5) HIGH-NEED SCHOOL.— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00363 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 364 •S 1094 IS ‘‘(A) IN GENERAL.—The term ‘high-need 1 school’ means— 2 ‘‘(i) an elementary school or middle 3 school in which not less than 50 percent of 4 the enrolled students are children from 5 low-income families; or 6 ‘‘(ii) a high school in which not less 7 than 40 percent of the enrolled students 8 are children from low-income families, 9 which may be calculated using comparable 10 data from feeder schools. 11 ‘‘(B) LOW-INCOME FAMILY.—For purposes 12 of subparagraph (A), the term ‘low-income fam- 13 ily’ means a family— 14 ‘‘(i) in which the children are eligible 15 for a free or reduced price lunch under the 16 Richard B. Russell National School Lunch 17 Act (42 U.S.C. 1751 et seq.); 18 ‘‘(ii) receiving assistance under a 19 State program funded under part A of title 20 IV of the Social Security Act (42 U.S.C. 21 601 et seq.); or 22 ‘‘(iii) in which the children are eligible 23 to receive medical assistance under the 24 Medicaid program. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00364 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 365 •S 1094 IS ‘‘(6) MENTOR PRINCIPAL.—The term ‘mentor 1 principal’ means an individual with the following 2 characteristics: 3 ‘‘(A) Strong instructional leadership skills 4 in an elementary school or secondary school set- 5 ting. 6 ‘‘(B) Strong verbal and written commu- 7 nication skills, which may be demonstrated by 8 performance on appropriate assessments. 9 ‘‘(C) Knowledge, skills, and attitudes to— 10 ‘‘(i) establish and maintain a profes- 11 sional learning community that effectively 12 extracts information from data to improve 13 the school culture and personalize instruc- 14 tion for all students to result in improved 15 student achievement; 16 ‘‘(ii) create and maintain a learning 17 culture within the school that provides a 18 climate conducive to the development of all 19 members of the school community, includ- 20 ing one of continuous learning for adults 21 tied to student learning and other school 22 goals; 23 ‘‘(iii) engage in continuous profes- 24 sional development, utilizing a combination 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00365 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 366 •S 1094 IS of academic study, developmental simula- 1 tion exercises, self-reflection, mentorship, 2 and internship; 3 ‘‘(iv) understand youth development 4 appropriate to the age level served by the 5 school and from this knowledge set high 6 expectations and standards for the aca- 7 demic, social, emotional, and physical de- 8 velopment of all students; and 9 ‘‘(v) actively engage the community to 10 create shared responsibility for student 11 academic performance and successful de- 12 velopment. 13 ‘‘(7) MIDDLE GRADE.—The term ‘middle grade’ 14 means any of grades 5 through 8. 15 ‘‘(8) SCHOOL-LEVEL STUDENT OUTCOMES.— 16 The term ‘school-level student outcomes’ means, at 17 the whole school level and for each subgroup of stu- 18 dents described in section 1111(a)(3)(D) who are 19 served by the school— 20 ‘‘(A) student academic achievement and 21 student growth; and 22 ‘‘(B) additional outcomes, including, at the 23 high school level, graduation rates and the per- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00366 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 367 •S 1094 IS centage of students taking college-level 1 coursework. 2 ‘‘(b) PROGRAM AUTHORIZED.— 3 ‘‘(1) PRINCIPAL RECRUITMENT AND TRAINING 4 GRANT PROGRAM.—The Secretary shall award 5 grants to eligible entities to enable such entities to 6 recruit, prepare, place, and support principals in eli- 7 gible schools. 8 ‘‘(2) DURATION.— 9 ‘‘(A) IN GENERAL.— 10 ‘‘(i) NOT MORE THAN 5 YEAR DURA- 11 TION.—A grant awarded under this section 12 shall be not more than 5 years in duration. 13 ‘‘(ii) RENEWAL.—The Secretary 14 may— 15 ‘‘(I) renew a grant awarded 16 under this section based on perform- 17 ance; and 18 ‘‘(II) in renewing a grant under 19 subclause (I), award the grantee in- 20 creased funding to scale up or rep- 21 licate the grantee’s program. 22 ‘‘(B) PERFORMANCE.—In evaluating per- 23 formance for purposes of subparagraph 24 (A)(ii)(I)— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00367 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 368 •S 1094 IS ‘‘(i) the Secretary’s primary consider- 1 ation shall be the extent to which the prin- 2 cipals recruited, prepared, placed, or sup- 3 ported by the grantee have improved 4 school-level student outcomes in eligible 5 schools; and 6 ‘‘(ii) the Secretary shall also consider 7 the percentage of program graduates— 8 ‘‘(I) who become principals in eli- 9 gible schools; 10 ‘‘(II) who remain principals in el- 11 igible schools for multiple years; and 12 ‘‘(III) who are highly rated prin- 13 cipals, as determined by the State 14 educational agency. 15 ‘‘(c) APPLICATION AND SELECTION CRITERIA.— 16 ‘‘(1) APPLICATION.—An eligible entity that de- 17 sires a grant under this section shall submit to the 18 Secretary an application at such time, in such man- 19 ner, and accompanied by such information as the 20 Secretary may require. 21 ‘‘(2) SELECTION CRITERIA.—In awarding 22 grants under this section, the Secretary shall con- 23 sider— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00368 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 369 •S 1094 IS ‘‘(A) the extent to which the entity has the 1 capacity to implement the activities described in 2 subsection (e) that the entity proposes to imple- 3 ment; 4 ‘‘(B) the extent to which the entity has a 5 demonstrated record of effectively preparing 6 high-quality principals or an evidenced-based 7 plan for preparing principals to improve school- 8 level student outcomes in eligible schools; 9 ‘‘(C) the extent to which the entity has a 10 demonstrated record of effectiveness or an evi- 11 dence-based plan for providing principals 12 trained by the entity with the guidance, sup- 13 port, and tools they need to improve school-level 14 student outcomes in eligible schools, including 15 providing principals with resources, such as 16 funding to ensure supports for quality teaching, 17 access to best practices, and decisionmaking au- 18 thority over areas such as personnel, budget, 19 curriculum, or scheduling; 20 ‘‘(D) the likelihood of the entity sustaining 21 the project with funds other than funds pro- 22 vided under this section, which other funds may 23 include funds provided under this title other 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00369 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 370 •S 1094 IS than this section, once the grant is no longer 1 available to the entity; and 2 ‘‘(E) the extent to which the proposed 3 project will serve rural areas or high-poverty 4 areas. 5 ‘‘(d) AWARDING GRANTS.— 6 ‘‘(1) PRIORITY.—In awarding grants under this 7 section, the Secretary shall give priority to an eligi- 8 ble entity with a record of preparing or developing 9 principals who— 10 ‘‘(A) have improved school-level student 11 outcomes; 12 ‘‘(B) have become principals in eligible 13 schools; and 14 ‘‘(C) remain principals in eligible schools 15 for multiple years. 16 ‘‘(2) GRANTS FOR RURAL SCHOOLS AND LOW- 17 EST PERFORMING SCHOOLS.—In awarding grants 18 under this section, the Secretary shall, consistent 19 with the quality of applications— 20 ‘‘(A) award not less than 1 grant to an eli- 21 gible entity that intends to establish a program 22 that focuses on training or supporting prin- 23 cipals and other school leaders for rural schools; 24 and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00370 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 371 •S 1094 IS ‘‘(B) award not less than 1 grant to an eli- 1 gible entity that intends to establish a program 2 to train and support principals and other school 3 leaders to lead reform efforts in persistently 4 low-achieving schools in a State or more than 1 5 State. 6 ‘‘(3) REFORM EFFORTS.—An eligible entity 7 that receives a grant under this section to carry out 8 a program described in paragraph (2)(B)— 9 ‘‘(A) during the first year of the grant, 10 shall use grant funds— 11 ‘‘(i) to bring together experts and 12 stakeholders who are committed to dra- 13 matic and effective reform of persistently 14 low-achieving schools who can provide 15 input about what the evidence base shows 16 regarding effective school leadership in 17 such schools; 18 ‘‘(ii) to collect and develop, in con- 19 sultation with experts and stakeholders, a 20 core body of knowledge regarding effective 21 school reform leadership in persistently 22 low-achieving schools, which is evidence- 23 based; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00371 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 372 •S 1094 IS ‘‘(iii) to develop, drawing on the core 1 body of knowledge developed in clause (ii), 2 a leadership training program for prin- 3 cipals, mentors, and other school leaders, 4 to prepare and support the principals, 5 mentors, and leaders to lead effective 6 school reform efforts in persistently low- 7 achieving schools; and 8 ‘‘(B) during each year of the grant after 9 the first year, shall use grant funds— 10 ‘‘(i) to carry out the leadership train- 11 ing program described in subparagraph 12 (A)(iii); 13 ‘‘(ii) to ensure that the leadership 14 training program described in subpara- 15 graph (A)(iii) is informed, on an ongoing 16 basis, by consultation with experts and 17 stakeholders, and by the program’s track- 18 ing of the performance of its graduates in 19 leading school reform efforts in persistently 20 low-achieving schools; 21 ‘‘(iii) to select cohorts of trained or 22 experienced principals to lead school re- 23 form efforts in persistently low-achieving 24 schools; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00372 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 373 •S 1094 IS ‘‘(iv) to provide support for, and en- 1 courage interaction among, cohorts of prin- 2 cipals after completion of the leadership 3 training program described in subpara- 4 graph (A)(iii); and 5 ‘‘(v) to disseminate information to 6 principals, mentors, and other school lead- 7 ers engaging in reform efforts in persist- 8 ently low-achieving schools. 9 ‘‘(e) ACTIVITIES.—Each eligible entity that receives 10 a grant under this section shall use grant funds to carry 11 out the following: 12 ‘‘(1) To recruit and select, using rigorous, com- 13 petency-based, selection criteria, and train and sup- 14 port a diverse group of aspiring principals or current 15 principals, or both, for work in eligible schools. 16 ‘‘(2) Tracking participants to determine if such 17 individuals are attaining, or have attained, the com- 18 petencies needed to complete the training and enter 19 into an effective leadership role, and provide coun- 20 seling and, if appropriate, separation, to participants 21 who the entity determines will not attain, or have 22 not attained, those competencies. 23 ‘‘(3) If the eligible entity provides a program 24 for aspiring principals— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00373 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 374 •S 1094 IS ‘‘(A) candidates shall demonstrate aware- 1 ness of and have experience with the knowledge, 2 skills, and attitudes to— 3 ‘‘(i) establish and maintain a profes- 4 sional learning community that effectively 5 extracts information from data to improve 6 the school culture and personalize instruc- 7 tion for all students to result in improved 8 student achievement; 9 ‘‘(ii) create and maintain a learning 10 culture within the school that provides a 11 climate conducive to the development of all 12 members of the school community, includ- 13 ing one of continuous learning for adults 14 tied to student learning and other school 15 goals; 16 ‘‘(iii) engage in continuous profes- 17 sional development, utilizing a combination 18 of academic study, developmental simula- 19 tion exercises, self-reflection, mentorship, 20 and internship; 21 ‘‘(iv) understand youth development 22 appropriate to the age level served by the 23 school and from this knowledge set high 24 expectations and standards for the aca- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00374 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 375 •S 1094 IS demic, social, emotional, and physical de- 1 velopment of all students; and 2 ‘‘(v) actively engage the community to 3 create shared responsibility for student 4 academic performance and successful de- 5 velopment; and 6 ‘‘(B) the program shall provide aspiring 7 principals with— 8 ‘‘(i) a preservice residency that is not 9 less than 1 year in length, and that in- 10 cludes coaching from a mentor principal, 11 and instructional leadership and organiza- 12 tional management experience; 13 ‘‘(ii) focused coursework on instruc- 14 tional leadership, organizational manage- 15 ment, and the use of a variety of data for 16 purposes of— 17 ‘‘(I) instruction; 18 ‘‘(II) evaluation and development 19 of teachers; and 20 ‘‘(III) development of highly ef- 21 fective school organizations; and 22 ‘‘(iii) ongoing support, mentoring, and 23 professional development for not less than 24 2 years after the aspiring principals com- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00375 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 376 •S 1094 IS plete the residency and commence work as 1 assistant principals and principals. 2 ‘‘(4) To train mentors for principals who are 3 serving or who wish to serve in eligible schools or for 4 aspiring principals who wish to serve in such eligible 5 schools, or for both. 6 ‘‘(5) Providing differentiated training to partici- 7 pants in competencies that evidence shows are crit- 8 ical to improving school-level student outcomes in el- 9 igible schools, such as— 10 ‘‘(A) recruiting, training, supervising, sup- 11 porting, and evaluating teachers and other 12 staff; 13 ‘‘(B) developing teams of effective school 14 staff, and distributing among members of such 15 teams responsibilities for leading and improving 16 their schools; 17 ‘‘(C) establishing learning communities 18 where principals and teachers— 19 ‘‘(i) share a school mission and goals 20 with an explicit vision of quality teaching 21 and learning that guides all instructional 22 decisions; 23 ‘‘(ii) commit to improving student 24 outcomes and performances; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00376 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 377 •S 1094 IS ‘‘(iii) set a continuous cycle of collec- 1 tive inquiry and improvement; 2 ‘‘(iv) foster a culture of collaboration 3 where teachers and principals work to- 4 gether on a regular basis to analyze and 5 improve teaching and learning; and 6 ‘‘(v) support and share leadership; 7 ‘‘(D) where applicable for participants 8 serving elementary schools, offering high-quality 9 early childhood education to the students such 10 participants are serving and facilitating the 11 transition of children from early learning set- 12 tings to elementary school; 13 ‘‘(E) setting high expectations for student 14 achievement; 15 ‘‘(F) addressing the unique needs of spe- 16 cific student populations served, such as stu- 17 dents with disabilities, students who are 18 English learners, and students who are home- 19 less or in foster care; 20 ‘‘(G) managing budget resources and 21 school time to support high-quality instruction 22 and improvements in student achievement, such 23 as by extending the school day and year and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00377 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 378 •S 1094 IS providing common planning time to teachers 1 and staff; 2 ‘‘(H) working effectively with students’ 3 parents and other members of the community; 4 ‘‘(I) using technology and multiple sources 5 of data to personalize instruction; 6 ‘‘(J) monitoring and improving the align- 7 ment and effectiveness of curriculum, instruc- 8 tion, and assessment, using a variety of data 9 providing evidence of student and school out- 10 comes; and 11 ‘‘(K) developing and maintaining a positive 12 school culture where students, teachers and 13 other staff are motivated to collaborate and 14 work together to achieve goals. 15 ‘‘(6) Delivering high-quality, differentiated, 16 school-level support services and training to current 17 principals of eligible schools, if the eligible entity 18 provides a program for current principals, or during 19 the period described in paragraph (3)(C) to individ- 20 uals who have completed the aspiring principal resi- 21 dency, if the eligible entity provides a program for 22 aspiring principals, to help meet the specific needs 23 of the eligible schools they serve, which may in- 24 clude— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00378 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 379 •S 1094 IS ‘‘(A) training and support for the design of 1 school-wide improvement plans based on the di- 2 agnosis of school conditions and needs informed 3 by data and analysis of classroom and school 4 practices; and 5 ‘‘(B) support in organizing and training 6 the teams described in paragraph (5)(B). 7 ‘‘(7) Making available any training materials 8 funded under the grant, such as syllabi, assign- 9 ments, or selection rubrics, to the Department for 10 public dissemination. 11 ‘‘(8) Tracking the effectiveness of the program 12 based on, at a minimum— 13 ‘‘(A) school-level student outcomes at the 14 schools where program graduates have served 15 as principals; 16 ‘‘(B) the percentage of program graduates 17 who become principals in eligible schools; and 18 ‘‘(C) the percentage of program graduates 19 who remain principals in eligible schools for 20 multiple years. 21 ‘‘(9) Using the data on the effectiveness of the 22 program for, among other purposes, the continuous 23 improvement of the program. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00379 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 380 •S 1094 IS ‘‘(f) ANNUAL REPORT.—An eligible entity that re- 1 ceives a grant under this section shall submit an annual 2 report, beginning in the third year of the grant, to the 3 Secretary regarding— 4 ‘‘(1) school-level student outcomes resulting 5 from implementation of the grant activities; and 6 ‘‘(2) data on— 7 ‘‘(A) the percentage of program graduates 8 who become principals in eligible schools; 9 ‘‘(B) the percentage of graduates who re- 10 main principals in eligible schools for multiple 11 years; and 12 ‘‘(C) the percentage of program graduates 13 who are highly rated, as determined by the 14 State educational agency. 15 ‘‘(g) MATCHING REQUIREMENT.— 16 ‘‘(1) MATCHING REQUIREMENT.— 17 ‘‘(A) IN GENERAL.—An eligible entity that 18 receives a grant under this section shall con- 19 tribute annually to the activities assisted under 20 such grant matching funds in an amount equal 21 to not less than 20 percent of the amount of 22 the grant from non-Federal sources. 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00380 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 381 •S 1094 IS ‘‘(B) MATCHING FUNDS.—The matching 1 funds requirement under subparagraph (A) may 2 be met by— 3 ‘‘(i) contributions that are in cash or 4 in kind, fairly evaluated; and 5 ‘‘(ii) payments of a salary or stipend 6 to an aspiring principal during the aspiring 7 principal’s residency year. 8 ‘‘(2) WAIVER.—The Secretary may waive or re- 9 duce the matching requirement under paragraph (1) 10 if the eligible entity demonstrates a need for such 11 waiver or reduction due to financial hardship. 12 ‘‘(h) SUPPLEMENT, NOT SUPPLANT.—Grant funds 13 provided under this section shall be used to supplement, 14 and not supplant, any other Federal, State, or local funds 15 otherwise available to carry out the activities described in 16 this section. 17 ‘‘PART B—TEACHER PATHWAYS TO THE 18 CLASSROOM 19 ‘‘SEC. 2201. TEACHER PATHWAYS. 20 ‘‘(a) PURPOSE.—It is the purpose of this section to 21 support the recruitment, selection, preparation, place- 22 ment, retention, and support of teachers in high-need sub- 23 jects or fields who will improve student academic achieve- 24 ment and student outcomes at high-needs schools. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00381 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 382 •S 1094 IS ‘‘(b) DEFINITIONS.—In this section: 1 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en- 2 tity’ means— 3 ‘‘(A) a partnership of— 4 ‘‘(i) 1 or more institutions of higher 5 education or nonprofit organizations; and 6 ‘‘(ii) a high-need local educational 7 agency and 1 or more other local edu- 8 cational agencies or State educational 9 agencies; or 10 ‘‘(B) an institution of higher education or 11 a nonprofit organization that can demonstrate a 12 record of— 13 ‘‘(i) preparing teachers who are suc- 14 cessful in improving student achievement; 15 and 16 ‘‘(ii) placing a significant percentage 17 of those teachers in high-need schools. 18 ‘‘(2) TEACHER IN A HIGH-NEED SUBJECT OR 19 FIELD.—The term ‘teacher in a high-need subject or 20 field’ means a teacher of— 21 ‘‘(A) students with disabilities; 22 ‘‘(B) English learners; or 23 ‘‘(C) science, technology, engineering, or 24 mathematics. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00382 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 383 •S 1094 IS ‘‘(c) AUTHORIZATION OF GRANT AWARDS.—The Sec- 1 retary shall award grants to eligible entities to pay for the 2 Federal share of the cost of carrying out the activities de- 3 scribed in this section. 4 ‘‘(d) APPLICATIONS.—An eligible entity that desires 5 to receive a grant under this section shall submit an appli- 6 cation to the Secretary at such time, in such manner, and 7 accompanied by such information as the Secretary may 8 require. 9 ‘‘(e) CONSIDERATIONS.—In awarding grants under 10 this section, the Secretary shall consider the geographic 11 diversity of the eligible entities, including the distribution 12 of grants among urban, suburban, and rural areas. 13 ‘‘(f) PRIORITY.—In awarding grants under this sec- 14 tion, the Secretary shall give priority to applicants that 15 demonstrate a record of— 16 ‘‘(1) recruiting college undergraduates, recent 17 college graduates, graduate students, and profes- 18 sionals with a demonstrated history of significant 19 academic achievement to become teachers; 20 ‘‘(2) recruiting and selecting candidates who 21 are members of groups underrepresented in the 22 teaching profession; and 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00383 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 384 •S 1094 IS ‘‘(3) preparing teachers who consistently im- 1 prove student academic achievement at high-need 2 schools. 3 ‘‘(g) REQUIRED USE OF FUNDS.—An eligible entity 4 that receives a grant under this section shall use the grant 5 funds for the following: 6 ‘‘(1) To recruit, select, prepare, place, retain, 7 and support teachers for high-need schools and 8 teachers in high-need subjects or fields. 9 ‘‘(2) To prepare all teachers to teach students 10 with disabilities and English learners. 11 ‘‘(3) To prepare teachers in classroom manage- 12 ment, instructional planning and delivery, learning 13 theory and cognitive development, literacy develop- 14 ment, and student assessment. 15 ‘‘(4) To provide school-based, clinical experience 16 at a high-need school that includes observation of 17 and feedback on teacher candidates’ teaching. 18 ‘‘(5) To provide ongoing mentoring and sup- 19 port, which may include coursework, for participants 20 for at least 1 school year. 21 ‘‘(h) PERMISSIBLE USE OF GRANT FUNDS.—An eli- 22 gible entity that receives a grant under this section may 23 use the grant funds to provide financial stipends for teach- 24 er candidates who are not the teacher of record. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00384 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 385 •S 1094 IS ‘‘(i) PERFORMANCE AND GRANT RENEWAL.— 1 ‘‘(1) TRACKING PERFORMANCE.—An eligible 2 entity that receives a grant under this section 3 shall— 4 ‘‘(A) track the placement rate, retention 5 rate, and performance in improving student 6 academic achievement of teachers recruited and 7 prepared by programs funded by the grant; and 8 ‘‘(B) submit data on such performance to 9 the Secretary. 10 ‘‘(2) CONDITIONS FOR GRANT RENEWAL.—The 11 Secretary shall evaluate the information submitted 12 under paragraph (1) and renew a grant awarded 13 under this section only if the data indicate the 14 teachers are successful in improving student aca- 15 demic achievement. 16 ‘‘(j) FISCAL AGENT.—The fiscal agent for an eligible 17 entity that receives a grant under this section may be a 18 local educational agency, State educational agency, insti- 19 tution of higher education, or nonprofit organization that 20 is a partner in the eligible entity. 21 ‘‘(k) MATCHING REQUIREMENTS.— 22 ‘‘(1) FEDERAL SHARE.—Except as provided in 23 paragraph (2)(B), the Federal share for this section 24 shall be a percentage of the cost of the activities as- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00385 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 386 •S 1094 IS sisted under the grant as determined by the Sec- 1 retary. 2 ‘‘(2) NON-FEDERAL SHARE.— 3 ‘‘(A) IN GENERAL.—The non-Federal 4 share provided by an eligible entity receiving a 5 grant under this section shall be a percentage 6 of the cost of the activities assisted under the 7 grant as determined by the Secretary. The non- 8 Federal share may include in-kind contribu- 9 tions. 10 ‘‘(B) SPECIAL RULE.—The Secretary may 11 waive or reduce the amount of the non-Federal 12 share described in subparagraph (A) for any 13 fiscal year if the eligible entity demonstrates to 14 the Secretary that the funds needed to carry 15 out that subparagraph are unavailable due to 16 economic hardship, as determined by the Sec- 17 retary. 18 ‘‘(l) EVALUATION.—From the amount appropriated 19 for this subpart and reserved for evaluation activities in 20 accordance with section 9601(a), the Secretary, acting 21 through the Director of the Institute of Education 22 Sciences, shall, in consultation with the relevant program 23 office at the Department— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00386 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 387 •S 1094 IS ‘‘(1) evaluate the implementation and impact of 1 the program under this section; 2 ‘‘(2) identify best practices for recruiting, se- 3 lecting, preparing, placing, retaining, and supporting 4 teachers in high-need subjects or fields for high-need 5 schools; and 6 ‘‘(3) disseminate research on best practices. 7 ‘‘PART C—TEACHER INCENTIVE FUND PROGRAM 8 ‘‘SEC. 2301. PURPOSES; DEFINITIONS. 9 ‘‘(a) PURPOSES.—The purposes of this part are to 10 assist States, local educational agencies, and nonprofit or- 11 ganizations to develop, implement, improve, or expand 12 strategies to ensure that the most effective teachers and 13 principals are serving in the lowest-performing schools. 14 ‘‘(b) DEFINITIONS.—Except as otherwise provided, in 15 this part: 16 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en- 17 tity’ means— 18 ‘‘(A) a local educational agency or a con- 19 sortium of local educational agencies, which 20 may include a charter school that is a local edu- 21 cational agency; 22 ‘‘(B) a State educational agency, or other 23 State agency designated by the chief executive 24 of a State to participate under this subpart; or 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00387 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 388 •S 1094 IS ‘‘(C) an institution of higher education or 1 nonprofit organization, in partnership with an 2 entity described in subparagraph (A) or (B). 3 ‘‘(2) HIGHLY EFFECTIVE TEACHER OR PRIN- 4 CIPAL.—The term ‘highly effective teacher or prin- 5 cipal’ means a teacher or principal who has not less 6 than 3 years of— 7 ‘‘(A) receiving the highest ratings in a pro- 8 fessional growth and improvement system; or 9 ‘‘(B) if a professional growth and improve- 10 ment system has not yet been implemented, re- 11 ceiving the highest rating category of an exist- 12 ing local educational agency teacher or principal 13 evaluation system. 14 ‘‘(3) HUMAN CAPITAL SYSTEM.—The term 15 ‘human capital system’ means an evidence-based and 16 data-driven system for— 17 ‘‘(A) identifying, recruiting, training, hir- 18 ing, placing, and retaining those individuals 19 who are or are most likely to be highly effective 20 teachers and principals; 21 ‘‘(B) attracting highly effective teachers 22 and principals to high-need schools, including 23 by providing highly effective teachers and prin- 24 cipals in such schools with support and develop- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00388 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 389 •S 1094 IS ment opportunities focused on increasing stu- 1 dent achievement; and 2 ‘‘(C) retaining highly effective teachers and 3 principals in high-need schools over time by cre- 4 ating school environments that enable excellent 5 teaching, including through strategies such as 6 personalized learning, project-based learning, 7 blended learning, distributed leadership, career 8 pathways, and time for collaboration and use of 9 student data in professional learning commu- 10 nities. 11 ‘‘SEC. 2302. TEACHER INCENTIVE FUND GRANTS. 12 ‘‘(a) IN GENERAL.—From the amounts appropriated 13 to carry out this part, the Secretary is authorized to award 14 grants, on a competitive basis, to eligible entities to enable 15 the eligible entities to develop, implement, improve, or ex- 16 pand strategies, including incentives and human capital 17 systems to increase the number of highly effective teachers 18 and principals serving in high-need schools. 19 ‘‘(b) PRIORITY.—In awarding a grant under this 20 part, the Secretary shall give priority to an eligible entity 21 that concentrates the proposed activities in high-need 22 schools designated as priority schools, as described in sec- 23 tion 1116(d), and then to an eligible entity that con- 24 centrates the proposed activities in a State or local edu- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00389 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 390 •S 1094 IS cational agency that has already developed a professional 1 growth and improvement system required under section 2 2122. 3 ‘‘(c) APPLICATIONS.—To be eligible to receive a grant 4 under this part, an eligible entity shall submit an applica- 5 tion to the Secretary, at such time and in such manner 6 as the Secretary may reasonably require. The application 7 shall include, as applicable— 8 ‘‘(1) a description of the strategy that the eligi- 9 ble entity proposes to develop, implement, improve, 10 or expand; 11 ‘‘(2) a description and evidence of the support 12 and commitment of teachers and principals in the 13 school to be served by the project, the community, 14 including community-based organizations, and the 15 local educational agencies, including a demonstration 16 of consultation with teachers and principals in the 17 design and development of the proposal; 18 ‘‘(3) a description of the local educational agen- 19 cy or school to be served by the project, including 20 such student academic achievement, demographic, 21 and socioeconomic information as the Secretary may 22 request; 23 ‘‘(4) a description of the quality of teachers and 24 principals in the local educational agency and the 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00390 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 391 •S 1094 IS schools to be served by the project and how the 1 project will increase the quality of teachers and prin- 2 cipals in a high-need school; 3 ‘‘(5) a description of how the eligible entity will 4 use grant funds under this part in each year of the 5 grant to continuously increase the number of highly 6 effective teachers and principals in the highest-need 7 schools; 8 ‘‘(6) a description of how the eligible entity will 9 continue funding and carrying out the project after 10 the grant period ends; 11 ‘‘(7) a description of the State, local, or other 12 public or private funds that will be used to supple- 13 ment the grant and sustain the activities assisted 14 under the grant at the end of the grant period; and 15 ‘‘(8) a description of the rationale and evidence 16 base for the proposed activities and of any prior ex- 17 perience of the eligible entity in developing and im- 18 plementing such activities. 19 ‘‘(d) USE OF FUNDS.—An eligible entity that receives 20 a grant under this part shall use the grant funds to carry 21 out activities that are designed to develop, implement, im- 22 prove, or expand strategies to increase the number of 23 highly effective teachers or principals serving in high-need 24 schools, consistent with this part, which may include— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00391 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 392 •S 1094 IS ‘‘(1) paying bonuses and increased salaries, if 1 the eligible entity uses an increasing share of non- 2 Federal funds to pay the bonuses and increased sal- 3 aries each year of the grant, to highly effective 4 teachers or principals who work in high-need 5 schools; 6 ‘‘(2) improving a professional growth and im- 7 provement system required under section 2122; 8 ‘‘(3) reforming the local educational agency’s 9 system of compensating teachers and principals; and 10 ‘‘(4) developing and implementing a human 11 capital system. 12 ‘‘(e) DURATION OF GRANTS.— 13 ‘‘(1) IN GENERAL.—The Secretary may award 14 a grant under this part for a period of not more 15 than 5 years. 16 ‘‘(2) LIMITATION.—A local educational agency 17 may receive (whether individually or as part of a 18 consortium or partnership) a grant under this part 19 only twice. A second grant may be awarded only if 20 the Secretary determines that the eligible entity has 21 demonstrated sufficient progress and demonstrates 22 the sustainability of the grant project after the expi- 23 ration of the grant period. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00392 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 393 •S 1094 IS ‘‘(f) EQUITABLE GEOGRAPHIC DISTRIBUTION.—To 1 the extent practicable, the Secretary shall ensure an equi- 2 table geographic distribution of grants under this part, in- 3 cluding the distribution between rural and urban areas. 4 ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Grant funds 5 provided under this part shall be used to supplement, not 6 supplant, other Federal, State, or local funds available to 7 carry out the activities described in this part. 8 ‘‘PART D—ACHIEVEMENT THROUGH 9 TECHNOLOGY AND INNOVATION 10 ‘‘SEC. 2401. SHORT TITLE. 11 ‘‘This part may be cited as the ‘Achievement Through 12 Technology and Innovation Act of 2013’ or the ‘ATTAIN 13 Act’. 14 ‘‘SEC. 2402. PURPOSES AND GOALS. 15 ‘‘The purposes and goals of this part are— 16 ‘‘(1) to ensure that through effective and inno- 17 vative uses of technology every student has access to 18 personalized, rigorous, and relevant learning to meet 19 the goals of this part to raise student achievement, 20 close the achievement gap, and ensure highly effec- 21 tive teaching, and to prepare all students to be tech- 22 nology literate and make sufficient academic growth 23 to succeed in the 21st century digital economy; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00393 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 394 •S 1094 IS ‘‘(2) to evaluate, build upon, and increase the 1 use of evidence-based and innovative systemic edu- 2 cation transformations that center on the use of 3 technology that leads to school improvement, im- 4 proved productivity, and increased student achieve- 5 ment; 6 ‘‘(3) to ensure that all educators are connected 7 in an ongoing manner to technology-based and on- 8 line resources and supports, including through en- 9 hanced ongoing, meaningful professional develop- 10 ment to ensure that— 11 ‘‘(A) all educators are technology literate 12 and effectively use technology to improve in- 13 struction; and 14 ‘‘(B) education administrators possess the 15 capacity to— 16 ‘‘(i) provide leadership in the use of 17 technology for systemic education trans- 18 formation; and 19 ‘‘(ii) improve educational productivity; 20 ‘‘(4) to improve student engagement, oppor- 21 tunity, attendance, graduation rates, and technology 22 access through enhanced or redesigned curriculum 23 or instruction; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00394 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 395 •S 1094 IS ‘‘(5) to more effectively collect and use student 1 performance and other data in a timely manner to 2 inform instruction, address individualized student 3 needs, support school decisionmaking, and support 4 school improvement and increased student achieve- 5 ment, including through delivery of computer-based 6 and online assessments; 7 ‘‘(6) to enhance the use of technology, online 8 learning, and blended learning for systemic edu- 9 cation transformation, including curricula redesign 10 and new instructional strategies to personalize learn- 11 ing; and 12 ‘‘(7) to increase education productivity and re- 13 duce costs through the use of technology, blended 14 learning, and online learning, including for the deliv- 15 ery of online assessments. 16 ‘‘SEC. 2403. DEFINITIONS. 17 ‘‘In this part: 18 ‘‘(1) BLENDED LEARNING.—The term ‘blended 19 learning’ means the combination of online learning 20 and traditional in-person classroom instruction, or 21 technology-based learning, in a supervised classroom 22 setting with some element of student control over 23 time, place, path or pace. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00395 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 396 •S 1094 IS ‘‘(2) DIGITAL LEARNING.—The term ‘digital 1 learning’ means any instructional practice that effec- 2 tively uses technology to strengthen a student’s 3 learning experience and encompasses a wide spec- 4 trum of tools and practices, including— 5 ‘‘(A) interactive learning resources that en- 6 gage students in academic content; 7 ‘‘(B) access to online databases and other 8 primary source documents; 9 ‘‘(C) the use of data to personalize learn- 10 ing and provide targeted supplementary instruc- 11 tion; 12 ‘‘(D) student collaboration with content ex- 13 perts and peers; 14 ‘‘(E) online and computer-based assess- 15 ments; 16 ‘‘(F) digital content, adaptive, and simula- 17 tion software or courseware, 18 ‘‘(G) online courses, online instruction, or 19 digital learning platforms; 20 ‘‘(H) mobile and wireless technologies for 21 learning in school and at home; 22 ‘‘(I) learning environments that allow for 23 rich collaboration and communication; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00396 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 397 •S 1094 IS ‘‘(J) authentic audiences for learning in a 1 relevant, real world experience; and 2 ‘‘(K) teacher participation in virtual pro- 3 fessional communities of practice. 4 ‘‘(3) ELIGIBLE TECHNOLOGY.—The term ‘eligi- 5 ble technology’ means modern information, com- 6 puter, and communication technology hardware, 7 software, services, or tools, including computer or 8 mobile hardware devices and other computer and 9 communications hardware, software applications, 10 systems and platforms, and digital and online con- 11 tent, courseware, and online instruction and other 12 online services and supports. 13 ‘‘(4) E-RATE PROGRAM.—The term ‘E-rate pro- 14 gram’ means the Schools and Libraries Universal 15 Service Support Mechanism under section 16 254(h)(1)(B) of the Communications Act of 1934 17 (47 U.S.C. 254(h)(1)(B)). 18 ‘‘(5) STUDENT TECHNOLOGY LITERACY.—The 19 term ‘student technology literacy’ means student 20 knowledge and skills in using contemporary informa- 21 tion, communication, and learning technologies in a 22 manner necessary for successful employment, life- 23 long learning, and citizenship in the knowledge- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00397 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 398 •S 1094 IS based, digital, and global 21st century, including, at 1 a minimum, the ability to— 2 ‘‘(A) effectively communicate and collabo- 3 rate; 4 ‘‘(B) analyze and solve problems; 5 ‘‘(C) access, evaluate, manage, and create 6 information and otherwise gain information lit- 7 eracy; 8 ‘‘(D) demonstrate creative thinking, con- 9 struct knowledge, and develop innovative prod- 10 ucts and processes; and 11 ‘‘(E) carry out the activities described in 12 subparagraphs (A) through (D) in a safe and 13 ethical manner. 14 ‘‘(6) TECHNOLOGY READINESS SURVEY.—The 15 term ‘technology readiness survey’ means a survey 16 completed by a local educational agency that pro- 17 vides standardized information comparable to the in- 18 formation collected through the technology readiness 19 survey administered under the Race to the Top As- 20 sessment program under section 14006 of division A 21 of the American Recovery and Reinvestment Act of 22 2009 (Public Law 111–5) on the quantity and types 23 of technology infrastructure and access available to 24 the students served by the local educational agency, 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00398 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 399 •S 1094 IS including computer devices, Internet connectivity, 1 operating systems, related network infrastructure, 2 data systems, and— 3 ‘‘(A) requiring— 4 ‘‘(i) an internal review of the degree 5 to which instruction, additional student 6 support, and professional development is 7 delivered in digital formats, media, and 8 platforms and is available to students and 9 educators at any time; 10 ‘‘(ii) an internal review of the ability 11 of educators to use assessments and other 12 student data to personalize and strengthen 13 instruction and identify professional devel- 14 opment needs and priorities; and 15 ‘‘(iii) any other information required 16 by the State educational agency serving 17 the local educational agency; and 18 ‘‘(B) may include an assessment of local 19 community needs to ensure students have ade- 20 quate online access and access to devices for 21 school-related work during out-of-school time. 22 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00399 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 400 •S 1094 IS ‘‘SEC. 2404. ALLOCATION OF FUNDS; LIMITATION. 1 ‘‘(a) ALLOCATION OF FUNDS BETWEEN STATE AND 2 LOCAL INITIATIVES.—The funds made available to carry 3 out this part shall be available to carry out subpart 1. 4 ‘‘(b) LIMITATION.— 5 ‘‘(1) LOCAL ADMINISTRATIVE COSTS.—Of the 6 funds made available to a local educational agency 7 under this part for a fiscal year, not more than 3 8 percent may be used by the local educational agency 9 for administrative costs. 10 ‘‘(2) STATE ADMINISTRATIVE COSTS.—Of the 11 funds made available to a State educational agency 12 under section 2412(a)(1)(A), not more than 60 per- 13 cent may be used by the State educational agency 14 for administrative costs. 15 ‘‘SEC. 2405. E-RATE RESTRICTION. 16 ‘‘Funds awarded under this part may be used to ad- 17 dress the networking needs of a recipient of such funds 18 under the E-rate program, except that such funds may 19 not be duplicative of support received by the recipient 20 under the E-rate program. 21 ‘‘SEC. 2406. RULE OF CONSTRUCTION REGARDING PUR- 22 CHASING. 23 ‘‘Nothing in this part shall be construed to permit 24 a recipient of funds under this part to purchase goods or 25 services using such funds without ensuring that the pur- 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00400 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 401 •S 1094 IS chase is free of any conflict of interest between such recipi- 1 ent, or any partner of such recipient, and the person or 2 entity from whom such goods or services are purchased. 3 ‘‘Subpart 1—State and Local Grants 4 ‘‘SEC. 2411. ALLOTMENT AND REALLOTMENT. 5 ‘‘(a) RESERVATIONS AND ALLOTMENT.—From the 6 amount made available to carry out this subpart for a fis- 7 cal year— 8 ‘‘(1) the Secretary shall reserve— 9 ‘‘(A) three-quarters of 1 percent for the 10 Secretary of the Interior for programs under 11 this subpart for schools operated or funded by 12 the Bureau of Indian Education; and 13 ‘‘(B) 1 percent to provide assistance under 14 this subpart to the outlying areas; and 15 ‘‘(2) subject to subsection (b), the Secretary 16 shall use the remainder to award grants by allotting 17 to each State educational agency an amount that 18 bears the same relationship to such remainder for 19 such year as the amount received under part A of 20 title I for such year by such State educational agen- 21 cy bears to the amount received under such part for 22 such year by all State educational agencies. 23 ‘‘(b) MINIMUM ALLOTMENT.—The amount of any 24 State educational agency’s allotment under subsection 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00401 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 402 •S 1094 IS (a)(2) for any fiscal year shall not be less than one-half 1 of 1 percent of the amount made available for allotments 2 to State educational agencies under this subpart for such 3 year. 4 ‘‘(c) REALLOTMENT OF UNUSED FUNDS.—The Sec- 5 retary shall reallot any unused amount of a State edu- 6 cational agency’s allotment to the remaining State edu- 7 cational agencies that use their entire allotments under 8 this subpart in accordance with this section. 9 ‘‘(d) MATCHING FUNDS.— 10 ‘‘(1) IN GENERAL.—A State educational agency 11 that receives a grant under subsection (a)(2) shall 12 provide matching funds, from non-Federal sources, 13 in an amount equal to 20 percent of the amount of 14 grant funds provided to the State educational agency 15 to carry out the activities supported by the grant. 16 Such matching funds may be provided in cash or in- 17 kind except that any such in-kind contributions shall 18 be provided for the purpose of supporting the State 19 educational agency’s activities under section 2414. 20 ‘‘(2) WAIVER.—The Secretary may waive the 21 matching requirement under paragraph (1) for a 22 State educational agency that demonstrates that 23 such requirement imposes an undue financial hard- 24 ship on the State educational agency. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00402 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 403 •S 1094 IS ‘‘SEC. 2412. USE OF ALLOTMENT BY STATE. 1 ‘‘(a) IN GENERAL.— 2 ‘‘(1) IN GENERAL.—Of the amount provided to 3 a State educational agency under section 2411(a)(2) 4 for a fiscal year— 5 ‘‘(A) the State educational agency may use 6 not more than 10 percent of such amount or 7 $100,000, whichever amount is greater, to 8 carry out activities under section 2414; and 9 ‘‘(B) the State educational agency shall 10 distribute the remainder in accordance with 11 paragraphs (2) and (3). 12 ‘‘(2) DISTRIBUTION OF REMAINDER.—The 13 State educational agency shall— 14 ‘‘(A)(i) use 80 percent of the remainder to 15 award Improving Teaching and Learning 16 through Technology subgrants to local edu- 17 cational agencies having applications approved 18 under section 2415(c) for the activities de- 19 scribed in section 2416(b); and 20 ‘‘(ii) allot to each such local educational 21 agency an amount that bears the same relation- 22 ship to 80 percent of the remainder for such 23 year as the amount received under part A of 24 title I for such year by such local educational 25 agency bears to the amount received under such 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00403 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 404 •S 1094 IS part for such year by all local educational agen- 1 cies within the State, subject to subsection 2 (b)(2); and 3 ‘‘(B) use 20 percent of the remainder to 4 award Systemic Education Transformation 5 through Technology Integration subgrants, 6 through a State-determined competitive process, 7 to local educational agencies having applications 8 approved under section 2415(b) for the activi- 9 ties described in section 2416(a). 10 ‘‘(3) OPTION IN YEARS WITH INSUFFICIENT 11 AMOUNTS APPROPRIATED.—If the amount provided 12 to a State educational agency under section 13 2411(a)(2) for a fiscal year is not large enough to 14 provide every local educational agency with a min- 15 imum subgrant under subsection (b)(3), the State 16 educational agency may distribute 100 percent of 17 the remainder described in paragraph (1)(B) as ei- 18 ther formula grants under paragraph (2)(A) or com- 19 petitive grants under paragraph (2)(B). 20 ‘‘(b) SUFFICIENT AMOUNTS.— 21 ‘‘(1) SPECIAL RULE.—In awarding subgrants 22 under subsection (a)(2)(B), the State educational 23 agency shall— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00404 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 405 •S 1094 IS ‘‘(A) ensure the subgrants are of sufficient 1 size and scope to be effective, consistent with 2 the purposes of this part; 3 ‘‘(B) ensure subgrants are of sufficient du- 4 ration to be effective, consistent with the pur- 5 poses of this part, including by awarding sub- 6 grants for a period of not less than 2 years that 7 may be renewed for not more than an addi- 8 tional 1 year; 9 ‘‘(C) give preference in the awarding of 10 subgrants, and the providing of all technical as- 11 sistance, to local educational agencies that serve 12 schools identified as priority schools or focus 13 schools under subsection (c) or (d) of section 14 1116, including those schools with high popu- 15 lations of— 16 ‘‘(i) English learners; 17 ‘‘(ii) students with disabilities; or 18 ‘‘(iii) other subgroups of students who 19 have not met the State’s student academic 20 achievement standards; and 21 ‘‘(D) ensure an equitable distribution 22 among urban and rural areas of the State, ac- 23 cording to the demonstrated need for assistance 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00405 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 406 •S 1094 IS under this subpart of the local educational 1 agencies serving the areas. 2 ‘‘(2) ADDITIONAL RESERVATION.—A State edu- 3 cational agency that forms a State purchasing con- 4 sortium under subsection 2414(c) may reserve an 5 additional 1 percent to carry out the activities de- 6 scribed in subsection 2414 (c)(1) if such State edu- 7 cational agency receives direct approval from the 8 local educational agencies receiving subgrants under 9 subsection (a)(2). 10 ‘‘(3) MINIMUM FORMULA-BASED SUBGRANT.— 11 The amount of any local educational agency’s 12 subgrant under subsection (a)(2)(A) for any fiscal 13 year shall be not less than $3,000. 14 ‘‘(c) REALLOTMENT OF UNUSED FUNDS.—If any 15 local educational agency does not apply for a subgrant 16 under subsection (a) for a fiscal year, or does not use the 17 local educational agency’s entire allotment under this sub- 18 part for such fiscal year, the State shall reallot any unused 19 funds to the remaining local educational agencies. 20 ‘‘SEC. 2413. STATE APPLICATIONS. 21 ‘‘(a) IN GENERAL.—To be eligible to receive a grant 22 under this subpart, a State educational agency shall sub- 23 mit to the Secretary, at such time and in such manner 24 as the Secretary may specify, an application containing 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00406 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 407 •S 1094 IS the information described in subsection (b) and such other 1 information as the Secretary may reasonably require. 2 ‘‘(b) CONTENTS.—Each State educational agency ap- 3 plication submitted under subsection (a) shall include each 4 of the following: 5 ‘‘(1) A description of how the State educational 6 agency will support local educational agencies that 7 receive subgrants under this subpart in meeting the 8 purposes and goals of this part and the requirements 9 of this subpart, including through technical assist- 10 ance in using technology to redesign curriculum and 11 instruction, improve educational productivity, and 12 deliver computer-based and online assessment. 13 ‘‘(2) A description of the State educational 14 agency’s long-term goals and strategies for improv- 15 ing student academic achievement, including student 16 technology literacy, through the effective use of tech- 17 nology. 18 ‘‘(3) A description of the priority area upon 19 which the State educational agency will focus its as- 20 sistance under this subpart, which shall be identified 21 from among the core academic subjects, grade levels, 22 and student subgroup populations with the largest 23 achievement gaps in the State. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00407 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 408 •S 1094 IS ‘‘(4) A description of how the State educational 1 agency will support local educational agencies to im- 2 plement professional development programs pursu- 3 ant to section 2416(b)(1)(A). 4 ‘‘(5) A description of how the State educational 5 agency will ensure that teachers, paraprofessionals, 6 school librarians, and administrators possess the 7 knowledge and skills to use technology— 8 ‘‘(A) for curriculum redesign to change 9 teaching and learning and improve student 10 achievement; 11 ‘‘(B) for assessment, data analysis, and to 12 personalize learning; 13 ‘‘(C) to improve student technology lit- 14 eracy; and 15 ‘‘(D) for their own ongoing professional de- 16 velopment and for access to teaching resources 17 and tools. 18 ‘‘(6) A description of the process, activities, and 19 performance measures that the State educational 20 agency will use to evaluate the impact and effective- 21 ness of activities described in section 2414. 22 ‘‘(7) Identification of the State college and ca- 23 reer ready academic content standards and college 24 and career ready student academic achievement 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00408 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 409 •S 1094 IS standards that the State educational agency will use 1 to ensure that each student is technologically lit- 2 erate, consistent with the definition of student tech- 3 nology literacy, and a description of how the State 4 educational agency will assess student performance 5 in gaining technology literacy, only for the purpose 6 of tracking progress towards achieving the 8th grade 7 technology literacy goal and not for accountability 8 purposes as described in section 1111(a)(3), includ- 9 ing through embedding such assessment items in 10 other State tests or performance-based assessment 11 portfolios, or through other valid and reliable means. 12 Nothing in this subpart shall be construed to require 13 States to develop a separate test to assess student 14 technology literacy. 15 ‘‘(8) An assurance that financial assistance pro- 16 vided under this subpart will supplement, and not 17 supplant, State and local funds. 18 ‘‘(9) A description of how the State educational 19 agency consulted with local educational agencies in 20 the development of the State application. 21 ‘‘(10) An assurance that the State educational 22 agency will provide matching funds as required 23 under section 2411(d). 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00409 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 410 •S 1094 IS ‘‘(11) A description of how the State edu- 1 cational agency will ensure that funds received under 2 this part do not duplicate support received under the 3 E-rate program. 4 ‘‘(12) An assurance that the State educational 5 agency will protect the privacy and safety of stu- 6 dents and teachers, consistent with the requirements 7 of section 444 of the General Education Provisions 8 Act (20 U.S.C. 1232g) (commonly known as the 9 ‘Family Educational Rights and Privacy Act of 10 1974’). 11 ‘‘(13) A description of how the State edu- 12 cational agency will, in providing technical and other 13 assistance to local educational agencies, give priority 14 to schools identified as priority schools or focus 15 schools under subsection (c) or (d) of section 1116, 16 including those schools with high populations of— 17 ‘‘(A) English learners; 18 ‘‘(B) students with disabilities; or 19 ‘‘(C) other subgroups of students who have 20 not met the State’s student academic achieve- 21 ment standards; 22 ‘‘(14) A description of how the State edu- 23 cational agency will ensure that the State edu- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00410 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 411 •S 1094 IS cational agency’s data systems and eligible tech- 1 nology are interoperable. 2 ‘‘(15) A description of— 3 ‘‘(A) the State’s process for the adoption, 4 acquisition, distribution, and use of content; 5 ‘‘(B) how the State will ensure integrity of 6 such processes; 7 ‘‘(C) how such processes support the goals 8 of this part or how a State will change such 9 processes to support such goals; and 10 ‘‘(D) how the State will ensure content 11 quality. 12 ‘‘(16) A description of the technology readiness 13 in the State, as determined by local educational 14 agency responses to the technology readiness survey, 15 including— 16 ‘‘(A) an assurance that not less than 90 17 percent of the local educational agencies served 18 by the State educational agency have completed 19 and submitted the technology readiness survey 20 to the State educational agency; and 21 ‘‘(B) an assurance that the results of the 22 technology readiness survey for each such local 23 educational agency are made available to the 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00411 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 412 •S 1094 IS Secretary and the public through the website of 1 the local educational agency. 2 ‘‘SEC. 2414. STATE ACTIVITIES. 3 ‘‘(a) MANDATORY ACTIVITIES.—From funds made 4 available under section 2412(a)(1)(A), a State educational 5 agency shall carry out each of the following activities: 6 ‘‘(1) Identify the State college and career ready 7 academic content standards and college and career 8 ready student academic achievement standards that 9 the State educational agency will use to ensure that 10 each student is technologically literate consistent 11 with the definition of student technology literacy. 12 ‘‘(2) Assess student performance in gaining 13 technology literacy consistent with paragraph (1), in- 14 cluding through embedding such assessment items in 15 other State tests, performance-based assessments, or 16 portfolios, or through other means, except that such 17 assessments shall be used only to track student tech- 18 nology literacy and shall not be used for account- 19 ability purposes as described in section 1111(a)(3), 20 and widely disseminate such results. 21 ‘‘(3) Providing guidance, technical assistance, 22 and other assistance, including in the priority area 23 identified by the State pursuant to section 24 2413(b)(3), to local educational agencies to— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00412 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 413 •S 1094 IS ‘‘(A) identify and address technology readi- 1 ness needs; 2 ‘‘(B) redesign curriculum and instruction, 3 improve educational productivity, and deliver 4 computer-based and online assessment; 5 ‘‘(C) use technology, consistent with the 6 principles of universal design for learning, to 7 support the learning needs of all students, in- 8 cluding students with disabilities and English 9 learners; 10 ‘‘(D) support principals so that principals 11 have the expertise to evaluate teachers’ pro- 12 ficiency in implementing digital tools for teach- 13 ing and learning; 14 ‘‘(4) Developing or utilizing research-based or 15 innovative strategies for the delivery of specialized or 16 rigorous academic courses and curricula through the 17 use of technology, including digital learning tech- 18 nologies and assistive technology. 19 ‘‘(5) Integrating and coordinating activities 20 under this part with other educational resources and 21 programs across the State. 22 ‘‘(6) Disseminating information, including mak- 23 ing publicly available on the website of the State 24 educational agency, promising practices to improve 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00413 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 414 •S 1094 IS technology instruction, and acquiring and imple- 1 menting technology tools and applications. 2 ‘‘(7) Coordinating with teacher and principal 3 preparation programs to align digital learning teach- 4 ing standards. 5 ‘‘(8) Providing, or supporting local educational 6 agencies in providing, sustained and intensive, high- 7 quality professional development pursuant to section 8 2416(b)(1)(A). 9 ‘‘(b) PERMISSIVE ACTIVITIES.—From funds made 10 available under section 2412(a)(1)(A), a State educational 11 agency may carry out 1 or more of the following activities 12 that assist local educational agencies: 13 ‘‘(1) State leadership activities and technical as- 14 sistance that support achieving the purposes and 15 goals of this part. 16 ‘‘(2) Developing or utilizing research-based or 17 innovative strategies for the delivery of specialized or 18 rigorous academic courses and curricula through the 19 use of technology, including distance learning tech- 20 nologies. 21 ‘‘(3) Assessing student performance in gaining 22 technology literacy consistent with subsection (a)(2), 23 including through embedding such assessment items 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00414 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 415 •S 1094 IS in other State tests, performance-based assessments, 1 or portfolios, or through other means. 2 ‘‘(c) PURCHASING CONSORTIA.— 3 ‘‘(1) IN GENERAL.—From funds made available 4 under section 2412(a)(1)(A), a State educational 5 agency receiving a grant under this subpart may— 6 ‘‘(A) form a State purchasing consortium 7 with 1 or more State educational agencies re- 8 ceiving such a grant to carry out the State ac- 9 tivities described in subsections (a) and (b), in- 10 cluding purchasing eligible technology; 11 ‘‘(B) encourage local educational agencies 12 to form local purchasing consortia under section 13 2415; and 14 ‘‘(C) promote pricing opportunities to local 15 educational agencies for the purchase of eligible 16 technology that are— 17 ‘‘(i) negotiated by the State edu- 18 cational agency or the State purchasing 19 consortium of the State educational agen- 20 cy; and 21 ‘‘(ii) available to such local edu- 22 cational agencies. 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00415 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 416 •S 1094 IS ‘‘(2) RESTRICTIONS.—A State educational 1 agency receiving a grant under section 2 2412(a)(1)(A) shall not— 3 ‘‘(A) except for promoting the pricing op- 4 portunities described in paragraph (1)(C), make 5 recommendations to local educational agencies 6 for, or require, use of any specific commercial 7 products and services by local educational agen- 8 cies; 9 ‘‘(B) require local educational agencies to 10 participate in a State purchasing consortia or 11 local purchasing consortia; or 12 ‘‘(C) use more than the amount reserved 13 under subsection 2412(a)(1)(A) to carry out the 14 activities described in paragraph (1) unless the 15 State educational agency receives approval in 16 accordance with section 2412(b)(2). 17 ‘‘SEC. 2415. LOCAL APPLICATIONS. 18 ‘‘(a) IN GENERAL.—Each local educational agency 19 desiring a subgrant under this subpart shall submit to the 20 State educational agency an application containing a new 21 or updated local long-range strategic educational tech- 22 nology plan, and such other information as the State edu- 23 cational agency may reasonably require, and shall include 24 each of the following: 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00416 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 417 •S 1094 IS ‘‘(1) A description of how the local educational 1 agency will align and coordinate the local edu- 2 cational agency’s use of funds under this subpart 3 with— 4 ‘‘(A) the local educational agency’s efforts 5 to boost student achievement and close achieve- 6 ment gaps; 7 ‘‘(B) the local educational agency’s tech- 8 nology plan; 9 ‘‘(C) the local educational agency’s plans 10 and activities for improving student achieve- 11 ment, including plans and activities under sec- 12 tions 1111, 1112, 1116, and 2123, as applica- 13 ble; and 14 ‘‘(D) funds available from other Federal, 15 State, and local sources. 16 ‘‘(2) An assurance that financial assistance pro- 17 vided under this subpart will supplement, and not 18 supplant, other funds available to carry out activities 19 assisted under this subpart. 20 ‘‘(3) A description of the process used to assess 21 and, as needed, update technologies throughout the 22 local educational agency. 23 ‘‘(4) A description of how the local educational 24 agency will— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00417 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 418 •S 1094 IS ‘‘(A) enable schools served by the local 1 educational agency to build the technological 2 capacity and infrastructure (including through 3 local purchasing of eligible technology), nec- 4 essary for the full implementation of online as- 5 sessments for all students (including students 6 with disabilities and English learners); and 7 ‘‘(B) ensure the interoperability of data 8 systems and eligible technology. 9 ‘‘(5) A description of the results of the tech- 10 nology readiness survey completed by the local edu- 11 cational agency. 12 ‘‘(6) A description of the local educational agen- 13 cy’s student technology literacy standards, the agen- 14 cy’s goals for the technology skills for teachers and 15 administrators, and an assurance that the student 16 technology literacy standards meet the requirements 17 of section 2403. 18 ‘‘(7) A description of how the local educational 19 agency will evaluate teachers’ proficiency and 20 progress in implementing technology for teaching 21 and learning. 22 ‘‘(8) A description of how the local educational 23 agency will ensure that principals have the expertise 24 to evaluate teachers’ proficiency and progress in im- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00418 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 419 •S 1094 IS plementing technology for teaching and learning and 1 the interoperability of data systems and eligible tech- 2 nology. 3 ‘‘(9) A description of— 4 ‘‘(A) the local educational agency’s pro- 5 curement process and process for the creation, 6 acquisition, distribution, and use of content; 7 ‘‘(B) how the local educational agency will 8 ensure the integrity of such processes; 9 ‘‘(C) how such processes support the goals 10 described in paragraph (1) or how a local edu- 11 cational agency will change such processes to 12 support such goals; and 13 ‘‘(D) how the local educational agency will 14 ensure content quality. 15 ‘‘(10) An assurance that the local educational 16 agency will protect the privacy and safety of stu- 17 dents and teachers, consistent with requirements 18 section 444 of the General Education Provisions Act 19 (20 U.S.C. 1232g) (commonly known as the ‘Family 20 Educational Rights and Privacy Act of 1974’). 21 ‘‘(11) A description of how the local educational 22 agency will ensure that the subgrant received under 23 subsection (a) is not duplicative of support received 24 under the E-rate program. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00419 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 420 •S 1094 IS ‘‘(12) Such other information as the State edu- 1 cational agency may reasonably require. 2 ‘‘(b) COMPETITIVE GRANTS; SYSTEMIC EDUCATION 3 TRANSFORMATION THROUGH TECHNOLOGY INTEGRA- 4 TION.—In addition to the information described in sub- 5 section (a), a local educational agency submitting an appli- 6 cation for a Systemic Education Transformation Through 7 Technology Integration subgrant shall submit to the State 8 educational agency an application containing each of the 9 following: 10 ‘‘(1) A description of how the local educational 11 agency will use the subgrant funds to implement 12 systemic education transformation, which is a com- 13 prehensive set of programs, practices, and tech- 14 nologies to improve student achievement and close 15 achievement gaps that— 16 ‘‘(A) collectively lead to school or school 17 district change and improvement, including in 18 the use of technology; and 19 ‘‘(B) incorporate all of the following ele- 20 ments: 21 ‘‘(i) Reform or redesign of curriculum, 22 instruction, assessment, use of data, or 23 other practices through the use of tech- 24 nology in order to increase student learn- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00420 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 421 •S 1094 IS ing opportunity, and engagement in learn- 1 ing. 2 ‘‘(ii) Improvement of educator quality, 3 knowledge and skills, and effectiveness 4 through ongoing, sustainable, timely, and 5 contextual professional development de- 6 scribed in section 2416(b)(1)(A). 7 ‘‘(iii) Ongoing use of formative and 8 other assessments and other timely data 9 sources and data systems to more effec- 10 tively identify individual student learning 11 needs and personalize learning. 12 ‘‘(iv) Engagement of school district 13 leaders, school leaders, and classroom edu- 14 cators. 15 ‘‘(v) Programs, practices, and tech- 16 nologies that are based on scientific re- 17 search. 18 ‘‘(2) An assurance that the local educational 19 agency will use not less than 25 percent of the 20 subgrant funds to implement a program of profes- 21 sional development described in section 22 2416(b)(1)(A). 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00421 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 422 •S 1094 IS ‘‘(3) A description of how the local educational 1 agency will evaluate the impact of 1 or more pro- 2 grams or activities carried out under this subpart. 3 ‘‘(c) FORMULA GRANTS; IMPROVING TEACHING AND 4 LEARNING THROUGH TECHNOLOGY.—In addition to the 5 information described in subsection (a), a local educational 6 agency submitting an application for an Improving Teach- 7 ing and Learning Through Technology subgrant shall sub- 8 mit to the State educational agency an application con- 9 taining each of the following: 10 ‘‘(1) An assurance that the local educational 11 agency will use not less than 40 percent of the 12 subgrant funds for ensuring educators, including 13 teachers and administrators, are technology literate, 14 prepared to use technology to improve the cur- 15 riculum and instruction, and are connected online to 16 supports and resources, including— 17 ‘‘(A) for professional development de- 18 scribed in section 2416(b)(1)(A); and 19 ‘‘(B) to provide educators with ongoing ac- 20 cess to technology tools, applications, supports 21 and other resources, including those related 22 specifically to such professional development ac- 23 tivities. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00422 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 423 •S 1094 IS ‘‘(2) A description of the local educational agen- 1 cy’s program of professional development described 2 in section 2416(b)(1)(A). 3 ‘‘(3) A description of the use of technology 4 tools, applications, and other resources to improve 5 student learning and achievement in the area of pri- 6 ority identified under paragraph (4). 7 ‘‘(4) A description of the priority area subgrant 8 funds will target, identified from among the core 9 academic subjects, grade levels, and student sub- 10 group populations in which the most number of stu- 11 dents served by the local educational agency are not 12 proficient. 13 ‘‘(5) A description of how funds will be used to 14 integrate technology to redesign the curriculum or 15 instruction, implement computer-based and online 16 assessments, improve use of data to personalize 17 learning, or improve education productivity. 18 ‘‘(d) COMBINED APPLICATIONS.—A local educational 19 agency that submits an application under subsection (b), 20 may, upon notice to the State educational agency, submit 21 a single application that will also be considered as an ap- 22 plication for subgrant funds awarded under subsection (c), 23 if the application addresses each application requirement 24 under subsections (a), (b), and (c). 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00423 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 424 •S 1094 IS ‘‘SEC. 2416. LOCAL ACTIVITIES. 1 ‘‘(a) COMPETITIVE GRANTS; SYSTEMIC EDUCATION 2 TRANSFORMATION THROUGH TECHNOLOGY INTEGRA- 3 TION.—A local educational agency that receives funds 4 through a subgrant under section 2412(a)(2)(B), shall 5 carry out activities to improve student learning, tech- 6 nology literacy, and achievement, as follows: 7 ‘‘(1) Use not less than 5 percent of such funds 8 to evaluate the impact of 1 or more programs or ac- 9 tivities carried out under the subgrant as identified 10 in the local educational agency’s application and ap- 11 proved by the State educational agency. 12 ‘‘(2) Use funds remaining after carrying out 13 paragraph (1) to implement a plan for systemic edu- 14 cation transformation in 1 or more schools, in ac- 15 cordance with section 2415(b)(1), including each of 16 the following: 17 ‘‘(A) Using not less than 25 percent of 18 subgrant funds to ensure educators, including 19 teachers and administrators, are technology lit- 20 erate, prepared to use technology to improve 21 the curriculum and instruction, and are con- 22 nected online to supports and resources, includ- 23 ing through the following: 24 ‘‘(i) Professional development activi- 25 ties, as described in subsection (b)(1)(A). 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00424 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 425 •S 1094 IS ‘‘(ii) The acquisition and implementa- 1 tion of technology tools, applications, and 2 other resources to provide educators with 3 ongoing access and support, including for 4 use in the professional development activi- 5 ties described in clause (i). 6 ‘‘(B) Acquiring and effectively imple- 7 menting technology tools, applications, and 8 other resources in conjunction with enhancing 9 or redesigning the curriculum or instruction in 10 order to— 11 ‘‘(i) increase student learning oppor- 12 tunity or access, student engagement in 13 learning, or student attendance or gradua- 14 tion rates; 15 ‘‘(ii) improve student achievement in 16 1 or more of the core academic subjects; 17 and 18 ‘‘(iii) improve student technology lit- 19 eracy. 20 ‘‘(C) Acquiring and effectively imple- 21 menting eligible technology, tools, applications, 22 and other resources to— 23 ‘‘(i) conduct ongoing formative and 24 other assessments and use other timely 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00425 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 426 •S 1094 IS data sources and data systems to more ef- 1 fectively identify and address individual 2 student learning needs; 3 ‘‘(ii) support personalized student 4 learning, including through instructional 5 software and digital content that supports 6 the learning needs of each student, or 7 through providing access to high-quality 8 courses and instructors otherwise not avail- 9 able except through technology and online 10 learning; 11 ‘‘(iii) conduct other activities con- 12 sistent with research-based or innovative 13 systemic education transformation, includ- 14 ing activities that increase parental in- 15 volvement; and 16 ‘‘(iv) address readiness shortfalls iden- 17 tified under the technology readiness sur- 18 vey completed by the local educational 19 agency. 20 ‘‘(b) FORMULA GRANTS; IMPROVING TEACHING AND 21 LEARNING THROUGH TECHNOLOGY.—A local educational 22 agency that receives funds through a subgrant under sec- 23 tion 2412(a)(2)(A), shall carry out activities to improve 24 student learning, technology literacy, and achievement in 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00426 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 427 •S 1094 IS the area of priority identified under section 2415(c)(4), 1 as follows: 2 ‘‘(1) Use not less than 40 percent of such funds 3 for professional development activities that are 4 aligned with activities supported under section 2123 5 to improve educator effectiveness and quality 6 through support for the following: 7 ‘‘(A) Training of school personnel, which— 8 ‘‘(i) shall include the development, ac- 9 quisition, or delivery of— 10 ‘‘(I) training that is ongoing, sus- 11 tainable, timely, and directly related 12 to up-to-date teaching content areas; 13 ‘‘(II) training in strategies and 14 pedagogy in the core academic sub- 15 jects that involve use of technology 16 and curriculum redesign as key com- 17 ponents of changing teaching and 18 learning and improving student 19 achievement and technology literacy; 20 ‘‘(III) training in the use of com- 21 puter-based and online assessments, 22 and in the use of student performance 23 and other data for individualized in- 24 struction; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00427 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 428 •S 1094 IS ‘‘(IV) training that includes on- 1 going communication and follow-up 2 with instructors, facilitators, and 3 peers; and 4 ‘‘(ii) may include— 5 ‘‘(I) the use of, and training of, 6 instructional technology specialists, 7 mentors, master teachers, or coaches 8 to serve as experts and train other 9 teachers in the effective use of tech- 10 nology; and 11 ‘‘(II) the use of technology, such 12 as distance learning and online virtual 13 educator-to-educator peer commu- 14 nities, as a means for delivering pro- 15 fessional development. 16 ‘‘(B) The acquisition and implementation 17 of eligible technology, tools, applications, and 18 other resources to be employed in the profes- 19 sional development activities described in sub- 20 paragraph (A). 21 ‘‘(2) Use funds remaining after carrying out 22 paragraph (1) to acquire or implement technology 23 tools, applications, and other resources to improve 24 student learning, technology literacy, and achieve- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00428 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 429 •S 1094 IS ment in the area of priority identified by the local 1 educational agency, including through 1 or more of 2 the following: 3 ‘‘(A) Conducting ongoing formative assess- 4 ment and using other timely data sources and 5 data systems to more effectively identify and 6 address individual student learning needs. 7 ‘‘(B) Supporting personalized student 8 learning, including through instructional soft- 9 ware and digital content that supports the 10 learning needs of each student, or through pro- 11 viding access to high-quality courses and in- 12 structors not otherwise available except through 13 technology such as online learning. 14 ‘‘(C) Increasing parental involvement 15 through improved communication with teachers 16 and access to student assignments and grades. 17 ‘‘(D) Enhancing accountability, instruc- 18 tion, and data-driven decisionmaking through 19 data systems that allow for management, anal- 20 ysis, and disaggregating of student, teacher, 21 and school data. 22 ‘‘(E) Such other activities as are appro- 23 priate and consistent with the goals and pur- 24 poses of this part. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00429 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 430 •S 1094 IS ‘‘(c) MULTIPLE GRANTS.—A local educational agency 1 that receives subgrants under both subparagraph (A) and 2 subparagraph (B) of section 2412(a)(2) may use all such 3 subgrant funds for activities authorized under subsection 4 (a). 5 ‘‘(d) MODIFICATION OF FUNDING ALLOCATIONS.—A 6 State educational agency may authorize a local edu- 7 cational agency to modify the percentage of the local edu- 8 cational agency’s subgrant funds required to carry out the 9 activities described in subsections (a) or (b) if the local 10 educational agency demonstrates that such modification 11 will assist the local educational agency in more effectively 12 carrying out such activities. 13 ‘‘(e) PURCHASING CONSORTIA.—Local educational 14 agencies receiving subgrants under subsection (a) or (b) 15 may— 16 ‘‘(1) form a local purchasing consortia with 17 other such local educational agencies to carry out 18 the activities described in subsection (a) or (b), in- 19 cluding purchasing eligible technology; and 20 ‘‘(2) use such funds for purchasing eligible 21 technology through a State purchasing consortia 22 under section 2414(c). 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00430 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 431 •S 1094 IS ‘‘SEC. 2417. REPORTING. 1 ‘‘(a) LOCAL EDUCATIONAL AGENCIES.—Each local 2 educational agency receiving a subgrant under this part 3 shall submit to the State educational agency that awarded 4 such subgrant an annual report that meets the require- 5 ments of subsection (c). 6 ‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State 7 educational agency receiving a grant under this subpart 8 shall submit to the Secretary an annual report that meets 9 the requirements of subsection (c). 10 ‘‘(c) REPORT REQUIREMENTS.—A report submitted 11 under subsection (a) or (b) shall include, at a minimum, 12 a description of— 13 ‘‘(1) the status of the State educational agen- 14 cy’s plan described in section 2413(b)(1) or the local 15 educational agency’s technology plan under section 16 2415(a)(1)(B), as applicable; 17 ‘‘(2) the categories of eligible technology ac- 18 quired with funds under this subpart and how such 19 technology is being used; 20 ‘‘(3) the professional development activities 21 funded under this subpart, including types of activi- 22 ties and entities involved in providing such profes- 23 sional development to classroom teachers and other 24 staff, such as school librarians; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00431 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 432 •S 1094 IS ‘‘(4) the instruction, strategies, activities, and 1 curricula used in the programs funded under this 2 subpart; and 3 ‘‘(5) the types of programs funded under this 4 subpart. 5 ‘‘Subpart 2—Internet Safety 6 ‘‘SEC. 2421. INTERNET SAFETY. 7 ‘‘(a) IN GENERAL.—No funds made available under 8 this part to a local educational agency for an elementary 9 school or secondary school that does not receive services 10 at discount rates under section 254(h)(5) of the Commu- 11 nications Act of 1934 (47 U.S.C. 254(h)(5)) may be used 12 to purchase computers used to access the Internet, or to 13 pay for direct costs associated with accessing the Internet, 14 for such school unless the school, school board, local edu- 15 cational agency, or other authority with responsibility for 16 administration of such school both— 17 ‘‘(1)(A) has in place a policy of Internet safety 18 for minors that includes the operation of a tech- 19 nology protection measure with respect to any of its 20 computers with Internet access that protects against 21 access through such computers to visual depictions 22 that are— 23 ‘‘(i) obscene; 24 ‘‘(ii) child pornography; or 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00432 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 433 •S 1094 IS ‘‘(iii) harmful to minors; and 1 ‘‘(B) is enforcing the operation of such tech- 2 nology protection measure during any use of such 3 computers by minors; and 4 ‘‘(2)(A) has in place a policy of Internet safety 5 that includes the operation of a technology protec- 6 tion measure with respect to any of its computers 7 with Internet access that protects against access 8 through such computers to visual depictions that 9 are— 10 ‘‘(i) obscene; or 11 ‘‘(ii) child pornography; and 12 ‘‘(B) is enforcing the operation of such tech- 13 nology protection measure during any use of such 14 computers. 15 ‘‘(b) TIMING AND APPLICABILITY OF IMPLEMENTA- 16 TION.— 17 ‘‘(1) IN GENERAL.—The local educational agen- 18 cy with responsibility for a school covered by sub- 19 section (a) shall certify the compliance of such 20 school with the requirements of subsection (a) as 21 part of the application process for each program 22 funding year. 23 ‘‘(2) PROCESS.— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00433 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 434 •S 1094 IS ‘‘(A) SCHOOLS WITH INTERNET SAFETY 1 POLICIES AND TECHNOLOGY PROTECTION 2 MEASURES IN PLACE.—A local educational 3 agency with responsibility for a school covered 4 by subsection (a) that has in place an Internet 5 safety policy meeting the requirements of sub- 6 section (a) shall certify its compliance with sub- 7 section (a) during each annual program applica- 8 tion cycle under this part. 9 ‘‘(B) SCHOOLS WITHOUT INTERNET SAFE- 10 TY POLICIES AND TECHNOLOGY PROTECTION 11 MEASURES IN PLACE.— 12 ‘‘(i) CERTIFICATION.—A local edu- 13 cational agency with responsibility for a 14 school covered by subsection (a) that does 15 not have in place an Internet safety policy 16 meeting the requirements of subsection (a) 17 for each year in which the local educational 18 agency is applying for funds for such 19 school under this part, shall certify that it 20 is undertaking such actions, including any 21 necessary procurement procedures, to put 22 in place an Internet safety policy that 23 meets such requirements. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00434 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 435 •S 1094 IS ‘‘(ii) INELIGIBILITY.—Any school cov- 1 ered by subsection (a) for which the local 2 educational agency concerned is unable to 3 certify compliance with such requirements 4 for a year shall be ineligible for all funding 5 under this part for such year and all sub- 6 sequent years until such time as such 7 school comes into compliance with such re- 8 quirements. 9 ‘‘(c) DISABLING DURING CERTAIN USE.—An admin- 10 istrator, supervisor, or person authorized by the respon- 11 sible authority under subsection (a) may disable the tech- 12 nology protection measure concerned to enable access for 13 bona fide research or other lawful purposes. 14 ‘‘(d) NONCOMPLIANCE.— 15 ‘‘(1) USE OF GENERAL EDUCATION PROVISIONS 16 ACT REMEDIES.—Whenever the Secretary has reason 17 to believe that any recipient of funds under this part 18 is failing to comply substantially with the require- 19 ments of this section, the Secretary may— 20 ‘‘(A) withhold further payments to the re- 21 cipient under this part; 22 ‘‘(B) issue a complaint to compel compli- 23 ance of the recipient through a cease and desist 24 order; or 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00435 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 436 •S 1094 IS ‘‘(C) enter into a compliance agreement 1 with a recipient to bring it into compliance with 2 such requirements, 3 in same manner as the Secretary is authorized to 4 take such actions under sections 455, 456, and 457, 5 respectively, of the General Education Provisions 6 Act. 7 ‘‘(2) RECOVERY OF FUNDS PROHIBITED.—The 8 actions authorized by paragraph (1) are the exclu- 9 sive remedies available with respect to the failure of 10 a school to comply substantially with a provision of 11 this section, and the Secretary shall not seek a re- 12 covery of funds from the recipient for such failure. 13 ‘‘(3) RECOMMENCEMENT OF PAYMENTS.— 14 Whenever the Secretary determines (whether by cer- 15 tification or other appropriate evidence) that a re- 16 cipient of funds who is subject to the withholding of 17 payments under paragraph (1)(A) has cured the fail- 18 ure providing the basis for the withholding of pay- 19 ments, the Secretary shall cease the withholding of 20 payments to the recipient under that paragraph. 21 ‘‘(e) DEFINITIONS.—In this subpart: 22 ‘‘(1) ACCESS TO INTERNET.—A computer shall 23 be considered to have access to the Internet if such 24 computer is equipped with a modem or is connected 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00436 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 437 •S 1094 IS to a computer network that has access to the Inter- 1 net. 2 ‘‘(2) ACQUISITION OR OPERATION.—An elemen- 3 tary school or secondary school shall be considered 4 to have received funds under this part for the acqui- 5 sition or operation of any computer if such funds are 6 used in any manner, directly or indirectly— 7 ‘‘(A) to purchase, lease, or otherwise ac- 8 quire or obtain the use of such computer; or 9 ‘‘(B) to obtain services, supplies, software, 10 or other actions or materials to support, or in 11 connection with, the operation of such com- 12 puter. 13 ‘‘(3) CHILD PORNOGRAPHY.—The term ‘child 14 pornography’ has the meaning given that term in 15 section 2256 of title 18, United States Code. 16 ‘‘(4) COMPUTER.—The term ‘computer’ in- 17 cludes any hardware, software, or other technology 18 attached or connected to, installed in, or otherwise 19 used in connection with a computer. 20 ‘‘(5) HARMFUL TO MINORS.—The term ‘harm- 21 ful to minors’ means any picture, image, graphic 22 image file, or other visual depiction that— 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00437 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 438 •S 1094 IS ‘‘(A) taken as a whole and with respect to 1 minors, appeals to a prurient interest in nudity, 2 sex, or excretion; 3 ‘‘(B) depicts, describes, or represents, in a 4 patently offensive way with respect to what is 5 suitable for minors, an actual or simulated sex- 6 ual act or sexual contact, actual or simulated 7 normal or perverted sexual acts, or a lewd exhi- 8 bition of the genitals; and 9 ‘‘(C) taken as a whole, lacks serious lit- 10 erary, artistic, political, or scientific value as to 11 minors. 12 ‘‘(6) MINOR.—The term ‘minor’ means an indi- 13 vidual who has not attained the age of 17. 14 ‘‘(7) OBSCENE.—The term ‘obscene’ has the 15 meaning applicable to that term under section 1460 16 of title 18, United States Code. 17 ‘‘(8) SEXUAL ACT AND SEXUAL CONTACT.—The 18 terms ‘sexual act’ and ‘sexual contact’ have the 19 meanings given those terms in section 2246 of title 20 18, United States Code. 21 ‘‘(f) SEVERABILITY.—If any provision of this section 22 is held invalid, the remainder of this section shall not be 23 affected thereby.’’. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00438 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 439 •S 1094 IS TITLE III—LANGUAGE AND ACA- 1 DEMIC CONTENT INSTRUC- 2 TION FOR ENGLISH LEARN- 3 ERS AND IMMIGRANT STU- 4 DENTS 5 SEC. 3001. LANGUAGE AND ACADEMIC CONTENT INSTRUC- 6 TION FOR ENGLISH LEARNERS AND IMMI- 7 GRANT STUDENTS. 8 Title III (20 U.S.C. 6801 et seq.) is amended to read 9 as follows: 10 ‘‘TITLE III—LANGUAGE AND ACA- 11 DEMIC CONTENT INSTRUC- 12 TION FOR ENGLISH LEARN- 13 ERS AND IMMIGRANT STU- 14 DENTS 15 ‘‘PART A—ENGLISH LANGUAGE ACQUISITION, 16 LANGUAGE ENHANCEMENT, AND ACADEMIC 17 ACHIEVEMENT ACT 18 ‘‘SEC. 3101. SHORT TITLE. 19 ‘‘This part may be cited as the ‘English Language 20 Acquisition, Language Enhancement, and Academic 21 Achievement Act’. 22 ‘‘SEC. 3102. PURPOSES. 23 ‘‘The purposes of this part are— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00439 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 440 •S 1094 IS ‘‘(1) to ensure that English learners, including 1 immigrant children and youth, achieve English pro- 2 ficiency; 3 ‘‘(2) to supplement the other services under this 4 Act and related programs designed to ensure that 5 English learners develop high levels of academic at- 6 tainment and meet the college and career ready 7 standards under section 1111(a)(1); 8 ‘‘(3) to support States as they— 9 ‘‘(A) adopt English language proficiency 10 standards that include not less than 4 levels of 11 English proficiency; 12 ‘‘(B) establish statewide frameworks for 13 identifying and supporting English learners; 14 and 15 ‘‘(C) adopt valid and reliable assessments 16 of English proficiency aligned to— 17 ‘‘(i) English language proficiency 18 standards; 19 ‘‘(ii) the statewide criteria for identi- 20 fying English learners,; 21 ‘‘(iii) entering and exiting criteria; 22 and 23 ‘‘(iv) a statewide system for sup- 24 porting English learners; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00440 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 441 •S 1094 IS ‘‘(4) to support the efforts of early childhood 1 educators, teachers, school leaders, State educational 2 agencies, and local educational agencies to develop 3 and enhance the capacity and flexibility needed to— 4 ‘‘(A) provide evidence-based, linguistically 5 and culturally appropriate services to assist 6 English learners supported under this part in— 7 ‘‘(i) attaining English language pro- 8 ficiency; 9 ‘‘(ii) meeting college and career ready 10 academic content standards under section 11 1111(a)(1); and 12 ‘‘(iii) achieving school readiness before 13 kindergarten entry; 14 ‘‘(B) implement such services effectively; 15 ‘‘(C) evaluate the impact of such services 16 on school readiness, English language pro- 17 ficiency, and academic content knowledge; 18 ‘‘(D) modify such services as appropriate 19 to meet the needs of students; and 20 ‘‘(E) create the conditions for learning nec- 21 essary to meet the needs of English learners so 22 English learners can access rigorous academic 23 content; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00441 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 442 •S 1094 IS ‘‘(5) to promote family and community partici- 1 pation in language instruction educational programs 2 in communities for parents of English learners. 3 ‘‘Subpart 1—Grants and Subgrants for English 4 Language Acquisition and Language Enhancement 5 ‘‘SEC. 3111. FORMULA GRANTS TO STATES. 6 ‘‘(a) IN GENERAL.—In the case of each State edu- 7 cational agency having a plan approved by the Secretary 8 for a fiscal year under section 3113, the Secretary shall 9 make a grant for the year to the agency for the purposes 10 specified in subsection (b). The grant shall consist of the 11 allotment determined for the State educational agency 12 under subsection (c). 13 ‘‘(b) USE OF FUNDS.— 14 ‘‘(1) SUBGRANTS TO ELIGIBLE ENTITIES.—The 15 Secretary may make a grant under subsection (a) 16 only if the State educational agency involved agrees 17 to expend not less than 95 percent of the State edu- 18 cational agency’s allotment under subsection (c) for 19 a fiscal year— 20 ‘‘(A) to award subgrants, from allocations 21 under section 3114, to eligible entities to carry 22 out the activities described in section 3115 23 (other than subsection (e) of that section); and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00442 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 443 •S 1094 IS ‘‘(B) to award subgrants under section 1 3114(d)(1) to eligible entities that are described 2 in that subsection to carry out the activities de- 3 scribed in section 3115(d). 4 ‘‘(2) STATE ACTIVITIES.— 5 ‘‘(A) IN GENERAL.—Subject to subpara- 6 graph (B), each State educational agency re- 7 ceiving a grant under subsection (a) may re- 8 serve not more than 10 percent of the agency’s 9 allotment under subsection (c) for the purpose 10 of carrying out 1 or more of the following ac- 11 tivities: 12 ‘‘(i) Establishing and implementing a 13 framework for identifying English learners 14 that includes not less than 4 levels of 15 English proficiency that— 16 ‘‘(I) can reasonably be measured; 17 ‘‘(II) are based on actual student 18 performance; and 19 ‘‘(III) shall be used for identifica- 20 tion, placement in English language 21 instruction, reporting, and account- 22 ability purposes. 23 ‘‘(ii) Establishing and implementing 24 standardized, statewide evidence-based en- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00443 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 444 •S 1094 IS trance and exit procedures, including a re- 1 quirement that all students who may be 2 English learners are assessed for such sta- 3 tus within 30 days of enrollment in a 4 school in the State. 5 ‘‘(iii) Establishing and implementing 6 policies to support local educational agen- 7 cies as local educational agencies ensure 8 the continuity of English-learner identifica- 9 tion and English proficiency level for stu- 10 dents who transfer between local edu- 11 cational agencies. 12 ‘‘(iv) Adopting and implementing 13 high-quality, evidence-based English lan- 14 guage proficiency standards and matching 15 assessments that identify not less than 4 16 levels of English proficiency and that are 17 aligned with the college and career ready 18 standards under section 1111(a)(1) adopt- 19 ed by the State for each grade level that— 20 ‘‘(I) set high expectations regard- 21 ing academic achievement and lin- 22 guistic proficiency for English learn- 23 ers at all levels of proficiency; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00444 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 445 •S 1094 IS ‘‘(II) support teachers as teach- 1 ers enhance instruction to support 2 English learners. 3 ‘‘(v) Establishing and implementing 4 systems and policies to encourage and fa- 5 cilitate the sharing of highly effective prac- 6 tices for serving English learners among 7 local educational agencies. 8 ‘‘(vi) Developing, in States where 20 9 percent of the English learner population 10 has the same native language and a min- 11 imum of 10,000 students speak that lan- 12 guage, native-language content assess- 13 ments for students of that language group 14 who cannot yet access the content in 15 English, and incorporating the results of 16 those assessments into the accountability 17 system established under section 18 1111(a)(3) and 1116. 19 ‘‘(vii) Providing technical assistance 20 to local educational agencies regarding pro- 21 fessional development and family and com- 22 munity outreach and engagement. 23 ‘‘(viii) As appropriate, providing com- 24 petitive grants to support improved out- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00445 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 446 •S 1094 IS reach and school readiness in early edu- 1 cation settings. 2 ‘‘(ix) As appropriate, developing cur- 3 ricula appropriate for dual-language in- 4 structional environments. 5 ‘‘(x) Planning, administration, and 6 interagency coordination. 7 ‘‘(B) LIMITATION.—A State may use not 8 more than one-third of the amount reserved 9 under subparagraph (A) or $175,000, which- 10 ever is greater, for the activities described in 11 subparagraph (A)(x). 12 ‘‘(c) RESERVATIONS AND ALLOTMENTS.— 13 ‘‘(1) RESERVATIONS.—From the amount appro- 14 priated under section 3(j) for each fiscal year, the 15 Secretary shall reserve— 16 ‘‘(A) 0.5 percent or $5,000,000 of such 17 amount, whichever is greater, for payments to 18 eligible entities that are defined under section 19 3112(a) for activities, approved by the Sec- 20 retary, consistent with this subpart; 21 ‘‘(B) 0.5 percent of such amount for pay- 22 ments to outlying areas, to be allotted in ac- 23 cordance with their respective needs for assist- 24 ance under this subpart (as determined by the 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00446 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 447 •S 1094 IS Secretary) for activities that are approved by 1 the Secretary and consistent with the purposes 2 of this subpart; 3 ‘‘(C) 3.5 percent of such amount for na- 4 tional activities under subpart 3, except that 5 not more than 0.5 percent of such amount shall 6 be reserved for evaluation activities conducted 7 by the Secretary and not more than $2,000,000 8 of such amount may be reserved for the Na- 9 tional Clearinghouse for English Learner Sup- 10 port and Educational Programs described in 11 section 3203; and 12 ‘‘(D) 3 percent of such amount for tech- 13 nical assistance provided to States under sec- 14 tion 3122(c). 15 ‘‘(2) STATE ALLOTMENTS.— 16 ‘‘(A) IN GENERAL.—Except as provided in 17 subparagraph (B), from the amount appro- 18 priated under section 3(j) for each fiscal year 19 that remains after making the reservations 20 under paragraph (1), the Secretary shall allot 21 to each State educational agency having a plan 22 approved under section 3113(c)— 23 ‘‘(i) an amount that bears the same 24 relationship to 80 percent of the remainder 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00447 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 448 •S 1094 IS as the number of English learners in the 1 State bears to the number of such children 2 in all States , as determined by using data 3 in accordance with paragraph (3); and 4 ‘‘(ii) an amount that bears the same 5 relationship to 20 percent of the remainder 6 as the number of immigrant children and 7 youth in the State bears to the number of 8 such children and youth in all States, as 9 determined based only on data available 10 from the American Community Survey 11 conducted by the Department of Com- 12 merce. 13 ‘‘(B) MINIMUM ALLOTMENTS.—No State 14 educational agency shall receive an allotment 15 under this paragraph that is less than 16 $500,000. 17 ‘‘(C) REALLOTMENT.—If any State edu- 18 cational agency described in subparagraph (A) 19 does not submit a plan to the Secretary for a 20 fiscal year, or submits a plan (or any amend- 21 ment to a plan) that the Secretary, after rea- 22 sonable notice and opportunity for a hearing, 23 determines does not satisfy the requirements of 24 this subpart, the Secretary shall reallot any 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00448 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 449 •S 1094 IS portion of such allotment to the remaining 1 State educational agencies in accordance with 2 subparagraph (A). 3 ‘‘(D) SPECIAL RULE FOR PUERTO RICO.— 4 The total amount allotted to Puerto Rico for 5 any fiscal year under subparagraph (A) shall 6 not exceed 0.5 percent of the total amount al- 7 lotted to all States for that fiscal year. 8 ‘‘(3) USE OF DATA FOR DETERMINATIONS.—In 9 making State allotments under paragraph (2)(A)(i), 10 for each fiscal year, the Secretary shall determine 11 the number of English learners in a State and in all 12 States, for each fiscal year, using the most accurate, 13 up-to-date data, which may be— 14 ‘‘(A) data available from the American 15 Community Survey conducted by the Depart- 16 ment of Commerce, which may be multiyear es- 17 timates; 18 ‘‘(B) the number of students assessed as 19 not having attained English language pro- 20 ficiency, based on the State’s English language 21 proficiency assessment under section 22 1111(a)(2)(D), which may be multi-year esti- 23 mates; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00449 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 450 •S 1094 IS ‘‘(C) a combination of data available under 1 subparagraphs (A) and (B); or 2 ‘‘(D) the most reliable source of data avail- 3 able to the Secretary for determining the num- 4 ber of immigrant children and youth in a State 5 and in all States. 6 ‘‘SEC. 3112. NATIVE AMERICAN AND ALASKA NATIVE CHIL- 7 DREN IN SCHOOL. 8 ‘‘(a) ELIGIBLE ENTITIES.—For the purpose of car- 9 rying out programs under this part for individuals served 10 by elementary schools, secondary schools, and postsec- 11 ondary schools operated predominately for Native Amer- 12 ican children (including Alaska Native children), the fol- 13 lowing shall be considered to be an eligible entity: 14 ‘‘(1) An Indian tribe. 15 ‘‘(2) A tribally sanctioned educational author- 16 ity. 17 ‘‘(3) A Native Hawaiian or Native American 18 Pacific Islander native language educational organi- 19 zation. 20 ‘‘(4) An elementary school or secondary school 21 that is operated or funded by the Bureau of Indian 22 Education of the Department of the Interior, or a 23 consortium of such schools. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00450 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 451 •S 1094 IS ‘‘(5) An elementary school or secondary school 1 operated under a contract with or grant from the 2 Bureau of Indian Education of the Department of 3 the Interior, in consortium with another such school 4 or a tribal or community organization. 5 ‘‘(6) An elementary school or secondary school 6 operated by the Bureau of Indian Education of the 7 Department of the Interior and an institution of 8 higher education, in consortium with an elementary 9 school or secondary school operated under a contract 10 with or grant from the Bureau of Indian Education 11 of the Department of the Interior or a tribal or com- 12 munity organization. 13 ‘‘(b) SUBMISSION OF APPLICATIONS FOR ASSIST- 14 ANCE.—Notwithstanding any other provision of this part, 15 an entity that is considered to be an eligible entity under 16 subsection (a) that desires to receive Federal financial as- 17 sistance under this subpart, shall submit an application 18 to the Secretary. 19 ‘‘(c) SPECIAL RULES.— 20 ‘‘(1) INELIGIBILITY FOR MULTIPLE AWARDS 21 FOR SAME PERIOD.—An eligible entity described in 22 subsection (a) that receives a grant under this sec- 23 tion shall not be eligible to receive a subgrant under 24 section 3114 for the same period. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00451 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 452 •S 1094 IS ‘‘(2) NATIVE AMERICAN LANGUAGE PRO- 1 GRAMS.—An eligible entity described in subsection 2 (a) that receives a grant under this section may, in 3 addition to other activities supported under this sub- 4 part, use the grant funds to support Native Amer- 5 ican language immersion programs and Native 6 American language restoration programs, which may 7 be taught by traditional or tribal leaders. 8 ‘‘SEC. 3113. STATE EDUCATIONAL AGENCY PLANS. 9 ‘‘(a) PLAN REQUIRED.—Each State educational 10 agency desiring a grant under this subpart shall submit 11 a plan to the Secretary at such time, in such manner, and 12 containing such information as the Secretary may require. 13 ‘‘(b) CONTENTS.—Each plan submitted under sub- 14 section (a) shall— 15 ‘‘(1) describe the process that the agency will 16 use in awarding subgrants to eligible entities under 17 this subpart; 18 ‘‘(2) include high-quality, evidence-based 19 English language proficiency standards aligned with 20 the college and career ready standards adopted by 21 the State and described in section 1111(a)(1) for 22 each grade level that— 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00452 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 453 •S 1094 IS ‘‘(A) set high expectations regarding aca- 1 demic achievement and linguistic proficiency for 2 English learners at all levels of proficiency; and 3 ‘‘(B) support teachers as teachers enhance 4 curriculum and instruction to support English 5 learners; 6 ‘‘(3) include a statewide framework for identi- 7 fying, supporting, and exiting English learners 8 that— 9 ‘‘(A) is aligned with the English language 10 proficiency standards described in paragraph 11 (2); and 12 ‘‘(B) includes not less than 4 levels of pro- 13 ficiency; 14 ‘‘(4) describe the statewide framework adopted 15 under paragraph (3), including a justification for the 16 number of levels of proficiency, the defining charac- 17 teristics of each level, and a description of the extent 18 to which students can use the English language to 19 access rigorous academic content at each level of 20 English language proficiency; 21 ‘‘(5) include a State English language pro- 22 ficiency assessment system that— 23 ‘‘(A) is valid, reliable, and aligned to the 24 English language proficiency standards de- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00453 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 454 •S 1094 IS scribed in paragraph (2) and the statewide 1 framework described in paragraph (3); and 2 ‘‘(B) provides relevant information to edu- 3 cators to better meet the needs of the English 4 learners being served; 5 ‘‘(6) describe how the State will ensure that— 6 ‘‘(A) each student is proficient in academic 7 English not more than 5 years after being iden- 8 tified as an English learner; and 9 ‘‘(B) in the case of a student who is an 10 English learner who will graduate from sec- 11 ondary school in less than 5 years of being 12 identified as an English learner— 13 ‘‘(i) such English learner student will 14 receive not less than 5 years of services to 15 help the student attain English proficiency; 16 ‘‘(ii) such English learner student will 17 continue to receive services to gain English 18 proficiency after graduation from sec- 19 ondary school, through a memorandum of 20 understanding between the local edu- 21 cational agency and a local institution of 22 higher education; and 23 ‘‘(iii) if such English learner student 24 does not attain English proficiency not 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00454 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 455 •S 1094 IS more than 5 years after being identified as 1 an English learner, the student will not be 2 counted as a graduating student in the 3 State or local educational agency’s calcula- 4 tion of the graduation rate; 5 ‘‘(7) provide an assurance the State will include 6 English language proficiency assessment results as a 7 representative and significant portion of the State- 8 designed professional growth and improvement sys- 9 tem, and a description of the process for doing so; 10 ‘‘(8) provide an assurance the State will include 11 English language proficiency assessment results as a 12 significant portion of the State-designed professional 13 growth and improvement system for all teachers of 14 English learners, and a description of the process for 15 doing so; 16 ‘‘(9) describe how the State educational agency 17 will support local educational agencies in assisting 18 English learners in acquiring proficiency in each of 19 the 4 language domains of reading, writing, speak- 20 ing, and listening, as measured by the State’s 21 English language proficiency assessment; 22 ‘‘(10) describe how the State educational agen- 23 cy will encourage and facilitate the sharing of high- 24 ly-effective practices for serving English learners 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00455 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 456 •S 1094 IS among local educational agencies, and, to the extent 1 practicable, early childhood education programs; 2 ‘‘(11) describe how the State educational agen- 3 cy will coordinate programs and activities carried 4 out under this subpart with the other programs and 5 activities that such agency carries out under this 6 Act, the Individuals with Disabilities Education Act, 7 the Carl D. Perkins Career and Technical Education 8 Act of 2006, the Head Start Act, the Child Care 9 and Development Block Grant Act of 1990 (42 10 U.S.C. 9858 et seq.), the Workforce Investment Act 11 of 1998 (29 U.S.C. 2801 et seq.), and the McKin- 12 ney-Vento Homeless Assistance Act; 13 ‘‘(12) describe how the agency will assist eligi- 14 ble entities in increasing the extent to which English 15 learners acquire English language proficiency within 16 the time frame described in paragraph (6), as in- 17 formed by evidence-based practices; 18 ‘‘(13) provide an assurance eligible entities in 19 the State will be given the flexibility to teach 20 English learners using a language instruction cur- 21 riculum that has been demonstrated to be effective; 22 ‘‘(14) describe how the agency will manage sub- 23 grants awarded under this subpart, including— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00456 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 457 •S 1094 IS ‘‘(A) how the agency will ensure subgrant 1 funds are expended to support the provision of 2 services to help English learners achieve 3 English language proficiency and meet the 4 State’s college and career ready academic con- 5 tent standards, which may include using a evi- 6 dence-based language instruction curriculum; 7 ‘‘(B) how the agency will monitor eligible 8 entities receiving a subgrant under this part to 9 ensure compliance with applicable Federal fiscal 10 requirements, while also assisting such entities 11 in building their capacity to offer high-quality 12 services; and 13 ‘‘(C) how the agency will, in awarding sub- 14 grants under section 3114, address the needs of 15 local educational agencies of all sizes and in all 16 geographic areas, including local educational 17 agencies that serve rural and urban schools; 18 ‘‘(15) identify the lowest performing local edu- 19 cational agencies in the State (regarding the activi- 20 ties described in this title) and describe how the 21 State will ensure that those local educational agen- 22 cies improve; and 23 ‘‘(16) provide an assurance the plan has been 24 developed in consultation with local educational 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00457 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 458 •S 1094 IS agencies, teachers, administrators of programs de- 1 scribed under this part, parents, family members, 2 community partners, and other relevant stake- 3 holders. 4 ‘‘(c) APPROVAL.— 5 ‘‘(1) IN GENERAL.—The Secretary, after using 6 a peer review process, shall approve a plan sub- 7 mitted under subsection (a) if the plan meets the re- 8 quirements of this section. 9 ‘‘(2) FREQUENCY AND DURATION.—The State 10 shall resubmit the plan submitted under subsection 11 (a) every 4 years, and such resubmissions shall coin- 12 cide with the years that the State submits a State 13 plan under title I. 14 ‘‘(3) ADDITIONAL INFORMATION.— 15 ‘‘(A) AMENDMENTS.—If a State edu- 16 cational agency amends the plan approved 17 under this subsection, the agency shall submit 18 the amendment to the Secretary. 19 ‘‘(B) APPROVAL.—The Secretary shall ap- 20 prove an amendment to an approved plan, un- 21 less the Secretary determines that the amend- 22 ment will result in the agency not meeting the 23 requirements, or fulfilling the purposes, of this 24 part. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00458 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 459 •S 1094 IS ‘‘(d) CONSOLIDATED PLAN.—A plan submitted under 1 subsection (a) may be submitted as part of a State consoli- 2 dated plan. 3 ‘‘(e) SECRETARY ASSISTANCE.—The Secretary shall 4 provide technical assistance, if requested, in the develop- 5 ment of English language proficiency standards, perform- 6 ance targets, and assessments. 7 ‘‘SEC. 3114. WITHIN-STATE ALLOCATIONS. 8 ‘‘(a) IN GENERAL.—After making the reservation re- 9 quired under subsection (d)(1), each State educational 10 agency receiving a grant under section 3111(c)(2) shall 11 award subgrants for a fiscal year by allocating, in a timely 12 manner, to each eligible entity in the State having a plan 13 approved under section 3116, an amount that bears the 14 same relationship to the amount received under the grant 15 and remaining after making such reservation as the popu- 16 lation of English learners in public and nonpublic schools 17 served by the eligible entity bears to the population of 18 English learners in public and nonpublic schools served 19 by all eligible entities in the State. 20 ‘‘(b) LIMITATION.—A State educational agency shall 21 not award a subgrant from an allocation made under sub- 22 section (a) if the amount of such subgrant would be less 23 than $10,000. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00459 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 460 •S 1094 IS ‘‘(c) REALLOCATION.—Whenever a State educational 1 agency determines that an amount from an allocation 2 made to an eligible entity under subsection (a) for a fiscal 3 year will not be used by the entity for the purpose for 4 which the allocation was made, the agency shall, in accord- 5 ance with such rules as the agency determines to be appro- 6 priate, reallocate such amount, consistent with such sub- 7 section, to other eligible entities in the State that the agen- 8 cy determines will use the amount to carry out that pur- 9 pose. 10 ‘‘(d) REQUIRED RESERVATION.—A State educational 11 agency receiving a grant under this subpart for a fiscal 12 year— 13 ‘‘(1) may reserve not more than 15 percent of 14 the agency’s allotment under section 3111(c)(2) to 15 award subgrants to eligible entities in the State that 16 have experienced a significant increase, as compared 17 to the average of the 2 preceding fiscal years, in the 18 percentage or number of immigrant children and 19 youth, including students with interrupted formal 20 education, who have enrolled, during the fiscal year 21 preceding the fiscal year for which the subgrant is 22 made, in public and nonpublic elementary schools 23 and secondary schools in the geographic areas under 24 the jurisdiction of, or served by, such entities; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00460 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 461 •S 1094 IS ‘‘(2) in awarding subgrants under paragraph 1 (1)— 2 ‘‘(A) shall consider eligible entities that 3 satisfy the requirement of such paragraph but 4 have limited or no experience in serving immi- 5 grant children and youth, including students 6 with interrupted formal education,; 7 ‘‘(B) shall consider eligible entities that ex- 8 perience a significant increase in the percentage 9 of immigrant children and youth served, includ- 10 ing students with interrupted formal education, 11 and eligible entities that experience a significant 12 increase in the number of immigrant children 13 and youth served, including students with inter- 14 rupted formal education; and 15 ‘‘(C) shall consider the quality of each local 16 plan under section 3116 and ensure that each 17 subgrant is of sufficient size and scope to meet 18 the purposes of this part. 19 ‘‘SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES. 20 ‘‘(a) PURPOSES OF SUBGRANTS.—A State edu- 21 cational agency may make a subgrant to an eligible entity 22 from funds received by the agency under this subpart only 23 if the entity agrees to expend the funds to supplement the 24 education of English learners by helping English learners 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00461 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 462 •S 1094 IS learn English and meet the State college and career ready 1 academic content and student academic achievement 2 standards. The eligible subgrantee shall carry out activi- 3 ties with such funds, using evidence-based approaches and 4 methodologies that have been demonstrated to be effective 5 for teaching English learners and immigrant children and 6 youth, for the following purposes: 7 ‘‘(1) Developing and implementing new lan- 8 guage instruction educational programs and aca- 9 demic content instruction programs for English 10 learners and immigrant children and youth, includ- 11 ing early childhood education programs, elementary 12 school programs, and secondary school programs. 13 ‘‘(2) Carrying out highly focused, innovative, lo- 14 cally designed, evidence-based activities to expand or 15 enhance existing language instruction educational 16 programs and academic content instruction pro- 17 grams for English learners and immigrant children 18 and youth. 19 ‘‘(3) Implementing, within an individual school, 20 whole school programs for restructuring, reforming, 21 and upgrading all relevant programs, activities, and 22 operations relating to language instruction edu- 23 cational programs and academic content instruction 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00462 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 463 •S 1094 IS for English learners and immigrant children and 1 youth. 2 ‘‘(4) Implementing, within the entire jurisdic- 3 tion of a local educational agency, agencywide pro- 4 grams for restructuring, reforming, and upgrading 5 all relevant programs, activities, and operations re- 6 lating to language instruction educational programs 7 and academic content instruction for English learn- 8 ers and immigrant children and youth. 9 ‘‘(b) ADMINISTRATIVE EXPENSES.—Each eligible en- 10 tity receiving funds under section 3114(a) for a fiscal year 11 may use not more than 2 percent of such funds for the 12 cost of administering this subpart. 13 ‘‘(c) ALLOWABLE ACTIVITIES.—An eligible agency 14 that receives a subgrant under section 3114 may use 15 subgrant funds to meet the academic and language needs 16 of English learners, in order to meet the performance tar- 17 gets described under section 3121, by carrying out the fol- 18 lowing activities: 19 ‘‘(1)(A) Developing an individual performance 20 target for each English learner that is not less than 21 the rate of growth in English proficiency necessary 22 for the student to achieve proficiency not more than 23 5 years after being identified as an English learner; 24 and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00463 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 464 •S 1094 IS ‘‘(B) in the case of a student who will graduate 1 from secondary school in less than 5 years, ensuring 2 that— 3 ‘‘(i) such student will receive not less than 4 4 years of services to help the student attain 5 English proficiency; 6 ‘‘(ii) the student will continue to receive 7 services to gain English proficiency after grad- 8 uation from secondary school, through a part- 9 nership between the local educational agency 10 and a local institution of higher education; and 11 ‘‘(iii) if a student described in this sub- 12 paragraph does not attain English proficiency 13 not more than 5 years after being identified as 14 an English learner, the student will not be 15 counted as a graduating student in the local 16 educational agency’s calculation of the gradua- 17 tion rate. 18 ‘‘(2) Developing and carrying out sustained, 19 long term, job-embedded, data driven professional 20 development for educators that includes— 21 ‘‘(A) specific knowledge and skills school 22 leaders need to— 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00464 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 465 •S 1094 IS ‘‘(i) implement evidence-based strate- 1 gies to create positive conditions for learn- 2 ing; 3 ‘‘(ii) create conditions for learning; 4 ‘‘(iii) support effective, evidence-based 5 instructional programs; 6 ‘‘(iv) design comprehensive profes- 7 sional growth plans for educators who 8 serve English learners; 9 ‘‘(v) develop the capacity of content- 10 area teachers to meet the unique cultural, 11 language, and academic needs of English 12 learners; and 13 ‘‘(vi) meet the unique needs, cultural 14 and otherwise, of families of English learn- 15 ers; 16 ‘‘(B) specific knowledge and skills teachers 17 of English learners need to— 18 ‘‘(i) implement evidence-based instruc- 19 tional strategies for improving English 20 learner acquisition of academic language; 21 ‘‘(ii) meet the academic and language 22 needs of English learners of different ages; 23 and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00465 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 466 •S 1094 IS ‘‘(iii) meet the unique needs, cultural 1 and otherwise, of families of English learn- 2 ers; and 3 ‘‘(C) specific knowledge and skills content- 4 area teachers need to— 5 ‘‘(i) adapt, accommodate, and enhance 6 academic content curricula and assess- 7 ments, to the greatest extent practicable, 8 to ensure that English learners can access 9 academic content while maintaining the 10 high expectations necessary to meet the 11 performance targets described under sec- 12 tion 3121 and the college and career ready 13 standards described in section 1111(a)(1); 14 ‘‘(ii) execute evidence-based instruc- 15 tional strategies for improving English 16 learner acquisition of content-specific lan- 17 guage and concepts; 18 ‘‘(iii) execute evidence-based instruc- 19 tional practices for improving English 20 learner acquisition of academic language; 21 and 22 ‘‘(iv) meet the unique needs, cultural 23 and otherwise, of families of English learn- 24 ers. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00466 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 467 •S 1094 IS ‘‘(3) Implementing and carrying out opportuni- 1 ties for teachers of English learners and content- 2 area teachers to plan collaboratively during contract 3 hours. 4 ‘‘(4) Implementing or enhancing schoolwide 5 data analysis and intervention teams to improve the 6 achievement of English learners. 7 ‘‘(5) Developing, implementing, and carrying 8 out not less than 1 of the following family engage- 9 ment strategies: 10 ‘‘(A) Implementing community school mod- 11 els and related activities, such as opening school 12 facilities to community-based organizations, es- 13 tablishing parent institutes, operating or sup- 14 porting co-location with family literacy pro- 15 grams, and establishing co-location with public 16 assistance programs. 17 ‘‘(B) Providing compensatory time to allow 18 teachers to conduct home visits, or establishing 19 a home visiting program in collaboration with a 20 community-based organization. 21 ‘‘(C) Establishing native-language family 22 outreach call centers. 23 ‘‘(D) Other evidence-based outreach strate- 24 gies. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00467 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 468 •S 1094 IS ‘‘(6) As necessary, acquiring evidence-based 1 curricular and instructional materials designed to 2 meet the needs of English learners. 3 ‘‘(d) ACTIVITIES BY AGENCIES EXPERIENCING SUB- 4 STANTIAL INCREASES IN IMMIGRANT CHILDREN AND 5 YOUTH.— 6 ‘‘(1) IN GENERAL.—An eligible entity receiving 7 funds under section 3114(d)(1) shall use the funds 8 to pay for activities that provide enhanced instruc- 9 tional opportunities for immigrant children and 10 youth, including students with interrupted formal 11 education, which may include— 12 ‘‘(A) family literacy, parent and family 13 outreach, and leadership development activities 14 designed to assist parents and family members 15 in becoming engaged participants in the edu- 16 cation and development of their children; 17 ‘‘(B) recruitment of, and support for, per- 18 sonnel, including early childhood educators, 19 teachers, and paraprofessionals who have been 20 specifically trained, or are being trained, to pro- 21 vide services to immigrant children and youth; 22 ‘‘(C) the provision of tutorials, mentoring, 23 and academic or career counseling for immi- 24 grant children and youth; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00468 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 469 •S 1094 IS ‘‘(D) identification, development, and ac- 1 quisition of curricular materials, educational 2 software, and technologies to be used in the 3 program carried out with funds awarded under 4 section 3114(a); 5 ‘‘(E) basic instructional services that are 6 directly attributable to the presence in the local 7 educational agency involved of immigrant chil- 8 dren and youth, including the payment of costs 9 of providing additional classroom supplies and 10 costs of transportation; 11 ‘‘(F) such other costs that are directly at- 12 tributable to such additional basic instructional 13 services or that are designed to assist immi- 14 grant children and youth to achieve in elemen- 15 tary schools and secondary schools in the 16 United States, such as programs of introduction 17 to the educational system and civics education; 18 and 19 ‘‘(G) activities, coordinated with commu- 20 nity-based organizations (including community- 21 based organizations providing early childhood 22 education programs), institutions of higher edu- 23 cation, private sector entities, or other entities 24 with expertise in working with immigrants, to 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00469 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 470 •S 1094 IS assist parents of immigrant children and youth 1 by offering comprehensive community services. 2 ‘‘(2) DURATION OF SUBGRANTS.—The duration 3 of a subgrant made by a State educational agency 4 under section 3114(d)(1) shall be determined by the 5 agency in the agency’s discretion. 6 ‘‘(e) SELECTION OF METHOD OF INSTRUCTION.— 7 ‘‘(1) IN GENERAL.—An eligible entity receiving 8 a subgrant from a State educational agency under 9 this subpart shall select 1 or more methods or forms 10 of evidence-based instruction to be used in the pro- 11 grams and activities undertaken by the entity in as- 12 sisting English learners in attaining English lan- 13 guage proficiency and meeting State college and ca- 14 reer ready academic content standards and student 15 academic achievement standards under section 16 1111(a)(1) in order to be college and career ready. 17 ‘‘(2) CONSISTENCY.—The selection of methods 18 or forms of instruction, as described under para- 19 graph (1), shall be consistent with sections 3125 20 through 3128. 21 ‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Federal funds 22 made available under this subpart shall be used so as to 23 supplement the level of Federal, State, and local public 24 funds that, in the absence of such availability, would have 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00470 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 471 •S 1094 IS been expended for programs for English learners and im- 1 migrant children and youth and in no case to supplant 2 such Federal, State, and local public funds. 3 ‘‘SEC. 3116. LOCAL PLANS. 4 ‘‘(a) PLAN REQUIRED.—Each eligible entity desiring 5 a subgrant from a State educational agency under section 6 3114 shall submit a plan to the State educational agency 7 at such time, in such manner, and containing such infor- 8 mation as the State educational agency may require. 9 ‘‘(b) CONTENTS.—Each plan submitted under sub- 10 section (a) for a subgrant under section 3114(a) shall, at 11 a minimum— 12 ‘‘(1) describe the evidence-based programs and 13 activities proposed to be developed, implemented, 14 and administered under the subgrant, including how 15 such programs and activities will enable children to 16 speak, read, write, and comprehend the English lan- 17 guage, meet State college and career ready academic 18 content standards and student academic achieve- 19 ment standards under section 1111(a)(1), and be 20 college and career ready; 21 ‘‘(2) describe how the eligible entity will hold el- 22 ementary schools and secondary schools receiving 23 funds under this subpart accountable for— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00471 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 472 •S 1094 IS ‘‘(A) assessing annually, in accordance 1 with section 1111(a)(2)(D), the English lan- 2 guage proficiency of all English learners partici- 3 pating in programs funded under this subpart; 4 and 5 ‘‘(B) meeting timelines, progress criteria, 6 and performance targets for English learners in 7 order to ensure that students served by pro- 8 grams carried out under this part— 9 ‘‘(i) achieve English proficiency; and 10 ‘‘(ii) meet the State’s college and ca- 11 reer ready academic content standards 12 under section 1111(a)(1); 13 ‘‘(3) describe how the eligible entity will engage 14 family and community members and involve them in 15 activities carried out using subgrant funds; 16 ‘‘(4) describe how the eligible entity will consult 17 with teachers, researchers, school administrators, 18 parents, family and community members, and, if ap- 19 propriate, with education-related community groups 20 and nonprofit organizations, and institutions of 21 higher education, in developing and implementing 22 such plan; 23 ‘‘(5) describe how language instruction and aca- 24 demic content instruction carried out under the 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00472 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 473 •S 1094 IS subgrant will ensure that English learners being 1 served by the programs develop English language 2 proficiency and demonstrate such proficiency 3 through academic content mastery; 4 ‘‘(6) describe how the eligible entity will, if ap- 5 plicable, coordinate activities under the plan with 6 local Head Start and Early Head Start agencies, in- 7 cluding migrant and seasonal Head Start agencies, 8 and other early childhood education providers; and 9 ‘‘(7) contain an assurance that— 10 ‘‘(A) the eligible entity is not in violation 11 of State law, including State constitutional law, 12 regarding the education of English learners, 13 consistent with sections 3124 through 3128; 14 ‘‘(B) each local educational agency that is 15 included in the eligible entity complies with sec- 16 tion 3202 prior to, and throughout, each school 17 year; and 18 ‘‘(C) in developing the plan, the eligible en- 19 tity considered how best to target funds to 20 schools with high concentrations of English 21 learners and to support continuous improve- 22 ment in the services offered to English learners 23 in the area served by the eligible entity. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00473 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 474 •S 1094 IS ‘‘(c) TEACHER ENGLISH FLUENCY.—Each eligible 1 entity receiving a subgrant under this subpart shall in- 2 clude in the plan a certification that all teachers in any 3 language instruction educational program for English 4 learners that is, or will be, funded under this part are flu- 5 ent in the language used for instruction, including having 6 written and oral communications skills. 7 ‘‘Subpart 2—Accountability and Administration 8 ‘‘SEC. 3121. LOCAL EVALUATION AND ACCOUNTABILITY. 9 ‘‘(a) EVALUATION.— 10 ‘‘(1) IN GENERAL.—Each eligible entity that re- 11 ceives a subgrant from a State educational agency 12 under subpart 1 shall provide such agency, at the 13 conclusion of every second fiscal year during which 14 the subgrant is received, with an evaluation, in a 15 form prescribed by the agency, that includes— 16 ‘‘(A) a description of the programs and ac- 17 tivities conducted by the entity with funds re- 18 ceived under subpart 1 during the 2 imme- 19 diately preceding fiscal years; 20 ‘‘(B) a description of the progress made by 21 children in learning the English language as 22 measured by the State English language pro- 23 ficiency assessment described in section 24 3113(b)(5) and meeting college and career 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00474 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 475 •S 1094 IS ready academic content standards and student 1 academic achievement standards under section 2 1111(a)(1); 3 ‘‘(C) the number and percentage of chil- 4 dren in the programs and activities who meet 5 the target established under section 6 3113(b)(6)(A); 7 ‘‘(D) a description of the progress made by 8 children in meeting college and career ready 9 academic content standards and student aca- 10 demic achievement standards under section 11 1111(a)(1) for each of the 2 years after such 12 children are no longer receiving services under 13 this part; and 14 ‘‘(E) a description of the progress made by 15 former English learners in meeting college and 16 career ready academic content standards and 17 student achievement standards under section 18 1111(a)(1). 19 ‘‘(2) USE OF EVALUATION.—An evaluation pro- 20 vided by an eligible entity under subsection (a) shall 21 be used by the entity and the State educational 22 agency— 23 ‘‘(A) for improvement of programs and ac- 24 tivities; 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00475 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 476 •S 1094 IS ‘‘(B) to determine the effectiveness of pro- 1 grams and activities in assisting children who 2 are English learners to attain English pro- 3 ficiency, as measured in a way that is con- 4 sistent with paragraph (4), and meet college 5 and career ready academic content standards 6 and student academic achievement standards 7 under section 1111(a)(1); and 8 ‘‘(C) in determining whether or not to con- 9 tinue funding for specific programs or activities. 10 ‘‘(3) EVALUATION COMPONENTS.—An evalua- 11 tion provided by an eligible entity under subsection 12 (a) shall— 13 ‘‘(A) provide an evaluation of children en- 14 rolled in a program or activity conducted by the 15 entity using funds under subpart 1 (including 16 the percentage of children) who— 17 ‘‘(i) are making progress in attaining 18 English proficiency, including the percent- 19 age of children who have achieved English 20 proficiency; 21 ‘‘(ii) have transitioned into classrooms 22 not tailored to English learners, and have 23 a sufficient level of English proficiency to 24 permit them to achieve in English and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00476 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 477 •S 1094 IS transition into classrooms not tailored to 1 limited English learners; 2 ‘‘(iii) are meeting the college and ca- 3 reer ready standards under section 4 1111(a)(1); and 5 ‘‘(iv) are not exempted from the State 6 reading or language arts academic assess- 7 ment in accordance with section 8 1111(a)(2)(B)(v)(II); and 9 ‘‘(B) include such other information as the 10 State educational agency may require. 11 ‘‘(4) EVALUATION MEASURES.—A State shall 12 approve evaluation measures for use under para- 13 graph (3) that are designed to assess— 14 ‘‘(A) the progress of children in attaining 15 English proficiency, including a child’s level of 16 comprehension, speaking, listening, reading, 17 and writing skills in English; 18 ‘‘(B) student attainment of college and ca- 19 reer ready student academic achievement stand- 20 ards under section 1111(a)(1) on assessments 21 described in section 1111(a)(2); and 22 ‘‘(C) progress in meeting the annual State 23 performance targets described in section 3122. 24 ‘‘(b) ACCOUNTABILITY.— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00477 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 478 •S 1094 IS ‘‘(1) IN GENERAL.—Each eligible entity that re- 1 ceives a subgrant from a State educational agency 2 under this title shall annually reach an agreement 3 with the State educational agency on a local English 4 proficiency performance target for the percentage of 5 English learners served by the eligible entity under 6 this title who are making progress in achieving 7 English proficiency not more than 5 years after 8 being identified as an English learner. For purposes 9 of this paragraph, English proficiency shall be meas- 10 ured using the English language proficiency assess- 11 ment described in section 3113(b)(5). 12 ‘‘(2) STUDENTS WHO WILL GRADUATE IN LESS 13 THAN 5 YEARS.—In the case of a student who will 14 graduate from secondary school in less than 5 years, 15 if such does not attain English proficiency not more 16 than 5 years after being identified as an English 17 learner, the student shall not be counted as a grad- 18 uating student in the local educational agency’s cal- 19 culation of the graduation rate. 20 ‘‘(3) TECHNICAL ASSISTANCE.—During the de- 21 velopment of the improvement plan described in 22 paragraph (4), and throughout the implementation 23 of such plan, the State educational agency shall— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00478 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 479 •S 1094 IS ‘‘(A) provide technical assistance to the eli- 1 gible entity; 2 ‘‘(B) provide technical assistance, if appli- 3 cable, to schools served by the eligible entity 4 under subpart 1 that need assistance to enable 5 the schools to meet the eligible entity’s local 6 performance target described in paragraph (1); 7 ‘‘(C) assist the eligible entity in improving 8 the professional development described in sec- 9 tion 3115(c)(2) that such eligible entity is pro- 10 viding to educators; and 11 ‘‘(D) develop, in consultation with the eli- 12 gible entity, a plan to incorporate evidence- 13 based strategies and methodologies to improve 14 the specific program or method of instruction 15 provided to English learners. 16 ‘‘(4) ACCOUNTABILITY.— 17 ‘‘(A) 2-YEAR ACCOUNTABILITY.—If an eli- 18 gible entity fails to meet the local performance 19 target described in paragraph (1) for 2 consecu- 20 tive years, the State educational agency shall— 21 ‘‘(i) identify such eligible entity as 22 being in need of improvement; and 23 ‘‘(ii) require the eligible entity to de- 24 velop and implement an improvement plan. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00479 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 480 •S 1094 IS ‘‘(B) ENTITIES IN NEED OF IMPROVE- 1 MENT.—If an eligible entity fails to meet the 2 local performance targets described in para- 3 graph (1) a year after being identified as being 4 in need of improvement, as described in sub- 5 paragraph (A)(i), the State educational agency 6 shall— 7 ‘‘(i) identify such eligible entity as 8 being in need of State support; 9 ‘‘(ii) require such eligible entity to de- 10 velop and implement a plan to modify the 11 entity’s curriculum, program, and method 12 of instruction; and 13 ‘‘(iii) submit such plan to the State 14 educational agency for approval. 15 ‘‘(C) ENTITIES IN NEED OF STATE SUP- 16 PORT.—If an eligible entity fails to meet the 17 local performance targets described in para- 18 graph (1) a year after being identified as being 19 in need of State support, as described in sub- 20 paragraph (B)(i), the State educational agency 21 shall— 22 ‘‘(i) identify such eligible entity as 23 being in need of State action; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00480 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 481 •S 1094 IS ‘‘(ii) manage the subgrant funds and 1 the eligible entity’s subgrant programs for 2 4 years, or until the local performance tar- 3 get is reached if such target is reached in 4 less than 4 years; and 5 ‘‘(iii) after 4 years, or after the local 6 performance target is reached if such tar- 7 get is reached in less than 4 years, insti- 8 tute a 2 year probationary period, during 9 which the State educational agency shall 10 once again manage the subgrant funds and 11 programs if the eligible entity fails to meet 12 the local performance target at any time 13 during the probationary period. 14 ‘‘SEC. 3122. STATE ACCOUNTABILITY. 15 ‘‘(a) IN GENERAL.—Each State educational agency, 16 with input from subgrantees, shall establish in the State 17 plan submitted under section 3113, a State performance 18 target for the percentage of English learners served by the 19 State under this title who are making progress in achiev- 20 ing English proficiency not more than 5 years after being 21 identified as an English learner. The State performance 22 target established under this subsection shall be subject 23 to approval by the Secretary. Each State educational 24 agency shall ensure that the local performance targets de- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00481 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 482 •S 1094 IS scribed in section 3121(b)(1) result, in the aggregate, in 1 the State achieving the State’s performance target for 2 English learners. 3 ‘‘(b) IMPROVEMENT PLAN.—If a State educational 4 agency has failed to meet the State’s performance target 5 for 2 consecutive years, the Secretary shall require the 6 State educational agency to develop an improvement plan 7 that will ensure that the State educational agency meets 8 the State performance target. The improvement plan shall 9 specifically address the factors that prevented the agency 10 from meeting such performance target. 11 ‘‘(c) TECHNICAL ASSISTANCE.—During the develop- 12 ment of the improvement plan described in subsection (b), 13 and throughout the implementation of such plan, the Sec- 14 retary shall— 15 ‘‘(1) provide technical assistance to the State 16 educational agency using the funds described in sec- 17 tion 3111(c)(1)(D); 18 ‘‘(2) assist the State educational agency in de- 19 veloping a plan to improve and disseminate the pro- 20 fessional development described in section 21 3115(c)(2); and 22 ‘‘(3) develop, in consultation with the State 23 educational agency, a plan to incorporate evidence- 24 based strategies and methodologies to improve the 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00482 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 483 •S 1094 IS specific programs and method of instruction in use 1 in such State. 2 ‘‘(d) ACCOUNTABILITY.— 3 ‘‘(1) IN GENERAL.—If a State educational 4 agency fails to meet its performance target for 4 5 consecutive years, the Secretary shall— 6 ‘‘(A) require such State educational agency 7 to modify its State plan and the methods of in- 8 struction in use in the State; or 9 ‘‘(B) require such State educational agency 10 to— 11 ‘‘(i) identify low-performing local edu- 12 cational agencies in the State; 13 ‘‘(ii) develop and implement a plan to 14 partner such low-performing local edu- 15 cational agencies with high-performing 16 local educational agencies in the State that 17 have met the local performance targets for 18 the previous 3 years; and 19 ‘‘(iii) reallocate any grant funding 20 under this title that would have otherwise 21 been distributed to an identified low-per- 22 forming local educational agency to such 23 agency’s high-performing partner local 24 educational agency, as described in clause 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00483 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 484 •S 1094 IS (ii), to enable the high-performing partner 1 agency to provide technical assistance. 2 ‘‘(2) STUDENTS WHO WILL GRADUATE IN LESS 3 THAN 5 YEARS.—In the case of a student who will 4 graduate from secondary school in less than 5 years, 5 if such student does not attain English proficiency 6 not more than 5 years after being identified as an 7 English learner, the student shall not be counted as 8 a graduating student in the State educational agen- 9 cy’s calculation of the graduation rate. 10 ‘‘SEC. 3123. REPORTING REQUIREMENTS. 11 ‘‘(a) STATES.—Each State educational agency that 12 receives assistance under this part shall provide annually 13 to the Secretary, and make widely available within the 14 State, a report containing information about— 15 ‘‘(1) the State’s progress in developing and im- 16 plementing the English language proficiency stand- 17 ards described in section 3111(b)(2)(A)(iv); 18 ‘‘(2) the achievement, academic growth, and ac- 19 quisition of English language proficiency of students 20 served under this title; 21 ‘‘(3) programs and activities carried out by the 22 State educational agency under this part; and 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00484 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 485 •S 1094 IS ‘‘(4) the effectiveness of such programs and ac- 1 tivities in improving the education provided to 2 English learners. 3 ‘‘(b) SECRETARY.—Every second year, the Secretary 4 shall prepare and submit to the authorizing committees 5 of Congress a report containing— 6 ‘‘(1) information about programs and activities 7 carried out to serve English learners under this part, 8 and the effectiveness of such programs and activities 9 in improving the academic achievement and English 10 proficiency of English learners; 11 ‘‘(2) information about the types of language 12 instruction educational programs used by eligible en- 13 tities receiving funding under this part to teach 14 English learners; 15 ‘‘(3) a critical synthesis of data reported by eli- 16 gible entities to States under section 3121(a)(3); 17 ‘‘(4) a description of technical assistance and 18 other assistance provided by State educational agen- 19 cies under section 3111(b)(2)(A); 20 ‘‘(5) an estimate of the number of certified or 21 licensed teachers working in language instruction 22 educational programs and educating English learn- 23 ers, and an estimate of the number of such teachers 24 that will be needed for the succeeding 5 fiscal years; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00485 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 486 •S 1094 IS ‘‘(6) the major findings of scientifically based 1 research carried out under this title; 2 ‘‘(7) the number of programs or activities, if 3 any, that were subject to accountability measures 4 described in section 3121(b)(4) due to a failure to 5 meet local performance targets; 6 ‘‘(8) the number of English learners served by 7 eligible entities receiving funding under this part 8 who were transitioned out of language instruction 9 educational programs funded under this part into 10 classrooms where instruction is not tailored for 11 English learners; and 12 ‘‘(9) other information gathered from other re- 13 ports submitted to the Secretary under this title, as 14 applicable. 15 ‘‘SEC. 3124. COORDINATION WITH RELATED PROGRAMS. 16 ‘‘In order to maximize Federal efforts aimed at serv- 17 ing the educational needs of English learners, the Sec- 18 retary shall coordinate and ensure close cooperation with 19 other entities carrying out programs serving language-mi- 20 nority and English learners that are administered by the 21 Department and other agencies. 22 ‘‘SEC. 3125. RULES OF CONSTRUCTION. 23 ‘‘Nothing in this part shall be construed— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00486 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 487 •S 1094 IS ‘‘(1) to prohibit a local educational agency from 1 serving English learners simultaneously with chil- 2 dren with similar educational needs, in the same 3 educational settings where appropriate; 4 ‘‘(2) to require a State or a local educational 5 agency to establish, continue, or eliminate any par- 6 ticular type of instructional program for English 7 learners; 8 ‘‘(3) to limit the preservation or use of Native 9 American languages; 10 ‘‘(4) to prohibit the use of dual language pro- 11 grams to serve the needs of English learners and 12 children with similar educational needs, in the same 13 educational setting as appropriate. 14 ‘‘SEC. 3126. LEGAL AUTHORITY UNDER STATE LAW. 15 ‘‘Nothing in this part shall be construed to negate 16 or supersede State law, or the legal authority under State 17 law of any State agency, State entity, or State public offi- 18 cial, over programs that are under the jurisdiction of the 19 State agency, entity, or official. 20 ‘‘SEC. 3127. CIVIL RIGHTS. 21 ‘‘Nothing in this part shall be construed in a manner 22 inconsistent with any Federal law guaranteeing a civil 23 right. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00487 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 488 •S 1094 IS ‘‘SEC. 3128. PROGRAMS FOR NATIVE AMERICANS AND 1 PUERTO RICO. 2 ‘‘Notwithstanding any other provision of this part, 3 programs authorized under this part that serve Native 4 American (including Native American Pacific Islander) 5 children and children in the Commonwealth of Puerto Rico 6 may include programs of instruction, teacher training, 7 curriculum development, evaluation, and assessment de- 8 signed for Native American children learning and studying 9 Native American languages and children of limited Span- 10 ish proficiency, except that an outcome of programs serv- 11 ing such children shall be increased English proficiency 12 among such children. 13 ‘‘SEC. 3129. PROHIBITION. 14 ‘‘In carrying out this part, the Secretary shall neither 15 mandate nor preclude the use of a particular curricular 16 or pedagogical approach to educating English learners. 17 ‘‘Subpart 3—National Activities 18 ‘‘SEC. 3131. PROFESSIONAL DEVELOPMENT GRANTS. 19 ‘‘(a) GRANTS AUTHORIZED.—The Secretary shall use 20 funds made available under section 3111(c)(1)(C) to 21 award grants, on a competitive basis and for a period of 22 not more than 5 years, to institutions of higher education 23 or nonprofit institutions with relevant experience or exper- 24 tise and capacity (in consortia with State educational 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00488 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 489 •S 1094 IS agencies or local educational agencies) in order to enable 1 such consortia to— 2 ‘‘(1) provide for professional development activi- 3 ties that will improve classroom instruction for 4 English learners; 5 ‘‘(2) assist educational personnel working with 6 English learners to meet high professional stand- 7 ards, including standards for certification and licen- 8 sure as teachers who work in language instruction 9 educational programs and academic content instruc- 10 tion programs or serve English learners. 11 ‘‘(b) USES OF FUNDS.—Grants awarded under this 12 section may be used to— 13 ‘‘(1) support partnerships between State or 14 local educational agencies and institutions of higher 15 education to support the work of individuals who are 16 completing baccalaureate and masters programs 17 (such as programs in the areas of teacher training, 18 program administration, policy, research, evaluation, 19 assessment, and curriculum development) and to im- 20 prove educational services and programs for English 21 learners, provided that recipients of fellowships or 22 assistance are required, on completion of their stud- 23 ies, to— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00489 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 490 •S 1094 IS ‘‘(A) assist in the education of English 1 learners through work in a school, local edu- 2 cational agency, or other educational agency or 3 organization for a period of time equivalent to 4 the period of time during which the individual 5 receives assistance under this section; or 6 ‘‘(B) repay all or a prorated part of the fi- 7 nancial assistance received under this section; 8 ‘‘(2) support research on promising instruc- 9 tional strategies or programs that have practical ap- 10 plications for teachers, counselors, parents and fam- 11 ily members, school leaders, and others responsible 12 for educating or improving the education of English 13 learners and their families; 14 ‘‘(3) support strategies that promote school 15 readiness for English learners and the transition 16 from early childhood education programs, such as 17 Head Start or State preschool programs, to elemen- 18 tary school programs; 19 ‘‘(4) support strategies that promote high 20 school graduation for English learners; 21 ‘‘(5) support strategies that strengthen and in- 22 crease family and community member engagement 23 in education; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00490 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 491 •S 1094 IS ‘‘(6) support the development of curricula that 1 are appropriate to the needs of the participating 2 consortium; and 3 ‘‘(7) support the dissemination of information 4 gathered in accordance with paragraphs (1) through 5 (5), particularly evidence-based best practices and 6 the provision of technical assistance. 7 ‘‘SEC. 3132. COMMISSION ON ASSESSMENT OF ENGLISH 8 LEARNERS. 9 ‘‘(a) COMMISSION ON ASSESSMENT OF ENGLISH 10 LEARNERS.— 11 ‘‘(1) IN GENERAL.—The Secretary shall estab- 12 lish an independent commission on the assessment 13 and advancement of English learners (referred to in 14 this section as the ‘commission’) to carry out the ac- 15 tivities described in subsection (c). 16 ‘‘(2) DATE OF APPOINTMENT.—The members 17 of the commission shall be appointed not later than 18 6 months after the date of enactment of the 19 Strengthening America’s Schools Act of 2013. 20 ‘‘(b) COMPOSITION.— 21 ‘‘(1) IN GENERAL.—The commission shall be 22 comprised of individuals with experience and exper- 23 tise in the educational advancement and develop- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00491 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 492 •S 1094 IS ment of English learners, including individuals with 1 expertise in— 2 ‘‘(A) the practice of teaching English to 3 speakers of other languages; 4 ‘‘(B) measurement and educational assess- 5 ment systems; and 6 ‘‘(C) educational assessment and account- 7 ability practices. 8 ‘‘(2) EXPERTISE OF MEMBERS.—The Secretary 9 shall ensure that the individuals selected in accord- 10 ance with paragraph (1) are experts who are com- 11 petent, by virtue of their training, expertise, or expe- 12 rience, to evaluate instruction, assessments, and 13 models for English learners. 14 ‘‘(c) DUTIES OF THE COMMISSION.—The commission 15 shall provide the Secretary with advice and recommenda- 16 tions about the following issues: 17 ‘‘(1) The development and approval of stand- 18 ards pertaining to English learners, in order to as- 19 sist the Secretary in the review and approval of 20 statewide accountability systems that are required 21 under section 3113(b)(5) and section 1111(a)(3). 22 ‘‘(2) The provision of regulations and guidance 23 pertaining to the inclusion of English learners in as- 24 sessment and accountability systems, including rec- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00492 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 493 •S 1094 IS ommendations about appropriate accommodations 1 and appropriate weights for assessments involving 2 English learners, including the English language 3 proficiency assessments described in section 4 3113(b)(5). 5 ‘‘(3) Ensuring that State English language pro- 6 ficiency standards under section 3113(b)(2) and sec- 7 tion 1111(a)(1)(D) are properly aligned with college 8 and career ready academic content standards under 9 section 1111(a)(1). 10 ‘‘(4) The formation of peer review panels, under 11 section 1111(b)(4), with regard to— 12 ‘‘(A) the inclusion on the panels of experts 13 about English learners; and 14 ‘‘(B) processes to ensure that the work of 15 the peer review panel is consistent with the 16 standards and guidance developed by the com- 17 mission. 18 ‘‘(5) Identifying ways to support local capacity- 19 building efforts to assist local educational agencies 20 and schools in properly supporting English learners. 21 ‘‘(6) Ensuring that the research, development, 22 and dissemination activities of the Department ad- 23 dress identified gaps in knowledge for effectively in- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00493 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 494 •S 1094 IS cluding English learners in assessment and account- 1 ability practices. 2 ‘‘(7) Ways to address the needs of English 3 learners in all program planning at the Department, 4 including inter- and intra-agency coordination. 5 ‘‘(8) The development of improved early learn- 6 ing assessment strategies and instruments that take 7 into account the development of English learners 8 across all of the essential domains of school readi- 9 ness. 10 ‘‘(d) INDEPENDENTLY COMMISSIONED RESEARCH.— 11 The commission may independently commission research 12 that is directly relevant to the implementation of account- 13 ability provisions under this Act for English learners. 14 ‘‘(e) ANNUAL REPORT.—The commission shall, be- 15 ginning not later than 1 year after the date on which all 16 members of the commission have been appointed, submit 17 an annual report to the Secretary and the authorizing 18 committees of Congress containing the recommendations 19 described in subsection (c). 20 ‘‘SEC. 3133. ENGLISH LANGUAGE ACQUISITION TECH- 21 NOLOGY INNOVATION GRANTS. 22 ‘‘(a) PURPOSES.—The Secretary shall use funds 23 made available under section 3111(c)(1)(C) to provide 24 English language acquisition technology innovation grants 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00494 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 495 •S 1094 IS for purposes of pursuing breakthrough research and devel- 1 opment in educational technology and providing the effec- 2 tive use of that technology to improve English proficiency 3 and academic achievement for English learners, by— 4 ‘‘(1) identifying and promoting advances in fun- 5 damental and applied sciences and engineering that 6 could be translated into new language learning or in- 7 struction technologies; 8 ‘‘(2) developing novel language learning or in- 9 struction technologies, and the enabling processes 10 and contexts for effective use of those technologies; 11 ‘‘(3) developing, testing, and evaluating the im- 12 pact and efficacy of those technologies; 13 ‘‘(4) accelerating technological advances in 14 areas in which the private sector, by itself, is not 15 likely to accelerate such advances because of difficul- 16 ties in implementation or adoption, or technical and 17 market uncertainty; 18 ‘‘(5) coordinating activities with nongovern- 19 mental entities to demonstrate technologies and re- 20 search applications to facilitate technology transfer; 21 and 22 ‘‘(6) encouraging educational research on 23 English language acquisition using new technologies 24 and the data produced by those technologies. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00495 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 496 •S 1094 IS ‘‘(b) AUTHORITIES OF SECRETARY.—The Secretary 1 is authorized to— 2 ‘‘(1) establish processes for the development 3 and execution of English language acquisition tech- 4 nology innovation grant projects and the solicitation 5 of entities to carry out the projects in a manner that 6 is— 7 ‘‘(A) tailored to the purposes of the 8 English language acquisition technology innova- 9 tion grants and not constrained by other De- 10 partment-wide administrative requirements that 11 could detract from achieving program results; 12 ‘‘(B) designed to heighten transparency; 13 and 14 ‘‘(C) designed to heighten public- and pri- 15 vate-sector involvement to ensure that invest- 16 ments are made in the most promising areas; 17 ‘‘(2) award grants, contracts, cooperative agree- 18 ments, and cash prizes, and enter into other trans- 19 actions (in accordance with such regulations as the 20 Secretary may establish regarding other trans- 21 actions); 22 ‘‘(3) obtain independent, periodic, rigorous eval- 23 uations, as appropriate, of— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00496 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 497 •S 1094 IS ‘‘(A) the effectiveness of the processes 1 being used to award and evaluate the effective- 2 ness of the English language acquisition tech- 3 nology innovation grants in achieving the stated 4 purposes; and 5 ‘‘(B) the effectiveness of individual projects 6 assisted by English language acquisition tech- 7 nology innovation grants, using evidence stand- 8 ards developed in consultation with the Insti- 9 tute of Education Sciences, and the suitability 10 of ongoing projects assisted by such grants for 11 further investment or increased scale; 12 ‘‘(4) disseminate, through the comprehensive 13 centers established under section 203 of the Edu- 14 cational Technical Assistance Act of 2002 (20 15 U.S.C. 9602), the regional educational laboratories 16 system established under section 174 of the Edu- 17 cation Sciences Reform Act of 2002 (20 U.S.C. 18 9564), or such other means as the Secretary deter- 19 mines to be appropriate, information on effective 20 practices and technologies developed with the sup- 21 port of English language acquisition technology in- 22 novation grants; and 23 ‘‘(5) collect, analyze, synthesize, and dissemi- 24 nate, through the comprehensive centers established 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00497 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 498 •S 1094 IS under section 203 of the Educational Technical As- 1 sistance Act of 2002 (20 U.S.C. 9602), the regional 2 educational laboratories system established under 3 section 174 of the Education Sciences Reform Act of 4 2002 (20 U.S.C. 9564), or such other means as the 5 Secretary determines to be appropriate, information 6 and educational research and processes related to 7 the education of English learners. 8 ‘‘(c) EVALUATION FUNDS.—The Secretary may use 9 funds made available for English language acquisition 10 technology innovation grants to pay the cost of the evalua- 11 tions under subsection (b)(3). 12 ‘‘(d) NONDUPLICATION.—To the maximum extent 13 practicable, the Secretary shall ensure that grants, con- 14 tracts, cooperative agreements, cash prizes, or other as- 15 sistance or arrangements awarded or entered into pursu- 16 ant to this section that are designed to carry out the pur- 17 poses of the English language acquisition technology inno- 18 vation grants do not duplicate activities under programs 19 carried out under Federal law other than this section by 20 the Department or other Federal agencies. 21 ‘‘PART B—GENERAL PROVISIONS 22 ‘‘SEC. 3201. DEFINITIONS. 23 ‘‘Except as otherwise provided, in this title: 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00498 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 499 •S 1094 IS ‘‘(1) CHILD.—The term ‘child’ means any indi- 1 vidual aged 3 through 21. 2 ‘‘(2) COMMUNITY-BASED ORGANIZATION.—The 3 term ‘community-based organization’ means a pri- 4 vate nonprofit organization of demonstrated effec- 5 tiveness, Indian tribe, or tribally sanctioned edu- 6 cational authority, that is representative of a com- 7 munity or significant segments of a community and 8 that provides educational or related services to indi- 9 viduals in the community. Such term includes a Na- 10 tive Hawaiian or Native American Pacific Islander 11 native language educational organization. 12 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en- 13 tity’ means— 14 ‘‘(A) 1 or more local educational agencies; 15 or 16 ‘‘(B) 1 or more local educational agencies, 17 in collaboration with an institution of higher 18 education, community-based organization, or 19 State educational agency. 20 ‘‘(4) IMMIGRANT CHILDREN AND YOUTH.—The 21 term ‘immigrant children and youth’ means individ- 22 uals who— 23 ‘‘(A) are aged 3 through 21; 24 ‘‘(B) were not born in any State; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00499 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 500 •S 1094 IS ‘‘(C) have not been attending one or more 1 schools in any one or more States or operated 2 by the Department of Defense Education Au- 3 thority for more than 3 full academic years. 4 ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 5 has the meaning given the term in section 4 of the 6 Indian Self-Determination and Education Assistance 7 Act (25 U.S.C. 450b). 8 ‘‘(6) LANGUAGE INSTRUCTION EDUCATIONAL 9 PROGRAM.—The term ‘language instruction edu- 10 cational program’ means an instruction course— 11 ‘‘(A) in which an English learner is placed 12 for the purpose of developing and attaining 13 English proficiency, while meeting college and 14 career ready academic content standards and 15 student academic achievement standards under 16 section 1111(a)(1); and 17 ‘‘(B) that may make instructional use of 18 both English and a child’s native language to 19 enable the child to develop and attain English 20 proficiency, and may include the participation 21 of English proficient children if such course is 22 designed to enable all participating children to 23 become proficient in English and a second lan- 24 guage. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00500 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 501 •S 1094 IS ‘‘(7) NATIVE AMERICAN AND NATIVE AMERICAN 1 LANGUAGE.—The terms ‘Native American’ and ‘Na- 2 tive American language’ shall have the meanings 3 given such terms in section 103 of the Native Amer- 4 ican Languages Act (25 U.S.C. 2902). 5 ‘‘(8) NATIVE HAWAIIAN OR NATIVE AMERICAN 6 PACIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL 7 ORGANIZATION.—The term ‘Native Hawaiian or Na- 8 tive American Pacific Islander native language edu- 9 cational organization’ means a nonprofit organiza- 10 tion with— 11 ‘‘(A) a majority of its governing board and 12 employees consisting of fluent speakers of the 13 traditional Native American languages used in 14 the organization’s educational programs; and 15 ‘‘(B) not less than 5 years successful expe- 16 rience in providing educational services in tradi- 17 tional Native American languages. 18 ‘‘(9) NATIVE LANGUAGE.—The term ‘native 19 language’, when used with reference to an English 20 learner, means— 21 ‘‘(A) the language normally used by such 22 individual; or 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00501 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 502 •S 1094 IS ‘‘(B) in the case of a child or youth, the 1 language normally used by the parents of the 2 child or youth. 3 ‘‘(10) PARAPROFESSIONAL.—The term ‘para- 4 professional’ means an individual who is employed in 5 a preschool, elementary school, or secondary school 6 under the supervision of a certified or licensed teach- 7 er, including individuals employed in language in- 8 struction educational programs, special education, 9 and migrant education. 10 ‘‘(11) STATE.—The term ‘State’ means each of 11 the 50 States, the District of Columbia, and the 12 Commonwealth of Puerto Rico. 13 ‘‘(12) TRIBALLY SANCTIONED EDUCATIONAL 14 AUTHORITY.—The term ‘tribally sanctioned edu- 15 cational authority’ means— 16 ‘‘(A) any department or division of edu- 17 cation operating within the administrative 18 structure of the duly constituted governing body 19 of an Indian tribe; and 20 ‘‘(B) any nonprofit institution or organiza- 21 tion that is— 22 ‘‘(i) chartered by the governing body 23 of an Indian tribe to operate a school de- 24 scribed in section 3112(a) or otherwise to 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00502 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 503 •S 1094 IS oversee the delivery of educational services 1 to members of the tribe; and 2 ‘‘(ii) approved by the Secretary for 3 the purpose of carrying out programs 4 under subpart 1 of part A for individuals 5 served by a school described in section 6 3112(a). 7 ‘‘SEC. 3202. PARENTAL NOTIFICATION. 8 ‘‘(a) IN GENERAL.—Each eligible entity receiving 9 funds under this title to provide a language instruction 10 educational program and academic content instruction 11 program shall, not later than 30 days after the beginning 12 of the school year, inform a parent or the parents of an 13 English learner identified for participation in, or partici- 14 pating in, such program of— 15 ‘‘(1) the reasons for the identification of their 16 child as an English learner and in need of placement 17 in a language instruction educational program and 18 academic content instruction program; 19 ‘‘(2) the child’s level of English language pro- 20 ficiency, how that level was assessed, whether the 21 child is on track to achieve English proficiency not 22 later than 5 years after being identified as an 23 English learner, and the status of the child’s aca- 24 demic achievement; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00503 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 504 •S 1094 IS ‘‘(3) the method of instruction used in the pro- 1 gram in which their child is, or will be, participating, 2 and the methods of instruction used in other avail- 3 able programs, including how such programs differ 4 in content, instructional goals, and use of English 5 and a native language in instruction; 6 ‘‘(4) how the program in which their child is, 7 or will be participating, will appropriately respond to 8 the educational strengths and needs of the child; 9 ‘‘(5) how the program will specifically help their 10 child learn English and reflect age appropriate aca- 11 demic achievement standards for grade promotion 12 and graduation; 13 ‘‘(6) the specific exit requirements for the pro- 14 gram, the expected rate of transition from the pro- 15 gram into classrooms that are not tailored for 16 English learners, and the expected rate of gradua- 17 tion from secondary school for English learners in 18 the program if the child is in secondary school; 19 ‘‘(7) in the case of a child with a disability, how 20 the program meets the objectives of the child’s indi- 21 vidualized education program; and 22 ‘‘(8) information pertaining to parental rights 23 that includes written guidance— 24 ‘‘(A) detailing— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00504 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 505 •S 1094 IS ‘‘(i) the parent’s right to have the 1 parent’s child immediately removed from 2 the program upon the parent’s request; 3 and 4 ‘‘(ii) the options that parents have to 5 decline to enroll their child in such pro- 6 gram or to choose another program or 7 method of instruction, if available; and 8 ‘‘(B) assisting parents in selecting among 9 various programs and methods of instruction, if 10 more than 1 program or method is offered by 11 the eligible entity. 12 ‘‘(b) SEPARATE NOTIFICATION.—In addition to pro- 13 viding the information required to be provided under sub- 14 section (a), each eligible entity that is using funds pro- 15 vided under this title to provide a language instruction 16 educational program, and that has failed to make progress 17 on the local performance targets described in section 3122 18 for any fiscal year for which part A is in effect, shall sepa- 19 rately inform a parent or the parents of a child identified 20 for participation in such program, or participating in such 21 program, of such failure not later than 30 days after the 22 eligible entity receives notification of such failure from the 23 State. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00505 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 506 •S 1094 IS ‘‘(c) RECEIPT OF INFORMATION.—The information 1 described in subsection (a) shall be provided in an under- 2 standable and uniform format and, to the extent prac- 3 ticable, in a language that the parent can understand. 4 ‘‘(d) SPECIAL RULE APPLICABLE DURING SCHOOL 5 YEAR.—For a child who has not been identified for par- 6 ticipation in a language instruction educational program 7 and academic content instruction program prior to the be- 8 ginning of the school year, the eligible entity shall carry 9 out subsections (a) and (b) with respect to the parents 10 of the child not later than 2 weeks after the child is placed 11 in such program. 12 ‘‘(e) PARENT AND FAMILY ENGAGEMENT.— 13 ‘‘(1) IN GENERAL.—Each eligible entity using 14 funds provided under this title to provide a language 15 instruction educational program and academic con- 16 tent instruction program shall implement an effec- 17 tive means of outreach to parents and family mem- 18 bers of English learners to inform such parents and 19 family members of how they can— 20 ‘‘(A) be full partners in the education of 21 their children, including ensuring that immi- 22 grant parents and family members are well in- 23 formed about the elements of the educational 24 system in the United States; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00506 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 507 •S 1094 IS ‘‘(B) be active participants in assisting 1 their children— 2 ‘‘(i) to learn English; 3 ‘‘(ii) to achieve at high levels in core 4 academic subjects; 5 ‘‘(iii) to meet the same college and ca- 6 reer ready academic content standards and 7 student academic achievement standards 8 under section 1111(a)(1) as all children 9 are expected to meet to become college and 10 career ready; and 11 ‘‘(iv) to understand expectations for 12 college readiness and career success. 13 ‘‘(2) RECEIPT OF RECOMMENDATIONS.—The 14 outreach described in paragraph (1) shall include 15 holding, and sending notice of opportunities for, reg- 16 ular meetings for the purpose of formulating and re- 17 sponding to recommendations from parents de- 18 scribed in such paragraph. 19 ‘‘(f) BASIS FOR ADMISSION OR EXCLUSION.—A child 20 shall not be admitted to, or excluded from, any Federally 21 assisted education program on the basis of a surname or 22 language-minority status. 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00507 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 508 •S 1094 IS ‘‘SEC. 3203. NATIONAL CLEARINGHOUSE. 1 ‘‘The Secretary shall establish and support the oper- 2 ation of a National Clearinghouse for English Learner 3 Support and Educational Programs, which shall collect, 4 analyze, synthesize, and disseminate information about 5 programs that support the academic achievement of 6 English learners, and related programs. The National 7 Clearinghouse shall— 8 ‘‘(1) be administered as an adjunct clearing- 9 house of the Educational Resources Information 10 Center Clearinghouses system supported by the Of- 11 fice of Educational Research and Improvement; 12 ‘‘(2) coordinate activities with Federal data and 13 information clearinghouses and entities operating 14 Federal dissemination networks and systems; 15 ‘‘(3) develop a system for improving the oper- 16 ation and effectiveness of programs that receive 17 Federal funding that serve English learners; 18 ‘‘(4) collect and disseminate information on— 19 ‘‘(A) educational research and processes 20 related to the education of English learners; 21 ‘‘(B) accountability systems that monitor 22 the academic progress of English learners in 23 language instruction educational programs, in- 24 cluding information on academic content and 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00508 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 509 •S 1094 IS English proficiency assessments for language 1 instruction educational programs; 2 ‘‘(C) effective practices for meeting the 3 academic and cultural needs of English learn- 4 ers; and 5 ‘‘(D) effective practices for engaging the 6 families and caretakers of English learners; and 7 ‘‘(5) publish, on an annual basis, a list of grant 8 recipients under this title. 9 ‘‘SEC. 3204. REGULATIONS. 10 ‘‘In developing regulations under this title, the Sec- 11 retary shall consult with State educational agencies and 12 local educational agencies, organizations representing 13 English learners, and organizations representing teachers 14 and other personnel involved in the education of English 15 learners.’’. 16 TITLE IV—SUPPORTING SUC- 17 CESSFUL, WELL-ROUNDED 18 STUDENTS 19 SEC. 4101. REDESIGNATIONS. 20 Title IV (20 U.S.C. 7101 et seq.) is amended— 21 (1) by striking the title heading and inserting 22 the following: ‘‘SUPPORTING SUCCESSFUL, 23 WELL-ROUNDED STUDENTS’’; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00509 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 510 •S 1094 IS (2) by redesignating subpart 3 of part A as 1 subpart 1 of part G of title IX, as added by section 2 9104(a) of this Act, and transferring such subpart 3 1 so as to follow the part heading of such part G 4 as added by section 9104(a) of this Act; 5 (3) by redesignating section 4141 as section 6 9701; 7 (4) by redesignating part C as subpart 2 of 8 part G of title IX, as added by section 9104(a) of 9 this Act, and transferring such subpart 2 so as to 10 follow subpart 1 of part G of title IX, as redesig- 11 nated by paragraph (2); 12 (5) by redesignating sections 4301, 4302, 4303, 13 and 4304, as sections 9721, 9722, 9723, and 9724, 14 respectively; 15 (6) in section 9721, as redesignated by para- 16 graph (5), by striking ‘‘part’’ and inserting ‘‘sub- 17 part’’; 18 (7) in section 9722, as redesignated by para- 19 graph (5)— 20 (A) in the matter preceding paragraph (1), 21 by striking ‘‘part’’ and inserting ‘‘subpart’’; and 22 (B) in paragraph (2)(B), by striking 23 ‘‘part’’ and inserting ‘‘subpart’’; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00510 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 511 •S 1094 IS (8) in section 9723(e)(3), by striking the mat- 1 ter following subparagraph (B) and inserting the fol- 2 lowing: 3 ‘‘(C) such other matters as justice may re- 4 quire.’’; and 5 (9) in section 9724, as redesignated by para- 6 graph (5), by striking ‘‘part’’ both places the term 7 appears and inserting ‘‘subpart’’. 8 SEC. 4102. IMPROVING LITERACY INSTRUCTION AND STU- 9 DENT ACHIEVEMENT. 10 Part A of title IV (20 U.S.C. 7101 et seq.) is amend- 11 ed to read as follows: 12 ‘‘PART A—IMPROVING LITERACY INSTRUCTION 13 AND STUDENT ACHIEVEMENT 14 ‘‘Subpart 1—Improving Literacy Instruction 15 ‘‘SEC. 4101. SHORT TITLE. 16 ‘‘This part may be cited as the ‘Improving Literacy 17 Instruction and Student Achievement Act’. 18 ‘‘SEC. 4102. PURPOSES. 19 ‘‘The purposes of this part are— 20 ‘‘(1) to improve student academic achievement 21 in reading and writing by providing Federal support 22 to State educational agencies to develop, improve, 23 coordinate, and implement comprehensive literacy 24 plans that ensure high-quality instruction and effec- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00511 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 512 •S 1094 IS tive strategies in reading and writing from birth 1 through grade 12; and 2 ‘‘(2) to assist State educational agencies in 3 achieving the purpose described in paragraph (1) 4 by— 5 ‘‘(A) supporting the development and im- 6 plementation of comprehensive early learning 7 through grade 12 literacy programs in every 8 State that are based on scientifically valid re- 9 search, to ensure that every child can read and 10 write at grade level or above; 11 ‘‘(B) providing children with learning op- 12 portunities in high-quality, language rich, lit- 13 erature rich, informational text rich, culturally 14 relevant, and developmentally appropriate envi- 15 ronments so that the children develop the fun- 16 damental knowledge and skills necessary for lit- 17 eracy engagement, development, and achieve- 18 ment in pre-kindergarten through grade 12; 19 ‘‘(C) educating parents in the ways the 20 parents can support their child’s communication 21 and literacy development; 22 ‘‘(D) supporting efforts to link and align 23 standards and research-based instruction and 24 teaching practices in early learning programs; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00512 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 513 •S 1094 IS ‘‘(E) supporting high-quality and effective 1 strategies for children to develop oral language, 2 reading, and writing abilities through high-qual- 3 ity research-based instruction and teaching 4 practices; 5 ‘‘(F) improving academic achievement by 6 establishing adolescent literacy initiatives that 7 provide explicit and systematic instruction in 8 oral language, reading, and writing development 9 across the curriculum; 10 ‘‘(G) identifying and supporting children 11 reading and writing significantly below grade 12 level by providing evidence-based, intensive 13 interventions, including interventions conducted 14 during extended learning time, to help the chil- 15 dren acquire the language and literacy skills the 16 children need to stay on track for graduation; 17 ‘‘(H) providing assistance to local edu- 18 cational agencies in order to provide educators 19 with ongoing, job-embedded professional devel- 20 opment, and other support, that focuses on— 21 ‘‘(i) effective literacy instruction; and 22 ‘‘(ii) the special knowledge and skills 23 necessary to teach and support literacy de- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00513 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 514 •S 1094 IS velopment effectively across the develop- 1 mental and age span; 2 ‘‘(I) supporting State educational agencies 3 and local educational agencies in improving 4 reading, writing, and literacy-based academic 5 achievement for children, especially children 6 who are low-income individuals, are English 7 learners, are migratory, are children with dis- 8 abilities, are Indian or Alaskan Native, are ne- 9 glected or delinquent, are homeless, are in the 10 custody of the child welfare system, or have 11 dropped out of school; 12 ‘‘(J) supporting State educational agencies 13 and local educational agencies in using age ap- 14 propriate and developmentally and linguistically 15 appropriate instructional materials and strate- 16 gies that assist teachers as the teachers work 17 with children to develop reading and writing 18 competencies appropriate to the children’s 19 grade and skill levels; 20 ‘‘(K) strengthening coordination among 21 schools, early literacy programs, family literacy 22 programs, juvenile justice programs, public li- 23 braries, and outside-of-school programs that 24 provide children with strategies, curricula, 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00514 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 515 •S 1094 IS interventions, and assessments designed to ad- 1 vance early and continuing language and lit- 2 eracy development in ways appropriate for each 3 context; 4 ‘‘(L) supporting professional development 5 for educators based on scientific approaches to 6 adult learning; and 7 ‘‘(M) evaluating whether the professional 8 development activities and approaches are effec- 9 tive in building knowledge and skills of edu- 10 cators and their use of appropriate and effective 11 practices. 12 ‘‘SEC. 4103. DEFINITIONS. 13 ‘‘In this part: 14 ‘‘(1) CHILD.—The term ‘child’ means an indi- 15 vidual from the age of birth through the final year 16 for which the State provides free public education. 17 ‘‘(2) CLASSROOM-BASED INSTRUCTIONAL AS- 18 SESSMENT.—The term ‘classroom-based instruc- 19 tional assessment’ means an assessment for children 20 from birth through grade 3 that— 21 ‘‘(A) is valid and reliable for the age and 22 population of children served in the program; 23 ‘‘(B) is used to evaluate children’s develop- 24 mental progress and learning and includes sys- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00515 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 516 •S 1094 IS tematic observations by teachers of children 1 performing tasks, including academic and lit- 2 eracy tasks, that are part of the children’s daily 3 classroom experience; and 4 ‘‘(C) is used to improve classroom instruc- 5 tion. 6 ‘‘(3) COMPREHENSIVE LITERACY INSTRUC- 7 TION.—The term ‘comprehensive literacy instruc- 8 tion’ means instruction that— 9 ‘‘(A) incorporates effective literacy instruc- 10 tion; and 11 ‘‘(B) is designed to support— 12 ‘‘(i) developmentally appropriate, con- 13 textually explicit, systematic instruction, 14 and frequent practice, in reading across 15 content areas; and 16 ‘‘(ii) developmentally appropriate and 17 contextually explicit instruction, and fre- 18 quent practice, in writing across content 19 areas. 20 ‘‘(4) DEVELOPMENTAL DELAY.—The term ‘de- 21 velopmental delay’ has the meaning given the term 22 in section 632 of the Individuals with Disabilities 23 Education Act (20 U.S.C. 1432). 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00516 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 517 •S 1094 IS ‘‘(5) EARLY LEARNING PROGRAM.—The term 1 ‘early learning program’ means a program serving 2 children between the ages of birth and kindergarten 3 entry. 4 ‘‘(6) EFFECTIVE-LITERACY INSTRUCTION.— 5 ‘‘(A) IN GENERAL.—The term ‘effective lit- 6 eracy instruction’ means literacy instruction 7 that— 8 ‘‘(i) includes age-appropriate, explicit, 9 systematic, and intentional instruction in 10 phonological awareness, phonic decoding, 11 vocabulary, language structure, reading 12 fluency, and reading comprehension; 13 ‘‘(ii) includes age-appropriate, explicit 14 instruction in writing, including opportuni- 15 ties for children to write with clear pur- 16 poses, with critical reasoning appropriate 17 to the topic and purpose, and with specific 18 instruction and feedback from instructional 19 staff; 20 ‘‘(iii) makes available and uses di- 21 verse, high-quality print materials that re- 22 flect the reading and development levels, 23 and interests, of children; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00517 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 518 •S 1094 IS ‘‘(iv) uses differentiated instructional 1 approaches, including individual and small 2 group instruction and discussion; 3 ‘‘(v) provides opportunities for chil- 4 dren to use language with peers and adults 5 in order to develop language skills, includ- 6 ing developing vocabulary; 7 ‘‘(vi) includes frequent practice of 8 reading and writing strategies; 9 ‘‘(vii) uses age-appropriate, valid, and 10 reliable screening assessments, diagnostic 11 assessments, formative assessments, and 12 summative assessments to identify a child’s 13 learning needs, to inform instruction, and 14 to monitor the child’s progress and the ef- 15 fects of instruction; 16 ‘‘(viii) uses strategies to enhance chil- 17 dren’s motivation to read and write and 18 children’s engagement in self-directed 19 learning; 20 ‘‘(ix) incorporates the principles of 21 universal design for learning; 22 ‘‘(x) depends on teachers’ collabora- 23 tion in planning, instruction, and assessing 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00518 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 519 •S 1094 IS a child’s progress and on continuous pro- 1 fessional learning; and 2 ‘‘(xi) links literacy instruction to the 3 State college and career ready academic 4 content standards under section 5 1111(a)(1), including the ability to navi- 6 gate, understand, and write about, complex 7 print and digital subject matter. 8 ‘‘(B) BIRTH THROUGH KINDERGARTEN.— 9 When used with respect to instruction for chil- 10 dren from birth to kindergarten entry, the term 11 ‘effective literacy instruction’ also includes— 12 ‘‘(i) developing such children’s alpha- 13 bet knowledge, reading aloud to children, 14 discussing reading and writing with chil- 15 dren, and modeling age and develop- 16 mentally appropriate reading and writing 17 strategies; and 18 ‘‘(ii) encouraging children’s early at- 19 tempts at oral communication, reading, 20 and writing. 21 ‘‘(C) KINDERGARTEN THROUGH GRADE 22 12.—When used with respect to the instruction 23 of children in kindergarten through grade 12, 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00519 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 520 •S 1094 IS the term ‘effective literacy instruction’ also in- 1 cludes— 2 ‘‘(i) providing systematic and inten- 3 sive interventions, which can be provided 4 inside or outside the classroom as well as 5 before, during, or after regular school 6 hours, to supplement regular instruction 7 for children reading below grade level; 8 ‘‘(ii) providing reading and writing 9 opportunities that build academic vocabu- 10 lary and knowledge of different text struc- 11 tures in core academic subjects; 12 ‘‘(iii) enabling children to write, com- 13 municate, and create knowledge, in ways 14 that fit purpose, audience, occasion, dis- 15 cipline, and format, including practice in— 16 ‘‘(I) adhering to language con- 17 ventions, including spelling, punctua- 18 tion, and grammar; 19 ‘‘(II) planning and revising to 20 improve clarity, coherence, logical de- 21 velopment, and language usage; and 22 ‘‘(III) writing individually and 23 collaboratively with feedback from in- 24 structors and peers; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00520 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 521 •S 1094 IS ‘‘(iv) cultivating shared responsibility 1 for children’s literacy learning by coordi- 2 nating writing tasks, instructional prac- 3 tices, and criteria for feedback across aca- 4 demic content areas. 5 ‘‘(7) ELIGIBLE ENTITY.—The term ‘eligible en- 6 tity’ means an entity— 7 ‘‘(A) that serves high-need children; and 8 ‘‘(B)(i) when used with respect to a 9 subgrant under section 4108, that consists of— 10 ‘‘(I) 1 or more local educational 11 agencies providing early learning pro- 12 grams that have a demonstrated 13 record of providing comprehensive lit- 14 eracy instruction for the age group 15 such agencies or programs propose to 16 serve; 17 ‘‘(II) 1 or more public or private 18 early learning programs, such as a 19 Head Start program, a child care pro- 20 gram, a State-funded prekindergarten 21 program, a public library program, or 22 a family literacy program, that have a 23 demonstrated record of providing 24 comprehensive literacy instruction for 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00521 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 522 •S 1094 IS the age group such programs propose 1 to serve; or 2 ‘‘(III) 1 or more local educational 3 agencies providing early learning pro- 4 grams, or 1 or more public or private 5 early learning programs, such as a 6 Head Start program, a child care pro- 7 gram, a State-funded prekindergarten 8 program, a public library program, or 9 a family literacy program, in partner- 10 ship with 1 or more public or private 11 nonprofit organizations or agencies 12 that have a demonstrated record of ef- 13 fectiveness— 14 ‘‘(aa) in improving the early 15 literacy development of children 16 from birth through kindergarten 17 entry; and 18 ‘‘(bb) in providing profes- 19 sional development aligned with 20 the activities described in section 21 4108(e)(1); or 22 ‘‘(ii) when used with respect to a 23 subgrant under section 4109— 24 ‘‘(I) that is— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00522 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 523 •S 1094 IS ‘‘(aa) a local educational 1 agency; 2 ‘‘(bb) a consortium of local 3 educational agencies; or 4 ‘‘(cc) a local educational 5 agency or consortium of local 6 educational agencies acting in 7 partnership with 1 or more public 8 or private nonprofit organizations 9 or agencies that have a dem- 10 onstrated record of effectiveness 11 in— 12 ‘‘(AA) improving lit- 13 eracy achievement of chil- 14 dren consistent with the 15 purposes of their participa- 16 tion from kindergarten 17 through grade 12; and 18 ‘‘(BB) providing profes- 19 sional development aligned 20 with the activities described 21 in subsection (b) and (c) of 22 section 4109; and 23 ‘‘(II)(aa) has the highest num- 24 bers or proportion of children who are 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00523 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 524 •S 1094 IS counted under section 1124(c), in 1 comparison to other local educational 2 agencies in the State; 3 ‘‘(bb) is among or consists of the 4 local educational agencies in the State 5 with the highest numbers or percent- 6 ages of children reading or writing 7 below grade level, based on the most 8 currently available State academic as- 9 sessment data under section 10 1111(a)(2); or 11 ‘‘(cc) has jurisdiction over a sig- 12 nificant number or percentage of 13 schools that are identified as persist- 14 ently low-achieving under section 15 1116(c)(2). 16 ‘‘(8) ENGLISH LANGUAGE ACQUISITION.— 17 ‘‘(A) IN GENERAL.—The term ‘English 18 language acquisition’ means the process by 19 which a non-native English speaker acquires 20 proficiency in speaking, listening, reading, and 21 writing the English language. 22 ‘‘(B) INCLUSIONS FOR ENGLISH LEARNERS 23 IN SCHOOL.—For an English learner in school, 24 such term includes not only the social language 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00524 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 525 •S 1094 IS proficiency needed to participate in the school 1 environment, but also the academic language 2 proficiency needed to acquire literacy and aca- 3 demic content and demonstrate the child’s 4 learning. 5 ‘‘(9) FAMILY LITERACY SERVICES.—The term 6 ‘family literacy services’ means literacy services pro- 7 vided to participants on a voluntary basis that are 8 of sufficient intensity and quality, that better enable 9 parents to support their children’s learning needs, 10 and that integrate— 11 ‘‘(A) interactive literacy activities between 12 or among family members who are primary 13 caregivers and their children, including family 14 literacy education to improve literacy of par- 15 ents; and 16 ‘‘(B) training for family members who are 17 primary caregivers regarding how to be the pri- 18 mary teacher for their children and full part- 19 ners in the education of their children. 20 ‘‘(10) FORMATIVE ASSESSMENT.—The term 21 ‘formative assessment’ means an assessment that— 22 ‘‘(A) is teacher-generated or selected by 23 teachers or instructional leaders for use during 24 learning; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00525 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 526 •S 1094 IS ‘‘(B) is embedded within the learning ac- 1 tivity and linked directly to the intended out- 2 comes of the current unit of instruction; and 3 ‘‘(C) provides feedback to help adjust on- 4 going teaching and learning to improve chil- 5 dren’s achievement of intended instructional 6 outcomes. 7 ‘‘(11) HIGH-QUALITY PROFESSIONAL DEVELOP- 8 MENT.—The term ‘high-quality professional develop- 9 ment’ means professional development that— 10 ‘‘(A) is job-embedded, ongoing, and based 11 on scientifically valid research; 12 ‘‘(B) is sustained, intensive, and class- 13 room-focused, and is not limited in scope to a 14 1-day or short-term workshop or conference; 15 ‘‘(C) is designed to increase the knowledge 16 and expertise of teachers, early childhood edu- 17 cators and administrators, principals, other in- 18 structional leaders, and other program staff in 19 applying— 20 ‘‘(i) effective literacy instruction; and 21 ‘‘(ii) instructional strategies and prac- 22 tices that are appropriate to the age, devel- 23 opment, and needs of children and improve 24 learning, including strategies and practices 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00526 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 527 •S 1094 IS consistent with the principles of universal 1 design for learning; 2 ‘‘(D) includes and supports teachers in ef- 3 fectively administering age and developmentally 4 appropriate assessments, and analyzing the re- 5 sults of these assessments for the purposes of 6 planning, monitoring, adapting, and improving 7 effective classroom instruction or teaching 8 strategies to improve child literacy; 9 ‘‘(E) includes instructional strategies uti- 10 lizing one-to-one, small group, and classroom- 11 based instructional materials and approaches 12 based on scientifically valid research on literacy; 13 ‘‘(F) provides ongoing instructional literacy 14 coaching— 15 ‘‘(i) to ensure high-quality implemen- 16 tation of comprehensive literacy instruction 17 that is— 18 ‘‘(I) content centered; 19 ‘‘(II) integrated across the cur- 20 riculum; 21 ‘‘(III) collaborative; and 22 ‘‘(IV) school, setting, and class- 23 room embedded; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00527 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 528 •S 1094 IS ‘‘(ii) that uses student data to im- 1 prove instruction; 2 ‘‘(G) includes and supports teachers in set- 3 ting high reading and writing achievement goals 4 for all children and provides the teachers with 5 the instructional tools and skills to help chil- 6 dren reach such goals; 7 ‘‘(H) for educators serving children in kin- 8 dergarten through grade 12— 9 ‘‘(i) supports effective literacy instruc- 10 tion through core academic subjects, and 11 through career and technical education 12 subjects where such career and technical 13 education subjects provide for the integra- 14 tion of core academic subjects; and 15 ‘‘(ii) includes explicit instruction in 16 discipline-specific thinking and how to read 17 and interpret discipline-specific text struc- 18 tures and features; 19 ‘‘(I) is differentiated for educators working 20 with children from birth through kindergarten 21 entry, children in kindergarten through grade 22 3, and children in grades 4 through 12, and, as 23 appropriate, based on the grade or needs of the 24 children; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00528 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 529 •S 1094 IS ‘‘(J) supports family literacy experiences 1 and practices, and educating parents, teachers, 2 and other caregivers about literacy development 3 and child literacy development. 4 ‘‘(12) INSTRUCTIONAL LEADER.—The term ‘in- 5 structional leader’ means an individual who— 6 ‘‘(A) is an employee or officer of a school; 7 and 8 ‘‘(B) is responsible for— 9 ‘‘(i) the school’s performance; and 10 ‘‘(ii) the daily instructional and mana- 11 gerial operations of the school. 12 ‘‘(13) LITERACY COACH.—The term ‘literacy 13 coach’ means a professional— 14 ‘‘(A) who has— 15 ‘‘(i) previous teaching experience; 16 ‘‘(ii) demonstrated abilities in working 17 with adult learners; and 18 ‘‘(iii)(I) a master’s degree with a con- 19 centration in reading and writing edu- 20 cation or demonstrated proficiency in 21 teaching reading or writing in a core aca- 22 demic subject consistent with effective lit- 23 eracy instruction; or 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00529 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 530 •S 1094 IS ‘‘(II) in the case of a literacy coach 1 for children from birth through kinder- 2 garten entry, a concentration, credential, 3 or significant experience in child develop- 4 ment and early literacy development; 5 ‘‘(B) who supports teachers to— 6 ‘‘(i) apply research on how children 7 become successful readers, writers, and 8 communicators; 9 ‘‘(ii) apply multiple forms of assess- 10 ment to guide instructional decisionmaking 11 and use data to improve literacy instruc- 12 tion; 13 ‘‘(iii) improve children’s writing and 14 reading in and across content areas such 15 as mathematics, science, social studies, and 16 language arts; 17 ‘‘(iv) develop and implement differen- 18 tiated instruction and teaching approaches 19 to serve the needs of the full range of 20 learners, including English learners and 21 children with disabilities; 22 ‘‘(v) apply principles of universal de- 23 sign for learning; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00530 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 531 •S 1094 IS ‘‘(vi) employ best practices in engag- 1 ing principals, early learning program edu- 2 cators and administrators, teachers, and 3 other relevant professionals to create 4 school cultures that encourage and support 5 literacy development and achievement; and 6 ‘‘(vii) set for children birth through 7 kindergarten developmentally appropriate 8 expectations for language and literacy de- 9 velopment, and high reading and writing 10 achievement goals for all children and se- 11 lect, acquire, and use instructional tools 12 and skills to help children reach such 13 goals; and 14 ‘‘(C) whose role with teachers and profes- 15 sionals supporting literacy instruction is— 16 ‘‘(i) to provide high-quality profes- 17 sional development, consistent with the 18 definition of comprehensive literacy in- 19 struction; 20 ‘‘(ii) to work cooperatively and col- 21 laboratively with principals, teachers, and 22 other professionals in employing strategies 23 to help teachers identify and support child 24 literacy and language development needs 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00531 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 532 •S 1094 IS and teach literacy across the content areas 1 and developmental domains; and 2 ‘‘(iii) to work cooperatively and col- 3 laboratively with other professionals in em- 4 ploying strategies to help teachers teach 5 literacy across the content areas so that 6 the teachers can meet the needs of all chil- 7 dren, including children with disabilities, 8 English learners, and children who are 9 reading at or above grade level. 10 ‘‘(14) LOCAL EDUCATIONAL AGENCY.—The 11 term ‘local educational agency’— 12 ‘‘(A) has the meaning given the term in 13 section 9101; and 14 ‘‘(B) includes any public charter school 15 that constitutes a local educational agency 16 under State law. 17 ‘‘(15) READING.—The term ‘reading’ means a 18 complex system of deriving meaning from print that 19 is developmentally appropriate, that requires all of 20 the following: 21 ‘‘(A) The skills and knowledge to under- 22 stand how phonemes, or speech sounds, are 23 connected to print. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00532 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 533 •S 1094 IS ‘‘(B) The ability to read with comprehen- 1 sion. 2 ‘‘(C) The ability to decode unfamiliar 3 words with fluency. 4 ‘‘(D) The use of background knowledge 5 and vocabulary to make meaning from a text. 6 ‘‘(E) The development and use of appro- 7 priate active strategies to interpret and con- 8 struct meaning from print. 9 ‘‘(F) The development and maintenance of 10 a motivation to read. 11 ‘‘(16) SCIENTIFICALLY VALID RESEARCH.—The 12 term ‘scientifically valid research’ has the meaning 13 given the term in section 200 of the Higher Edu- 14 cation Act of 1965 (20 U.S.C. 1021). 15 ‘‘(17) SCREENING ASSESSMENT.—The term 16 ‘screening assessment’ means an assessment that 17 is— 18 ‘‘(A) valid, reliable, and based on scientif- 19 ically based reading research; and 20 ‘‘(B) a brief procedure designed as a first 21 step in identifying children who may be at high 22 risk for delayed development or academic fail- 23 ure and in need of further diagnosis of their 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00533 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 534 •S 1094 IS need for special services or additional reading 1 instruction. 2 ‘‘(18) STATE.—The term ‘State’ means each of 3 the 50 States, the District of Columbia, and the 4 Commonwealth of Puerto Rico. 5 ‘‘(19) STATE LITERACY LEADERSHIP TEAM.— 6 ‘‘(A) IN GENERAL.—The term ‘State lit- 7 eracy leadership team’ means a team that— 8 ‘‘(i) is appointed and coordinated by 9 the State educational agency; 10 ‘‘(ii) assumes the responsibility to 11 guide the improvement or development and 12 implementation of a statewide, comprehen- 13 sive literacy plan; 14 ‘‘(iii) shall include, at a minimum— 15 ‘‘(I) a school principal with lit- 16 eracy expertise; 17 ‘‘(II) a teacher with literacy ex- 18 pertise; 19 ‘‘(III) a teacher or administrator 20 with expertise in special education; 21 ‘‘(IV) a teacher or administrator 22 with expertise in teaching the English 23 language to English learners; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00534 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 535 •S 1094 IS ‘‘(V) a representative from the 1 State educational agency who oversees 2 literacy initiatives; and 3 ‘‘(VI) a representative from high- 4 er education who is actively involved 5 in research, development, or teacher 6 preparation in comprehensive literacy 7 instruction and intervention based on 8 scientifically valid research; 9 ‘‘(iv) may include— 10 ‘‘(I) a literacy specialist serving 11 in a school district within the State; 12 ‘‘(II) a literacy coach; 13 ‘‘(III) a librarian; 14 ‘‘(IV) a representative with fam- 15 ily literacy expertise; 16 ‘‘(V) a representative from a 17 State child-serving agency with exper- 18 tise in comprehensive language and 19 literacy instruction and strategies; 20 ‘‘(VI) a school counselor; 21 ‘‘(VII) a teacher of a core aca- 22 demic subject; 23 ‘‘(VIII) a special education ad- 24 ministrator; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00535 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 536 •S 1094 IS ‘‘(IX) a professor from a 4-year 1 institution of higher education; 2 ‘‘(X) a parent; 3 ‘‘(XI) a business leader; 4 ‘‘(XII) the Governor or a dele- 5 gated representative of the Governor; 6 ‘‘(XIII) a representative from the 7 State board of education; 8 ‘‘(XIV) a representative from the 9 State legislature; 10 ‘‘(XV) a representative of a non- 11 profit and community-based organiza- 12 tion providing comprehensive literacy 13 instruction and support; and 14 ‘‘(XVI) a representative from a 15 school district superintendent’s office; 16 and 17 ‘‘(v) shall include, among the individ- 18 uals selected to be members of the council 19 pursuant to clauses (iii) and (iv), not less 20 than 5 individuals who have literacy exper- 21 tise in 1 of each of the areas of— 22 ‘‘(I) birth through kindergarten 23 entry, such as the State Head Start 24 collaboration director; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00536 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 537 •S 1094 IS ‘‘(II) kindergarten entry through 1 grade 3; 2 ‘‘(III) grades 4 through 12; 3 ‘‘(IV) English learners; and 4 ‘‘(V) special education. 5 ‘‘(B) INCLUSION OF A PREEXISTING PART- 6 NERSHIP.—If, before the date of enactment of 7 the Strengthening America’s Schools Act of 8 2013, a State educational agency established a 9 consortium, partnership, or any other similar 10 body that was considered a literacy partnership 11 for purposes of subpart 1 or 2 of part B of title 12 I (as such title was in effect on such date) and 13 that includes the individuals required under 14 clauses (iii) and (v) of subparagraph (A), such 15 consortium, partnership, or body may be con- 16 sidered a State literacy leadership team for pur- 17 poses of subparagraph (A). 18 ‘‘(20) SUMMATIVE ASSESSMENT.—The term 19 ‘summative assessment’ means an assessment that— 20 ‘‘(A) is valid, reliable, and based on sci- 21 entifically valid research on literacy and English 22 language acquisition; and 23 ‘‘(B) for children from birth through kin- 24 dergarten entry, measures how young children 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00537 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 538 •S 1094 IS have progressed over time relative to develop- 1 mental norms, and for children in kindergarten 2 through grade 12, measures what children have 3 learned over time, relative to academic content 4 standards. 5 ‘‘(21) WRITING.—The term ‘writing’ means— 6 ‘‘(A) composing meaning in print or 7 through other media, including technologies, to 8 communicate and to create new knowledge in 9 ways appropriate to the context of the writing 10 and the literacy development stage of the writ- 11 er; 12 ‘‘(B) composing ideas individually and col- 13 laboratively in ways that are appropriate for a 14 variety of purposes, audiences, and occasions; 15 ‘‘(C) choosing vocabulary, tone, genre, and 16 conventions, such as spelling and punctuation, 17 suitable to the purpose, audience, and occasion; 18 and 19 ‘‘(D) revising compositions for clarity of 20 ideas, coherence, logical development, and preci- 21 sion of language use. 22 ‘‘SEC. 4104. PROGRAM AUTHORIZED. 23 ‘‘(a) RESERVATIONS AND AWARDS TO STATE EDU- 24 CATIONAL AGENCIES.— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00538 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 539 •S 1094 IS ‘‘(1) IN GENERAL.—From the amounts appro- 1 priated to carry out this part for a fiscal year, the 2 Secretary shall— 3 ‘‘(A) reserve not more than a total of 4 4 percent of such amounts for dissemination of 5 information and technical assistance under sec- 6 tion 4110; 7 ‘‘(B) reserve not more than 5 percent of 8 such amounts to award planning grants, on a 9 competitive basis, to State educational agencies 10 serving States, in accordance with section 4105; 11 ‘‘(C) in the case of a fiscal year for which 12 the amounts to carry out this part are less than 13 $500,000,000, use the amount not reserved 14 under subparagraphs (A) and (B) to make 15 awards, on a competitive basis, to State edu- 16 cational agencies serving States that have appli- 17 cations approved under section 4106 to enable 18 the State educational agencies to carry out the 19 activities described in section 4106(a); and 20 ‘‘(D) in the case of a fiscal year for which 21 the amounts appropriated to carry out this part 22 are equal to or exceeding $500,000,000— 23 ‘‘(i) reserve a total of 1 percent of 24 such amount for— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00539 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 540 •S 1094 IS ‘‘(I) allotments for the United 1 States Virgin Islands, Guam, Amer- 2 ican Samoa, and the Commonwealth 3 of the Northern Mariana Islands, to 4 be distributed among such outlying 5 areas on the basis of their relative 6 need, as determined by the Secretary 7 in accordance with the purposes of 8 this part; and 9 ‘‘(II) the Secretary of the Inte- 10 rior for programs under sections 4105 11 through 4109 in schools operated or 12 funded by the Bureau of Indian Edu- 13 cation; and 14 ‘‘(ii) use the amount not reserved 15 under clause (i) and subparagraphs (A) 16 and (B) to make awards, as described in 17 paragraph (2), to State educational agen- 18 cies serving States that have applications 19 approved under section 4106 to enable the 20 State educational agencies to carry out the 21 activities described in section 4106(a). 22 ‘‘(2) SPECIAL RULES FOR YEARS WITH FUNDS 23 EQUAL OR EXCEEDING $500,000,000.— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00540 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 541 •S 1094 IS ‘‘(A) PROPORTIONAL DIVISION.—In each 1 fiscal year described in paragraph (1)(D), the 2 amount reserved under paragraph (1)(D)(i) 3 shall be divided between the uses described in 4 subclauses (I) and (II) of such paragraph in the 5 same proportion as the amount reserved under 6 section 1121(a) is divided between the uses de- 7 scribed in paragraphs (1) and (2) of such sec- 8 tion for such fiscal year. 9 ‘‘(B) CONSULTATION.—A State edu- 10 cational agency that receives an allotment 11 under paragraph (1)(D)(ii) shall engage in 12 timely and meaningful consultation with rep- 13 resentatives of Indian tribes located in the 14 State in order to improve the coordination and 15 quality of activities designed to develop effective 16 approaches to achieve the purposes of this part 17 consistent with the cultural, language, and edu- 18 cational needs of Indian children. 19 ‘‘(C) STATE ALLOTMENT FORMULA.—The 20 Secretary shall allot the amount made available 21 under paragraph (1)(D)(ii) for a fiscal year 22 among the States in proportion to the number 23 of children, from birth through age 17, who re- 24 side within the State and are from families with 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00541 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 542 •S 1094 IS incomes below the poverty line for the most re- 1 cent fiscal year for which satisfactory data are 2 available, compared to the number of such chil- 3 dren who reside in all States for that fiscal 4 year. 5 ‘‘(3) MINIMUM AWARD AMOUNT.—No State 6 educational agency receiving an award under this 7 section for a fiscal year may receive less than one- 8 fourth of 1 percent of the total amount appropriated 9 to carry out this part for the fiscal year. 10 ‘‘(4) PUERTO RICO.—The amount allotted 11 under paragraph (1)(C) to the Commonwealth of 12 Puerto Rico for a fiscal year may not exceed one- 13 fourth of 1 percent of the total amount appropriated 14 to carry out this part for such fiscal year. 15 ‘‘(b) PEER REVIEW.— 16 ‘‘(1) IN GENERAL.—The Secretary shall con- 17 vene a peer review panel to evaluate the applications 18 to carry out section 4105 or 4106 using the evalua- 19 tion criteria described in paragraph (2). 20 ‘‘(2) DEVELOPMENT OF EVALUATION CRI- 21 TERIA.—The Secretary shall report to the author- 22 izing committees regarding the peer review process 23 and evaluation criteria that shall be used to evaluate 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00542 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 543 •S 1094 IS the grant applications to carry out sections 4105 1 and 4106. 2 ‘‘(3) MEMBERSHIP.— 3 ‘‘(A) COMPOSITION.—A peer review panel 4 convened under paragraph (1) shall be com- 5 posed of not less than 9 members, of whom— 6 ‘‘(i) 3 shall be appointed by the Sec- 7 retary; 8 ‘‘(ii) 3 shall be appointed by the Sec- 9 retary from among individuals— 10 ‘‘(I) recommended by the Chair- 11 man of the National Research Council 12 of the National Academy of Sciences; 13 and 14 ‘‘(II) with expertise in com- 15 prehensive language and literacy in- 16 struction and strategies; and 17 ‘‘(iii) 3 shall be appointed by the Sec- 18 retary from among individuals— 19 ‘‘(I) recommended by the Direc- 20 tor of the National Institute of Child 21 Health and Human Development; and 22 ‘‘(II) with expertise concerning 23 literacy development in children from 24 birth through grade 12. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00543 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 544 •S 1094 IS ‘‘(B) COMPETENCY AND EXPERTISE.—The 1 peer review panel convened under paragraph (1) 2 may include— 3 ‘‘(i) classroom teachers with expertise 4 in literacy, and literacy coaches, includ- 5 ing— 6 ‘‘(I) special education teachers; 7 ‘‘(II) teachers of children who are 8 English learners; and 9 ‘‘(III) early childhood educators; 10 ‘‘(ii) experts who provide high-quality 11 professional development to teachers and 12 other instructional staff to support chil- 13 dren’s literacy development; 14 ‘‘(iii) experts in the screening assess- 15 ment, diagnostic assessment, and other as- 16 sessment of children’s literacy develop- 17 ment; and 18 ‘‘(iv) experts in comprehensive literacy 19 instruction and strategies in reading and 20 writing, language development, and 21 English language acquisition, as appro- 22 priate, including reading and writing in 23 core academic subjects. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00544 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 545 •S 1094 IS ‘‘(4) DISTRIBUTION OF RECOMMENDATIONS.— 1 Not later than 120 days after a peer review panel 2 submits to the Secretary the panel’s recommenda- 3 tion regarding an application by a State educational 4 agency for a grant under section 4105 or 4106, the 5 Secretary shall notify the State educational agency 6 that the application has been approved or dis- 7 approved and shall provide to such State educational 8 agency a copy of the peer review panel’s rec- 9 ommendation. 10 ‘‘(c) CONFLICTS OF INTEREST.— 11 ‘‘(1) PEER REVIEW PANELS.—The Secretary 12 shall ensure that each member of a peer review 13 panel described in subsection (b) does not stand to 14 benefit financially from a grant or subgrant awarded 15 under this part. 16 ‘‘(2) STATE LITERACY LEADERSHIP TEAMS.— 17 Each State educational agency that receives funding 18 under this part shall ensure that each member of a 19 State literacy leadership team participating in a pro- 20 gram or activity assisted under this part does not 21 stand to benefit financially from a grant or subgrant 22 awarded under this part. 23 ‘‘(d) SUPPLEMENT NOT SUPPLANT.—Award funds 24 provided under this part shall supplement, and not sup- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00545 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 546 •S 1094 IS plant, non-Federal funds that would, in the absence of 1 such award funds, be made available for literacy instruc- 2 tion and support of children participating in programs as- 3 sisted under this part. 4 ‘‘(e) MAINTENANCE OF EFFORT.—Each State edu- 5 cational agency that receives a grant or allotment under 6 this section, and each eligible entity that receives a 7 subgrant under section 4108 or 4109, shall maintain for 8 the fiscal year for which the grant or subgrant is received 9 and for each subsequent fiscal year the expenditures of 10 the State educational agency or eligible entity, respec- 11 tively, for literacy instruction at a level not less than the 12 level of such expenditures maintained by the State edu- 13 cational agency or eligible entity, respectively, for the fis- 14 cal year preceding such fiscal year for which the grant 15 or subgrant is received. 16 ‘‘SEC. 4105. STATE PLANNING GRANTS. 17 ‘‘(a) PLANNING GRANTS AUTHORIZED.— 18 ‘‘(1) IN GENERAL.—From amounts made avail- 19 able under section 4104(a)(1)(B), the Secretary may 20 award planning grants to State educational agencies 21 to enable the State educational agencies to complete 22 comprehensive planning to carry out activities that 23 improve literacy for children from birth through 24 grade 12. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00546 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 547 •S 1094 IS ‘‘(2) GRANT PERIOD.—A planning grant award- 1 ed under this section shall be for a period of not 2 more than 1 year. 3 ‘‘(3) NONRENEWABILITY.—The Secretary shall 4 not award a State educational agency more than 1 5 planning grant under this section. 6 ‘‘(b) APPLICATION.— 7 ‘‘(1) IN GENERAL.—Each State educational 8 agency desiring a planning grant under this section 9 shall submit an application to the Secretary at such 10 time, in such manner, and accompanied by such in- 11 formation as the Secretary may require. 12 ‘‘(2) CONTENTS.—Each application submitted 13 under this subsection shall, at a minimum, include 14 a description of how the State educational agency 15 will develop a plan for improving State efforts to de- 16 velop, coordinate, implement, and assess comprehen- 17 sive literacy activities that ensure high-quality in- 18 struction and effective strategies in reading and 19 writing for all children in early learning programs 20 and kindergarten through grade 12 programs. Such 21 plan shall— 22 ‘‘(A) describe the activities for which as- 23 sistance under this section is sought, dem- 24 onstrating a particular focus on children who 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00547 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 548 •S 1094 IS are reading or writing below grade level and 1 children whose early literacy skills are below the 2 appropriate age or developmental level; 3 ‘‘(B) provide a budget for the use of the 4 planning grant funds to complete the required 5 activities described in subsection (c); 6 ‘‘(C) include an analysis of data on child 7 literacy and language and student academic 8 achievement in reading to identify and establish 9 baseline and benchmark levels against which to 10 monitor child progress and improvement in lit- 11 eracy; and 12 ‘‘(D) provide an assurance that all State 13 agencies responsible for administering early 14 learning programs and services (including the 15 State Head Start Collaboration Office and the 16 State agency responsible for administering child 17 care) and the State Advisory Council on Early 18 Childhood Education and Care collaborated 19 with the State educational agency to write the 20 early learning portion of the grant application 21 submitted under this subsection. 22 ‘‘(3) APPROVAL OF APPLICATIONS.—The Sec- 23 retary shall evaluate applications under this sub- 24 section based on the quality of the response of the 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00548 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 549 •S 1094 IS applications to the requirements under this sub- 1 section. 2 ‘‘(c) REQUIRED ACTIVITIES.—A State educational 3 agency receiving planning grant funds under this section 4 shall carry out each of the following activities: 5 ‘‘(1) Reviewing reading, writing, or other lan- 6 guage and literacy resources and programs, such as 7 school library programs, and data across the State 8 to identify any literacy needs and gaps in the State. 9 ‘‘(2) Forming or designating a State literacy 10 leadership team which shall execute the following 11 functions: 12 ‘‘(A) Creating a comprehensive State lit- 13 eracy plan that— 14 ‘‘(i) is designed to improve language 15 development, reading, writing, and aca- 16 demic achievement for children, especially 17 children reading below grade level and chil- 18 dren whose literacy skills are below the ap- 19 propriate age or developmental level; 20 ‘‘(ii) includes— 21 ‘‘(I) a needs assessment and an 22 implementation plan, including an 23 analysis of data on child literacy and 24 student academic achievement in 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00549 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 550 •S 1094 IS reading to identify baseline and 1 benchmark levels of literacy and early 2 literacy skills in order to monitor 3 progress and improvement; and 4 ‘‘(II) a plan to improve reading 5 achievement among all children; 6 ‘‘(iii) ensures high-quality instruction, 7 consistent with the characteristics of effec- 8 tive literacy instruction and strategies, in 9 early learning programs and kindergarten 10 through grade 12 programs; and 11 ‘‘(iv) provides for activities designed 12 to improve literacy achievement for chil- 13 dren who read or write below grade level, 14 including such children who— 15 ‘‘(I) attend schools that are iden- 16 tified under section 1116(c)(2); or 17 ‘‘(II) are counted under section 18 1124(c); 19 ‘‘(B) Providing recommendations to guide 20 the State educational agency in the State edu- 21 cational agency’s process of strengthening State 22 literacy standards and embedding State literacy 23 standards with the State’s college and career 24 ready academic content standards and college 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00550 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 551 •S 1094 IS and career ready student academic achievement 1 standards, and early learning and development 2 standards. 3 ‘‘(C) Providing recommendations to guide 4 the State educational agency in the State edu- 5 cational agency’s process of measuring, assess- 6 ing, and monitoring progress in literacy at the 7 school, local educational agency, and State lev- 8 els. 9 ‘‘(D) Identifying criteria for high-quality 10 professional development providers, which pro- 11 viders may include qualified teachers within the 12 State, for the State educational agency and 13 local educational agencies. 14 ‘‘(E) Advising the State educational agen- 15 cy on how to help ensure that local educational 16 agencies and schools provide timely and appro- 17 priate data to teachers to inform and improve 18 instruction. 19 ‘‘(F) Providing recommendations to guide 20 the State educational agency in the State edu- 21 cational agency’s planning process of building 22 educators’ capacity to provide high-quality com- 23 prehensive literacy instruction. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00551 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 552 •S 1094 IS ‘‘SEC. 4106. STATE IMPLEMENTATION GRANTS. 1 ‘‘(a) IMPLEMENTATION GRANTS AUTHORIZED.— 2 ‘‘(1) IN GENERAL.—From amounts made avail- 3 able under subparagraphs (C) or (D)(ii) of section 4 4104(a)(1) (as applicable), the Secretary shall award 5 implementation grants to State educational agencies 6 to enable the State educational agencies— 7 ‘‘(A) to implement the comprehensive lit- 8 eracy plan that meets the criteria in section 9 4105(c)(2)(A) for early learning programs and 10 kindergarten through grade 12 programs; 11 ‘‘(B) to carry out State activities under 12 section 4107; and 13 ‘‘(C) to award subgrants under sections 14 4108 and 4109. 15 ‘‘(2) LIMITATION.—The Secretary shall not 16 award an implementation grant under this section to 17 a State for any year for which the State has received 18 a planning grant under section 4105. 19 ‘‘(3) DURATION OF GRANTS.—An implementa- 20 tion grant under this section shall be awarded for a 21 period of not more than 5 years. 22 ‘‘(4) RENEWALS.— 23 ‘‘(A) IN GENERAL.—The Secretary may 24 renew a grant under this section for a period of 25 not more than 2 years. 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00552 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 553 •S 1094 IS ‘‘(B) CONDITIONS.—In order to be eligible 1 to have an implementation grant renewed under 2 this paragraph, the State educational agency 3 shall demonstrate to the satisfaction of the Sec- 4 retary that, during the project period— 5 ‘‘(i) with respect to children from 6 birth through kindergarten entry, the State 7 educational agency has collaborated with 8 the State agencies that oversee child care 9 and other early learning programs, and 10 has collaborated with the State Advisory 11 Council on Early Childhood Education and 12 Care, to comply with the terms of the 13 grant, including using the funds— 14 ‘‘(I) to increase access to high- 15 quality professional development; 16 ‘‘(II) for developmentally appro- 17 priate curricula and teaching mate- 18 rials; and 19 ‘‘(III) for developmentally appro- 20 priate classroom-based instructional 21 assessments and developmentally ap- 22 propriate screening assessments and 23 diagnostic assessments; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00553 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 554 •S 1094 IS ‘‘(ii) with respect to children in kin- 1 dergarten through grade 12, demonstrates 2 that there has been significant progress in 3 student academic achievement, as meas- 4 ured by appropriate assessments, including 5 the assessments included in the State ac- 6 countability system under section 7 1111(a)(3)(A). 8 ‘‘(b) STATE APPLICATIONS.— 9 ‘‘(1) IN GENERAL.—A State educational agency 10 that desires to receive an implementation grant 11 under this section shall submit an application to the 12 Secretary at such time, in such manner, and con- 13 taining such information as the Secretary may re- 14 quire. The State educational agency shall collaborate 15 with the State agency responsible for administering 16 early learning programs and the State agency re- 17 sponsible for administering child care programs in 18 the State in writing and implementing the early 19 learning portion of the grant application under this 20 subsection. 21 ‘‘(2) CONTENTS.—An application described in 22 paragraph (1) shall include the following: 23 ‘‘(A) A description of the members of the 24 State literacy leadership team and a description 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00554 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 555 •S 1094 IS of how the State educational agency has devel- 1 oped a comprehensive State literacy plan, con- 2 sistent with the requirements of section 3 4105(c)(2)(A). 4 ‘‘(B) An implementation plan that includes 5 a description of how the State educational agen- 6 cy will— 7 ‘‘(i) carry out the State activities de- 8 scribed in section 4107; 9 ‘‘(ii) assist eligible entities with— 10 ‘‘(I) providing strategic and in- 11 tensive comprehensive literacy instruc- 12 tion based on scientifically valid re- 13 search for children who are reading 14 and writing below grade level, includ- 15 ing through— 16 ‘‘(aa) the use of multitiered 17 systems of support; and 18 ‘‘(bb) addressing the literacy 19 needs of children with disabilities 20 or developmental delays and 21 English learners in programs 22 serving children from birth 23 through grade 12; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00555 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 556 •S 1094 IS ‘‘(II) providing training to par- 1 ents, as appropriate, so that the par- 2 ents can participate in the literacy re- 3 lated activities described in sections 4 4108 and 4109 to assist in the lan- 5 guage and literacy development of 6 their children; 7 ‘‘(III) selecting and using read- 8 ing and writing assessments; 9 ‘‘(IV) providing classroom-based 10 instruction that is supported by one- 11 to-one and small group work; 12 ‘‘(V) using curricular materials 13 and instructional tools, which may in- 14 clude technology, to improve instruc- 15 tion and literacy achievement; 16 ‘‘(VI) providing for high-quality 17 professional development; and 18 ‘‘(VII) using the principles of 19 universal design for learning; 20 ‘‘(iii) ensure that local educational 21 agencies in the State have leveraged and 22 are effectively leveraging the resources 23 needed to implement effective comprehen- 24 sive literacy instruction, and have the ca- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00556 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 557 •S 1094 IS pacity to implement literacy initiatives ef- 1 fectively; and 2 ‘‘(iv) continually coordinate and align 3 the activities assisted under this part with 4 reading, writing, and other literacy re- 5 sources and programs across the State and 6 locally that serve children and their fami- 7 lies and promote comprehensive literacy in- 8 struction and learning, including strength- 9 ening partnerships among schools, librar- 10 ies, local youth-serving agencies, and pro- 11 grams, in order to improve literacy for all 12 children. 13 ‘‘(C) A description of the key data metrics, 14 and the performance targets for such metrics, 15 that will be used and reported annually under 16 section 4111(b)(1), which shall include— 17 ‘‘(i) metrics established consistent 18 with section 1111(a)(3)(A), for children in 19 grades 3 through 12; and 20 ‘‘(ii) the relevant program metrics and 21 performance targets that the State shall 22 use to monitor the implementation of its 23 plan under section 4111. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00557 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 558 •S 1094 IS ‘‘(D) An assurance that the State edu- 1 cational agency, and any eligible entity receiv- 2 ing a subgrant from the State educational agen- 3 cy under section 4108 or 4109, will, if re- 4 quested, participate in the national evaluation 5 under section 4110. 6 ‘‘(E) An assurance that the State edu- 7 cational agency will use implementation grant 8 funds for literacy programs as follows: 9 ‘‘(i) Not less than 10 percent of such 10 grant funds shall be used for State and 11 local programs and activities pertaining to 12 children from birth through kindergarten 13 entry. 14 ‘‘(ii) Not less than 30 percent of such 15 grant funds shall be used for State and 16 local programs and activities, allocated eq- 17 uitably among the grades of kindergarten 18 through grade 5. 19 ‘‘(iii) Not less than 30 percent of such 20 grant funds shall be used for State and 21 local programs and activities, allocated eq- 22 uitably among grades 6 through 12. 23 ‘‘(iv) Not more than 10 percent of 24 such implementation grant funds shall be 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00558 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 559 •S 1094 IS used for the State activities described in 1 section 4107. 2 ‘‘(F) An assurance that the State edu- 3 cational agency shall give priority to awarding 4 a subgrant to an eligible entity— 5 ‘‘(i) under section 4108 based on the 6 number or percentage of children younger 7 than the age of kindergarten entry who 8 are— 9 ‘‘(I) served by the eligible entity; 10 and 11 ‘‘(II) from families with income 12 levels below the poverty line; and 13 ‘‘(ii) under section 4109 based on— 14 ‘‘(I) the number or percentage of 15 children from birth through age 17 16 who are— 17 ‘‘(aa) served by the eligible 18 entity; and 19 ‘‘(bb) from families with in- 20 come levels below the poverty 21 line; and 22 ‘‘(II) the number or percentage 23 of children in kindergarten through 24 grade 12 served by the eligible entity 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00559 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 560 •S 1094 IS who are reading and writing below 1 grade level according to State assess- 2 ments. 3 ‘‘(c) APPROVAL OF APPLICATIONS.— 4 ‘‘(1) IN GENERAL.—The Secretary shall evalu- 5 ate State educational agency applications under sub- 6 section (b) based on the quality of the response of 7 the applications to the application requirements 8 under such subsection. 9 ‘‘(2) PEER REVIEW.—The Secretary shall con- 10 vene a peer review panel in accordance with section 11 4104(b) to evaluate applications for each implemen- 12 tation grant awarded to a State educational agency 13 under this section. 14 ‘‘(3) EARLY LEARNING.—In order for a State 15 educational agency’s application under this section 16 to be approved by the Secretary, the application 17 shall contain an assurance that the State agencies 18 responsible for administering early learning pro- 19 grams and services, including the State agency re- 20 sponsible for administering child care programs, in- 21 cluding, as applicable, the State Advisory Council on 22 Early Childhood Education and Care, approve of 23 and will be extensively consulted in the implementa- 24 tion of activities consistent with section 4108, with 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00560 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 561 •S 1094 IS respect to the early learning portion of the applica- 1 tion. 2 ‘‘SEC. 4107. STATE ACTIVITIES. 3 ‘‘(a) REQUIRED ACTIVITIES.—A State educational 4 agency shall use the implementation grant funds described 5 in section 4106(b)(2)(E)(iv) to carry out the activities pro- 6 posed in a State’s implementation plan under section 7 4106(b)(2)(B), including the following activities: 8 ‘‘(1) In consultation with the State literacy 9 leadership team, providing technical assistance, or 10 engaging qualified providers to provide technical as- 11 sistance, to eligible entities to enable the eligible en- 12 tities to design and implement literacy programs 13 under section 4108 or 4109. 14 ‘‘(2) Consulting with the State literacy leader- 15 ship team and coordinating with institutions of high- 16 er education in the State— 17 ‘‘(A) in order to provide recommendations 18 to strengthen and enhance preservice courses 19 for students preparing, at institutions of higher 20 education in the State, to teach children from 21 birth through grade 12 in explicit, systematic, 22 and intensive instruction in evidence-based lit- 23 eracy methods; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00561 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 562 •S 1094 IS ‘‘(B) by following up on reviews completed 1 by the State literacy leadership team with rec- 2 ommendations to ensure that such institutions 3 offer courses that meet the highest standards. 4 ‘‘(3) Reviewing and updating, in collaboration 5 with teachers, statewide educational and professional 6 organizations representing teachers, and statewide 7 educational and professional organizations rep- 8 resenting institutions of higher education, State li- 9 censure or certification standards in the area of lit- 10 eracy instruction in early education through grade 11 12. 12 ‘‘(4) Making publicly available, including on the 13 State educational agency’s website, information on 14 promising instructional practices to improve child lit- 15 eracy achievement. 16 ‘‘(b) PERMISSIVE ACTIVITIES.—After carrying out 17 the activities described in subsection (a), a State edu- 18 cational agency may use remaining implementation grant 19 funds described in section 4106(b)(2)(E)(iv) to carry out 20 1 or more of the following activities: 21 ‘‘(1) Training the personnel of eligible entities 22 to use data systems to improve child literacy learn- 23 ing. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00562 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 563 •S 1094 IS ‘‘(2) Developing literacy coach training pro- 1 grams and training literacy coaches. 2 ‘‘(3) Building public support among local edu- 3 cational agency personnel, early learning programs, 4 and the community for comprehensive literacy in- 5 struction for children from birth through grade 12. 6 ‘‘(4) Administration and evaluation of activities 7 carried out under this part. 8 ‘‘SEC. 4108. SUBGRANTS TO ELIGIBLE ENTITIES IN SUP- 9 PORT OF BIRTH THROUGH KINDERGARTEN 10 ENTRY LITERACY. 11 ‘‘(a) SUBGRANTS.— 12 ‘‘(1) IN GENERAL.—A State educational agen- 13 cy, in consultation with the State agencies respon- 14 sible for administering early learning programs and 15 services, including the State agency responsible for 16 administering child care programs, including, as ap- 17 plicable, the State Advisory Council on Early Child- 18 hood Education and Care, shall use a portion of im- 19 plementation grant funds provided under subpara- 20 graph (C) or (D)(ii) of section 4104(a)(1) to award 21 subgrants, on a competitive basis, to eligible entities 22 to enable the eligible entities to support high-quality 23 early literacy initiatives for children from birth 24 through kindergarten entry. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00563 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 564 •S 1094 IS ‘‘(2) DURATION.—The term of a subgrant 1 under this section shall be determined by the State 2 educational agency awarding the subgrant. 3 ‘‘(b) SUFFICIENT SIZE AND SCOPE.—Each subgrant 4 awarded under this section shall be of sufficient size and 5 scope to allow the eligible entity to carry out high-quality 6 early literacy initiatives for children from birth through 7 kindergarten entry. 8 ‘‘(c) LOCAL APPLICATIONS.—An eligible entity desir- 9 ing to receive a subgrant under this section shall submit 10 an application to the State educational agency, at such 11 time, in such manner, and containing such information as 12 the State educational agency may require. Such applica- 13 tion shall include a description of— 14 ‘‘(1) how the subgrant funds will be used to en- 15 hance the language and literacy development and 16 school readiness of children, from birth through kin- 17 dergarten entry, in early learning programs, which 18 shall include an analysis of data that support the 19 proposed use of subgrant funds; 20 ‘‘(2) the programs that the eligible entity pro- 21 poses to assist under the subgrant, including demo- 22 graphic and socioeconomic information on the chil- 23 dren enrolled in the programs; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00564 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 565 •S 1094 IS ‘‘(3) a budget for the eligible entity that 1 projects the cost of developing and implementing lit- 2 eracy initiatives to carry out the activities described 3 in subsection (e); 4 ‘‘(4) how, if the eligible entity is requesting a 5 planning period, which shall not exceed 1 year, the 6 eligible entity will use that planning period to pre- 7 pare for successful implementation of a plan to sup- 8 port the development of learning and literacy con- 9 sistent with the purposes of this part; 10 ‘‘(5) the literacy initiatives, if any, in place and 11 how these initiatives will be coordinated and inte- 12 grated with activities supported under this section; 13 ‘‘(6) how the subgrant funds will be used to 14 prepare and provide ongoing assistance to staff in 15 the programs, through high-quality professional de- 16 velopment; 17 ‘‘(7) how the subgrant funds will be used to 18 provide services, incorporate activities, and select 19 and use literacy instructional materials that— 20 ‘‘(A) meet the diverse developmental and 21 linguistic needs of children, including English 22 learners and children with disabilities and de- 23 velopmental delays; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00565 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 566 •S 1094 IS ‘‘(B) are based on scientifically valid re- 1 search on child development and learning for 2 children from birth through kindergarten entry; 3 ‘‘(8) how the subgrant funds will be used to 4 provide screening assessments, diagnostic assess- 5 ments, and classroom-based instructional assess- 6 ments and assessments of developmental progress; 7 ‘‘(9) how families and caregivers will be in- 8 volved, as appropriate, in supporting their child’s lit- 9 eracy development, instruction, and assessment; 10 ‘‘(10) how the subgrant funds will be used to 11 help children, particularly children experiencing dif- 12 ficulty with spoken and written language, to make 13 the transition from early childhood education pro- 14 grams to formal classroom instruction; 15 ‘‘(11) how the activities assisted under the 16 subgrant will be coordinated with comprehensive lit- 17 eracy instruction at the kindergarten through grade 18 12 levels; 19 ‘‘(12) how the subgrant funds will be used— 20 ‘‘(A) to evaluate the success of the activi- 21 ties assisted under the subgrant in enhancing 22 the early language and literacy development of 23 children from birth through kindergarten entry; 24 and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00566 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 567 •S 1094 IS ‘‘(B) to evaluate data for program im- 1 provement; and 2 ‘‘(13) such other information as the State edu- 3 cational agency may require. 4 ‘‘(d) APPROVAL OF LOCAL APPLICATIONS.—The 5 State educational agency, in consultation with the State 6 agencies responsible for administering early learning pro- 7 grams, including the State agency responsible for admin- 8 istering child care programs and the State Advisory Coun- 9 cil on Early Childhood Education and Care, shall— 10 ‘‘(1) select applications for funding under this 11 section based on the quality of the applications sub- 12 mitted, including the relationship between literacy 13 activities proposed and the research base or data 14 supporting such investments, as appropriate, and the 15 recommendations of— 16 ‘‘(A) the State literacy leadership team; 17 and 18 ‘‘(B) other experts in the area of early lit- 19 eracy; and 20 ‘‘(2) place priority for funding programs based 21 on the criteria in section 4106(b)(2)(F). 22 ‘‘(e) LOCAL USES OF FUNDS.— 23 ‘‘(1) IN GENERAL.—An eligible entity that re- 24 ceives a subgrant under this section shall use the 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00567 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 568 •S 1094 IS subgrant funds, consistent with the entity’s approved 1 application under subsection (c), to— 2 ‘‘(A) enhance and improve early learning 3 programs to ensure that children in such pro- 4 grams are provided with high-quality oral lan- 5 guage and literature- and print-rich environ- 6 ments in which to develop early literacy skills; 7 ‘‘(B) carry out high-quality professional 8 development opportunities for early childhood 9 educators, teachers, and instructional leaders; 10 ‘‘(C) acquire, provide training for, and im- 11 plement screening assessments, diagnostic as- 12 sessments, and classroom-based instructional 13 assessments; 14 ‘‘(D) select, develop, and implement a 15 multitier system of support; 16 ‘‘(E) integrate research-based instructional 17 materials, activities, tools, and measures into 18 the programs offered by the eligible entity to 19 improve development of early learning language 20 and literacy skills; 21 ‘‘(F) train providers and personnel to sup- 22 port, develop, and administer high-quality early 23 learning literacy initiatives that— 24 ‘‘(i) utilize data— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00568 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 569 •S 1094 IS ‘‘(I) to inform instructional de- 1 sign; and 2 ‘‘(II) to assess literacy needs; 3 and 4 ‘‘(ii) provide time and support for per- 5 sonnel to meet to plan comprehensive lit- 6 eracy instruction; 7 ‘‘(G) provide family literacy services, as 8 appropriate, and educate parents, teachers, and 9 other caregivers about child literacy develop- 10 ment; 11 ‘‘(H) annually collect, summarize, and re- 12 port to the State educational agency data— 13 ‘‘(i) to document child progress in 14 early literacy and language skills develop- 15 ment as a result of activities carried out 16 under this section; 17 ‘‘(ii) to stimulate and accelerate im- 18 provement by identifying the programs 19 served by the eligible entity that produce 20 significant gains in skills development; and 21 ‘‘(iii) for all subgroups of children and 22 categories of children, including children in 23 the subgroups described in section 24 1111(a)(2)(B)(x), in a manner that— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00569 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 570 •S 1094 IS ‘‘(I) utilizes a variety of meas- 1 ures of child literacy and language 2 skills development; and 3 ‘‘(II) is consistent across the 4 State; and 5 ‘‘(I) coordinate the involvement of families, 6 early learning program staff, principals, other 7 instructional leaders, and teachers in literacy 8 development of children served under this part. 9 ‘‘(2) CURRICULA AND ASSESSMENT MATERIALS 10 LIMITATION.—Each eligible entity that receives a 11 subgrant under this section shall not use more than 12 20 percent of the subgrant funds in the first year 13 of subgrant funding, and not more than 10 percent 14 of the subgrant funds in each year thereafter, to 15 purchase curricula and assessment materials. 16 ‘‘(f) PROHIBITION.—The use of assessment items 17 and data on any assessment authorized under this section 18 to provide rewards or sanctions for individual children, 19 early learning program providers, teachers, program direc- 20 tors, or principals is prohibited. 21 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00570 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 571 •S 1094 IS ‘‘SEC. 4109. SUBGRANTS TO ELIGIBLE ENTITIES IN SUP- 1 PORT OF KINDERGARTEN THROUGH GRADE 2 12 LITERACY. 3 ‘‘(a) SUBGRANTS TO LOCAL EDUCATIONAL AGEN- 4 CIES.— 5 ‘‘(1) SUBGRANTS.—A State educational agency 6 shall use a portion of the implementation grant 7 funds provided under subparagraph (C) or (D)(ii) of 8 section 4104(a)(1) to award subgrants, on a com- 9 petitive basis, to eligible entities to enable the eligi- 10 ble entities to carry out the authorized activities de- 11 scribed in subsections (b) and (c). 12 ‘‘(2) SUFFICIENT SIZE AND SCOPE.—A State 13 educational agency shall award subgrants under this 14 section of sufficient size and scope to allow the eligi- 15 ble entities to carry out high-quality literacy initia- 16 tives in each grade level for which the subgrant 17 funds are provided. 18 ‘‘(3) LOCAL APPLICATIONS.—An eligible entity 19 desiring to receive a subgrant under this section 20 shall submit an application to the State educational 21 agency at such time, in such manner, and containing 22 such information as the State educational agency 23 may require. Such application shall include, for each 24 school that the eligible entity identifies as partici- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00571 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 572 •S 1094 IS pating in a subgrant program under this section, the 1 following information: 2 ‘‘(A) A description of the eligible entity’s 3 capacity to identify how subgrant funds will be 4 used to inform and improve comprehensive lit- 5 eracy instruction at the school. 6 ‘‘(B) How the school, local educational 7 agency, or a provider of high-quality profes- 8 sional development will provide ongoing high- 9 quality professional development to all teachers, 10 including early childhood educators, principals, 11 and other instructional leaders served by the 12 school, including early learning program admin- 13 istrators. 14 ‘‘(C) How the school will identify children 15 in need of literacy interventions or other sup- 16 port services and provide appropriate scientif- 17 ically valid instructional interventions or other 18 support services which may include extended 19 learning time for struggling children. 20 ‘‘(D) A budget for the school that projects 21 the cost of developing and implementing literacy 22 initiatives to carry out the activities described 23 in subsections (b) and (c) as applicable. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00572 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 573 •S 1094 IS ‘‘(E) An explanation of how the school will 1 integrate comprehensive literacy instruction into 2 core academic subjects. 3 ‘‘(F) A description of how the school will 4 coordinate comprehensive literacy instruction 5 with early learning and before- and after-school 6 programs and activities in the area served by 7 the local educational agency, such as school li- 8 brary programs. 9 ‘‘(G) A description of the assessments that 10 will be used in an assessment system to improve 11 comprehensive literacy instruction and track 12 child literacy progress. 13 ‘‘(H) A description of how families and 14 caregivers will be involved in supporting their 15 children’s literacy instruction and assessment. 16 ‘‘(I) A description of how, if an eligible en- 17 tity is requesting a planning period, the eligible 18 entity will use that planning period to prepare 19 for successful implementation of a plan to sup- 20 port the development of learning and literacy 21 consistent with the purposes of this part. 22 ‘‘(J) A description of the literacy initia- 23 tives, if any, in place and how these initiatives 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00573 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 574 •S 1094 IS will be coordinated and integrated with activi- 1 ties supported under this section. 2 ‘‘(K) An assurance that the eligible entity 3 will, if requested, participate in the national 4 evaluation described in section 4110. 5 ‘‘(b) LOCAL USES OF FUNDS FOR KINDERGARTEN 6 THROUGH GRADE 5.—An eligible entity that receives a 7 subgrant under this section shall use the subgrant funds 8 to carry out the following activities pertaining to children 9 in kindergarten through grade 5: 10 ‘‘(1) Developing and implementing a literacy 11 plan across content areas that— 12 ‘‘(A) serves the needs of all children, in- 13 cluding children with disabilities and English 14 learners, especially children who are reading or 15 writing below grade level; 16 ‘‘(B) provides intensive, supplemental, ac- 17 celerated, and explicit intervention and support 18 in reading and writing for children whose lit- 19 eracy skills are below grade level; and 20 ‘‘(C) supports activities that are provided 21 primarily during the regular school day but 22 which may be augmented by after-school and 23 out-of-school time instruction. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00574 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 575 •S 1094 IS ‘‘(2) Acquiring, providing training for, selecting, 1 and administering assessments, and managing, mon- 2 itoring, and planning instruction based on the as- 3 sessment data. 4 ‘‘(3) Providing high-quality professional devel- 5 opment opportunities for teachers, literacy coaches, 6 literacy specialists, English as a second language 7 specialists (as appropriate), principals, and other 8 program staff. 9 ‘‘(4) Training principals, specialized instruc- 10 tional support personnel, and other school district 11 personnel to support, develop, administer, and evalu- 12 ate high-quality kindergarten through grade 5 lit- 13 eracy initiatives that— 14 ‘‘(A) utilize data— 15 ‘‘(i) to inform instructional decisions; 16 and 17 ‘‘(ii) to assess professional develop- 18 ment needs; and 19 ‘‘(B) provide time and support for teachers 20 and other instructional staff to meet to plan 21 comprehensive literacy instruction. 22 ‘‘(5) Coordinating the involvement of early 23 learning program staff, principals, other instruc- 24 tional leaders, teachers, teacher literacy teams, 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00575 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 576 •S 1094 IS English as a second language specialists (as appro- 1 priate), special educators, and school librarians in 2 the literacy development of children served under 3 this part. 4 ‘‘(6) Engaging families and encouraging family 5 literacy experiences and practices to support literacy 6 development. 7 ‘‘(7) Annually collecting, summarizing, and re- 8 porting to the State educational agency data— 9 ‘‘(A) to document and monitor for the pur- 10 pose of improving practice, improvements, or 11 increases in children’s reading and writing pur- 12 suant to activities carried out under this sec- 13 tion; 14 ‘‘(B) to stimulate and accelerate improve- 15 ment by identifying the schools that produce 16 significant gains in literacy achievement; and 17 ‘‘(C) for all children and categories of chil- 18 dren, including the subgroups of children de- 19 scribed in section 1111(a)(2)(B)(x), in a man- 20 ner that utilizes a variety of measures and that 21 is consistent across the State. 22 ‘‘(c) LOCAL USES OF FUNDS FOR GRADES 6 23 THROUGH 12.—An eligible entity that receives a subgrant 24 under this section shall use subgrant funds to carry out 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00576 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 577 •S 1094 IS the following activities pertaining to children in grades 6 1 through 12: 2 ‘‘(1) Developing and implementing a literacy 3 plan described in paragraphs (1), (2), (3), (6), and 4 (7) of subsection (b) for children in grades 6 5 through 12. 6 ‘‘(2) Training principals, specialized instruc- 7 tional support personnel, and other instructional 8 leaders to support, develop, administer, and evaluate 9 high-quality adolescent literacy initiatives that— 10 ‘‘(A) utilize data— 11 ‘‘(i) to inform instructional decisions 12 and allow for personalization of instruction 13 based on a child’s need; and 14 ‘‘(ii) to assess professional develop- 15 ment needs; 16 ‘‘(B) assess the quality of adolescent com- 17 prehensive literacy instruction in core academic 18 subjects, and career and technical education 19 subjects where such career and technical edu- 20 cation subjects provide for the integration of 21 core academic subjects; 22 ‘‘(C) provide time for teachers to meet to 23 plan research-based adolescent comprehensive 24 literacy instruction in core academic subjects, 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00577 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 578 •S 1094 IS and career and technical education subjects 1 where such career and technical education sub- 2 jects provide for the integration of core aca- 3 demic subjects; and 4 ‘‘(D) include explicit instruction in dis- 5 cipline-specific thinking and how to read and 6 interpret discipline-specific text structures and 7 features. 8 ‘‘(3) Coordinating the involvement of principals, 9 other instructional leaders, teachers, teacher literacy 10 teams, English as a second language specialists (as 11 appropriate), special educators, and school librarians 12 in the literacy development of children served under 13 this part. 14 ‘‘(d) ALLOWABLE USES.—An eligible entity that re- 15 ceives a subgrant under this section may, in addition to 16 carrying out the activities described in subsections (b) and 17 (c), use subgrant funds to carry out the following activities 18 pertaining to children in kindergarten through grade 12: 19 ‘‘(1) Providing a planning period of not more 20 than 1 year for eligible entities to establish the ele- 21 ments necessary for successful implementation of a 22 literacy program for kindergarten through grade 12. 23 ‘‘(2) Recruiting, placing, training, and compen- 24 sating literacy coaches. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00578 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 579 •S 1094 IS ‘‘(3) Connecting out-of-school learning opportu- 1 nities to in-school learning in order to improve the 2 literacy achievement of the children. 3 ‘‘(4) Training families and caregivers to sup- 4 port the improvement of adolescent literacy. 5 ‘‘(5) Providing for a multitier system of sup- 6 port. 7 ‘‘(6) Forming a school literacy leadership team 8 to help implement, assess, and identify necessary 9 changes to the literacy initiatives in 1 or more 10 schools to ensure success. 11 ‘‘(7) Providing high-quality, literacy-rich envi- 12 ronments that engage children with materials and 13 experiences at the children’s reading and writing lev- 14 els. 15 ‘‘(8) Providing time for teachers (and other lit- 16 eracy staff, as appropriate, such as school librarians) 17 to meet to plan comprehensive literacy instruction. 18 ‘‘(e) LIMITATION OF USE TO CERTAIN SCHOOLS.— 19 An eligible entity receiving a subgrant under this section 20 shall, in distributing the subgrant funds, provide the 21 subgrant funds only to schools, including public charter 22 schools, that have the highest percentages or numbers of 23 children counted under section 1124(c). 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00579 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 580 •S 1094 IS ‘‘SEC. 4110. NATIONAL EVALUATION, INFORMATION DIS- 1 SEMINATION, AND TECHNICAL ASSISTANCE. 2 ‘‘(a) NATIONAL EVALUATION.— 3 ‘‘(1) IN GENERAL.—From the amount reserved 4 in accordance with section 9601, the Secretary shall 5 enter into a contract with an organization inde- 6 pendent of the Department for a 5-year national 7 evaluation of the grant and subgrant programs as- 8 sisted under this part. Such evaluation shall include 9 scientifically valid research that applies rigorous and 10 systematic procedures to obtain valid knowledge rel- 11 evant to the implementation and effect of the pro- 12 grams. 13 ‘‘(2) CONTENTS OF EVALUATION.—The evalua- 14 tion described in this subsection shall include an 15 analysis of each of the following: 16 ‘‘(A) The impact of the implementation of 17 literacy initiatives and practices supported 18 under this part on— 19 ‘‘(i) increasing academic outcomes, in- 20 cluding child literacy development in read- 21 ing and writing, and speaking (as appro- 22 priate), grade promotion, and graduation 23 to the extent predictable; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00580 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 581 •S 1094 IS ‘‘(ii) promoting the appropriate early 1 literacy development of young children; 2 and 3 ‘‘(iii) strengthening the literacy skills 4 of English learners and children with dis- 5 abilities. 6 ‘‘(B) The fidelity of implementation of core 7 program features, such as coherence of the pro- 8 gram across grades, quality of technical assist- 9 ance, State and local educational agency leader- 10 ship, professional development for teachers and 11 administrators, use of quality materials and 12 pedagogy, and use of assessment. 13 ‘‘(C) The relationship between implementa- 14 tion of core features and children’s academic 15 outcomes. 16 ‘‘(D) Other inquiries as designated by the 17 Secretary, such as— 18 ‘‘(i) the core functions of literacy ini- 19 tiatives that have demonstrated the great- 20 est impact on child literacy achievement, 21 especially among children reading below 22 grade level; 23 ‘‘(ii) effective strategies to integrate 24 State and local standards, curricula, as- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00581 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 582 •S 1094 IS sessments, instruction, materials, and 1 interventions to improve literacy; 2 ‘‘(iii) the types of literacy activities 3 and professional development that most ef- 4 fectively improve the early reading, writing, 5 and language skills of children from birth 6 through kindergarten entry; 7 ‘‘(iv) the impact of adolescent literacy 8 initiatives on adolescent motivation, en- 9 gagement, and participation in adolescent 10 literacy activities; 11 ‘‘(v) the relationship between chil- 12 dren’s literacy achievement and secondary 13 school success, including improving grad- 14 uation rates; and 15 ‘‘(vi) effective strategies to integrate 16 school and public library programs to im- 17 prove literacy. 18 ‘‘(3) PROGRAM IMPROVEMENT.—The Secretary 19 shall— 20 ‘‘(A) provide the findings of the evaluation 21 conducted under this section to State edu- 22 cational agencies and subgrant recipients for 23 use in program improvement; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00582 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 583 •S 1094 IS ‘‘(B) make such findings publicly available, 1 including on the Department’s website; and 2 ‘‘(C) submit such findings to the author- 3 izing committees. 4 ‘‘(b) INFORMATION DISSEMINATION AND TECHNICAL 5 ASSISTANCE.— 6 ‘‘(1) IN GENERAL.—From amounts reserved 7 under section 4104(a)(1)(A), the Secretary, in col- 8 laboration with the regional educational laboratories 9 established under section 174 of the Education 10 Sciences Reform Act of 2002, the comprehensive 11 centers established under section 203 of the Edu- 12 cational Technical Assistance Act of 2002, and the 13 Director of the National Institute of Child Health 14 and Human Development, shall— 15 ‘‘(A) distribute information on— 16 ‘‘(i) comprehensive literacy instruc- 17 tion, including best practices and model 18 programs identified in the evaluation; 19 ‘‘(ii) other inquiries designated by the 20 Secretary under subsection (a)(2)(D); or 21 ‘‘(iii) other relevant Federal studies of 22 literacy activities; and 23 ‘‘(B) provide technical assistance in order 24 to assist States and local educational agencies 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00583 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 584 •S 1094 IS in improving comprehensive literacy instruction 1 and learning. 2 ‘‘(2) DISSEMINATION AND COORDINATION.— 3 The Secretary shall disseminate the information de- 4 scribed in paragraph (1)(A) to— 5 ‘‘(A) recipients of Federal financial assist- 6 ance under this part, the Head Start Act, the 7 Individuals with Disabilities Education Act, and 8 the Adult Education and Family Literacy Act; 9 and 10 ‘‘(B) each Bureau-funded school (as de- 11 fined in section 1141 of the Education Amend- 12 ments of 1978 (25 U.S.C. 2021)). 13 ‘‘(3) USE OF NETWORKS.—In carrying out this 14 subsection, the Secretary shall, to the extent prac- 15 ticable, use information and dissemination networks 16 developed and maintained through other public and 17 private entities. 18 ‘‘SEC. 4111. RULES OF CONSTRUCTION. 19 ‘‘(a) CHILD ELIGIBILITY.—Nothing in this part shall 20 be construed to prohibit children eligible for assistance 21 under title I or III or children eligible for assistance under 22 part B or C of the Individuals with Disabilities Education 23 Act from receiving literacy instruction and intervention 24 under this part. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00584 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 585 •S 1094 IS ‘‘(b) IDEA EVALUATION.—The screening assess- 1 ments, diagnostic assessments, and formative assessments 2 of reading and writing authorized under this part shall 3 not be construed to constitute an evaluation required 4 under part B or C of the Individuals with Disabilities Edu- 5 cation Act, except that assessments administered under 6 this Act may be used in conjunction with other assess- 7 ments as part of an evaluation under part B or C of the 8 Individuals with Disabilities Education Act, provided that 9 the respective evaluation requirements under part B or C 10 of such Act are met. 11 ‘‘Subpart 2—Improving Literacy and College and Ca- 12 reer Readiness Through Effective School Li- 13 brary Programs 14 ‘‘SEC. 4113. PURPOSE. 15 ‘‘The purpose of this subpart is to improve students’ 16 literacy skills and readiness for higher education and ca- 17 reers, by providing students with effective school library 18 programs. 19 ‘‘SEC. 4114. DEFINITIONS. 20 ‘‘In this subpart: 21 ‘‘(1) EFFECTIVE SCHOOL LIBRARY PROGRAM.— 22 The term ‘effective school library program’ means a 23 school library program that— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00585 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 586 •S 1094 IS ‘‘(A) is staffed by a State certified or li- 1 censed school librarian; 2 ‘‘(B) has up-to-date books, materials, 3 equipment, and technology (including 4 broadband); 5 ‘‘(C) includes regular collaboration between 6 classroom teachers and school librarians to as- 7 sist with development and implementation of 8 the curriculum and other school reform efforts; 9 and 10 ‘‘(D) supports the development of digital 11 literacy skills. 12 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en- 13 tity’ means— 14 ‘‘(A) a local educational agency in which 15 not less than 20 percent of the students served 16 by the local educational agency are from fami- 17 lies with incomes below the poverty line; 18 ‘‘(B) a local educational agency that has a 19 percentage of low-income children that is in the 20 highest quartile among all local educational 21 agencies in the State; or 22 ‘‘(C) a consortia of local educational agen- 23 cies described in subparagraph (A) or (B). 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00586 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 587 •S 1094 IS ‘‘SEC. 4115. IMPROVING LITERACY AND COLLEGE AND CA- 1 REER READINESS THROUGH EFFECTIVE 2 SCHOOL LIBRARY PROGRAM GRANTS. 3 ‘‘(a) GRANTS TO LOCAL EDUCATIONAL AGENCIES.— 4 ‘‘(1) IN GENERAL.—From amounts appro- 5 priated under section 3(k) for this subpart, the Sec- 6 retary shall award grants, on a competitive basis, to 7 eligible entities to enable such entities to carry out 8 the authorized activities described in subsection (b). 9 ‘‘(2) SUFFICIENT SIZE AND SCOPE.—The Sec- 10 retary shall award grants under this section of suffi- 11 cient size and scope to allow the eligible entities to 12 carry out effective school library programs for which 13 the grant funds are provided. 14 ‘‘(3) DISTRIBUTION.—The Secretary shall en- 15 sure that grants under this section are equitably dis- 16 tributed among the different geographic regions of 17 the United States, and among eligible entities serv- 18 ing urban and rural areas. 19 ‘‘(4) DURATION.—A grant awarded under this 20 section shall be for a period of 3 years. 21 ‘‘(5) LOCAL APPLICATIONS.—An eligible entity 22 desiring to receive a grant under this section shall 23 submit an application to the Secretary at such time, 24 in such manner, and containing such information as 25 the Secretary may require. Such application shall in- 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00587 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 588 •S 1094 IS clude, for each school that the eligible entity identi- 1 fies as participating in a grant program under this 2 section, the following information: 3 ‘‘(A) a needs assessment relating to the 4 need for literacy improvement at all grade levels 5 and the need for effective school library pro- 6 grams, based on the age and condition of school 7 library resources, including— 8 ‘‘(i) book collections; 9 ‘‘(ii) access to advanced technology; 10 ‘‘(iii) the availability of well-trained, 11 State-certified or licensed school librarians; 12 and 13 ‘‘(iv) the current level of coordination 14 and shared planning time among school li- 15 brarians and classroom teachers; 16 ‘‘(B) a description of which grade spans 17 will be served, and an assurance that funding 18 will be distributed to serve students in elemen- 19 tary, middle, and high schools; 20 ‘‘(C) how the eligible entity will extensively 21 involve school librarians, teachers, administra- 22 tors, and parents in the activities assisted under 23 this section, and the manner in which the eligi- 24 ble entity will carry out the activities described 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00588 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 589 •S 1094 IS in subsection (b) using programs and materials 1 that are grounded in scientifically valid re- 2 search; 3 ‘‘(D) the manner in which the eligible enti- 4 ty will effectively coordinate the funds and ac- 5 tivities provided under this section with Fed- 6 eral, State, and local funds and activities under 7 this subpart and other literacy, library, tech- 8 nology, and professional development funds and 9 activities, including those funded through the 10 Institute of Museum and Library Services; and 11 ‘‘(E) the manner in which the eligible enti- 12 ty will collect and analyze data on the quality 13 and impact of activities carried out under this 14 section by schools served by the eligible entity. 15 ‘‘(b) LOCAL ACTIVITIES.—Funds under this section 16 may be used to develop and enhance effective school li- 17 brary programs, which may include activities to— 18 ‘‘(1) acquire up-to-date school library resources, 19 including books and reading materials that— 20 ‘‘(A) are appropriate for students in all 21 grade levels to be served and for students with 22 special learning needs, including students who 23 are English learners; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00589 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 590 •S 1094 IS ‘‘(B) engage the interest of readers at all 1 reading levels; 2 ‘‘(2) acquire and use advanced technology, in- 3 corporated into the curricula of the school, to de- 4 velop and enhance the digital literacy skills of stu- 5 dents; 6 ‘‘(3) facilitate Internet links and other resource- 7 sharing networks among schools and school libraries, 8 and public and academic libraries, where possible; 9 ‘‘(4) provide— 10 ‘‘(A) professional development in the ac- 11 quisition of digital literacy skills and literacy in- 12 struction that is appropriate for all grades, in- 13 cluding the assessment of student literacy 14 needs, the coordination of reading and writing 15 instruction across content areas, and training in 16 literacy strategies in all content areas for school 17 librarians; and 18 ‘‘(B) activities that foster increased col- 19 laboration among school librarians, teachers, 20 and administrators; and 21 ‘‘(5) provide students with access to school li- 22 braries during nonschool hours, including the hours 23 before and after school, during weekends, and dur- 24 ing summer vacation periods. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00590 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 591 •S 1094 IS ‘‘(c) SUPPLEMENT NOT SUPPLANT.—Funds made 1 available under this section shall be used to supplement, 2 and not supplant, other Federal, State, and local funds 3 expended to carry out activities relating to library, tech- 4 nology, or professional development activities. 5 ‘‘(d) ACCOUNTABILITY AND REPORTING.—Each eli- 6 gible entity that receives funds under this section for a 7 fiscal year shall prepare and submit a report to the Sec- 8 retary regarding how the funding was used and the extent 9 to which the availability of, the access to, and the use of, 10 up-to-date school library resources in the elementary 11 schools and secondary schools served by the eligible entity 12 was increased.’’. 13 SEC. 4103. IMPROVING SCIENCE, TECHNOLOGY, ENGINEER- 14 ING, AND MATH INSTRUCTION AND STUDENT 15 ACHIEVEMENT. 16 (a) REDESIGNATION.—Title IV (20 U.S.C. 7101 et 17 seq.) is amended— 18 (1) by redesignating part B as part F, and 19 transferring such part F so as to follow part E, as 20 added by section 4106; 21 (2) by striking section 4206; and 22 (3) by redesignating sections 4201, 4202, 4203, 23 4204, and 4205, as sections 4601, 4602, 4603, 24 4604, and 4605, respectively. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00591 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 592 •S 1094 IS (b) IMPROVING SCIENCE, TECHNOLOGY, ENGINEER- 1 ING, AND MATH INSTRUCTION AND STUDENT ACHIEVE- 2 MENT.—Title IV (20 U.S.C. 7101 et seq.) is amended by 3 inserting after part A the following: 4 ‘‘PART B—IMPROVING SCIENCE, TECHNOLOGY, 5 ENGINEERING, AND MATHEMATICS IN- 6 STRUCTION AND STUDENT ACHIEVEMENT 7 ‘‘Subpart 1—Improving STEM Instruction and 8 Student Achievement 9 ‘‘SEC. 4201. PURPOSE. 10 ‘‘The purpose of this subpart is to improve student 11 academic achievement in science, technology, engineering, 12 and mathematics, including computer science, by— 13 ‘‘(1) improving instruction in such subjects 14 through grade 12; 15 ‘‘(2) improving student engagement in, and in- 16 creasing student access to, such subjects; 17 ‘‘(3) improving the quality and effectiveness of 18 classroom instruction by recruiting, training, and 19 supporting highly rated teachers and providing ro- 20 bust tools and supports for students and teachers in 21 such subjects; and 22 ‘‘(4) closing student achievement gaps, and pre- 23 paring more students to be college and career ready 24 in such subjects. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00592 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 593 •S 1094 IS ‘‘SEC. 4202. DEFINITIONS. 1 ‘‘In this subpart: 2 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en- 3 tity’ means— 4 ‘‘(A) a State educational agency; or 5 ‘‘(B) a State educational agency in part- 6 nership with 1 or more State educational agen- 7 cies. 8 ‘‘(2) ELIGIBLE SUBGRANTEE.—The term ‘eligi- 9 ble subgrantee’ means— 10 ‘‘(A) a high-need local educational agency; 11 ‘‘(B) an educational service agency serving 12 more than 1 high-need local educational agency; 13 ‘‘(C) a consortium of high-need local edu- 14 cational agencies; or 15 ‘‘(D) an entity described in subparagraph 16 (A) or (C) of paragraph (3) that has signed a 17 memorandum of agreement with an entity de- 18 scribed in subparagraph (A), (B), or (C) of this 19 paragraph to implement the requirements of 20 this subpart in partnership with such entity. 21 ‘‘(3) OUTSIDE PARTNER.—The term ‘outside 22 partner’ means an entity that has expertise and a 23 demonstrated record of success in improving student 24 learning and engagement in the identified subjects 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00593 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 594 •S 1094 IS described in section 4204(b)(2), including any of the 1 following: 2 ‘‘(A) A nonprofit or community-based or- 3 ganization, which may include a cultural organi- 4 zation, such as a museum or learning center. 5 ‘‘(B) A business. 6 ‘‘(C) An institution of higher education. 7 ‘‘(D) An educational service agency. 8 ‘‘(4) STATE.—The term ‘State’ means— 9 ‘‘(A) any of the 50 States; 10 ‘‘(B) the District of Columbia; 11 ‘‘(C) the Bureau of Indian Education; or 12 ‘‘(D) the Commonwealth of Puerto Rico. 13 ‘‘SEC. 4203. GRANTS; ALLOTMENTS. 14 ‘‘(a) RESERVATIONS.— 15 ‘‘(1) IN GENERAL.—From the amounts appro- 16 priated for this part for a fiscal year, the Secretary 17 shall reserve— 18 ‘‘(A) not more than 2 percent to provide 19 technical assistance to States under this sub- 20 part; 21 ‘‘(B) not more than 5 percent for State ca- 22 pacity-building grants under this subpart, if the 23 Secretary is awarding such grants in accord- 24 ance with paragraph (2); and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00594 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 595 •S 1094 IS ‘‘(C) 10 percent for the STEM Master 1 Teacher Corps program under subpart 2. 2 ‘‘(2) CAPACITY-BUILDING GRANTS.— 3 ‘‘(A) IN GENERAL.—In any year for which 4 funding is distributed competitively, as de- 5 scribed in subsection (b)(1), the Secretary may 6 award 1 capacity-building grant to each State 7 that does not receive a grant under subsection 8 (b), on a competitive basis, to enable such State 9 to become more competitive in future years. 10 ‘‘(B) DURATION.—Grants awarded under 11 subparagraph (A) shall be for a period of 1 12 year. 13 ‘‘(b) COMPETITIVE GRANTS.— 14 ‘‘(1) IN GENERAL.—For each fiscal year for 15 which the amount appropriated to carry out this 16 part, and not reserved under subsection (a)(1), is 17 less than $500,000,000, the Secretary shall award 18 grants, on a competitive basis, to eligible entities to 19 enable such eligible entities to carry out the activi- 20 ties described in this subpart. 21 ‘‘(2) DURATION.—Grants awarded under this 22 subsection shall be for a period of not more than 3 23 years. 24 ‘‘(3) RENEWAL.— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00595 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 596 •S 1094 IS ‘‘(A) IN GENERAL.—If an eligible entity 1 demonstrates progress, as measured by the 2 metrics described in section 4206(a), the Sec- 3 retary may renew a grant for an additional 2- 4 year period. 5 ‘‘(B) REDUCED FUNDING.—Grant funds 6 awarded under subparagraph (A) shall be 7 awarded at a reduced amount. 8 ‘‘(c) FORMULA GRANTS.— 9 ‘‘(1) IN GENERAL.—For each fiscal year for 10 which the amount appropriated to carry out this 11 part, and not reserved under subsection (a)(1), is 12 equal to or more than $500,000,000, the Secretary 13 shall award grants to States, based on the formula 14 described in paragraph (2). 15 ‘‘(2) DISTRIBUTION OF FUNDS.—The Secretary 16 shall allot to each State— 17 ‘‘(A) an amount that bears the same rela- 18 tionship to 35 percent of the excess amount de- 19 scribed in paragraph (1) as the number of indi- 20 viduals ages 5 through 17 in the State, as de- 21 termined by the Secretary on the basis of the 22 most recent satisfactory data, bears to the num- 23 ber of those individuals in all such States, as so 24 determined; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00596 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 597 •S 1094 IS ‘‘(B) an amount that bears the same rela- 1 tionship to 65 percent of the excess amount as 2 the number of individuals ages 5 through 17 3 from families with incomes below the poverty 4 line, in the State, as determined by the Sec- 5 retary on the basis of the most recent satisfac- 6 tory data, bears to the number of those individ- 7 uals in all such States, as so determined. 8 ‘‘(3) FUNDING MINIMUM.—No State receiving 9 an allotment under this subsection may receive less 10 than one-half of 1 percent of the total amount allot- 11 ted under paragraph (1) for a fiscal year. 12 ‘‘(4) PUERTO RICO.—The amount allotted 13 under paragraph (2) to the Commonwealth of Puer- 14 to Rico for a fiscal year may not exceed one-half of 15 1 percent of the total amount allotted under para- 16 graph (1) for such fiscal year. 17 ‘‘(5) REALLOTMENT OF UNUSED FUNDS.—If a 18 State does not successfully apply, the Secretary shall 19 reallot the amount of the State’s allotment to the re- 20 maining States in accordance with this subsection. 21 ‘‘SEC. 4204. APPLICATIONS. 22 ‘‘(a) IN GENERAL.—Each eligible entity or State de- 23 siring a grant under this subpart, whether through a com- 24 petitive grant under section 4203(b) or through an allot- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00597 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 598 •S 1094 IS ment under section 4203(c), shall submit an application 1 to the Secretary at such time, in such manner, and accom- 2 panied by such information as the Secretary may require. 3 ‘‘(b) CONTENTS.—At a minimum, an application sub- 4 mitted under subsection (a) shall include the following: 5 ‘‘(1) A description of the needs, including as- 6 sets, identified by the State or eligible entity, based 7 on a State analysis, which— 8 ‘‘(A) may include results from a relevant 9 pre-existing analysis of science, technology, en- 10 gineering, and mathematics education quality 11 and outcomes in the State or States served by 12 the eligible entity; 13 ‘‘(B) shall include data for elementary 14 school and secondary school grades, as applica- 15 ble, to the extent that such data are available, 16 on— 17 ‘‘(i) student achievement in science 18 and mathematics, including such data col- 19 lected in accordance with the requirements 20 of section 1111(a)(3)(A), and student 21 achievement in technology and engineering; 22 ‘‘(ii) science, technology, engineering, 23 and mathematics teacher evaluations; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00598 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 599 •S 1094 IS ‘‘(iii) student access to mathematics 1 and science courses needed to enroll in 2 credit-bearing coursework at institutions of 3 higher education in the State or States 4 served by the eligible entity; 5 ‘‘(iv) access to science, technology, en- 6 gineering, and mathematics courses for 7 students through grade 12 who— 8 ‘‘(I) are eligible to receive a free 9 or reduced priced lunch under the 10 Richard B. Russell National School 11 Lunch Act (42 U.S.C. 1751 et seq.); 12 or 13 ‘‘(II) come from families with an 14 income that is below the poverty line; 15 ‘‘(v) student achievement gaps in 16 science, technology, engineering, and math- 17 ematics subjects; 18 ‘‘(vi) the percentage of students who 19 successfully— 20 ‘‘(I) complete Advanced Place- 21 ment or International Baccalaureate 22 courses in science, technology, engi- 23 neering, and mathematics subjects; or 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00599 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 600 •S 1094 IS ‘‘(II) complete rigorous, credit- 1 bearing postsecondary education 2 courses in science, technology, engi- 3 neering, and mathematics subjects; 4 ‘‘(vii) the information collected under 5 section 1111(d)(3)(B)(viii)(III); 6 ‘‘(viii) available instructional systems 7 and supports, such as curricula, instruc- 8 tional materials, professional development, 9 teacher evaluation systems, and assess- 10 ments; 11 ‘‘(ix) science, technology, engineering, 12 and mathematics teacher qualifications; 13 and 14 ‘‘(x) teacher shortages and teacher 15 distribution among local educational agen- 16 cies and schools in science, technology, en- 17 gineering, and mathematics subjects; 18 ‘‘(C) shall include labor market informa- 19 tion regarding the industry and business work- 20 force needs within the eligible entity; 21 ‘‘(D) shall include an analysis of the qual- 22 ity of pre-service preparation at all public insti- 23 tutions of higher education (including alter- 24 native pathways to teacher licensure or certifi- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00600 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 601 •S 1094 IS cation) for individuals preparing to teach 1 science, technology, engineering, and mathe- 2 matics subjects in a preschool, elementary 3 school, or secondary school in the State; and 4 ‘‘(E) shall include an analysis of the imple- 5 mentation of any multi-tiered systems of sup- 6 port that have been employed in the State or 7 States served by the eligible entity to address 8 the learning needs of students in any science, 9 technology, engineering, and mathematics sub- 10 jects. 11 ‘‘(2) An identification of the specific science, 12 technology, engineering, and mathematics subjects 13 that the State or eligible entity will address through 14 the activities described in section 4205, consistent 15 with the needs identified under paragraph (1) (re- 16 ferred to in this subpart as ‘identified subjects’). 17 ‘‘(3) A description, in a manner that addresses 18 any needs identified under paragraph (1), of— 19 ‘‘(A) how grant funds will be used by the 20 State or eligible entity to improve instruction in 21 identified subjects using evidence-based pro- 22 grams of instruction that are aligned with the 23 college and career ready standards and aca- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00601 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 602 •S 1094 IS demic assessments under paragraphs (1) and 1 (2) of section 1111(a); 2 ‘‘(B) how grant funds will be used to sup- 3 port subgrantees and other high-need local edu- 4 cational agencies in the employment of multi- 5 tiered systems of support to provide early inter- 6 vening services, as described in section 7 613(a)(4)(A)(ii) of the Individuals with Disabil- 8 ities Education Act, and to increase student 9 achievement in identified subjects; 10 ‘‘(C) the process that the State or eligible 11 entity will use for awarding subgrants, includ- 12 ing how relevant stakeholders will be involved; 13 ‘‘(D) how the State’s or eligible entity’s ac- 14 tivities and subgrants will be coordinated with 15 other Federal, State, and local programs and 16 activities, including career and technical edu- 17 cation programs authorized under the Carl D. 18 Perkins Career and Technical Education Act of 19 2006 (20 U.S.C. 2301 et seq.); 20 ‘‘(E) the technical assistance that the 21 State or eligible entity will provide to sub- 22 grantees to support the activities undertaken by 23 the subgrantees; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00602 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 603 •S 1094 IS ‘‘(F) how the State or eligible entity will 1 evaluate the activities funded, both at the State 2 and subgrantee level, with funds provided under 3 this subpart, and in a manner consistent with 4 any evaluation activities carried out by the In- 5 stitute of Education Sciences under section 6 4207, or the National Science Foundation; 7 ‘‘(G) how the State or eligible entity will 8 allocate funds in a manner that will provide 9 services to both elementary schools and sec- 10 ondary schools; 11 ‘‘(H) how the State or eligible entity will 12 provide targeted support to improve instruction 13 in high-need local educational agencies and 14 high-need schools; 15 ‘‘(I) how the State or eligible entity’s pro- 16 posed project will ensure an increase in access 17 for students who are members of groups under- 18 represented in science, technology, engineering, 19 and mathematics subject fields to high-quality 20 courses in 1 or more of the identified subjects; 21 and 22 ‘‘(J) how the State or eligible entity will 23 continue to involve stakeholders in education re- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00603 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 604 •S 1094 IS form efforts related to science, technology, engi- 1 neering, and mathematics instruction. 2 ‘‘(4) Assurances that the State or eligible entity 3 will monitor implementation of approved subgrantee 4 plans. 5 ‘‘(c) ADDITIONAL FUNDING.—A State or eligible en- 6 tity that submits a request to use the additional State ac- 7 tivities reservation described in section 4205(d)(2), shall 8 provide, in a manner that addresses the needs identified 9 under subsection (b)(1), a description of the activities that 10 the eligible entity will carry out with such funds, con- 11 sistent with section 4205. 12 ‘‘SEC. 4205. AUTHORIZED ACTIVITIES. 13 ‘‘(a) REQUIRED ACTIVITIES.—Each State or eligible 14 entity that receives a grant under this subpart shall use 15 the grant funds to carry out each of the following activi- 16 ties: 17 ‘‘(1) Increasing access for students through 18 grade 12 who are members of groups underrep- 19 resented in science, technology, engineering, and 20 mathematics subject fields to high-quality courses in 21 the identified subjects. 22 ‘‘(2) Implementing evidence-based programs of 23 instruction based on high-quality standards and as- 24 sessments in the identified subjects. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00604 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 605 •S 1094 IS ‘‘(3) Providing professional development and 1 other comprehensive systems of support for teachers 2 and school leaders to promote high-quality instruc- 3 tion and instructional leadership in the identified 4 subjects. 5 ‘‘(4) Providing technical assistance to sub- 6 grantees and other high-need schools and local edu- 7 cational agencies in order to improve student 8 achievement and narrow achievement gaps in identi- 9 fied subjects, including through— 10 ‘‘(A) the development and implementation 11 of multi-tiered systems of support; and 12 ‘‘(B) the development of curriculum or in- 13 structional materials consistent with the prin- 14 cipals of universal design for learning, as de- 15 fined in section 103 of the Higher Education 16 Act of 1965. 17 ‘‘(b) PERMISSIBLE ACTIVITIES.—Each State or eligi- 18 ble entity that receives a grant under this subpart may 19 use the grant funds to carry out 1 or more of the following 20 activities: 21 ‘‘(1) Recruiting qualified teachers and instruc- 22 tional leaders who are trained in identified subjects, 23 including teachers who have transitioned into the 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00605 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 606 •S 1094 IS teaching profession from a career in science, tech- 1 nology, engineering, and mathematics fields. 2 ‘‘(2) Providing induction and mentoring serv- 3 ices to new teachers in identified subjects. 4 ‘‘(3) Developing instructional supports, such as 5 curricula and assessments, which shall be evidence- 6 based and aligned with State college and career 7 ready academic content standards under section 8 1111(a)(1), and may include Internet-based cur- 9 ricula and Internet-based instructional supports. 10 ‘‘(4) Implementing an interdisciplinary ap- 11 proach, by integrating instruction in 1 or more 12 science, technology, engineering, and mathematics 13 subjects with reading, English language arts, or in- 14 struction in other core academic subjects and 15 noncore academic subjects. 16 ‘‘(c) SUBGRANTS.— 17 ‘‘(1) IN GENERAL.—Each State or eligible enti- 18 ty that receives a grant under this section shall 19 award subgrants, on a competitive basis, to eligible 20 subgrantees. 21 ‘‘(2) MINIMUM SUBGRANT.—A State or eligible 22 entity shall award subgrants under this subsection 23 that are of sufficient size and scope to support high- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00606 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 607 •S 1094 IS quality, evidence-based, effective programs that are 1 consistent with the purpose of this subpart. 2 ‘‘(3) SUBGRANTEE APPLICATION.— 3 ‘‘(A) IN GENERAL.—Each eligible sub- 4 grantee desiring a subgrant under this sub- 5 section shall submit an application to the State 6 or eligible entity at such time, in such manner, 7 and accompanied by such information as the 8 State or eligible entity may require. 9 ‘‘(B) CONTENTS OF SUBGRANTEE APPLI- 10 CATION.—At a minimum, the application de- 11 scribed in subparagraph (A) shall include the 12 following: 13 ‘‘(i) A description of the activities that 14 the eligible subgrantee will carry out, and 15 how such activities will improve teaching 16 and student academic achievement in the 17 identified subjects, in a manner consistent 18 with scientifically valid research. 19 ‘‘(ii) A description of how the eligible 20 subgrantee will use funds provided under 21 this subsection to serve students and 22 teachers in high-need schools. 23 ‘‘(iii) A description of how funds pro- 24 vided under this subsection will be coordi- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00607 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 608 •S 1094 IS nated with other Federal, State, and local 1 programs and activities, including career 2 and technical education programs author- 3 ized under the Carl D. Perkins Career and 4 Technical Education Act of 2006 (20 5 U.S.C. 2301 et seq.). 6 ‘‘(iv) If the eligible subgrantee is 7 working with outside partners, a descrip- 8 tion of how such outside partners will be 9 involved in improving instruction and in- 10 creasing access to high-quality learning ex- 11 periences in the identified subjects. 12 ‘‘(4) SUBGRANTEE USE OF FUNDS.— 13 ‘‘(A) REQUIRED USE OF FUNDS.—Each 14 subgrantee under this subsection shall use the 15 subgrant funds to carry out activities for stu- 16 dents through grade 12, consistent with the ac- 17 tivities described in the subgrantee’s applica- 18 tion, which shall include— 19 ‘‘(i) high-quality teacher and instruc- 20 tional leader recruitment, support, and 21 evaluation in the identified subjects; 22 ‘‘(ii) professional development, which 23 may include development and support for 24 instructional coaches, to enable teachers 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00608 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 609 •S 1094 IS and instructional leaders to increase stu- 1 dent achievement in identified subjects, 2 through— 3 ‘‘(I) implementation of classroom 4 assessments; and 5 ‘‘(II) differentiation of instruc- 6 tion in identified subjects for all stu- 7 dents, including for students who are 8 children with disabilities and students 9 who are English learners; 10 ‘‘(iii) activities to— 11 ‘‘(I) improve the content knowl- 12 edge of teachers; and 13 ‘‘(II) facilitate professional col- 14 laboration, which may include pro- 15 viding time for such collaborations; 16 ‘‘(iv) the development, adoption, and 17 improvement of high-quality curricula and 18 instructional supports that— 19 ‘‘(I) are aligned with State col- 20 lege and career ready academic con- 21 tent standards under section 22 1111(a)(1); and 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00609 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 610 •S 1094 IS ‘‘(II) the eligible subgrantee will 1 use to improve student academic 2 achievement in identified subjects; 3 ‘‘(v) the development or improvement, 4 and implementation, of multi-tiered sys- 5 tems of support to provide early inter- 6 vening services and to increase student 7 achievement in 1 or more of the identified 8 subjects; and 9 ‘‘(vi) integrating instruction in the 10 identified subjects with instruction in read- 11 ing, English language arts, or other core 12 and noncore academic subjects. 13 ‘‘(B) ALLOWABLE USE OF FUNDS.—In ad- 14 dition to the required activities described in 15 subparagraph (A), each eligible subgrantee that 16 receives a subgrant under this subsection, may 17 also use the subgrant funds to— 18 ‘‘(i) support the participation of low- 19 income students in nonprofit competitions 20 related to science, technology, engineering, 21 and mathematics subjects (such as robot- 22 ics, science research, invention, mathe- 23 matics, computer science, and technology 24 competitions); and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00610 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 611 •S 1094 IS ‘‘(ii) broaden secondary school stu- 1 dents’ access to, and interest in, careers 2 that require academic preparation in 1 or 3 more identified subjects. 4 ‘‘(C) LIMITATION.—Each subgrantee that 5 receives a subgrant under this subsection shall 6 not expend more than 15 percent of the 7 subgrant funds on the activities described in 8 subparagraph (B). 9 ‘‘(D) MATCHING FUNDS.—A State or eligi- 10 ble entity shall require an eligible subgrantee 11 receiving a subgrant under this subsection to 12 demonstrate that such subgrantee has obtained 13 a commitment from 1 or more outside partners 14 to match, using non-Federal funds or in-kind 15 contributions, not less than 15 percent of the 16 amount of subgrant funds. In the case of sig- 17 nificant financial hardship, an eligible sub- 18 grantee may apply to the State or eligible entity 19 for, and the State or eligible entity may grant, 20 a waiver of a portion of the minimum matching 21 funds requirement. 22 ‘‘(d) STATE ACTIVITIES.— 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00611 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 612 •S 1094 IS ‘‘(1) IN GENERAL.—Each State or eligible enti- 1 ty that receives a grant under this subpart may use 2 not more than 5 percent of grant funds for— 3 ‘‘(A) administrative costs; 4 ‘‘(B) monitoring the implementation of 5 subgrants; 6 ‘‘(C) providing technical assistance to sub- 7 grantees; and 8 ‘‘(D) evaluating subgrants in coordination 9 with the evaluation described in section 4207. 10 ‘‘(2) RESERVATION.—Each State or eligible en- 11 tity that receives a grant under this subpart may 12 submit a request to the Secretary to reserve not 13 more than 15 percent of grant funds, inclusive of 14 the amount described in paragraph (1), for addi- 15 tional State activities, consistent with subsections 16 (a) and (b). 17 ‘‘SEC. 4206. PERFORMANCE METRICS; REPORT. 18 ‘‘(a) ESTABLISHMENT OF PERFORMANCE 19 METRICS.—The Secretary, acting through the Director of 20 the Institute of Education Sciences, shall establish per- 21 formance metrics to evaluate the effectiveness of the ac- 22 tivities carried out under this subpart. 23 ‘‘(b) ANNUAL REPORT.—Each State or eligible entity 24 that receives a grant under this subpart shall prepare and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00612 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 613 •S 1094 IS submit an annual report to the Secretary, which shall in- 1 clude information relevant to the performance metrics de- 2 scribed in subsection (a). 3 ‘‘SEC. 4207. EVALUATION. 4 ‘‘From the amount reserved in accordance with sec- 5 tion 9601, the Secretary shall— 6 ‘‘(1) acting through the Director of the Insti- 7 tute of Education Sciences, and in consultation with 8 the Director of the National Science Foundation— 9 ‘‘(A) evaluate the implementation and im- 10 pact of the activities supported under this sub- 11 part, including progress measured by the 12 metrics established under section 4206(a); and 13 ‘‘(B) identify best practices to improve in- 14 struction in science, technology, engineering, 15 and mathematics subjects; and 16 ‘‘(2) disseminate, in consultation with the Na- 17 tional Science Foundation, research on best prac- 18 tices to improve instruction in science, technology, 19 engineering, and mathematics subjects. 20 ‘‘SEC. 4208. SUPPLEMENT NOT SUPPLANT. 21 ‘‘Funds received under this subpart shall be used to 22 supplement, and not supplant, funds that would otherwise 23 be used for activities authorized under this subpart. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00613 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 614 •S 1094 IS ‘‘SEC. 4209. MAINTENANCE OF EFFORT. 1 ‘‘A State that receives funds under this subpart for 2 a fiscal year shall maintain the fiscal effort provided by 3 the State for the subjects supported by the funds under 4 this part at a level equal to or greater than the level of 5 such fiscal effort for the preceding fiscal year. 6 ‘‘Subpart 2—STEM Master Teacher Corps Program 7 ‘‘SEC. 4221. PURPOSE. 8 ‘‘The purpose of this subpart is to establish a STEM 9 Master Teacher Corps program that— 10 ‘‘(1) elevates the status of the STEM teaching 11 profession by recognizing and rewarding outstanding 12 STEM teachers; 13 ‘‘(2) attracts and retains effective STEM teach- 14 ers, particularly in high-need schools, by offering 15 them additional compensation, instructional re- 16 sources, and instructional leadership roles; and 17 ‘‘(3) creates a network of outstanding STEM 18 teacher-leaders who will— 19 ‘‘(A) share best practices and resources; 20 ‘‘(B) take on leadership responsibilities in 21 their schools, districts, States (if part of the 22 participating area), or consortia with the au- 23 thority to provide professional support to their 24 STEM colleagues not participating in the 25 STEM Master Teacher Corps; 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00614 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 615 •S 1094 IS ‘‘(C) aid in the development and retention 1 of beginning teachers by serving as their role 2 models and providing them with instructional 3 support; and 4 ‘‘(D) inform the development of STEM 5 education policy. 6 ‘‘SEC. 4222. DEFINITIONS. 7 ‘‘In this subpart: 8 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en- 9 tity’ means a consortium of high-need local edu- 10 cational agencies or 1 or more State educational 11 agencies, acting in partnership with 1 or more— 12 ‘‘(A) institutions of higher education; or 13 ‘‘(B) nonprofit organizations with a dem- 14 onstrated record of success in preparing or im- 15 proving the effectiveness of STEM teachers. 16 ‘‘(2) PARTICIPATING AREA.—The term ‘partici- 17 pating area’ means— 18 ‘‘(A) in the case of an eligible entity that 19 includes a State educational agency or consor- 20 tium of State educational agencies, the State or 21 States; or 22 ‘‘(B) in the case of an eligible entity that 23 includes a consortium of local educational agen- 24 cies, the area served by such agencies. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00615 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 616 •S 1094 IS ‘‘(3) RURAL SCHOOL.—The term ‘rural school’ 1 means a public school— 2 ‘‘(A) designated with a school locale code 3 of Distant Town, Remote Town, Fringe Rural, 4 Distant Rural, or Remote Rural; and 5 ‘‘(B) served by a local educational agency 6 in which not less than two-thirds of the stu- 7 dents served by the agency attend a school des- 8 ignated with 1 of the school locale codes listed 9 in subparagraph (A). 10 ‘‘(4) STEM.—The term ‘STEM’ means science, 11 technology, engineering, and mathematics, including 12 computer science. 13 ‘‘SEC. 4223. STEM MASTER TEACHER CORPS PROGRAM. 14 ‘‘(a) IN GENERAL.— 15 ‘‘(1) GRANTS AUTHORIZED.—From the amount 16 reserved under section 4203(a)(1)(C), the Secretary, 17 in consultation with the Director of the National 18 Science Foundation and the heads of other appro- 19 priate Federal agencies, as determined by the Sec- 20 retary, shall establish a STEM Master Teacher 21 Corps program by awarding, on a competitive basis, 22 1 or more grants of not less than $15,000,000 each 23 to eligible entities to enable the eligible entities to 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00616 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 617 •S 1094 IS establish the program, in accordance with section 1 4225. 2 ‘‘(2) PLANNING GRANTS.—The Secretary may 3 award planning grants to eligible entities to enable 4 the entities to make plans to establish the program, 5 in accordance with section 4225. 6 ‘‘(b) DURATION OF GRANT.— 7 ‘‘(1) IN GENERAL.—A grant awarded under 8 this subpart shall be for a period of not more than 9 5 years. 10 ‘‘(2) REVIEW.—The Secretary shall— 11 ‘‘(A) review, 3 years after an eligible entity 12 is awarded a grant under this subpart, the per- 13 formance of the entity during the 3-year period; 14 and 15 ‘‘(B) fund the remaining grant period for 16 such entity if the Secretary determines, based 17 on such review, that the entity is achieving sat- 18 isfactory results. 19 ‘‘(c) MATCHING REQUIREMENT.— 20 ‘‘(1) IN GENERAL.—Except as provided in para- 21 graph (2), an eligible entity that receives a grant 22 under this subpart shall provide, from non-Federal 23 sources, an amount equal to not less than 50 per- 24 cent of the amount of the grant, which may be pro- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00617 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 618 •S 1094 IS vided in cash or in-kind, to carry out the activities 1 supported by the grant. 2 ‘‘(2) EXCEPTION.— 3 ‘‘(A) IN GENERAL.—The Secretary may 4 waive the 50 percent matching requirement 5 under paragraph (1) for an eligible entity that 6 the Secretary determines is unable to meet such 7 requirement. The Secretary shall set a match- 8 ing requirement for such eligible entities ac- 9 cording to the sliding scale described in sub- 10 paragraph (B). 11 ‘‘(B) SLIDING SCALE.—The amount of a 12 match under subparagraph (A) shall be estab- 13 lished based on a sliding fee scale that takes 14 into account— 15 ‘‘(i) the relative poverty of the popu- 16 lation to be targeted by the eligible entity; 17 and 18 ‘‘(ii) the ability of the eligible entity to 19 obtain such matching funds. 20 ‘‘(3) CONSIDERATION.—The Secretary shall not 21 consider an eligible entity’s ability to match funds 22 when determining which eligible entities will receive 23 grant awards under this subpart. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00618 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 619 •S 1094 IS ‘‘SEC. 4224. APPLICATION. 1 ‘‘(a) IN GENERAL.—An eligible entity desiring a 2 grant under this subpart shall submit an application to 3 the Secretary at such time, in such manner, and con- 4 taining such information as the Secretary may require. 5 ‘‘(b) CONTENTS.—An application submitted under 6 this section shall include— 7 ‘‘(1) a description of the STEM Master Teach- 8 er Corps program that the eligible entity intends to 9 carry out, including the number of Corps members 10 the entity intends to select, the intended distribution 11 of subjects and grade levels taught, the geographic 12 and economic characteristics of the local educational 13 agencies that are part of the participating area, such 14 as the rural-urban continuum codes and proportion 15 of high-need schools served, and the type of activi- 16 ties proposed for recruitment of Corps members; 17 ‘‘(2) a description of the roles and responsibil- 18 ities that each participating local educational agency, 19 State, institution of higher education, or nonprofit 20 organization, as applicable, will have; 21 ‘‘(3) a demonstration that the entity has suffi- 22 cient capacity to carry out the activities described in 23 section 4225; 24 ‘‘(4) a description of the member selection proc- 25 ess and criteria that the applicant will use to select 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00619 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 620 •S 1094 IS members of the STEM Master Teacher Corps, in ac- 1 cordance with section 4225(b); 2 ‘‘(5) a description of how the eligible entity in- 3 tends to facilitate networking and sharing of best 4 practices and educational resources relating to 5 STEM education among Corps members, particu- 6 larly at rural schools, if applicable, and make a se- 7 lection of these best practices and resources more 8 widely available to other teachers and the STEM 9 educational community, including through electronic 10 means; 11 ‘‘(6) a demonstration that the entity has a clear 12 plan for— 13 ‘‘(A) offering research-based professional 14 development to Corps members, including train- 15 ing on instructional leadership, mentoring, en- 16 gaging and effectively teaching historically 17 underachieving or underrepresented groups in 18 STEM fields, such as girls, minorities, low-in- 19 come students, English learners, and students 20 with disabilities, and effective STEM teaching 21 methods, such as incorporating hands-on 22 STEM projects into their lesson plans; and 23 ‘‘(B) tracking the effectiveness of such 24 professional development; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00620 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 621 •S 1094 IS ‘‘(7) a demonstration that the entity has a clear 1 plan for evaluating the impact of the professional 2 support provided by STEM Master Teacher Corps 3 members to other teachers in their school, district, 4 State (if part of the participating area), or consor- 5 tium; 6 ‘‘(8) a description of how the local educational 7 agencies and schools served by the eligible entity in- 8 tend to align STEM Master Teacher Corps mem- 9 bers’ duties with school systems and activities al- 10 ready in place, if applicable, such as professional de- 11 velopment and mentoring; 12 ‘‘(9) an explanation of how STEM Master 13 Teacher Corps members will be afforded the time, 14 authority, and resources to fulfill requirements 15 under the program, and how other teachers will be 16 afforded the time to receive professional support 17 from Corps members; 18 ‘‘(10) a demonstration that the entity has a 19 clear plan for oversight to ensure that STEM Mas- 20 ter Teacher Corps members carry out the respon- 21 sibilities described in section 4225(c) to the fullest 22 extent practicable, and a description of the actions 23 to be taken if a member does not carry out such re- 24 sponsibilities; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00621 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 622 •S 1094 IS ‘‘(11) a description of how the grant funds will 1 be financially managed. 2 ‘‘(c) CRITERIA FOR AWARDING GRANTS.— 3 ‘‘(1) IN GENERAL.—The Secretary shall award 4 grants under this subpart on the basis of merit con- 5 sidering, at a minimum, the following: 6 ‘‘(A) The extent to which the local edu- 7 cational agencies that are part of the eligible 8 entity are committed to integrating the pro- 9 gram into existing school structures, policies, 10 operations, and budgets, such as by enabling 11 STEM Master Teacher Corps members to take 12 on leadership roles in their schools, districts, 13 States, if part of the participating area, or con- 14 sortia, in addition to their classroom duties, in- 15 cluding assisting in the development and imple- 16 mentation of professional development activities 17 and driving the instructional program of the 18 school. 19 ‘‘(B) The quality of the proposed profes- 20 sional development, teacher leadership and 21 mentorship activities, and networking opportu- 22 nities. 23 ‘‘(C) Demonstration that the local edu- 24 cational agencies and schools they serve have 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00622 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 623 •S 1094 IS removed barriers to full participation in the 1 program, including affording Corps members 2 and the teachers they mentor the time to par- 3 ticipate in activities required by the program. 4 ‘‘(D) The number and quality of the indi- 5 viduals that will be served by the program. 6 ‘‘(E) The capacity of the eligible entity to 7 effectively carry out the program. 8 ‘‘(2) PRIORITY.—In awarding grants under this 9 subpart, the Secretary shall give priority to— 10 ‘‘(A) eligible entities that intend to include 11 large numbers of teachers in the STEM Master 12 Teacher Corps; and 13 ‘‘(B) eligible entities that intend to include 14 rural schools, particularly high-need rural 15 schools, in the participating area to be served. 16 ‘‘SEC. 4225. REQUIRED USE OF FUNDS. 17 ‘‘(a) IN GENERAL.—An eligible entity receiving a 18 grant under this subpart shall use grant funds to— 19 ‘‘(1) administer the selection of teachers for 20 membership in the STEM Master Teacher Corps, in 21 accordance with the requirements of subsection (b); 22 ‘‘(2) provide compensation to each public school 23 teacher who is selected and serves as a member of 24 the STEM Master Teacher Corps, in recognition of 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00623 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 624 •S 1094 IS the teacher’s teaching accomplishments, leadership, 1 and increased responsibilities, which amount shall— 2 ‘‘(A) supplement, and not supplant, the 3 teacher’s base salary; and 4 ‘‘(B) be equal to— 5 ‘‘(i) in the case of a teacher who 6 teaches at a high-need public school, in- 7 cluding a high-need charter school, 8 $15,000 per year for each year the teacher 9 serves as a member of the Corps; and 10 ‘‘(ii) in the case of a teacher who 11 teaches at a public school, including a 12 charter school, that is not a high-need 13 school, $5,000 per year for each year the 14 teacher serves as a member of the Corps; 15 ‘‘(3) provide research-based professional devel- 16 opment activities for members of the STEM Master 17 Teacher Corps, as described in section 4224(b)(6), 18 and track the effectiveness of such professional de- 19 velopment in order to determine whether to alter 20 professional development activities; 21 ‘‘(4) provide discretionary resources for STEM 22 Master Teacher Corps members at high-need public 23 schools to use in their classrooms and schools, in- 24 cluding for after school activities to enrich STEM 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00624 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 625 •S 1094 IS education and for equipment and technology to fa- 1 cilitate long distance networking, mentoring, and 2 sharing of best practices; 3 ‘‘(5) assist in coordinating instructional leader- 4 ship roles for STEM Master Teacher Corps mem- 5 bers and mentoring relationships between STEM 6 Master Teacher Corps members and other teachers 7 in the same school, school district, State, if part of 8 the participating area, or consortium in which the 9 Corps members serve as instructional leaders; 10 ‘‘(6) facilitate efforts by STEM Master Teacher 11 Corps members to inform STEM education policy at 12 the national, State, and local levels; 13 ‘‘(7) help defray costs associated with affording 14 STEM Master Teacher Corps members the time to 15 fulfill their duties as Corps members; and 16 ‘‘(8) support other activities that advance the 17 purpose of this subpart. 18 ‘‘(b) SELECTING MEMBERS OF THE STEM MASTER 19 TEACHER CORPS.— 20 ‘‘(1) SELECTION CRITERIA FOR CORPS MEM- 21 BERS.—The eligible entity shall select, as members 22 of the STEM Master Teacher Corps, exemplary 23 STEM teachers at the elementary school and sec- 24 ondary school levels who teach in the participating 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00625 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 626 •S 1094 IS area, which may also include special education 1 teachers and teachers of English learners who teach 2 a STEM subject. In selecting the members, the eligi- 3 ble entity shall— 4 ‘‘(A) make decisions based on the teach- 5 er’s— 6 ‘‘(i) ability to improve student aca- 7 demic achievement in the STEM fields, as 8 demonstrated by, if applicable, student 9 academic growth in such fields; 10 ‘‘(ii) ability to enhance student en- 11 gagement in such fields; 12 ‘‘(iii) record of leadership in the 13 teacher’s school and involvement in profes- 14 sional and outreach activities; 15 ‘‘(iv) record of teaching students not 16 on grade level or not making sufficient 17 growth to graduate college and career 18 ready; and 19 ‘‘(v) demonstrated ability to facilitate 20 student academic achievement growth with 21 the students described in clause (iv), where 22 such measures are available; and 23 ‘‘(B) evaluate the teacher’s ability and 24 record based on multiple measures, such as— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00626 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 627 •S 1094 IS ‘‘(i) teacher evaluations of pedagogical 1 skills; 2 ‘‘(ii) an assessment of content knowl- 3 edge; 4 ‘‘(iii) the performance and improve- 5 ment of the teacher’s students on tests; 6 ‘‘(iv) demonstration of practical pro- 7 fessional experience in the teacher’s dis- 8 cipline, such as having worked in industry 9 or research; 10 ‘‘(v) involvement in STEM discipline 11 professional societies; 12 ‘‘(vi) STEM outreach and community 13 involvement; and 14 ‘‘(vii) certification by the National 15 Board for Professional Teaching Stand- 16 ards, or other equivalently rigorous, per- 17 formance-based, peer-reviewed certification, 18 as a high-performing teacher. 19 ‘‘(2) OVERALL CORPS MEMBERSHIP REQUIRE- 20 MENTS.—An eligible entity receiving a grant under 21 this subpart shall ensure that— 22 ‘‘(A) not more than 5 percent of the 23 STEM teachers who teach in the participating 24 area are members of the Corps; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00627 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 628 •S 1094 IS ‘‘(B) not less than 75 percent of the 1 STEM Master Teacher Corps members are 2 teachers at high-need schools; 3 ‘‘(C) the proportion of STEM Master 4 Teacher Corps members in the participating 5 area who teach at rural high-need schools is not 6 less than the proportion of all teachers who 7 teach at rural high-need schools in the partici- 8 pating area; 9 ‘‘(D) there are multiple cohorts of STEM 10 Master Teacher Corps members; and 11 ‘‘(E) the STEM Master Teacher Corps in- 12 cludes teachers from each of science, tech- 13 nology, engineering, and mathematics, if teach- 14 ers from each of these disciplines meeting the 15 standards of Corps membership are available in 16 the participating area and may include teachers 17 of career and technical education. 18 ‘‘(3) PARTICIPATION OF PRIVATE SCHOOL 19 TEACHERS.—An eligible entity may select STEM 20 teachers who teach at private schools in the partici- 21 pating area to be members of the STEM Master 22 Teacher Corps, except that— 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00628 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 629 •S 1094 IS ‘‘(A) not more than 5 percent of teachers 1 selected as STEM Master Teacher Corps mem- 2 bers shall be teachers at private schools; and 3 ‘‘(B) private school teachers shall not be 4 eligible for compensation described in sub- 5 section (a)(2), discretionary resource funds de- 6 scribed in subsection (a)(4), or for defrayment 7 funds described in subsection (a)(7). 8 ‘‘(c) CORPS MEMBER REQUIREMENTS.—Each teach- 9 er selected to be a member of the STEM Master Teacher 10 Corps who wishes to join the Corps shall enter into an 11 agreement with the eligible entity, under which the teacher 12 shall, as a condition of receiving the compensation de- 13 scribed in subsection (a)(2) and the discretionary re- 14 sources described in subsection (a)(4), agree to carry out 15 the responsibilities of a master teacher as required by the 16 eligible entity, including— 17 ‘‘(1) participating in professional development 18 activities offered by the program; 19 ‘‘(2) networking and sharing best practices and 20 educational resources with other members of the 21 STEM Master Teacher Corps; and 22 ‘‘(3) contributing to the professional develop- 23 ment of the teacher’s colleagues, which may include 24 providing school-based professional support to other 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00629 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 630 •S 1094 IS STEM teachers through regular weekly professional 1 development sessions and individual coaching, where 2 possible, leading professional learning communities, 3 and taking on other instructional leadership roles in 4 the teacher’s school, district, State, if part of the 5 participating area, or consortium. 6 ‘‘(d) COLLECTION FOR NONCOMPLIANCE.— 7 ‘‘(1) MONITORING COMPLIANCE.—Each eligible 8 entity that receives a grant under this subpart shall 9 monitor whether each teacher the entity selects to be 10 a member of the STEM Master Teacher Corps is in 11 compliance with the Corps member requirements de- 12 scribed in subsection (c). 13 ‘‘(2) COLLECTION OF REPAYMENT.— 14 ‘‘(A) IN GENERAL.—A teacher selected to 15 be a member of the STEM Master Teacher 16 Corps shall repay the additional compensation 17 provided for a school year described in sub- 18 section (a)(2) to the eligible entity if— 19 ‘‘(i) the entity finds the teacher not in 20 compliance with the Corps member re- 21 quirements described in subsection (c) and 22 the entity determines the teacher should no 23 longer be a member of the Corps for such 24 year; or 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00630 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 631 •S 1094 IS ‘‘(ii) the teacher withdraws during 1 such year from membership in the Corps 2 without an accepted excuse, as determined 3 by the eligible entity. 4 ‘‘(B) COMPENSATION RETURNED TO THE 5 TREASURY.— 6 ‘‘(i) IN GENERAL.—Except as pro- 7 vided in clause (ii), an eligible entity that 8 receives repaid compensation under sub- 9 paragraph (A) shall return such compensa- 10 tion to the United States Treasury. 11 ‘‘(ii) ADMINISTRATIVE COSTS.—An el- 12 igible entity that receives repaid compensa- 13 tion under subparagraph (A) may retain a 14 percentage, determined by the Secretary, 15 of such repayment to defray administrative 16 costs associated with the collection. 17 ‘‘SEC. 4226. PERFORMANCE METRICS; REPORT. 18 ‘‘(a) ESTABLISHMENT OF PERFORMANCE 19 METRICS.—The Secretary, acting through the Director of 20 the Institute of Education Sciences, shall establish per- 21 formance metrics to evaluate the effectiveness of the ac- 22 tivities carried out under this subpart. 23 ‘‘(b) ANNUAL REPORT.—Each eligible entity that re- 24 ceives a grant under this subpart shall prepare and submit 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00631 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 632 •S 1094 IS an annual report to the Secretary, which shall include in- 1 formation relevant to the performance metrics described 2 in subsection (a). 3 ‘‘SEC. 4227. SUPPLEMENT NOT SUPPLANT. 4 ‘‘Funds received under this subpart shall be used to 5 supplement, and not supplant, funds that would otherwise 6 be used for activities authorized under this subpart. 7 ‘‘SEC. 4228. EVALUATION. 8 ‘‘From the amount reserved in accordance with sec- 9 tion 9601, the Secretary shall— 10 ‘‘(1) acting through the Director of the Insti- 11 tute of Education Sciences, and in consultation with 12 the Director of the National Science Foundation— 13 ‘‘(A) evaluate the implementation and im- 14 pact of the activities supported under this sub- 15 part, with regard to the program’s success in 16 achieving the purpose described in section 4221; 17 ‘‘(B) identify optimal strategies for the de- 18 sign, implementation, and continuing develop- 19 ment of the STEM Master Teacher Corps pro- 20 gram; and 21 ‘‘(C) identify best practices for developing, 22 supporting, and retaining STEM teachers based 23 on lessons learned from the STEM Master 24 Teacher Corps program; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00632 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 633 •S 1094 IS ‘‘(2) disseminate findings from the evaluation 1 conducted under paragraph (1) to the STEM edu- 2 cation field and make the findings publicly avail- 3 able.’’. 4 SEC. 4104. INCREASING ACCESS TO A WELL-ROUNDED EDU- 5 CATION. 6 Title IV (20 U.S.C. 7101 et seq.) is amended by in- 7 serting after part B, as added by section 4103 of this Act, 8 the following: 9 ‘‘PART C—INCREASING ACCESS TO A WELL- 10 ROUNDED EDUCATION AND FINANCIAL LIT- 11 ERACY 12 ‘‘Subpart 1—Increasing Access to a Well-rounded 13 Education 14 ‘‘SEC. 4301. PURPOSE. 15 ‘‘The purpose of this subpart is to improve the aca- 16 demic achievement of low-income students by giving stu- 17 dents increased access to high-quality instruction for a 18 well-rounded education. 19 ‘‘SEC. 4302. DEFINITIONS. 20 ‘‘In this subpart: 21 ‘‘(1) COVERED SUBJECTS.—The term ‘covered 22 subjects’ means any of the following academic sub- 23 jects: 24 ‘‘(A) Arts. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00633 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 634 •S 1094 IS ‘‘(B) Civics and government. 1 ‘‘(C) Economics. 2 ‘‘(D) Environmental education. 3 ‘‘(E) Financial literacy. 4 ‘‘(F) Foreign languages. 5 ‘‘(G) Geography. 6 ‘‘(H) Health education. 7 ‘‘(I) History. 8 ‘‘(J) Music. 9 ‘‘(K) Physical education. 10 ‘‘(L) Social studies. 11 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en- 12 tity’ means a State educational agency in partner- 13 ship with— 14 ‘‘(A) a nonprofit organization with a dem- 15 onstrated record of success in improving stu- 16 dent achievement in 1 or more covered subjects; 17 ‘‘(B) an institution of higher education; 18 ‘‘(C) a local educational agency; 19 ‘‘(D) an educational service agency; or 20 ‘‘(E) 1 or more other State educational 21 agencies. 22 ‘‘(3) ELIGIBLE SUBGRANTEE.—The term ‘eligi- 23 ble subgrantee’ means— 24 ‘‘(A) a high-need local educational agency; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00634 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 635 •S 1094 IS ‘‘(B) an educational service agency serving 1 more than 1 high-need local educational agency; 2 or 3 ‘‘(C) a consortium of high-need local edu- 4 cational agencies. 5 ‘‘(4) LOW-INCOME STUDENT.—The term ‘low- 6 income student’ means a student— 7 ‘‘(A) from a family with an income below 8 the poverty line; or 9 ‘‘(B) who is eligible for free or reduced- 10 price lunch under the Richard B. Russell Na- 11 tional School Lunch Act (42 U.S.C. 1751 et 12 seq.). 13 ‘‘SEC. 4303. GRANT PROGRAM. 14 ‘‘(a) GRANTS TO ELIGIBLE ENTITIES.—From 15 amounts appropriated to carry out this subpart for a fiscal 16 year, and not reserved in accordance with section 9601, 17 the Secretary shall make grants to eligible entities to en- 18 able the eligible entities to carry out the activities de- 19 scribed in subsection (e). 20 ‘‘(b) DURATION.—A grant under this section shall be 21 for a period of not more than 5 years. 22 ‘‘(c) PAYMENTS.— 23 ‘‘(1) CONTINGENT PAYMENTS.—After the third 24 year of a grant under this section, the Secretary 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00635 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 636 •S 1094 IS shall make continued funding under the grant con- 1 tingent upon the eligible entity’s progress toward 2 reaching the goals established under the metrics de- 3 scribed in subsection (h)(1). 4 ‘‘(2) FORMULA.— 5 ‘‘(A) DISTRIBUTION TRIGGER.— 6 ‘‘(i) AMOUNT TO TRIGGER FOR- 7 MULA.—If the amount of funds appro- 8 priated to carry out this subpart for a fis- 9 cal year equals or exceeds $500,000,000, 10 then the Secretary shall award grants to 11 eligible entities based on the formula de- 12 scribed under subparagraph (B). 13 ‘‘(ii) AMOUNT TO TRIGGER COMPETI- 14 TIVE GRANT PROCESS.—If the funds ap- 15 propriated to carry out this subpart for a 16 fiscal year are less than $500,000,000, 17 then the Secretary shall award grants to 18 eligible entities on a competitive basis. 19 ‘‘(B) FORMULA.—From funds made avail- 20 able to carry out this subpart for a fiscal year, 21 and not reserved in accordance with section 22 9601, the Secretary shall allot to each eligible 23 entity having an application approved under 24 subparagraph (C)— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00636 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 637 •S 1094 IS ‘‘(i) an amount that bears the same 1 relationship to 80 percent of the remainder 2 as the number of individuals ages 5 3 through 17 from families with incomes 4 below the poverty line, in the State, as de- 5 termined by the Secretary on the basis of 6 the most recent satisfactory data, bears to 7 the number of those individuals in all 8 States that have an application approved 9 under such subparagraph; and 10 ‘‘(ii) an amount that bears the same 11 relationship to 20 percent of the remainder 12 as the number of individuals ages 5 to 17 13 in the State, as determined by the Sec- 14 retary on the basis of the most recent sat- 15 isfactory data, bears to the number of 16 those individuals in all States that have an 17 application approved under such subpara- 18 graph. 19 ‘‘(C) EXCEPTIONS.— 20 ‘‘(i) MINIMUM GRANT AMOUNT.—Sub- 21 ject to clause (ii), no State receiving an al- 22 lotment under subparagraph (B) may re- 23 ceive less than 1 percent of the total 24 amount allotted under such subparagraph. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00637 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 638 •S 1094 IS ‘‘(ii) PUERTO RICO.—The percentage 1 of the amount allotted under subparagraph 2 (B) that is allotted to the Commonwealth 3 of Puerto Rico for a fiscal year may not 4 exceed the amount under clause (i). 5 ‘‘(D) PEER REVIEW REQUIREMENTS.—The 6 Secretary shall establish a peer review process 7 to ensure that applications submitted for for- 8 mula funding, as described in subparagraph 9 (B), are of high quality and meet the require- 10 ments and purposes of this subpart. 11 ‘‘(d) APPLICATION.— 12 ‘‘(1) IN GENERAL.—Each eligible entity desir- 13 ing a grant under this section shall submit an appli- 14 cation to the Secretary at such time, in such man- 15 ner, and accompanied by such information as the 16 Secretary may require. 17 ‘‘(2) CONTENTS.—The application shall, at a 18 minimum— 19 ‘‘(A) describe the needs identified by the 20 eligible entity, based on the eligible entity’s 21 analysis of— 22 ‘‘(i) student access to, and quality of 23 instruction in, covered subjects, including a 24 comparison of such access and quality be- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00638 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 639 •S 1094 IS tween low-income and non-low-income stu- 1 dents in the State served by the eligible en- 2 tity; 3 ‘‘(ii) the capacity of high-need local 4 educational agencies in such State to de- 5 liver high-quality instruction in covered 6 subjects, including an analysis of instruc- 7 tional supports, curricula, professional 8 growth and improvement systems, and 9 teacher qualifications, effectiveness, knowl- 10 edge, and skills; 11 ‘‘(iii) the capacity of the eligible entity 12 to provide local educational agencies with 13 the support, including professional develop- 14 ment and technical assistance, needed to 15 deliver high-quality instruction and develop 16 curricula in covered subjects; and 17 ‘‘(iv) standards, assessments, cur- 18 ricula, accommodations, and other sup- 19 ports used in such State in covered sub- 20 jects; 21 ‘‘(B) identify the covered subjects that the 22 eligible entity will address through the activities 23 described in subsection (e), consistent with the 24 needs identified in subparagraph (A); 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00639 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 640 •S 1094 IS ‘‘(C) describe, in a manner that addresses 1 the needs identified in subparagraph (A)— 2 ‘‘(i) how access to high-quality courses 3 in the subjects identified in subparagraph 4 (B) will be increased for low-income stu- 5 dents in such State; 6 ‘‘(ii) how the knowledge and skills of 7 teachers will be evaluated and improved so 8 that such teachers will deliver high-quality 9 instruction in such subjects; 10 ‘‘(iii) how the eligible entity will pro- 11 vide assistance to high-need local edu- 12 cational agencies to improve student access 13 to, and achievement in, the subjects identi- 14 fied in subparagraph (B), including 15 through principal training; and 16 ‘‘(iv) how the eligible entity will en- 17 sure that all activities funded through a 18 grant awarded under this section are evi- 19 dence-based; 20 ‘‘(D) describe how activities funded 21 through a grant awarded under this section will 22 be aligned with other Federal, State, and local 23 funding, programs, and strategies, as appro- 24 priate; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00640 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 641 •S 1094 IS ‘‘(E) if applicable, describe the eligible en- 1 tity’s plan for disbursing funds to eligible sub- 2 grantees to implement the activities described 3 in subsection (e). 4 ‘‘(3) COMPETITIVE PRIORITY.—If grants are 5 awarded competitively, consistent with subsection 6 (c)(2)(A)(ii), the Secretary shall give priority to ap- 7 plications from eligible entities that— 8 ‘‘(A) include in the application a plan to 9 implement an interdisciplinary approach, by in- 10 tegrating instruction in 1 or more covered sub- 11 jects with reading, English, language arts, 12 science, or mathematics instruction; and 13 ‘‘(B) include in the application a plan to 14 provide expanded learning time in the schools 15 served by eligible subgrantees, in order to in- 16 crease access to covered subjects. 17 ‘‘(e) AUTHORIZED ACTIVITIES.— 18 ‘‘(1) IN GENERAL.—Each eligible entity that re- 19 ceives a grant under this section shall use the grant 20 funds to increase access for low-income students, in- 21 cluding students who are English learners and stu- 22 dents who are children with disabilities, to high-qual- 23 ity instruction in at least 1 of the covered subjects 24 by carrying out 1 or more of the following activities: 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00641 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 642 •S 1094 IS ‘‘(A) Improving the knowledge and skills of 1 teachers through professional growth and im- 2 provement systems, and other instructional sup- 3 ports. 4 ‘‘(B) Building local capacity to develop and 5 implement, high-quality curricula, instructional 6 supports, and assessments that are aligned with 7 the State college and career ready academic 8 content and achievement standards, consistent 9 with section 1111(a)(1), in such subjects. 10 ‘‘(2) SPECIAL RULE.—Each eligible entity that 11 receives a grant under this section shall use grant 12 funds to meet the needs identified in subsection 13 (d)(2)(A) and the Secretary shall not require any eli- 14 gible entity to address a specific subject or to ad- 15 dress all covered subjects. 16 ‘‘(3) STATE ADMINISTRATION.—Each eligible 17 entity that receives a grant under this section may 18 reserve not more than 4 percent of grant funds for 19 administration costs of the grant. 20 ‘‘(f) SUBGRANTS.— 21 ‘‘(1) IN GENERAL.—Each eligible entity that re- 22 ceives a grant under this section may, in accordance 23 with paragraph (2), award subgrants, on a competi- 24 tive basis, to eligible subgrantees to enable such eli- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00642 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 643 •S 1094 IS gible subgrantees to carry out the activities de- 1 scribed in subsection (e). 2 ‘‘(2) MINIMUM GRANT.—Each subgrant under 3 this subsection shall be of sufficient size and scope 4 to support a high-quality, effective program that is 5 consistent with the purpose of this subpart. 6 ‘‘(g) EVALUATION.—From the amount reserved in 7 accordance with section 9601, the Secretary shall— 8 ‘‘(1) acting through the Director of the Insti- 9 tute of Education Sciences— 10 ‘‘(A) evaluate, in consultation with the rel- 11 evant program office at the Department of 12 Education, the implementation and impact of 13 the activities supported under this section, in- 14 cluding progress as measured by the metrics es- 15 tablished under subsection (h)(1); and 16 ‘‘(B) identify best practices to improve in- 17 struction in covered subjects; and 18 ‘‘(2) disseminate research on best practices to 19 improve instruction in covered subjects. 20 ‘‘(h) ACCOUNTABILITY.— 21 ‘‘(1) PERFORMANCE METRICS.—The Secretary, 22 acting through the Director of the Institute of Edu- 23 cation Sciences, shall, in consultation with the rel- 24 evant program office at the Department, establish 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00643 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 644 •S 1094 IS performance metrics to evaluate the outcomes of 1 grant projects that are assisted under this subpart. 2 ‘‘(2) ANNUAL REPORTS.—Each eligible entity 3 that receives a grant under this section shall prepare 4 and submit an annual report to the Secretary, which 5 shall include information about the performance 6 metrics described in paragraph (1). 7 ‘‘(i) SUPPLEMENT NOT SUPPLANT.—An eligible enti- 8 ty shall use Federal funds received under this section only 9 to supplement the funds that would, in the absence of such 10 Federal funds, be made available from other Federal and 11 non-Federal sources for the activities described in this sec- 12 tion, and not to supplement such funds. 13 ‘‘(j) MAINTENANCE OF EFFORT.—A State that re- 14 ceives assistance under this subpart shall maintain the fis- 15 cal effort provided by the State for the subjects supported 16 by a grant under this subpart at a level equal to or greater 17 than the level of such fiscal effort for the preceding fiscal 18 year. 19 ‘‘Subpart 2—Financial Literacy Education 20 ‘‘SEC. 4311. SHORT TITLE. 21 ‘‘This subpart may be cited as the ‘Financial Literacy 22 for Students Act’. 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00644 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 645 •S 1094 IS ‘‘SEC. 4312. STATEWIDE INCENTIVE GRANTS FOR FINAN- 1 CIAL LITERACY EDUCATION. 2 ‘‘(a) GRANTS AUTHORIZED.—From amounts made 3 available under this subpart, the Secretary may award 4 grants to State educational agencies to enable State edu- 5 cational agencies, on a statewide basis— 6 ‘‘(1) to integrate financial literacy education 7 into each public elementary school and public sec- 8 ondary school within the State that is eligible to re- 9 ceive funds under title I; and 10 ‘‘(2) to provide professional development re- 11 garding the teaching of financial literacy in core aca- 12 demic subjects to each secondary school teacher of 13 financial literacy or entrepreneurship within the 14 State. 15 ‘‘(b) PERMISSIBLE USES OF FUNDS.—In carrying 16 out the grant activities described in subsection (a), the 17 State educational agency may use grant funds to— 18 ‘‘(1) implement school-based financial literacy 19 activities, including after school activities; 20 ‘‘(2) enhance student understanding and experi- 21 ential learning with consumer, economic, entrepre- 22 neurship, and personal finance concepts; and 23 ‘‘(3) promote partnerships with community- 24 based organizations, financial institutions, local busi- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00645 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 646 •S 1094 IS nesses, entrepreneurs, or other organizations pro- 1 viding financial literacy activities. 2 ‘‘(c) LIMITATION ON USES OF FUNDS.—A State edu- 3 cational agency receiving grant funds under this section 4 shall not use more than 20 percent of such grant funds 5 to carry out the following: 6 ‘‘(1) Teacher professional development pro- 7 grams to embed financial literacy or personal finance 8 or entrepreneurship education into core academic 9 subjects. 10 ‘‘(2) Curriculum development. 11 ‘‘(3) An evaluation of the impact of financial 12 literacy or personal finance education on students’ 13 understanding of financial literacy concepts. 14 ‘‘(d) MATCHING FUNDS.—A State educational agen- 15 cy that receives a grant under this section shall provide 16 matching funds, from non-Federal sources, in an amount 17 equal to 25 percent of the amount of grant funds provided 18 to the State to carry out the activities supported by the 19 grant.’’. 20 SEC. 4105. SUCCESSFUL, SAFE, AND HEALTHY STUDENTS. 21 Title IV (20 U.S.C. 7101 et seq.) is amended by in- 22 serting after part C, as added by section 4104 of this Act, 23 the following: 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00646 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 647 •S 1094 IS ‘‘PART D—SUCCESSFUL, SAFE, AND HEALTHY 1 STUDENTS 2 ‘‘SEC. 4401. PURPOSE. 3 ‘‘The purpose of this part is to assist States and local 4 educational agencies in developing and implementing com- 5 prehensive programs and strategies to foster positive con- 6 ditions for learning in public schools, in order to increase 7 academic achievement for all students through the provi- 8 sion of Federal assistance to States for the— 9 ‘‘(1) promotion of student physical health and 10 well-being, nutrition, and fitness; 11 ‘‘(2) promotion of student mental health and 12 well-being; 13 ‘‘(3) prevention of school violence, harassment, 14 and substance abuse among students; and 15 ‘‘(4) promotion of safe and supportive schools. 16 ‘‘SEC. 4402. DEFINITIONS. 17 ‘‘In this part: 18 ‘‘(1) CHILD AND ADOLESCENT PSYCHIA- 19 TRIST.—The term ‘child and adolescent psychiatrist’ 20 means an individual who— 21 ‘‘(A) possesses State medical licensure; and 22 ‘‘(B) has completed residency training pro- 23 grams in both general psychiatry and child and 24 adolescent psychiatry. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00647 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 648 •S 1094 IS ‘‘(2) CONDITIONS FOR LEARNING.—The term 1 ‘conditions for learning’ means conditions that— 2 ‘‘(A) advance student achievement and 3 positive child and youth development by 4 proactively supporting schools; 5 ‘‘(B) are applied in and around the school 6 building, on pathways to and from the school 7 and students’ homes, at school-sponsored activi- 8 ties, and through electronic and social media in- 9 volving students or school personnel; 10 ‘‘(C) promote physical, mental, and emo- 11 tional health; 12 ‘‘(D) ensure physical and emotional safety 13 for students and staff; 14 ‘‘(E) promote social, emotional, and char- 15 acter development; and 16 ‘‘(F) have the following attributes: 17 ‘‘(i) Provide opportunities for physical 18 activity, good nutrition, and healthy living. 19 ‘‘(ii) Prevent the use and abuse of 20 drugs. 21 ‘‘(iii) ensure that the school environ- 22 ments described in subparagraph (B) 23 are— 24 ‘‘(I) free of weapons; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00648 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 649 •S 1094 IS ‘‘(II) free of harassment, abuse, 1 dating violence, and all other forms of 2 interpersonal aggression or violence. 3 ‘‘(iv) Do not condone or tolerate 4 unhealthy or harmful behaviors, including 5 discrimination of any kind. 6 ‘‘(v) Help staff and students to model 7 positive social and emotional skills, includ- 8 ing tolerance and respect for others. 9 ‘‘(vi) Promote concern for the well- 10 being of students, including through the 11 presence of caring adults. 12 ‘‘(vii) Ensure that the adults em- 13 ployed by the school— 14 ‘‘(I) have high expectations for 15 student conduct, character, and aca- 16 demic achievement and the capacity to 17 establish supportive relationships with 18 students; and 19 ‘‘(II) are provided specialized 20 training specific to the students’ 21 stages of development. 22 ‘‘(viii) Engage families and commu- 23 nity members with the school in meaning- 24 ful and sustained ways, such as through 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00649 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 650 •S 1094 IS case management services, to promote 1 positive student academic achievement, de- 2 velopmental, and social growth, including 3 non-cognitive skill development. 4 ‘‘(ix) To the extent practicable, pro- 5 vide access to school nurses, school coun- 6 selors, and school social workers for the 7 promotion of student physical health, men- 8 tal health, and well-being. 9 ‘‘(3) CONTROLLED SUBSTANCE.—The term 10 ‘controlled substance’ means a drug or other sub- 11 stance identified under Schedule I, II, III, IV, or V 12 of section 202(c) of the Controlled Substances Act 13 (21 U.S.C. 812(c)). 14 ‘‘(4) DRUG.—The term ‘drug’ includes— 15 ‘‘(A) a controlled substance; 16 ‘‘(B) with respect to alcohol and tobacco, 17 the illegal use of such substances; and 18 ‘‘(C) with respect to inhalants and anabolic 19 steroids, the harmful, abusive, or addictive use 20 of such substances. 21 ‘‘(5) DRUG AND VIOLENCE PREVENTION.—The 22 term ‘drug and violence prevention’ means— 23 ‘‘(A) with respect to drugs, prevention, 24 early intervention, rehabilitation referral, or 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00650 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 651 •S 1094 IS education related to the abuse and illegal use of 1 drugs, in order to— 2 ‘‘(i) raise awareness about the costs 3 and consequences of drug use and abuse; 4 ‘‘(ii) change attitudes, perceptions, 5 and social norms about the dangers and 6 acceptability of alcohol, tobacco, and 7 drugs; and 8 ‘‘(iii) reduce access to and use of alco- 9 hol, tobacco, and drugs; and 10 ‘‘(B) with respect to violence, the pro- 11 motion of school safety in and around the 12 school building, on pathways to and from the 13 school and students’ homes, at school-sponsored 14 activities, and through electronic and social 15 media involving students or school personnel, 16 through the creation and maintenance of a 17 school environment that— 18 ‘‘(i) is free of— 19 ‘‘(I) weapons; 20 ‘‘(II) violent and disruptive acts; 21 ‘‘(III) harassment; 22 ‘‘(IV) sexual harassment, dating 23 violence, and abuse; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00651 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 652 •S 1094 IS ‘‘(V) victimization associated 1 with prejudice and intolerance; 2 ‘‘(ii) fosters individual responsibility 3 and respect for the rights and dignity of 4 others; 5 ‘‘(iii) employs positive, preventative 6 approaches to school discipline, such as 7 schoolwide positive behavior supports and 8 interventions and restorative justice, that 9 improve student engagement while mini- 10 mizing students’ removal from instruction 11 and reducing the frequency of discipline in- 12 fractions and disparities among the sub- 13 groups of students described in section 14 1116(b)(1)(B); and 15 ‘‘(iv) demonstrates preparedness and 16 readiness to respond to, and recover from, 17 incidents of school violence. 18 ‘‘(6) ELIGIBLE LOCAL APPLICANT.—The term 19 ‘eligible local applicant’ means— 20 ‘‘(A) a local educational agency; 21 ‘‘(B) a consortium of local educational 22 agencies; or 23 ‘‘(C) a nonprofit organization that has a 24 track record of success in implementing the ac- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00652 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 653 •S 1094 IS tivities proposed in the grant application and 1 has signed a memorandum of understanding 2 with a local educational agency or consortium 3 of local educational agencies that the organiza- 4 tion will, upon receipt of a subgrant under this 5 part— 6 ‘‘(i) implement school-based activities 7 and programs described in section 8 4404(i)(1)(A)(iii) in 1 or more schools 9 served by the local educational agency or 10 consortium; and 11 ‘‘(ii) conduct school-level measurement 12 of conditions for learning that are con- 13 sistent with the State’s conditions for 14 learning measurement system under sec- 15 tion 4404(h). 16 ‘‘(7) HARASSMENT.—The term ‘harassment’ 17 means conduct, including bullying, that— 18 ‘‘(A) is sufficiently severe, persistent, or 19 pervasive to limit or interfere with a student’s 20 ability to participate in or benefit from a pro- 21 gram or activity of a public school or edu- 22 cational agency, including acts of verbal, non- 23 verbal, or physical aggression, intimidation, or 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00653 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 654 •S 1094 IS hostility, and communications made available 1 through electronic means; and 2 ‘‘(B) is based on— 3 ‘‘(i) a student’s actual or perceived 4 race, color, national origin, sex, disability, 5 sexual orientation, gender identity, or reli- 6 gion; 7 ‘‘(ii) the actual or perceived race, 8 color, national origin, sex, disability, sexual 9 orientation, gender identity, or religion of 10 a person with whom a student associates 11 or has associated; or 12 ‘‘(iii) any other distinguishing charac- 13 teristics that may be enumerated by a 14 State or local educational agency. 15 ‘‘(8) OTHER QUALIFIED PSYCHOLOGIST.—The 16 term ‘other qualified psychologist’ means an indi- 17 vidual who has demonstrated competence in coun- 18 seling children in a school setting and who— 19 ‘‘(A) is licensed in psychology by the State 20 in which the individual works; and 21 ‘‘(B) practices in the scope of the individ- 22 ual’s education, training, and experience with 23 children in school settings. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00654 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 655 •S 1094 IS ‘‘(9) PHYSICAL EDUCATION INDICATORS.—The 1 term ‘physical education indicators’ means a set of 2 measures for instruction on physical activity, health- 3 related fitness, physical competence, and cognitive 4 understanding about physical activity. Such indica- 5 tors shall include— 6 ‘‘(A) for the State, for each local edu- 7 cational agency in the State, and for each ele- 8 mentary school and secondary school in the 9 State, the average number of minutes per week 10 (averaged over the school year) that all students 11 spend in required physical education, and the 12 average number of minutes per week (averaged 13 over the school year) that all students engage in 14 moderate to vigorous physical activity, as meas- 15 ured against established recommended guide- 16 lines of the Centers for Disease Control and 17 Prevention and the Department of Health and 18 Human Services; 19 ‘‘(B) for the State, the percentage of local 20 educational agencies that have a required, age- 21 appropriate physical education curriculum that 22 adheres to Centers for Disease Control and 23 Prevention guidelines and State standards; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00655 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 656 •S 1094 IS ‘‘(C) for the State, for each local edu- 1 cational agency in the State, and for each ele- 2 mentary school and secondary school in the 3 State, the percentage of elementary school and 4 secondary school physical education teachers 5 who are licensed or certified in the State to 6 teach physical education; 7 ‘‘(D) for the State, and for each local edu- 8 cational agency in the State, the percentage of 9 elementary schools and secondary schools that 10 have a physical education teacher who is cer- 11 tified or licensed to teach physical education 12 and adapted physical education in the State; 13 ‘‘(E) for each school in the State, the num- 14 ber of indoor square feet and the number of 15 outdoor square feet used primarily for physical 16 education; and 17 ‘‘(F) for the State, the percentage of local 18 educational agencies that have a school wellness 19 council that— 20 ‘‘(i) includes members appointed by 21 the local educational agency super- 22 intendent; 23 ‘‘(ii) may include parents, students, 24 representatives of the school food author- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00656 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 657 •S 1094 IS ity, representatives of the school board, 1 school administrators, school nurses, and 2 members of the public; and 3 ‘‘(iii) meets regularly to promote a 4 healthy school environment. 5 ‘‘(10) PRESCRIPTION DRUG.—The term ‘pre- 6 scription drug’ means a drug (as defined in section 7 201(g)(1) of the Federal Food, Drug, and Cosmetic 8 Act (21 U.S.C. 321(g)(1)) that is described in sec- 9 tion 503(b)(1) of such Act (21 U.S.C. 353(b)(1))). 10 ‘‘(11) PROGRAMS TO PROMOTE MENTAL 11 HEALTH.—The term ‘programs to promote mental 12 health’ means programs that— 13 ‘‘(A) develop students’ social and emotional 14 competencies; 15 ‘‘(B) link students with local mental health 16 systems by— 17 ‘‘(i) enhancing, improving, or devel- 18 oping collaborative efforts between school- 19 based service systems and mental health 20 service systems to provide, enhance, or im- 21 prove prevention, diagnosis, and treatment 22 services to students, and to improve stu- 23 dent social and emotional competencies; 24 ‘‘(ii) enhancing the availability of— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00657 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 658 •S 1094 IS ‘‘(I) crisis intervention services; 1 ‘‘(II) appropriate referrals for 2 students potentially in need of mental 3 health services, including suicide pre- 4 vention; and 5 ‘‘(III) ongoing mental health 6 services; and 7 ‘‘(iii) providing services that establish 8 or expand school counseling and mental 9 health programs that— 10 ‘‘(I) are comprehensive in ad- 11 dressing the counseling, social, emo- 12 tional, behavioral, mental health, and 13 educational needs of all students; 14 ‘‘(II) use a developmental, pre- 15 ventive approach to counseling and 16 mental health services; 17 ‘‘(III) are linguistically appro- 18 priate and culturally responsive; 19 ‘‘(IV) increase the range, avail- 20 ability, quantity, and quality of coun- 21 seling and mental health services in 22 the elementary schools and secondary 23 schools of the local educational agen- 24 cy; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00658 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 659 •S 1094 IS ‘‘(V) expand counseling and men- 1 tal health services through— 2 ‘‘(aa) school counselors, 3 school social workers, school psy- 4 chologists, other qualified psy- 5 chologists, child and adolescent 6 psychiatrists, or other qualified 7 health or mental health profes- 8 sionals, such as school nurses; 9 and 10 ‘‘(bb) school-based mental 11 health services partnership pro- 12 grams; 13 ‘‘(VI) use innovative approaches 14 to— 15 ‘‘(aa) increase children’s un- 16 derstanding of peer and family 17 relationships, work and self, deci- 18 sionmaking, or academic and ca- 19 reer planning; or 20 ‘‘(bb) improve peer inter- 21 action; 22 ‘‘(VII) provide counseling and 23 mental health services in settings that 24 meet the range of student needs; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00659 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 660 •S 1094 IS ‘‘(VIII) include professional de- 1 velopment appropriate to the activities 2 covered in this paragraph for teach- 3 ers, school leaders, instructional staff, 4 and appropriate school personnel, in- 5 cluding training in appropriate identi- 6 fication and early intervention tech- 7 niques by school counselors, school so- 8 cial workers, school psychologists, 9 other qualified psychologists, child 10 and adolescent psychiatrists, or other 11 qualified health professionals, such as 12 school nurses; 13 ‘‘(IX) ensure a team approach to 14 school counseling and mental health 15 services in the schools served by the 16 local educational agency; 17 ‘‘(X) demonstrate that the local 18 educational agency is working to- 19 ward— 20 ‘‘(aa) a 1:250 ratio of school 21 counselors to students, as rec- 22 ommended by the American 23 School Counselor Association; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00660 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 661 •S 1094 IS ‘‘(bb) a 1:250 ratio of school 1 social workers to students, as 2 recommended by the School So- 3 cial Work Association of Amer- 4 ica; 5 ‘‘(cc) a 1:700 ratio of school 6 psychologists to students, as rec- 7 ommended by the National Asso- 8 ciation of School Psychologists; 9 and 10 ‘‘(dd) a 1:750 ratio of school 11 nurses to students in the general 12 population, a 1:225 ratio for stu- 13 dents requiring daily professional 14 school nursing services, and a 15 1:125 ratio for students with 16 complex needs, as recommended 17 by the National Association of 18 School Nurses; and 19 ‘‘(XI) ensure that school coun- 20 selors, school psychologists, other 21 qualified psychologists, school social 22 workers, or child and adolescent psy- 23 chiatrists paid from funds made avail- 24 able under the programs spend a ma- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00661 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 662 •S 1094 IS jority of their time counseling or pro- 1 viding mental health services to stu- 2 dents or in other activities directly re- 3 lated to counseling or providing such 4 services; 5 ‘‘(C) provide training for the school per- 6 sonnel, health professionals (such as school 7 nurses), and mental health professionals who 8 will participate in the programs; and 9 ‘‘(D) provide technical assistance and con- 10 sultation to school systems, mental health agen- 11 cies, and families participating in the programs. 12 ‘‘(12) PROGRAMS TO PROMOTE PHYSICAL AC- 13 TIVITY, EDUCATION, AND FITNESS, AND NUTRI- 14 TION.—The term ‘programs to promote physical ac- 15 tivity, education, and fitness, and nutrition’ means 16 programs that— 17 ‘‘(A) increase and enable active student 18 participation in physical well-being activities 19 and provide teacher and school leader profes- 20 sional development to encourage and increase 21 such participation; 22 ‘‘(B) are comprehensive in nature; 23 ‘‘(C) include opportunities for professional 24 development for teachers of physical education 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00662 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 663 •S 1094 IS to stay abreast of the latest research, issues, 1 and trends in the field of physical education; 2 and 3 ‘‘(D) include 1 or more of the following ac- 4 tivities: 5 ‘‘(i) Fitness education and assessment 6 to help students understand, improve, or 7 maintain their physical well-being. 8 ‘‘(ii) Instruction in a variety of motor 9 skills and physical activities designed to 10 enhance the physical, mental, social, and 11 emotional development of every student. 12 ‘‘(iii) Development of, and instruction 13 in, cognitive concepts about motor skill and 14 physical fitness that support a lifelong 15 healthy lifestyle. 16 ‘‘(iv) Opportunities to develop positive 17 social and cooperative skills through phys- 18 ical activity. 19 ‘‘(v) Instruction in healthy eating hab- 20 its and good nutrition. 21 ‘‘(13) SCHOOL-BASED MENTAL HEALTH SERV- 22 ICES PARTNERSHIP PROGRAM.—The term ‘school- 23 based mental health services partnership program’ 24 means a program that— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00663 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 664 •S 1094 IS ‘‘(A) includes a public or private mental 1 health entity or health care entity and may in- 2 clude a child welfare agency, family-based men- 3 tal health entity, family organization, trauma 4 network, or other community-based entity; 5 ‘‘(B) provides comprehensive school-based 6 mental health services and supports; 7 ‘‘(C) provides comprehensive staff develop- 8 ment for school and community service per- 9 sonnel working in the school; 10 ‘‘(D) includes the early identification of so- 11 cial, emotional, or behavioral problems, or sub- 12 stance use disorders, and the provision of early 13 intervening services; 14 ‘‘(E) provides for the treatment or referral 15 for treatment of students with social, emotional, 16 or behavioral health problems, or substance use 17 disorders; 18 ‘‘(F) includes the development and imple- 19 mentation of programs to assist children in 20 dealing with trauma and violence; 21 ‘‘(G) includes the development of mecha- 22 nisms, based on best practices, for children to 23 report incidents of violence or plans by other 24 children or adults to commit violence; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00664 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 665 •S 1094 IS ‘‘(H) is based on trauma-informed and evi- 1 dence-based practices; 2 ‘‘(I) is coordinated, where appropriate, 3 with early intervening services carried out 4 under the Individuals with Disabilities Edu- 5 cation Act; and 6 ‘‘(J) is provided by qualified mental and 7 behavioral health professionals who are certified 8 or licensed by the State involved and practicing 9 within their area of expertise. 10 ‘‘(14) SCHOOL COUNSELOR.—The term ‘school 11 counselor’ means an individual who has documented 12 competence in counseling children and adolescents in 13 a school setting and who— 14 ‘‘(A) is licensed by the State or certified by 15 an independent professional regulatory author- 16 ity; 17 ‘‘(B) in the absence of such State licensure 18 or certification, possesses national certification 19 in school counseling or a specialty of counseling 20 granted by an independent professional organi- 21 zation; or 22 ‘‘(C) holds a minimum of a master’s de- 23 gree in school counseling from a program ac- 24 credited by the Council for Accreditation of 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00665 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 666 •S 1094 IS Counseling and Related Educational Programs 1 or the equivalent. 2 ‘‘(15) SCHOOL HEALTH INDICATORS.—The 3 term ‘school health indicators’ means a set of meas- 4 urements for determining the number of students 5 seen in the school health office with, or for, social 6 and emotional disturbances, abuse and neglect, sub- 7 stance use disorders, acute and chronic illness, and 8 oral and visual health issues, (to the extent the 9 school health office has applicable information), and 10 the number of student deaths on school property, if 11 any. 12 ‘‘(16) SCHOOL NURSE.—The term ‘school 13 nurse’ means a graduate of an accredited school of 14 nursing program who is licensed by the State as a 15 registered nurse. 16 ‘‘(17) SCHOOL PSYCHOLOGIST.—The term 17 ‘school psychologist’ means an individual who— 18 ‘‘(A) has completed a minimum of 60 19 graduate semester hours in school psychology 20 from an institution of higher education and has 21 completed 1,200 clock hours in a supervised 22 school psychology internship, of which 600 23 hours are in the school setting; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00666 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 667 •S 1094 IS ‘‘(B) is licensed or certified in school psy- 1 chology by the State in which the individual 2 works; or 3 ‘‘(C) in the absence of such State licensure 4 or certification, possesses national certification 5 by the National School Psychology Certification 6 Board. 7 ‘‘(18) SCHOOL SOCIAL WORKER.—The term 8 ‘school social worker’ means an individual who— 9 ‘‘(A) holds a master’s degree in social work 10 from a program accredited by the Council on 11 Social Work Education; and 12 ‘‘(B)(i) is licensed or certified by the State 13 in which services are provided; or 14 ‘‘(ii) in the absence of such State licensure 15 or certification, possesses a national credential 16 or certification as a school social work specialist 17 granted by an independent professional organi- 18 zation. 19 ‘‘SEC. 4403. ALLOCATION OF FUNDS. 20 ‘‘From amounts made available to carry out this part, 21 the Secretary shall allocate— 22 ‘‘(1) in each year for which funding is made 23 available to carry out this part, not more than 2 per- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00667 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 668 •S 1094 IS cent of such amounts for technical assistance and 1 evaluation; 2 ‘‘(2) for the first 3 years for which funding is 3 made available to carry out this part— 4 ‘‘(A) except as provided in subparagraph 5 (B)— 6 ‘‘(i) not more than 30 percent of such 7 amounts or $30,000,000, whichever 8 amount is more, for State conditions for 9 learning measurement systems grants, dis- 10 tributed to every State (by an application 11 process consistent with section 4404(d)) in 12 an amount proportional to each State’s 13 share of funding under part A of title I, to 14 develop or improve the State’s conditions 15 for learning measurement system described 16 in section 4404(h), and to conduct a needs 17 analysis to meet the requirements of sec- 18 tion 4404(d)(2)(D); and 19 ‘‘(ii) not more than 68 percent of such 20 amounts for Successful, Safe, and Healthy 21 Students State Grants under section 4404; 22 and 23 ‘‘(B) for any fiscal year for which the 24 amount remaining available after funds are re- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00668 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 669 •S 1094 IS served under paragraph (1) is less than 1 $30,000,000, all of such remainder for the 2 State conditions for learning measurement sys- 3 tems grants described in subparagraph (A)(i); 4 and 5 ‘‘(3) for the fourth year and each subsequent 6 year for which funding is made available to carry 7 out this part, not less than 98 percent of such 8 amounts for Successful, Safe, and Healthy Students 9 State Grants under section 4404. 10 ‘‘SEC. 4404. SUCCESSFUL, SAFE, AND HEALTHY STUDENTS 11 STATE GRANTS. 12 ‘‘(a) PURPOSE.—The purpose of this section is to 13 provide funding to eligible States to implement com- 14 prehensive programs that— 15 ‘‘(1) address conditions for learning in schools 16 in the State; and 17 ‘‘(2) are based on— 18 ‘‘(A) scientifically valid research; and 19 ‘‘(B) an analysis of need that considers, at 20 a minimum, the indicators in the State’s condi- 21 tions for learning measurement system de- 22 scribed in subsection (h). 23 ‘‘(b) STATE GRANTS.— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00669 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 670 •S 1094 IS ‘‘(1) IN GENERAL.—From amounts allocated 1 under section 4403 for Successful, Safe, and 2 Healthy Students State Grants, the Secretary shall 3 award grants to eligible States to carry out the pur- 4 pose of this section. 5 ‘‘(2) AWARDS TO STATES.— 6 ‘‘(A) FORMULA GRANTS.—Except as pro- 7 vided in subparagraph (B), if the total amount 8 allocated under section 4403 for Successful, 9 Safe, and Healthy Students State Grants for a 10 fiscal year is $500,000,000 or greater, the Sec- 11 retary shall allot to each State that meets the 12 eligibility requirements of subsection (c) with an 13 approved application an amount that bears the 14 same relationship to such total amount as the 15 amount received under part A of title I by such 16 eligible State for the preceding fiscal year bears 17 to the amount received under such part for the 18 preceding fiscal year by all eligible States. 19 ‘‘(B) MINIMUM STATE ALLOTMENT.— 20 ‘‘(i) IN GENERAL.—No State receiving 21 an allotment under subparagraph (A) may 22 receive less than one-half of 1 percent of 23 the total amount allotted under such sub- 24 paragraph. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00670 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 671 •S 1094 IS ‘‘(ii) PUERTO RICO.—The amount al- 1 lotted under subparagraph (A) to the Com- 2 monwealth of Puerto Rico for a fiscal year 3 may not exceed one-half of 1 percent of the 4 total amount allotted under such subpara- 5 graph for such fiscal year. 6 ‘‘(C) COMPETITIVE GRANTS.— 7 ‘‘(i) IN GENERAL.—If the total 8 amount allocated under section 4403 for 9 Successful, Safe, and Healthy Students 10 State Grants for a fiscal year is less than 11 $500,000,000, the Secretary shall award 12 grants under this section to States that 13 meet the eligibility requirements of sub- 14 section (c) on a competitive basis. 15 ‘‘(ii) SUFFICIENT SIZE AND SCOPE.— 16 In awarding grants on a competitive basis 17 pursuant to clause (i), the Secretary shall 18 ensure that grant awards are of sufficient 19 size and scope to carry out required and 20 approved activities under this section. 21 ‘‘(c) ELIGIBILITY.—To be eligible to receive a grant 22 under this section, a State shall demonstrate to the Sec- 23 retary that the State has— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00671 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 672 •S 1094 IS ‘‘(1) established a statewide physical education 1 requirement that is consistent with widely recognized 2 standards; and 3 ‘‘(2) required all local educational agencies in 4 the State to— 5 ‘‘(A) establish policies that prevent and 6 prohibit harassment in schools; and 7 ‘‘(B) provide— 8 ‘‘(i) annual notice to parents, stu- 9 dents, and educational professionals de- 10 scribing the full range of prohibited con- 11 duct contained in such local educational 12 agency’s discipline policies; and 13 ‘‘(ii) grievance procedures for students 14 or parents to register complaints regarding 15 the prohibited conduct contained in such 16 local educational agency’s discipline poli- 17 cies, including— 18 ‘‘(I) the name of the local edu- 19 cational agency official who is des- 20 ignated as responsible for receiving 21 such complaints; and 22 ‘‘(II) timelines that the local edu- 23 cational agency will follow in the reso- 24 lution of such complaints. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00672 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 673 •S 1094 IS ‘‘(d) APPLICATIONS.— 1 ‘‘(1) IN GENERAL.—A State that desires to re- 2 ceive a grant under this section shall submit an ap- 3 plication at such time, in such manner, and con- 4 taining such information as the Secretary may re- 5 quire. 6 ‘‘(2) CONTENT OF APPLICATION.—At a min- 7 imum, the application shall include— 8 ‘‘(A) documentation of the State’s eligi- 9 bility to receive a grant under this section, as 10 described in subsection (c); 11 ‘‘(B) an assurance that the policies used to 12 prohibit harassment in schools that are required 13 under subsection (c)(2)(A) emphasize alter- 14 natives to school suspension that minimize stu- 15 dents’ removal from grade-level instruction, pro- 16 mote mental health, and only allow out-of- 17 school punishments in severe or persistent 18 cases; 19 ‘‘(C) a plan for improving conditions for 20 learning in schools in the State in a manner 21 consistent with the requirements of this part 22 that may be a part of a broader statewide child 23 and youth plan, if such a plan exists and is con- 24 sistent with the requirements of this part; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00673 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 674 •S 1094 IS ‘‘(D) a needs analysis of the conditions for 1 learning in schools in the State, which— 2 ‘‘(i) shall include a description of, and 3 data measuring, the State’s conditions for 4 learning; and 5 ‘‘(ii) may be a part of a broader state- 6 wide child and youth needs analysis, if 7 such an analysis exists and is consistent 8 with the requirements of this part; 9 ‘‘(E) a description of how the activities the 10 State proposes to implement with grant funds 11 are responsive to the results of the needs anal- 12 ysis described in subparagraph (D); and 13 ‘‘(F) a description of how the State will— 14 ‘‘(i) develop, adopt, adapt, or improve 15 and implement the State’s conditions for 16 learning measurement system and how the 17 State will ensure that all local educational 18 agencies and schools in the State partici- 19 pate in such system; 20 ‘‘(ii) ensure the quality and validity of 21 the State’s conditions for learning data col- 22 lection, including the State’s plan for sur- 23 vey administration as required under sub- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00674 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 675 •S 1094 IS section (h)(2)(A) and for ensuring the reli- 1 ability and validity of survey instruments; 2 ‘‘(iii) coordinate the proposed activi- 3 ties with other Federal and State pro- 4 grams, including programs funded under 5 this part, which may include programs to 6 expand learning time and for before- and 7 after-school programming in order to pro- 8 vide sufficient time to carry out activities 9 described in this part; 10 ‘‘(iv) assist local educational agencies 11 to align activities with funds the agencies 12 receive under the program with other fund- 13 ing sources in order to support a coherent 14 and nonduplicative program; 15 ‘‘(v) solicit and approve subgrant ap- 16 plications, including how the State will— 17 ‘‘(I) allocate funds for statewide 18 activities and subgrants for each year 19 of the grant, consistent with allocation 20 requirements under subsection (i)(2); 21 and 22 ‘‘(II) consider the results of the 23 needs analysis described in subpara- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00675 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 676 •S 1094 IS graph (D) in the State’s distribution 1 of subgrants; 2 ‘‘(vi) address the needs of diverse geo- 3 graphic areas in the State, including rural 4 and urban communities; 5 ‘‘(vii) provide assistance to local edu- 6 cational agencies and schools in their ef- 7 forts to prevent and appropriately respond 8 to incidents of harassment, including build- 9 ing the capacity of such agencies and 10 schools to educate family and community 11 members regarding the agencies’ and 12 schools’ respective roles in preventing and 13 responding to such incidents; and 14 ‘‘(viii) provide assistance to local edu- 15 cational agencies and schools in their ef- 16 forts to implement positive, preventative 17 approaches to school discipline, such as 18 schoolwide positive behavior supports and 19 interventions and restorative justice, that 20 improve student engagement while mini- 21 mizing students’ removal from instruction 22 and reducing the frequency of discipline in- 23 fractions and disciplinary disparities 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00676 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 677 •S 1094 IS among the subgroups of students described 1 in section 1116(b)(2)(B); 2 ‘‘(ix) provide assistance to local edu- 3 cational agencies and schools in their ef- 4 forts to increase the provision of physical 5 activity and physical education opportuni- 6 ties during the school day and implement 7 programs to promote physical activity, edu- 8 cation, and fitness, and nutrition; and 9 ‘‘(x) provide assistance to local edu- 10 cational agencies and schools in their ef- 11 forts to improve access to State-licensed or 12 State-certified school counselors, school 13 psychologists, and school social workers or 14 other State-licensed or State–certified 15 mental health professional qualified under 16 State law to provide mental health services 17 to students in schools. 18 ‘‘(3) REVIEW PROCESS.—The Secretary shall 19 establish a peer review process to review applications 20 submitted under this subsection. 21 ‘‘(e) DURATION.— 22 ‘‘(1) IN GENERAL.—A State that receives a 23 grant under this section may receive funding for not 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00677 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 678 •S 1094 IS more than 5 years in accordance with this sub- 1 section. 2 ‘‘(2) INITIAL PERIOD.—The Secretary shall 3 award grants under this section for an initial period 4 of not more than 3 years. 5 ‘‘(3) GRANT EXTENSION.—The Secretary may 6 extend a grant awarded to a State under this section 7 for not more than an additional 2 years if the State 8 shows sufficient improvement, as determined by the 9 Secretary, against baseline data for the performance 10 metrics established under subsection (j). 11 ‘‘(f) RESERVATION AND USE OF FUNDS.—A State 12 that receives a grant under this section shall— 13 ‘‘(1) reserve not more than 10 percent of the 14 grant funds for administration of the program, tech- 15 nical assistance, and the development, improvement, 16 and implementation of the State’s conditions for 17 learning measurement system, as described in sub- 18 section (h); and 19 ‘‘(2) use the remainder of grant funds after 20 making the reservation under paragraph (1) to 21 award subgrants, on a competitive basis, to eligible 22 local applicants. 23 ‘‘(g) REQUIRED STATE ACTIVITIES.—A State that 24 receives a grant under this section shall— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00678 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 679 •S 1094 IS ‘‘(1) not later than 1 year after receipt of the 1 grant, develop, adapt, improve, or adopt and imple- 2 ment the statewide conditions for learning measure- 3 ment system described in subsection (h) (unless the 4 State can demonstrate, to the satisfaction of the 5 Secretary, that an appropriate system has already 6 been implemented) that annually measures the 7 State’s progress in the conditions for learning for 8 every public school in the State; 9 ‘‘(2) collect information in each year of the 10 grant on the conditions for learning at the school- 11 building level through comprehensive needs assess- 12 ments of student, school staff, and family percep- 13 tions, experiences, and behaviors; 14 ‘‘(3) collect annual incident data at the school- 15 building level that are accurate and complete; 16 ‘‘(4) publicly report, at the local educational 17 agency and school level, the data collected in the 18 State’s conditions for learning measurement system, 19 described in subsection (h), each year in a timely 20 and highly accessible manner, and in a manner that 21 does not reveal personally identifiable information; 22 ‘‘(5) use, on a continuous basis, the results of 23 the data collected in the State’s conditions for learn- 24 ing measurement system to— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00679 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 680 •S 1094 IS ‘‘(A) identify and address conditions for 1 learning statewide; 2 ‘‘(B) help subgrantees identify and address 3 school and student needs; and 4 ‘‘(C) provide individualized assistance to 5 low-performing schools identified under section 6 1116 and schools with significant conditions for 7 learning weaknesses; 8 ‘‘(6) encourage local educational agencies to— 9 ‘‘(A) integrate physical activity, education, 10 and fitness into a range of subjects throughout 11 the school day and locations within schools; 12 ‘‘(B) encourage consultation with a variety 13 of stakeholders, including families, students, 14 school officials, and other organizations with 15 wellness and physical activity, education, and 16 fitness expertise; and 17 ‘‘(C) regularly monitor schools’ efforts in 18 improving wellness and physical activity, edu- 19 cation, and fitness understanding and habits 20 among students; 21 ‘‘(7) encourage local educational agencies to— 22 ‘‘(A) integrate healthy eating and nutrition 23 education into various times of the school day 24 and locations within schools to encourage con- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00680 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 681 •S 1094 IS sultation with a variety of stakeholders, includ- 1 ing families, students, school officials, and other 2 organizations with nutrition education exper- 3 tise; and 4 ‘‘(B) regularly monitor schools’ efforts in 5 improving nutrition understanding and healthy 6 eating among students; 7 ‘‘(8) encourage local educational agencies to im- 8 plement programs that expand student access to 9 State-licensed or State-certified school counselors, 10 school psychologists, and school social workers or 11 other State-licensed or State-certified mental health 12 professional that are qualified under State law to 13 provide mental health services to students in schools; 14 ‘‘(9) award subgrants, consistent with sub- 15 section (i), to eligible local applicants; and 16 ‘‘(10) monitor subgrants and provide technical 17 assistance to subgrantees on the implementation of 18 grant activities. 19 ‘‘(h) CONDITIONS FOR LEARNING MEASUREMENT 20 SYSTEM.— 21 ‘‘(1) IN GENERAL.—Each State that receives a 22 grant under this part shall establish a State report- 23 ing and information system that measures conditions 24 for learning in the State and is part of the State’s 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00681 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 682 •S 1094 IS system for reporting the data required under section 1 1111 and part of any State longitudinal data system 2 that links statewide elementary and secondary data 3 systems with early childhood, postsecondary, and 4 workforce data systems. 5 ‘‘(2) SYSTEM ACTIVITIES.—The State reporting 6 and information system described in paragraph (1) 7 shall— 8 ‘‘(A) contain, at a minimum, data from 9 valid and reliable surveys of students and staff 10 and the indicators in subparagraph (B) that 11 allow staff at the State, local educational agen- 12 cies, and schools to examine and improve 13 school-level conditions for learning; 14 ‘‘(B) collect school-level data on— 15 ‘‘(i) physical education indicators, as 16 applicable; 17 ‘‘(ii) individual student attendance 18 and truancy; 19 ‘‘(iii) in-school suspensions, out-of- 20 school suspensions, expulsions, referrals to 21 law enforcement, school-based arrests, and 22 disciplinary transfers (including place- 23 ments in alternative schools) by student; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00682 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 683 •S 1094 IS ‘‘(iv) the frequency, seriousness, and 1 incidence of violence and drug-related of- 2 fenses resulting in disciplinary action in el- 3 ementary schools and secondary schools in 4 the State; 5 ‘‘(v) the incidence and prevalence, age 6 of onset, perception of and actual health 7 risk, and perception of social disapproval 8 of drug use and violence, including harass- 9 ment, by youth and school personnel in 10 schools and communities; 11 ‘‘(vi) school health indicators, includ- 12 ing acute and chronic physical, mental, 13 and emotional health care needs; and 14 ‘‘(vii) student access to State-licensed 15 or State-certified school counselors, school 16 psychologists, and school social workers or 17 other State-licensed or State-certified men- 18 tal health professional qualified under 19 State law to provide such services to stu- 20 dents in schools, including staff-to-student 21 ratios; 22 ‘‘(C) collect and report data, including, at 23 a minimum, the data described in clauses (ii), 24 (iii), and (v) of subparagraph (B), in the aggre- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00683 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 684 •S 1094 IS gate and disaggregated by the categories of 1 race, ethnicity, gender, disability status, mi- 2 grant status, English proficiency, and status as 3 economically disadvantaged, and cross-tabulated 4 across all of such categories by gender and by 5 disability; 6 ‘‘(D) protect student privacy, consistent 7 with applicable data privacy laws and regula- 8 tions, including section 444 of the General Edu- 9 cation Provisions Act (20 U.S.C. 1232g, com- 10 monly known as the ‘Family Educational 11 Rights and Privacy Act of 1974’); and 12 ‘‘(E) to the extent practicable, utilize a 13 web-based reporting system. 14 ‘‘(3) COMPILING STATISTICS.—In compiling the 15 statistics required to measure conditions for learning 16 in the State— 17 ‘‘(A) the offenses described in paragraph 18 (2)(B)(iv) shall be defined pursuant to the 19 State’s criminal code, and aligned to the extent 20 practicable, with the Federal Bureau of Inves- 21 tigation’s Uniform Crime Reports categories, 22 but shall not identify victims of crimes or per- 23 sons accused of crimes; and the collected data 24 shall include incident reports by school officials, 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00684 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 685 •S 1094 IS anonymous student surveys, and anonymous 1 teacher surveys; 2 ‘‘(B) the performance metrics that are es- 3 tablished under subsection (j) shall be collected 4 and the performance on such metrics shall be 5 defined and reported uniformly statewide; 6 ‘‘(C) the State shall collect, analyze, and 7 use the data under subparagraph (2)(B) at 8 least annually; and 9 ‘‘(D) grant recipients and subgrant recipi- 10 ents shall use the data for planning and contin- 11 uous improvement of activities implemented 12 under this part, and may collect data for indi- 13 cators that are locally defined, and that are not 14 reported to the State, to meet local needs (so 15 long as such indicators are aligned with the 16 conditions for learning). 17 ‘‘(i) SUBGRANTS.— 18 ‘‘(1) IN GENERAL.— 19 ‘‘(A) AWARDING OF SUBGRANTS.—A State 20 that receives a grant under this section shall 21 award subgrants, on a competitive basis, to eli- 22 gible local applicants— 23 ‘‘(i) based on need as identified by— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00685 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 686 •S 1094 IS ‘‘(I) the State’s conditions for 1 learning measurement system de- 2 scribed in subsection (h); or 3 ‘‘(II) in the case of a State for 4 which the learning measurement sys- 5 tem described in subsection (h) is not 6 yet implemented, other data deter- 7 mined appropriate by the State; 8 ‘‘(ii) that are of sufficient size and 9 scope to enable the eligible local applicants 10 to carry out approved activities; and 11 ‘‘(iii) to implement programs that— 12 ‘‘(I) are comprehensive in nature; 13 ‘‘(II) are based on scientifically 14 valid research; 15 ‘‘(III) are consistent with achiev- 16 ing the conditions for learning for the 17 State; and 18 ‘‘(IV) address 1 or more of the 19 uses described in clauses (i) through 20 (iii) of paragraph (2)(A). 21 ‘‘(B) ASSISTANCE.—A State that receives 22 a grant under this section shall provide assist- 23 ance to subgrant applicants and recipients in 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00686 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 687 •S 1094 IS the selection of scientifically valid programs and 1 interventions. 2 ‘‘(C) PARTNERSHIPS ALLOWED.—An eligi- 3 ble local applicant may apply for a subgrant 4 under this subsection in partnership with 1 or 5 more community-based organizations. 6 ‘‘(2) ALLOCATION.— 7 ‘‘(A) IN GENERAL.—In awarding sub- 8 grants under this section, each State shall en- 9 sure that, for the aggregate of all subgrants 10 awarded by the State— 11 ‘‘(i) not less than 20 percent of 12 subgrant funds are used to carry out drug 13 and violence prevention; 14 ‘‘(ii) not less than 20 percent of 15 subgrant funds are used to carry out pro- 16 grams to promote mental health; and 17 ‘‘(iii) not less than 20 percent of 18 subgrant funds are used to carry out pro- 19 grams to promote physical activity, edu- 20 cation, and fitness, and nutrition. 21 ‘‘(B) RULE OF CONSTRUCTION.—Nothing 22 in this paragraph shall be construed to require 23 States, in making subgrants to eligible local ap- 24 plicants, to require the eligible local applicants 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00687 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 688 •S 1094 IS to use 20 percent of subgrant funds for each of 1 the uses described in clauses (i) through (iii) of 2 subparagraph (A). 3 ‘‘(3) APPLICATIONS.—An eligible local applicant 4 that desires to receive a subgrant under this sub- 5 section shall submit to the State an application at 6 such time, in such manner, and containing such in- 7 formation as the State may require. 8 ‘‘(4) PRIORITY.—In awarding subgrants under 9 this subsection, a State shall give priority to applica- 10 tions that— 11 ‘‘(A) demonstrate the greatest need, ac- 12 cording to the results of the State’s conditions 13 for learning surveys described in subsection 14 (h)(2); and 15 ‘‘(B) propose to serve schools with the 16 highest concentrations of poverty, based on the 17 percentage of students receiving or are eligible 18 to receive a free or reduced price lunch under 19 the Richard B. Russell National School Lunch 20 Act (42 U.S.C. 1751 et seq.). 21 ‘‘(5) ACTIVITIES OF SUBGRANT RECIPIENTS.— 22 Each recipient of a subgrant under this subsection 23 shall, for the duration of the subgrant— 24 ‘‘(A) carry out activities— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00688 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 689 •S 1094 IS ‘‘(i) the need for which has been iden- 1 tified— 2 ‘‘(I) at a minimum, through the 3 State’s conditions for learning meas- 4 urement system described in sub- 5 section (h); or 6 ‘‘(II) in the case of a State that 7 has not yet implemented the learning 8 measurement system described in sub- 9 section (h), through the State’s needs 10 analysis described in subsection 11 (d)(2)(D); and 12 ‘‘(ii) that are part of a comprehensive 13 strategy or framework to address such 14 need; and 15 ‘‘(iii) that include 1 or more of the 16 following: 17 ‘‘(I) Drug and violence preven- 18 tion. 19 ‘‘(II) Programs to promote men- 20 tal health. 21 ‘‘(III) Programs to promote 22 physical activity, education, and fit- 23 ness, and nutrition; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00689 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 690 •S 1094 IS ‘‘(B) ensure that each framework, inter- 1 vention, or program selected be based on sci- 2 entifically valid research and be used for the 3 purpose for which such framework, interven- 4 tion, or program was found to be effective; 5 ‘‘(C) use school-level data from the State’s 6 conditions for learning measurement system de- 7 scribed in subsection (h), to inform the imple- 8 mentation and continuous improvement of ac- 9 tivities carried out under this part; 10 ‘‘(D) use data from the statewide condi- 11 tions for learning measurement system to iden- 12 tify challenges outside of school or off school 13 grounds (including the need for safe passages 14 for students to and from school), and collabo- 15 rate with 1 or more community-based organiza- 16 tion to address such challenges; 17 ‘‘(E) collect, and report to the State edu- 18 cational agency, data for schools served by the 19 subgrant recipient, in a manner consistent with 20 the State’s conditions for learning measurement 21 system described in subsection (h); 22 ‘‘(F) establish policies to expand access to 23 quality physical activity opportunities, including 24 local school wellness policies; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00690 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 691 •S 1094 IS ‘‘(G) if the local educational agency to be 1 served through the grant does not have an ac- 2 tive school wellness council consistent with the 3 requirements of the Child Nutrition Act of 4 1966 (42 U.S.C. 1771 et seq.), establish such 5 a school wellness council, which may be part of 6 an existing school council that has the capacity 7 and willingness to address school wellness; 8 ‘‘(H) engage family members and commu- 9 nity-based organizations in the development of 10 conditions for learning surveys, and in the plan- 11 ning, implementation, and review of the 12 subgrant recipient’s efforts under this part; 13 ‘‘(I) consider and accommodate the unique 14 needs of students with disabilities and English 15 learners in implementing activities; and 16 ‘‘(J) establish policies to expand access to 17 quality counseling and mental health programs 18 and services. 19 ‘‘(j) ACCOUNTABILITY.— 20 ‘‘(1) ESTABLISHMENT OF PERFORMANCE 21 METRICS.—The Secretary, acting through the Direc- 22 tor of the Institute of Education Sciences, shall es- 23 tablish program performance metrics to measure the 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00691 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 692 •S 1094 IS effectiveness of the activities carried out under this 1 part. 2 ‘‘(2) ANNUAL REPORT.—Each State that re- 3 ceives a grant under this part shall prepare and sub- 4 mit an annual report to the Secretary, which shall 5 include information relevant to the conditions for 6 learning, including progress toward meeting out- 7 comes for the metrics established under paragraph 8 (1). 9 ‘‘(k) EVALUATION.—From the amount reserved in 10 accordance with section 9601, the Secretary, acting 11 through the Director of the Institute of Education 12 Sciences, shall conduct an evaluation of the impact of the 13 practices funded or disseminated under this section. 14 ‘‘SEC. 4405. TECHNICAL ASSISTANCE. 15 ‘‘From the amount allocated under section 4403(3), 16 the Secretary shall provide technical assistance to appli- 17 cants, recipients, and subgrant recipients of the programs 18 funded under this part. 19 ‘‘SEC. 4406. PROHIBITED USES OF FUNDS. 20 ‘‘No funds appropriated under this part may be used 21 to pay for— 22 ‘‘(1) school resource officer or other security 23 personnel salaries, metal detectors, security cameras, 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00692 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 693 •S 1094 IS or other security-related salaries, equipment, or ex- 1 penses; 2 ‘‘(2) drug testing programs; or 3 ‘‘(3) the development, establishment, implemen- 4 tation, or enforcement of zero-tolerance discipline 5 policies, other than those expressly required under 6 the Gun-Free Schools Act (20 U.S.C. 7151 et seq.). 7 ‘‘SEC. 4407. FEDERAL AND STATE NONDISCRIMINATION 8 LAWS. 9 ‘‘Nothing in this part shall be construed to invalidate 10 or limit nondiscrimination principles or rights, remedies, 11 procedures, or legal standards available to victims of dis- 12 crimination under any other Federal law or law of a State 13 or political subdivision of a State, including title VI of the 14 Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title 15 IX of the Education Amendments of 1972 (20 U.S.C. 16 1681 et seq.), section 504 or 505 of the Rehabilitation 17 Act of 1973 (29 U.S.C. 794 and 794a), or the Americans 18 with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). 19 The obligations imposed by this part are in addition to 20 those imposed by title VI of the Civil Rights Act of 1964 21 (42 U.S.C. 2000d et seq.), title IX of the Education 22 Amendments of 1972 (20 U.S.C. 1681 et seq.), section 23 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00693 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 694 •S 1094 IS and the Americans with Disabilities Act of 1990 (42 1 U.S.C. 12101 et seq.).’’. 2 SEC. 4106. STUDENT NON-DISCRIMINATION. 3 Title IV (20 U.S.C. 7101 et seq.) is amended by in- 4 serting after part D, as added by section 4105 of this Act, 5 the following: 6 ‘‘PART E—STUDENT NON-DISCRIMINATION 7 ‘‘SEC. 4501. SHORT TITLE. 8 ‘‘This part may be cited as the ‘Student Non-Dis- 9 crimination Act of 2013’. 10 ‘‘SEC. 4502. FINDINGS AND PURPOSES. 11 ‘‘(a) FINDINGS.—The Congress finds the following: 12 ‘‘(1) Public school students who are lesbian, 13 gay, bisexual, or transgender (referred to in this 14 part as ‘LGBT’), or are perceived to be LGBT, or 15 who associate with LGBT people, have been and are 16 subjected to pervasive discrimination, including har- 17 assment, bullying, intimidation, and violence, and 18 have been deprived of equal educational opportuni- 19 ties, in schools in every part of the Nation. 20 ‘‘(2) While discrimination of any kind is harm- 21 ful to students and to the education system, actions 22 that target students based on sexual orientation or 23 gender identity represent a distinct and severe prob- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00694 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 695 •S 1094 IS lem that remains inadequately addressed by current 1 Federal law. 2 ‘‘(3) Numerous social science studies dem- 3 onstrate that discrimination at school has contrib- 4 uted to high rates of absenteeism, academic under- 5 achievement, dropping out, and adverse physical and 6 mental health consequences among LGBT youth. 7 ‘‘(4) When left unchecked, discrimination in 8 schools based on sexual orientation or gender iden- 9 tity can lead, and has led, to life-threatening violence 10 and to suicide. 11 ‘‘(5) Public school students enjoy a variety of 12 constitutional rights, including rights to equal pro- 13 tection, privacy, and free expression, which are in- 14 fringed when school officials engage in or fail to take 15 prompt and effective action to stop discrimination on 16 the basis of sexual orientation or gender identity. 17 ‘‘(6) Provisions of Federal statutory law ex- 18 pressly prohibit discrimination on the basis of race, 19 color, sex, religion, disability, and national origin. 20 The Department of Education and the Department 21 of Justice, as well as numerous courts, have cor- 22 rectly interpreted the prohibitions on sex discrimina- 23 tion to include discrimination based on sex stereo- 24 types and gender identity, even when that sex-based 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00695 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 696 •S 1094 IS discrimination coincides or overlaps with discrimina- 1 tion based on sexual orientation. However, the ab- 2 sence of express Federal law prohibitions on dis- 3 crimination on the basis of sexual orientation and 4 gender identity has created unnecessary uncertainty 5 that risks limiting access to legal remedies under 6 Federal law for LGBT students and their parents. 7 ‘‘(b) PURPOSES.—The purposes of this part are— 8 ‘‘(1) to ensure that all students have access to 9 public education in a safe environment free from dis- 10 crimination, including harassment, bullying, intimi- 11 dation, and violence, on the basis of sexual orienta- 12 tion or gender identity; 13 ‘‘(2) to provide a comprehensive Federal prohi- 14 bition of discrimination in public schools based on 15 actual or perceived sexual orientation or gender 16 identity; 17 ‘‘(3) to provide meaningful and effective rem- 18 edies for discrimination in public schools based on 19 actual or perceived sexual orientation or gender 20 identity; 21 ‘‘(4) to invoke congressional powers, including 22 the power to enforce the 14th Amendment to the 23 Constitution and to provide for the general welfare 24 pursuant to section 8 of article I of the Constitution 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00696 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 697 •S 1094 IS and the power to make all laws necessary and proper 1 for the execution of the foregoing powers pursuant 2 to section 8 of article I of the Constitution, in order 3 to prohibit discrimination in public schools on the 4 basis of sexual orientation or gender identity; and 5 ‘‘(5) to allow the Department of Education and 6 the Department of Justice to effectively combat dis- 7 crimination based on sexual orientation and gender 8 identity in public schools, through regulation and en- 9 forcement, as the Departments have issued regula- 10 tions under and enforced title IX of the Education 11 Amendments of 1972 and other nondiscrimination 12 laws in a manner that effectively addresses discrimi- 13 nation. 14 ‘‘SEC. 4503. DEFINITIONS AND RULE. 15 ‘‘(a) DEFINITIONS.—For purposes of this part: 16 ‘‘(1) EDUCATIONAL AGENCY.—The term ‘edu- 17 cational agency’ means a local educational agency, 18 an educational service agency, and a State edu- 19 cational agency, as those terms are defined in sec- 20 tion 9101. 21 ‘‘(2) GENDER IDENTITY.—The term ‘gender 22 identity’ means the gender-related identity, appear- 23 ance, or mannerisms or other gender-related charac- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00697 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 698 •S 1094 IS teristics of an individual, with or without regard to 1 the individual’s designated sex at birth. 2 ‘‘(3) HARASSMENT.—The term ‘harassment’ 3 means conduct, including bullying, that is suffi- 4 ciently severe, persistent, or pervasive to limit or 5 interfere with a student’s ability to participate in or 6 benefit from a program or activity of a public school 7 or educational agency, including acts of verbal, non- 8 verbal, or physical aggression, intimidation, or hos- 9 tility, and communications made available through 10 electronic means, if such conduct is based on— 11 ‘‘(A) a student’s actual or perceived sexual 12 orientation or gender identity; or 13 ‘‘(B) the actual or perceived sexual ori- 14 entation or gender identity of a person with 15 whom a student associates or has associated. 16 ‘‘(4) PROGRAM OR ACTIVITY.—The terms ‘pro- 17 gram or activity’ and ‘program’ have the same 18 meanings given such terms as applied under section 19 606 of the Civil Rights Act of 1964 (42 U.S.C. 20 2000d–4a) to the operations of public entities under 21 paragraph (2)(B) of such section. 22 ‘‘(5) PUBLIC SCHOOL.—The term ‘public 23 school’ means an elementary school (as the term is 24 defined in section 9101) that is a public institution, 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00698 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 699 •S 1094 IS and a secondary school (as so defined) that is a pub- 1 lic institution. 2 ‘‘(6) SEXUAL ORIENTATION.—The term ‘sexual 3 orientation’ means homosexuality, heterosexuality, or 4 bisexuality. 5 ‘‘(7) STUDENT.—The term ‘student’ means an 6 individual within the age limits for which the State 7 provides free public education who is enrolled in a 8 public school or who, regardless of official enroll- 9 ment status, attends classes or participates in the 10 programs or activities of a public school or local edu- 11 cational agency. 12 ‘‘(b) RULE.—Consistent with Federal law, in this 13 part the term ‘includes’ means ‘includes but is not limited 14 to’. 15 ‘‘SEC. 4504. PROHIBITION AGAINST DISCRIMINATION. 16 ‘‘(a) IN GENERAL.—No student shall, on the basis 17 of actual or perceived sexual orientation or gender identity 18 of such individual or of a person with whom the student 19 associates or has associated, be excluded from participa- 20 tion in, be denied the benefits of, or be subjected to dis- 21 crimination under any program or activity if any part of 22 the program or activity receives Federal financial assist- 23 ance. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00699 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 700 •S 1094 IS ‘‘(b) HARASSMENT.—For purposes of this part, dis- 1 crimination includes harassment of a student on the basis 2 of actual or perceived sexual orientation or gender identity 3 of such student or of a person with whom the student as- 4 sociates or has associated. 5 ‘‘(c) RETALIATION PROHIBITED.— 6 ‘‘(1) PROHIBITION.—No person shall be ex- 7 cluded from participation in, be denied the benefits 8 of, or be subjected to discrimination, retaliation, or 9 reprisal under any program or activity receiving 10 Federal financial assistance based on the person’s 11 opposition to conduct made unlawful by this part. 12 ‘‘(2) DEFINITION.—For purposes of this sub- 13 section, ‘opposition to conduct made unlawful by this 14 part’ includes— 15 ‘‘(A) opposition to conduct believed to be 16 made unlawful by this part or conduct that 17 could be believed to become unlawful under this 18 part if allowed to continue; 19 ‘‘(B) any formal or informal report, wheth- 20 er oral or written, to any governmental entity, 21 including public schools and educational agen- 22 cies and employees of the public schools or edu- 23 cational agencies, regarding conduct made un- 24 lawful by this part, conduct believed to be made 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00700 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 701 •S 1094 IS unlawful by this part, or conduct that could be 1 believed to become unlawful under this part if 2 allowed to continue; 3 ‘‘(C) participation in any investigation, 4 proceeding, or hearing related to conduct made 5 unlawful by this part, conduct believed to be 6 made unlawful by this part, or conduct that 7 could be believed to become unlawful under this 8 part if allowed to continue; and 9 ‘‘(D) assistance or encouragement provided 10 to any other person in the exercise or enjoy- 11 ment of any right granted or protected by this 12 part, 13 if in the course of that opposition to conduct made 14 unlawful by this part, the person involved does not 15 purposefully provide information known to be mate- 16 rially false to any public school or educational agen- 17 cy or other governmental entity regarding conduct 18 made unlawful by this part, or conduct believed to 19 be made unlawful by this part, or conduct that could 20 be believed to become unlawful under this part if al- 21 lowed to continue. 22 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00701 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 702 •S 1094 IS ‘‘SEC. 4505. FEDERAL ADMINISTRATIVE ENFORCEMENT; RE- 1 PORT TO CONGRESSIONAL COMMITTEES. 2 ‘‘(a) REQUIREMENTS.—Each Federal department 3 and agency which is empowered to extend Federal finan- 4 cial assistance to any education program or activity, by 5 way of grant, loan, or contract other than a contract of 6 insurance or guaranty, is authorized and directed to effec- 7 tuate the provisions of section 4504 with respect to such 8 program or activity by issuing rules, regulations, or orders 9 of general applicability which shall be consistent with 10 achievement of the objectives of the statute authorizing 11 the financial assistance in connection with which the ac- 12 tion is taken. No such rule, regulation, or order shall be- 13 come effective unless and until approved by the President. 14 ‘‘(b) ENFORCEMENT.—Compliance with any require- 15 ment adopted pursuant to this section may be effected— 16 ‘‘(1) by the termination of or refusal to grant 17 or to continue assistance under such program or ac- 18 tivity to any recipient as to whom there has been an 19 express finding on the record, after opportunity for 20 hearing, of a failure to comply with such require- 21 ment, but such termination or refusal shall be lim- 22 ited to the particular political entity, or part thereof, 23 or other recipient as to whom such a finding has 24 been made, and shall be limited in its effect to the 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00702 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 703 •S 1094 IS particular program, or part thereof, in which such 1 noncompliance has been so found; or 2 ‘‘(2) by any other means authorized by law, 3 except that no such action shall be taken until the depart- 4 ment or agency concerned has advised the appropriate per- 5 son or persons of the failure to comply with the require- 6 ment and has determined that compliance cannot be se- 7 cured by voluntary means. 8 ‘‘(c) REPORTS.—In the case of any action termi- 9 nating, or refusing to grant or continue, assistance be- 10 cause of failure to comply with a requirement imposed 11 pursuant to this section, the head of the Federal depart- 12 ment or agency shall file with the committees of the House 13 of Representatives and Senate having legislative jurisdic- 14 tion over the program or activity involved a full written 15 report of the circumstances and the grounds for such ac- 16 tion. No such action shall become effective until 30 days 17 have elapsed after the filing of such report. 18 ‘‘SEC. 4506. PRIVATE CAUSE OF ACTION. 19 ‘‘(a) PRIVATE CAUSE OF ACTION.—Subject to sub- 20 section (c), and consistent with the cause of action recog- 21 nized under title VI of the Civil Rights Act of 1964 (42 22 U.S.C. 2000d et seq.) and title IX of the Education 23 Amendments of 1972 (20 U.S.C. 1681 et seq.), and their 24 implementing regulations, an aggrieved person may bring 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00703 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 704 •S 1094 IS an action in a court of competent jurisdiction, asserting 1 a violation of this part or the requirements adopted to ef- 2 fectuate this part. Aggrieved persons may be awarded all 3 appropriate relief, including equitable relief, compensatory 4 damages, and costs of the action. 5 ‘‘(b) RULE OF CONSTRUCTION.—This section shall 6 not be construed to preclude an aggrieved person from ob- 7 taining remedies under any other provision of law or to 8 require such person to exhaust any administrative com- 9 plaint process or notice of claim requirement before seek- 10 ing redress under this section. 11 ‘‘(c) STATUTE OF LIMITATIONS.—For actions 12 brought pursuant to this section, the statute of limitations 13 period shall be determined in accordance with section 14 1658(a) of title 28, United States Code. The tolling of 15 any such limitations period shall be determined in accord- 16 ance with the law governing actions under section 1979 17 of the Revised Statutes (42 U.S.C. 1983) in the State in 18 which the action is brought. 19 ‘‘SEC. 4507. CAUSE OF ACTION BY THE ATTORNEY GEN- 20 ERAL. 21 ‘‘The Attorney General is authorized to institute for 22 or in the name of the United States a civil action for a 23 violation of this part or the requirements adopted to effec- 24 tuate this part in any appropriate district court of the 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00704 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 705 •S 1094 IS United States against such parties and for such relief as 1 may be appropriate, including equitable relief and compen- 2 satory damages. Whenever a civil action is instituted for 3 a violation of this part, or the requirements adopted to 4 effectuate this part, the Attorney General may intervene 5 in such action upon timely application and shall be entitled 6 to the same relief as if the Attorney General had instituted 7 the action. Nothing in this part shall adversely affect the 8 right of any person to sue or obtain relief in any court 9 for any activity that violates this part, including require- 10 ments adopted to effectuate this part. 11 ‘‘SEC. 4508. STATE IMMUNITY. 12 ‘‘(a) STATE IMMUNITY.—A State shall not be im- 13 mune under the 11th Amendment to the Constitution 14 from suit in Federal court for a violation of this part or 15 the requirements adopted to effectuate this part. 16 ‘‘(b) WAIVER.—An educational agency’s, including a 17 State educational agency’s, receipt or use of Federal fi- 18 nancial assistance shall constitute a waiver of sovereign 19 immunity, under the 11th Amendment or otherwise, to a 20 suit brought by an aggrieved person for a violation of sec- 21 tion 4504 or the requirements adopted to effectuate sec- 22 tion 4504. 23 ‘‘(c) REMEDIES.—In a suit against a State for a vio- 24 lation of this part, remedies (including remedies both at 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00705 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 706 •S 1094 IS law and in equity) are available for such a violation to 1 the same extent as such remedies are available for such 2 a violation in the suit against any public or private entity 3 other than a State. 4 ‘‘SEC. 4509. ATTORNEY’S FEES. 5 ‘‘Section 722(b) of the Revised Statutes (42 U.S.C. 6 1988(b)) is amended by inserting ‘the Student Non-Dis- 7 crimination Act of 2013,’ after ‘Religious Land Use and 8 Institutionalized Persons Act of 2000,’. 9 ‘‘SEC. 4510. EFFECT ON OTHER LAWS. 10 ‘‘(a) FEDERAL AND STATE NONDISCRIMINATION 11 LAWS.—Nothing in this part or the requirements adopted 12 to effectuate this part shall be construed to preempt, inval- 13 idate, or limit rights, remedies, procedures, or legal stand- 14 ards available to victims of discrimination or retaliation, 15 under any other Federal law or law of a State or political 16 subdivision of a State, including titles IV and VI of the 17 Civil Rights Act of 1964 (42 U.S.C. 2000c et seq., 2000d 18 et seq.), title IX of the Education Amendments of 1972 19 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation 20 Act of 1973 (29 U.S.C. 794), the Americans with Disabil- 21 ities Act of 1990 (42 U.S.C. 12101 et seq.), or section 22 1979 of the Revised Statutes (42 U.S.C. 1983). The obli- 23 gations imposed by this part are in addition to those im- 24 posed by titles IV and VI of the Civil Rights Act of 1964 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00706 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 707 •S 1094 IS (42 U.S.C. 2000c et seq., 2000d et seq.), title IX of the 1 Education Amendments of 1972 (20 U.S.C. 1681 et seq.), 2 section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 3 794), the Americans with Disabilities Act of 1990 (42 4 U.S.C. 12101 et seq.), and section 1979 of the Revised 5 Statutes (42 U.S.C. 1983). 6 ‘‘(b) FREE SPEECH AND EXPRESSION LAWS AND RE- 7 LIGIOUS STUDENT GROUPS.—Nothing in this part shall 8 be construed to alter legal standards regarding, or affect 9 the rights available to individuals or groups under, other 10 Federal laws that establish protections for freedom of 11 speech and expression, such as legal standards and rights 12 available to religious and other student groups under the 13 First Amendment and the Equal Access Act (20 U.S.C. 14 4071 et seq.). 15 ‘‘SEC. 4511. SEVERABILITY. 16 ‘‘If any provision of this part, or any application of 17 such provision to any person or circumstance, is held to 18 be unconstitutional, the remainder of this part, and the 19 application of the provision to any other person or cir- 20 cumstance shall not be impacted. 21 ‘‘SEC. 4512. EFFECTIVE DATE. 22 ‘‘This part shall take effect 60 days after the date 23 of enactment of the Student Non-Discrimination Act of 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00707 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 708 •S 1094 IS 2013 and shall not apply to conduct occurring before the 1 effective date of this part.’’. 2 SEC. 4107. 21ST CENTURY COMMUNITY LEARNING CEN- 3 TERS. 4 Part F of title IV, as redesignated by section 4103(a) 5 of this Act, is amended— 6 (1) in section 4601, as redesignated by section 7 4103(a) of this Act— 8 (A) in subsection (a)— 9 (i) in the matter preceding paragraph 10 (1)— 11 (I) by striking ‘‘to provide’’ and 12 inserting ‘‘to assist States in pro- 13 viding’’; and 14 (II) by striking ‘‘communities’’ 15 and inserting ‘‘eligible entities’’; 16 (ii) in paragraph (1)— 17 (I) by inserting ‘‘students with 18 before school, after school, or summer 19 learning’’ after provide; 20 (II) by striking ‘‘, particularly 21 students’’; and 22 (III) by striking the comma after 23 ‘‘low-performing schools’’; 24 (iii) in paragraph (2)— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00708 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 709 •S 1094 IS (I) by inserting ‘‘who attend low- 1 performing schools’’ after ‘‘offer stu- 2 dents’’; and 3 (II) by striking ‘‘and’’ after the 4 semicolon; and 5 (iv) by striking paragraph (3) and in- 6 serting the following: 7 ‘‘(3) significantly increase the number of hours 8 in a regular school day, week, or year in order to 9 provide students with additional time for academic 10 work and for additional subjects and enrichment ac- 11 tivities that increase student achievement and en- 12 gagement; and 13 ‘‘(4) comprehensively redesign and implement 14 an expanded school day, expanded school week, or 15 expanded school year schedule for all students in a 16 high-need school, to provide additional time for— 17 ‘‘(A) instruction in core academic subjects; 18 ‘‘(B) instruction in additional subjects and 19 enrichment activities; and 20 ‘‘(C) teachers and staff to collaborate, 21 plan, and engage in professional development 22 within and across grades and subjects.’’; and 23 (B) in subsection (b)— 24 (i) in paragraph (1)— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00709 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 710 •S 1094 IS (I) in the matter preceding sub- 1 paragraph (A), by striking ‘‘that—’’ 2 and inserting ‘‘that provides 1 or 3 more of the following:’’; 4 (II) in subparagraph (A)— 5 (aa) by striking ‘‘assists’’ 6 and inserting ‘‘Before school, 7 after school, or summer learning 8 programs that assist’’; 9 (bb) by striking ‘‘(such as 10 before and after school or during 11 summer recess)’’ after ‘‘not in 12 session’’; and 13 (cc) by striking ‘‘; and’’ and 14 inserting a period; and 15 (III) by striking subparagraph 16 (B) and inserting the following: 17 ‘‘(B) Expanded learning time programs 18 that significantly increase the total number of 19 hours in a regular school day, week, or year, in 20 order to provide students with the greatest aca- 21 demic needs with— 22 ‘‘(i) additional time to participate in 23 academic activities that— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00710 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 711 •S 1094 IS ‘‘(I) are aligned with the instruc- 1 tion that such students receive during 2 the regular school day; and 3 ‘‘(II) are targeted to the aca- 4 demic needs of such students; and 5 ‘‘(ii) time to engage in enrichment 6 and other activities that complement the 7 academic program and contribute to a 8 well-rounded education, which may include 9 music and the arts, physical education, and 10 experiential and work-based learning op- 11 portunities. 12 ‘‘(C) Expanded learning time initiatives 13 that use an expanded school day, expanded 14 school week, or expanded school year schedule 15 to increase the total number of school hours for 16 the school year at a high-need school by not less 17 than 300 hours and redesign the school’s pro- 18 gram in a manner that includes additional 19 time— 20 ‘‘(i) for academic work, and to sup- 21 port innovation in teaching, in order to im- 22 prove the proficiency of participating stu- 23 dents, particularly struggling students, in 24 core academic subjects; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00711 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 712 •S 1094 IS ‘‘(ii) to advance student learning for 1 all students in all grades; 2 ‘‘(iii) for additional subjects and en- 3 richment activities that contribute to a 4 well-rounded education, which may include 5 music and the arts, physical education, and 6 experiential and work-based learning op- 7 portunities; and 8 ‘‘(iv) for teachers to engage in collabo- 9 ration and professional planning, within 10 and across grades and subjects.’’; 11 (ii) by striking paragraphs (2) and (3) 12 and inserting the following: 13 ‘‘(2) ELIGIBLE ENTITY.— 14 ‘‘(A) IN GENERAL.—The term ‘eligible en- 15 tity’ means a partnership of— 16 ‘‘(i) 1 or more high-need local edu- 17 cational agencies in partnership with 1 or 18 more public entities or nonprofit organiza- 19 tions with a demonstrated record of suc- 20 cess in designing and implementing before 21 school, after school, summer learning, or 22 expanded learning time activities; or 23 ‘‘(ii) 1 or more public entities or non- 24 profit organizations with a demonstrated 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00712 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 713 •S 1094 IS record of success in designing and imple- 1 menting before school, after school, sum- 2 mer learning, or expanded learning time 3 activities, in partnership with 1 or more 4 high-need local educational agencies. 5 ‘‘(B) SPECIAL RULE.—A State educational 6 agency shall deem a rural local educational 7 agency applying for a grant under section 4604 8 without a partnering public or nonprofit entity 9 to be an eligible entity if the rural local edu- 10 cational agency demonstrates that such agency 11 is unable to partner with a public or nonprofit 12 organization in reasonable geographic proximity 13 or of sufficient quality to meet the requirements 14 of this part.’’; and 15 (iii) by redesignating paragraph (4) as 16 paragraph (3); 17 (2) in section 4602, as redesignated by section 18 4103(a) of this Act— 19 (A) in subsection (a)— 20 (i) by striking ‘‘under section 4206’’ 21 and inserting ‘‘to carry out this part’’; 22 (ii) by striking paragraph (1); 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00713 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 714 •S 1094 IS (iii) by redesignating paragraphs (2) 1 and (3) as paragraphs (1) and (2), respec- 2 tively; and 3 (iv) in paragraph (2), as redesignated 4 by clause (iii), by striking ‘‘Bureau of In- 5 dian Affairs’’ and inserting ‘‘Bureau of In- 6 dian Education’’; 7 (B) in subsection (b)(1), by striking 8 ‘‘under section 4206’’ and inserting ‘‘to carry 9 out this part’’; and 10 (C) in subsection (c)— 11 (i) in paragraph (1), by striking 12 ‘‘4204’’ and inserting ‘‘4604’’; 13 (ii) in paragraph (2)— 14 (I) in subparagraph (B)— 15 (aa) by striking ‘‘responsible 16 for administering youth develop- 17 ment programs and adult learn- 18 ing activities’’ and inserting ‘‘as 19 applicable’’; and 20 (bb) by striking ‘‘4204(b)’’ 21 and inserting ‘‘4604(b)’’; and 22 (II) by striking the undesignated 23 matter following subparagraph (B) 24 and inserting the following: 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00714 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 715 •S 1094 IS ‘‘(C) supervising the awarding of funds to 1 eligible entities (in consultation with the Gov- 2 ernor and other State agencies responsible for 3 administering youth development programs and 4 adult learning activities).’’; and 5 (iii) in paragraph (3)— 6 (I) in subparagraph (A)— 7 (aa) by inserting ‘‘com- 8 prehensive’’ after ‘‘Monitoring 9 and’’; and 10 (bb) by inserting ‘‘(directly, 11 or through a grant or contract) 12 of the effectiveness’’ after ‘‘eval- 13 uation’’; 14 (II) by striking subparagraph (B) 15 and inserting the following: 16 ‘‘(B) Providing capacity building, training, 17 professional development, and technical assist- 18 ance under this part to eligible entities, relating 19 to activities such as— 20 ‘‘(i) coordinating activities carried out 21 under this part with other Federal, State, 22 and local programs so as to implement 23 high-quality programs; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00715 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 716 •S 1094 IS ‘‘(ii) aligning activities carried out 1 under this part with State academic con- 2 tent standards.’’; and 3 (III) by striking subparagraphs 4 (C) and (D); 5 (3) in section 4603(a), as redesignated by sec- 6 tion 4103(a) of this Act— 7 (A) in the matter preceding paragraph (1), 8 by striking ‘‘4202’’ and inserting ‘‘4602’’; 9 (B) in paragraph (3), by striking ‘‘serve— 10 ’’ through ‘‘subparagraph (A)’’ and inserting 11 ‘‘serve students who primarily attend high-need 12 schools and schools that are identified through 13 a State’s accountability and improvement sys- 14 tem under subsection (b) or (c)(2) of section 15 1116’’; 16 (C) in paragraph (4)— 17 (i) by inserting ‘‘the State’s rigorous, 18 high-quality competition for grants under 19 section 4204, including’’ after ‘‘describes’’; 20 and 21 (ii) by striking ‘‘, which shall include’’ 22 through ‘‘standards’’; 23 (D) by striking paragraph (5) and insert- 24 ing the following: 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00716 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 717 •S 1094 IS ‘‘(5) describes how the State educational agency 1 will ensure that awards made under this part are of 2 sufficient size and scope to support high-quality, ef- 3 fective programs that are consistent with the pur- 4 pose of this part;’’; 5 (E) by striking paragraph (7) and insert- 6 ing the following: 7 ‘‘(7) describes how the State educational agency 8 will assist eligible entities in coordinating funds re- 9 ceived through the grant with other funding 10 streams, in order to support a coherent and sustain- 11 able approach to funding and implementing pro- 12 grams and activities under this part and other pro- 13 grams under this Act;’’; 14 (F) in paragraph (8)(A), by striking ‘‘not 15 less than 3 years and not more than 5 years’’ 16 and inserting ‘‘not more than 3 years, and may 17 extend a grant for an additional period of not 18 more than 2 years if the eligible entity is 19 achieving the intended outcomes of the grant’’; 20 (G) in paragraph (10)— 21 (i) by inserting ‘‘, if any,’’ after 22 ‘‘transportation needs’’; and 23 (ii) by striking ‘‘4204(b)’’ and insert- 24 ing ‘‘4604(b)’’; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00717 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 718 •S 1094 IS (H) in paragraph (11), by striking ‘‘before 1 and after school (or summer school) programs, 2 the heads of the State health and mental health 3 agencies or their designees,’’ and inserting ‘‘be- 4 fore school, after school, summer learning, and 5 expanded learning time programs and initia- 6 tives,’’; 7 (I) in paragraph (12), by striking ‘‘before 8 and after school’’ and inserting ‘‘before school, 9 after school, summer learning, and expanded 10 learning time’’; 11 (J) in paragraph (13)— 12 (i) in the matter preceding subpara- 13 graph (A), by inserting ‘‘, on a regular 14 basis, and not less than every 3 years after 15 the receipt of the grant’’ after ‘‘will evalu- 16 ate’’; 17 (ii) by striking subparagraph (A) and 18 inserting the following: 19 ‘‘(A) a description of the benchmarks and 20 performance goals that will be used to hold eli- 21 gible entities accountable and to determine 22 whether to provide eligible entities receiving a 23 grant under section 4604 with an additional 2- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00718 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 719 •S 1094 IS year period of grant funding after the initial 3- 1 year grant; and’’; and 2 (iii) in subparagraph (B), by striking 3 ‘‘and’’ after the semicolon; 4 (K) in paragraph (14), by striking the pe- 5 riod at the end and inserting ‘‘; and’’; and 6 (L) by adding at the end the following: 7 ‘‘(15) contains an assurance that each eligible 8 entity that applies for an award under section 4604 9 shall have the flexibility to apply for funds to carry 10 out programs described in subparagraph (A), (B), or 11 (C) of section 4601(b)(1).’’; 12 (4) in section 4604, as redesignated by section 13 4103(a) of this Act— 14 (A) in subsection (a), by striking 15 ‘‘4202(c)(1)’’ and inserting ‘‘4602(c)(1)’’; 16 (B) in subsection (b)(2)— 17 (i) by striking subparagraph (A) and 18 inserting the following: 19 ‘‘(A) a description of the before school, 20 after school, summer learning, or expanded 21 learning time activities to be funded, includ- 22 ing— 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00719 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 720 •S 1094 IS ‘‘(i) evidence that research-based 1 strategies for student achievement and en- 2 gagement will be utilized in the program; 3 ‘‘(ii) as applicable, an explanation of 4 how the program will offer students— 5 ‘‘(I) academic instruction that is 6 aligned with the academic needs of 7 the students, including English learn- 8 ers and students with disabilities; and 9 ‘‘(II) engaging enrichment activi- 10 ties that are aligned with the develop- 11 mental needs and interests of the stu- 12 dents, and that contribute to a well- 13 rounded education; 14 ‘‘(iii) an assurance that the program 15 will take place in a safe learning environ- 16 ment and an easily accessible facility; 17 ‘‘(iv) if applicable, a description of 18 how students participating in the program 19 will travel safely to and from home; and 20 ‘‘(v) a description of how the eligible 21 entity will disseminate information about 22 the program to the community in a man- 23 ner that is understandable and acces- 24 sible;’’; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00720 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 721 •S 1094 IS (ii) in subparagraph (B)— 1 (I) by striking ‘‘activity’’ and in- 2 serting ‘‘program’’; and 3 (II) by adding at the end ‘‘and 4 help keep students on a path to make 5 sufficient academic growth’’; 6 (iii) by striking subparagraphs (L) 7 and (M); 8 (iv) by striking subparagraph (E) and 9 inserting the following: 10 ‘‘(E) as applicable, an explanation of how 11 the program will offer students— 12 ‘‘(i) academic instruction that is 13 aligned with the academic needs of the stu- 14 dents; and 15 ‘‘(ii) engaging enrichment activities 16 that are aligned with the developmental 17 needs and interests of the students, and 18 that contribute to a well-rounded edu- 19 cation;’’; 20 (v) in subparagraph (F), by striking 21 ‘‘schools eligible’’ and all that follows 22 through ‘‘such students’’ and inserting 23 ‘‘high-need schools and schools that are 24 identified through a State’s accountability 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00721 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 722 •S 1094 IS and improvement system under subsections 1 (b) or (c)(2) of section 1116’’; 2 (vi) by striking subparagraph (H) and 3 inserting the following: 4 ‘‘(H) a description of the capacity of the 5 eligible entity partners described in section 6 4601(b)(2)(A)(ii) to successfully implement the 7 program, including the quality and experience 8 of the management team of such partners;’’; 9 (vii) in subparagraph (I)— 10 (I) by striking ‘‘in the center’’; 11 and 12 (II) by striking ‘‘(including the 13 needs of working families)’’; 14 (viii) by striking subparagraph (J) 15 and inserting the following: 16 ‘‘(J) a description of the education and 17 training activities that program staff and teach- 18 ers, as applicable, have received or will receive 19 to effectively administer the proposed pro- 20 gram;’’; and 21 (ix) by redesignating subparagraph 22 (N) as subparagraph (L); 23 (C) by striking subsections (d) and (h) and 24 redesignating subsections (e) through (g) and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00722 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 723 •S 1094 IS (i) as subsections (d) through (f) and (g), re- 1 spectively; 2 (D) in subsection (f), as redesignated by 3 subparagraph (C), by striking ‘‘not less than 3 4 years and not more than 5 years’’ and inserting 5 ‘‘not more than 3 years, and may be extended 6 for an additional period of not more than 2 7 years, if an eligible entity is achieving the in- 8 tended outcomes of the grant’’; 9 (E) by striking subsection (g), as redesig- 10 nated by subparagraph (C), and inserting the 11 following: 12 ‘‘(g) PRIORITY.— 13 ‘‘(1) IN GENERAL.—In awarding grants under 14 this part, a State educational agency shall give pri- 15 ority to high-quality applications that— 16 ‘‘(A) are based on strong research evidence 17 for improving student learning, as measured by 18 student achievement and other measures of stu- 19 dent learning and development that are appro- 20 priate for, and aligned to, the program’s goals 21 and design; 22 ‘‘(B) propose to serve the highest percent- 23 age of students from low-income families; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00723 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 724 •S 1094 IS ‘‘(C) include a partnership agreement, 1 signed by each partner of the eligible entity, 2 that— 3 ‘‘(i) shows that the staff of each part- 4 ner are committed to work collaboratively 5 to implement the proposed activities, in- 6 cluding through coordinated planning, col- 7 laborative implementation, and joint pro- 8 fessional development and training oppor- 9 tunities; 10 ‘‘(ii) sets clear expectations, including 11 measurable goals for each partner; 12 ‘‘(iii) requires the collection and re- 13 porting of data about the outcomes of pro- 14 grams funded under this part, in order to 15 monitor progress toward achieving such 16 goals and inform implementation; and 17 ‘‘(iv) specifies how student informa- 18 tion will be shared to advance the goals of 19 the proposed program and activities, in- 20 cluding student academic achievement and 21 engagement data, as appropriate and in 22 accordance with Federal, State, and local 23 laws; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00724 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 725 •S 1094 IS ‘‘(D) are submitted by eligible entities that 1 will provide matching funds to carry out the ac- 2 tivities supported by the grant, as described in 3 paragraph (2). 4 ‘‘(2) MATCHING FUNDS.— 5 ‘‘(A) AMOUNT OF MATCHING FUNDS.—In 6 awarding grants under this section, a State 7 educational agency shall give priority to applica- 8 tions from eligible entities that, in addition to 9 meeting the requirements of paragraph (1), 10 provide matching funds in an amount not less 11 than— 12 ‘‘(i) for the first year of an initial 13 grant under this section, 10 percent of the 14 cost of the activities; 15 ‘‘(ii) for the second year of such 16 grant, 20 percent of the cost of the activi- 17 ties; 18 ‘‘(iii) for the third year of such grant, 19 and for the first year of a subsequent 20 grant under this section, 30 percent of the 21 cost of the activities; and 22 ‘‘(iv) for the second or any succeeding 23 year of such subsequent grant, 40 percent 24 of the cost of the activities. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00725 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 726 •S 1094 IS ‘‘(B) CASH OR IN-KIND.—The eligible enti- 1 ty may provide the matching funds described in 2 subparagraph (A) in cash or in-kind, fairly eval- 3 uated, including plant, equipment, or services, 4 but may not provide more than 50 percent of 5 the matching funds in-kind. 6 ‘‘(C) WAIVER.—A State educational agen- 7 cy may waive all or part of the matching re- 8 quirement for priority described in this para- 9 graph, on a case-by-case basis, upon a showing 10 of serious financial hardship.’’; and 11 (F) by adding at the end the following: 12 ‘‘(h) SPECIAL RULE.—In implementing 21st Century 13 Community Learning Centers, the Department shall not 14 give priority to, show preference for, or provide direction 15 about whether communities use 21st Century Community 16 Learning Centers funds for eligible entities described in 17 subparagraph (A), (B), or (C) of section 4601(b)(1).’’; 18 (5) in section 4605, as redesignated by section 19 4103(a) of this Act— 20 (A) in subsection (a)— 21 (i) in the matter preceding paragraph 22 (1), by striking ‘‘before and after school 23 activities (including during summer recess 24 periods)’’ and inserting ‘‘before school, 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00726 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 727 •S 1094 IS after school, summer learning, or expanded 1 learning time activities’’; 2 (ii) by redesignating paragraphs (1) 3 through (12) as paragraphs (2) through 4 (13), respectively; 5 (iii) by inserting before paragraph (2), 6 as redesignated by clause (ii), the fol- 7 lowing: 8 ‘‘(1) high-quality expanded learning time pro- 9 grams or initiatives;’’; 10 (iv) in paragraph (6), as redesignated 11 by clause (ii), by striking ‘‘(including those 12 provided by senior citizen volunteers)’’; and 13 (v) in paragraph (7), as redesignated 14 by clause (ii), by striking ‘‘limited English 15 proficient students’’ and inserting ‘‘English 16 learners’’; and 17 (B) by striking subsection (b) and insert- 18 ing the following: 19 ‘‘(b) PERFORMANCE INDICATORS.—Each State edu- 20 cational agency that receives a grant under this part shall 21 collect, and annually report to the Secretary, information 22 on the following performance indicators, disaggregated, as 23 appropriate, by the subgroups described in section 24 1111(a)(2)(B)(x): 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00727 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 728 •S 1094 IS ‘‘(1) The average time added to the school day, 1 school week, or school year, if applicable. 2 ‘‘(2) Student participation and attendance rates 3 for the programs funded under this part. 4 ‘‘(3) Student achievement in core academic sub- 5 jects and high school graduation rates, as applicable, 6 for students who participate in such programs.’’. 7 SEC. 4108. PROMISE NEIGHBORHOODS. 8 Title IV (20 U.S.C. 7101 et seq.) is amended by in- 9 serting after part F, as redesignated by section 4103(a) 10 of this Act, the following: 11 ‘‘PART G—PROMISE NEIGHBORHOODS 12 ‘‘SEC. 4701. SHORT TITLE. 13 ‘‘This part may be cited as the ‘Promise Neighbor- 14 hoods Act of 2013’. 15 ‘‘SEC. 4702. PURPOSE. 16 ‘‘The purpose of this part is to significantly improve 17 the academic and developmental outcomes of children liv- 18 ing in our Nation’s most distressed communities from 19 birth through college and career entry, including ensuring 20 school readiness, high school graduation, and college and 21 career readiness for such children, through the use of 22 data-driven decisionmaking and access to a community- 23 based continuum of high-quality services, beginning at 24 birth. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00728 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 729 •S 1094 IS ‘‘SEC. 4703. DEFINITIONS. 1 ‘‘In this part: 2 ‘‘(1) CHILD.—The term ‘child’ means an indi- 3 vidual from birth through age 21. 4 ‘‘(2) COLLEGE AND CAREER READINESS.—The 5 term ‘college and career readiness’ means the level 6 of preparation a student needs in order to meet the 7 State academic content and achievement standards 8 under section 1111(a)(1). 9 ‘‘(3) COMMUNITY OF PRACTICE.—The term 10 ‘community of practice’ means a group of entities 11 that interact regularly to share best practices to ad- 12 dress 1 or more persistent problems, or improve 13 practice with respect to such problems, in 1 or more 14 neighborhoods. 15 ‘‘(4) COMPREHENSIVE SCHOOL READINESS AS- 16 SESSMENT.—The term ‘comprehensive school readi- 17 ness assessment’ means an objective tool that— 18 ‘‘(A) screens for school readiness across 19 domains, including language, cognitive, phys- 20 ical, motor, sensory, and social-emotional do- 21 mains, and through a developmental screening.; 22 and 23 ‘‘(B) may also include other sources of in- 24 formation, such as child observations by parents 25 and others, verbal and written reports, child 26 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00729 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 730 •S 1094 IS work samples (for children aged 3 to 5), and 1 health and developmental histories. 2 ‘‘(5) DEVELOPMENTAL SCREENING.—The term 3 ‘developmental screening’ means the use of a stand- 4 ardized tool to identify a child who may be at risk 5 of a developmental delay or disorder. 6 ‘‘(6) EXPANDED LEARNING TIME.—The term 7 ‘expanded learning time’ means the activities and 8 programs described in subparagraphs (A), (B), and 9 (C) of section 4601(b)(1). 10 ‘‘(7) FAMILY AND COMMUNITY ENGAGEMENT.— 11 The term ‘family and community engagement’ 12 means the process of engaging family and commu- 13 nity members in education meaningfully and at all 14 stages of the planning, implementation, and school 15 and neighborhood improvement process, including, 16 at a minimum— 17 ‘‘(A) disseminating a clear definition of the 18 neighborhood to the members of the neighbor- 19 hood; 20 ‘‘(B) ensuring representative participation 21 by the members of such neighborhood in the 22 planning and implementation of the activities of 23 each grant awarded under this part; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00730 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 731 •S 1094 IS ‘‘(C) regular engagement by the eligible 1 entity and the partners of the eligible entity 2 with family members and community partners; 3 ‘‘(D) the provision of strategies and prac- 4 tices to assist family and community members 5 in actively supporting student achievement and 6 child development; and 7 ‘‘(E) collaboration with institutions of 8 higher education, workforce development cen- 9 ters, and employers to align expectations and 10 programming with college and career readiness. 11 ‘‘(8) FAMILY AND STUDENT SUPPORTS.—The 12 term ‘family and student supports’ includes— 13 ‘‘(A) health programs (including both men- 14 tal health and physical health services); 15 ‘‘(B) school, public, and child-safety pro- 16 grams; 17 ‘‘(C) programs that improve family sta- 18 bility; 19 ‘‘(D) workforce development programs (in- 20 cluding those that meet local business needs, 21 such as internships and externships); 22 ‘‘(E) social service programs; 23 ‘‘(F) legal aid programs; 24 ‘‘(G) financial literacy education programs; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00731 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 732 •S 1094 IS ‘‘(H) adult education and family literacy 1 programs; 2 ‘‘(I) parent, family, and community en- 3 gagement programs; and 4 ‘‘(J) programs that increase access to 5 learning technology and enhance the digital lit- 6 eracy skills of students. 7 ‘‘(9) FAMILY MEMBER.—The term ‘family 8 member’ means a parent, relative, or other adult 9 who is responsible for the education, care, and well- 10 being of a child. 11 ‘‘(10) INTEGRATED STUDENT SUPPORTS.—The 12 term ‘integrated student supports’ means wrap- 13 around services, supports, and community resources, 14 which shall be offered through a site coordinator for 15 at-risk students, that have been shown by evidence- 16 based research— 17 ‘‘(A) to increase academic achievement and 18 engagement; 19 ‘‘(B) to support positive child development; 20 and 21 ‘‘(C) to increase student preparedness for 22 success in college and the workforce. 23 ‘‘(11) NEIGHBORHOOD.—The term ‘neighbor- 24 hood’ means a defined geographical area in which 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00732 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 733 •S 1094 IS there are multiple signs of distress, demonstrated by 1 indicators of need, including poverty, childhood obe- 2 sity rates, academic failure, and rates of juvenile de- 3 linquency, adjudication, or incarceration. 4 ‘‘(12) PIPELINE SERVICES.—The term ‘pipeline 5 services’ means a continuum of supports and serv- 6 ices for children from birth through college entry, 7 college success, and career attainment, including, at 8 a minimum, strategies to address through services or 9 programs (including integrated student supports) 10 the following: 11 ‘‘(A) Prenatal education and support for 12 expectant parents. 13 ‘‘(B) High-quality early learning opportu- 14 nities. 15 ‘‘(C) High-quality schools and out-of- 16 school-time programs and strategies. 17 ‘‘(D) Support for a child’s transition to el- 18 ementary school, including the administration 19 of a comprehensive school readiness assessment. 20 ‘‘(E) Support for a child’s transition from 21 elementary school to middle school, from middle 22 school to high school, and from high school into 23 and through college and into the workforce. 24 ‘‘(F) Family and community engagement. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00733 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 734 •S 1094 IS ‘‘(G) Family and student supports. 1 ‘‘(H) Activities that support college and 2 career readiness, including coordination between 3 such activities, such as— 4 ‘‘(i) assistance with college admis- 5 sions, financial aid, and scholarship appli- 6 cations, especially for low-income and low- 7 achieving students; and 8 ‘‘(ii) career preparation services and 9 supports. 10 ‘‘(I) Neighborhood-based support for col- 11 lege-age students who have attended the schools 12 in the pipeline, or students who are members of 13 the community, facilitating their continued con- 14 nection to the community and success in college 15 and the workforce. 16 ‘‘Subpart 1—Promise Neighborhood Partnership 17 Grants 18 ‘‘SEC. 4711. PROGRAM AUTHORIZED. 19 ‘‘(a) IN GENERAL.— 20 ‘‘(1) PROGRAM AUTHORIZED.—From amounts 21 appropriated to carry out this subpart, the Secretary 22 shall award grants, on a competitive basis, to eligible 23 entities to implement a comprehensive, evidence- 24 based continuum of coordinated services and sup- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00734 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 735 •S 1094 IS ports that engages community partners to improve 1 academic achievement, student development, and col- 2 lege and career readiness, measured by common out- 3 comes, by carrying out the activities described in 4 section 4714 in neighborhoods with high concentra- 5 tions of low-income individuals and persistently low- 6 achieving schools or schools with an achievement 7 gap. 8 ‘‘(2) SUFFICIENT SIZE AND SCOPE.—Each 9 grant awarded under this subpart shall be of suffi- 10 cient size and scope to allow the eligible entity to 11 carry out the purpose of this part. 12 ‘‘(b) DURATION.—A grant awarded under this sub- 13 part— 14 ‘‘(1) shall be for a period of not more than 5 15 years; and 16 ‘‘(2) may be renewed for not more than 1 addi- 17 tional grant period, if the eligible entity dem- 18 onstrates significant improvement in relation to the 19 performance metrics established under section 20 4716(a). 21 ‘‘(c) CONTINUED FUNDING.—Continued funding of a 22 grant under this subpart, including a grant renewed under 23 subsection (b)(2), after the third year of the grant period 24 shall be contingent on the eligible entity’s progress toward 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00735 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 736 •S 1094 IS meeting the performance metrics described in section 1 4716(a). 2 ‘‘(d) MATCHING REQUIREMENT.— 3 ‘‘(1) IN GENERAL.—Each eligible entity receiv- 4 ing a grant under this subpart shall contribute 5 matching funds in an amount equal to not less than 6 100 percent of the amount of the grant. Such 7 matching funds shall come from Federal, State, 8 local, and private sources. 9 ‘‘(2) PRIVATE SOURCES.—The Secretary— 10 ‘‘(A) shall require that a portion of the 11 matching funds come from private sources; and 12 ‘‘(B) may allow the use of in-kind dona- 13 tions to satisfy the matching funds require- 14 ment. 15 ‘‘(3) ADJUSTMENT.—The Secretary may adjust 16 the matching funds requirement for applicants that 17 demonstrate high need, including applicants from 18 rural areas or applicant that wish to provide services 19 on tribal lands. 20 ‘‘(e) FINANCIAL HARDSHIP WAIVER.— 21 ‘‘(1) IN GENERAL.—The Secretary may waive 22 or reduce, on a case-by-case basis, the matching re- 23 quirement described in subsection (d), for a period 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00736 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 737 •S 1094 IS of 1 year at a time, if the eligible entity dem- 1 onstrates significant financial hardship. 2 ‘‘(2) PRIVATE SOURCES WAIVER.—The Sec- 3 retary may waive or reduce, on a case-by-case basis, 4 the requirement described in subsection (d) that a 5 portion of matching funds come from private sources 6 if the eligible entity demonstrates an inability to ac- 7 cess such funds in the State. 8 ‘‘SEC. 4712. ELIGIBLE ENTITIES. 9 ‘‘In this subpart, the term ‘eligible entity’ means not 10 less than 1 nonprofit entity working in coordination with 11 not less than 1 of the following entities: 12 ‘‘(1) A high-need local educational agency. 13 ‘‘(2) A charter school funded by the Bureau of 14 Indian Education that is not a local educational 15 agency, except that such school shall not be the fis- 16 cal agent for the eligible entity partnership. 17 ‘‘(3) An institution of higher education, as de- 18 fined in section 102 of the Higher Education Act of 19 1965. 20 ‘‘(4) The office of a chief elected official of a 21 unit of local government. 22 ‘‘(5) An Indian tribe or tribal organization, as 23 defined under section 4 of the Indian Self-Deter- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00737 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 738 •S 1094 IS mination and Education Assistance Act (25 U.S.C. 1 450b). 2 ‘‘SEC. 4713. APPLICATION REQUIREMENTS. 3 ‘‘(a) IN GENERAL.—An eligible entity desiring a 4 grant under this subpart shall submit an application to 5 the Secretary at such time, in such manner, and con- 6 taining such information as the Secretary may require. 7 ‘‘(b) CONTENTS OF APPLICATION.—At a minimum, 8 an application described in subsection (a) shall include the 9 following: 10 ‘‘(1) A plan to significantly improve the aca- 11 demic outcomes of children living in a neighborhood 12 that is served by the eligible entity, by providing 13 pipeline services that address the needs of children 14 in the neighborhood, as identified by the needs anal- 15 ysis described in paragraph (4) and supported by 16 evidence-based practices. 17 ‘‘(2) A description of the neighborhood that the 18 eligible entity will serve. 19 ‘‘(3) Measurable annual goals for the outcomes 20 of the grant, including— 21 ‘‘(A) performance goals, in accordance with 22 the metrics described in section 4716(a), for 23 each year of the grant; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00738 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 739 •S 1094 IS ‘‘(B) projected participation rates and any 1 plans to expand the number of children served 2 or the neighborhood proposed to be served by 3 the grant program. 4 ‘‘(4) An analysis of the needs and assets of the 5 neighborhood identified in paragraph (2), includ- 6 ing— 7 ‘‘(A) a description of the process through 8 which the needs analysis was produced, includ- 9 ing a description of how parents, family, and 10 community members were engaged in such 11 analysis; 12 ‘‘(B) an analysis of community assets, in- 13 cluding programs already provided from Fed- 14 eral and non-Federal sources, within, or acces- 15 sible to, the neighborhood, including, at a min- 16 imum— 17 ‘‘(i) early learning programs, includ- 18 ing high-quality child care, Early Head 19 Start programs, Head Start programs, and 20 prekindergarten programs; 21 ‘‘(ii) the availability of healthy food 22 options and opportunities for physical ac- 23 tivity; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00739 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 740 •S 1094 IS ‘‘(iii) existing family and student sup- 1 ports; 2 ‘‘(iv) locally owned businesses and em- 3 ployers; and 4 ‘‘(v) institutions of higher education; 5 ‘‘(C) evidence of successful collaboration 6 within the neighborhood; 7 ‘‘(D) the steps that the eligible entity is 8 taking, at the time of the application, to ad- 9 dress the needs identified in the needs analysis; 10 and 11 ‘‘(E) any barriers the eligible entity, public 12 agencies, and other community-based organiza- 13 tions have faced in meeting such needs. 14 ‘‘(5) A description of the data used to identify 15 the pipeline services to be provided, including data 16 regarding— 17 ‘‘(A) school readiness; 18 ‘‘(B) academic achievement and college 19 and career readiness; 20 ‘‘(C) graduation rates; 21 ‘‘(D) health indicators; 22 ‘‘(E) rates of enrollment, remediation, per- 23 sistence, and completion at institutions of high- 24 er education, as available; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00740 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 741 •S 1094 IS ‘‘(F) conditions for learning, including 1 school climate surveys, discipline rates, and stu- 2 dent attendance and incident data. 3 ‘‘(6) A description of the process used to de- 4 velop the application, including the involvement of 5 family and community members. 6 ‘‘(7) An estimate of— 7 ‘‘(A) the number of children, by age, who 8 will be served by each pipeline service; and 9 ‘‘(B) for each age group, the percentage of 10 children (of such age group), within the neigh- 11 borhood, who the eligible entity proposes to 12 serve, disaggregated by each service, and the 13 goals for increasing such percentage over time. 14 ‘‘(8) A description of how the pipeline services 15 will facilitate the coordination of the following activi- 16 ties: 17 ‘‘(A) Providing high-quality early learning 18 opportunities for children, beginning prenatally 19 and extending through grade 3, by— 20 ‘‘(i) supporting high-quality early 21 learning opportunities that provide chil- 22 dren with access to programs that support 23 the cognitive and developmental skills, in- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00741 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 742 •S 1094 IS cluding social and emotional skills, needed 1 for success in elementary school; 2 ‘‘(ii) providing for opportunities, 3 through parenting classes, baby academies, 4 home visits, family and community engage- 5 ment, or other evidence-based strategies, 6 for families and expectant parents to— 7 ‘‘(I) acquire the skills to promote 8 early learning, development, and 9 health and safety, including learning 10 about child development and positive 11 discipline strategies (such as through 12 the use of technology and public 13 media programming); 14 ‘‘(II) learn about the role of fam- 15 ilies and expectant parents in their 16 child’s education; and 17 ‘‘(III) become informed about 18 educational opportunities for their 19 children, including differences in qual- 20 ity among early learning opportuni- 21 ties; 22 ‘‘(iii) ensuring successful transitions 23 between early learning programs and ele- 24 mentary school, including through the es- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00742 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 743 •S 1094 IS tablishment of memoranda of under- 1 standing between early learning providers 2 and local educational agencies serving 3 young children and families; 4 ‘‘(iv) ensuring appropriate screening, 5 diagnostic assessments, and referrals for 6 children with disabilities, developmental 7 delays, or other special needs, consistent 8 with the Individuals with Disabilities Edu- 9 cation Act (20 U.S.C. 1400 et seq.), where 10 applicable; 11 ‘‘(v) improving the early learning 12 workforce in the community, including 13 through— 14 ‘‘(I) investments in the recruit- 15 ment, retention, distribution, and sup- 16 port of high-quality professionals, es- 17 pecially those with certification and 18 experience in child development; 19 ‘‘(II) the provision of high-quality 20 teacher preparation and professional 21 development; or 22 ‘‘(III) the use of joint profes- 23 sional development for early learning 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00743 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 744 •S 1094 IS providers and elementary school 1 teachers and administrators; and 2 ‘‘(vi) enhancing data systems and 3 data sharing among the eligible entity, 4 partners, early learning providers, schools, 5 and local educational agencies operating in 6 the neighborhood. 7 ‘‘(B) Supporting, enhancing, operating, or 8 expanding rigorous and comprehensive edu- 9 cation reforms designed to significantly improve 10 educational outcomes for children in early 11 learning programs through grade 12, which 12 may include— 13 ‘‘(i) operating schools or working in 14 close collaboration with local schools to 15 provide high-quality academic programs, 16 curricula, and integrated student supports; 17 ‘‘(ii) providing expanded learning 18 time, which may include the integration 19 and use of arts education in such learning 20 time; and 21 ‘‘(iii) providing programs and activi- 22 ties that ensure that students— 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00744 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 745 •S 1094 IS ‘‘(I) are prepared for the college 1 admissions, scholarship, and financial 2 aid application processes; and 3 ‘‘(II) graduate college and career 4 ready. 5 ‘‘(C) Supporting access to a healthy life- 6 style, which may include— 7 ‘‘(i) the provision of high-quality and 8 nutritious meals; 9 ‘‘(ii) access to programs that promote 10 physical activity, physical education, and 11 fitness; and 12 ‘‘(iii) education to promote a healthy 13 lifestyle and positive body image. 14 ‘‘(D) Providing social, health, and mental 15 health services and supports, including referrals 16 for essential care and preventative screenings, 17 for children, family, and community members, 18 which may include— 19 ‘‘(i) dental services; 20 ‘‘(ii) vision care; and 21 ‘‘(iii) speech, language, and auditory 22 screenings and referrals. 23 ‘‘(E) Supporting students and family mem- 24 bers as the students transition from early learn- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00745 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 746 •S 1094 IS ing programs into elementary school, from ele- 1 mentary school to middle school, from middle 2 school to high school, from high school into and 3 through college and into the workforce, includ- 4 ing through evidence-based strategies to ad- 5 dress challenges that students may face as they 6 transition, such as the following: 7 ‘‘(i) Early college high schools. 8 ‘‘(ii) Dual enrollment programs. 9 ‘‘(iii) Career academies. 10 ‘‘(iv) Counseling and support services. 11 ‘‘(v) Dropout prevention and recovery 12 strategies. 13 ‘‘(vi) Collaboration with the juvenile 14 justice system and reentry counseling for 15 adjudicated youth. 16 ‘‘(vii) Advanced Placement or Inter- 17 national Baccalaureate courses. 18 ‘‘(viii) Teen parent classrooms. 19 ‘‘(ix) Graduation and career coaches. 20 ‘‘(9) A description of the strategies that will be 21 used to provide pipeline services (including a de- 22 scription of the process used to identify such strate- 23 gies and the outcomes expected and a description of 24 which programs and services will be provided to chil- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00746 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 747 •S 1094 IS dren, family members, community members, and 1 children not attending schools or programs operated 2 by the eligible entity or its partner providers) to sup- 3 port the purpose of this part. 4 ‘‘(10) An explanation of the process the eligible 5 entity will use to establish and maintain family and 6 community engagement. 7 ‘‘(11) An explanation of how the eligible entity 8 will continuously evaluate and improve the con- 9 tinuum of high-quality pipeline services, including— 10 ‘‘(A) a description of the metrics, con- 11 sistent with section 4716(a), that will be used 12 to inform each component of the pipeline; and 13 ‘‘(B) the processes for using data to im- 14 prove instruction, optimize integrated student 15 supports, provide for continuous program im- 16 provement, and hold staff and partner organiza- 17 tions accountable. 18 ‘‘(12) An identification of the fiscal agent, 19 which may be any entity described in section 4712 20 (not including paragraph (2) of such section). 21 ‘‘(13) A list of the non-Federal sources of fund- 22 ing that the eligible entity will secure to comply with 23 the matching funds requirement described in section 24 4711(d), in addition to other programs from which 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00747 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 748 •S 1094 IS the eligible entity has already secured funding, in- 1 cluding programs funded by the Department or pro- 2 grams of the Department of Health and Human 3 Services, the Department of Housing and Urban De- 4 velopment, the Department of Justice, or the De- 5 partment of Labor. 6 ‘‘(c) MEMORANDUM OF UNDERSTANDING.—An eligi- 7 ble entity, as part of the application described in this sec- 8 tion, shall submit a preliminary memorandum of under- 9 standing, signed by each partner entity or agency. The 10 preliminary memorandum of understanding shall describe, 11 at a minimum— 12 ‘‘(1) each partner’s financial and programmatic 13 commitment with respect to the strategies described 14 in the application, including an identification of the 15 fiscal agent; 16 ‘‘(2) each partner’s long-term commitment to 17 providing pipeline services that, at a minimum, ac- 18 counts for the cost of supporting the continuum of 19 supports and services (including a plan for how to 20 support services and activities after grant funds are 21 no longer available) and potential changes in local 22 government; 23 ‘‘(3) each partner’s mission and the plan that 24 will govern the work that the partners do together; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00748 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 749 •S 1094 IS ‘‘(4) each partner’s long-term commitment to 1 supporting the continuum of supports and services 2 through data collection, monitoring, reporting, and 3 sharing; and 4 ‘‘(5) each partner’s commitment to ensure 5 sound fiscal management and controls, including evi- 6 dence of a system of supports and personnel. 7 ‘‘SEC. 4714. USE OF FUNDS. 8 ‘‘(a) IN GENERAL.—Each eligible entity that receives 9 a grant under this subpart shall use the grant funds to— 10 ‘‘(1) implement the pipeline services, as de- 11 scribed in the application under section 4713; and 12 ‘‘(2) continuously evaluate the success of the 13 program and improve the program based on data 14 and outcomes. 15 ‘‘(b) SPECIAL RULES.— 16 ‘‘(1) FUNDS FOR PIPELINE SERVICES.—Each 17 eligible entity that receives a grant under this sub- 18 part shall, following the second year of the grant 19 and each subsequent year, including each year of a 20 renewal grant, use not less than 80 percent of grant 21 funds to carry out the activities described in sub- 22 section (a)(1). 23 ‘‘(2) OPERATIONAL FLEXIBILITY.—Each eligi- 24 ble entity that operates a school in a neighborhood 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00749 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 750 •S 1094 IS served by a grant program under this subpart shall 1 provide such school with the operational flexibility, 2 including autonomy over staff, time, and budget, 3 needed to effectively carry out the activities de- 4 scribed in the application under section 4713. 5 ‘‘(3) LIMITATION ON USE OF FUNDS FOR 6 EARLY CHILDHOOD EDUCATION PROGRAMS.—Funds 7 under this subpart that are used to improve early 8 childhood education programs shall not be used to 9 carry out any of the following activities: 10 ‘‘(A) Assessments that provide rewards or 11 sanctions for individual children or teachers. 12 ‘‘(B) A single assessment that is used as 13 the primary or sole method for assessing pro- 14 gram effectiveness. 15 ‘‘(C) Evaluating children, other than for 16 the purposes of improving instruction, class- 17 room environment, professional development, or 18 parent and family engagement, or program im- 19 provement. 20 ‘‘SEC. 4715. REPORT AND PUBLICLY AVAILABLE DATA. 21 ‘‘(a) REPORT.—Each eligible entity that receives a 22 grant under this subpart shall prepare and submit an an- 23 nual report to the Secretary, which shall include— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00750 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 751 •S 1094 IS ‘‘(1) information about the number and per- 1 centage of children in the neighborhood who are 2 served by the grant program, including a description 3 of the number and percentage of children accessing 4 each support or service offered as part of the pipe- 5 line services; 6 ‘‘(2) information relating to the performance 7 metrics described in section 4716(a); and 8 ‘‘(3) other indicators that may be required by 9 the Secretary, in consultation with the Director of 10 the Institute of Education Sciences. 11 ‘‘(b) PUBLICLY AVAILABLE DATA.—Each eligible en- 12 tity that receives a grant under this subpart shall make 13 publicly available, including through electronic means, the 14 information described in subsection (a). To the extent 15 practicable, such information shall be provided in a form 16 and language accessible to parents and families in the 17 neighborhood, and such information shall be a part of 18 statewide longitudinal data systems. 19 ‘‘SEC. 4716. PERFORMANCE ACCOUNTABILITY AND EVALUA- 20 TION. 21 ‘‘(a) PERFORMANCE METRICS.—Each eligible entity 22 that receives a grant under this subpart shall collect data 23 on performance indicators of pipeline services and family 24 and student supports and report the results to the Sec- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00751 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 752 •S 1094 IS retary, who shall use the results as a consideration in con- 1 tinuing grants after the third year and in awarding grant 2 renewals. The indicators shall, at a minimum, include the 3 following: 4 ‘‘(1) Evidence of increasing qualifications for 5 staff in early care and education programs attended 6 by children in the neighborhood. 7 ‘‘(2) With respect to the children served by the 8 grant— 9 ‘‘(A) the percentage of children who are 10 ready for kindergarten, as measured by a com- 11 prehensive developmental screening instrument; 12 ‘‘(B) the percentage of school-age children 13 proficient in core academic subjects; 14 ‘‘(C) evidence of narrowing student 15 achievement gaps among the categories de- 16 scribed in section 1111(a)(2)(B)(x); 17 ‘‘(D) the percentage of children who are 18 reading at grade level by the end of grade 3; 19 ‘‘(E) the percentage of children who suc- 20 cessfully transition from grade 8 to grade 9; 21 ‘‘(F) for each school year during the grant 22 period, the percentage of students in prekinder- 23 garten, elementary school, and secondary school 24 who miss more than 10 percent of school days 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00752 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 753 •S 1094 IS for any reason, excused or unexcused, and the 1 number and percentage of students who are 2 suspended or expelled for any reason, starting 3 in prekindergarten; 4 ‘‘(G) the percentage of children who grad- 5 uate with a high school diploma; 6 ‘‘(H) the percentage of children who enter 7 postsecondary education and remain after 1 8 year; 9 ‘‘(I) the percentage of children who are 10 healthy, as measured by a child-health index 11 that includes cognitive, nutritional, physical, so- 12 cial, mental-health, and emotional domains; 13 ‘‘(J) the percentage of children who feel 14 safe, as measured by a school climate survey; 15 ‘‘(K) rates of student mobility and home- 16 lessness; 17 ‘‘(L) opportunities for family members of 18 children to receive education and job training; 19 and 20 ‘‘(M) the percentage of children who have 21 digital literacy skills and access to broadband 22 internet and a connected computing device at 23 home and at school. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00753 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 754 •S 1094 IS ‘‘(b) EVALUATION.—The Secretary shall evaluate the 1 implementation and impact of the activities funded under 2 this subpart, in accordance with section 9601. 3 ‘‘Subpart 2—Promise School Grants 4 ‘‘SEC. 4721. PROGRAM AUTHORIZED. 5 ‘‘(a) IN GENERAL.— 6 ‘‘(1) PROGRAM AUTHORIZED.—From amounts 7 appropriated to carry out this subpart, the Secretary 8 shall award grants, on a competitive basis, to eligible 9 entities to implement school-centered, evidence-based 10 strategies and integrated student supports that le- 11 verage community partnerships to improve student 12 achievement and child development by carrying out 13 the activities described in section 4724 in schools 14 with high concentrations of low-income children. 15 ‘‘(2) SUFFICIENT SIZE AND SCOPE.—Each 16 grant awarded under this subpart shall be of suffi- 17 cient size and scope to allow the eligible entity to 18 carry out the purpose of this part. 19 ‘‘(b) GENERAL PROVISIONS.—The requirements of 20 subsections (b), (c), (d), and (e) of section 4711 and sec- 21 tion 4714(b) shall apply to a grant under this subpart in 22 the same manner as such subsections apply to a grant 23 under subpart 1, except that the performance metrics used 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00754 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 755 •S 1094 IS for section 4711(c) shall be the metrics under section 1 4726(a). 2 ‘‘SEC. 4722. DEFINITION OF ELIGIBLE ENTITY. 3 ‘‘In this subpart, the term ‘eligible entity’ means— 4 ‘‘(1) not less than 1 high-need local educational 5 agency (including a charter school that is a local 6 educational agency) in partnership with 1 or more 7 nonprofit entities or institutions of higher education; 8 or 9 ‘‘(2) a school funded by the Bureau of Indian 10 Education that falls under the definition of a local 11 educational agency in partnership with 1 or more 12 nonprofit entities or institutions of higher education. 13 ‘‘SEC. 4723. APPLICATION REQUIREMENTS; PRIORITY. 14 ‘‘(a) IN GENERAL.—An eligible entity desiring a 15 grant under this subpart shall submit an application to 16 the Secretary at such time, in such manner, and con- 17 taining such information as the Secretary may require. 18 ‘‘(b) CONTENTS OF APPLICATION.—At a minimum, 19 the application described in subsection (a) shall include 20 the following: 21 ‘‘(1) A description of the local educational agen- 22 cy, schools, and students that will be served by the 23 grant program. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00755 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 756 •S 1094 IS ‘‘(2) A description of the steps that the eligible 1 entity is taking— 2 ‘‘(A) to meet the needs identified in the 3 analysis described in paragraph (4); and 4 ‘‘(B) to remove any barriers that the eligi- 5 ble entity has identified in meeting such needs. 6 ‘‘(3) The designation of a site coordinator, with 7 appropriate qualifications and appropriate time, au- 8 tonomy, and support to provide— 9 ‘‘(A) leadership in building relationships 10 and establishing and sustaining partnerships 11 that support school improvement, school turn- 12 around efforts in accordance with section 13 1116(c), increases in student achievement, posi- 14 tive child development, and parent, family, and 15 community engagement; and 16 ‘‘(B) effective coordination of student serv- 17 ices at all stages of the continuum of high-qual- 18 ity pipeline services. 19 ‘‘(4) An analysis of the needs and assets of the 20 schools and communities that will be assisted under 21 the grant. Such analysis shall include— 22 ‘‘(A) student data, including information 23 about— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00756 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 757 •S 1094 IS ‘‘(i) kindergarten readiness, as meas- 1 ured by a comprehensive developmental 2 screening instrument; 3 ‘‘(ii) academic achievement; 4 ‘‘(iii) credit accumulation; 5 ‘‘(iv) grade-to-grade promotion; 6 ‘‘(v) graduation; 7 ‘‘(vi) attendance; and 8 ‘‘(vii) discipline; and 9 ‘‘(B) information about the assets de- 10 scribed in section 4713(b)(4)(B) with respect to 11 such schools and communities. 12 ‘‘(5) An explanation of how the eligible entity 13 and its program partners will use evidence-based 14 practice, data, research, and partnerships to provide 15 pipeline services that— 16 ‘‘(A) address the needs identified in para- 17 graph (4); 18 ‘‘(B) conduct family and community en- 19 gagement; 20 ‘‘(C) enable teachers and administrators, 21 including early learning providers, to com- 22 plement and enrich efforts to help children— 23 ‘‘(i) achieve learning gains; 24 ‘‘(ii) prepare for graduation; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00757 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 758 •S 1094 IS ‘‘(iii) plan for the future, including 1 preparing for college and careers; and 2 ‘‘(D) coordinate and leverage other pro- 3 grams that serve children, the schools served by 4 the grant, and the neighborhood. 5 ‘‘(6) An explanation of the extent to which the 6 eligible entity and its program partners will serve or 7 involve children residing in the neighborhood regard- 8 less of whether such children attend a school served 9 by the grant, including by carrying out the activities 10 described in section 4713(b)(8). 11 ‘‘(7) A description of the capacity of the eligible 12 entity for measuring student outcomes and school- 13 specific outcomes. 14 ‘‘(8) A description of how the strategies sup- 15 ported with funds under this subpart will be— 16 ‘‘(A) coordinated with other programs and 17 strategies carried out by the local educational 18 agency; and 19 ‘‘(B) to the greatest extent practicable, co- 20 ordinated with other agencies, such as agencies 21 that provide reentry services to adjudicated 22 youth. 23 ‘‘(9) A description of the strategy the eligible 24 entity will use to— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00758 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 759 •S 1094 IS ‘‘(A) conduct family and community en- 1 gagement; and 2 ‘‘(B) make schools the centers of their re- 3 spective communities. 4 ‘‘(10) A list of the non-Federal sources of fund- 5 ing that the eligible entity will secure to comply with 6 the matching funds requirement pursuant to sec- 7 tions 4711(d) and 4721, in addition to other pro- 8 grams the eligible entity has already secured funding 9 from, including programs funded by the Depart- 10 ment, or programs of the Department of Health and 11 Human Services, the Department of Housing and 12 Urban Development, the Department of Justice, or 13 the Department of Labor. 14 ‘‘(c) MEMORANDUM OF UNDERSTANDING.—An eligi- 15 ble entity, as part of the application described in this sec- 16 tion, shall submit a preliminary memorandum of under- 17 standing that meets the requirements of section 4713(c). 18 ‘‘(d) PRIORITY.—In awarding grants under this sub- 19 part, the Secretary shall give priority to applicants that— 20 ‘‘(1) propose to include significant investments, 21 as determined by the Secretary, in high-quality early 22 learning programs, consistent with section 23 4713(b)(8)(A); and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00759 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 760 •S 1094 IS ‘‘(2) provide schools served by the grant with 1 the operational flexibility, including autonomy over 2 staff, time, and budget, needed to effectively carry 3 out the activities described in the application under 4 this section. 5 ‘‘SEC. 4724. USE OF FUNDS. 6 ‘‘(a) IN GENERAL.—Each eligible entity that receives 7 a grant under this subpart shall use the grant funds to— 8 ‘‘(1) implement the activities described in the 9 application under section 4723; and 10 ‘‘(2) continuously evaluate the success of the 11 grant program and improve the grant program 12 based on data and outcomes. 13 ‘‘(b) SPECIAL RULE.— 14 ‘‘(1) LIMITATION ON USE OF FUNDS FOR 15 EARLY CHILDHOOD EDUCATION PROGRAMS.—Funds 16 under this subpart that are used to improve early 17 childhood education programs shall not be used to 18 carry out any of the following activities: 19 ‘‘(A) Assessments that provide rewards or 20 sanctions for individual children or teachers. 21 ‘‘(B) A single assessment that is used as 22 the primary or sole method for assessing pro- 23 gram effectiveness. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00760 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 761 •S 1094 IS ‘‘(C) Evaluating children, other than for 1 the purposes of improving instruction, class- 2 room environment, professional development, or 3 parent and family engagement, or program im- 4 provement. 5 ‘‘SEC. 4725. REPORT AND PUBLICLY AVAILABLE DATA. 6 ‘‘(a) REPORT.—Each eligible entity that receives a 7 grant under this subpart shall prepare and submit an an- 8 nual report to the Secretary, which shall include— 9 ‘‘(1) information about the number and per- 10 centage of children served by the grant program, 11 disaggregated the subgroups described in section 12 1111(a)(2)(B)(x); 13 ‘‘(2) information relating to the performance 14 metrics described in section 4726(a); and 15 ‘‘(3) other indicators that may be required by 16 the Secretary, in consultation with the Director of 17 the Institute of Education Sciences. 18 ‘‘(b) PUBLICLY AVAILABLE DATA.—Each eligible en- 19 tity that receives a grant under this subpart shall make 20 publicly available, including through electronic means, the 21 information described in subsection (a). To the extent 22 practicable, such information shall be provided in a form 23 and language accessible to parents and families in the 24 neighborhood. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00761 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 762 •S 1094 IS ‘‘SEC. 4726. PERFORMANCE ACCOUNTABILITY AND EVALUA- 1 TION. 2 ‘‘(a) PERFORMANCE METRICS.—Each eligible entity 3 receiving a grant under this subpart shall collect data on 4 performance indicators of pipeline services and family and 5 student supports and report the results to the Secretary, 6 who shall use the results as a consideration in continuing 7 grants after the third year and awarding grant renewals. 8 The indicators shall, at a minimum, include the indicators 9 described in paragraphs (1) and (2) of section 4716(a). 10 ‘‘(b) EVALUATION.—The Secretary shall evaluate the 11 implementation and impact of the activities funded under 12 this subpart, in accordance with section 9601. 13 ‘‘Subpart 3—General Provisions 14 ‘‘SEC. 4731. NATIONAL ACTIVITIES. 15 ‘‘From the amounts appropriated to carry out this 16 part for a fiscal year, in addition to the amounts that may 17 be reserved in accordance with section 9601, the Secretary 18 may reserve not more than 8 percent for national activi- 19 ties, which may include— 20 ‘‘(1) research on the activities carried out under 21 subparts 1 and 2; 22 ‘‘(2) identification and dissemination of best 23 practices, including through support for a commu- 24 nity of practice; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00762 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 763 •S 1094 IS ‘‘(3) technical assistance, including assistance 1 relating to family and community engagement and 2 outreach to potential partner organizations; 3 ‘‘(4) professional development, including devel- 4 opment of materials related to professional develop- 5 ment; and 6 ‘‘(5) other activities consistent with the purpose 7 of this part.’’. 8 SEC. 4109. PARENT AND FAMILY INFORMATION AND RE- 9 SOURCE CENTERS. 10 Title IV (20 U.S.C. 7101 et seq.) is amended by in- 11 serting after part G, as added by section 4108 of this Act, 12 the following: 13 ‘‘PART H—PARENT AND FAMILY INFORMATION 14 AND RESOURCE CENTERS 15 ‘‘SEC. 4801. PURPOSE. 16 ‘‘The purpose of this part is to increase and enhance 17 parent and family engagement in education by— 18 ‘‘(1) providing support and technical assistance 19 to State educational agencies; 20 ‘‘(2) supporting a community of practice related 21 to effective parent and family engagement strategies 22 and practices; and 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00763 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 764 •S 1094 IS ‘‘(3) as appropriate, providing information and 1 training to local educational agencies, schools, par- 2 ents and families, and community members. 3 ‘‘SEC. 4802. DEFINITION OF ELIGIBLE ENTITY. 4 ‘‘In this part, the term ‘eligible entity’ means— 5 ‘‘(1) a nonprofit organization (including a state- 6 wide nonprofit organization); or 7 ‘‘(2) a consortium consisting of a nonprofit or- 8 ganization (including a statewide nonprofit organiza- 9 tion) and a State educational agency or local edu- 10 cational agency. 11 ‘‘SEC. 4803. GRANTS AUTHORIZED. 12 ‘‘(a) PARENT AND FAMILY INFORMATION AND RE- 13 SOURCE CENTERS.—The Secretary is authorized to award 14 grants, on a competitive basis, to eligible entities to enable 15 such eligible entities to operate State parent and family 16 information and resource centers that— 17 ‘‘(1) assist the State educational agency in 18 identifying, implementing, and replicating effective, 19 evidence-based parent, family, and community en- 20 gagement strategies, including assisting the State 21 educational agency in carrying out parent and family 22 engagement strategies that are funded under section 23 1118 and other provisions of this Act; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00764 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 765 •S 1094 IS ‘‘(2) provide technical assistance, training, in- 1 formation, and support regarding parent and family 2 engagement, as appropriate (including support in 3 turning around schools), to, at a minimum, high- 4 need schools, schools that are served by high-need 5 local educational agencies, and early care and edu- 6 cation providers that primarily serve low-income par- 7 ents and families; and 8 ‘‘(3) strengthen partnerships among parents, 9 family members, community-based organizations (in- 10 cluding faith-based organizations), early care and 11 education providers, schools, local educational agen- 12 cies, employers, and other appropriate community 13 members who are committed to improving and en- 14 hancing parent, family, and community engagement 15 in order to improve student achievement and sup- 16 port positive child development. 17 ‘‘(b) DURATION.—Grants awarded under this part 18 shall be for a period of 5 years. 19 ‘‘(c) GEOGRAPHIC DISTRIBUTION.—In awarding 20 grants under this part, the Secretary shall ensure that not 21 less than 1 grant is awarded to an eligible entity in each 22 State, except that competitions conducted pursuant to sec- 23 tion 4806(b)(2)(B), or for which no eligible entity from 24 a State applies, shall be open to all eligible entities. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00765 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 766 •S 1094 IS ‘‘(d) PRIORITY.—In awarding grants under this part, 1 the Secretary shall give priority to applications from eligi- 2 ble entities that have a demonstrated record of effective- 3 ness in increasing and enhancing the engagement of par- 4 ents and families whose children attend a high-need school 5 or a school that is served by a high-need local educational 6 agency. 7 ‘‘SEC. 4804. APPLICATIONS. 8 ‘‘(a) SUBMISSION.—Each eligible entity that desires 9 a grant under this part shall submit an application to the 10 Secretary at such time, in such manner, and accompanied 11 by such information as the Secretary may require. 12 ‘‘(b) ASSURANCES.—Each application submitted 13 under subsection (a) shall include, at a minimum, an as- 14 surance that the eligible entity will— 15 ‘‘(1)(A) be governed by a board of directors, of 16 which not less than 50 percent is comprised of mem- 17 bers who are— 18 ‘‘(i) parents or family members of school- 19 aged children in the State that the eligible enti- 20 ty serves, including educationally and economi- 21 cally disadvantaged parents; and 22 ‘‘(ii) community stakeholders who are com- 23 mitted to improving schools and increasing par- 24 ent and family engagement; or 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00766 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 767 •S 1094 IS ‘‘(B) be an organization or consortium that rep- 1 resents the interests of parents and family members 2 of school-aged children; 3 ‘‘(2) use not less than 60 percent of the funds 4 received under this part for each fiscal year to sup- 5 port parent and family engagement in high-need 6 local educational areas; 7 ‘‘(3) reserve not less than 30 percent of the 8 funds received under this part for each fiscal year to 9 support parent and family engagement of low-income 10 parents and family members whose children attend 11 early childhood education programs; 12 ‘‘(4) operate a parent and family information 13 and resource center of sufficient size, scope, and 14 quality to effectively carry out the purpose of this 15 part; 16 ‘‘(5) ensure that parents and family members, 17 including economically disadvantaged parents and 18 family members with children who attend high-need 19 schools or schools that are served by high-need local 20 educational agencies, have access to leadership devel- 21 opment training and other evidence-based strategies 22 that provide the skills and resources parents and 23 family members need to support school improve- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00767 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 768 •S 1094 IS ment, increase student achievement, and promote 1 positive student development; and 2 ‘‘(6) demonstrate to the Secretary that a por- 3 tion of the services provided by the eligible entity 4 under the grant is supported through non-Federal 5 contributions, which contributions may be in cash or 6 in-kind. 7 ‘‘(c) CONTENTS.—In addition to the requirements de- 8 scribed in subsection (b), each application submitted 9 under subsection (a) shall, at a minimum— 10 ‘‘(1) describe how the eligible entity will serve 11 both urban and rural areas throughout the State 12 that is served by the eligible entity; 13 ‘‘(2) demonstrate the eligible entity’s record of 14 effectiveness in carrying out parent and family en- 15 gagement activities, including the provision of high- 16 quality technical assistance to State educational 17 agencies and local educational agencies; 18 ‘‘(3) describe the process through which the eli- 19 gible entity will— 20 ‘‘(A) leverage relationships with, and col- 21 lect and exchange information among, partners; 22 and 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00768 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 769 •S 1094 IS ‘‘(B) disseminate information about evi- 1 dence-based best practices to support parent 2 and family engagement strategies; 3 ‘‘(4) describe the eligible entity’s strategy for 4 serving parents and family members of children in 5 the area served by the eligible entity, including par- 6 ents and family members of students who are served 7 by high-need local educational agencies; 8 ‘‘(5) describe how the eligible entity will assist 9 the State educational agency in effectively sup- 10 porting high-need local educational agencies in— 11 ‘‘(A) increasing parent and family member 12 understanding of, and opportunities to develop, 13 the knowledge and skills to engage as full part- 14 ners in supporting academic achievement, child 15 development, and school improvement; and 16 ‘‘(B) employing evidence-based strategies 17 to— 18 ‘‘(i) increase the participation of eco- 19 nomically disadvantaged and English 20 learner parents and family members, and 21 low-income parents and family members of 22 children with disabilities, in school activi- 23 ties; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00769 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 770 •S 1094 IS ‘‘(ii) improve parent and family en- 1 gagement strategies in low-performing 2 schools served by high-need local edu- 3 cational agencies; and 4 ‘‘(6) describe how the eligible entity will coordi- 5 nate its activities with the parent training and infor- 6 mation centers assisted under section 671 of the In- 7 dividuals with Disabilities Education Act; 8 ‘‘(7) identify the Federal, State, and local serv- 9 ices and programs that prepare children to be ready 10 for institutions of higher education and careers with 11 which the eligible entity will coordinate, including— 12 ‘‘(A) programs supported under this Act; 13 ‘‘(B) violence prevention programs; 14 ‘‘(C) programs that serve at-risk or out-of- 15 school youth; 16 ‘‘(D) nutrition programs; 17 ‘‘(E) housing programs; 18 ‘‘(F) Head Start and other early childhood 19 education programs; 20 ‘‘(G) adult education and literacy activities 21 (as defined in section 203 of the Adult Edu- 22 cation and Family Literacy Act); and 23 ‘‘(H) workforce development programs. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00770 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 771 •S 1094 IS ‘‘SEC. 4805. USES OF FUNDS. 1 ‘‘(a) REQUIRED ACTIVITIES.—Each eligible entity 2 that receives a grant under this part shall use such grant 3 funds to provide services to parents, family members, edu- 4 cators, and community members and to assist State edu- 5 cational agencies, local educational agencies, and, where 6 applicable, districtwide parent advisory committees in sup- 7 porting parent and family engagement in education by 8 carrying out the following activities: 9 ‘‘(1) Providing technical assistance to State 10 educational agencies in— 11 ‘‘(A) reviewing and responding to local 12 parent and family engagement plans described 13 in section 1118(a) (including, at a minimum, 14 such plans submitted by high-need local edu- 15 cational agencies) in order to support evidence- 16 based strategies and best practices in parent 17 and family engagement; 18 ‘‘(B) the implementation of Federal and 19 State laws, regulations, and guidance relating 20 to parent and family engagement; 21 ‘‘(C) the implementation or replication of 22 statewide, evidence-based programs and strate- 23 gies, such as professional development for edu- 24 cators related to parent and family engagement, 25 especially that impact parents and family mem- 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00771 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 772 •S 1094 IS bers who are educationally and economically 1 disadvantaged; 2 ‘‘(D) ensuring that schools and classrooms 3 are welcoming of family and community mem- 4 bers; and 5 ‘‘(E) applicable evaluation, reporting, and 6 accountability processes. 7 ‘‘(2) Obtaining and disseminating information 8 about the range of options, programs, services, and 9 resources (including curricula) that are available at 10 the national level, the State level, and the local level 11 to assist school and local educational agency per- 12 sonnel in implementing evidence-based parent and 13 family engagement strategies. 14 ‘‘(3) Coordinating parent and family engage- 15 ment strategies with relevant Federal, State, and 16 local services and programs. 17 ‘‘(4) Working with individuals and organiza- 18 tions with expertise in identifying and implementing 19 evidence-based practices to improve parent and fam- 20 ily engagement. 21 ‘‘(5) Coordinating and integrating early care 22 and education programs with school-age programs, 23 especially those programs focusing on supporting the 24 transition of young children into kindergarten 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00772 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 773 •S 1094 IS through grade 3, such as by increasing awareness of 1 school readiness expectations among family and 2 community members. 3 ‘‘(6) Implementing parent institutes or other 4 leadership development strategies to ensure that par- 5 ents and family members have the skills and re- 6 sources needed to understand student and school 7 data in order to make decisions, effectively commu- 8 nicate with school officials and educators, support 9 school improvement, and increase student achieve- 10 ment. 11 ‘‘(b) PERMISSIVE ACTIVITIES.—In addition to the ac- 12 tivities required under subsection (a), each eligible entity 13 that receives a grant under this part may use such grant 14 funds to carry out the following activities: 15 ‘‘(1) Developing and disseminating templates 16 for schools and local educational agencies to use to 17 provide information about curricula, academic expec- 18 tations, academic assessments, and the results of 19 academic assessments to family members in a man- 20 ner and a language that such family members can 21 understand. 22 ‘‘(2) Providing training, information, and sup- 23 port to organizations that support partnerships 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00773 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 774 •S 1094 IS among schools, parents, family members, and dis- 1 trictwide parent advisory committees, as applicable. 2 ‘‘(3) Providing professional development to, and 3 supporting a community of practice among, school 4 and local educational agency staff (which may be 5 provided jointly to educators and family members) to 6 assist school and agency staff in developing and im- 7 plementing strategies to increase and strengthen on- 8 going communication with parents and family mem- 9 bers, including professional development opportuni- 10 ties that prepare teachers to have more focused, 11 goal-oriented, and reciprocal parent-teacher con- 12 ferences. 13 ‘‘SEC. 4806. ADMINISTRATIVE PROVISIONS. 14 ‘‘(a) MATCHING FUNDS FOR GRANT RENEWAL.— 15 For each fiscal year after the first fiscal year for which 16 an eligible entity receives assistance under this part, the 17 eligible entity shall demonstrate that a portion of the serv- 18 ices provided by the eligible entity is supported through 19 non-Federal contributions, which contributions may be in 20 cash or in-kind. 21 ‘‘(b) PERFORMANCE ACCOUNTABILITY.— 22 ‘‘(1) PERFORMANCE INDICATORS.—Each eligi- 23 ble entity receiving a grant under this part shall 24 submit to the Secretary an annual report regarding 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00774 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 775 •S 1094 IS the parent and family information and resource cen- 1 ters assisted under this part. Such report shall be 2 made publicly available, including through electronic 3 means, and shall include, at a minimum, a descrip- 4 tion of how each parent and family information and 5 resource center has performed with respect to the 6 following indicators: 7 ‘‘(A) The number of local educational 8 agencies or other entities that received assist- 9 ance or support in the previous academic year. 10 ‘‘(B) The number of parents and family 11 members whose children participated in the pre- 12 vious academic year in programs, activities, or 13 strategies supported by the parent and family 14 information and resource center, and— 15 ‘‘(i) the number of such parents 16 whose children are eligible to be counted 17 under section 1124(c)(1)(A); 18 ‘‘(ii) the number of such parents 19 whose children are English learners; and 20 ‘‘(iii) the number of such parents who 21 are parents of children with disabilities. 22 ‘‘(C) The outcomes directly attributable to 23 the provision of assistance or support provided 24 by the parent and family information and re- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00775 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 776 •S 1094 IS source center, such as increased parent and 1 family member participation in school planning 2 activities, parent-teacher conferences, or the 3 local educational agency budgeting process. 4 ‘‘(D) Other evidence-based indicators that 5 the Secretary may reasonably require. 6 ‘‘(2) PERFORMANCE GOALS.— 7 ‘‘(A) IN GENERAL.—Each eligible entity 8 that is awarded a grant under this part shall 9 establish, in consultation with the Secretary, 10 annual performance goals for each of the indi- 11 cators described in paragraph (1). Such per- 12 formance goals shall be made publicly available, 13 including through electronic means. 14 ‘‘(B) CONSEQUENCES FOR POOR PERFORM- 15 ANCE.—If an eligible entity receiving grant 16 funds under this part does not meet the per- 17 formance goals established under this para- 18 graph for 2 consecutive years, after the provi- 19 sion of technical assistance in the second con- 20 secutive year, the Secretary shall terminate the 21 grant and conduct a new competition for the 22 grant. 23 ‘‘(C) LOSS OF ELIGIBILITY.—If an eligible 24 entity has received a grant under this part and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00776 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 777 •S 1094 IS such grant has been terminated in accordance 1 with subparagraph (B), the eligible entity shall 2 not be eligible to participate in future grant 3 competitions, or receive grant funds, under this 4 part. 5 ‘‘(3) TECHNICAL ASSISTANCE.—The Secretary 6 shall provide technical assistance to each eligible en- 7 tity receiving a grant under this part that does not 8 meet the performance goals established under para- 9 graph (2). 10 ‘‘(c) REPORT TO CONGRESS.—The Secretary shall 11 prepare and submit an annual report to the authorizing 12 committees, which shall— 13 ‘‘(1) include the information that each eligible 14 entity submits to the Secretary in accordance with 15 subsection (b)(1); 16 ‘‘(2) summarize and synthesize the best prac- 17 tices collected by the parent and family information 18 and resource centers for increasing and improving 19 parent, family, and community engagement; and 20 ‘‘(3) be made available to the public (including 21 through electronic means). 22 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this part 23 shall be construed to prohibit a parent and family informa- 24 tion and resource center from— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00777 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 778 •S 1094 IS ‘‘(1) allowing its employees or agents to meet 1 with family members at a site that is not on school 2 grounds; or 3 ‘‘(2) working with another public or nonprofit 4 agency that serves children. 5 ‘‘(e) PARENTAL RIGHTS.—Notwithstanding any 6 other provision of this part— 7 ‘‘(1) no individual (including a parent who edu- 8 cates a child at home, parent of a public school stu- 9 dent, or parent of a private school student) shall be 10 required to participate in any program of parent or 11 family education or developmental screening under 12 this part; and 13 ‘‘(2) a program or center assisted under this 14 part shall not take any action that infringes in any 15 manner on the right of a parent to direct the edu- 16 cation of such parent’s child.’’. 17 SEC. 4110. PROGRAMS OF NATIONAL SIGNIFICANCE. 18 The Act (20 U.S.C. 6301 et seq.) is amended— 19 (1) by redesignating subpart 1 of part D of title 20 V as part J of title IV, and transferring such part 21 J so as to follow part I of title IV, as redesignated 22 by section 2101(a) of this Act; 23 (2) in part J of title IV, as redesignated under 24 paragraph (1), by striking the heading and inserting 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00778 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 779 •S 1094 IS the following: ‘‘PROGRAMS OF NATIONAL SIG- 1 NIFICANCE’’; 2 (3) by striking section 5414; 3 (4) by redesignating sections 5411, 5412, and 4 5413, as sections 4905, 4906, and 4907, respec- 5 tively; 6 (5) in section 4905, as redesignated under 7 paragraph (4)— 8 (A) in subsection (a)— 9 (i) by striking ‘‘challenging State aca- 10 demic content and student academic 11 achievement standards’’ and inserting ‘‘col- 12 lege and career ready academic content 13 and student academic achievement stand- 14 ards under section 1111(a)(1)’’; and 15 (ii) by inserting ‘‘nonprofit’’ before 16 ‘‘private’’; and 17 (B) by striking subsection (b), and insert- 18 ing the following: 19 ‘‘(b) USES OF FUNDS.—A nonprofit entity receiving 20 a grant under subsection (a) shall use the grant funds to 21 carry out 1 of the following activities: 22 ‘‘(1) Providing funding for economically dis- 23 advantaged students, including students from mili- 24 tary families and recent immigrants, and their 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00779 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 780 •S 1094 IS teachers, to participate in programs based in Wash- 1 ington, DC, that increase civic responsibility and un- 2 derstanding of the Federal Government among 3 young people. 4 ‘‘(2) Developing, implementing, evaluating, and 5 disseminating innovative, research-based approaches 6 to civic learning, which may include hands-on civic 7 engagement activities, for low-income elementary 8 school and secondary school students that dem- 9 onstrate innovation, scalability, accountability, and a 10 focus on underserved populations. 11 ‘‘(3) Supporting a national principal and teach- 12 er certification process that provides a framework 13 for measuring and improving teaching and instruc- 14 tional leadership with a focus on educators working 15 in schools that are eligible for funding under part A 16 of title I, including comprehensive rigorous teaching 17 standards, leadership standards, and high-quality 18 metrics designed to reward educator effectiveness 19 and inform and deliver high-quality professional de- 20 velopment for all educators. 21 ‘‘(4) Creating a national teacher corps of out- 22 standing college graduates to teach in underserved 23 communities in order to— 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00780 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 781 •S 1094 IS ‘‘(A) increase the supply of effective teach- 1 ers in low-income communities; and 2 ‘‘(B) provide and support the retention of 3 teachers for high-need fields. 4 ‘‘(5) Supporting a national network of providers 5 of high-quality, evidence-based professional develop- 6 ment in writing instruction for teachers across all 7 academic subjects and grades. 8 ‘‘(6) Encouraging parents and caregivers to 9 read aloud to their children by supporting programs 10 through which, during pediatric exams, doctors and 11 nurses train parents and caregivers who may not be 12 skilled readers. 13 ‘‘(7) Supporting the research and implementa- 14 tion of highly effective, evidence-based strategies, in- 15 structional and other wise, and the expansion of pro- 16 grams designed to engage and support students who 17 are recent immigrant and students with interrupted 18 formal education, and families of such students, in 19 order to improve the language acquisition and aca- 20 demic achievement of such students. 21 ‘‘(8) Researching and promoting the use of in- 22 structional technology and strategies across all con- 23 tent areas that will drastically accelerate the lan- 24 guage acquisition in English learners and will sup- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00781 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 782 •S 1094 IS port English learners as they access rigorous aca- 1 demic content. 2 ‘‘(9) Preparing young children from low-income 3 families for reading success by the third grade by— 4 ‘‘(A) distributing inexpensive books; 5 ‘‘(B) training volunteers to serve at-risk 6 children; 7 ‘‘(C) developing motivational literacy ac- 8 tivities for at-risk children; and 9 ‘‘(D) providing information on literacy re- 10 sources, such as those provided by local librar- 11 ies and other community-based organizations. 12 ‘‘(10) Supporting model projects and programs 13 that encourage involvement in the performing and 14 visual arts, for— 15 ‘‘(A) persons with disabilities, by— 16 ‘‘(i) increasing access to all forms of 17 the arts for all persons, including those liv- 18 ing with intellectual, physical, and sensory 19 disabilities; and 20 ‘‘(ii) fostering a greater awareness of 21 the need for arts programs for individuals 22 with disabilities; and 23 ‘‘(B) children, youth, and educators. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00782 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 783 •S 1094 IS ‘‘(11) Implementing a coordinated program of 1 scientifically based research, demonstration projects, 2 innovative strategies, and professional development 3 for teachers and other instructional leaders working 4 in high-poverty schools to— 5 ‘‘(A) enhance the ability of educators to 6 meet the special educational needs of gifted and 7 talented students, including high-ability stu- 8 dents who have not been formally identified as 9 gifted; and 10 ‘‘(B) prioritize students who have been 11 underrepresented in gifted education programs, 12 including students who are economically dis- 13 advantaged, of minority backgrounds, English 14 learners, students with disabilities, and students 15 in rural communities. 16 ‘‘(12) Supporting the research and implementa- 17 tion of highly effective, evidence-based strategies and 18 the expansion of programs designed to engage and 19 support students who experience homelessness, or 20 are at risk of homelessness, and families of such stu- 21 dents, in order to improve social and emotional well- 22 being, health outcomes, and academic achievement 23 of such students. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00783 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 784 •S 1094 IS ‘‘(13) Providing social, emotional, and academic 1 support to students from military families, and fami- 2 lies of such students, by— 3 ‘‘(A) developing, implementing, evaluating, 4 and disseminating innovative, research-based 5 approaches to providing early intervening serv- 6 ices that mitigate the effect of deployment of 7 family members; 8 ‘‘(B) providing training to teachers and 9 volunteers on the unique needs of such stu- 10 dents; and 11 ‘‘(C) supporting model projects and pro- 12 grams for tutoring and counseling. 13 ‘‘(14) Developing, implementing, evaluating, 14 and disseminating innovative, research-based ap- 15 proaches to teaching financial literacy, which may 16 include curriculum and hands-on activities, for low- 17 income elementary school and secondary school stu- 18 dents that demonstrate innovation, scalability, ac- 19 countability, and a focus on underserved popu- 20 lations. 21 ‘‘(15) Promoting gender equity in education by 22 supporting educational agencies and institutions in 23 meeting the requirements of title IX of the Edu- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00784 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 785 •S 1094 IS cation Amendments of 1972 (20 U.S.C. 1681 et 1 seq.). 2 ‘‘(16) Other high-quality, nationally significant 3 programs that meet the purposes of this Act.’’; 4 (6) in section 4906(c), as redesignated under 5 paragraph (4), by striking ‘‘and in recognizing 6 States, local educational agencies, and schools under 7 section 5411(b)(3), only if funds are used for such 8 recognition programs’’; 9 (7) in section 4907, as redesignated under 10 paragraph (4)— 11 (A) in subsection (a)(1), by striking 12 ‘‘5412’’ and inserting ‘‘4906’’; and 13 (B) by striking subsection (d); and 14 (8) in each of sections 4905, 4906, and 4907, 15 as redesignated under paragraph (4), by striking 16 ‘‘subpart’’ each place the term appears and inserting 17 ‘‘part’’. 18 SEC. 4111. COMPETENCY-BASED ASSESSMENT AND AC- 19 COUNTABILITY DEMONSTRATION AUTHOR- 20 ITY. 21 Title IV (20 U.S.C. 7101 et seq.) is amended by in- 22 serting after part J, as redesignated under section 23 4110(1), the following: 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00785 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 786 •S 1094 IS ‘‘PART K—COMPETENCY-BASED ASSESSMENT 1 AND ACCOUNTABILITY DEMONSTRATION AU- 2 THORITY 3 ‘‘SEC. 4909. COMPETENCY-BASED ASSESSMENT AND AC- 4 COUNTABILITY DEMONSTRATION. 5 ‘‘(a) DEFINITIONS.—In this part: 6 ‘‘(1) COLLEGE AND CAREER READY STAND- 7 ARDS.—The term ‘college and career ready stand- 8 ards’ means the academic content and student aca- 9 demic achievement standards adopted by a State 10 under section 1111(a)(1). 11 ‘‘(2) COMPETENCY.—The term ‘competency’ 12 means a target for student learning representing key 13 content-specific concepts and higher order skills, 14 such as critical thinking, problem solving, and self- 15 directed learning that is— 16 ‘‘(A) applied within or across content do- 17 mains; and 18 ‘‘(B) aligned with college and career ready 19 standards. 20 ‘‘(3) CORE INDICATORS.—The term ‘core indi- 21 cators’ means— 22 ‘‘(A) State academic assessments that 23 meet the requirements of section 1111(a)(2)(B) 24 and that provide data that can be compared 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00786 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 787 •S 1094 IS with data regarding the State academic assess- 1 ments required under section 1111(a)(2); and 2 ‘‘(B) State graduation rates. 3 ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en- 4 tity’ means a State educational agency or consor- 5 tium of State educational agencies. 6 ‘‘(5) MASTERY.—The term ‘mastery’ means a 7 level of knowledge or skill development demonstrated 8 by a student signifying that the student has met a 9 standard and is prepared to progress to a subse- 10 quent standard. 11 ‘‘(6) PERFORMANCE ASSESSMENT.—The term 12 ‘performance assessment’ means a multi-step assess- 13 ment that— 14 ‘‘(A) includes complex activities with clear 15 criteria, expectations, and processes that enable 16 students to interact with meaningful content; 17 and 18 ‘‘(B) measures the depth at which students 19 learn content and apply complex skills to create 20 or refine an original product or solution. 21 ‘‘(7) UNIVERSAL DESIGN.—The term ‘universal 22 design’ has the meaning given the term in section 23 3(a) of the Assistive Technology Act of 1998 (29 24 U.S.C. 3002(a)). 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00787 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 788 •S 1094 IS ‘‘(b) DEMONSTRATION AUTHORITY.— 1 ‘‘(1) IN GENERAL.—The Secretary may provide 2 eligible entities, in accordance with paragraph (3), 3 with the authority to incorporate competency-based 4 accountability into the State accountability system 5 required under section 1111(a)(3) in accordance 6 with an application approved under subsection (c). 7 ‘‘(2) DEMONSTRATION PERIOD.—Each award of 8 demonstration authority under this part shall be for 9 a period of 3 years. 10 ‘‘(3) INITIAL DEMONSTRATION AUTHORITY; EX- 11 PANSION; RENEWAL.— 12 ‘‘(A) INITIAL LIMIT.—During the initial 3- 13 year period of demonstration authority under 14 this section, the Secretary may not provide 15 more than 3 eligible entities with the authority 16 described in paragraph (1). 17 ‘‘(B) EXPANSION OF DEMONSTRATION AU- 18 THORITY.—After the end of the initial dem- 19 onstration period described in subparagraph 20 (A), the Secretary may provide additional eligi- 21 ble entities with demonstration authority de- 22 scribed in paragraph (1), subject to each of the 23 requirements of this part as applicable, if the 24 Secretary determines that the demonstration 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00788 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 789 •S 1094 IS authority provided under this part during the 1 initial demonstration period has effectively sup- 2 ported student progress on core indicators 3 among students served by the eligible entities, 4 including subgroups of students described in 5 section 1111(a)(3)(D). 6 ‘‘(C) RENEWAL REQUIREMENTS.—The 7 Secretary may renew an award of demonstra- 8 tion authority under this part for additional 2- 9 year periods if the eligible entity demonstrates 10 progress on core indicators. 11 ‘‘(c) APPLICATIONS.—To be eligible to participate in 12 the demonstration under this part, an eligible entity shall 13 submit an application to the Secretary at such time, in 14 such manner, and containing such information as the Sec- 15 retary may require, that describes the competency-based 16 accountability system that will be used by the eligible enti- 17 ty, including— 18 ‘‘(1) an assurance that the competency-based 19 accountability system will only utilize summative as- 20 sessments for accountability purposes that— 21 ‘‘(A) are determined by the Secretary to 22 provide comparable data across the eligible enti- 23 ty, demonstrate inter-rater reliability, and meet 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00789 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 790 •S 1094 IS the requirements for assessments described in 1 section 1111(a)(2)(B); 2 ‘‘(B) have been field-tested; 3 ‘‘(C) are aligned to college and career 4 ready standards and State-approved com- 5 petencies; 6 ‘‘(D) have been developed in collaboration 7 with stakeholders representing the interests of 8 students with disabilities, English learners, and 9 civil rights organizations in the State, as dem- 10 onstrated through modifications made to the as- 11 sessments resulting from such collaboration; 12 and 13 ‘‘(E) incorporate the principles of universal 14 design; 15 ‘‘(2) how the competency-based accountability 16 system will— 17 ‘‘(A) incorporate a system of formative, in- 18 terim, and summative assessments, including 19 the use of performance assessments and other 20 sources of evidence of student learning that de- 21 termine mastery of State-approved com- 22 petencies aligned to college and career ready 23 standards and competencies; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00790 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 791 •S 1094 IS ‘‘(B) allow students to demonstrate 1 progress toward mastery of such standards and 2 State-approved competencies; 3 ‘‘(C) assess mastery of State-approved 4 competencies when students are ready to dem- 5 onstrate mastery of such standards and com- 6 petencies; 7 ‘‘(D) provide students with multiple oppor- 8 tunities to demonstrate mastery of such stand- 9 ards and competencies; 10 ‘‘(E) ensure that summative assessments 11 comply with the requirements for academic as- 12 sessments, as described in section 13 1111(a)(2)(B), while engaging and supporting 14 teachers in scoring assessments, including the 15 use of high quality professional development, 16 standardized and calibrated scoring rubrics, and 17 other strategies to ensure inter-rater reliability 18 and comparability of determinations of mastery 19 across the State; 20 ‘‘(F) provide educators, students, and par- 21 ents with real-time data to inform instructional 22 practice and continuously improve student per- 23 formance; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00791 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 792 •S 1094 IS ‘‘(G) be used in conjunction with the ac- 1 countability requirements described in section 2 1111(a)(3) and section 1116 to improve the 3 academic outcomes of focus schools identified 4 under section 1116(c), priority schools identi- 5 fied under section 1116(d), and all other 6 schools that fail to meet the school performance 7 targets, established in accordance with section 8 1111(a)(3)(C), for any subgroup described in 9 section 1111(a)(3)(D); 10 ‘‘(H) require not less than 1 year of aca- 11 demic growth within a school year for each stu- 12 dent and assure instructional support and tar- 13 geted intervention are in place for those stu- 14 dents performing below their peers; and 15 ‘‘(I) only utilize a student’s individualized 16 education program, as defined in section 602 of 17 the Individuals with Disabilities Education Act, 18 for purposes specifically allowed under such 19 Act; 20 ‘‘(3) the eligible entity’s plan to— 21 ‘‘(A) ensure that all students, including 22 each student subgroup described in section 23 1111(a)(3)(D)— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00792 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 793 •S 1094 IS ‘‘(i) are held to the same high stand- 1 ard; 2 ‘‘(ii) demonstrate annually, at a min- 3 imum, at least 1 year of academic growth 4 consistent with the requirement in section 5 1111(a)(3)(B); and 6 ‘‘(iii) receive the instructional support 7 needed to attain mastery of college and ca- 8 reer ready standards and State-approved 9 competencies; 10 ‘‘(B) train local educational agency and 11 school staff to implement the assessments de- 12 scribed in paragraph (2)(A); 13 ‘‘(C) acclimate students to the new assess- 14 ment and accountability systems; and 15 ‘‘(D) ensure that each local educational 16 agency has the technological infrastructure to 17 operate the competency-based accountability 18 system described in this section; and 19 ‘‘(4) a description of how instruction and pro- 20 fessional development will be enhanced within the 21 competency-based system to personalize the edu- 22 cational experience for each student to ensure all 23 students graduate college and career ready, as deter- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00793 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 794 •S 1094 IS mined in accordance with State academic achieve- 1 ment standards under section 1111(a)(1). 2 ‘‘(d) PEER REVIEW.—The Secretary shall— 3 ‘‘(1) implement a peer review process, which 4 shall include a review team comprised of practi- 5 tioners and experts who are knowledgeable about 6 competency-based learning systems, to inform the 7 awarding of the demonstration authority under this 8 part; and 9 ‘‘(2) make publicly available the applications 10 submitted under subsection (c) and the peer com- 11 ments and recommendations on such applications. 12 ‘‘(e) DEMONSTRATION AUTHORITY WITHDRAWN.— 13 The Secretary may withdraw the demonstration authority 14 provided to an eligible entity under this part if— 15 ‘‘(1) at any point after the first 2 years of the 16 3-year demonstration period described in subsection 17 (b)(2), the Secretary determines that student per- 18 formance for all students served by the eligible enti- 19 ty or any student subgroup described under section 20 1111(a)(3)(D) has declined on core indicators; or 21 ‘‘(2) after providing a State with a renewal of 22 demonstration authority under subsection (b)(3), the 23 Secretary makes a determination that student per- 24 formance has declined on core indicators for 2 con- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00794 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 795 •S 1094 IS secutive years during the State’s participation in the 1 demonstration under this part. 2 ‘‘(f) DISSEMINATION OF BEST PRACTICES.—The 3 Secretary shall disseminate best practices on the imple- 4 mentation of competency-based accountability systems, in- 5 cluding on— 6 ‘‘(1) the effective use of formative, interim, and 7 summative assessments to inform instruction; 8 ‘‘(2) the development of summative assessments 9 that meet the requirements of section 10 1111(a)(2)(B), can be compared with the State as- 11 sessments required under section 1111(a)(2), and 12 include assessment tasks that determine mastery of 13 State-approved competencies aligned to college and 14 career ready standards; and 15 ‘‘(3) the development of standardized and cali- 16 brated scoring rubrics, and other strategies to en- 17 sure inter-rater reliability and comparability of de- 18 terminations of mastery across the State.’’. 19 TITLE V—PROMOTING 20 INNOVATION 21 SEC. 5001. PROMOTING INNOVATION. 22 Title V (20 U.S.C. 7201 et seq.) is amended by strik- 23 ing the title heading and inserting the following: 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00795 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 796 •S 1094 IS ‘‘TITLE V—PROMOTING 1 INNOVATION’’. 2 PART A—RACE TO THE TOP 3 SEC. 5101. RACE TO THE TOP. 4 Part A of title V (20 U.S.C. 7201 et seq.) is amended 5 to read as follows: 6 ‘‘PART A—RACE TO THE TOP 7 ‘‘SEC. 5101. PURPOSES. 8 ‘‘The purposes of this part are to provide incentives 9 for States and high-need local educational agencies to im- 10 plement comprehensive reforms and innovative strategies 11 that are designed to lead to— 12 ‘‘(1) significant improvements in outcomes for 13 all students, including improvements in student 14 readiness, student academic achievement, high 15 school graduation rates, and rates of student enroll- 16 ment, persistence, and completion in institutions of 17 higher education; and 18 ‘‘(2) significant reductions in achievement gaps 19 between the groups of students described in section 20 1111(a)(2)(B)(x). 21 ‘‘SEC. 5102. RESERVATION OF FUNDS. 22 ‘‘From amounts made available to carry out this part 23 for a fiscal year, the Secretary may reserve not more than 24 5 percent to carry out activities in accordance with this 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00796 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 797 •S 1094 IS part related to technical assistance, evaluation, outreach, 1 and dissemination. 2 ‘‘SEC. 5103. RACE TO THE TOP PROGRAM. 3 ‘‘(a) PROGRAM AUTHORIZED.— 4 ‘‘(1) IN GENERAL.—For each fiscal year for 5 which funds are appropriated under this part and 6 from such funds that are not reserved under section 7 5102, the Secretary shall, in accordance with para- 8 graph (2), determine the educational goals that are 9 the greatest priority for the United States and 10 award grants, through a grant competition, to eligi- 11 ble entities to enable such eligible entities to carry 12 out comprehensive reforms and innovative strategies 13 in furtherance of such goals. 14 ‘‘(2) SELECTION OF GOALS AND CATEGORIES 15 OF ENTITIES.— 16 ‘‘(A) IN GENERAL.—The Secretary shall 17 determine the priorities for grants awarded 18 through a grant competition under this part by 19 selecting in advance of the application period— 20 ‘‘(i) 1 or more categories of entities 21 described in paragraph (3) that may apply 22 for and receive the grants through such 23 grant competition; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00797 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 798 •S 1094 IS ‘‘(ii) 1 or more goals described in 1 paragraph (4) to be supported under the 2 grants. 3 ‘‘(B) ANNOUNCEMENT.—The Secretary 4 shall ensure that information regarding the se- 5 lections of goals and categories of entities for 6 the grants under this part for an upcoming 7 grant competition is made widely available to el- 8 igible entities and that the eligible entities will 9 have sufficient time to prepare a grant applica- 10 tion based on the Secretary’s decisions for the 11 upcoming grant competition. 12 ‘‘(3) ELIGIBLE ENTITIES.—The categories of 13 entities that may be selected for grants under this 14 part are the following: 15 ‘‘(A) A State. 16 ‘‘(B) A high-need local educational agency. 17 ‘‘(C) A consortium of States. 18 ‘‘(D) A consortium of high-need local edu- 19 cational agencies. 20 ‘‘(4) EDUCATIONAL GOALS.—The goals that the 21 Secretary shall select to support through grants 22 under this part are 1 or more of the following: 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00798 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 799 •S 1094 IS ‘‘(A) Increasing the access of children from 1 low-income families to highly rated teachers and 2 school leaders, including by— 3 ‘‘(i) developing and implementing a 4 professional growth and improvement sys- 5 tem; 6 ‘‘(ii) improving the effectiveness of 7 teachers (including early childhood edu- 8 cation educators) and school leaders, in- 9 cluding through high-quality preparation, 10 recruitment, professional development, 11 evaluation, and other personnel policies; 12 and 13 ‘‘(iii) ensuring that all teachers are 14 prepared to effectively serve the needs of 15 students who are children with disabilities 16 or English learners, particularly through 17 the general education curriculum. 18 ‘‘(B) Strengthening the availability and 19 use of high-quality and timely data to improve 20 instructional practices, policies, and student 21 outcomes. 22 ‘‘(C) Implementing— 23 ‘‘(i) elementary and secondary school 24 academic standards that prepare students 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00799 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 800 •S 1094 IS to be college and career ready, in accord- 1 ance with section 1111(a)(1); and 2 ‘‘(ii) strategies that translate such 3 standards into classroom practice, includ- 4 ing in the areas of assessment, instruc- 5 tional materials, and professional develop- 6 ment. 7 ‘‘(D) Turning around the schools served by 8 the eligible entity that are identified through a 9 State’s accountability and improvement system 10 under subsection (c) or (d) of section 1116. 11 ‘‘(E) Creating successful conditions for the 12 creation, expansion, and replication of high-per- 13 forming public charter schools and the creation 14 of new, innovative, and highly autonomous pub- 15 lic schools that will enroll a large percentage of 16 students from low-income families. 17 ‘‘(F) Providing more equitable State and 18 local resources to high-poverty schools. 19 ‘‘(G) Improving school readiness by— 20 ‘‘(i) increasing the number and per- 21 centage of children from low-income fami- 22 lies, in each age group of infants, toddlers, 23 and preschoolers, who are enrolled in high- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00800 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 801 •S 1094 IS quality early childhood education pro- 1 grams; and 2 ‘‘(ii) designing and implementing an 3 integrated system of high-quality early 4 childhood education programs and services 5 that strengthens the coordination and col- 6 laboration among Federal, State, and local 7 early childhood education programs. 8 ‘‘(b) DURATION OF GRANTS.— 9 ‘‘(1) IN GENERAL.—Each grant awarded under 10 this part shall be for a period of not more than 4 11 years. 12 ‘‘(2) REQUIREMENTS FOR ADDITIONAL FUND- 13 ING.—Before receiving funding under any grant 14 under this part for the second or any subsequent 15 year of the grant, the eligible entity receiving the 16 grant shall demonstrate to the Secretary that the el- 17 igible entity is— 18 ‘‘(A) making progress in implementing the 19 plan under section 5104(a)(3) at a rate that the 20 Secretary determines will result in full imple- 21 mentation of the plan during the remainder of 22 the grant period; and 23 ‘‘(B) making progress, as measured by the 24 annual performance measures and targets es- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00801 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 802 •S 1094 IS tablished by the eligible entity under section 1 5105, at a rate that the Secretary determines 2 will result in reaching the targets and achieving 3 the objectives of the grant, during the remain- 4 der of the grant period. 5 ‘‘(c) INTERAGENCY AGREEMENT.—The Secretary 6 shall establish an interagency agreement with the Sec- 7 retary of Health and Human Services to jointly administer 8 any grant competition for the goal of improving early 9 childhood education, as described in subsection (a)(4)(G), 10 and any grants issued under such grant competition. 11 ‘‘SEC. 5104. APPLICATION PROCESS. 12 ‘‘(a) IN GENERAL.—Each eligible entity that desires 13 to receive a grant under this part shall submit an applica- 14 tion to the Secretary at such time, in such manner, and 15 containing such information as the Secretary may reason- 16 ably require. At a minimum, each such application shall 17 include the following: 18 ‘‘(1) Documentation of the eligible entity’s 19 record, as applicable, in the areas to be measured by 20 the performance measures identified by the Sec- 21 retary under section 5105(2). 22 ‘‘(2) Evidence of conditions of innovation and 23 reform that the eligible entity has established and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00802 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 803 •S 1094 IS the eligible entity’s plan for implementing additional 1 conditions for innovation and reform, including— 2 ‘‘(A) a description of how the eligible enti- 3 ty has identified and eliminated ineffective 4 practices in the past, and its plan for doing so 5 in the future; 6 ‘‘(B) a description of how the eligible enti- 7 ty has identified and promoted effective prac- 8 tices in the past, and its plan for doing so in 9 the future; and 10 ‘‘(C) steps the eligible entity has taken and 11 will take to eliminate statutory, regulatory, pro- 12 cedural, or other barriers to facilitate the full 13 implementation of its proposed plan under 14 paragraph (3). 15 ‘‘(3) A comprehensive and coherent plan for 16 using funds under this part, and other Federal, 17 State, and local funds, to improve the eligible enti- 18 ty’s performance on the performance measures iden- 19 tified under section 5105(2), including how the ap- 20 plicant will implement reforms and innovative strate- 21 gies to achieve the goals selected by the Secretary 22 under section 5103(a)(2). 23 ‘‘(4) In the case of an eligible entity that is de- 24 scribed in subparagraph (A) or (C) of section 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00803 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 804 •S 1094 IS 5103(a)(3), evidence of collaboration among the eli- 1 gible entity, local educational agencies in the State 2 (including the local educational agencies partici- 3 pating in carrying out the plan under paragraph 4 (3)), schools that are expected to benefit from the 5 activities under the plan, parents, teachers, and 6 other stakeholders, in developing and implementing 7 the plan, including evidence of the commitment and 8 capacity to implement such plan. 9 ‘‘(5) In the case of an eligible entity described 10 in subparagraph (B) or (D) of section 5103(a)(3), 11 evidence of the eligible entity’s collaboration with its 12 school leaders, teachers, parents, and other stake- 13 holders in developing the plan under paragraph (3), 14 including evidence of the commitment and capacity 15 to implement that plan. 16 ‘‘(6) The eligible entity’s annual performance 17 measures and targets, in accordance with the re- 18 quirements of section 5105. 19 ‘‘(b) CRITERIA FOR EVALUATING APPLICATIONS.— 20 ‘‘(1) IN GENERAL.—The Secretary shall award 21 grants under this part on a competitive basis, based 22 on the quality of the applications submitted by eligi- 23 ble entities. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00804 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 805 •S 1094 IS ‘‘(2) PUBLICATION OF EXPLANATION.—The 1 Secretary shall publish an explanation of how the 2 application review process will ensure an equitable, 3 transparent, and objective evaluation. 4 ‘‘(c) PRIORITY.—In awarding grants under this part, 5 the Secretary shall— 6 ‘‘(1) give priority to any eligible entity de- 7 scribed in subparagraph (B) or (D) of section 8 5103(a)(3) that serves a school designated with a 9 school locale code of 33, 41, 42, or 43, as deter- 10 mined by the Secretary; and 11 ‘‘(2) for any grant competition under this part 12 for the goal of improving early childhood education, 13 as described in section 5103(a)(4)(G), give priority 14 to any eligible entity that provides a full-day kinder- 15 garten program to all kindergarten students, or to 16 all kindergarten students from low-income families, 17 served by the eligible entity. 18 ‘‘SEC. 5105. PERFORMANCE MEASURES. 19 ‘‘Each eligible entity receiving a grant under this part 20 shall establish, subject to approval by the Secretary, an- 21 nual performance measures and targets for the programs 22 and activities carried out under this part. Such perform- 23 ance measures and targets shall, at a minimum, track the 24 eligible entity’s progress in— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00805 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 806 •S 1094 IS ‘‘(1) implementing the plan described in section 1 5104(a)(3); and 2 ‘‘(2) making progress on any other performance 3 measure identified by the Secretary. 4 ‘‘SEC. 5106. USES OF FUNDS. 5 ‘‘(a) USE OF STATE GRANT FUNDS.— 6 ‘‘(1) IN GENERAL.—Each eligible entity de- 7 scribed in subparagraph (A) or (C) of section 8 5103(a)(3) that receives a grant under this part 9 shall— 10 ‘‘(A) except as provided in paragraph (3), 11 use not less than 50 percent of the grant funds 12 to award subgrants under paragraph (2) to the 13 local educational agencies that will participate 14 in the plan for any purpose included in the eli- 15 gible entity’s plan described in section 16 5104(a)(3); and 17 ‘‘(B) use any amount of the grant not dis- 18 tributed under subparagraph (A) for any pur- 19 pose included in the eligible entity’s plan. 20 ‘‘(2) AMOUNT OF SUBGRANTS.—For a fiscal 21 year, the amount of a subgrant under paragraph 22 (1)(A) for a local educational agency that will par- 23 ticipate in the eligible entity’s plan shall bear the 24 same relation to the amount available for all such 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00806 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 807 •S 1094 IS subgrants by the eligible entity for such year, as the 1 amount made available to the local educational agen- 2 cy under part A of title I for the most recent year 3 for which such data are available bears to the total 4 amount made available for such year to all local edu- 5 cational agencies selected to participate in the eligi- 6 ble entity’s plan. 7 ‘‘(3) EXCEPTION.—An eligible entity described 8 in subparagraph (A) or (C) of section 5103(a)(3) 9 that receives a grant under this part for the goal of 10 improving early childhood education, as described in 11 section 5103(a)(4)(G)— 12 ‘‘(A) shall not be subject to the require- 13 ments of paragraph (1)(A); and 14 ‘‘(B) may use grant funds to award sub- 15 grants to public or private nonprofit agencies 16 and organizations for activities consistent with 17 any purpose included in the eligible entity’s 18 plan described in section 5104(a)(3). 19 ‘‘(b) USE OF SUBGRANT FUNDS.—Each local edu- 20 cational agency or public or private nonprofit agency or 21 organization that receives a subgrant under paragraph 22 (1)(A) or (3)(B) of subsection (a) from an eligible entity 23 shall use subgrant funds for any purpose included in the 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00807 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 808 •S 1094 IS eligible entity’s plan described in section 5104(a)(3), sub- 1 ject to any requirements of the eligible entity. 2 ‘‘(c) USE OF HIGH-NEED LOCAL EDUCATIONAL 3 AGENCY GRANT FUNDS.—Each eligible entity described 4 in subparagraph (B) or (D) of section 5103(a)(3) that re- 5 ceives a grant under this part shall use such funds for 6 any purpose included in the eligible entity’s plan described 7 in section 5104(a)(3). 8 ‘‘(d) SPECIAL RULE.— 9 ‘‘(1) LIMITATION ON USE OF FUNDS.—Notwith- 10 standing any other provision of this section, grant or 11 subgrant funds under this part shall only be used to 12 fund a program or activity that is an allowable use 13 of funds under another section of this Act (excluding 14 this part and section 8007, as amended by section 15 8004 of the Strengthening America’s Schools Act of 16 2013), the Individuals with Disabilities Education 17 Act, the Adult Education and Family Literacy Act, 18 or the Carl D. Perkins Career and Technical Edu- 19 cation Act of 2006, except that grant or subgrant 20 funds for the goal of improving early childhood edu- 21 cation, as described in section 5103(a)(4)(G), may 22 also be used to fund a program or activity that is 23 an allowable use of funds under the Head Start Act 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00808 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 809 •S 1094 IS or the Child Care and Development Block Grant Act 1 of 1990. 2 ‘‘(2) LIMITATION OF USE OF FUNDS FOR EARLY 3 CHILDHOOD EDUCATION PROGRAMS.—Grant or 4 subgrant funds under this part that are used to im- 5 prove early childhood education programs shall not 6 be used to carry out any of the following activities: 7 ‘‘(A) Assessments that provide rewards or 8 sanctions for individual children or teachers. 9 ‘‘(B) A single assessment that is used as 10 the primary or sole method for assessing pro- 11 gram effectiveness. 12 ‘‘(C) Evaluating children, other than for 13 the purposes of improving instruction, class- 14 room environment, professional development, or 15 parent and family engagement, or program im- 16 provement. 17 ‘‘SEC. 5107. REPORTING. 18 ‘‘(a) ANNUAL REPORT.—An eligible entity that re- 19 ceives a grant under this part shall submit to the Sec- 20 retary, at such time and in such manner as the Secretary 21 may require, an annual report including, at a minimum— 22 ‘‘(1) data on the eligible entity’s progress in 23 achieving the targets for the annual performance 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00809 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 810 •S 1094 IS measures and targets established under section 1 5105; and 2 ‘‘(2) a description of the challenges the eligible 3 entity has faced in implementing its program under 4 this part, and how the eligible entity has addressed, 5 or plans to address, such challenges. 6 ‘‘(b) LOCAL REPORT.—Each local educational agency 7 and each public or private nonprofit agency or organiza- 8 tion that receives a subgrant from an eligible entity under 9 section 5106(a) shall submit to the eligible entity such in- 10 formation as the eligible entity may require to complete 11 the annual report required by subsection (a).’’. 12 PART B—INVESTING IN INNOVATION 13 SEC. 5201. INVESTING IN INNOVATION. 14 Part B of title V (20 U.S.C. 7221 et seq.) is amended 15 to read as follows: 16 ‘‘PART B—INVESTING IN INNOVATION 17 ‘‘SEC. 5201. PURPOSES. 18 ‘‘The purposes of this part are to— 19 ‘‘(1) fund the identification, development, eval- 20 uation, and expansion of innovative, research- and 21 evidence-based practices, programs, and strategies in 22 order to significantly— 23 ‘‘(A) increase student academic achieve- 24 ment and close achievement gaps; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00810 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 811 •S 1094 IS ‘‘(B) increase high school graduation rates; 1 ‘‘(C) increase college enrollment readiness 2 and rates of college enrollment; 3 ‘‘(D) improve teacher and school leader ef- 4 fectiveness; and 5 ‘‘(E) improve school readiness and 6 strengthen collaboration and coordination 7 among elementary schools and early childhood 8 care and education; and 9 ‘‘(2) support the rapid development, expansion, 10 adoption, and implementation of tools and resources 11 that improve the efficiency, effectiveness, or pace of 12 adoption of such educational practices, programs, 13 and strategies. 14 ‘‘SEC. 5202. RESERVATIONS. 15 ‘‘(a) ARPA-ED.—The Secretary may reserve not 16 more than 30 percent of the funds appropriated under sec- 17 tion 3(u) for each fiscal year to carry out the activities 18 of the Advanced Research Projects Agency-Education es- 19 tablished under section 221 of the Department of Edu- 20 cation Organization Act, except that the amount so re- 21 served for any fiscal year shall not exceed $100,000,000. 22 ‘‘(b) NATIONAL ACTIVITIES.—The Secretary may re- 23 serve not more than 5 percent of the funds appropriated 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00811 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 812 •S 1094 IS under section 3(u) for any fiscal year to carry out activi- 1 ties of national significance. Such activities may include— 2 ‘‘(1) capacity-building; 3 ‘‘(2) technical assistance; 4 ‘‘(3) dissemination of best practices developed 5 with grant funds provided under this part; and 6 ‘‘(4) carrying out prize awards consistent with 7 section 24 of the Stevenson-Wydler Technology In- 8 novation Act of 1980 (15 U.S.C. 3719). 9 ‘‘(c) AVAILABILITY OF FUNDS.—Funds for the activi- 10 ties described in subsection (a), and for prize awards 11 under subsection (b)(4), shall be available until expended. 12 ‘‘SEC. 5203. PROGRAM AUTHORIZED; LENGTH OF GRANTS; 13 PRIORITIES. 14 ‘‘(a) PROGRAM AUTHORIZATION.— 15 ‘‘(1) IN GENERAL.—From amounts made avail- 16 able to carry out this part and not reserved under 17 section 5202 for a fiscal year, the Secretary shall 18 award grants, on a competitive basis, to eligible enti- 19 ties. 20 ‘‘(2) ELIGIBLE ENTITY.—In this part, the term 21 ‘eligible entity’ means— 22 ‘‘(A) a local educational agency or a con- 23 sortium of local educational agencies; or 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00812 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 813 •S 1094 IS ‘‘(B) a partnership between a nonprofit or- 1 ganization or an educational service agency 2 and— 3 ‘‘(i) 1 or more local educational agen- 4 cies; or 5 ‘‘(ii) a consortium of public schools. 6 ‘‘(b) DURATION OF GRANTS.—The Secretary— 7 ‘‘(1) shall award grants under this part for a 8 period of not more than 3 years; and 9 ‘‘(2) may extend such grants for an additional 10 2-year period if the grantee demonstrates to the Sec- 11 retary that it is making significant progress on the 12 program performance measures identified in section 13 5206. 14 ‘‘(c) RURAL SET-ASIDE.—The Secretary shall ensure 15 that not less than 22 percent of the funds awarded under 16 subsection (a) for any fiscal year are for projects that meet 17 both of the following requirements, except that the Sec- 18 retary shall not be required to make such awards unless 19 a sufficient number of otherwise eligible high quality appli- 20 cations are received: 21 ‘‘(1) The eligible entity includes— 22 ‘‘(A) a local educational agency with an 23 urban-centric district locale code of 32, 33, 41, 24 42, or 43, as determined by the Secretary; 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00813 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 814 •S 1094 IS ‘‘(B) a consortium of such local edu- 1 cational agencies; or 2 ‘‘(C) if the applicant is a partnership, an 3 educational service agency or a nonprofit orga- 4 nization with demonstrated expertise in serving 5 students from rural areas. 6 ‘‘(2) A majority of the schools to be served by 7 the project are designated with a school locale code 8 of 41, 42, or 43, or a combination of such codes, as 9 determined by the Secretary, and— 10 ‘‘(A) are served by a local educational 11 agency in which 20 percent or more of the chil- 12 dren ages 5 through 17 years old are from fam- 13 ilies with incomes below the poverty line; 14 ‘‘(B) are served by a local educational 15 agency in which the total number of students in 16 average daily attendance at all of the schools 17 served by the local educational agency is fewer 18 than 600; or 19 ‘‘(C) are served by a local educational 20 agency located in a county that has a total pop- 21 ulation density of fewer than 10 persons per 22 square mile. 23 ‘‘(d) PRIORITIES.—In awarding grants under this 24 part, the Secretary shall give priority to an eligible entity 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00814 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 815 •S 1094 IS that includes, in its application under section 5204, a plan 1 to— 2 ‘‘(1) address the needs of high-need local edu- 3 cational agencies; 4 ‘‘(2) improve school readiness; or 5 ‘‘(3) address the unique learning needs of stu- 6 dents who are children with disabilities or English 7 learners. 8 ‘‘(e) STANDARDS OF EVIDENCE.—The Secretary 9 shall set standards for the quality of evidence that an ap- 10 plicant shall provide in order to demonstrate that the ac- 11 tivities it proposes to carry out with funds under this part 12 are likely to succeed in improving student outcomes, in- 13 cluding, where applicable, academic achievement and grad- 14 uation rates. These standards shall include the following: 15 ‘‘(1) Strong evidence that the activities pro- 16 posed by the applicant will have a statistically sig- 17 nificant effect on student outcomes. 18 ‘‘(2) Moderate evidence that the activities pro- 19 posed by the applicant will improve outcomes. 20 ‘‘(3) A rationale based on research findings or 21 a reasonable hypothesis that the activities proposed 22 by the applicant will improve student outcomes. 23 ‘‘(f) SUPPORT FOR NEW PRACTICES, STRATEGIES, 24 OR PROGRAMS.— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00815 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 816 •S 1094 IS ‘‘(1) IN GENERAL.—The Secretary shall ensure 1 that not less than one-half of the funds awarded 2 under subsection (a) for any fiscal year are for 3 projects that— 4 ‘‘(A) meet an evidence standard described 5 in paragraph (2) or (3) of subsection (e); and 6 ‘‘(B) do not meet the evidence standard 7 described in paragraph (1) of such subsection. 8 ‘‘(2) EXCEPTION.—The Secretary shall not be 9 required to make the awards described in paragraph 10 (1) unless a sufficient number of otherwise eligible 11 high-quality applications are received. 12 ‘‘SEC. 5204. APPLICATIONS. 13 ‘‘Each eligible entity that desires to receive a grant 14 under this part shall submit an application to the Sec- 15 retary at such time, in such manner, and containing such 16 information as the Secretary may reasonably require. At 17 a minimum, each application shall— 18 ‘‘(1) describe the project for which the appli- 19 cant is seeking a grant and how the evidence sup- 20 porting that project meets the standards of evidence 21 established by the Secretary under section 5203(e); 22 ‘‘(2) describe how the applicant will address at 23 least 1 of the areas described in section 5205(a)(1); 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00816 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 817 •S 1094 IS ‘‘(3) provide an estimate of the number of chil- 1 dren that the applicant plans to serve under the pro- 2 posed project, including the percentage of those chil- 3 dren who are from low-income families; 4 ‘‘(4) demonstrate that the applicant has estab- 5 lished 1 or more partnerships with public or private 6 organizations and that the partner or partners will 7 provide matching funds, except that the Secretary 8 may waive the matching funds requirement on a 9 case-by-case basis, upon a showing of exceptional 10 circumstances; 11 ‘‘(5) describe the applicant’s plan for continuing 12 the proposed project after funding under this part 13 ends; 14 ‘‘(6) if the applicant is a local educational agen- 15 cy— 16 ‘‘(A) document the local educational agen- 17 cy’s record during the previous 3 years in— 18 ‘‘(i) increasing student achievement, 19 including achievement for each subgroup of 20 students described in section 21 1111(a)(2)(B)(x); and 22 ‘‘(ii) closing achievement gaps; and 23 ‘‘(B) demonstrate how the local edu- 24 cational agency has made significant improve- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00817 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 818 •S 1094 IS ments in other outcomes, as applicable, on the 1 performance measures described in section 2 5206; 3 ‘‘(7) if the applicant is a partnership that in- 4 cludes a nonprofit organization or educational serv- 5 ice agency, provide evidence that the nonprofit orga- 6 nization or educational service agency has helped at 7 least 1 school or local educational agency, during the 8 previous 3 years, significantly— 9 ‘‘(A) increase student achievement, includ- 10 ing achievement for each subgroup of students 11 described in section 1111(a)(2)(B)(x); and 12 ‘‘(B) close achievement gaps; 13 ‘‘(8) provide a description of the applicant’s 14 plan for independently evaluating the effectiveness of 15 activities carried out with funds under this part; 16 ‘‘(9) provide an assurance that the applicant 17 will— 18 ‘‘(A) cooperate with evaluations, as re- 19 quested by the Secretary; 20 ‘‘(B) make data available to third parties 21 for validation and further study; and 22 ‘‘(C) participate in communities of prac- 23 tice; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00818 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 819 •S 1094 IS ‘‘(10) if the applicant is a partnership that in- 1 cludes a nonprofit organization or educational serv- 2 ice agency that intends to make subgrants, con- 3 sistent with section 5205(b), provide an assurance 4 that the applicant will apply paragraphs (1) through 5 (9), as appropriate, in its selection of subgrantees 6 and in its oversight of those subgrants. 7 ‘‘SEC. 5205. USES OF FUNDS. 8 ‘‘(a) USES OF FUNDS.— 9 ‘‘(1) MANDATORY USES.—Each eligible entity 10 that receives a grant under this part shall carry out 11 the following: 12 ‘‘(A) Use the grant funds to carry out, at 13 a minimum, 1 of the following activities: 14 ‘‘(i) Improving the effectiveness of 15 teachers and school leaders and increasing 16 equity in the distribution of effective teach- 17 ers and school leaders. 18 ‘‘(ii) Strengthening the use of data to 19 improve teaching and learning. 20 ‘‘(iii) Providing high-quality instruc- 21 tion based on college and career ready 22 standards and measuring students’ mas- 23 tery of standards using high-quality assess- 24 ments aligned with those standards. 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00819 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 820 •S 1094 IS ‘‘(iv) Turning around the lowest-per- 1 forming schools. 2 ‘‘(v) Improving school readiness for 3 students who are low-income, English 4 learners, or children with disabilities. 5 ‘‘(vi) Other areas relating to school 6 improvement consistent with the purposes 7 of this part, as determined by the Sec- 8 retary. 9 ‘‘(B) Use the grant funds to develop or ex- 10 pand strategies to improve the performance of 11 high-need students on the applicable perform- 12 ance measures described in section 5206. 13 ‘‘(2) PERMISSIVE USE OF FUNDS.—Each eligi- 14 ble entity that receives a grant under this part may 15 use the grant funds for an independent evaluation, 16 as required under section 5204(a)(8), of the innova- 17 tive practice carried out with the grant. 18 ‘‘(b) AUTHORITY TO SUBGRANT.— 19 ‘‘(1) IN GENERAL.—If an eligible entity that re- 20 ceives a grant under this part includes a nonprofit 21 organization or educational service agency, such 22 nonprofit organization or educational service agency 23 may use the grant funds to award subgrants to 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00820 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 821 •S 1094 IS other entities to provide support to 1 or more 1 schools or local educational agencies. 2 ‘‘(2) COMPLIANCE WITH REQUIREMENTS OF 3 GRANTEES.—Each entity awarded a subgrant under 4 paragraph (1) shall comply with the requirements of 5 this part relating to grantees, as appropriate. 6 ‘‘SEC. 5206. PERFORMANCE MEASURES. 7 ‘‘The Secretary shall establish performance measures 8 for the programs and activities carried out under this part. 9 These measures, at a minimum, shall track the grantee’s 10 progress in improving outcomes for each subgroup of stu- 11 dents described in section 1111(a)(2)(B)(x) that is served 12 by the grantee, including, as applicable, by— 13 ‘‘(1) increasing student achievement and de- 14 creasing achievement gaps; 15 ‘‘(2) increasing high school graduation rates; 16 ‘‘(3) increasing college readiness and rates of 17 college enrollment; 18 ‘‘(4) improving teacher and school leader effec- 19 tiveness; 20 ‘‘(5) improving school readiness; and 21 ‘‘(6) any other indicator as the Secretary or 22 grantee may determine. 23 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00821 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 822 •S 1094 IS ‘‘SEC. 5207. REPORTING. 1 ‘‘An eligible entity that receives a grant under this 2 part shall submit to the Secretary, at such time and in 3 such manner as the Secretary may require, an annual re- 4 port that includes, among other things, information on the 5 entity’s progress on the performance measures established 6 under section 5206, and the data supporting that 7 progress.’’. 8 PART C—MAGNET SCHOOLS ASSISTANCE 9 SEC. 5301. FINDINGS AND PURPOSE. 10 Section 5301 (20 U.S.C. 7231) is amended— 11 (1) in subsection (a)— 12 (A) by striking paragraph (2) and insert- 13 ing the following: 14 ‘‘(2) The use of magnet schools has increased 15 dramatically since the inception of the magnet 16 schools assistance program under this Act, with 17 more than 1,500,000 students nationwide attending 18 such schools.’’; and 19 (B) in paragraph (4), by striking subpara- 20 graph (B) and inserting the following: 21 ‘‘(B) to ensure that all students have equi- 22 table access to a high-quality public education 23 that will prepare them to succeed in a highly 24 competitive economy comprised of people from 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00822 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 823 •S 1094 IS many different racial and ethnic backgrounds; 1 and’’; and 2 (2) in subsection (b)— 3 (A) in paragraph (2)— 4 (i) by inserting ‘‘, particularly whole- 5 school programs,’’ after ‘‘magnet school 6 programs’’; and 7 (ii) by striking ‘‘challenging State aca- 8 demic content standards and student aca- 9 demic achievement standards’’ and insert- 10 ing ‘‘college and career ready State aca- 11 demic content standards and student aca- 12 demic achievement standards under section 13 1111(a)(1)’’; and 14 (B) by striking paragraphs (3) and (4) and 15 inserting the following: 16 ‘‘(3) the development and design of evidence- 17 based educational methods and practices that pro- 18 mote diversity and increase high-quality public edu- 19 cational options; 20 ‘‘(4) courses of instruction within magnet 21 schools that will substantially increase the college 22 and career readiness of students attending such 23 schools;’’. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00823 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 824 •S 1094 IS SEC. 5302. PROGRAM AUTHORIZED. 1 Section 5303 (20 U.S.C. 7231b) is amended, in the 2 matter preceding paragraph (1), by inserting ‘‘competi- 3 tive’’ after ‘‘to award’’. 4 SEC. 5303. APPLICATIONS AND REQUIREMENTS. 5 Section 5305 (20 U.S.C. 7231d) is amended— 6 (1) by striking subsection (b) and inserting the 7 following: 8 ‘‘(b) INFORMATION AND ASSURANCES.—Each appli- 9 cation submitted under subsection (a) shall include— 10 ‘‘(1) a description of— 11 ‘‘(A) how a grant awarded under this part 12 will be used to— 13 ‘‘(i) improve student academic 14 achievement for all students and subgroups 15 of students described in section 16 1111(a)(2)(B)(x) attending the magnet 17 school program; and 18 ‘‘(ii) promote desegregation, including 19 how the proposed magnet school program 20 will increase interaction among students of 21 different social, economic, ethnic, and ra- 22 cial backgrounds, including the policies, 23 programs, and activities aimed at increas- 24 ing interaction among such students; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00824 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 825 •S 1094 IS ‘‘(B)(i) a description of the evidence that 1 the magnet school program that the applicant 2 proposes to implement would improve student 3 academic achievement and reduce minority 4 group isolation; or 5 ‘‘(ii) if such evidence is not available, a ra- 6 tionale, based on current research findings, for 7 how the program would improve student aca- 8 demic achievement and reduce minority group 9 isolation; 10 ‘‘(C) how the applicant will continue the 11 magnet school program after assistance under 12 this part is no longer available, and, if applica- 13 ble, an explanation of why magnet schools es- 14 tablished or supported by the applicant with 15 grant funds under this part cannot be contin- 16 ued without the use of grant funds under this 17 part; 18 ‘‘(D) how grant funds under this part will 19 be used— 20 ‘‘(i) to improve student academic 21 achievement for all students attending the 22 magnet school programs; and 23 ‘‘(ii) to implement services and activi- 24 ties that are consistent with other pro- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00825 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 826 •S 1094 IS grams under this Act, and other Acts, as 1 appropriate; 2 ‘‘(E) the student application process, and 3 selection criteria, if any, to be used by the pro- 4 posed magnet school program; 5 ‘‘(F) how the applicant will conduct out- 6 reach and disseminate information about the 7 proposed magnet school program, including the 8 application and selection process, in a timely, 9 clear, and accessible manner to all students and 10 their parents and families and, to the extent 11 practicable, in a language they can understand; 12 and 13 ‘‘(G) how the applicant will assess, mon- 14 itor, and evaluate the impact of the activities 15 funded under this part on student academic 16 achievement and integration; and 17 ‘‘(2) assurances that the applicant will— 18 ‘‘(A) use grant funds under this part for 19 the purpose specified in section 5301(b); 20 ‘‘(B) employ highly rated school leaders 21 and teachers in the courses of instruction as- 22 sisted under this part; 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00826 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 827 •S 1094 IS ‘‘(C) not engage in discrimination based on 1 race, religion, color, national origin, sex, or dis- 2 ability in— 3 ‘‘(i) the hiring, promotion, or assign- 4 ment of employees of the applicant or 5 other personnel for whom the applicant has 6 any administrative responsibility; 7 ‘‘(ii) the assignment of students to 8 schools, or to courses of instruction within 9 the schools, of such applicant, except to 10 carry out the approved plan; and 11 ‘‘(iii) designing or operating extra- 12 curricular activities for students; 13 ‘‘(D) carry out a high-quality education 14 program that will result in greater parent and 15 family decisionmaking and engagement; and 16 ‘‘(E) give students residing in the local at- 17 tendance area of the proposed magnet school 18 program equitable consideration for placement 19 in the program, consistent with desegregation 20 guidelines and the capacity of the applicant to 21 accommodate the students.’’; and 22 (2) in subsection (c), by striking ‘‘will be met’’ 23 and inserting ‘‘are being met’’. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00827 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 828 •S 1094 IS SEC. 5304. PRIORITY. 1 Section 5306 (20 U.S.C. 7231e) is amended by strik- 2 ing paragraphs (1), (2), and (3), and inserting the fol- 3 lowing: 4 ‘‘(1) have the highest quality applications and 5 demonstrate the greatest need for assistance, based 6 on the expense or difficulty of effectively carrying 7 out approved desegregation plans and the magnet 8 school program for which the grant is sought; 9 ‘‘(2) propose to carry out new magnet school 10 programs, significantly revise existing magnet school 11 programs, or significantly expand magnet school 12 programs, in a manner that— 13 ‘‘(A) is aligned with other programs that 14 have demonstrated a record of success in in- 15 creasing student academic achievement and re- 16 ducing minority group isolation; or 17 ‘‘(B) has a strong research basis for im- 18 proving student academic achievement and re- 19 ducing minority group isolation; 20 ‘‘(3) select, or propose to select, students to at- 21 tend magnet school programs solely or primarily by 22 lottery, rather than through academic examination 23 or other selective enrollment methods; and 24 ‘‘(4) propose to serve the entire student popu- 25 lation of a school.’’. 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00828 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 829 •S 1094 IS SEC. 5305. USE OF FUNDS. 1 Section 5307 (20 U.S.C. 7231f) is amended— 2 (1) in subsection (a), by striking paragraphs 3 (1) through (7) and inserting the following: 4 ‘‘(1) for planning, outreach, and promotional 5 activities directly related to the development, expan- 6 sion, continuation, or enhancement of academic pro- 7 grams and services offered at magnet schools; 8 ‘‘(2) for the acquisition of books, educational 9 technology, materials, and equipment necessary to 10 conduct programs in magnet schools; 11 ‘‘(3) for— 12 ‘‘(A) the compensation, or subsidization of 13 the compensation, of elementary school and sec- 14 ondary school teachers, leaders, and other in- 15 structional staff who are highly rated; and 16 ‘‘(B) high-quality professional development 17 and staff capacity-building activities, including 18 those designed to recruit, prepare, support, and 19 retain highly rated school teachers, leaders, and 20 other instructional staff; 21 ‘‘(4) with respect to a magnet school program 22 offered to less than the entire student population of 23 a school, for instructional activities that are designed 24 to make available the special curriculum that is of- 25 fered by the magnet school program to students who 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00829 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 830 •S 1094 IS are enrolled in the school but who are not enrolled 1 in the magnet school program; 2 ‘‘(5) for activities, which may include the for- 3 mation of partnerships with public or nonprofit or- 4 ganizations, to help enhance the program or promote 5 parent and family decisionmaking and engagement 6 that will build the recipient’s capacity to operate 7 magnet school programs once the grant period has 8 ended; 9 ‘‘(6) to enable the local educational agency, or 10 consortium of such agencies, to have more flexibility 11 in designing magnet schools for students in all 12 grades; and 13 ‘‘(7) for other operational costs that cannot be 14 met with other State or local sources.’’; and 15 (2) in subsection (b), by striking ‘‘based on the 16 State’s challenging academic content standards and 17 student academic achievement standards or directly 18 related to improving student reading skills or knowl- 19 edge of mathematics, science, history, geography, 20 English, foreign languages, art, or music, or to im- 21 proving vocational, technological, and professional 22 skills’’ and inserting ‘‘and making sufficient aca- 23 demic growth’’. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00830 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 831 •S 1094 IS SEC. 5306. LIMITATIONS. 1 Section 5309 (20 U.S.C. 7231h) is amended— 2 (1) in subsection (a), by striking ‘‘a period that 3 shall not exceed 3 fiscal years’’ and inserting ‘‘an 4 initial period of not more than 3 fiscal years, and 5 may be renewed for not more than an additional 2 6 years if the Secretary finds that the grantee is 7 achieving the intended outcomes of the grant and 8 shows improvement in increasing student academic 9 achievement and reducing minority-group isolation, 10 and other indicators of success established by the 11 Secretary’’; and 12 (2) in subsection (b)— 13 (A) by striking ‘‘50’’ and inserting ‘‘40’’; 14 and 15 (B) by striking ‘‘15’’ and inserting ‘‘10’’. 16 SEC. 5307. EVALUATIONS. 17 Section 5310 (20 U.S.C. 7231i) is amended to read 18 as follows: 19 ‘‘SEC. 5310. EVALUATIONS. 20 ‘‘(a) IMPACT OF ACTIVITIES.—From the amount re- 21 served for evaluation activities in accordance with section 22 9601(a), the Secretary, acting through the Director of the 23 Institute of Education Sciences, shall, in consultation with 24 the relevant program office at the Department, evaluate 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00831 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 832 •S 1094 IS the implementation and impact of the activities supported 1 under this part, consistent with section 9601, including— 2 ‘‘(1) how, and the extent to which, magnet 3 school programs lead to educational quality and im- 4 provement; 5 ‘‘(2) the extent to which magnet school pro- 6 grams enhance student access to a high quality edu- 7 cation; 8 ‘‘(3) the extent to which magnet school pro- 9 grams lead to the elimination, reduction, or preven- 10 tion of minority group isolation in elementary 11 schools and secondary schools with substantial pro- 12 portions of minority students; and 13 ‘‘(4) the extent to which magnet school pro- 14 grams differ from other school programs in terms of 15 the organizational characteristics and resource allo- 16 cations of such magnet school programs. 17 ‘‘(b) DISSEMINATION.—The Secretary shall collect 18 and disseminate to the general public information on suc- 19 cessful magnet school programs.’’. 20 SEC. 5308. AVAILABILITY OF FUNDS FOR GRANTS TO AGEN- 21 CIES NOT PREVIOUSLY ASSISTED. 22 Section 5311 (20 U.S.C. 7231j) is amended to read 23 as follows: 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00832 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 833 •S 1094 IS ‘‘SEC. 5311. AVAILABILITY OF FUNDS FOR GRANTS TO 1 AGENCIES NOT PREVIOUSLY ASSISTED. 2 ‘‘For any fiscal year for which the amount appro- 3 priated pursuant to section 3(v) exceeds $75,000,000, the 4 Secretary shall give priority in using such amounts in ex- 5 cess of $75,000,000 to awarding grants to local edu- 6 cational agencies or consortia of such agencies that did 7 not receive a grant under this part for the preceding fiscal 8 year.’’. 9 PART D—PUBLIC CHARTER SCHOOLS 10 SEC. 5401. PUBLIC CHARTER SCHOOLS. 11 Part D of title V (20 U.S.C. 7241 et seq.) is amended 12 to read as follows: 13 ‘‘PART D—PUBLIC CHARTER SCHOOLS 14 ‘‘SEC. 5401. PURPOSE. 15 ‘‘The purpose of this part is to support the creation, 16 expansion, and replication of high-performing charter 17 schools that serve the needs and increase the academic 18 achievement of all students. 19 ‘‘SEC. 5402. DISTRIBUTION OF FUNDS. 20 ‘‘From the funds appropriated to carry out this part 21 for a fiscal year— 22 ‘‘(1) 85 percent shall be available to carry out 23 subpart 1; and 24 ‘‘(2) 15 percent shall be available to carry out 25 subpart 2. 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00833 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 834 •S 1094 IS ‘‘Subpart 1—Successful Charter Schools Program 1 ‘‘SEC. 5411. DEFINITIONS. 2 ‘‘In this subpart: 3 ‘‘(1) CHARTER SCHOOL.—The term ‘charter 4 school’ means a public school that— 5 ‘‘(A) is governed by a separate and inde- 6 pendent board that exercises authority over 1 or 7 more schools, including authority in the areas 8 of governance, personnel, budget, schedule, and 9 instructional program; 10 ‘‘(B) has ongoing, significant autonomy in 11 the areas of— 12 ‘‘(i) the hiring, replacement, and sala- 13 ries of the school staff; 14 ‘‘(ii) the school budget; 15 ‘‘(iii) scheduling formats for the 16 school day and school year; 17 ‘‘(iv) the instructional programs of the 18 school, including instructional models and 19 curricula; and 20 ‘‘(v) the management and daily oper- 21 ation of the school; 22 ‘‘(C) in accordance with a specific State 23 statute authorizing the granting of charters to 24 schools, is exempt from significant State or 25 local rules that inhibit the flexible operation 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00834 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 835 •S 1094 IS and management of public schools, but not 1 from any rules relating to the other require- 2 ments of this paragraph; 3 ‘‘(D) is created by a developer as a public 4 school, or is adapted by a developer from an ex- 5 isting public school, and is operated under pub- 6 lic supervision and direction; 7 ‘‘(E) operates in pursuit of a specific set of 8 educational objectives determined by the 9 school’s developer and agreed to by the charter 10 school authorizer; 11 ‘‘(F) provides 1 or more programs of ele- 12 mentary education, secondary education, or 13 both, including early childhood education, and 14 may also provide adult education, in accordance 15 with State law; 16 ‘‘(G) is nonsectarian in its programs, ad- 17 missions policies, employment practices, and all 18 other operations, and is not affiliated with a 19 sectarian school or religious institution; 20 ‘‘(H) does not charge tuition; 21 ‘‘(I) complies with the Age Discrimination 22 Act of 1975, title VI of the Civil Rights Act of 23 1964, title IX of the Education Amendments of 24 1972, section 504 of the Rehabilitation Act of 25 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00835 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 836 •S 1094 IS 1973, title II of the Americans with Disabilities 1 Act of 1990, and part B of the Individuals with 2 Disabilities Education Act; 3 ‘‘(J) is a school to which parents choose to 4 send their children, and that admits students 5 on the basis of a lottery if more students apply 6 for admission than can be accommodated, ex- 7 cept as modified by the Secretary by regulation 8 in accordance with clause (iv) or (v) of section 9 1116(d)(4)(B); 10 ‘‘(K) complies with the same Federal and 11 State audit requirements as do other elemen- 12 tary schools, secondary schools, and early child- 13 hood education and adult education programs, 14 as applicable, in the State, unless such require- 15 ments are specifically waived for the purpose of 16 this program; 17 ‘‘(L) meets all applicable Federal, State, 18 and local health and safety requirements; 19 ‘‘(M) operates in accordance with State 20 law; and 21 ‘‘(N) has a written performance contract 22 with a charter school authorizer that includes— 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00836 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 837 •S 1094 IS ‘‘(i) a description of how student per- 1 formance will be measured on the basis 2 of— 3 ‘‘(I) State assessments that are 4 required of other public schools; and 5 ‘‘(II) any other assessments that 6 are mutually agreeable to the charter 7 school authorizer and the charter 8 school; 9 ‘‘(ii) a requirement that student aca- 10 demic achievement and growth, consistent 11 with section 1111, for the students en- 12 rolled at the school as a whole and for each 13 subgroup described in section 14 1111(a)(3)(D) will be used as a primary 15 factor in decisions about the renewal or 16 revocation of the charter, in addition to 17 other criteria, as appropriate; 18 ‘‘(iii) the student academic achieve- 19 ment and growth, consistent with section 20 1111, and student retention goals, and, in 21 the case of a high school, graduation rate 22 goals for the students enrolled at the 23 school as a whole and for each subgroup 24 described in section 1111(a)(3)(D), and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00837 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 838 •S 1094 IS any other goals to be achieved by the end 1 of the contract period; 2 ‘‘(iv) the obligations and responsibil- 3 ities of the charter school and the charter 4 school authorizer; and 5 ‘‘(v) a description of the autonomy 6 that will be granted to the charter school 7 in each area described under subparagraph 8 (B). 9 ‘‘(2) CHARTER SCHOOL AUTHORIZER.—The 10 term ‘charter school authorizer’ means any public or 11 nonprofit entity that has the authority under State 12 law, and is approved by the Secretary, to authorize 13 or approve a public charter school. 14 ‘‘(3) DEVELOPER.—The term ‘developer’ means 15 any individual, group of individuals, or public non- 16 profit organization that— 17 ‘‘(A) has applied for, or been granted, a 18 charter for a charter school; or 19 ‘‘(B) has received authorization to start a 20 charter school. 21 ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en- 22 tity’ means— 23 ‘‘(A) a State educational agency; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00838 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 839 •S 1094 IS ‘‘(B) a local educational agency, except a 1 charter school that is considered a local edu- 2 cational agency under State law; 3 ‘‘(C) a charter school authorizer; or 4 ‘‘(D) a charter management organization. 5 ‘‘(5) EXPAND.—The term ‘expand’ means to in- 6 crease the student enrollment of an existing high- 7 performing charter school by more than 50 percent 8 or through the addition of not less than 2 grades to 9 such existing charter school over the course of a 10 grant or subgrant under this part. 11 ‘‘(6) HIGH-PERFORMING CHARTER SCHOOL.— 12 The term ‘high-performing charter school’ means— 13 ‘‘(A) in the case of a charter school that 14 was not open or did not enroll students in the 15 preceding school year, a charter school that has 16 a written performance contract with a charter 17 school authorizer that includes, for the students 18 enrolled at the school as a whole and for each 19 subgroup described in section 1111(a)(3)(D) for 20 the most recent year for which such data are 21 available— 22 ‘‘(i) student academic achievement 23 and growth goals (as measured, in the case 24 of a charter school that is an elementary 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00839 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 840 •S 1094 IS school or secondary school, by performance 1 on the statewide academic assessments re- 2 quired under section 1111(a)(2) and indi- 3 vidual academic growth, consistent with 4 section 1111(a)) that are higher than the 5 average student academic achievement and 6 growth results, consistent with section 7 1111, in demographically similar schools in 8 the State; 9 ‘‘(ii) student retention goals that are 10 similar to, or greater than, the average 11 student retention rates in demographically 12 similar schools in the State; and 13 ‘‘(iii) if the charter school is a high 14 school, goals for graduation rates, rates of 15 student enrollment at institutions of higher 16 education, and rates of student persistence 17 at institutions of higher education that are 18 higher than such average rates in demo- 19 graphically similar schools in the State; or 20 ‘‘(B) in the case of a charter school that 21 was open and enrolled students for the pre- 22 ceding school year, a charter school that has, 23 for the students enrolled at the school as a 24 whole and for each subgroup described in sec- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00840 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 841 •S 1094 IS tion 1111(a)(3)(D) for the most recent year for 1 which such data are available— 2 ‘‘(i) student academic achievement 3 and growth results (as measured, in the 4 case of a charter school that is an elemen- 5 tary school or secondary school, by per- 6 formance on the statewide academic as- 7 sessments required under section 8 1111(a)(2) and individual academic 9 growth, consistent with section 1111) that 10 are significantly higher than the average 11 student academic achievement and growth 12 results, consistent with section 1111, in de- 13 mographically similar schools in the State; 14 ‘‘(ii) student retention rates that are 15 similar to or higher than the average stu- 16 dent retention rates in demographically 17 similar schools in the State; and 18 ‘‘(iii) if the school is a high school, 19 higher graduation rates, rates of student 20 enrollment at institutions of higher edu- 21 cation, and rates of student persistence at 22 institutions of higher education than such 23 average rates in demographically similar 24 schools in the State. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00841 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 842 •S 1094 IS ‘‘(7) REPLICATE.—The term ‘replicate’ means 1 to open 1 or more new campuses of, or schools based 2 on, an existing high-performing charter school under 3 a new or existing charter, or both, over the course 4 of a grant or subgrant under this part. 5 ‘‘SEC. 5412. PROGRAM AUTHORIZED. 6 ‘‘(a) IN GENERAL.—From the amount available to 7 carry out this subpart, the Secretary shall award grants, 8 on a competitive basis, to eligible entities to enable such 9 eligible entities to award subgrants to developers to create, 10 expand, or replicate 1 or more high-performing charter 11 schools, including through conversion of an existing public 12 school into a charter school. 13 ‘‘(b) ALLOCATIONS.—The Secretary shall use not less 14 than 25 percent of funds to award grants to eligible enti- 15 ties described in 5411(4)(A). 16 ‘‘(c) CONSIDERATIONS.—In awarding grants under 17 this subpart, the Secretary shall consider— 18 ‘‘(1) the geographic diversity of the eligible en- 19 tities, including the distribution of grants among 20 urban, suburban, and rural areas; and 21 ‘‘(2) the number of eligible entities in a State 22 that are receiving grants under this subpart in any 23 fiscal year. 24 ‘‘(d) GRANT AMOUNT.— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00842 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 843 •S 1094 IS ‘‘(1) In determining the amount of each grant 1 to be awarded under subsection (a), the Secretary 2 shall consider— 3 ‘‘(A) the number of operating charter 4 schools under the jurisdiction or in the service 5 area of the eligible entity; 6 ‘‘(B) to the extent practicable, the number 7 of students, including students on charter 8 school waiting lists, that will be served by high- 9 performing charter schools that receive funds 10 under this subpart; and 11 ‘‘(C) the amount of funds that is needed to 12 implement the activities described in the ap- 13 proved application. 14 ‘‘(e) DURATION.— 15 ‘‘(1) IN GENERAL.—Each grant awarded under 16 this subpart shall be for an initial period of not 17 more than 3 years. 18 ‘‘(2) RENEWAL.—The Secretary may renew a 19 grant awarded under this subpart for an additional 20 period of not more than 2 years, if the eligible entity 21 is achieving the objectives of the grant and has 22 shown improvement on the performance measures 23 and targets described in section 5417(a). 24 ‘‘(f) LIMITATIONS.— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00843 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 844 •S 1094 IS ‘‘(1) GRANTS.—An eligible entity described 1 under subparagraph (A) of section 5411(4) may not 2 receive more than 1 grant at a time under this sec- 3 tion. 4 ‘‘(2) SUBGRANTS.—A developer may not receive 5 more than 1 grant or subgrant at a time under this 6 section. 7 ‘‘(g) RESERVATIONS.— 8 ‘‘(1) ADMINISTRATIVE EXPENSES.—An eligible 9 entity that receives a grant under this subpart may 10 use not more than a total of 5 percent of grant 11 funds for administrative expenses associated with 12 the grant, including for improvement of the eligible 13 entity’s oversight or management of charter schools. 14 ‘‘(2) IMPROVING AUTHORIZER QUALITY.—An el- 15 igible entity described in subparagraph (A), (B), or 16 (C) of section 5411(4) shall use 5 percent of grant 17 funds for improving authorizer quality, including 18 charter school oversight and monitoring systems and 19 procedures for revoking or not renewing charters. 20 ‘‘(h) WAIVER.—The Secretary may waive a statutory 21 or regulatory requirement over which the Secretary exer- 22 cises administrative authority, except a requirement de- 23 scribed in section 5411(1), if— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00844 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 845 •S 1094 IS ‘‘(1) the waiver is requested in an approved ap- 1 plication under this subpart; and 2 ‘‘(2) the Secretary determines that granting the 3 waiver will promote the purpose of this subpart. 4 ‘‘SEC. 5413. APPLICATIONS. 5 ‘‘(a) IN GENERAL.—Each eligible entity desiring a 6 grant under this subpart shall submit an application to 7 the Secretary at such time, in such manner, and con- 8 taining such information and assurances as the Secretary 9 may require. 10 ‘‘(b) CONTENTS.— 11 ‘‘(1) ELIGIBLE ENTITIES.—At a minimum, the 12 application described in subsection (a) shall include 13 a description of — 14 ‘‘(A) how the eligible entity will use grant 15 funds to create, expand, or replicate 1 or more 16 high-performing charter schools; 17 ‘‘(B) the need for the high-performing 18 charter schools that the eligible entity seeks to 19 support, including information that dem- 20 onstrates the interest of parents and commu- 21 nities in increasing charter school enrollment 22 capacity, such as the number of students who 23 are on waiting lists for charter schools under 24 the jurisdiction of the eligible entity; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00845 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 846 •S 1094 IS ‘‘(C) the performance measures the eligible 1 entity will use to measure outcomes; 2 ‘‘(D) how the eligible entity will provide in- 3 formation and support to parents, families, and 4 students regarding the available charter school 5 options in a simple, clear, and easily accessible 6 format and, to the extent practicable, in a lan- 7 guage that such parents, families, and students 8 can understand; 9 ‘‘(E) how the eligible entity will coordinate 10 the grant funds received under this subpart 11 with other Federal, State, and local funds; 12 ‘‘(F) how the eligible entity will ensure 13 that each charter school within such eligible en- 14 tity’s jurisdiction or service area— 15 ‘‘(i) meets the requirements of section 16 5411(1); and 17 ‘‘(ii) provides equitable access and ef- 18 fectively serves the needs of all students, 19 including children with disabilities and 20 English learners, and implements outreach 21 and recruitment practices that include 22 families of such students; 23 ‘‘(G) how the eligible entity will award sub- 24 grants to developers, on a competitive basis and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00846 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 847 •S 1094 IS through a high-quality review process, including 1 a description of the subgrant application; 2 ‘‘(H) how the eligible entity will target 3 subgrants to high-performing charter schools 4 that plan to serve students who attend schools 5 that have been identified through the State ac- 6 countability and improvement system described 7 in section 1116; 8 ‘‘(I) the eligible entity’s record, if applica- 9 ble, of success in creating, expanding, repli- 10 cating, managing, and overseeing high-per- 11 forming charter schools, and closing unsuccess- 12 ful schools; 13 ‘‘(J) how the eligible entity will hold char- 14 ter schools within such eligible entity’s jurisdic- 15 tion accountable if such schools do not meet the 16 objectives specified in the performance contract 17 described in section 5411(1)(N), including by 18 closing unsuccessful schools; and 19 ‘‘(K) how charter school authorizers are 20 approved, monitored, held accountable for es- 21 tablishing rigorous standards, periodically re- 22 viewed, and re-approved in the State in which 23 the eligible entity operates, based on the per- 24 formance of the charter schools that such char- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00847 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 848 •S 1094 IS ter school authorizers authorize, including in 1 the areas of student safety, financial manage- 2 ment, and compliance with all applicable stat- 3 utes and regulations. 4 ‘‘(2) STATE EDUCATIONAL AGENCIES.—Each 5 eligible entity described in section 5411(4)(A) shall 6 include in the application described in paragraph (1) 7 (in addition to the requirements of such paragraph), 8 the following: 9 ‘‘(A) A description of the State’s laws, 10 policies, or procedures, if applicable, that ad- 11 dress— 12 ‘‘(i) how decisions are made to close 13 unsuccessful charter schools, and how stu- 14 dent academic achievement and growth, 15 consistent with section 1111, for all stu- 16 dents and for each subgroup of students 17 described in section 1111(a)(3)(D), is a 18 primary factor in such decisions; 19 ‘‘(ii) how charter schools are mon- 20 itored and held accountable for— 21 ‘‘(I) meeting the requirements 22 described in section 5411(1); and 23 ‘‘(II) providing equitable access 24 and effectively serving the needs of all 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00848 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 849 •S 1094 IS students, including students with dis- 1 abilities and English learners; and 2 ‘‘(iii) how a charter school that is con- 3 sidered a local educational agency under 4 State law, or a local educational agency in 5 which a charter school is located, will com- 6 ply with subsections (a)(5) and (e)(1)(B) 7 of section 613 of the Individuals with Dis- 8 abilities Education Act. 9 ‘‘(B) Information about the eligible entity’s 10 record of funding charter schools, including 11 funding charter school facilities. 12 ‘‘(C) Information about the number of 13 charter schools in the State that— 14 ‘‘(i) have been closed or have had 15 charters revoked or not renewed in the pre- 16 ceding 5-year period, and the reasons for 17 such closures, revocations, or nonrenewals; 18 ‘‘(ii) have been identified, through the 19 State accountability and improvement sys- 20 tem, as focus schools or priority schools 21 under subsection (c) or (d) of section 1116 22 in the preceding 5-year period; 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00849 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 850 •S 1094 IS ‘‘(iii) have met objectives specified in 1 the performance contract described in sec- 2 tion 5411(1)(N); and 3 ‘‘(iv) the charter school authorizer has 4 authorized that are high-performing char- 5 ter schools, and the percentage of such 6 charter schools as compared to the total 7 number of charter schools that the charter 8 school authorizer has authorized. 9 ‘‘(3) LOCAL EDUCATIONAL AGENCIES.—Each 10 eligible entity described in section 5411(4)(B) shall 11 include in the application described in paragraph (1) 12 (in addition to the requirements described in such 13 paragraph), a description of the eligible entity’s poli- 14 cies and procedures for— 15 ‘‘(A) ensuring that charter schools under 16 the jurisdiction of such eligible entity have equi- 17 table access to school facilities and school facili- 18 ties financing; 19 ‘‘(B) complying with subsections (a)(5) 20 and (e)(1)(B) of section 613 of the Individuals 21 with Disabilities Education Act; and 22 ‘‘(C) supporting public school choice. 23 ‘‘(4) CHARTER SCHOOL AUTHORIZERS.—Each 24 eligible entity described in section 5411(4)(C) shall 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00850 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 851 •S 1094 IS include in the application described in paragraph (1) 1 (in addition to the requirements of such paragraph), 2 the following: 3 ‘‘(A) A demonstration that the eligible en- 4 tity has explicit and clear policies and proce- 5 dures in place for the approval, monitoring, re- 6 newal, and closure of charter schools, and an 7 assurance that such policies and procedures 8 make student academic achievement and 9 growth, consistent with section 1111, for all 10 students and for each subgroup of students de- 11 scribed in section 1111(a)(3)(D), a primary fac- 12 tor in such decisions. 13 ‘‘(B) A description of how the eligible enti- 14 ty will make publicly available (in a clear and 15 uniform format, a timely manner, and a form 16 that is easily accessible, and, to the extent prac- 17 ticable, in a language that families and students 18 can understand)— 19 ‘‘(i) information about the criteria and 20 procedures for granting, denying, revoking, 21 and renewing charters for charter schools; 22 and 23 ‘‘(ii) the results of decisions relating 24 to the granting, denial, revocation, and re- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00851 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 852 •S 1094 IS newal of charters for charter schools, in- 1 cluding performance data and other rel- 2 evant information on which each decision 3 is based. 4 ‘‘(C) Information about the number of 5 charter schools that the charter school author- 6 izer has authorized in each of the following cat- 7 egories: 8 ‘‘(i) Charter schools that have been 9 closed or have had charters revoked or not 10 renewed by the eligible entity in the pre- 11 ceding 5-year period, and the reasons for 12 such closures, revocations, or nonrenewals. 13 ‘‘(ii) Charter schools that have been 14 identified as focus schools or priority 15 schools under subsection (c) or (d) of sec- 16 tion 1116 through the State accountability 17 and improvement system. 18 ‘‘(iii) Charter schools that have met 19 objectives specified in the performance con- 20 tract described in section 5411(1)(N). 21 ‘‘(iv) Charter schools that are high- 22 performing charter schools, and the per- 23 centage of such charter schools as com- 24 pared to the total number of charter 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00852 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 853 •S 1094 IS schools that the charter school authorizer 1 has authorized. 2 ‘‘(5) CHARTER MANAGEMENT ORGANIZA- 3 TIONS.—Each eligible entity described in section 4 5411(4)(D) shall include in the application described 5 in paragraph (1) (in addition to the requirements of 6 such paragraph), a description of— 7 ‘‘(A) the qualifications of such eligible enti- 8 ty’s management team; and 9 ‘‘(B) a multi-year financial and operating 10 model for each of the high-performing charter 11 schools that such eligible entity will create, ex- 12 pand, or replicate under the grant. 13 ‘‘(6) SPECIAL RULE.—In the case of a devel- 14 oper that plans to open a charter school in a juris- 15 diction or service area where no eligible entity will 16 be awarding subgrants under this subpart for the 17 fiscal year for which the developer applies, the Sec- 18 retary may award a grant to such developer if such 19 developer has an approved application that includes 20 the requirements described in subparagraphs (A) 21 through (F) of paragraph (1) and paragraph (5). 22 The requirements of subsections (b) and (c) of sec- 23 tion 5416 and section 5417(c) shall apply to a devel- 24 oper receiving a grant under this paragraph in the 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00853 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 854 •S 1094 IS same manner as such sections apply to a developer 1 receiving a subgrant under section 5416, except that 2 the developer shall submit the data under section 3 5417(c) directly to the Secretary. 4 ‘‘SEC. 5414. SELECTION CRITERIA; PRIORITY. 5 ‘‘(a) SELECTION CRITERIA.— 6 ‘‘(1) IN GENERAL.—In awarding grants to eligi- 7 ble entities under this subpart, the Secretary shall 8 consider— 9 ‘‘(A) the quality of the eligible entity’s ap- 10 plication; 11 ‘‘(B) the eligible entity’s record, if applica- 12 ble, of success in creating, expanding, repli- 13 cating, managing, and overseeing high-per- 14 forming charter schools; 15 ‘‘(C) the eligible entity’s record of dis- 16 continuing funding or closing low-performing 17 charter schools, including, as applicable, by re- 18 voking or not renewing the charters of such 19 charter schools, and the eligible entity’s com- 20 mitment to discontinuing funding or closing 21 low-performing charter schools in the future; 22 ‘‘(D) the extent to which the eligible entity 23 demonstrates that such eligible entity will 24 award subgrants targeted to serving students 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00854 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 855 •S 1094 IS who attend schools that have been identified as 1 focus schools or priority schools under sub- 2 section (c) or (d) of section 1116 through the 3 State accountability and improvement system; 4 ‘‘(E) the quality of the eligible entity’s 5 plan for supporting subgrant recipients, 6 through such activities as technical assistance, 7 directly or through grants, contracts, or cooper- 8 ative agreements, in order to— 9 ‘‘(i) improve student academic 10 achievement and growth, consistent with 11 section 1111, for all students and for each 12 subgroup of students described in section 13 1111(a)(3)(D); and 14 ‘‘(ii) promote effective outreach to, 15 and recruitment of, students who are chil- 16 dren with disabilities and students who are 17 English learners, and the parents and fam- 18 ilies of such students; and 19 ‘‘(F) the extent to which the State in 20 which the eligible entity operates provides for 21 and enforces high-quality standards for charter 22 school authorizers, including by establishing 23 standards for rigorous and periodic reviews. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00855 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 856 •S 1094 IS ‘‘(2) STATE EDUCATIONAL AGENCIES.—In the 1 case of an applicant that is an eligible entity de- 2 scribed in section 5411(4)(A), in addition to the ele- 3 ments described in paragraph (1), the Secretary 4 shall also consider the extent to which such eligible 5 entity— 6 ‘‘(A) ensures that charter schools receive 7 equitable funding compared to other public 8 schools in the State, and a commensurate share 9 of Federal, State, and local revenues compared 10 to public schools in the State, including equi- 11 table State funding to support early childhood 12 education programs operated by charter schools 13 in the State, in accordance with State law; and 14 ‘‘(B) provides charter schools with equi- 15 table access to funds for facilities (which may 16 include funds for leasing or purchasing facilities 17 or for making tenant improvements), assistance 18 for facilities acquisition, access to public facili- 19 ties, the ability to share in the proceeds of 20 bonds and levies, or other support related to fa- 21 cilities. 22 ‘‘(3) LOCAL EDUCATIONAL AGENCIES.—In the 23 case of an applicant that is an eligible entity de- 24 scribed in section 5411(4)(B) (except for a charter 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00856 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 857 •S 1094 IS school that is considered a local educational agency 1 under State law), in addition to the elements de- 2 scribed in paragraph (1), the Secretary shall also 3 consider— 4 ‘‘(A) if charter schools are operating with- 5 in the area served by such eligible entity, the 6 extent to which the eligible entity has policies 7 and procedures in place to ensure that— 8 ‘‘(i) charter schools have equitable ac- 9 cess to school facilities; or 10 ‘‘(ii) charter schools are not denied 11 access to available public school facilities; 12 and 13 ‘‘(B) the extent to which the eligible entity 14 demonstrates support for public school choice. 15 ‘‘(4) CHARTER SCHOOL AUTHORIZERS.—In the 16 case of an applicant that is an eligible entity de- 17 scribed in section 5411(4)(C), in addition to the ele- 18 ments described in paragraph (1), the Secretary 19 shall also consider the eligible entity’s record of suc- 20 cess in authorizing and supporting high-performing 21 charter schools. 22 ‘‘(5) CHARTER MANAGEMENT ORGANIZA- 23 TIONS.—In the case of an applicant that is an eligi- 24 ble entity described in section 5411(4)(D), in addi- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00857 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 858 •S 1094 IS tion to the elements described in paragraph (1), as 1 applicable, the Secretary shall also consider— 2 ‘‘(A) the quality of the eligible entity’s 3 management team; and 4 ‘‘(B) the quality and sustainability of the 5 eligible entity’s multi-year financial and oper- 6 ating model. 7 ‘‘(b) PRIORITY.— 8 ‘‘(1) STUDENTS FROM LOW-INCOME FAMI- 9 LIES.—In awarding grants under this subpart, the 10 Secretary shall give priority to eligible entities that 11 propose to create, expand, or replicate high-per- 12 forming charter schools that plan to enroll a large 13 percentage of students from low-income families. 14 ‘‘(2) DIVERSITY.—In awarding grants under 15 this subpart, the Secretary may give priority to eligi- 16 ble entities that propose to create, expand, or rep- 17 licate a high-performing charter school that will have 18 a diverse student population. 19 ‘‘(3) STATE EDUCATIONAL AGENCIES.—In the 20 case of an applicant that is an eligible entity de- 21 scribed in section 5411(4)(A), the Secretary shall 22 give priority to such eligible entities— 23 ‘‘(A) from States that do not have a law 24 that prohibits, or effectively inhibits, increasing 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00858 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 859 •S 1094 IS the number of high-performing charter schools 1 in the State; 2 ‘‘(B) from States that— 3 ‘‘(i) provide for, and adequately sup- 4 port, 2 or more charter school authorizers, 5 of which not less than 1 is a statewide 6 charter school authorizer; or 7 ‘‘(ii) in the case of a State in which 8 local educational agencies are the only 9 charter school authorizers— 10 ‘‘(I) allow for an appeals process 11 through which developers have an op- 12 portunity to appeal a denial to an- 13 other authorizer that will issue a final 14 determination regarding whether or 15 not to grant the developer a charter; 16 and 17 ‘‘(II) require charter school au- 18 thorizers to indicate an affirmative in- 19 terest in serving as charter school au- 20 thorizers; and 21 ‘‘(C) that have a policy or procedure in 22 place that ensures that— 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00859 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 860 •S 1094 IS ‘‘(i) charter schools are reauthorized 1 or have their charter renewed not less than 2 once every 5 years; and 3 ‘‘(ii) charter schools submit independ- 4 ently audited financial statements to the 5 authorizer. 6 ‘‘SEC. 5415. USES OF FUNDS. 7 ‘‘(a) REQUIRED USES OF FUNDS.—Each eligible en- 8 tity receiving a grant under section 5412(a) shall— 9 ‘‘(1) use not less than 95 percent of the re- 10 maining grant funds, after the reservations made 11 under section 5412(g), to award subgrants to 1 or 12 more developers, as described in section 5416, to en- 13 able such developers to create, expand, or replicate 14 1 or more high-performing charter schools (which 15 may include opening new schools or converting exist- 16 ing schools into charter schools) in the area served 17 by the eligible entity or under the jurisdiction of the 18 eligible entity; 19 ‘‘(2) in awarding subgrants, give priority to de- 20 velopers that propose to create, expand, or replicate 21 a high-performing charter school in which a large 22 percentage of the students enrolled are from low-in- 23 come families; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00860 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 861 •S 1094 IS ‘‘(3) provide developers who are receiving a 1 subgrant with support and technical assistance in— 2 ‘‘(A) improving student academic achieve- 3 ment and growth, consistent with section 1111; 4 ‘‘(B) effectively serving the needs of all 5 students, including students who are children 6 with disabilities and students who are English 7 learners; and 8 ‘‘(C) implementing outreach and recruit- 9 ment practices that includes families of stu- 10 dents who are children with disabilities and 11 English learners; 12 ‘‘(4) directly, or through a partnership with a 13 nonprofit organization (such as a community-based 14 organization), develop and implement parent, family, 15 and student information, outreach, and recruitment 16 programs to provide information and support to par- 17 ents, families, and students about the public school 18 choice options available to them, including students 19 who are children with disabilities and students who 20 are English learners, in a simple, clear, and easily 21 accessible format and, to the extent practicable, in 22 a language that such parents, families, and students 23 can understand. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00861 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 862 •S 1094 IS ‘‘(b) PERMISSIBLE USE OF FUNDS.—Each eligible 1 entity receiving a grant under section 5412(a) may use 2 not more than 2.5 percent of grant funds to disseminate 3 information to public schools in the eligible entity’s juris- 4 diction or service area about lessons learned through the 5 grant activities, in order to— 6 ‘‘(1) successfully address the education needs of 7 all students, including students who are children 8 with disabilities and students who are English learn- 9 ers; and 10 ‘‘(2) replicate high-performing charter school 11 models. 12 ‘‘SEC. 5416. SUBGRANTS. 13 ‘‘(a) APPLICATIONS.—Each developer that desires to 14 receive a subgrant under this subpart shall submit an ap- 15 plication to the appropriate eligible entity at such time, 16 in such form, and including such information and assur- 17 ances as the eligible entity may reasonably require, which 18 shall include the information required under subpara- 19 graphs (A) through (F) of paragraph (1) and paragraph 20 (5) of section 5413(b). 21 ‘‘(b) USE OF FUNDS.—A developer that receives a 22 subgrant under this subpart shall use such subgrant funds 23 to create, expand, or replicate 1 or more high-performing 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00862 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 863 •S 1094 IS charter schools, which may include carrying out the fol- 1 lowing activities: 2 ‘‘(1) If necessary, carrying out not more than 3 12 months of planning and program design, unless 4 such developer demonstrates the need for an addi- 5 tional planning period of not more than 3 months. 6 ‘‘(2) Recruiting and providing preparation, in- 7 duction, and professional development for teachers, 8 school leaders, and other staff who will work in a 9 charter school that is supported by the developer. 10 ‘‘(3) Acquiring necessary equipment, supplies, 11 and educational materials, including curricula, as- 12 sessments, and instructional materials. 13 ‘‘(4) Professional development and implementa- 14 tion of systems for the delivery of appropriate serv- 15 ices for students who are children with disabilities 16 and students who are English learners, including 17 through centralizing, purchasing, or sharing the pro- 18 vision of such services with other organizations. 19 ‘‘(5) Develop transportation systems to provide 20 transportation to students to and from the school. 21 ‘‘(6) Paying operational costs for a charter 22 school that cannot be met through State or local 23 funding sources. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00863 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 864 •S 1094 IS ‘‘(7) Directly, or through a partnership with a 1 nonprofit organization (including a community-based 2 organization), developing and implementing parent, 3 family, and student information and outreach pro- 4 grams to provide information and support to par- 5 ents, families, and students about each charter 6 school, in a simple, clear, and easily accessible for- 7 mat and, to the extent practicable, in a language 8 that the parents, families, and students can under- 9 stand. 10 ‘‘(8) Developing and implementing effective out- 11 reach and recruitment strategies to inform families 12 of students who are children with disabilities and 13 students who are English learners about the charter 14 school, the charter school admissions process, and 15 the charter school’s plan to effectively provide appro- 16 priate educational and related services to such stu- 17 dents. 18 ‘‘(9) Evaluating and disseminating information, 19 including through technical assistance, about the ef- 20 fectiveness of the activities supported by the 21 subgrant. 22 ‘‘(c) LIMITATIONS.—Not more than 1 percent of 23 subgrant funds may be used to carry out the activities de- 24 scribed in subsection (b)(9). 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00864 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 865 •S 1094 IS ‘‘SEC. 5417. PERFORMANCE MEASURES; REPORTS. 1 ‘‘(a) PERFORMANCE MEASURES AND TARGETS.— 2 Each eligible entity receiving a grant under this subpart 3 shall establish performance measures and annual targets, 4 approved by the Secretary, for the charter schools that 5 are created, expanded, or replicated with funds provided 6 through a grant or subgrant under this subpart. Such 7 measures and targets shall include, at a minimum, in the 8 aggregate and disaggregated by each subgroup of students 9 described in section 1111(a)(3)(D)— 10 ‘‘(1) the number of students enrolled in each 11 charter school; 12 ‘‘(2) the number of students enrolled in each 13 high-performing charter school; 14 ‘‘(3) the number of students enrolled in each 15 high-performing charter school who were formerly 16 attending a school that has been identified as a 17 focus school or priority school under subsection (c) 18 or (d) of section 1116 through the State account- 19 ability and improvement system; 20 ‘‘(4) student academic achievement and growth, 21 consistent with section 1111, including, if applicable, 22 performance on the State academic assessments re- 23 quired under section 1111(a)(2), and student growth 24 consistent with section 1111; 25 ‘‘(5) student retention rates; 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00865 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 866 •S 1094 IS ‘‘(6) in the case of a public charter school that 1 is a secondary school, student graduation rates, and 2 student rates of enrollment and persistence in insti- 3 tutions of higher education; and 4 ‘‘(7) other measures required by the Secretary. 5 ‘‘(b) REPORTS.—Each eligible entity receiving a 6 grant under this subpart shall annually prepare and sub- 7 mit a report to the Secretary containing the information 8 described under subsection (a). 9 ‘‘(c) DEVELOPERS.—Each developer receiving a 10 subgrant under this subpart from an eligible entity shall 11 provide the eligible entity with the data necessary to com- 12 ply with the requirements of this section. 13 ‘‘SEC. 5418. FEDERAL FORMULA ALLOCATION DURING 14 FIRST YEAR AND FOR SUCCESSIVE ENROLL- 15 MENT EXPANSIONS. 16 ‘‘(a) IN GENERAL.—For purposes of the allocation 17 to schools by the States or their agencies of funds under 18 part A of title I, and any other Federal funds which the 19 Secretary allocates to States on a formula basis, the Sec- 20 retary and each State educational agency shall take such 21 measures as are necessary to ensure that every charter 22 school receives the Federal funding for which the charter 23 school is eligible not later than 5 months after the charter 24 school first opens, notwithstanding the fact that the iden- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00866 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 867 •S 1094 IS tity and characteristics of the students enrolling in that 1 charter school are not fully and completely determined 2 until that charter school actually opens. The measures 3 similarly shall ensure that every charter school expanding 4 its enrollment in any subsequent year of operation receives 5 the Federal funding for which the charter school is eligible 6 not later than 5 months after such expansion. 7 ‘‘(b) ADJUSTMENT AND LATE OPENINGS.— 8 ‘‘(1) IN GENERAL.—The measures described in 9 subsection (a) shall include provision for appropriate 10 adjustments, through recovery of funds or reduction 11 of payments for the succeeding year, in cases where 12 payments made to a charter school on the basis of 13 estimated or projected enrollment data exceed the 14 amounts that the school is eligible to receive on the 15 basis of actual or final enrollment data. 16 ‘‘(2) RULE.—For charter schools that first 17 open after November 1 of any academic year, the 18 State, in accordance with guidance provided by the 19 Secretary and applicable Federal statutes and regu- 20 lations, shall ensure that such charter schools that 21 are eligible for the funds described in subsection (a) 22 for such academic year have a full and fair oppor- 23 tunity to receive those funds during the charter 24 schools’ first year of operation. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00867 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 868 •S 1094 IS ‘‘SEC. 5419. RECORDS TRANSFER. 1 ‘‘State educational agencies and local educational 2 agencies receiving funds under part A of title I or any 3 other Federal funds from the Secretary, shall, in the most 4 timely manner possible and to the extent practicable, en- 5 sure that a student’s records and, if applicable, a student’s 6 individualized education program as defined in section 602 7 of the Individuals with Disabilities Education Act, are 8 transferred to a charter school upon the transfer of the 9 student to the charter school, and to another public school 10 upon the transfer of the student from a charter school 11 to another public school, in accordance with applicable 12 State law. 13 ‘‘SEC. 5420. NATIONAL ACTIVITIES. 14 ‘‘From funds made available under this subpart for 15 each fiscal year, the Secretary may reserve not more than 16 5 percent for national activities to carry out (directly or 17 through grants, contracts that use a competitive bidding 18 process, or cooperative agreements) research, develop- 19 ment, data collection, technical assistance, outreach, and 20 dissemination activities, including— 21 ‘‘(1) research, technical assistance, and other 22 activities to assist eligible entities receiving a grant 23 under this subpart, and other eligible entities in im- 24 proving the entity’s capacity to— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00868 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 869 •S 1094 IS ‘‘(A) create, expand, replicate, operate, or 1 support high-performing charter schools that 2 meet the needs of, and improve the outcomes 3 for, all students, including students who are 4 children with disabilities and students who are 5 English learners; 6 ‘‘(B) support charter school authorizers to 7 improve quality through the adoption of re- 8 search-based policies and procedures and in- 9 creased capacity; and 10 ‘‘(C) work to turn around schools that 11 have been identified as focus schools or priority 12 schools under subsection (c) or (d) of section 13 1116 through the State accountability and im- 14 provement system; 15 ‘‘(2) providing for the research and dissemina- 16 tion of information about specific charter school 17 models and program characteristics for which there 18 is strong evidence of a significant impact on improv- 19 ing student academic achievement and growth, con- 20 sistent with section 1111, for all students, including 21 students who are children with disabilities and 22 English learners; 23 ‘‘(3) developing and implementing activities 24 that help parents, families, students, and the com- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00869 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 870 •S 1094 IS munity identify and access high-performing charter 1 schools; 2 ‘‘(4) providing for the collection of information 3 regarding the financial resources available to charter 4 schools (including access to private capital) and 5 widely disseminating to charter schools any such rel- 6 evant information and model descriptions of success- 7 ful programs; and 8 ‘‘(5) carrying out other related activities. 9 ‘‘Subpart 2—Charter School Facility Acquisition, 10 Construction, and Renovation 11 ‘‘SEC. 5431. PURPOSE. 12 ‘‘The purpose of this subpart is to provide grants to 13 eligible entities to improve access to facilities and facilities 14 financing for high-performing charter schools and assist 15 such schools to address the cost of acquiring, constructing, 16 and renovating facilities. 17 ‘‘SEC. 5432. DEFINITIONS. 18 ‘‘In this subpart: 19 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en- 20 tity’ means— 21 ‘‘(A) a State educational agency; 22 ‘‘(B) a local educational agency, except a 23 charter school that is considered a local edu- 24 cational agency under State law; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00870 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 871 •S 1094 IS ‘‘(C) a nonprofit entity; 1 ‘‘(D) a State financing authority; or 2 ‘‘(E) a consortium of entities described in 3 any of subparagraphs (A) through (D). 4 ‘‘(2) HIGH-PERFORMING CHARTER SCHOOL.— 5 The term ‘high-performing charter school’ has the 6 meaning given such term in section 5411. 7 ‘‘(3) PER-PUPIL FACILITIES AID PROGRAM.— 8 The term ‘per-pupil facilities aid program’ means a 9 program— 10 ‘‘(A) that is specified in State law; 11 ‘‘(B) that provides annual financing, on a 12 per-pupil basis, for charter school facilities; and 13 ‘‘(C) in which a State makes payments, on 14 a per-pupil basis, to charter schools to provide 15 such schools with financing— 16 ‘‘(i) that is dedicated solely for fund- 17 ing charter school facilities; or 18 ‘‘(ii) a portion of which is dedicated 19 for funding charter school facilities. 20 ‘‘SEC. 5433. GRANTS TO ELIGIBLE ENTITIES. 21 ‘‘(a) CREDIT ENHANCEMENT GRANTS.—The Sec- 22 retary shall use not less than 65 percent of the amount 23 available to carry out this subpart to award grants on a 24 competitive basis to eligible entities to enable such eligible 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00871 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 872 •S 1094 IS entities to demonstrate innovative credit enhancement 1 methods of assisting high-performing charter schools to 2 access private sector capital to address the cost of acquir- 3 ing, constructing, and renovating facilities by enhancing 4 the availability of loans or bond financing. 5 ‘‘(b) OTHER FACILITIES GRANTS.—The Secretary 6 shall use the remainder of the amount available to carry 7 out this subpart to award grants on a competitive basis 8 to eligible entities to— 9 ‘‘(1) improve access to facilities and facilities fi- 10 nancing for high-performing charter schools, through 11 methods that may include— 12 ‘‘(A) leveraging State and local facilities 13 funds, including the cost of implementing school 14 bond programs that include high-performing 15 charter schools; 16 ‘‘(B) implementing open-facilities-access 17 programs or making available renovated or 18 adapted space for high-performing charter 19 schools; and 20 ‘‘(C) assisting with constructing or improv- 21 ing, at low cost, facilities for high-performing 22 charter schools through innovative methods; 23 and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00872 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 873 •S 1094 IS ‘‘(2) support an eligible entity described in sec- 1 tion 5432(1)(A) in the establishment, enhancement, 2 and administration of a per-pupil facilities aid pro- 3 gram through Federal payments that shall be not 4 more than— 5 ‘‘(A) 90 percent of the cost, for the first 6 fiscal year for which the program receives as- 7 sistance under this subsection; 8 ‘‘(B) 80 percent in the second such year; 9 ‘‘(C) 60 percent in the third such year; 10 ‘‘(D) 40 percent in the fourth such year; 11 and 12 ‘‘(E) 20 percent in the fifth such year. 13 ‘‘(c) STATE SHARE OF PER-PUPIL FACILITIES AID 14 PROGRAM.—A State receiving a grant under subsection 15 (b)(2) may partner with 1 or more organizations to pro- 16 vide not more than 50 percent of the State share of the 17 cost of establishing, enhancing, or administering the per- 18 pupil facilities aid program. 19 ‘‘(d) GRANT AMOUNT.—In determining the amount 20 of each grant to be awarded under this subpart, the Sec- 21 retary shall consider— 22 ‘‘(1) the quality of the application submitted 23 under section 5435; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00873 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 874 •S 1094 IS ‘‘(2) the number of students that are served or 1 may be served by high-performing charter schools 2 that would receive assistance under the grant pro- 3 gram; and 4 ‘‘(3) the amount of funds that is needed to im- 5 plement the activities described in the approved ap- 6 plication. 7 ‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds made 8 available under this section shall be used to supplement, 9 and not supplant, State and local public funds expended 10 to provide programs for charter schools. 11 ‘‘SEC. 5434. CHARTER SCHOOL OBJECTIVES. 12 ‘‘An eligible entity receiving a grant under this sub- 13 part shall use the funds to assist 1 or more high-per- 14 forming charter schools to accomplish 1 or both of the fol- 15 lowing objectives: 16 ‘‘(1) The acquisition (by purchase, lease, dona- 17 tion, or otherwise) of an interest (including an inter- 18 est held by a third party for the benefit of a charter 19 school) in improved or unimproved real property 20 that is necessary to commence or continue the oper- 21 ation of a charter school. 22 ‘‘(2) The construction of new facilities, or the 23 renovation, repair, or alteration of existing facilities, 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00874 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 875 •S 1094 IS necessary to commence or continue the operation of 1 a charter school. 2 ‘‘SEC. 5435. APPLICATIONS; SELECTION CRITERIA. 3 ‘‘(a) IN GENERAL.—Each eligible entity desiring a 4 grant under this subpart shall submit an application to 5 the Secretary at such time, in such manner, and con- 6 taining such information and assurances as the Secretary 7 may require. 8 ‘‘(b) CONTENTS.—An application submitted under 9 subsection (a) shall include— 10 ‘‘(1) a description of the activities that the eligi- 11 ble entity proposes to carry out using funds received 12 under this subpart; 13 ‘‘(2) a demonstration that the eligible entity will 14 consider the quality of a charter school when deter- 15 mining— 16 ‘‘(A) which charter schools will receive as- 17 sistance under this subpart; 18 ‘‘(B) how much grant assistance will be 19 provided to each charter school; and 20 ‘‘(C) the type of assistance that each char- 21 ter school will receive; 22 ‘‘(3) a description of the eligible entity’s record 23 of successfully carrying out the activities that such 24 eligible entity proposes to carry out; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00875 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 876 •S 1094 IS ‘‘(4) if applicable, the eligible entity’s record of 1 leveraging private-sector funding and a description 2 of how the proposed activities will leverage the max- 3 imum amount of private-sector financing capital rel- 4 ative to the amount of government funding; 5 ‘‘(5) an explanation of how the eligible entity 6 possesses sufficient expertise in education to evalu- 7 ate the likelihood of success of a charter school for 8 which facilities financing is sought; 9 ‘‘(6) in the case of an application submitted by 10 an eligible entity that includes 1 or more State or 11 local educational agencies, a description of the agen- 12 cy’s policies and procedures for ensuring that char- 13 ter schools have equitable access to school facilities; 14 and 15 ‘‘(7) such other information as the Secretary 16 may reasonably require. 17 ‘‘(c) SELECTION CRITERIA.—In awarding grants 18 under this subpart, the Secretary shall consider— 19 ‘‘(1) the quality of the eligible entity’s applica- 20 tion; 21 ‘‘(2) the extent to which the eligible entity pro- 22 poses to support high-performing charter schools 23 that plan to enroll a large percentage of students 24 from low-income families; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00876 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 877 •S 1094 IS ‘‘(3) the extent to which the eligible entity pro- 1 poses to support high-performing charter schools 2 that plan to enroll a large percentage of students 3 who attend schools that have been identified as focus 4 schools or priority schools under subsection (c) or 5 (d) of section 1116 through the State accountability 6 and improvement system; 7 ‘‘(4) the geographic diversity of the eligible en- 8 tities, including the distribution of grants between 9 urban and rural areas; and 10 ‘‘(5) the number of eligible entities in a State 11 that are receiving grants under this subpart in any 12 fiscal year. 13 ‘‘SEC. 5436. RESERVE ACCOUNT. 14 ‘‘(a) USE OF FUNDS.—To assist charter schools with 15 addressing the cost of acquiring, constructing, and ren- 16 ovating facilities and accessing facilities and facilities fi- 17 nancing, an eligible entity receiving a grant under section 18 5433(a) shall, in accordance with State and local law, di- 19 rectly or indirectly, alone or in collaboration with others, 20 deposit the funds received under this subpart (other than 21 funds used for administrative costs in accordance with sec- 22 tion 5437) in a reserve account established and main- 23 tained by the eligible entity for this purpose. Amounts de- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00877 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 878 •S 1094 IS posited in such account shall be used by the eligible entity 1 for 1 or more of the following purposes: 2 ‘‘(1) Guaranteeing, insuring, and reinsuring 3 bonds, notes, evidences of debt, loans, and interests 4 therein, the proceeds of which are used for an objec- 5 tive described in section 5434. 6 ‘‘(2) Guaranteeing and insuring leases of per- 7 sonal and real property for an objective described in 8 section 5434. 9 ‘‘(3) Facilitating financing by identifying poten- 10 tial lending sources, encouraging private lending, 11 and other similar activities that directly promote 12 lending to, or for the benefit of, charter schools. 13 ‘‘(4) Facilitating the issuance of bonds by char- 14 ter schools, or by other public entities for the benefit 15 of charter schools, by providing technical, adminis- 16 trative, and other appropriate assistance (including 17 the recruitment of bond counsel, underwriters, and 18 potential investors and the consolidation of multiple 19 charter school projects within a single bond issue). 20 ‘‘(b) INVESTMENT.—Funds received under this sub- 21 part and deposited in the reserve account established 22 under subsection (a) shall be invested in obligations issued 23 or guaranteed by the United States or a State, or in other 24 similarly low-risk securities. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00878 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 879 •S 1094 IS ‘‘(c) REINVESTMENT OF EARNINGS.—Any earnings 1 on funds received under this subpart shall be deposited 2 in the reserve account established under subsection (a) 3 and used in accordance with such subsection. 4 ‘‘SEC. 5437. LIMITATION ON ADMINISTRATIVE COSTS. 5 ‘‘An eligible entity may use not more than 2.5 percent 6 of the funds received under this subpart for the adminis- 7 trative costs of carrying out its responsibilities under this 8 subpart. 9 ‘‘SEC. 5438. AUDITS AND REPORTS. 10 ‘‘(a) FINANCIAL RECORD MAINTENANCE AND 11 AUDIT.—The financial records of each eligible entity re- 12 ceiving a grant under this subpart shall be maintained in 13 accordance with generally accepted accounting principles 14 and shall be subject to an annual audit by an independent 15 public accountant. 16 ‘‘(b) REPORTS.— 17 ‘‘(1) GRANTEE ANNUAL REPORTS.—Each eligi- 18 ble entity receiving a grant under this subpart annu- 19 ally shall submit to the Secretary a report of its op- 20 erations and activities under this subpart. 21 ‘‘(2) CONTENTS.—Each annual report sub- 22 mitted under paragraph (1) shall include— 23 ‘‘(A) a copy of the most recent financial 24 statements, and any accompanying opinion on 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00879 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 880 •S 1094 IS such statements, prepared by the independent 1 public accountant reviewing the financial 2 records of the eligible entity; 3 ‘‘(B) a copy of any report made on an 4 audit of the financial records of the eligible en- 5 tity that was conducted under subsection (a) 6 during the reporting period; 7 ‘‘(C) if applicable, an evaluation by the eli- 8 gible entity of the effectiveness of its use of the 9 Federal funds provided under this subpart in 10 leveraging private funds; 11 ‘‘(D) a listing and description of the char- 12 ter schools served during the reporting period 13 and the performance of such charter schools in 14 increasing student achievement and growth, 15 consistent with section 1111; 16 ‘‘(E) a description of the activities carried 17 out by the eligible entity to assist charter 18 schools in meeting the objectives set forth in 19 section 5434; and 20 ‘‘(F) a description of the characteristics of 21 lenders and other financial institutions partici- 22 pating in the activities undertaken by the eligi- 23 ble entity under this subpart during the report- 24 ing period, if applicable. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00880 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 881 •S 1094 IS ‘‘(3) SECRETARIAL REPORT.—The Secretary 1 shall review the reports submitted under paragraph 2 (1) and shall provide a comprehensive annual report 3 to Congress on the activities conducted under this 4 subpart. 5 ‘‘SEC. 5439. NO FULL FAITH AND CREDIT FOR GRANTEE OB- 6 LIGATIONS. 7 ‘‘No financial obligation of an eligible entity entered 8 into pursuant to this subpart (such as an obligation under 9 a guarantee, bond, note, evidence of debt, or loan) shall 10 be an obligation of, or guaranteed in any respect by, the 11 United States. The full faith and credit of the United 12 States is not pledged to the payment of funds which may 13 be required to be paid under any obligation made by an 14 eligible entity pursuant to any provision of this subpart. 15 ‘‘SEC. 5440. RECOVERY OF FUNDS. 16 ‘‘(a) IN GENERAL.—The Secretary, in accordance 17 with chapter 37 of title 31, United States Code, shall col- 18 lect— 19 ‘‘(1) all of the funds in a reserve account estab- 20 lished by an eligible entity under section 5436(a) if 21 the Secretary determines, not earlier than 2 years 22 after the date on which the eligible entity first re- 23 ceived funds under this subpart, that the eligible en- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00881 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 882 •S 1094 IS tity has failed to make substantial progress in car- 1 rying out the purposes described in such section; or 2 ‘‘(2) all or a portion of the funds in a reserve 3 account established by an eligible entity under sec- 4 tion 5436(a) if the Secretary determines that the eli- 5 gible entity has permanently ceased to use all or a 6 portion of the funds in such account to accomplish 7 any purpose described in such section. 8 ‘‘(b) EXERCISE OF AUTHORITY.—The Secretary shall 9 not exercise the authority provided in subsection (a) to 10 collect from any eligible entity any funds that are being 11 properly used to achieve 1 or more of the purposes de- 12 scribed in section 5436(a). 13 ‘‘(c) PROCEDURES.—The provisions of sections 451, 14 452, and 458 of the General Education Provisions Act 15 shall apply to the recovery of funds under subsection (a). 16 ‘‘(d) CONSTRUCTION.—This section shall not be con- 17 strued to impair or affect the authority of the Secretary 18 to recover funds under part D of the General Education 19 Provisions Act.’’. 20 PART E—VOLUNTARY PUBLIC SCHOOL CHOICE 21 SEC. 5501. VOLUNTARY PUBLIC SCHOOL CHOICE. 22 Title V (20 U.S.C. 7201 et seq.) is further amended 23 by adding at the end the following: 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00882 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 883 •S 1094 IS ‘‘PART E—VOLUNTARY PUBLIC SCHOOL CHOICE 1 PROGRAMS 2 ‘‘SEC. 5501. GRANTS. 3 ‘‘(a) AUTHORIZATION.—From funds made available 4 to carry out this part, the Secretary shall award grants, 5 on a competitive basis, to eligible entities to enable the 6 entities to establish or expand a program of public school 7 choice (referred to in this part as a ‘program’) in accord- 8 ance with this part in order to increase student academic 9 achievement and student growth by increasing the edu- 10 cational options available to students who are served by 11 high-need local educational agencies. 12 ‘‘(b) DURATION.—Grants awarded under subsection 13 (a) may be awarded for a period of 3 years and may be 14 renewed for not more than an additional 2 years if the 15 Secretary finds that the grantee is achieving the objectives 16 of the grant. 17 ‘‘SEC. 5502. USES OF FUNDS. 18 ‘‘(a) REQUIRED USE OF FUNDS.—An eligible entity 19 that receives a grant under this part shall use the grant 20 funds to establish or expand inter- or intra-district public 21 school choice programs for students attending the lowest- 22 performing schools that enable those students to attend 23 high-quality public elementary schools and secondary 24 schools, including charter schools. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00883 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 884 •S 1094 IS ‘‘(b) PERMISSIBLE USES OF FUNDS.—An eligible en- 1 tity that receives a grant under this part may use the 2 grant funds for— 3 ‘‘(1) planning or designing a program (for not 4 more than 1 year); 5 ‘‘(2) transportation services to and from high- 6 quality schools for participating students; 7 ‘‘(3) improving public school finance systems to 8 allow school funding to follow students, including 9 tuition transfer payments to high-quality public ele- 10 mentary schools or secondary schools to which stu- 11 dents transfer under the program; 12 ‘‘(4) capacity-enhancing activities that enable 13 high-quality public elementary schools or secondary 14 schools to accommodate transfer requests under the 15 program; 16 ‘‘(5) public education and recruitment cam- 17 paigns to inform students attending the lowest-per- 18 forming schools and their parents about the program 19 and to facilitate their participation; and 20 ‘‘(6) other costs reasonably necessary to imple- 21 ment the program, such as the development of lot- 22 tery systems. 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00884 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 885 •S 1094 IS ‘‘(c) NONPERMISSIBLE USES OF FUNDS.—An eligible 1 entity that receives a grant under this part may not use 2 the grant funds for school construction. 3 ‘‘(d) ADMINISTRATIVE EXPENSES.—The eligible enti- 4 ty may use not more than 5 percent of the funds made 5 available through a grant under this part for any fiscal 6 year for administrative expenses. 7 ‘‘SEC. 5503. APPLICATIONS. 8 ‘‘(a) SUBMISSION.—An eligible entity that desires a 9 grant under this part shall submit an application to the 10 Secretary at such time, in such manner, and containing 11 such information as the Secretary may require. 12 ‘‘(b) CONTENTS.—An application submitted under 13 subsection (a) shall include a comprehensive plan that de- 14 scribes— 15 ‘‘(1) the activities to be carried out; 16 ‘‘(2) how the activities— 17 ‘‘(A) will increase access to high-quality 18 schools for students attending the lowest-per- 19 forming schools; 20 ‘‘(B) will increase the student academic 21 achievement and student growth of students 22 participating in the grant activities, including 23 English learners and students with disabilities; 24 and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00885 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 886 •S 1094 IS ‘‘(C) if applicable, will increase diversity 1 within a school or local educational agency; 2 ‘‘(3) how students will be selected to participate 3 in grant activities, including the design and imple- 4 mentation of a lottery system if the program is over- 5 subscribed, and how students and parents will be in- 6 formed of their opportunity to participate; 7 ‘‘(4) how the program will be coordinated with 8 and leverage other related Federal and non-Federal 9 funding and programs; 10 ‘‘(5) how the applicant will continue to imple- 11 ment the plan after the period of the grant has ex- 12 pired; 13 ‘‘(6) if the activities required under section 14 5505(a)(2) are to be carried out in partnership with 15 a public or other nonprofit organization, a descrip- 16 tion of the organization’s experience, capacity, re- 17 sponsibilities, and how the eligible entity will mon- 18 itor the public or other nonprofit organization’s ef- 19 fectiveness in carrying our such activities; and 20 ‘‘(7) such other information as the Secretary 21 may require. 22 ‘‘(c) SELECTION CRITERIA.—In selecting grantees 23 under this part, the Secretary shall consider— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00886 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 887 •S 1094 IS ‘‘(1) the quality of the applicant’s comprehen- 1 sive plan; 2 ‘‘(2) the extent to which the applicant can dem- 3 onstrate that its grant activities will increase student 4 academic achievement and student growth for stu- 5 dents participating in the grant activities, including 6 English learners and students with disabilities; and 7 ‘‘(3) the extent to which the applicant can dem- 8 onstrate that its grant activities will ensure that par- 9 ents and students are informed of the program, in 10 a clear and uniform format and, to the extent prac- 11 ticable, in a language that the parents and students 12 can understand, to increase the likelihood that par- 13 ents will have their children participate in the grant- 14 ee’s program. 15 ‘‘SEC. 5504. PRIORITIES. 16 ‘‘In awarding grants under this part, the Secretary 17 shall give priority to an eligible entity that proposes to— 18 ‘‘(1) establish or expand an inter-district choice 19 program that serves a large percentage of students 20 from low-income families; and 21 ‘‘(2) establish or expand a program that will in- 22 crease diversity. 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00887 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 888 •S 1094 IS ‘‘SEC. 5505. REQUIREMENTS AND VOLUNTARY PARTICIPA- 1 TION. 2 ‘‘(a) PARENT AND COMMUNITY INVOLVEMENT AND 3 NOTICE.—In carrying out a program under this part, an 4 eligible entity shall carry out the following: 5 ‘‘(1) Develop the program with— 6 ‘‘(A) the involvement of parents and other 7 education stakeholders in the community to be 8 served; and 9 ‘‘(B) individuals who will carry out the 10 program, including administrators, teachers, 11 principals, and other staff. 12 ‘‘(2) Develop and carry out the following activi- 13 ties, alone or in partnership with a public or other 14 nonprofit organization that has a record of success 15 in implementing such activities: 16 ‘‘(A) Disseminating timely and accurate in- 17 formation about the program to parents of stu- 18 dents attending the lowest-performing schools, 19 in a clear and uniform format and, to the ex- 20 tent practicable, in a language that they can 21 understand, including through the use of a vari- 22 ety of effective and innovative outreach ap- 23 proaches, such as by sending customized letters 24 to each family about available programs. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00888 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 889 •S 1094 IS ‘‘(B) Providing education and training to 1 parents of students attending the lowest-per- 2 forming schools to enable the parents to use the 3 information provided under subparagraph (A) 4 in their decisions about their children’s edu- 5 cation. 6 ‘‘(b) SELECTION OF STUDENTS.—An eligible entity 7 that receives a grant under this part shall select students 8 to participate in a program on the basis of a lottery, if 9 more students apply for admission to the program than 10 can be accommodated. 11 ‘‘(c) VOLUNTARY PARTICIPATION.—Student partici- 12 pation in a program funded under this part shall be vol- 13 untary. 14 ‘‘(d) PERFORMANCE MEASURES.— 15 ‘‘(1) IN GENERAL.—Each eligible entity award- 16 ed a grant under this part shall establish perform- 17 ance measures and targets that— 18 ‘‘(A) are approved by the Secretary; 19 ‘‘(B) are implemented for each program 20 established or expanded with funds provided 21 under this part; and 22 ‘‘(C) at a minimum, track— 23 ‘‘(i) the number of students partici- 24 pating; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00889 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 890 •S 1094 IS ‘‘(ii) the participating students’ aca- 1 demic achievement and student growth; 2 ‘‘(iii) in the case of participating high 3 school students, their graduation rates; 4 ‘‘(iv) the extent to which students in 5 schools participating in the programs or 6 schools funded under this part are being 7 educated in diverse schools and classrooms; 8 and 9 ‘‘(v) any other measure required by 10 the Secretary. 11 ‘‘(2) REPORTS.—Each eligible entity awarded a 12 grant under this part shall annually report to the 13 Secretary on its performance on the measures and 14 targets established under paragraph (1), and shall 15 provide that information both in the aggregate and 16 disaggregated for each subgroup of students de- 17 scribed in section 1111(a)(2)(B)(x). 18 ‘‘SEC. 5506. EVALUATIONS. 19 ‘‘From the amount reserved for evaluation activities 20 in accordance with section 9601(a), the Secretary, acting 21 through the Director of the Institute of Education 22 Sciences, shall, in consultation with the relevant program 23 office at the Department, evaluate the implementation and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00890 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 891 •S 1094 IS impact of the activities supported under this part, con- 1 sistent with section 9601, including— 2 ‘‘(1) how, and the extent to which, the pro- 3 grams promote educational equity and excellence; 4 ‘‘(2) the characteristics of the students partici- 5 pating in the programs; and 6 ‘‘(3) the effect of the programs on the academic 7 achievement and student growth of students partici- 8 pating in the programs both in the aggregate and 9 disaggregated for each subgroup of students de- 10 scribed in section 1111(a)(2)(B)(x). 11 ‘‘SEC. 5507. DEFINITIONS. 12 ‘‘In this part: 13 ‘‘(1) CHARTER SCHOOL.—The term ‘charter 14 school’ has the meaning given such term in section 15 5411. 16 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en- 17 tity’ means— 18 ‘‘(A) 1 or more high-need local educational 19 agencies applying with 1 or more other local 20 educational agencies; or 21 ‘‘(B) a State educational agency applying 22 with 1 or more high-need local educational 23 agencies. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00891 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 892 •S 1094 IS ‘‘(3) LOWEST-PERFORMING SCHOOL.—The term 1 ‘lowest-performing school’ means a public elemen- 2 tary school or secondary school that has been identi- 3 fied as a focus school under section 1116(c) or a pri- 4 ority school under section 1116(d).’’. 5 TITLE VI—PROMOTING FLEXI- 6 BILITY; RURAL EDUCATION 7 SEC. 6101. PROMOTING FLEXIBILITY. 8 Title VI (20 U.S.C. 7301 et seq.) is amended— 9 (1) by striking the title heading and inserting 10 the following: ‘‘PROMOTING FLEXIBILITY; 11 RURAL EDUCATION’’; and 12 (2) by striking part A and inserting the fol- 13 lowing: 14 ‘‘PART A—TRANSFERABILITY 15 ‘‘SEC. 6101. TRANSFERABILITY OF FUNDS. 16 ‘‘(a) TRANSFERS BY STATES.— 17 ‘‘(1) AUTHORITY TO TRANSFER.—Except as 18 provided in paragraph (2), in accordance with this 19 part, a State may transfer up to 100 percent of the 20 State funds allotted to the State for a fiscal year for 21 use for State-level activities described in this Act 22 that are carried out as part of a grant program in 23 which funds for the grant are distributed by a for- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00892 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 893 •S 1094 IS mula to 1 or more other State formula grant pro- 1 grams under this Act for such fiscal year. 2 ‘‘(2) PROHIBITION AGAINST TRANSFERRING 3 FUNDS OUT CERTAIN TITLES.—A State may not 4 transfer, pursuant to paragraph (1), any funds that 5 originate in title I or III out of such respective title. 6 ‘‘(b) TRANSFERS BY LOCAL EDUCATIONAL AGEN- 7 CIES.— 8 ‘‘(1) AUTHORITY TO TRANSFER.—Except as 9 provided in paragraph (2), in accordance with this 10 part, a local educational agency may transfer 100 11 percent of the funds allocated to it for a fiscal year 12 for use for local-level activities described in this Act 13 that are carried out as part of a grant program in 14 which funds for the grant are distributed by a for- 15 mula to 1 or more other local educational agency 16 formula grant programs under this Act for such fis- 17 cal year. 18 ‘‘(2) PROHIBITION AGAINST TRANSFERRING 19 FUNDS OUT OF CERTAIN TITLES.—A local edu- 20 cational agency may not transfer, pursuant to para- 21 graph (1), any funds that originate in title I, III, 22 part A of title VII, or VIII out of such respective 23 title. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00893 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 894 •S 1094 IS ‘‘(3) SPECIAL RULE WITH RESPECT TO RURAL 1 DISTRICTS.—Except as provided in paragraph (2), a 2 local educational agency that is eligible to receive as- 3 sistance under part B may transfer 100 percent of 4 the funds allocated to it for a fiscal year for use for 5 local-level activities described in this Act that are 6 carried out as part of a grant program in which 7 funds for the grant are distributed by a formula to 8 1 or more other local educational agency formula 9 grant programs under this Act for such fiscal year 10 or to carry out activities under a grant program in 11 which funds for the grant are distributed by formula 12 to States. 13 ‘‘(c) APPLICABLE RULES.— 14 ‘‘(1) IN GENERAL.—Except as otherwise pro- 15 vided in this part, funds transferred pursuant to this 16 section are subject to each of the rules and require- 17 ments applicable to the funds under the provision to 18 which the transferred funds are transferred. 19 ‘‘(2) CONSULTATION.—Each State educational 20 agency or local educational agency that transfers 21 funds under this section shall conduct consultations 22 in accordance with section 9501, if such transfer 23 transfers funds from a program that provides for 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00894 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 895 •S 1094 IS the participation of students, teachers, or other edu- 1 cational personnel, from private schools.’’. 2 SEC. 6102. RURAL EDUCATION. 3 Part B of title VI (20 U.S.C. 7341 et seq.) is amend- 4 ed— 5 (1) by striking section 6211; 6 (2) by redesignating sections 6212 and 6213 as 7 sections 6211 and 6212, respectively; 8 (3) in section 6211, as redesignated by para- 9 graph (2)— 10 (A) in the section heading, by striking 11 ‘‘GRANT’’; 12 (B) in subsection (a), by striking ‘‘activi- 13 ties authorized’’ and all that follows through 14 the period at the end of paragraph (5) and in- 15 serting ‘‘activities consistent with section 16 6101(b).’’; 17 (C) in subsection (b)— 18 (i) in paragraph (1)— 19 (I) by striking ‘‘paragraph (3)’’ 20 and inserting ‘‘paragraphs (3) and 21 (4)’’; 22 (II) by striking ‘‘section 23 6211(b)’’ and inserting ‘‘subsection 24 (d)’’; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00895 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 896 •S 1094 IS (III) by striking ‘‘section 1 6211(c)’’ and inserting ‘‘subpart 2 of 2 part A of title II’’; and 3 (ii) by striking paragraph (2) and in- 4 serting the following: 5 ‘‘(2) DETERMINATION OF INITIAL AMOUNT.— 6 ‘‘(A) IN GENERAL.—The initial amount re- 7 ferred to in paragraph (1) is equal to $100 8 multiplied by the total number of students in 9 excess of 50 students, in average daily attend- 10 ance at the schools served by the local edu- 11 cational agency, plus $20,000, except that the 12 initial amount may not exceed $60,000. 13 ‘‘(B) APPROPRIATION MORE THAN 14 $211,723,832.—Notwithstanding subparagraph 15 (A), if the appropriation for this part is more 16 than $211,723,832, a grant under this part 17 shall not be less than $25,000, and the initial 18 amount may not exceed $80,000.’’; and 19 (iii) by inserting after paragraph (3) 20 the following: 21 ‘‘(4) COALITIONS OF LIKE SCHOOL DIS- 22 TRICTS.— 23 ‘‘(A) IN GENERAL.—Notwithstanding para- 24 graph (1) and subject to subparagraph (B), in 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00896 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 897 •S 1094 IS the case of a local educational agency that is el- 1 igible under subsection (d) and is comprised of 2 3 or more like school districts, the Secretary 3 shall award a grant under subsection (a) to 4 such a local educational agency for a fiscal year 5 in an amount equal to the difference between— 6 ‘‘(i) the initial amount determined 7 under paragraph (2) for the fiscal year; 8 and 9 ‘‘(ii) the quotient that is obtained by 10 dividing— 11 ‘‘(I) the total amount received by 12 the agency under the provisions of law 13 described in subpart 2 of part A of 14 title II for the preceding fiscal year; 15 by 16 ‘‘(II) the sum of— 17 ‘‘(aa) the number of con- 18 stituent districts that comprise 19 such local educational agency; 20 plus 21 ‘‘(bb) the product of— 22 ‘‘(BB) the number of 23 constituent school districts 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00897 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 898 •S 1094 IS within such local educational 1 agency; and 2 ‘‘(CC) 4,000. 3 ‘‘(B) LIMITATION.—Notwithstanding sub- 4 paragraph (A), no local educational agency 5 shall receive more than $60,000 under this 6 paragraph.’’. 7 (D) by redesignating subsection (d) as sub- 8 section (e); 9 (E) by inserting after subsection (c) the 10 following: 11 ‘‘(d) ELIGIBILITY.— 12 ‘‘(1) IN GENERAL.—A local educational agency 13 shall be eligible for a grant under this section if— 14 ‘‘(A)(i)(I) the total number of students in 15 average daily attendance at all of the schools 16 served by the local educational agency is fewer 17 than 600; 18 ‘‘(II) in the case of a local educational 19 agency described in paragraph (4) of subsection 20 (b), the total number of students in average 21 daily attendance at all schools served by the 22 local educational agency is fewer than the prod- 23 uct of— 24 ‘‘(aa) 600; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00898 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 899 •S 1094 IS ‘‘(bb) the number of constituent 1 school districts within the local educational 2 agency; or 3 ‘‘(III) each county or locale in which a 4 school served by the local educational agency is 5 located has a total population density of fewer 6 than 10 persons per square mile; and 7 ‘‘(ii) each of the schools served by the local 8 educational agency is designated with a school 9 locale code of 32, 33, 41, 42, or 43, as deter- 10 mined by the Secretary; or 11 ‘‘(B) the agency meets at least 1 of the cri- 12 teria established in subparagraph (A)(i) and the 13 Secretary, in accordance with paragraph (2), 14 grants the State educational agency’s request to 15 waive the criterion described in subparagraph 16 (A)(ii). 17 ‘‘(2) CERTIFICATION.—The Secretary shall de- 18 termine whether to waive the criterion described in 19 paragraph (1)(A)(ii) based on a demonstration by 20 the local educational agency, and with the concur- 21 rence of the State educational agency, that the local 22 educational agency is located in an area defined as 23 rural by a governmental agency of the State.’’; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00899 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 900 •S 1094 IS (F) by striking subsection (e), as redesig- 1 nated by subparagraph (D), and inserting the 2 following: 3 ‘‘(e) SPECIAL ELIGIBILITY RULE.—A local edu- 4 cational agency may receive grant funding under subpart 5 1 or subpart 2, but may not receive grant funding under 6 both such subparts.’’; 7 (4) by striking section 6212, as redesignated by 8 paragraph (2), and inserting the following: 9 ‘‘SEC. 6212. ACADEMIC ACHIEVEMENT ASSESSMENTS. 10 ‘‘Each local educational agency that uses or receives 11 funds under this subpart for a fiscal year shall administer 12 assessments that are consistent with section 1111(a)(2).’’; 13 (5) in section 6221— 14 (A) in subsection (a)(1), by striking 15 ‘‘under section 6234 for’’ and inserting ‘‘to 16 carry out’’; 17 (B) in subsection (b)(1)(B), by striking ‘‘6, 18 7, or 8,’’ and inserting ‘‘33, 41, 42, or 43,’’; 19 and 20 (C) in subsection (c)— 21 (i) in the matter preceding paragraph 22 (1), by striking ‘‘under section 6234 for’’ 23 and inserting ‘‘to carry out’’; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00900 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 901 •S 1094 IS (ii) in paragraph (1), by striking ‘‘Bu- 1 reau of Indian Affairs’’ and inserting ‘‘Bu- 2 reau of Indian Education’’; 3 (6) in section 6222, by striking subsection (a) 4 and inserting the following: 5 ‘‘(a) LOCAL AWARDS.—Grant funds awarded to local 6 educational agencies under this subpart shall be used to 7 carry out local-level activities consistent with section 8 6101(b).’’; 9 (7) in section 6224— 10 (A) in subsection (c)— 11 (i) in the matter preceding paragraph 12 (1), by striking ‘‘the Committee on Edu- 13 cation and the Workforce of the House of 14 Representatives and the Committee on 15 Health, Education, Labor, and Pensions of 16 the Senate’’ and inserting ‘‘the authorizing 17 committees’’; and 18 (ii) by striking ‘‘local educational 19 agencies and schools’’ and inserting the 20 following: 21 ‘‘(2) how local educational agencies and 22 schools’’; 23 (B) in subsection (d)— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00901 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 902 •S 1094 IS (i) in the subsection heading, by strik- 1 ing ‘‘ASSESSMENT’’ and inserting ‘‘AS- 2 SESSMENTS’’; and 3 (ii) by striking ‘‘an assessment that is 4 consistent with section 1111(b)(3)’’ and in- 5 serting ‘‘assessments that are consistent 6 with section 1111(a)(2)’’; and 7 (C) by striking subsection (e); 8 (8) by striking section 6234; 9 (9) by redesignating sections 6231 through 10 6233 as sections 6232 through 6234, respectively; 11 (10) by inserting before section 6232, as redes- 12 ignated by paragraph (9), the following: 13 ‘‘SEC. 6231. CHOICE OF PARTICIPATION. 14 ‘‘If a local educational agency is eligible for funding 15 under subpart 1 and subpart 2 of this part, such local 16 educational agency may choose to participate in either 17 subpart 1 or subpart 2.’’; 18 (11) in section 6232, as redesignated by para- 19 graph (9)— 20 (A) in subsection (a), by striking ‘‘6212’’ 21 and inserting ‘‘6211’’; and 22 (B) in subsection (b)— 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00902 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 903 •S 1094 IS (i) by striking ‘‘under section 6212 or 1 subpart 2’’ each place the term appears 2 and inserting ‘‘under this part’’; and 3 (ii) by striking ‘‘under this section’’ 4 and inserting ‘‘under this part’’; and 5 (12) in section 6233, as redesignated by para- 6 graph (9), by striking ‘‘subpart 1 or subpart 2’’ and 7 inserting ‘‘this part’’. 8 SEC. 6103. GENERAL PROVISIONS. 9 Title VI (20 U.S.C. 7301 et seq.) is amended by 10 striking part C. 11 TITLE VII—INDIAN, NATIVE HA- 12 WAIIAN, AND ALASKA NATIVE 13 EDUCATION 14 PART A—INDIAN EDUCATION 15 SEC. 7101. PURPOSE. 16 Section 7102 (20 U.S.C. 7402) is amended to read 17 as follows: 18 ‘‘SEC. 7102. PURPOSE. 19 ‘‘It is the purpose of this part to support the efforts 20 of local educational agencies, Indian tribes and organiza- 21 tions, postsecondary institutions, and other entities— 22 ‘‘(1) to ensure the academic achievement of 23 American Indian and Alaska Native students by 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00903 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 904 •S 1094 IS meeting their unique cultural, language, and edu- 1 cational needs, consistent with section 1111(a); 2 ‘‘(2) to ensure that Indian and Alaska Native 3 students gain knowledge and understanding of Na- 4 tive communities, languages, tribal histories, tradi- 5 tions, and cultures; and 6 ‘‘(3) to ensure that principals, teachers, and 7 other staff who serve Indian and Alaska Native stu- 8 dents have the ability to provide culturally appro- 9 priate and effective instruction to such students.’’. 10 Subpart 1—Formula Grants to Local Educational 11 Agencies 12 SEC. 7111. FORMULA GRANT PURPOSE. 13 Section 7111 (20 U.S.C. 7421) is amended to read 14 as follows: 15 ‘‘SEC. 7111. PURPOSE. 16 ‘‘(a) PURPOSE.—It is the purpose of this subpart to 17 support the efforts of local educational agencies, Indian 18 tribes and organizations, postsecondary institutions, and 19 other entities to improve the academic achievement of 20 American Indian and Alaska Native students by meeting 21 their unique cultural, language, and educational needs. 22 ‘‘(b) PROGRAMS.—This subpart carries out the pur- 23 pose described in subsection (a) by authorizing programs 24 of direct assistance for— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00904 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 905 •S 1094 IS ‘‘(1) meeting the unique educational and cul- 1 turally related academic needs of Indians and Alaska 2 Natives, including gaining knowledge of Native 3 American languages, history, traditions, and cul- 4 tures; 5 ‘‘(2) the education of Indian children and 6 adults; 7 ‘‘(3) the training of Indian persons as educators 8 and counselors, and in other professions serving In- 9 dian people; and 10 ‘‘(4) research, evaluation, data collection, and 11 technical assistance.’’. 12 SEC. 7112. GRANTS TO LOCAL EDUCATIONAL AGENCIES, 13 TRIBES, AND INDIAN ORGANIZATIONS. 14 Section 7112 (20 U.S.C. 7422) is amended— 15 (1) in subsection (a), by striking ‘‘and Indian 16 tribes’’ and inserting ‘‘, Indian tribes, and Indian or- 17 ganizations’’; 18 (2) in subsection (b)(2), by striking ‘‘a reserva- 19 tion’’ and inserting ‘‘an Indian reservation’’; and 20 (3) by striking subsection (c) and inserting the 21 following: 22 ‘‘(c) INDIAN TRIBES AND INDIAN ORGANIZATIONS.— 23 ‘‘(1) IN GENERAL.—If a local educational agen- 24 cy that is otherwise eligible for a grant under this 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00905 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 906 •S 1094 IS subpart does not establish a committee under section 1 7114(c)(5) for such grant, an Indian tribe, an In- 2 dian organization, or a consortium of such entities, 3 that represents more than one-half of the eligible In- 4 dian children who are served by such local edu- 5 cational agency may apply for such grant. 6 ‘‘(2) UNAFFILIATED INDIAN TRIBES.—An In- 7 dian tribe that operates a school and is not affiliated 8 with either the local educational agency or the Bu- 9 reau of Indian Education shall be eligible to apply 10 for a grant under this subpart. 11 ‘‘(3) SPECIAL RULE.— 12 ‘‘(A) IN GENERAL.—The Secretary shall 13 treat each Indian tribe, Indian organization, or 14 consortium of such entities applying for a grant 15 pursuant to paragraph (1) or (2) as if such 16 tribe, Indian organization, or consortium were a 17 local educational agency for purposes of this 18 subpart . 19 ‘‘(B) EXCEPTIONS.—Notwithstanding sub- 20 paragraph (A), such Indian tribe, Indian orga- 21 nization, or consortium shall not be subject to 22 the requirements of subsections (b)(7) or (c)(5) 23 of section 7114 or section 7118(c) or 7119. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00906 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 907 •S 1094 IS ‘‘(4) ASSURANCE TO SERVE ALL INDIAN CHIL- 1 DREN.—An Indian tribe, Indian organization, or 2 consortium of such entities that is eligible to apply 3 for a grant under paragraph (1) shall include, in the 4 application required under section 7114, an assur- 5 ance that the entity will use the grant funds to pro- 6 vide services to all Indian students served by the 7 local educational agency. 8 ‘‘(d) INDIAN COMMUNITY-BASED ORGANIZATION.— 9 ‘‘(1) IN GENERAL.—If no local educational 10 agency pursuant to subsection (b), and no Indian 11 tribe, Indian organization, or consortium pursuant 12 to subsection (c), applies for a grant under this sub- 13 part, an Indian community-based organization serv- 14 ing the community of the local educational agency 15 may apply for such grant. 16 ‘‘(2) APPLICABILITY OF SPECIAL RULE.—The 17 Secretary shall apply the special rule in subsection 18 (c)(3) to a community-based organization applying 19 or receiving a grant under paragraph (1) in the 20 same manner as such rule applies to an Indian tribe, 21 Indian organization, or consortium. 22 ‘‘(3) DEFINITION OF INDIAN COMMUNITY- 23 BASED ORGANIZATION.—In this subsection, the term 24 VerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00907 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 908 •S 1094 IS ‘Indian community-based organization’ means any 1 organization that— 2 ‘‘(A) is composed primarily of Indian par- 3 ents and community members, tribal govern- 4 ment education officials, and tribal members 5 from a specific community; 6 ‘‘(B) assists in the social, cultural, and 7 educational development of Indians in such 8 community; 9 ‘‘(C) meets the unique cultural, language, 10 and academic needs of Indian students; and 11 ‘‘(D) demonstrates organizational capacity 12 to manage the grant. 13 ‘‘(e) CONSORTIA.— 14 ‘‘(1) IN GENERAL.—A local educational agency, 15 Indian tribe, or Indian organization that meets the 16 eligibility requirements under this section may form 17 a consortium with other eligible local educational 18 agencies, Indian tribes, or Indian organizations for 19 the purpose of obtaining grants and operating pro- 20 grams under this subpart. 21 ‘‘(2) REQUIREMENTS FOR LOCAL EDUCATIONAL 22 AGENCIES IN CONSORTIA.—In any case where 2 or 23 more local educational agencies that are eligible 24 under subsection (b) form or participate in a consor- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00908 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 909 •S 1094 IS tium to obtain a grant, or operate a program, under 1 this subpart, each local educational agency partici- 2 pating in such a consortium shall— 3 ‘‘(A) provide, in the application submitted 4 under section 7114, an assurance that the eligi- 5 ble Indian children served by such local edu- 6 cational agency will receive the services of the 7 programs funded under this subpart; and 8 ‘‘(B) agree to be subject to all require- 9 ments, assurances, and obligations applicable to 10 a local educational agency receiving a grant 11 under this subpart.’’. 12 SEC. 7113. AMOUNT OF GRANTS. 13 Section 7113 (20 U.S.C. 7423) is amended— 14 (1) in subsection (b)— 15 (A) in paragraph (1)— 16 (i) by striking ‘‘Bureau of Indian Af- 17 fairs’’ and inserting ‘‘Bureau of Indian 18 Education’’; and 19 (ii) by striking ‘‘$3,000’’ and insert- 20 ing ‘‘$10,000’’; and 21 (B) in paragraph (3), by striking ‘‘$4,000’’ 22 and inserting ‘‘$15,000’’; 23 (2) in subsection (d)— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00909 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 910 •S 1094 IS (A) in the subsection heading, by striking 1 ‘‘BUREAU OF INDIAN AFFAIRS’’ and inserting 2 ‘‘BUREAU OF INDIAN EDUCATION’’; 3 (B) in paragraph (1)(A)(i), by striking 4 ‘‘the Bureau of Indian Affairs’’ and inserting 5 ‘‘the Bureau of Indian Education’’; and 6 (C) in paragraph (2), by striking ‘‘section 7 7114(c)(4)’’ and inserting ‘‘section 7114(c)(5)’’; 8 and 9 (3) in subsection (e), by striking ‘‘under section 10 7152(a)’’ and inserting ‘‘to carry out this subpart’’. 11 SEC. 7114. APPLICATIONS. 12 (a) IN GENERAL.—Section 7114 (20 U.S.C. 7424) 13 is amended— 14 (1) in subsection (b)— 15 (A) in paragraph (2)— 16 (i) in subparagraph (A)— 17 (I) by striking ‘‘is consistent 18 with’’ and inserting ‘‘supports’’; and 19 (II) by inserting ‘‘, tribal,’’ after 20 ‘‘State’’; and 21 (ii) in subparagraph (B), by striking 22 ‘‘such goals’’ and all that follows through 23 the semicolon at the end and inserting 24 ‘‘such goals, to ensure such students meet 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00910 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 911 •S 1094 IS the same college and career ready State 1 academic achievement standards under sec- 2 tion 1111(a)(1) for all children;’’; 3 (B) by striking paragraph (3) and insert- 4 ing the following: 5 ‘‘(3) explains how the local educational agency 6 will use the funds made available under this subpart 7 to supplement other Federal, State, and local pro- 8 grams that meet the needs of such students;’’; 9 (C) in paragraph (5)— 10 (i) in subparagraph (A), by striking 11 ‘‘and’’ after the semicolon; and 12 (ii) by adding at the end the fol- 13 lowing: 14 ‘‘(C) the parents of Indian children, and 15 representatives of Indian tribes, on the com- 16 mittee described in subsection (c)(5) will par- 17 ticipate in the planning of the professional de- 18 velopment materials;’’; 19 (D) in paragraph (6)— 20 (i) in subparagraph (B)— 21 (I) in clause (i), by striking ‘‘sub- 22 section (c)(4); and’’ and inserting 23 ‘‘subsection (c)(5);’’; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00911 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 912 •S 1094 IS (II) by adding at the end the fol- 1 lowing: 2 ‘‘(iii) the Indian tribes whose children 3 are served by the local educational agency; 4 and’’; and 5 (ii) in subparagraph (C), by striking 6 the period at the end and inserting ‘‘; 7 and’’; and 8 (E) by adding at the end the following: 9 ‘‘(7) describes— 10 ‘‘(A) the formal process the local edu- 11 cational agency used to collaborate with Indian 12 tribes located in the community in the develop- 13 ment of the comprehensive programs; and 14 ‘‘(B) the actions taken as a result of the 15 collaboration.’’; 16 (2) in subsection (c)— 17 (A) in paragraph (1), by striking ‘‘the edu- 18 cation of Indian children, and not to supplant 19 such funds’’ and inserting ‘‘services and activi- 20 ties consistent with those described in this sub- 21 part, and not to supplant such funds’’; 22 (B) by redesignating paragraphs (2), (3), 23 and (4) as paragraphs (3), (4), and (5), respec- 24 tively; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00912 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 913 •S 1094 IS (C) by inserting after paragraph (1) the 1 following: 2 ‘‘(2) the local educational agency will use funds 3 received under this subpart only for activities de- 4 scribed and authorized under this subpart;’’; 5 (D) in paragraph (3), as redesignated by 6 subparagraph (B)— 7 (i) in subparagraph (A), by striking 8 ‘‘and’’ after the semicolon; 9 (ii) in subparagraph (B)— 10 (I) by inserting ‘‘, as measured 11 by the State academic assessments re- 12 quired under section 1111(a)(2), high 13 school graduation rates, and other 14 academic outcomes as appropriate,’’ 15 after ‘‘effective’’; and 16 (II) by inserting ‘‘and’’ after the 17 semicolon; and 18 (iii) by adding at the end the fol- 19 lowing: 20 ‘‘(C) determine the extent to which such 21 activities address the unique cultural, language, 22 and educational needs of Indian students;’’; 23 (E) in paragraph (4)(C), as redesignated 24 by subparagraph (B)— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00913 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 914 •S 1094 IS (i) by inserting ‘‘representatives of In- 1 dian tribes with reservations located within 2 50 miles of any of the schools that have 3 Indian children in any such school,’’ after 4 ‘‘Indian children and teachers’’; and 5 (ii) by striking ‘‘and’’ after the semi- 6 colon; and 7 (F) in paragraph (5), as redesignated by 8 subparagraph (B)— 9 (i) by inserting ‘‘and family members’’ 10 after ‘‘parents’’ each place the term ap- 11 pears; 12 (ii) in subparagraph (A)— 13 (I) by redesignating clauses (ii) 14 and (iii) as clauses (iii) and (iv), re- 15 spectively; and 16 (II) by inserting after clause (i) 17 the following: 18 ‘‘(ii) representatives of Indian tribes 19 with reservations located within 50 miles of 20 any of the schools that have children in 21 any such school;’’; 22 (iii) in subparagraph (B), by adding 23 ‘‘or representatives of Indian tribes de- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00914 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 915 •S 1094 IS scribed in subparagraph (A)(ii)’’ after 1 ‘‘children’’; 2 (iv) in subparagraph (D)— 3 (I) in clause (i), by striking 4 ‘‘and’’ after the semicolon; and 5 (II) by adding at the end the fol- 6 lowing: 7 ‘‘(iii) determined that the program 8 will directly enhance the educational expe- 9 rience of Indian and Alaska Native stu- 10 dents;’’; 11 (v) in subparagraph (E), by striking 12 the period at the end and inserting a semi- 13 colon; and 14 (vi) by adding at the end the fol- 15 lowing: 16 ‘‘(F) that shall determine the extent to 17 which the activities of the local educational 18 agency will address the unique cultural, lan- 19 guage, and education needs of Indian students; 20 and 21 ‘‘(G) that shall determine the extent to 22 which grant funds will directly enhance the edu- 23 cational experiences of American Indian stu- 24 dents;’’; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00915 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 916 •S 1094 IS (G) by adding at the end the following: 1 ‘‘(6) the local educational agency will coordinate 2 activities under this title with other Federal pro- 3 grams supporting educational and related services 4 administered by such agency; and 5 ‘‘(7) the local educational agency conducted 6 outreach to parents and family members to meet the 7 requirements under subsection (c)(5).’’; and 8 (3) by adding at the end the following: 9 ‘‘(d) OUTREACH.—The Secretary shall monitor the 10 applications for grants under this subpart to identify eligi- 11 ble local educational agencies and schools operated by the 12 Bureau of Indian Education that have not applied for such 13 grants, and shall undertake appropriate outreach activities 14 to encourage and assist eligible entities to submit applica- 15 tions for such grants. 16 ‘‘(e) TECHNICAL ASSISTANCE.—The Secretary shall, 17 directly or by contract, provide technical assistance to a 18 local educational agency upon request (in addition to any 19 technical assistance available under other provisions of 20 this Act or available through the Institute of Education 21 Sciences) to support the services and activities provided 22 under this subpart, including technical assistance for— 23 ‘‘(1) the development of applications under this 24 subpart; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00916 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 917 •S 1094 IS ‘‘(2) improvement in the quality of implementa- 1 tion, content, and evaluation of activities supported 2 under this subpart; and 3 ‘‘(3) integration of activities under this subpart 4 with other educational activities carried out by the 5 local educational agency.’’. 6 SEC. 7115. AUTHORIZED SERVICES AND ACTIVITIES. 7 Section 7115 (20 U.S.C. 7425) is amended— 8 (1) in subsection (a)— 9 (A) by adjusting the margin of paragraph 10 (1) to align with paragraphs (2) and (3); and 11 (B) in paragraph (1), by inserting ‘‘solely 12 for the services and activities described in such 13 application’’ after ‘‘section 7114(a)’’; 14 (2) in subsection (b)— 15 (A) by redesignating paragraphs (1) 16 through (11) as paragraphs (2) through (12), 17 respectively; 18 (B) by inserting before paragraph (2), as 19 redesignated by subparagraph (A), the fol- 20 lowing: 21 ‘‘(1) activities that support Native American 22 language immersion programs and Native American 23 language restoration programs, which may be taught 24 by traditional leaders;’’; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00917 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 918 •S 1094 IS (C) in paragraph (3), as redesignated by 1 subparagraph (A), by striking ‘‘early childhood’’ 2 and inserting ‘‘high-quality early education’’; 3 (D) in paragraph (4), as redesignated by 4 subparagraph (A), by striking ‘‘challenging 5 State academic content and student academic 6 achievement standards’’ and inserting ‘‘college 7 and career ready State academic content and 8 student academic achievement standards under 9 section 1111(a)’’; 10 (E) by striking paragraph (5), as redesig- 11 nated by subparagraph (A), and inserting the 12 following: 13 ‘‘(5) integrated educational services in combina- 14 tion with other programs to meet the unique needs 15 of Indian children and their families, including pro- 16 grams that promote parental involvement— 17 ‘‘(A) in school activities; and 18 ‘‘(B) to increase student achievement;’’; 19 (F) by striking paragraph (7), as redesig- 20 nated by subparagraph (A), and inserting the 21 following: 22 ‘‘(7) activities to educate individuals so as to 23 prevent violence, suicide, and substance abuse;’’; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00918 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 919 •S 1094 IS (G) by striking paragraphs (10) and (11), 1 as redesignated by subparagraph (A), and in- 2 serting the following: 3 ‘‘(10) activities that incorporate culturally and 4 linguistically relevant curriculum content into class- 5 room instruction that is responsive to the unique 6 learning styles of Indian and Alaska Native children 7 to ensure that such children are better able to meet 8 the student academic achievement standards, con- 9 sistent with section 1111(a); 10 ‘‘(11) family literacy activities;’’; 11 (H) in paragraph (12), as redesignated by 12 subparagraph (A), by striking ‘‘children’’ and 13 all that follows through the period and inserting 14 ‘‘children; and’’; and 15 (I) by adding at the end the following: 16 ‘‘(13) dropout prevention strategies and strate- 17 gies— 18 ‘‘(A) to meet the educational needs of at- 19 risk Indian students in correctional facilities; 20 and 21 ‘‘(B) to support Indian students who are 22 transitioning from such facilities to schools 23 served by local educational agencies.’’; 24 (3) in subsection (c)— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00919 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 920 •S 1094 IS (A) in paragraph (1)— 1 (i) by striking ‘‘section 7114(c)(4)’’ 2 and inserting ‘‘section 7114(c)(5)’’; and 3 (ii) by striking ‘‘; and’’ and inserting 4 a semicolon; 5 (B) in paragraph (2), by striking the pe- 6 riod and inserting ‘‘; and’’; and 7 (C) by adding at the end the following: 8 ‘‘(3) the local educational agency identifies in 9 its application how the use of such funds in a 10 schoolwide program will produce benefits to the In- 11 dian students that would not be achieved if the 12 funds were not used in a schoolwide program.’’; and 13 (4) by adding at the end the following: 14 ‘‘(e) LIMITATION ON USE OF FUNDS.—Funds pro- 15 vided to a grantee under this subpart may not be used 16 for long-distance travel expenses for training activities 17 available locally or regionally.’’. 18 SEC. 7116. INTEGRATION OF SERVICES AUTHORIZED. 19 Section 7116 (20 U.S.C. 7426) is amended— 20 (1) in subsection (d)(9), by striking ‘‘section 21 7114(c)(4)’’ and inserting ‘‘section 7114(c)(5)’’; 22 (2) in subsection (g), in the matter preceding 23 paragraph (1)— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00920 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 921 •S 1094 IS (A) by striking ‘‘the No Child Left Behind 1 Act of 2001’’ and inserting ‘‘the Strengthening 2 America’s Schools Act of 2013’’; 3 (B) by inserting ‘‘the Secretary of Health 4 and Human Services,’’ after ‘‘the Secretary of 5 the Interior,’’; and 6 (C) by inserting ‘‘and coordination’’ after 7 ‘‘providing for the implementation’’; 8 (3) by striking subsection (o) and inserting the 9 following: 10 ‘‘(o) REPORT ON STATUTORY OBSTACLES TO, AND 11 BEST PRACTICES FOR, PROGRAM INTEGRATION.— 12 ‘‘(1) IN GENERAL.—Not later than 3 years 13 after the date of enactment of the Strengthening 14 America’s Schools Act of 2013, the Secretary of 15 Education shall submit a report to the authorizing 16 committees, the Committee on Indian Affairs of the 17 Senate, and the Committee on Natural Resources of 18 the House of Representatives on the results of the 19 implementation of the demonstration projects au- 20 thorized under this section. 21 ‘‘(2) CONTENTS.—Such report shall identify— 22 ‘‘(A) statutory barriers to the ability of 23 participants to integrate more effectively their 24 education and related services to Indian stu- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00921 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 922 •S 1094 IS dents in a manner consistent with the objectives 1 of this section; and 2 ‘‘(B) the best practices for program inte- 3 gration that result in increased student pro- 4 ficiency, graduation rates, and other relevant 5 academic outcomes for Indian and Alaska Na- 6 tive students.’’. 7 SEC. 7117. STUDENT ELIGIBILITY FORMS. 8 Section 7117 (20 U.S.C. 7427) is amended— 9 (1) in subsection (b)(1)— 10 (A) in subparagraph (A)(ii), by inserting 11 ‘‘or membership’’ after ‘‘enrollment’’; and 12 (B) in subparagraph (B), by inserting ‘‘or 13 membership’’ after ‘‘enrollment’’; 14 (2) by striking subsections (d) and (e) and in- 15 serting the following: 16 ‘‘(d) DOCUMENTATION AND TYPES OF PROOF.— 17 ‘‘(1) TYPES OF PROOF.—For purposes of deter- 18 mining whether a child is eligible to be counted for 19 the purpose of computing the amount of a grant 20 award under section 7113, the membership of the 21 child, or any parent or grandparent, of the child, in 22 a tribe or band of Indians (as so defined) may be 23 established by proof other than an enrollment num- 24 ber, notwithstanding the availability of an enroll- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00922 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 923 •S 1094 IS ment number for a member of such tribe or band. 1 Nothing in subsection (b) shall be construed to re- 2 quire the furnishing of an enrollment number. 3 ‘‘(2) NO NEW OR DUPLICATE DETERMINA- 4 TIONS.—Once a child is determined to be an Indian 5 eligible to be counted for such grant award, the local 6 educational agency shall maintain a record of such 7 determination and shall not require a new or dupli- 8 cate determination to be made for such child for a 9 subsequent application for a grant under this sub- 10 part. 11 ‘‘(3) PREVIOUSLY FILED FORMS.—An Indian 12 student eligibility form that was on file as required 13 by this section on the day before the date of enact- 14 ment of the Strengthening America’s Schools Act of 15 2013 and that met the requirements of this section, 16 as this section was in effect on the day before the 17 date of enactment of such Act, shall remain valid for 18 such Indian student.’’; 19 (3) by redesignating subsections (f) and (g) as 20 subsections (e) and (f), respectively; 21 (4) in subsection (f), as redesignated by para- 22 graph (3), by striking ‘‘the Bureau of Indian Af- 23 fairs’’ and inserting ‘‘the Bureau of Indian Edu- 24 cation’’; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00923 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 924 •S 1094 IS (5) by inserting after subsection (f), as redesig- 1 nated by paragraph (3), the following: 2 ‘‘(g) TECHNICAL ASSISTANCE.—The Secretary shall, 3 directly or through contract, provide technical assistance 4 to a local educational agency upon request, in addition to 5 any technical assistance available under section 1116 or 6 available through the Institute of Education Sciences, to 7 support the services and activities described under this 8 section, including for the— 9 ‘‘(1) development of applications under this sec- 10 tion; 11 ‘‘(2) improvement in the quality of implementa- 12 tion, content of activities, and evaluation of activities 13 supported under this subpart; 14 ‘‘(3) integration of activities under this title 15 with other educational activities established by the 16 local educational agency; and 17 ‘‘(4) coordination of activities under this title 18 with programs administered by each Federal agency 19 providing grants for the provision of educational and 20 related services.’’. 21 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00924 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 925 •S 1094 IS Subpart 2—Special Programs and Projects to Im- 1 prove Educational Opportunities for Indian 2 Children and Youth 3 SEC. 7121. SPECIAL PROGRAMS AND PROJECTS TO IM- 4 PROVE EDUCATIONAL OPPORTUNITIES FOR 5 INDIAN CHILDREN AND YOUTH. 6 Subpart 2 of part A of title VII is amended by insert- 7 ing ‘‘and Youth’’ after ‘‘Children’’ in the subpart 8 heading. 9 SEC. 7122. IMPROVEMENT OF EDUCATIONAL OPPORTUNI- 10 TIES FOR INDIAN CHILDREN AND YOUTH. 11 Section 7121 (20 U.S.C. 7441) is amended— 12 (1) in the heading, by adding ‘‘AND YOUTH’’ 13 after ‘‘CHILDREN’’; 14 (2) in subsection (a), by inserting ‘‘and youth’’ 15 after ‘‘children’’ both places the term appears; 16 (3) in subsection (c)— 17 (A) by inserting ‘‘and youth’’ after ‘‘chil- 18 dren’’ each place the term appears; and 19 (B) in paragraph (1)— 20 (i) in subparagraph (D), by inserting 21 ‘‘emotional,’’ after ‘‘social,’’; 22 (ii) by striking subparagraph (G) and 23 inserting the following: 24 ‘‘(G) high-quality early childhood education 25 programs that are effective in preparing young 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00925 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 926 •S 1094 IS children to be making sufficient academic 1 growth by the end of grade 3, including kinder- 2 garten and prekindergarten programs, family- 3 based preschool programs that emphasize school 4 readiness, screening and referral, and the provi- 5 sion of services to Indian children and youth 6 with disabilities;’’; 7 (iii) in subparagraph (K), by striking 8 ‘‘family literacy services’’ and inserting 9 ‘‘family literacy activities’’; 10 (iv) in subparagraph (L), by striking 11 ‘‘qualified tribal elders and seniors; or’’ 12 and inserting ‘‘traditional leaders;’’; 13 (v) in subparagraph (M), by striking 14 the period at the end and inserting ‘‘; or’’; 15 and 16 (vi) by adding at the end the fol- 17 lowing: 18 ‘‘(N) other services that meet the purpose 19 described in this section.’’; 20 (C) in paragraph (2), by striking ‘‘Profes- 21 sional development of’’ and inserting ‘‘High- 22 quality professional development of’’; 23 (4) in subsection (d)— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00926 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 927 •S 1094 IS (A) in paragraph (1)(C), by striking 1 ‘‘make a grant payment for a grant described 2 in this paragraph to an eligible entity after the 3 initial year of the multi-year grant only if the 4 Secretary determines’’ and inserting ‘‘award 5 grants for an initial period of not more than 3 6 years and may renew such grants for not more 7 than an additional 2 years if the Secretary de- 8 termines’’; and 9 (B) in paragraph (3)(B)— 10 (i) in clause (i), by striking ‘‘parents 11 of Indian children and representatives of 12 Indian tribes’’ and inserting ‘‘family mem- 13 bers of Indian children and youth and offi- 14 cial representatives designated by the In- 15 dian tribes’’; and 16 (ii) in clause (iii)— 17 (I) by striking ‘‘information’’ and 18 inserting ‘‘evidence’’; and 19 (II) by striking ‘‘scientifically 20 based’’ and inserting ‘‘evidence- 21 based’’; and 22 (5) by adding at the end the following: 23 ‘‘(f) CONTINUATION.—Notwithstanding any other 24 provision of this section, a grantee that is carrying out 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00927 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 928 •S 1094 IS activities pursuant to a grant awarded under this section 1 prior to the date of enactment of the Strengthening Amer- 2 ica’s Schools Act of 2013 may continue to carry out such 3 activities under such grant in accordance with the terms 4 of that grant award.’’. 5 SEC. 7123. PROFESSIONAL DEVELOPMENT FOR TEACHERS 6 AND EDUCATION PROFESSIONALS. 7 Section 7122 (20 U.S.C. 7442) is amended— 8 (1) in subsection (a), by striking paragraphs 9 (1) and (2) and inserting the following: 10 ‘‘(1) to increase the number of qualified Indian 11 teachers and administrators serving Indian students; 12 ‘‘(2) to provide training to qualified Indian indi- 13 viduals to become educators; and’’; 14 (2) in subsection (d), by adding at the end the 15 following: 16 ‘‘(3) CONTINUATION.—Notwithstanding any 17 other provision of this section, a grantee that is car- 18 rying out activities pursuant to a grant awarded 19 under this section prior to the date of enactment of 20 the Strengthening America’s Schools Act of 2013 21 may continue to carry out such activities under such 22 grant in accordance with the terms of that award.’’; 23 (3) by striking subsection (e) and inserting the 24 following: 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00928 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 929 •S 1094 IS ‘‘(e) APPLICATION.—Each eligible entity desiring a 1 grant under this section shall submit an application to the 2 Secretary at such time, in such manner, and accompanied 3 by such information, as the Secretary may reasonably re- 4 quire. At a minimum, an application under this section 5 shall describe how the eligible entity will— 6 ‘‘(1) recruit qualified Indian individuals, such 7 as students who may not be of traditional college 8 age, to become teachers or principals; 9 ‘‘(2) use funds made available under the grant 10 to support the recruitment, preparation, and profes- 11 sional development of Indian teachers or principals 12 in local educational agencies that serve a high pro- 13 portion of Indian students; and 14 ‘‘(3) assist participants in meeting the require- 15 ments under subsection (h).’’; 16 (4) by striking subsection (g) and inserting the 17 following: 18 ‘‘(g) GRANT PERIOD.—The Secretary shall award 19 grants under this section for an initial period of not more 20 than 3 years, and may renew such grants for not more 21 than an additional 2 years if the Secretary finds that the 22 grantee is achieving the objectives of the grant.’’; and 23 (5) in subsection (h)(1)(A), by striking clause 24 (ii) and inserting the following: 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00929 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 930 •S 1094 IS ‘‘(ii) in a local educational agency that 1 serves a high proportion of Indian stu- 2 dents; or’’. 3 Subpart 3—National Activities 4 SEC. 7131. NATIONAL ACTIVITIES. 5 Subpart 3 of part A of title VII (20 U.S.C. 7451 et 6 seq.) is amended— 7 (1) in section 7131— 8 (A) in subsection (a)— 9 (i) in the matter preceding paragraph 10 (1), by striking ‘‘under section 7152(b)’’ 11 and inserting ‘‘to carry out this subpart’’; 12 (ii) in paragraph (1), by striking ‘‘the 13 education’’ and inserting ‘‘improving the 14 academic achievement and development’’; 15 (iii) by striking paragraph (2); 16 (iv) by redesignating paragraph (3) as 17 paragraph (2); 18 (v) in paragraph (2), as redesignated 19 by clause (iv), by striking ‘‘Indians; and’’ 20 and inserting ‘‘Indian students;’’; and 21 (vi) by inserting after paragraph (2), 22 as redesignated by clause (iv), the fol- 23 lowing: 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00930 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 931 •S 1094 IS ‘‘(3) provide technical assistance and logistical 1 support to grantees under this subpart; and’’; and 2 (B) by striking subsection (c) and insert- 3 ing the following: 4 ‘‘(c) COORDINATION.—Research activities supported 5 under this section— 6 ‘‘(1) shall be coordinated with appropriate of- 7 fices within the Department; and 8 ‘‘(2) may include collaborative research activi- 9 ties that are jointly funded and carried out by the 10 Bureau of Indian Education and the Institute of 11 Education Sciences.’’; 12 (2) by striking sections 7132, 7133, 7134, 13 7135, and 7136; and 14 (3) by adding at the end the following: 15 ‘‘SEC. 7132. IMPROVEMENT OF ACADEMIC SUCCESS FOR 16 STUDENTS THROUGH NATIVE AMERICAN 17 LANGUAGE. 18 ‘‘(a) PURPOSE.—It is the purpose of this section to 19 improve educational opportunities and academic achieve- 20 ment of Indian and Alaska Native students through Na- 21 tive American language programs and to foster the acqui- 22 sition of Native American language. 23 ‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this sec- 24 tion, the term ‘eligible entity’ means a State educational 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00931 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 932 •S 1094 IS agency, local educational agency, Indian tribe, Indian or- 1 ganization, federally supported elementary school or sec- 2 ondary school for Indian students, Indian institution (in- 3 cluding an Indian institution of higher education), or a 4 consortium of such entities. 5 ‘‘(c) GRANTS AUTHORIZED.—The Secretary shall 6 award grants to eligible entities to enable such entities to 7 carry out the following activities: 8 ‘‘(1) Native American language programs 9 that— 10 ‘‘(A) provide instruction through the use of 11 a Native American language for not less than 12 10 children for an average of not less than 500 13 hours per year per student; 14 ‘‘(B) provide for the involvement of par- 15 ents, caregivers, and families of students en- 16 rolled in the program; 17 ‘‘(C) utilize, and may include the develop- 18 ment of, instructional courses and materials for 19 learning Native American languages and for in- 20 struction through the use of Native American 21 languages; 22 ‘‘(D) provide support for professional de- 23 velopment activities; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00932 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 933 •S 1094 IS ‘‘(E) include a goal of all students achiev- 1 ing— 2 ‘‘(i) fluency in a Native American lan- 3 guage; and 4 ‘‘(ii) academic proficiency in mathe- 5 matics, English, reading or language arts, 6 and science. 7 ‘‘(2) Native American language restoration pro- 8 grams that— 9 ‘‘(A) provide instruction in not less than 1 10 Native American language; 11 ‘‘(B) provide support for professional de- 12 velopment activities for teachers of Native 13 American languages; 14 ‘‘(C) develop instructional materials for the 15 programs; and 16 ‘‘(D) include the goal of increasing pro- 17 ficiency and fluency in not less than 1 Native 18 American language. 19 ‘‘(d) APPLICATION.— 20 ‘‘(1) IN GENERAL.—An eligible entity that de- 21 sires to receive a grant under this section shall sub- 22 mit an application to the Secretary at such time, in 23 such manner, and accompanied by such information 24 as the Secretary may require. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00933 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 934 •S 1094 IS ‘‘(2) CERTIFICATION.—An eligible entity that 1 submits an application for a grant to carry out the 2 activity specified in subsection (c)(1), shall include 3 in such application a certification that assures that 4 such entity has experience and a demonstrated 5 record of effectiveness in operating and admin- 6 istering a Native American language program or any 7 other educational program in which instruction is 8 conducted in a Native American language. 9 ‘‘(e) GRANT DURATION.—The Secretary shall make 10 grants under this section only on a multi-year basis. Each 11 such grant shall be for a period not to exceed 5 years. 12 ‘‘(f) DEFINITION.—In this section, the term ‘average’ 13 means the aggregate number of hours of instruction 14 through the use of a Native American language to all stu- 15 dents enrolled in a Native American language program 16 during a school year divided by the total number of stu- 17 dents enrolled in the program. 18 ‘‘(g) ADMINISTRATIVE COSTS.— 19 ‘‘(1) IN GENERAL.—Except as provided in para- 20 graph (2), not more than 5 percent of the funds pro- 21 vided to a grantee under this section for any fiscal 22 year may be used for administrative purposes. 23 ‘‘(2) EXCEPTION.—An elementary school or 24 secondary school for Indian students that receives 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00934 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 935 •S 1094 IS funds from a recipient of a grant under subsection 1 (c) for any fiscal year may use not more than 10 2 percent of the funds for administrative purposes. 3 ‘‘SEC. 7133. IMPROVING STATE AND TRIBAL EDUCATION 4 AGENCY COLLABORATION. 5 ‘‘The Secretary, in consultation with the Director of 6 the Bureau of Indian Education, shall conduct a study of 7 the relationship among State educational agencies, local 8 educational agencies, and other relevant State and local 9 agencies, and tribes or tribal representatives to— 10 ‘‘(1) identify examples of best practices in col- 11 laboration among those entities that result in the 12 provision of better services to Indian students; and 13 ‘‘(2) provide recommendations on— 14 ‘‘(A) State educational agency functions 15 that tribal educational agencies could perform; 16 ‘‘(B) areas and agency functions in which 17 greater State educational agency and tribal 18 education agency collaboration is needed; and 19 ‘‘(C) other steps to reducing barriers to 20 serving Indian students, especially such stu- 21 dents who are at risk of academic failure.’’. 22 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00935 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 936 •S 1094 IS Subpart 4—Federal Administration 1 SEC. 7141. NATIONAL ADVISORY COUNCIL ON INDIAN EDU- 2 CATION. 3 Section 7141(b)(1) (20 U.S.C. 7471(b)(1)) is amend- 4 ed by inserting ‘‘and the Secretary of the Interior’’ after 5 ‘‘advise the Secretary’’. 6 Subpart 5—Definitions; Authorization of 7 Appropriations 8 SEC. 7151. DEFINITIONS; AUTHORIZATION OF APPROPRIA- 9 TIONS. 10 Subpart 5 of part A of title VII (20 U.S.C. 7491 et 11 seq.) is amended— 12 (1) in the subpart heading, by striking ‘‘; Au- 13 thorizations of Appropriations’’; 14 (2) by striking section 7152; and 15 (3) in section 7151— 16 (A) by striking paragraph (2); 17 (B) by redesignating paragraph (3) as 18 paragraph (2); and 19 (C) by adding at the end the following: 20 ‘‘(3) TRADITIONAL LEADERS.—The term ‘tradi- 21 tional leaders’ has the meaning given the term in the 22 Native American Languages Act of 1990 (25 U.S.C. 23 2902).’’. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00936 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 937 •S 1094 IS PART B—NATIVE HAWAIIAN EDUCATION; ALASKA 1 NATIVE EDUCATION 2 SEC. 7201. NATIVE HAWAIIAN EDUCATION AND ALASKA NA- 3 TIVE EDUCATION. 4 Title VII (20 U.S.C. 7401 et seq.) is amended— 5 (1) in part B, by striking the part heading and 6 inserting the following: ‘‘NATIVE HAWAIIAN EDU- 7 CATION; ALASKA NATIVE EDUCATION’’; 8 (2) by inserting before section 7201 the fol- 9 lowing: 10 ‘‘Subpart 1—Native Hawaiian Education’’; 11 (3) in section 7201, by striking ‘‘part’’ and in- 12 serting ‘‘subpart’’; 13 (4) by redesignating part C as subpart 2 of 14 part B; and 15 (5) in subpart 2 of part B, as redesignated by 16 paragraph (4), by striking the heading and inserting 17 ‘‘Alaska Native Education’’. 18 Subpart 1—Native Hawaiian Education 19 SEC. 7202. FINDINGS. 20 Section 7202 (20 U.S.C. 7512) is amended to read 21 as follows: 22 ‘‘SEC. 7202. FINDINGS. 23 ‘‘Congress finds the following: 24 ‘‘(1) Native Hawaiians are a distinct and 25 unique indigenous people with a historical continuity 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00937 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 938 •S 1094 IS to the original inhabitants of the Hawaiian archi- 1 pelago, whose society was organized as a nation and 2 internationally recognized as a nation by the United 3 States, and many other countries. 4 ‘‘(2) Native Hawaiians have a cultural, historic, 5 and land-based link to the indigenous people who ex- 6 ercised sovereignty over the Hawaiian Islands. 7 ‘‘(3) The political relationship between the 8 United States and the Native Hawaiian people has 9 been recognized and reaffirmed by the United 10 States, as evidenced by the inclusion of Native Ha- 11 waiians in many Federal statutes. 12 ‘‘(4) In 1993, 2005, and 2009, the Kameha- 13 meha Schools Bishop Estate released the findings of 14 the Native Hawaiian Educational Assessment 15 Project, which found that despite the successes of 16 the programs established under title IV of the Au- 17 gustus F. Hawkins-Robert T. Stafford Elementary 18 and Secondary School Improvement Amendments of 19 1988, many of the same educational needs still ex- 20 isted for Native Hawaiians. 21 ‘‘(5) The percentage of Native Hawaiian stu- 22 dents served by the State of Hawaii Department of 23 Education rose 30 percent from 1980 to 2008, and 24 there are and will continue to be geographically 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00938 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 939 •S 1094 IS rural, isolated areas with a high Native Hawaiian 1 population density. 2 ‘‘(6) The Native Hawaiian people are deter- 3 mined to preserve, develop, and transmit to future 4 generations their ancestral territory and their cul- 5 tural identity in accordance with their own spiritual 6 and traditional beliefs, customs, practices, language, 7 and social institutions. 8 ‘‘(7) The State of Hawaii, in the constitution 9 and statutes of the State of Hawaii— 10 ‘‘(A) reaffirms and protects the unique 11 right of the Native Hawaiian people to practice 12 and perpetuate their culture and religious cus- 13 toms, beliefs, practices, and language; 14 ‘‘(B) recognizes the traditional language of 15 the Native Hawaiian people as an official lan- 16 guage of the State of Hawaii, which may be 17 used as the language of instruction for all sub- 18 jects and grades in the public school system; 19 and 20 ‘‘(C) promotes the study of the Hawaiian 21 culture, language, and history by providing a 22 Hawaiian education program and using commu- 23 nity expertise as a suitable and essential means 24 to further the program.’’. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00939 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 940 •S 1094 IS SEC. 7203. PURPOSES. 1 Section 7203 (20 U.S.C. 7513) is amended to read 2 as follows: 3 ‘‘SEC. 7203. PURPOSES. 4 ‘‘The purposes of this subpart are to— 5 ‘‘(1) develop, implement, assess, expand, and 6 evaluate innovative educational programs, Native 7 Hawaiian language medium programs, Native Ha- 8 waiian culture-based education programs, and other 9 education programs to improve the academic 10 achievement of Native Hawaiian students by meet- 11 ing their unique cultural and language needs to help 12 such students meet college and career ready State 13 academic content and student academic achievement 14 standards adopted under section 1111(a)(1); 15 ‘‘(2) provide guidance to appropriate Federal, 16 State, and local agencies to more effectively and effi- 17 ciently focus resources, including resources made 18 available under this subpart, on the development and 19 implementation of— 20 ‘‘(A) innovative educational programs for 21 Native Hawaiian students; 22 ‘‘(B) rigorous and substantive Native Ha- 23 waiian language programs; and 24 ‘‘(C) Native Hawaiian culture-based edu- 25 cational programs; and 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00940 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 941 •S 1094 IS ‘‘(3) create a system by which information from 1 programs funded under this subpart will be col- 2 lected, analyzed, evaluated, reported, and used in de- 3 cision making activities with respect to the types of 4 grants awarded under this subpart.’’. 5 SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL. 6 Section 7204 (20 U.S.C. 7514) is amended to read 7 as follows: 8 ‘‘SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL. 9 ‘‘(a) GRANT AUTHORIZED.— 10 ‘‘(1) IN GENERAL.—In order to better effec- 11 tuate the purposes of this subpart through the co- 12 ordination of educational and related services and 13 programs available to Native Hawaiian students, in- 14 cluding those programs receiving funding under this 15 subpart, the Secretary shall award a grant to an 16 education council, as described in subsection (b). 17 ‘‘(2) DURATION OF GRANT.—A grant under 18 this section shall be for a period of 5 years. 19 ‘‘(3) FUNDING.—For each fiscal year, the Sec- 20 retary shall use the amount described in section 21 7205(h)(1) to make a payment under the grant. 22 Funds made available through the grant shall re- 23 main available until expended. 24 ‘‘(b) COMPOSITION.— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00941 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 942 •S 1094 IS ‘‘(1) ELIGIBILITY.—To be eligible to receive the 1 grant under subsection (a), the council shall be an 2 education council (referred to in this section as the 3 ‘Education Council’) that meets the requirements of 4 this subsection. 5 ‘‘(2) IN GENERAL.—The Education Council 6 shall consist of 15 members, of whom— 7 ‘‘(A) 1 shall be the President of the Uni- 8 versity of Hawaii (or a designee); 9 ‘‘(B) 1 shall be the Governor of the State 10 of Hawaii (or a designee); 11 ‘‘(C) 1 shall be the Superintendent of the 12 State of Hawaii Department of Education (or a 13 designee); 14 ‘‘(D) 1 shall be the chairperson of the Of- 15 fice of Hawaiian Affairs (or a designee); 16 ‘‘(E) 1 shall be the executive director of 17 Hawaii’s Charter School Network (or a des- 18 ignee); 19 ‘‘(F) 1 shall be the chief executive officer 20 of the Kamehameha Schools (or a designee); 21 ‘‘(G) 1 shall be the chairperson of the 22 Queen Liliuokalani Trust (or a designee); 23 ‘‘(H) 1 shall be a member, selected by the 24 other members of the Education Council, who 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00942 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 943 •S 1094 IS represents a private grant making entity (or a 1 designee); 2 ‘‘(I) 1 shall be the mayor of the County of 3 Hawaii (or a designee); 4 ‘‘(J) 1 shall be the Mayor of Maui County 5 (or a designee from the Island of Maui); 6 ‘‘(K) 1 shall be the Mayor of the County 7 of Kauai (or a designee); 8 ‘‘(L) 1 shall be appointed by the Mayor of 9 Maui County from the Island of either Molokai 10 or Lanai; 11 ‘‘(M) 1 shall be the Mayor of the City and 12 County of Honolulu (or a designee); 13 ‘‘(N) 1 shall be the Chairperson of the Ha- 14 waiian Homes Commission (or a designee); and 15 ‘‘(O) 1 shall be the Chairperson of the Ha- 16 waii Workforce Development Council (or a des- 17 ignee representing the private sector). 18 ‘‘(3) REQUIREMENTS.—Any designee serving on 19 the Council shall demonstrate, as determined by the 20 individual who appointed such designee with input 21 from the Native Hawaiian community, not less than 22 5 years of experience as a consumer or provider of 23 Native Hawaiian education or cultural activities, 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00943 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 944 •S 1094 IS with traditional cultural experience given due consid- 1 eration. 2 ‘‘(4) LIMITATION.—A member of the Education 3 Council, including a designee, may not receive, as an 4 individual, grant funds awarded under this subpart 5 while serving on the Education Council. 6 ‘‘(5) NO COMPENSATION.—None of the funds 7 made available through the grant may be used to 8 provide compensation to any member of the Edu- 9 cation Council or member of a working group estab- 10 lished by the Education Council, for functions de- 11 scribed in this section. 12 ‘‘(6) ADMINISTRATIVE PROVISIONS RELATING 13 TO EDUCATION COUNCIL.—The Education Council 14 shall meet at the call of the Chair of the Council, 15 or upon request by a majority of the members of the 16 Education Council, but in any event not less often 17 than every 120 days. 18 ‘‘(7) CHAIR, VICE CHAIR.— 19 ‘‘(A) SELECTION.—The Education Council 20 shall select a Chair and Vice Chair from among 21 the members of the Education Council. 22 ‘‘(B) SERVICE.—The Chair and Vice Chair 23 selected under subparagraph (A) shall each 24 serve for one 2-year term. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00944 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 945 •S 1094 IS ‘‘(c) USE OF FUNDS FOR TECHNICAL ASSISTANCE 1 AND ASSESSMENT.—The Education Council shall use 2 funds made available through the grant under this section 3 to carry out, directly or through subgrant or contract, the 4 following activities: 5 ‘‘(1) Providing technical assistance to Native 6 Hawaiian organizations that are grantees or poten- 7 tial grantees under this subpart. 8 ‘‘(2) Obtaining from such grantees information 9 and data regarding grants awarded under this sub- 10 part, including information and data about— 11 ‘‘(A) the effectiveness of such grantees in 12 meeting the educational priorities recommended 13 by the Education Council under subsection 14 (e)(1)(B), using metrics consistent with such 15 priorities; and 16 ‘‘(B) the effectiveness of such grantees in 17 carrying out any of the activities described in 18 section 7205(c) that are related to the specific 19 goals and purposes of each grantee’s grant 20 project, using metrics consistent with such 21 goals and purposes. 22 ‘‘(3) Assessing and defining the educational 23 needs of Native Hawaiians. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00945 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 946 •S 1094 IS ‘‘(4) Assessing the programs and services avail- 1 able to address the educational needs of Native Ha- 2 waiians. 3 ‘‘(5) Assessing and evaluating the individual 4 and aggregate impact achieved by grantees under 5 this subpart in improving Native Hawaiian edu- 6 cational performance and meeting the goals of this 7 subpart. 8 ‘‘(6) Providing direction and guidance, through 9 the issuance of reports and recommendations, to ap- 10 propriate Federal, State, and local agencies in order 11 to focus and improve the use of resources, including 12 resources made available under this subpart, relating 13 to Native Hawaiian student education, and serve, 14 where appropriate, in an advisory capacity. 15 ‘‘(7) Hiring an executive director to enable the 16 Commission to carry out the activities described in 17 this subsection. 18 ‘‘(d) USE OF FUNDS FOR COMMUNITY CONSULTA- 19 TIONS.—The Education Council shall use funds made 20 available through the grant under this section to hold not 21 less than 1 community consultation each year on each of 22 the Islands of Hawaii, Maui, Molokai, Lanai, Oahu, and 23 Kauai, at which— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00946 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 947 •S 1094 IS ‘‘(1) not less than 3 members of the Education 1 Council shall be in attendance; 2 ‘‘(2) the Education Council shall gather com- 3 munity input regarding— 4 ‘‘(A) entities that are, at the time of the 5 community consultation, receiving a grant 6 under this subpart; 7 ‘‘(B) priorities and needs; and 8 ‘‘(C) other Native Hawaiian educational 9 issues; and 10 ‘‘(3) the Education Council shall report to the 11 community on the outcomes of the grants awarded 12 under this subpart. 13 ‘‘(e) REPORTS.— 14 ‘‘(1) ANNUAL EDUCATION COUNCIL REPORT.— 15 The Education Council shall use funds made avail- 16 able through the grant under this section to prepare 17 and submit to the Secretary, before the end of each 18 calendar year, annual reports that contain— 19 ‘‘(A) a description of the activities of the 20 Education Council during the preceding cal- 21 endar year; 22 ‘‘(B) recommendations of the Education 23 Council, if any, regarding priorities to be estab- 24 lished under section 7205(b); 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00947 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 948 •S 1094 IS ‘‘(C) significant barriers to achieving the 1 goals under this subpart; 2 ‘‘(D) a summary of each community con- 3 sultation session, as described in subsection (d); 4 and 5 ‘‘(E) recommendations to establish funding 6 priorities based on an assessment of— 7 ‘‘(i) the educational needs of Native 8 Hawaiians; 9 ‘‘(ii) programs and services currently 10 available to address such needs, including 11 the effectiveness of such programs in im- 12 proving educational performance of Native 13 Hawaiians; and 14 ‘‘(iii) priorities for funding in specific 15 geographic communities. 16 ‘‘(2) REPORT BY THE SECRETARY.—Not later 17 than 2 years after the date of enactment of the 18 Strengthening America’s Schools Act of 2013, the 19 Secretary shall prepare and submit to the Com- 20 mittee on Indian Affairs of the Senate and the au- 21 thorizing committees a report that— 22 ‘‘(A) summarizes the annual reports of the 23 Education Council; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00948 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 949 •S 1094 IS ‘‘(B) describes the allocation and use of 1 funds under this subpart and the information 2 gathered since the first annual report submitted 3 by the Education Council to the Secretary 4 under this section; and 5 ‘‘(C) contains recommendations for 6 changes in Federal, State, and local policy to 7 advance the purposes of this subpart.’’. 8 SEC. 7205. PROGRAM AUTHORIZED. 9 Section 7205 (20 U.S.C. 7515) is amended to read 10 as follows: 11 ‘‘SEC. 7205. PROGRAM AUTHORIZED. 12 ‘‘(a) GRANTS AND CONTRACTS.—In order to carry 13 out programs that meet the purposes of this subpart, the 14 Secretary is authorized to award grants to, or enter into 15 contracts with— 16 ‘‘(1) Native Hawaiian educational organiza- 17 tions; 18 ‘‘(2) Native Hawaiian community-based organi- 19 zations; 20 ‘‘(3) public and private nonprofit organizations, 21 agencies, and institutions with experience in success- 22 fully developing or operating Native Hawaiian edu- 23 cation and workforce development programs or pro- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00949 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 950 •S 1094 IS grams of instruction in the Native Hawaiian lan- 1 guage; 2 ‘‘(4) charter schools; and 3 ‘‘(5) consortia of the organizations, agencies, 4 institutions, and schools described in paragraphs (1) 5 through (4). 6 ‘‘(b) PRIORITY.—In awarding grants and entering 7 into contracts under this subpart, the Secretary shall give 8 priority to— 9 ‘‘(1) programs that meet the educational prior- 10 ities recommended by the Education Council under 11 section 7204(e)(1)(B); 12 ‘‘(2) programs designed to improve the aca- 13 demic achievement of Native Hawaiian students by 14 meeting their unique cultural and linguistic needs in 15 order to help such students meet college and career 16 ready academic standards adopted under section 17 1111(a)(1); and 18 ‘‘(3) programs in which a State educational 19 agency, local educational agency, institution of high- 20 er education, or a State educational agency or local 21 educational agency in partnership with an institution 22 of higher education apply for a grant or contract 23 under this subpart as part of a partnership or con- 24 sortium. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00950 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 951 •S 1094 IS ‘‘(c) AUTHORIZED ACTIVITIES.—Activities provided 1 through programs carried out under this subpart may in- 2 clude— 3 ‘‘(1) the development and maintenance of a 4 statewide Native Hawaiian early childhood education 5 system to provide a continuum of high-quality serv- 6 ices for Native Hawaiian children from the prenatal 7 period through the age of kindergarten entry; 8 ‘‘(2) the operation of family-based education 9 centers that provide such services as— 10 ‘‘(A) programs for Native Hawaiian par- 11 ents and their infants from the prenatal period 12 of infancy through age 3; 13 ‘‘(B) preschool programs for Native Ha- 14 waiian children; and 15 ‘‘(C) research on, and development and as- 16 sessment of, family-based early childhood edu- 17 cation programs for Native Hawaiians; 18 ‘‘(3) activities that enhance beginning reading 19 and literacy in either the Hawaiian or the English 20 language among Native Hawaiian students in kin- 21 dergarten through grade 3 and assistance in ad- 22 dressing the distinct features of combined English 23 and Hawaiian literacy for Hawaiian speakers in 24 grades 5 and 6; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00951 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 952 •S 1094 IS ‘‘(4) activities to meet the special needs of Na- 1 tive Hawaiian students with disabilities, including— 2 ‘‘(A) the identification of such students 3 and their needs; 4 ‘‘(B) the provision of support services to 5 the families of those students; and 6 ‘‘(C) other activities consistent with the re- 7 quirements of the Individuals with Disabilities 8 Education Act; 9 ‘‘(5) activities that address the special needs of 10 Native Hawaiian students who are gifted and tal- 11 ented, including— 12 ‘‘(A) educational, psychological, social, 13 emotional, and developmental activities designed 14 to assist in the educational progress of such 15 students; and 16 ‘‘(B) activities that involve the parents of 17 such students in a manner designed to assist in 18 the students’ educational progress; 19 ‘‘(6) the development of academic and career 20 and technical curricula to address the needs of Na- 21 tive Hawaiian children, youth, and adults, including 22 curricula materials in the Hawaiian language and 23 mathematics, science, engineering, and technology 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00952 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 953 •S 1094 IS curricula that incorporate Native Hawaiian tradition 1 and culture; 2 ‘‘(7) professional development activities for edu- 3 cators, including— 4 ‘‘(A) the development of programs to pre- 5 pare prospective teachers to address the unique 6 needs of Native Hawaiian students within the 7 context of Native Hawaiian culture, language, 8 and traditions; 9 ‘‘(B) in-service programs to improve the 10 ability of teachers who teach in schools with 11 concentrations of Native Hawaiian students to 12 meet those students’ unique needs; and 13 ‘‘(C) the recruitment and preparation of 14 Native Hawaiian individuals, and other individ- 15 uals who live in communities with a high con- 16 centration of Native Hawaiians, to become 17 teachers or leaders; 18 ‘‘(8) the operation of community-based learning 19 centers that address the needs of Native Hawaiian 20 families and communities through the coordination 21 of public and private programs and services, includ- 22 ing— 23 ‘‘(A) early childhood education programs, 24 including preschool programs; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00953 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 954 •S 1094 IS ‘‘(B) before- and after-school programs 1 and weekend academies; 2 ‘‘(C) career and technical and adult edu- 3 cation programs; and 4 ‘‘(D) programs that recognize and support 5 the unique cultural and educational needs of 6 Native Hawaiian children and youth and incor- 7 porate appropriately qualified Native Hawaiian 8 elders and seniors; 9 ‘‘(9) activities, including program co-location, to 10 enable Native Hawaiian individuals to enter and 11 complete programs of postsecondary education, in- 12 cluding— 13 ‘‘(A) the provision of full or partial schol- 14 arships for undergraduate or graduate study 15 that are awarded to students based on their 16 academic promise and financial need, with a 17 priority, at the graduate level, given to Native 18 Hawaiian students entering professions in 19 which Native Hawaiians are underrepresented; 20 ‘‘(B) family literacy activities; 21 ‘‘(C) counseling and support services for 22 students receiving scholarship assistance; 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00954 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 955 •S 1094 IS ‘‘(D) counseling and guidance for Native 1 Hawaiian secondary school students who have 2 the potential to receive scholarships; 3 ‘‘(E) assistance with completing the higher 4 education admissions and financial aid applica- 5 tion process; and 6 ‘‘(F) faculty development activities de- 7 signed to promote the matriculation of Native 8 Hawaiian students; 9 ‘‘(10) activities that recognize and support the 10 unique needs of Native Hawaiian youth regarding 11 the completion of quality workforce preparation and 12 training programs and activities, including appren- 13 ticeship programs; 14 ‘‘(11) research and data collection activities to 15 determine the educational status and needs of Na- 16 tive Hawaiian children and youth; 17 ‘‘(12) other research and evaluation activities 18 related to programs carried out under this subpart; 19 and 20 ‘‘(13) other activities, consistent with the pur- 21 poses of this subpart, to meet the educational needs 22 of Native Hawaiian children and youth. 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00955 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 956 •S 1094 IS ‘‘(d) ADDITIONAL ACTIVITIES.—From funds made 1 available to carry out this subpart, the Secretary shall sup- 2 port the following: 3 ‘‘(1) The development of a body of Native Ha- 4 waiian law. 5 ‘‘(2) The repair and renovation of public 6 schools that serve high concentrations of Native Ha- 7 waiian students. 8 ‘‘(3) Informal education programs that present 9 traditional Hawaiian knowledge, science, astronomy, 10 and the environment through State museums or 11 learning centers. 12 ‘‘(4) Public charter schools serving high con- 13 centrations of Native Hawaiian students. 14 ‘‘(5) The perpetuation of, and expansion of ac- 15 cess to, Hawaiian culture and history through digital 16 archives. 17 ‘‘(e) SPECIAL RULE AND CONDITIONS.— 18 ‘‘(1) INSTITUTIONS OUTSIDE HAWAII.—The 19 Secretary may not establish a policy under this sec- 20 tion that prevents a Native Hawaiian student en- 21 rolled at a 2- or 4-year degree-granting institution 22 of higher education outside of the State of Hawaii 23 from receiving a scholarship pursuant to subsection 24 (c)(9)(A). 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00956 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 957 •S 1094 IS ‘‘(2) SCHOLARSHIP CONDITIONS.—The Sec- 1 retary shall establish conditions for receipt of a 2 scholarship awarded under subsection (c)(9)(A). The 3 conditions shall require that an individual seeking 4 such a scholarship enter into a contract to provide 5 professional services, either during the scholarship 6 period or upon completion of a program of postsec- 7 ondary education, to the Native Hawaiian commu- 8 nity. 9 ‘‘(f) TREATMENT OF FUNDS.— 10 ‘‘(1) IN GENERAL.—Except as provided in para- 11 graph (2), funds made available under this subpart 12 shall be used to supplement, and not supplant, any 13 State or local funds used to achieve the purposes of 14 this subpart. 15 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 16 apply to any nonprofit entity or Native Hawaiian 17 community-based organization that receives a grant 18 or other funds under this subpart. 19 ‘‘(g) ADMINISTRATIVE COSTS.— 20 ‘‘(1) IN GENERAL.—Except as provided in para- 21 graph (2), not more than 5 percent of funds pro- 22 vided to a recipient of a grant or contract under 23 subsection (a) for any fiscal year may be used for 24 administrative purposes. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00957 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 958 •S 1094 IS ‘‘(2) EXCEPTION.—Not more than 10 percent 1 of funds provided under subsection (a) for any fiscal 2 year to a nonprofit entity serving the Native Hawai- 3 ian community may be used for administrative pur- 4 poses. 5 ‘‘(h) RESERVATION; AVAILABILITY OF FUNDS.— 6 ‘‘(1) RESERVATION.—From the funds made 7 available to carry out this subpart, the Secretary 8 shall reserve, for each of fiscal years 2012 through 9 2017, not less than $500,000 for the Education 10 Council. 11 ‘‘(2) AVAILABILITY.—Funds made available to 12 carry out this subpart and funds reserved under this 13 subsection shall remain available until expended.’’. 14 SEC. 7206. ADMINISTRATIVE PROVISIONS. 15 Section 7206 (20 U.S.C. 7516) is amended to read 16 as follows: 17 ‘‘SEC. 7206. ADMINISTRATIVE PROVISIONS. 18 ‘‘(a) APPLICATION REQUIRED.— 19 ‘‘(1) IN GENERAL.—No grant may be made 20 under this subpart, and no contract may be entered 21 into under this subpart, unless the entity seeking the 22 grant or contract submits an application to the Sec- 23 retary at such time, in such manner, and containing 24 such information as the Secretary may determine to 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00958 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 959 •S 1094 IS be necessary to carry out the provisions of this sub- 1 part. 2 ‘‘(2) ACADEMIC PROJECTS.—Applications sub- 3 mitted under this subpart to carry out projects and 4 activities that are academic in nature shall de- 5 scribe— 6 ‘‘(A) the criteria that will be used to en- 7 sure that such projects and activities use evi- 8 dence-based strategies and methods; and 9 ‘‘(B) the process through which the appli- 10 cant will monitor and report such activities, in- 11 cluding the achievement of identified objectives. 12 ‘‘(b) APPLICATIONS TO EDUCATION COUNCIL.—The 13 Secretary shall provide to the Education Council a copy 14 of each grant or contract application submitted under this 15 subpart. 16 ‘‘(c) ANNUAL REPORT.— 17 ‘‘(1) IN GENERAL.—Each entity that receives a 18 grant under this subpart (except for section 7204) 19 shall submit to the Secretary an annual report, in 20 such form and containing such information as the 21 Secretary may require, that determines the extent to 22 which activities carried out with funds provided 23 under this subpart are effective in improving the 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00959 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 960 •S 1094 IS educational achievement of Native Hawaiian stu- 1 dents served by such funds. 2 ‘‘(2) CONTENT.—As a part of the information 3 reported under paragraph (1), each entity that re- 4 ceives a grant under this subpart shall provide data, 5 using information from the most recent year for 6 which data are available, on— 7 ‘‘(A) the academic achievement of the Na- 8 tive Hawaiian students the entity serves, as 9 measured by the State assessments required 10 under section 1111(a)(2) and the high school 11 graduation rates and institution of higher edu- 12 cation attendance rates of those students; and 13 ‘‘(B) such other measures as the Secretary 14 may prescribe.’’. 15 SEC. 7207. DEFINITIONS. 16 Section 7207 (20 U.S.C. 7517) is amended— 17 (1) in the matter preceding paragraph (1), by 18 striking ‘‘part’’ and inserting ‘‘subpart’’; 19 (2) by redesignating paragraphs (1) through 20 (6) as paragraphs (2) through (7), respectively; and 21 (3) by inserting before paragraph (2), as redes- 22 ignated by paragraph (2), the following: 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00960 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 961 •S 1094 IS ‘‘(1) COMMUNITY CONSULTATION.—The term 1 ‘community consultation’ means a public gath- 2 ering— 3 ‘‘(A) to discuss Native Hawaiian education 4 concerns; and 5 ‘‘(B) about which the public has been given 6 not less than 30 days notice.’’. 7 Subpart 2—Alaska Native Education 8 SEC. 7301. ALASKA NATIVE EDUCATION. 9 Subpart 2 of part B of title VII (20 U.S.C. 7541 10 et seq.), as amended by section 7201, is further amended 11 by striking sections 7301 through 7306 and inserting the 12 following: 13 ‘‘SEC. 7301. SHORT TITLE. 14 ‘‘This subpart may be cited as the ‘Alaska Native 15 Educational Equity, Support, and Assistance Act’. 16 ‘‘SEC. 7302. FINDINGS. 17 ‘‘Congress finds the following: 18 ‘‘(1) The attainment of educational success is 19 critical to the betterment of the conditions, long- 20 term well-being, and preservation of the culture and 21 languages of Alaska Natives. 22 ‘‘(2) It is the policy of the Federal Government 23 to encourage the maximum participation by Alaska 24 Natives in the planning and the management of 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00961 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 962 •S 1094 IS Alaska Native education programs and to support 1 efforts developed by and undertaken within the Alas- 2 ka Native community to improve educational oppor- 3 tunity for all students. 4 ‘‘(3) Alaska Native children enter and exit 5 school with serious educational handicaps. 6 ‘‘(4) The educational achievement of Alaska 7 Native children is far below national norms. Alaska 8 Native performance on standardized tests is low, 9 Alaska Native student dropout rates are high, Na- 10 tives are significantly underrepresented among hold- 11 ers of baccalaureate degrees in the State of Alaska, 12 and Alaska Natives are more likely than other Alas- 13 kans to be without access to employment. As a re- 14 sult, Alaska Native students are being denied their 15 opportunity to become full participants in society 16 and an entire generation is being condemned to an 17 underclass status and a life of limited choices. 18 ‘‘(5) The programs and activities authorized 19 under this subpart are essential if educational handi- 20 caps are to be overcome. 21 ‘‘(6) The sheer magnitude of the geographic 22 and other barriers to be overcome in delivering edu- 23 cational services in rural Alaska and Alaska villages 24 should be addressed through the development and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00962 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 963 •S 1094 IS implementation of innovative, model programs in a 1 variety of areas. 2 ‘‘(7) Alaska Native children should be afforded 3 the opportunity to begin their formal education on 4 a par with their non-Native peers. The Federal Gov- 5 ernment should lend support to efforts developed by 6 and undertaken within the Alaska Native community 7 to improve educational opportunity for all students. 8 ‘‘(8) In 1983, pursuant to Public Law 98–63 9 (97 Stat. 326), Alaska ceased to receive educational 10 funding from the Bureau of Indian Affairs. 11 ‘‘SEC. 7303. PURPOSES. 12 ‘‘The purposes of this subpart are as follows: 13 ‘‘(1) To address the critical need to meet the 14 unique educational needs of Alaska Natives. 15 ‘‘(2) To authorize the development and expan- 16 sion of effective supplemental educational programs 17 to benefit Alaska Natives. 18 ‘‘(3) To supplement existing programs and au- 19 thorities in the area of education to further the pur- 20 poses of this subpart. 21 ‘‘(4) To provide direction and guidance to ap- 22 propriate Federal, State, and local agencies to focus 23 resources, including resources made available under 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00963 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 964 •S 1094 IS this subpart, on meeting the educational needs of 1 Alaska Natives. 2 ‘‘(5) To ensure the maximum participation by 3 Alaska Natives in the planning and management of 4 programs designed to serve Alaska Natives. 5 ‘‘SEC. 7304. PROGRAM AUTHORIZED. 6 ‘‘(a) GENERAL AUTHORITY.— 7 ‘‘(1) GRANTS AND CONTRACTS.—The Secretary 8 is authorized to make grants to, or enter into con- 9 tracts with, the following entities in order to enable 10 such entities to carry out programs that meet the 11 purposes of this subpart: 12 ‘‘(A) Alaska Native organizations. 13 ‘‘(B) Educational entities with experience 14 in developing or operating Alaska Native pro- 15 grams or programs of instruction conducted in 16 Alaska Native languages. 17 ‘‘(C) Cultural and community-based orga- 18 nizations with experience in developing or oper- 19 ating programs to benefit the educational needs 20 of Alaska Natives. 21 ‘‘(D) Consortia of organizations and enti- 22 ties described in this paragraph. 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00964 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 965 •S 1094 IS ‘‘(2) PERMISSIBLE ACTIVITIES.—Activities pro- 1 vided through programs carried out under this sub- 2 part may include the following: 3 ‘‘(A) The development and implementation 4 of plans, methods, and strategies to improve the 5 education of Alaska Natives. 6 ‘‘(B) The development of curricula and 7 programs that address the educational needs of 8 Alaska Native students, including the following: 9 ‘‘(i) Curricula materials that reflect 10 the cultural diversity, languages, history, 11 or the contributions of Alaska Natives. 12 ‘‘(ii) Instructional programs that 13 make use of Alaska Native languages and 14 cultures. 15 ‘‘(iii) Networks that develop, test, and 16 disseminate best practices and introduce 17 successful programs, materials, and tech- 18 niques to meet the educational needs of 19 Alaska Native students in urban and rural 20 schools. 21 ‘‘(C) Training and professional develop- 22 ment activities for educators, including the fol- 23 lowing: 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00965 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 966 •S 1094 IS ‘‘(i) Pre-service and in-service training 1 and professional development programs to 2 prepare teachers to develop appreciation 3 for and understanding of Alaska Native 4 cultures, values, and ways of knowing and 5 learning in order to effectively address the 6 cultural diversity and unique needs of 7 Alaska Native students. 8 ‘‘(ii) The recruitment and preparation 9 of teachers who are Alaska Native. 10 ‘‘(iii) Programs that will lead to the 11 certification and licensing of Alaska Native 12 teachers, principals, and superintendents. 13 ‘‘(D) The development and operation of 14 home instruction programs for Alaska Native 15 preschool children, to ensure the active involve- 16 ment of parents in their children’s education 17 from the earliest ages. 18 ‘‘(E) Family literacy activities. 19 ‘‘(F) The development and operation of 20 student enrichment programs, including such 21 programs in science, technology, engineering, 22 and mathematics that— 23 ‘‘(i) are designed to prepare Alaska 24 Native students to excel in such subjects; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00966 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 967 •S 1094 IS ‘‘(ii) provide appropriate support serv- 1 ices to the families of such students that 2 are needed to enable such students to ben- 3 efit from the programs; and 4 ‘‘(iii) include activities that recognize 5 and support the unique cultural and edu- 6 cational needs of Alaska Native children, 7 and incorporate appropriately qualified 8 Alaska Native elders and other tradition 9 bearers. 10 ‘‘(G) Research and data collection activi- 11 ties to determine the educational status and 12 needs of Alaska Native children and adults. 13 ‘‘(H) Other research and evaluation activi- 14 ties related to programs carried out under this 15 subpart. 16 ‘‘(I) Remedial and enrichment programs to 17 assist Alaska Native students to be college or 18 career ready upon graduation from high school. 19 ‘‘(J) Parenting education for parents and 20 caregivers of Alaska Native children to improve 21 parenting and caregiving skills (including skills 22 relating to discipline and cognitive develop- 23 ment), including parenting education provided 24 through in-home visitation of new mothers. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00967 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 968 •S 1094 IS ‘‘(K) Culturally based education programs 1 designed and provided by an entity with dem- 2 onstrated experience in— 3 ‘‘(i) providing programs of study, both 4 on site and in local schools, to share the 5 rich and diverse cultures of Alaska Native 6 peoples among youth, elders, teachers, and 7 the larger community; 8 ‘‘(ii) instructing Alaska Native youth 9 in leadership, communication, Native cul- 10 ture, arts, and languages; 11 ‘‘(iii) increasing the high school grad- 12 uation rate of the Alaska Native students 13 who are served; 14 ‘‘(iv) providing instruction in Alaska 15 Native history and ways of living to stu- 16 dents and teachers in the local school dis- 17 trict; 18 ‘‘(v) providing intergenerational learn- 19 ing and internship opportunities to Alaska 20 Native youth and young adults; and 21 ‘‘(vi) providing cultural immersion ac- 22 tivities aimed at Alaska Native cultural 23 preservation. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00968 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 969 •S 1094 IS ‘‘(L) A statewide on-site exchange pro- 1 gram, for both students and teachers, involving 2 schools and culture camps that demonstrates 3 effectiveness in facilitating cultural relation- 4 ships between urban and rural Alaskans to 5 build mutual respect and understanding, and 6 foster a statewide sense of common identity 7 through host family, school, and community 8 cross-cultural immersion. Such a program 9 should be competitively awarded. 10 ‘‘(M) Activities carried out through Head 11 Start programs carried out under the Head 12 Start Act, including the training of teachers for 13 such programs. 14 ‘‘(N) Other early childhood education pro- 15 grams. 16 ‘‘(O) Education programs for at-risk urban 17 Alaska Native students in kindergarten through 18 grade 12 that are operated by tribes or tribal 19 organizations that have demonstrated experi- 20 ence in increasing graduation rates among such 21 students and that— 22 ‘‘(i) include a culturally informed cur- 23 riculum intended to preserve and promote 24 Alaska Native culture; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00969 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 970 •S 1094 IS ‘‘(ii) partner effectively with the local 1 educational agency by providing a school- 2 within-a school program model; 3 ‘‘(iii) provide high-quality academic 4 instruction, small classroom sizes, and so- 5 cial-emotional support for students from 6 elementary school through high school; 7 ‘‘(iv) work with parents to increase 8 parental involvement in their students’ 9 education; 10 ‘‘(v) have a proven track record of im- 11 proving academic proficiency and increas- 12 ing graduation rates; 13 ‘‘(vi) provide college preparation and 14 career planning; and 15 ‘‘(vii) incorporate a strong data collec- 16 tion and continuous evaluation component 17 at all levels of the program. 18 ‘‘(P) A statewide program that has dem- 19 onstrated effectiveness in providing technical 20 assistance and support to schools and commu- 21 nities in order to engage adults in promoting 22 the academic progress and overall well-being of 23 young people through strengths-based ap- 24 proaches to child and youth development, posi- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00970 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 971 •S 1094 IS tive youth-adult relationships, improved condi- 1 tions for learning (such as school climate and 2 student connection to school and community), 3 and increased connections between schools and 4 families. 5 ‘‘(Q) Career preparation activities to en- 6 able Alaska Native children and adults to pre- 7 pare for meaningful employment, including pro- 8 grams providing career and technical prepara- 9 tion, mentoring, training, and apprenticeship 10 activities. 11 ‘‘(R) The provision of operational support 12 and the purchase of equipment to develop re- 13 gional career and technical schools in rural 14 areas of Alaska, including boarding schools, for 15 Alaska Native students in grades 9 through 12, 16 or at higher levels of education, to provide the 17 students with necessary resources to prepare for 18 skilled employment opportunities. 19 ‘‘(S) Other activities, consistent with the 20 purposes of this subpart, to meet the edu- 21 cational needs of Alaska Native children and 22 adults. 23 ‘‘(T) Regional leadership academies that 24 demonstrate effectiveness in building respect 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00971 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 972 •S 1094 IS and understanding and fostering a sense of 1 Alaska Native identity to promote Alaska Na- 2 tive students pursuit of, and success in, com- 3 pleting higher education or career training. 4 ‘‘(3) HOME INSTRUCTION PROGRAMS.—Home 5 instruction programs for Alaska Native preschool 6 children carried out under paragraph (2)(D) may in- 7 clude the following: 8 ‘‘(A) Programs for parents and their in- 9 fants, from the prenatal period of the infant 10 through age 3. 11 ‘‘(B) Preschool programs. 12 ‘‘(C) Training, education, and support for 13 parents in such areas as reading readiness, ob- 14 servation, story telling, and critical thinking. 15 ‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not 16 more than 5 percent of funds provided to a grantee under 17 this section for any fiscal year may be used for administra- 18 tive purposes. 19 ‘‘(c) PRIORITIES.—In awarding grants or contracts 20 to carry out activities described in this subpart, the Sec- 21 retary shall give priority to applications from Alaska Na- 22 tive regional nonprofit organizations, Alaska Native orga- 23 nizations, or consortia that include not less than 1 Alaska 24 Native regional nonprofit organization. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00972 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 973 •S 1094 IS ‘‘SEC. 7305. ADMINISTRATIVE PROVISIONS. 1 ‘‘(a) APPLICATION REQUIRED.—No grant may be 2 made under this subpart, and no contract may be entered 3 into under this subpart, unless the entity seeking the 4 grant or contract submits an application to the Secretary 5 in such form, in such manner, and containing such infor- 6 mation as the Secretary may determine necessary to carry 7 out the provisions of this subpart. 8 ‘‘(b) APPLICATIONS.—A State educational agency or 9 local educational agency may apply for an award under 10 this subpart only as part of a consortium involving an 11 Alaska Native organization. The consortium may include 12 other eligible applicants. 13 ‘‘(c) CONSULTATION REQUIRED.—Each applicant for 14 an award under this subpart shall provide for ongoing ad- 15 vice from and consultation with representatives of the 16 Alaska Native community. 17 ‘‘(d) LOCAL EDUCATIONAL AGENCY COORDINA- 18 TION.—Each entity that applies for an award under this 19 subpart shall inform each local educational agency that 20 serves students who would participate in the program that 21 such entity plans to carry out under the grant or contract 22 about the application described in subsection (a). 23 ‘‘SEC. 7306. DEFINITIONS. 24 ‘‘In this subpart: 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00973 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 974 •S 1094 IS ‘‘(1) ALASKA NATIVE.—The term ‘Alaska Na- 1 tive’ has the same meaning as the term ‘Native’ has 2 in section 3(b) of the Alaska Native Claims Settle- 3 ment Act (43 U.S.C. 1602(b)). 4 ‘‘(2) ALASKA NATIVE ORGANIZATION.—The 5 term ‘Alaska Native organization’ means a federally 6 recognized tribe, a consortium of tribes, a regional 7 nonprofit Alaska Native association, or another or- 8 ganization, that— 9 ‘‘(A) has or commits to acquire expertise 10 in the education of Alaska Natives; and 11 ‘‘(B) has Alaska Natives in substantive 12 and policymaking positions within the tribe, 13 consortium, association, or organization.’’. 14 TITLE VIII—IMPACT AID 15 SEC. 8001. PURPOSE. 16 Section 8001 (20 U.S.C. 7701) is amended, in the 17 matter preceding paragraph (1), by striking ‘‘challenging 18 State standards’’ and inserting ‘‘college and career ready 19 State academic content and student academic achievement 20 standards under section 1111(a)(1)’’. 21 SEC. 8002. PAYMENTS RELATING TO FEDERAL ACQUISI- 22 TION OF REAL PROPERTY. 23 (a) AMENDMENTS.—Section 8002 (20 U.S.C. 7702) 24 is amended— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00974 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 975 •S 1094 IS (1) in subsection (b)(1)(B), by striking 1 ‘‘8014(a)’’ and inserting ‘‘3(aa)(1)’’; 2 (2) in subsection (f)— 3 (A) by aligning the margins of paragraphs 4 (2) and (3) with the margins of paragraph (1); 5 and 6 (B) by striking paragraphs (4) and (5); 7 (3) by striking subsection (g) and inserting the 8 following: 9 ‘‘(g) FORMER DISTRICTS.— 10 ‘‘(1) CONSOLIDATIONS.—For fiscal year 2006 11 and all succeeding fiscal years, if a local educational 12 agency described in paragraph (2) is formed at any 13 time after 1938 by the consolidation of 2 or more 14 former school districts, the local educational agency 15 may elect to have the Secretary determine its eligi- 16 bility and any amount for which the local edu- 17 cational agency is eligible under this section for any 18 fiscal year on the basis of 1 or more of those former 19 districts, as designated by the local educational 20 agency. 21 ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN- 22 CIES.—A local educational agency referred to in 23 paragraph (1) is— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00975 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 976 •S 1094 IS ‘‘(A) any local educational agency that, for 1 fiscal year 1994 or any preceding fiscal year, 2 applied, and was determined to be eligible 3 under section 2(c) of the Act of September 30, 4 1950 (Public Law 874, 81st Congress) as the 5 section was in effect for that fiscal year; or 6 ‘‘(B) a local educational agency formed by 7 the consolidation of 2 or more districts, at least 8 1 of which was eligible for assistance under this 9 section for the fiscal year preceding the year of 10 consolidation, if— 11 ‘‘(i) for fiscal years 2006 through 12 2013, the local educational agency had no- 13 tified the Secretary of the designation not 14 later than 30 days after the date of enact- 15 ment of the Strengthening America’s 16 Schools Act of 2013; and 17 ‘‘(ii) for fiscal year 2014, and any 18 subsequent fiscal year, the local edu- 19 cational agency includes the designation in 20 its application under section 8005 or any 21 timely amendment to such application. 22 ‘‘(3) AVAILABILITY OF FUNDS.—Notwith- 23 standing any other provision of law limiting the pe- 24 riod during which the Secretary may obligate funds 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00976 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 977 •S 1094 IS appropriated for any fiscal year after 2005, the Sec- 1 retary may obligate funds remaining after final pay- 2 ments have been made from any of such fiscal years 3 to carry out this subsection.’’; 4 (4) in subsection (h)— 5 (A) in the matter preceding paragraph (1), 6 by striking ‘‘8014(a)’’ and inserting ‘‘3(aa)(1)’’; 7 (B) in paragraph (1)(C), by striking 8 ‘‘8014(a)’’ and inserting ‘‘3(aa)(1)’’; and 9 (C) in paragraph (2)— 10 (i) in subparagraph (C)(ii), by strik- 11 ing ‘‘8014(a)’’ and inserting ‘‘3(aa)(1)’’; 12 and 13 (ii) in subparagraph (D), by striking 14 ‘‘8014(a) of this title’’ and inserting 15 ‘‘3(aa)(1)’’; 16 (5) by striking paragraph (1) of subsection (i) 17 and inserting the following: 18 ‘‘(1) IN GENERAL.—The calculation of the 19 foundation payment under subsection (h)(1)(B) for 20 a local educational agency described in paragraph 21 (2) of this subsection shall be equal to 90 percent 22 of the payment received in fiscal year 2005, for fis- 23 cal year 2009 and each succeeding fiscal year.’’; 24 (6) by striking subsections (k) and (m); 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00977 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 978 •S 1094 IS (7) by redesignating subsections (l) and (n) as 1 subsections (j) and (k), respectively; 2 (8) in subsection (j) (as redesignated by para- 3 graph (7)), in the matter preceding paragraph (1), 4 by striking ‘‘(h)(4)(B)’’ and inserting ‘‘(h)(3)’’; and 5 (9) by adding at the end the following: 6 ‘‘(l) RECORDS.—The Secretary may base a deter- 7 mination of eligibility under subsection (a)(1) on original 8 records (including facsimiles or other reproductions of 9 those records) documenting the assessed value of real 10 property, prepared by a legally authorized official as of 11 the time of the Federal acquisition, or other records that 12 the Secretary determines to be appropriate and reliable, 13 including Federal agency records or local historical 14 records.’’. 15 (b) EFFECTIVE DATE.—Notwithstanding section 16 5(d), this section, and the amendments made by this sec- 17 tion, shall take effect with respect to applications sub- 18 mitted under section 8002 of the Elementary and Sec- 19 ondary Education Act of 1965 on or after the date of en- 20 actment of this Act. 21 SEC. 8003. PAYMENTS FOR ELIGIBLE FEDERALLY CON- 22 NECTED CHILDREN. 23 Section 8003 (20 U.S.C. 7703) is amended— 24 (1) in subsection (a)— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00978 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 979 •S 1094 IS (A) in paragraph (1), in the matter pre- 1 ceding subparagraph (A), by inserting after ‘‘of 2 such agency’’ the following: ‘‘(including those 3 children enrolled in a State that has a State 4 open enrollment policy but not including chil- 5 dren enrolled in a distance learning program 6 who are not residing within the geographic 7 boundaries of the agency)’’; and 8 (B) in paragraph (5)(A), by inserting after 9 ‘‘1984,’’ the following: ‘‘or under lease of off- 10 base property under subchapter IV of chapter 11 169 of title 10, United States Code (10 U.S.C. 12 2871 et seq.), to be children described in para- 13 graph (1)(B) if the property described is within 14 the fenced security perimeter of the military fa- 15 cility or is attached to, and under any type of 16 force protection agreement with, the military in- 17 stallation where such housing is situated,’’; 18 (2) in subsection (b)— 19 (A) in each of paragraphs (1)(A) and 20 (2)(A)(i), by striking ‘‘8014(b)’’ and inserting 21 ‘‘3(aa)(2)’’; 22 (B) in paragraph (2)— 23 (i) in subparagraph (B)— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00979 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 980 •S 1094 IS (I) in the subparagraph heading, 1 by striking ‘‘CONTINUING’’; 2 (II) by striking clauses (i) and 3 (ii) and inserting the following: 4 ‘‘(i) IN GENERAL.—A heavily im- 5 pacted local educational agency is eligible 6 to receive a basic support payment under 7 subparagraph (A) with respect to a num- 8 ber of children determined under sub- 9 section (a)(1) if the agency— 10 ‘‘(I) is a local educational agency 11 whose boundaries are the same as a 12 Federal military installation, or whose 13 boundaries are the same as island 14 property designated by the Secretary 15 of the Interior to be property that is 16 held in trust by the Federal Govern- 17 ment, and that has no taxing author- 18 ity; 19 ‘‘(II) is a local educational agen- 20 cy that— 21 ‘‘(aa) has an enrollment of 22 children described in subsection 23 (a)(1) that constitutes a percent- 24 age of the total student enroll- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00980 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 981 •S 1094 IS ment of the agency that is not 1 less than 45 percent; 2 ‘‘(bb) has a per-pupil ex- 3 penditure that is less than— 4 ‘‘(AA) for an agency 5 that has a total student en- 6 rollment of 500 or more stu- 7 dents, 125 percent of the av- 8 erage per-pupil expenditure 9 of the State in which the 10 agency is located; or 11 ‘‘(BB) for an agency 12 that has a total student en- 13 rollment of less than 500 14 students, 150 percent of the 15 average per-pupil expendi- 16 ture of the State in which 17 the agency is located, or the 18 average per-pupil expendi- 19 ture of 3 or more com- 20 parable local educational 21 agencies in the State in 22 which the agency is located; 23 and 24 ‘‘(cc) is an agency that— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00981 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 982 •S 1094 IS ‘‘(AA) has a tax rate 1 for general fund purposes 2 that is not less than 95 per- 3 cent of the average tax rate 4 for general fund purposes of 5 comparable local educational 6 agencies in the State; or 7 ‘‘(BB) was eligible to 8 receive a payment under this 9 subsection for fiscal year 10 2012 and is located in a 11 State that by State law has 12 eliminated ad valorem tax as 13 a revenue source for local 14 educational agencies; 15 ‘‘(III) is a local educational agen- 16 cy that has an enrollment of children 17 described in subsection (a)(1) that 18 constitutes a percentage of the total 19 student enrollment of the agency 20 which is not less than 30 percent, and 21 has a tax rate for general fund pur- 22 poses which is not less than 125 per- 23 cent of the average tax rate for gen- 24 eral fund purposes for comparable 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00982 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 983 •S 1094 IS local educational agencies in the 1 State; or 2 ‘‘(IV) is a local educational agen- 3 cy that has a total student enrollment 4 of not less than 25,000 students, of 5 which not less than 50 percent are 6 children described in subsection (a)(1) 7 and not less than 5,500 of such chil- 8 dren are children described in sub- 9 paragraphs (A) and (B) of subsection 10 (a)(1). 11 ‘‘(ii) LOSS OF ELIGIBILITY.— 12 ‘‘(I) IN GENERAL.—A heavily im- 13 pacted local educational agency that 14 met the requirements of clause (i) for 15 a fiscal year shall be ineligible to re- 16 ceive a basic support payment under 17 subparagraph (A) if the agency fails 18 to meet the requirements of such 19 clause for the subsequent fiscal year, 20 except that such agency shall continue 21 to receive a basic support payment 22 under this paragraph for the fiscal 23 year for which the ineligibility deter- 24 mination is made. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00983 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 984 •S 1094 IS ‘‘(II) EXCEPTION.—Notwith- 1 standing subclause (I) and clause (i), 2 a local educational agency that ob- 3 tains eligibility for a basic support 4 payment under subparagraph (A) by 5 meeting the requirements of clause 6 (i)(II) for a fiscal year and, for the 7 subsequent fiscal year, meets all of 8 the requirements of such clause except 9 for the requirement of item (cc) of 10 such clause, shall be eligible to receive 11 a basic support payment under sub- 12 paragraph (A). If, for the next subse- 13 quent fiscal year, such local edu- 14 cational agency again fails to meet the 15 requirement of such item (cc), the 16 local educational agency shall be ineli- 17 gible to receive a basic support pay- 18 ment under subparagraph (A), except 19 that such agency shall continue to re- 20 ceive a basic support payment under 21 this paragraph for the fiscal year for 22 which the ineligibility determination is 23 made.’’; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00984 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 985 •S 1094 IS (III) by adding at the end the 1 following: 2 ‘‘(iv) SPECIAL RULE.—Notwith- 3 standing clause (i)(II)(aa), a local edu- 4 cational agency shall be considered eligible 5 to receive a basic support payment under 6 subparagraph (A) with respect to the num- 7 ber of children determined under sub- 8 section (a)(1) for a fiscal year if the agen- 9 cy— 10 ‘‘(I) has an enrollment of chil- 11 dren described in subsection (a)(1), 12 including, for purposes of determining 13 eligibility, those children described in 14 subparagraphs (F) and (G) of such 15 subsection, that constitutes a percent- 16 age of the total student enrollment of 17 the agency that is not less than 35 18 percent; 19 ‘‘(II) was eligible to receive as- 20 sistance under this paragraph for fis- 21 cal year 2001; and 22 ‘‘(III) meets the requirements of 23 items (bb) and (cc) of clause (i)(II) 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00985 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 986 •S 1094 IS for the fiscal year for which the deter- 1 mination is being made. 2 ‘‘(v) APPLICATION.—With respect to 3 the first fiscal year for which a heavily im- 4 pacted local educational agency described 5 in clause (i) applies for a basic support 6 payment under subparagraph (A), or with 7 respect to the first fiscal year for which a 8 heavily impacted local educational agency 9 applies for a basic support payment under 10 subparagraph (A) after becoming ineligible 11 under clause (i) for 1 or more preceding 12 fiscal years, the agency shall apply for 13 such payment at least 1 year prior to the 14 start of that first fiscal year.’’; 15 (ii) by striking subparagraphs (C) and 16 (D) and inserting the following: 17 ‘‘(C) MAXIMUM AMOUNT FOR HEAVILY IM- 18 PACTED LOCAL EDUCATIONAL AGENCIES.— 19 ‘‘(i) IN GENERAL.—Except as pro- 20 vided for in subparagraph (D), the max- 21 imum amount that a heavily impacted local 22 educational agency is eligible to receive 23 under this paragraph for any fiscal year is 24 the sum of the total weighted student 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00986 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 987 •S 1094 IS units, as computed under subsection (a)(2) 1 and subject to clause (ii), multiplied by the 2 greater of— 3 ‘‘(I) four-fifths of the average 4 per-pupil expenditure of the State in 5 which the local educational agency is 6 located for the third fiscal year pre- 7 ceding the fiscal year for which the 8 determination is made; or 9 ‘‘(II) four-fifths of the average 10 per-pupil expenditure of all of the 11 States for the third fiscal year pre- 12 ceding the fiscal year for which the 13 determination is made. 14 ‘‘(ii) SPECIAL RULES.— 15 ‘‘(I) CALCULATIONS FOR LOCAL 16 EDUCATIONAL AGENCIES WITH LARGE 17 NUMBERS OF CERTAIN ELIGIBLE 18 CHILDREN.— 19 ‘‘(aa) IN GENERAL.—In the 20 case of a local educational agency 21 with respect to which 35 percent 22 or more of the total student en- 23 rollment of the schools of the 24 agency are children described in 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00987 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 988 •S 1094 IS subparagraph (D) or (E) of sub- 1 section (a)(1), and that has an 2 enrollment of children described 3 in subparagraph (A), (B), or (C) 4 of such subsection equal to at 5 least 10 percent of the agency’s 6 total enrollment, the Secretary 7 shall calculate the weighted stu- 8 dent units of the children de- 9 scribed in subparagraph (D) or 10 (E) of such subsection by multi- 11 plying the number of such chil- 12 dren by a factor of 0.55. 13 ‘‘(bb) EXCEPTION.—Not- 14 withstanding subclause (I), any 15 local educational agency that re- 16 ceived a payment under this 17 clause for fiscal year 2006, shall 18 not be required to have an enroll- 19 ment of children described in 20 subparagraph (A), (B), or (C) of 21 subsection (a)(1) equal to at least 22 10 percent of the agency’s total 23 enrollment for purposes of sub- 24 clause (I). 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00988 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 989 •S 1094 IS ‘‘(II) CALCULATIONS FOR LOCAL 1 EDUCATIONAL AGENCIES WITH SMALL 2 NUMBERS OF ELIGIBLE CHILDREN.— 3 For a local educational agency that 4 has an enrollment of 100 or fewer 5 children described in subsection 6 (a)(1), the Secretary shall calculate 7 the total number of weighted student 8 units for purposes of subsection (a)(2) 9 by multiplying the number of such 10 children by a factor of 1.75. 11 ‘‘(III) CALCULATIONS FOR CER- 12 TAIN OTHER LOCAL EDUCATIONAL 13 AGENCIES.—For a local educational 14 agency that does not qualify under 15 paragraph (2)(B)(i)(I) and has an en- 16 rollment of more than 100 but not 17 more than 1,000 children described in 18 subsection (a)(1), the Secretary shall 19 calculate the total number of weighted 20 student units for purposes of sub- 21 section (a)(2) by multiplying the num- 22 ber of such children by a factor of 23 1.25. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00989 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 990 •S 1094 IS ‘‘(D) MAXIMUM AMOUNT FOR LARGE 1 HEAVILY IMPACTED LOCAL EDUCATIONAL 2 AGENCIES.— 3 ‘‘(i) APPLICABLE FORMULA.— 4 ‘‘(I) IN GENERAL.—Subject to 5 clause (ii), the maximum amount that 6 a heavily impacted local educational 7 agency described in subclause (II) is 8 eligible to receive under this para- 9 graph for any fiscal year shall be de- 10 termined in accordance with the for- 11 mula described in paragraph (1)(C). 12 ‘‘(II) LARGE HEAVILY IMPACTED 13 LOCAL EDUCATIONAL AGENCIES.—A 14 heavily impacted local educational 15 agency described in this subclause is a 16 local educational agency that has a 17 total student enrollment of not less 18 than 25,000 students, of which not 19 less than 50 percent are children de- 20 scribed in subsection (a)(1) and not 21 less than 5,500 of such children are 22 children described in subparagraphs 23 (A) and (B) of subsection (a)(1). 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00990 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 991 •S 1094 IS ‘‘(ii) FACTOR.—For purposes of calcu- 1 lating the maximum amount described in 2 clause (i), the factor used in determining 3 the weighted student units under sub- 4 section (a)(2) with respect to children de- 5 scribed in subparagraphs (A) and (B) of 6 subsection (a)(1) shall be 1.35.’’; 7 (iii) by striking subparagraph (E); 8 (iv) by redesignating subparagraphs 9 (F) through (H) as subparagraph (E) 10 through (G), respectively; 11 (v) in subparagraph (E) (as redesig- 12 nated by clause (iv))— 13 (I) by striking clause (ii); 14 (II) by striking ‘‘; and’’ at the 15 end of clause (i) and inserting a pe- 16 riod; and 17 (III) by striking ‘‘the Secretary’’ 18 and all that follows through ‘‘shall 19 use’’ and inserting ‘‘the Secretary 20 shall use’’; 21 (vi) in subparagraph (F) (as redesig- 22 nated by clause (iv)), in the matter pre- 23 ceding clause (i), by striking 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00991 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 992 •S 1094 IS ‘‘(C)(i)(II)(bb)’’ and inserting 1 ‘‘(B)(i)(II)(bb)’’; 2 (vii) in subparagraph (G) (as redesig- 3 nated by clause (iv))— 4 (I) in clause (i)— 5 (aa) by striking ‘‘(B), (C), 6 (D), or (E),’’, and inserting ‘‘(B), 7 (C), or (D),’’; 8 (bb) by striking ‘‘by reason 9 of’’ and inserting ‘‘due to’’; 10 (cc) by inserting after 11 ‘‘clause (iii)’’ the following: ‘‘or 12 as the direct result of base re- 13 alignment and closure or 14 modularization as determined by 15 the Secretary of Defense, force 16 structure change, or force reloca- 17 tion,’’; and 18 (dd) by inserting before the 19 period at the end the following: 20 ‘‘or during such time as activities 21 associated with base realignment 22 and closure, modularization, force 23 structure change, or force reloca- 24 tion are ongoing’’; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00992 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 993 •S 1094 IS (II) in clause (ii), by striking 1 ‘‘(D) or (E)’’ in both places such term 2 appears and inserting ‘‘(C) or (D)’’; 3 and 4 (viii) by adding at the end the fol- 5 lowing: 6 ‘‘(H) SPECIAL RULE.—The Secretary 7 shall— 8 ‘‘(i) deem each local educational agen- 9 cy that received a fiscal year 2009 basic 10 support payment for heavily impacted local 11 educational agencies under this paragraph 12 as eligible to receive a basic support pay- 13 ment for heavily impacted local educational 14 agencies under this paragraph for each of 15 fiscal years 2011, 2012, 2013, and 2014; 16 and 17 ‘‘(ii) make a payment to such local 18 educational agency under such section for 19 each of fiscal years 2011, 2012, 2013, and 20 2014. 21 ‘‘(I) CONTINUED ELIGIBILITY FOR A HEAV- 22 ILY IMPACTED LOCAL EDUCATIONAL AGENCY 23 ENTERING INTO AN INTERGOVERNMENTAL CO- 24 OPERATIVE AGREEMENT WITH A STATE EDU- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00993 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 994 •S 1094 IS CATIONAL AGENCY.—For any fiscal year, a 1 heavily impacted local educational agency that 2 received a basic support payment under this 3 paragraph for the fiscal year prior to the fiscal 4 year for which such local educational agency en- 5 tered into an intergovernmental cooperative 6 agreement with a State educational agency shall 7 remain eligible to receive a basic support pay- 8 ment under this paragraph for the duration of 9 the intergovernmental cooperative agreement, 10 but in no case for more than 5 years.’’; and 11 (C) in paragraph (3)— 12 (i) in subparagraph (A), by striking 13 ‘‘8014(b)’’ and inserting ‘‘3(aa)(2)’’; 14 (ii) in subparagraph (B)— 15 (I) by redesignating clause (iv) as 16 clause (v); and 17 (II) by inserting after clause (iii) 18 the following: 19 ‘‘(iv) In the case of a local educational 20 agency that is providing a program of dis- 21 tance learning to children not residing 22 within the geographic boundaries of the 23 agency, the Secretary shall disregard such 24 children from such agency’s total enroll- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00994 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 995 •S 1094 IS ment when calculating the percentage 1 under clause (i)(I) and shall disregard any 2 funds received for such children when cal- 3 culating the total current expenditures at- 4 tributed to the operation of such agency 5 when calculating the percentage under 6 clause (i)(II).’’; 7 (iii) in subparagraph (C), by striking 8 ‘‘subparagraph (D) or (E) of paragraph 9 (2), as the case may be’’ and inserting 10 ‘‘paragraph (2)(D)’’; and 11 (iv) by striking subparagraph (D) and 12 inserting the following: 13 ‘‘(D) RATABLE DISTRIBUTION.— 14 ‘‘(i) IN GENERAL.—For each fiscal 15 year described in subparagraph (A) for 16 which the sums appropriated under section 17 3(aa)(2) exceed the amount required to 18 pay each local educational agency 100 per- 19 cent of the local educational agency’s 20 threshold payment under subparagraph 21 (B) or (C), the Secretary shall distribute 22 such excess sums to each eligible local edu- 23 cational agency that has not received the 24 agency’s maximum payment amount com- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00995 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 996 •S 1094 IS puted under paragraph (1) or (2) (as the 1 case may be) by multiplying— 2 ‘‘(I) a percentage, the denomi- 3 nator of which is the difference be- 4 tween the maximum payment amount 5 computed under paragraph (1) or (2) 6 (as the case may be) for all local edu- 7 cational agencies and the amount of 8 the threshold payment (as calculated 9 under subparagraphs (B) and (C)) of 10 all local educational agencies, and the 11 numerator of which is the aggregate 12 amount of funds appropriated under 13 section 3(aa)(2) that exceeds the 14 amount of such threshold payments 15 for all local educational agencies; by 16 ‘‘(II) the difference between the 17 maximum payment amount computed 18 under paragraph (1) or (2) (as the 19 case may be) for the agency and the 20 amount of the threshold payment as 21 calculated under subparagraphs (B) 22 and (C) for the agency. 23 ‘‘(ii) INSUFFICIENT PAYMENTS.—For 24 each fiscal year described in subparagraph 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00996 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 997 •S 1094 IS (A) for which the sums appropriated under 1 section 3(aa)(2) are insufficient to pay 2 each local educational agency all of the 3 local educational agency’s threshold pay- 4 ment described in clause (i), the Secretary 5 shall ratably reduce the payment to each 6 local educational agency under this para- 7 graph. 8 ‘‘(iii) INCREASES.—If the sums appro- 9 priated under section 3(aa)(2) are suffi- 10 cient to increase the threshold payment 11 above the 100 percent threshold payment 12 described in clause (i), then the Secretary 13 shall increase payments on the same basis 14 as such payments were reduced, except no 15 local educational agency may receive a pay- 16 ment amount greater than 100 percent of 17 the maximum payment calculated under 18 this subsection.’’; 19 (3) in subsection (c), by amending paragraph 20 (2) to read as follows: 21 ‘‘(2) EXCEPTION.—Calculation of payments for 22 a local educational agency shall be based on data 23 from the fiscal year for which the agency is making 24 an application for payment if such agency— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00997 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 998 •S 1094 IS ‘‘(A) is newly established by a State, for 1 the first year of operation of such agency only; 2 ‘‘(B) was eligible to receive a payment 3 under this section for the previous fiscal year 4 and has had an overall increase in enrollment 5 (as determined by the Secretary in consultation 6 with the Secretary of Defense, the Secretary of 7 Interior, or the heads of other Federal agen- 8 cies)— 9 ‘‘(i) of not less than 10 percent, or 10 100 students, of children described in— 11 ‘‘(I) subparagraph (A), (B), (C), 12 or (D) of subsection (a)(1); or 13 ‘‘(II) subparagraph (F) or (G) of 14 subsection (a)(1), but only to the ex- 15 tent such children are civilian depend- 16 ents of employees of the Department 17 of Defense or the Department of the 18 Interior; and 19 ‘‘(ii) that is the direct result of closure 20 or realignment of military installations 21 under the base closure process or the relo- 22 cation of members of the Armed Forces 23 and civilian employees of the Department 24 of Defense as part of force structure 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00998 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 999 •S 1094 IS changes or movements of units or per- 1 sonnel between military installations or be- 2 cause of actions initiated by the Secretary 3 of Interior or the head of another Federal 4 agency; or 5 ‘‘(C) was eligible to receive a payment 6 under this section for the previous fiscal year 7 and has had an overall increase in enrollment 8 (as determined by the Secretary)— 9 ‘‘(i) of not less than 10 percent of 10 children described in subsection (a)(1), or 11 not less than 100 of such children; and 12 ‘‘(ii) that is the direct result of the 13 closure of a local educational agency that 14 received a payment under paragraph (1) or 15 (2) of subsection (b) in the previous fiscal 16 year.’’; 17 (4) in subsection (d)(1), by striking ‘‘8014(c)’’ 18 and inserting ‘‘3(aa)(3)’’; 19 (5) in subsection (e)— 20 (A) by striking paragraphs (1) and (2) and 21 inserting the following: 22 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 23 the total amount the Secretary shall pay a local edu- 24 cational agency under subsection (b)— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00999 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1000 •S 1094 IS ‘‘(A) for fiscal year 2014, shall not be less 1 than 90 percent of the total amount that the 2 local educational agency received under para- 3 graphs (1) and (2) of subsection (b) for fiscal 4 year 2013; 5 ‘‘(B) for fiscal year 2015, shall not be less 6 than 85 percent of the total amount that the 7 local educational agency received under para- 8 graphs (1) and (2) of subsection (b) for fiscal 9 year 2013; and 10 ‘‘(C) for fiscal year 2016, shall not be less 11 than 80 percent of the total amount that the 12 local educational agency received under para- 13 graphs (1) and (2) of subsection (b) for fiscal 14 year 2013.’’; and 15 (B) by redesignating paragraph (3) as 16 paragraph (2); and 17 (6) by striking subsection (g). 18 SEC. 8004. CONSTRUCTION. 19 Section 8007 (20 U.S.C. 7707) is amended— 20 (1) by striking ‘‘8014(e)’’ each place the term 21 appears and inserting ‘‘3(aa)(4)’’; and 22 (2) in subsection (a)(2), by adding at the end 23 the following: 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01000 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1001 •S 1094 IS ‘‘(C) The agency is eligible under section 1 8003(b)(2) or is receiving a basic support pay- 2 ment under circumstances described in section 3 8003(b)(2)(B)(ii).’’. 4 SEC. 8005. FACILITIES. 5 Section 8008(a) (20 U.S.C. 7708(a)) is amended by 6 striking ‘‘8014(f)’’ and inserting ‘‘3(aa)(5)’’. 7 SEC. 8006. FEDERAL ADMINISTRATION. 8 Section 8010 (20 U.S.C. 7710) is amended— 9 (1) in subsection (c)(2)(E), by striking ‘‘under 10 section 8003(b)’’ and all that follows through the pe- 11 riod at the end and inserting ‘‘under this title.’’; and 12 (2) in subsection (d)(2), by striking ‘‘section 13 8014’’ and inserting ‘‘section 3(aa)’’. 14 SEC. 8007. DEFINITIONS. 15 Section 8013 (20 U.S.C. 7713) is amended— 16 (1) in paragraph (1), by striking ‘‘and Marine 17 Corps’’ and inserting ‘‘Marine Corps, and Coast 18 Guard’’; and 19 (2) in paragraph (5)(A)(iii)(II), by striking 20 ‘‘Stewart B. McKinney Homeless Assistance Act’’ 21 and inserting ‘‘McKinney-Vento Homeless Assist- 22 ance Act’’. 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01001 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1002 •S 1094 IS SEC. 8008. CONFORMING AMENDMENT. 1 Title VIII (20 U.S.C. 7701 et seq.) is amended by 2 striking section 8014. 3 SEC. 8009. ELIGIBILITY FOR IMPACT AID PAYMENT. 4 (a) LOCAL EDUCATIONAL AGENCIES.—Notwith- 5 standing section 8013(9) of the Elementary and Sec- 6 ondary Education Act of 1965 (20 U.S.C. 7713(9)), 7 North Chicago Community Unit School District 187, 8 North Shore District 112, and Township High School Dis- 9 trict 113 in Lake County, Illinois, and Glenview Public 10 School District 34 and Glenbrook High School District 11 225 in Cook County, Illinois, shall be considered local edu- 12 cational agencies as such term is used in, and for purposes 13 of, title VIII of such Act. 14 (b) COMPUTATION.—Notwithstanding any other pro- 15 vision of law, federally connected children (as determined 16 under section 8003(a) of the Elementary and Secondary 17 Education Act of 1965 (20 U.S.C. 7703(a))) who are in 18 attendance in the North Shore District 112, Township 19 High School District 113, Glenview Public School District 20 34, and Glenbrook High School District 225 described in 21 subsection (a), shall be considered to be in attendance in 22 the North Chicago Community Unit School District 187 23 described in subsection (a) for purposes of computing the 24 amount that the North Chicago Community Unit School 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01002 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1003 •S 1094 IS District 187 is eligible to receive under subsection (b) or 1 (d) of section 8003 of such Act if— 2 (1) such school districts have entered into an 3 agreement for such students to be so considered and 4 for the equitable apportionment among all such 5 school districts of any amount received by the North 6 Chicago Community Unit School District 187 under 7 such section; and 8 (2) any amount apportioned among all such 9 school districts pursuant to paragraph (1) is used by 10 such school districts only for the direct provision of 11 educational services. 12 SEC. 8010. REPEAL OF SUNSET UNDER THE NDAA AMEND- 13 MENTS TO IMPACT AID. 14 Section 563(c) of the National Defense Authorization 15 Act for Fiscal Year 2013 (Public Law 112–239) is amend- 16 ed— 17 (1) in the heading, by striking ‘‘, IMPLEMENTA- 18 TION, AND REPEAL’’ and inserting ‘‘AND IMPLEMEN- 19 TATION’’; 20 (2) in paragraph (1), by striking ‘‘for a 2-year 21 period’’; and 22 (3) by striking paragraph (4). 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01003 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1004 •S 1094 IS TITLE IX—GENERAL 1 PROVISIONS 2 SEC. 9101. DEFINITIONS. 3 (a) IN GENERAL.—Section 9101 (20 U.S.C. 7801) 4 is amended to read as follows: 5 ‘‘SEC. 9101. DEFINITIONS. 6 ‘‘Except as otherwise provided, in this Act: 7 ‘‘(1) ADJUSTED COHORT; ENTERING COHORT; 8 TRANSFERRED INTO; TRANSFERRED OUT.— 9 ‘‘(A) ADJUSTED COHORT.—Subject to 10 clauses (ii) and (iii) of subparagraph (D) and 11 subparagraphs (E) through (G), the term ‘ad- 12 justed cohort’ means the difference of— 13 ‘‘(i) the sum of— 14 ‘‘(I) the entering cohort; plus 15 ‘‘(II) any students that trans- 16 ferred into the cohort in any of grades 17 9 through 12; minus 18 ‘‘(ii) any students that are removed 19 from the cohort as described in subpara- 20 graph (E). 21 ‘‘(B) ENTERING COHORT.—The term ‘en- 22 tering cohort’, when used with respect to a sec- 23 ondary school, means the number of first-time 24 students in grade 9 enrolled in the secondary 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01004 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1005 •S 1094 IS school 1 month after the start of the secondary 1 school’s academic year. 2 ‘‘(C) TRANSFERRED INTO.—The term 3 ‘transferred into’, when used with respect to a 4 secondary school student, means a student 5 who— 6 ‘‘(i) was a first-time student in grade 7 9 during the same school year as the en- 8 tering cohort; and 9 ‘‘(ii) enrolls after the entering cohort 10 is calculated as described in subparagraph 11 (B). 12 ‘‘(D) TRANSFERRED OUT.— 13 ‘‘(i) IN GENERAL.—The term ‘trans- 14 ferred out’ when used with respect to a 15 secondary school student, means a student 16 who the secondary school or local edu- 17 cational agency has confirmed has trans- 18 ferred— 19 ‘‘(I) to another school from which 20 the student is expected to receive a 21 regular secondary school diploma; or 22 ‘‘(II) to another educational pro- 23 gram from which the student is ex- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01005 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1006 •S 1094 IS pected to receive a regular secondary 1 school diploma. 2 ‘‘(ii) CONFIRMATION REQUIRE- 3 MENTS.— 4 ‘‘(I) DOCUMENTATION RE- 5 QUIRED.—The confirmation of a stu- 6 dent’s transfer to another school or 7 educational program described in 8 clause (i) requires documentation 9 from the receiving school or program 10 that the student enrolled in the receiv- 11 ing school or program. 12 ‘‘(II) LACK OF CONFIRMATION.— 13 A student who was enrolled, but for 14 whom there is no confirmation of the 15 student having transferred out, shall 16 remain in the cohort as a nongraduate 17 for reporting and accountability pur- 18 poses under this Act. 19 ‘‘(iii) PROGRAMS NOT PROVIDING 20 CREDIT.—A student enrolled in a GED or 21 other alternative educational program that 22 does not issue or provide credit toward the 23 issuance of a regular secondary school di- 24 ploma shall not be considered transferred 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01006 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1007 •S 1094 IS out and shall remain in the adjusted co- 1 hort. 2 ‘‘(E) COHORT REMOVAL.—To remove a 3 student from a cohort, a school or local edu- 4 cational agency shall require documentation to 5 confirm that the student has transferred out, 6 emigrated to another country, or is deceased. 7 ‘‘(F) TREATMENT OF OTHER DEPARTURES 8 AND WITHDRAWALS.—A student who was re- 9 tained in a grade, enrolled in a GED program 10 or other program that provides a recognized 11 equivalent of a secondary school diploma, aged 12 out of a secondary school or secondary school 13 program, or left secondary school for any other 14 reason, including expulsion, shall not be consid- 15 ered transferred out, and shall remain in the 16 adjusted cohort. 17 ‘‘(G) SPECIAL RULE.—For secondary 18 schools that start after grade 9, the entering 19 cohort shall be calculated 1 month after the 20 start of the secondary school’s academic year in 21 the earliest secondary school grade at the sec- 22 ondary school. 23 ‘‘(2) ADVANCED PLACEMENT OR INTER- 24 NATIONAL BACCALAUREATE COURSE.—The term 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01007 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1008 •S 1094 IS ‘Advanced Placement or International Baccalaureate 1 course’ means— 2 ‘‘(A) a course of postsecondary-level in- 3 struction provided to middle school or sec- 4 ondary school students, terminating in an Ad- 5 vanced Placement or International Bacca- 6 laureate examination; or 7 ‘‘(B) another highly rigorous, evidence- 8 based, postsecondary preparatory program ter- 9 minating in— 10 ‘‘(i) an examination or courses that 11 are widely accepted for credit at institu- 12 tions of higher education; or 13 ‘‘(ii) another examination or courses 14 approved by the Secretary. 15 ‘‘(3) ADVANCED PLACEMENT OR INTER- 16 NATIONAL BACCALAUREATE EXAMINATION.—The 17 term ‘Advanced Placement or International Bacca- 18 laureate examination’ means an Advanced Place- 19 ment examination administered by the College 20 Board, an International Baccalaureate examination 21 administered by the International Baccalaureate Or- 22 ganization, or another such examination approved by 23 the Secretary. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01008 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1009 •S 1094 IS ‘‘(4) AUTHORIZING COMMITTEES.—The term 1 ‘authorizing committees’ means the Committee on 2 Education and the Workforce of the House of Rep- 3 resentatives and the Committee on Health, Edu- 4 cation, Labor, and Pensions of the Senate. 5 ‘‘(5) AVERAGE DAILY ATTENDANCE.— 6 ‘‘(A) IN GENERAL.—Except as provided 7 otherwise by State law or this paragraph, the 8 term ‘average daily attendance’ means— 9 ‘‘(i) the aggregate number of days of 10 attendance of all students during a school 11 year; divided by 12 ‘‘(ii) the number of days school is in 13 session during that year. 14 ‘‘(B) CONVERSION.—The Secretary shall 15 permit the conversion of average daily member- 16 ship (or other similar data) to average daily at- 17 tendance for local educational agencies in 18 States that provide State aid to local edu- 19 cational agencies on the basis of average daily 20 membership (or other similar data). 21 ‘‘(C) SPECIAL RULE.—If the local edu- 22 cational agency in which a child resides makes 23 a tuition or other payment for the free public 24 education of the child in a school served by an- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01009 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1010 •S 1094 IS other local educational agency, the Secretary 1 shall, for the purpose of this Act— 2 ‘‘(i) consider the child to be in attend- 3 ance at a school of the agency making the 4 payment; and 5 ‘‘(ii) not consider the child to be in at- 6 tendance at a school of the agency receiv- 7 ing the payment. 8 ‘‘(6) AVERAGE PER-PUPIL EXPENDITURE.—The 9 term ‘average per-pupil expenditure’ means, in the 10 case of a State or of the United States— 11 ‘‘(A) without regard to the source of 12 funds— 13 ‘‘(i) the aggregate current expendi- 14 tures, during the most recent fiscal year 15 for which satisfactory data are available, of 16 all local educational agencies in the State 17 or, in the case of the United States, for all 18 States (which, for the purpose of this para- 19 graph, means the 50 States and the Dis- 20 trict of Columbia); plus 21 ‘‘(ii) any direct current expenditures 22 by the State for the operation of those 23 agencies; divided by 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01010 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1011 •S 1094 IS ‘‘(B) the aggregate number of children in 1 average daily attendance to whom those agen- 2 cies provided free public education during that 3 year. 4 ‘‘(7) CHARTER MANAGEMENT ORGANIZATION.— 5 The term ‘charter management organization’ means 6 a nonprofit organization that operates, manages, or 7 oversees multiple charter schools by centralizing or 8 sharing certain functions and resources among such 9 schools. 10 ‘‘(8) CHILD.—The term ‘child’ means any per- 11 son within the age limits for which the State pro- 12 vides free public education. 13 ‘‘(9) CHILD WITH A DISABILITY.—The term 14 ‘child with a disability’ has the same meaning given 15 that term in section 602 of the Individuals with Dis- 16 abilities Education Act. 17 ‘‘(10) CONDITIONS FOR LEARNING.—The term 18 ‘conditions for learning’ means conditions that ad- 19 vance student achievement and positive child and 20 youth development by supporting schools that— 21 ‘‘(A) promote physical, mental, and emo- 22 tional health; 23 ‘‘(B) ensure the safety of students and 24 staff; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01011 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1012 •S 1094 IS ‘‘(C) promote social, emotional, and char- 1 acter development; and 2 ‘‘(D) have the following attributes: 3 ‘‘(i) Provide opportunities for physical 4 activity and good nutrition. 5 ‘‘(ii) Are free of violence, harassment, 6 and weapons. 7 ‘‘(iii) Prevent use and abuse of drugs 8 and controlled substances. 9 ‘‘(iv) Help staff and students to model 10 positive social and emotional skills. 11 ‘‘(v) Employ adults who have high ex- 12 pectations for student conduct, character, 13 and academic achievement. 14 ‘‘(vi) Engage parents and family 15 members in meaningful and sustained 16 ways to promote positive student academic 17 achievement and developmental outcomes. 18 ‘‘(11) CONSOLIDATED LOCAL APPLICATION.— 19 The term ‘consolidated local application’ means an 20 application submitted by a local educational agency 21 pursuant to section 9305. 22 ‘‘(12) CONSOLIDATED LOCAL PLAN.—The term 23 ‘consolidated local plan’ means a plan submitted by 24 a local educational agency pursuant to section 9305. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01012 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1013 •S 1094 IS ‘‘(13) CONSOLIDATED STATE APPLICATION.— 1 The term ‘consolidated State application’ means an 2 application submitted by a State educational agency 3 pursuant to section 9302. 4 ‘‘(14) CONSOLIDATED STATE PLAN.—The term 5 ‘consolidated State plan’ means a plan submitted by 6 a State educational agency pursuant to section 7 9302. 8 ‘‘(15) CORE ACADEMIC SUBJECTS.—The term 9 ‘core academic subjects’ means English, reading or 10 language arts, mathematics, science, foreign lan- 11 guages, civics and government, economics, arts, his- 12 tory, and geography. 13 ‘‘(16) COVERED PROGRAM.—The term ‘covered 14 program’ means each of the programs authorized 15 by— 16 ‘‘(A) part A of title I; 17 ‘‘(B) part C of title I; 18 ‘‘(C) part D of title I; 19 ‘‘(D) part A of title II; 20 ‘‘(E) part A of title III; 21 ‘‘(F) part B of title IV; and 22 ‘‘(G) subpart 2 of part B of title VI. 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01013 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1014 •S 1094 IS ‘‘(17) CURRENT EXPENDITURES.—The term 1 ‘current expenditures’ means expenditures for free 2 public education— 3 ‘‘(A) including expenditures for adminis- 4 tration, instruction, attendance and health serv- 5 ices, pupil transportation services, operation 6 and maintenance of plant, fixed charges, and 7 net expenditures to cover deficits for food serv- 8 ices and student body activities; but 9 ‘‘(B) not including expenditures for com- 10 munity services, capital outlay, and debt serv- 11 ice, or any expenditures made from funds re- 12 ceived under title I. 13 ‘‘(18) DEPARTMENT.—The term ‘Department’ 14 means the Department of Education. 15 ‘‘(19) DEVELOPMENTAL DELAY.—The term ‘de- 16 velopmental delay’ has the meaning given the term 17 in section 632 of the Individuals with Disabilities 18 Education Act (20 U.S.C. 1432). 19 ‘‘(20) DISTANCE LEARNING.—The term ‘dis- 20 tance learning’ means the transmission of edu- 21 cational or instructional programming to geographi- 22 cally dispersed individuals and groups via tele- 23 communications. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01014 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1015 •S 1094 IS ‘‘(21) EARLY CHILDHOOD EDUCATION PRO- 1 GRAM.—The term ‘early childhood education pro- 2 gram’ has the meaning given the term in section 103 3 of the Higher Education Act of 1965 (20 U.S.C. 4 1003). 5 ‘‘(22) EDUCATIONAL SERVICE AGENCY.—The 6 term ‘educational service agency’ means a regional 7 public multiservice agency authorized by State stat- 8 ute to develop, manage, and provide services or pro- 9 grams to local educational agencies. 10 ‘‘(23) ELEMENTARY SCHOOL.—The term ‘ele- 11 mentary school’ means a nonprofit institutional day 12 or residential school, including a public elementary 13 charter school, that provides elementary education, 14 as determined under State law. 15 ‘‘(24) ENGLISH LEARNER.—The term ‘English 16 learner’ means an individual— 17 ‘‘(A) who is aged 3 through 21; 18 ‘‘(B) who is enrolled or preparing to enroll 19 in an elementary school or secondary school; 20 ‘‘(C)(i) who was not born in the United 21 States or whose native language is a language 22 other than English; 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01015 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1016 •S 1094 IS ‘‘(ii)(I) who is a Native American or Alas- 1 ka Native, or a native resident of the outlying 2 areas; and 3 ‘‘(II) who comes from an environment 4 where a language other than English has had 5 a significant impact on the individual’s level of 6 English language proficiency; or 7 ‘‘(iii) who is migratory, whose native lan- 8 guage is a language other than English, and 9 who comes from an environment where a lan- 10 guage other than English is dominant; and 11 ‘‘(D) whose difficulties in speaking, read- 12 ing, writing, or understanding the English lan- 13 guage may be sufficient to deny the indi- 14 vidual— 15 ‘‘(i) the ability to meet or exceed the 16 State student academic achievement stand- 17 ards under section 1111(a)(1) in a subject 18 for the individual’s grade level, as deter- 19 mined based on the State academic assess- 20 ments described in section 1111(a)(2); 21 ‘‘(ii) the ability to successfully achieve 22 in classrooms where the language of in- 23 struction is English; or 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01016 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1017 •S 1094 IS ‘‘(iii) the opportunity to participate 1 fully in society. 2 ‘‘(25) EVIDENCE-BASED.—The term ‘evidence- 3 based’, when used with respect to a program, prac- 4 tice, or policy, means— 5 ‘‘(A) based on a comprehensive, unbiased 6 review and weighing of 1 or more evaluation 7 studies that— 8 ‘‘(i) have been carried out consistent 9 with the principles of scientific research; 10 ‘‘(ii) have strong internal and external 11 validity; and 12 ‘‘(iii) support the direct attribution of 13 1 or more outcomes to the program, prac- 14 tice, or policy; or 15 ‘‘(B) in the absence of any study described 16 in subparagraph (A), based on a comprehensive, 17 unbiased review and weighing of data analysis, 18 research, or 1 or more evaluation studies of rel- 19 evant programs, practices, or policies, that— 20 ‘‘(i) were carried out consistent with 21 the principles of scientifically based re- 22 search; and 23 ‘‘(ii) are accompanied by strategies to 24 generate more robust evidence over time 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01017 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1018 •S 1094 IS through research, evaluation, and data 1 analysis, including— 2 ‘‘(I) the measurement of per- 3 formance with reliable process and 4 outcome indicators; and 5 ‘‘(II) the implementation of eval- 6 uations with strong internal and ex- 7 ternal validity where feasible and ap- 8 propriate. 9 ‘‘(26) EXPANDED LEARNING TIME.—The term 10 ‘expanded learning time’ means using a longer 11 school day, week, or year schedule to significantly 12 increase the total number of school hours, in order 13 to include additional time for— 14 ‘‘(A) instruction in core academic subjects; 15 ‘‘(B) instruction in other subjects and en- 16 richment and other activities that contribute to 17 a well-rounded education, including music and 18 the arts, physical education, and experiential 19 and work-based learning; and 20 ‘‘(C) instructional and support staff to col- 21 laborate, plan, and engage in professional devel- 22 opment, including on family and community en- 23 gagement, within and across grades and sub- 24 jects. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01018 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1019 •S 1094 IS ‘‘(27) FAMILY LITERACY ACTIVITIES.—The 1 term ‘family literacy activities’ means activities 2 that— 3 ‘‘(A) are of sufficient intensity in terms of 4 hours, and of sufficient duration, to make sus- 5 tainable improvements in the literacy rates of a 6 family; 7 ‘‘(B) better enable parents to support their 8 children’s learning needs; and 9 ‘‘(C) integrate all of the following activi- 10 ties: 11 ‘‘(i) Parent adult education and lit- 12 eracy activities that lead to readiness for 13 postsecondary education or training, career 14 advancement, and economic self-suffi- 15 ciency. 16 ‘‘(ii) Interactive literacy activities be- 17 tween parents and their children. 18 ‘‘(iii) Training for parents regarding 19 how to be the primary teacher for their 20 children and full partners in the education 21 of their children. 22 ‘‘(iv) Age-appropriate education to 23 prepare children for success in school and 24 life experiences. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01019 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1020 •S 1094 IS ‘‘(28) FAMILY MEMBER.—The term ‘family 1 member’ means a parent, relative, or other adult 2 who is responsible for the care and well-being of a 3 child. 4 ‘‘(29) FORMER ENGLISH LEARNER.—The term 5 ‘former English learner’ means a student who is pro- 6 ficient in English, as determined by the State as- 7 sessment of English language proficiency under sec- 8 tion 1111(a)(2)(D), but previously was an English 9 learner, as defined in this section. 10 ‘‘(30) FREE PUBLIC EDUCATION.—The term 11 ‘free public education’ means education that is pro- 12 vided— 13 ‘‘(A) at public expense, under public super- 14 vision and direction, and without tuition charge; 15 and 16 ‘‘(B) as elementary or secondary edu- 17 cation, as determined under State law, except 18 that, notwithstanding State law, such term— 19 ‘‘(i) includes preschool education; and 20 ‘‘(ii) does not include any education 21 provided beyond grade 12. 22 ‘‘(31) GIFTED AND TALENTED.—The term 23 ‘gifted and talented’, when used with respect to stu- 24 dents, children, or youth, means students, children, 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01020 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1021 •S 1094 IS or youth who give evidence of high achievement ca- 1 pability in areas such as intellectual, creative, artis- 2 tic, or leadership capacity, or in specific academic 3 fields, and who need services or activities not ordi- 4 narily provided by the school in order to fully de- 5 velop those capabilities. 6 ‘‘(32) GRADUATION RATES.—The term ‘gradua- 7 tion rates’ shall, at a minimum, include both of the 8 following: 9 ‘‘(A) A 4-year adjusted cohort graduation 10 rate for a school year, defined as the percent 11 obtained by calculating the product of— 12 ‘‘(i) the result of— 13 ‘‘(I) the number of students 14 who— 15 ‘‘(aa) formed the adjusted 16 cohort 4 years earlier; and 17 ‘‘(bb) graduate in 4 years or 18 less with a regular secondary 19 school diploma; divided by 20 ‘‘(II) the number of students who 21 formed the adjusted cohort for that 22 year’s graduating class 4 years ear- 23 lier; multiplied by 24 ‘‘(ii) 100. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01021 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1022 •S 1094 IS ‘‘(B) A cumulative graduation rate for a 1 school year, defined as the percent obtained by 2 calculating the product of— 3 ‘‘(i) the result of— 4 ‘‘(I) the sum of— 5 ‘‘(aa) the number of stu- 6 dents who— 7 ‘‘(AA) form the ad- 8 justed cohort for that year’s 9 graduating class; and 10 ‘‘(BB) graduate in 4 11 years or less with a regular 12 secondary school diploma; 13 plus 14 ‘‘(bb) the number of addi- 15 tional students from previous co- 16 horts who graduate with a reg- 17 ular secondary school diploma by 18 the end of the school year in— 19 ‘‘(AA) more than 4 20 years but not more than 6 21 years; or 22 ‘‘(BB) before exceeding 23 the age for eligibility for a 24 free appropriate public edu- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01022 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1023 •S 1094 IS cation (as defined in section 1 602 of the Individuals with 2 Disabilities Education Act) 3 under State law; divided by 4 ‘‘(II) the sum of— 5 ‘‘(aa) the number of stu- 6 dents who form the adjusted co- 7 hort for that year’s graduating 8 class; plus 9 ‘‘(bb) the number of addi- 10 tional student graduates de- 11 scribed in subclause (I)(bb); mul- 12 tiplied by 13 ‘‘(ii) 100. 14 ‘‘(33) HIGH SCHOOL.—The term ‘high school’ 15 means a secondary school that— 16 ‘‘(A) grants a diploma, as defined by the 17 State; and 18 ‘‘(B) includes, at least, grade 12. 19 ‘‘(34) HIGHLY QUALIFIED TEACHER.— 20 ‘‘(A) IN GENERAL.—The term ‘highly 21 qualified teacher’ means— 22 ‘‘(i) with respect to any public elemen- 23 tary school, middle school, or high school 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01023 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1024 •S 1094 IS teacher teaching in a State, a teacher 1 who— 2 ‘‘(I)(aa) has obtained State cer- 3 tification as a teacher (including cer- 4 tification obtained through alternative 5 routes to certification) or passed the 6 State teacher licensing examination, 7 and holds a license to teach in the 8 State, except that when used with re- 9 spect to any teacher teaching in a 10 charter school, the term means that 11 the teacher meets the requirements 12 set forth in the State’s charter school 13 law; or 14 ‘‘(bb) has passed a rigorous State 15 test for subject matter knowledge and 16 is making satisfactory progress to- 17 wards obtaining full certification or li- 18 censure within 3 years through par- 19 ticipation in a high-quality, State-ap- 20 proved alternative certification pro- 21 gram; and 22 ‘‘(II) has not had certification or 23 licensure requirements waived on an 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01024 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1025 •S 1094 IS emergency, temporary, or provisional 1 basis; 2 ‘‘(ii) with respect to— 3 ‘‘(I) an elementary school teacher 4 who is new to the profession, that the 5 teacher holds at least a bachelor’s de- 6 gree and— 7 ‘‘(aa) if teaching more than 8 a single subject, has dem- 9 onstrated, by receiving a passing 10 score on a rigorous State test, 11 subject knowledge and teaching 12 skills in reading, writing, mathe- 13 matics, and other areas of the 14 basic elementary school cur- 15 riculum (which may consist of 16 passing a State-required certifi- 17 cation or licensing test or tests in 18 reading, writing, mathematics, 19 and other areas of the basic ele- 20 mentary school curriculum); or 21 ‘‘(bb) if teaching a single 22 subject, meets either the require- 23 ment in item (aa) or (bb) of sub- 24 clause (II); and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01025 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1026 •S 1094 IS ‘‘(II) a middle school or high 1 school teacher who is new to the pro- 2 fession, that the teacher holds at least 3 a bachelor’s degree and has dem- 4 onstrated a high level of competency 5 in each of the academic subjects in 6 which the teacher teaches by— 7 ‘‘(aa) receiving a passing 8 score on a rigorous State aca- 9 demic subject test in each of the 10 academic subjects in which the 11 teacher teaches (which may con- 12 sist of a passing level of perform- 13 ance on a State-required certifi- 14 cation or licensing test or tests in 15 each of the academic subjects the 16 teacher teaches); or 17 ‘‘(bb) successful completion, 18 in each of the academic subjects 19 in which the teacher teaches, of 20 an academic major, a graduate 21 degree, coursework equivalent to 22 an undergraduate academic 23 major, or advanced certification 24 or credentialing; and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01026 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1027 •S 1094 IS ‘‘(iii) with respect to an elementary 1 school, middle school, or high school teach- 2 er who is not new to the profession, that 3 the teacher holds at least a bachelor’s de- 4 gree and— 5 ‘‘(I) has met the applicable 6 standard in subclause (I) or (II) of 7 clause (ii), which includes an option 8 for a test; or 9 ‘‘(II) demonstrates competence in 10 all the academic subjects in which the 11 teacher teaches based on a high objec- 12 tive uniform State standard of evalua- 13 tion, which may include multiple sub- 14 jects, that— 15 ‘‘(aa) is set by the State for 16 both grade-appropriate academic 17 subject-matter knowledge and 18 teaching skills; 19 ‘‘(bb) is aligned with State 20 academic content and student 21 academic achievement standards 22 under section 1111(a)(1) and de- 23 veloped in consultation with core 24 content specialists, teachers, 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01027 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1028 •S 1094 IS principals, and school administra- 1 tors; 2 ‘‘(cc) provides objective, co- 3 herent information about the 4 teacher’s attainment of core con- 5 tent knowledge in the academic 6 subjects in which a teacher 7 teaches; 8 ‘‘(dd) is applied uniformly to 9 all teachers in the same academic 10 subject and the same grade level 11 throughout the State; 12 ‘‘(ee) takes into consider- 13 ation, but is not based primarily 14 on, the time the teacher has been 15 teaching in the academic subject; 16 ‘‘(ff) is made available to the 17 public on request; and 18 ‘‘(gg) may involve multiple, 19 objective measures of teacher 20 competency. 21 ‘‘(B) SPECIAL RULE.—Notwithstanding 22 the requirements of subparagraph (A), a State 23 may deem a teacher to be a highly qualified 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01028 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1029 •S 1094 IS teacher for purposes of this Act, if the teacher 1 is— 2 ‘‘(i) a teacher with a bachelor’s degree 3 who has received and maintained, for the 4 State in which the teacher teaches, a rat- 5 ing in the highest categories of a profes- 6 sional growth and improvement system; 7 ‘‘(ii) a teacher in a rural local edu- 8 cational agency, as described in section 9 6211(d), who teaches multiple subjects, if 10 the teacher is a highly qualified teacher in 11 1 of the core academic subjects that the 12 teacher teaches and becomes highly quali- 13 fied in the additional subjects in not more 14 than 3 years by meeting the requirements 15 of clause (ii) or (iii) of subparagraph (A); 16 ‘‘(iii) a science teacher who holds a 17 broad field science or individual science 18 certification or licensure and whom the 19 State determines is highly qualified for 20 purposes of this paragraph; 21 ‘‘(iv) a teacher who has been deter- 22 mined to be highly qualified by the State 23 as of the day before the date of enactment 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01029 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1030 •S 1094 IS of the Strengthening America’s Schools 1 Act of 2013; or 2 ‘‘(v) a teacher who is a participant in 3 an exchange visitor program and whom the 4 State determines is highly qualified for the 5 purposes of this paragraph. 6 ‘‘(C) SPECIAL EDUCATION TEACHERS.— 7 The definition of the term ‘highly qualified 8 teacher’ shall also include a special education 9 teacher who is highly qualified as determined 10 under section 602(10) of the Individuals with 11 Disabilities Education Act. 12 ‘‘(35) HIGH-NEED LOCAL EDUCATIONAL AGEN- 13 CY.—The term ‘high-need local educational agency’ 14 means a local educational agency— 15 ‘‘(A) that serves not fewer than 10,000 16 children from families with incomes below the 17 poverty line; 18 ‘‘(B) for which not less than 20 percent of 19 the children served by the agency are from fam- 20 ilies with incomes below the poverty line; or 21 ‘‘(C) that is in the highest quartile of local 22 educational agencies in the State, based on stu- 23 dent poverty. 24 ‘‘(36) HIGH-NEED SCHOOL.— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01030 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1031 •S 1094 IS ‘‘(A) IN GENERAL.—The term ‘high-need 1 school’ means— 2 ‘‘(i) an elementary school or middle 3 school in which not less than 50 percent of 4 the enrolled students are children from 5 low-income families; or 6 ‘‘(ii) a high school in which not less 7 than 40 percent of the enrolled students 8 are children from low-income families, 9 which may be calculated using comparable 10 data from feeder schools. 11 ‘‘(B) LOW-INCOME FAMILY.—For purposes 12 of subparagraph (A), the term ‘low-income fam- 13 ily’ means a family— 14 ‘‘(i) in which the children are eligible 15 for a free or reduced price lunch under the 16 Richard B. Russell National School Lunch 17 Act (42 U.S.C. 1751 et seq.); 18 ‘‘(ii) receiving assistance under a 19 State program funded under part A of title 20 IV of the Social Security Act (42 U.S.C. 21 601 et seq.); or 22 ‘‘(iii) in which the children are eligible 23 to receive medical assistance under the 24 Medicaid program. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01031 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1032 •S 1094 IS ‘‘(37) INSTITUTION OF HIGHER EDUCATION.— 1 The term ‘institution of higher education’ has the 2 meaning given that term in section 101(a) of the 3 Higher Education Act of 1965. 4 ‘‘(38) LEADING INDICATORS.—The term ‘lead- 5 ing indicators’ means areas in which a priority 6 school is expected to demonstrate improvement, such 7 as— 8 ‘‘(A) average student attendance rates; 9 ‘‘(B) teacher attendance rates; 10 ‘‘(C) on-time grade promotion; 11 ‘‘(D) credit accumulation rates; 12 ‘‘(E) expulsion, suspension, violence, and 13 harassment rates; 14 ‘‘(F) teacher retention and turnover rates; 15 ‘‘(G) percentage of students failing a core, 16 credit-bearing course; and 17 ‘‘(H) entrance and placement examina- 18 tions, and preparation courses, for postsec- 19 ondary education. 20 ‘‘(39) LOCAL EDUCATIONAL AGENCY.— 21 ‘‘(A) IN GENERAL.—The term ‘local edu- 22 cational agency’ means a public board of edu- 23 cation or other public authority legally con- 24 stituted within a State for either administrative 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01032 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1033 •S 1094 IS control or direction of, or to perform a service 1 function for, public elementary schools or sec- 2 ondary schools in a city, county, township, 3 school district, or other political subdivision of 4 a State, or of or for a combination of school 5 districts or counties that is recognized in a 6 State as an administrative agency for its public 7 elementary schools or secondary schools. 8 ‘‘(B) ADMINISTRATIVE CONTROL AND DI- 9 RECTION.—The term includes any other public 10 institution or agency having administrative con- 11 trol and direction of a public elementary school 12 or secondary school. 13 ‘‘(C) BIE SCHOOLS.—The term includes an 14 elementary school or secondary school funded 15 by the Bureau of Indian Education but only to 16 the extent that including the school makes the 17 school eligible for programs for which specific 18 eligibility is not provided to the school in an- 19 other provision of law and the school does not 20 have a student population that is smaller than 21 the student population of the local educational 22 agency receiving assistance under this Act with 23 the smallest student population, except that the 24 school shall not be subject to the jurisdiction of 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01033 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1034 •S 1094 IS any State educational agency other than the 1 Bureau of Indian Affairs. 2 ‘‘(D) EDUCATIONAL SERVICE AGENCIES.— 3 The term includes educational service agencies 4 and consortia of those agencies. 5 ‘‘(E) STATE EDUCATIONAL AGENCY.—The 6 term includes the State educational agency in a 7 State in which the State educational agency is 8 the sole educational agency for all public 9 schools. 10 ‘‘(40) MAGNET SCHOOL.—The term ‘magnet 11 school’ means a public elementary school, public sec- 12 ondary school, public elementary education center, 13 or public secondary education center, that offers a 14 special curriculum capable of attracting substantial 15 numbers of students of different racial backgrounds. 16 ‘‘(41) MULTI-TIER SYSTEM OF SUPPORTS.—The 17 term ‘multi-tier system of supports’ means a com- 18 prehensive system of differentiated supports that in- 19 cludes evidence-based instruction, universal screen- 20 ing, progress monitoring, formative assessments, re- 21 search-based interventions matched to students’ 22 needs, and educational decision-making using stu- 23 dent outcome data. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01034 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1035 •S 1094 IS ‘‘(42) MUTUAL CONSENT.—The term ‘mutual 1 consent’ means a process through which— 2 ‘‘(A) the principal or hiring team and the 3 teacher agree to the placement at a school; 4 ‘‘(B) the principal or hiring team selects 5 teachers for the school from an unrestricted 6 pool of internal and external candidates based 7 on an assessment of the qualifications of the in- 8 dividual candidates; and 9 ‘‘(C) the local educational agency ensures 10 that other schools served by the local edu- 11 cational agency are not being forced to accept 12 teachers displaced from persistently low-achiev- 13 ing schools. 14 ‘‘(43) NATIVE AMERICAN AND NATIVE AMER- 15 ICAN LANGUAGE.—The terms ‘Native American’ and 16 ‘Native American language’ have the same meaning 17 given those terms in section 103 of the Native 18 American Languages Act of 1990 (25 U.S.C. 2902). 19 ‘‘(44) OUTLYING AREA.—The term ‘outlying 20 area’— 21 ‘‘(A) means American Samoa, the Com- 22 monwealth of the Northern Mariana Islands, 23 Guam, and the United States Virgin Islands; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01035 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1036 •S 1094 IS ‘‘(B) means the Republic of Palau, to the 1 extent permitted under section 105(f)(1)(B)(ix) 2 of the Compact of Free Association Amend- 3 ments Act of 2003 (Public Law 108–188; 117 4 Stat. 2751) and until an agreement for the ex- 5 tension of United States education assistance 6 under the Compact of Free Association becomes 7 effective for the Republic of Palau; and 8 ‘‘(C) for the purpose of any discretionary 9 grant program under this Act, includes the Re- 10 public of the Marshall Islands and the Fed- 11 erated States of Micronesia, to the extent per- 12 mitted under section 105(f)(1)(B)(viii) of the 13 Compact of Free Association Amendments Act 14 of 2003 (Public Law 108–188; 117 Stat. 15 2751). 16 ‘‘(45) PARENT.—The term ‘parent’ includes a 17 legal guardian or other person standing in loco 18 parentis (such as a grandparent or stepparent with 19 whom the child lives, or a person who is legally re- 20 sponsible for the child’s welfare). 21 ‘‘(46) POSITIVE BEHAVIORAL INTERVENTIONS 22 AND SUPPORTS.—The term ‘positive behavioral 23 interventions and supports’ means a management 24 system and set of activities establishing the social 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01036 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1037 •S 1094 IS culture of a school and the use of evidence-based be- 1 havioral practices needed for schools to prevent 2 problem behaviors and provide effective learning en- 3 vironments for all students. 4 ‘‘(47) POVERTY LINE.—The term ‘poverty line’ 5 means the poverty line (as defined by the Office of 6 Management and Budget and revised annually in ac- 7 cordance with section 673(2) of the Community 8 Services Block Grant Act (42 U.S.C. 9902(2)) appli- 9 cable to a family of the size involved. 10 ‘‘(48) PROFESSIONAL DEVELOPMENT.—The 11 term ‘professional development’ means activities 12 based on scientifically valid research that are coordi- 13 nated and aligned to increase the effectiveness of 14 educators (including teachers, principals, other 15 school leaders, specialized instructional support per- 16 sonnel, paraprofessionals, and, as applicable, early 17 childhood educators) and are regularly assessed to 18 determine the activities’ effectiveness, and that— 19 ‘‘(A) are designed and implemented to im- 20 prove student achievement and classroom prac- 21 tice; 22 ‘‘(B) are aligned with— 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01037 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1038 •S 1094 IS ‘‘(i) State academic content standards 1 and student academic achievement stand- 2 ards developed under section 1111(a)(1); 3 ‘‘(ii) related academic and school im- 4 provement goals of the school, local edu- 5 cational agency, and, as appropriate, state- 6 wide and local curricula; and 7 ‘‘(iii) rigorous teaching standards; 8 ‘‘(C) increase educators’— 9 ‘‘(i) knowledge and understanding 10 about how students learn; 11 ‘‘(ii) academic content knowledge; 12 ‘‘(iii) ability to analyze student work 13 and achievement data from multiple 14 sources, including how to adjust instruc- 15 tional strategies, assessments, and mate- 16 rials based on such analysis; and 17 ‘‘(iv) ability to instruct students with 18 disabilities and English learners so that 19 they are able to meet the State academic 20 content standards and student academic 21 achievement standards; 22 ‘‘(D) are informed by, and aligned with, 23 such educators’ evaluations under the applicable 24 professional growth and improvement system; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01038 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1039 •S 1094 IS ‘‘(E) are job-embedded, ongoing, collabo- 1 rative, data-driven, and classroom-focused; and 2 ‘‘(F) are, as appropriate— 3 ‘‘(i) designed to provide educators 4 with the knowledge and skills to work more 5 effectively with parents and families; and 6 ‘‘(ii) provided jointly for school staff 7 and other early childhood education pro- 8 gram providers, where applicable, to ad- 9 dress the transition to elementary school, 10 including issues related to school readiness 11 across all major domains of early learning. 12 ‘‘(49) PROFESSIONAL GROWTH AND IMPROVE- 13 MENT SYSTEM.— 14 ‘‘(A) IN GENERAL.—The term ‘professional 15 growth and improvement system’ means a rig- 16 orous, transparent, and fair system of evalua- 17 tion and support based on research and best 18 practices for teachers and principals that— 19 ‘‘(i) provides meaningful feedback to 20 teachers and principals on the results of 21 their evaluation; 22 ‘‘(ii) establishes multiple categories of 23 teacher and principal performance to en- 24 sure that the evaluation provides meaning- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01039 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1040 •S 1094 IS ful differentiation and is aligned with stu- 1 dent academic achievement results; 2 ‘‘(iii) evaluates teachers and principals 3 regularly consistent with research and best 4 practices, including by using multiple 5 measures; 6 ‘‘(iv) is directly aligned with profes- 7 sional development activities; 8 ‘‘(v) is developed and implemented 9 with teacher and principal involvement; 10 ‘‘(vi) provides training for the eval- 11 uators who are responsible for conducting 12 classroom and school level observations; 13 ‘‘(vii) for principals— 14 ‘‘(I) is based in significant part 15 on evidence of improved student aca- 16 demic achievement and growth and 17 student outcomes, including the 18 English language proficiency of 19 English learner students, and evidence 20 of providing strong instructional lead- 21 ership and support to teachers and 22 other staff; and 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01040 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1041 •S 1094 IS ‘‘(II) may include other measures 1 of principal performance such as par- 2 ent and family engagement; and 3 ‘‘(viii) for teachers, is based in signifi- 4 cant part on each of the following: 5 ‘‘(I) Evidence of improved stu- 6 dent academic achievement and 7 growth that is limited to evidence- 8 based or externally validated meas- 9 ures. 10 ‘‘(II) Observations of classroom 11 teaching. 12 ‘‘(III) Other measures that in- 13 form teacher performance, which may 14 include student perception surveys. 15 ‘‘(B) RULES OF CONSTRUCTION.—Nothing 16 in this paragraph shall be construed to— 17 ‘‘(i) require a State or local edu- 18 cational agency to change the components 19 of a teacher and principal evaluation sys- 20 tem that has been approved by the Sec- 21 retary pursuant to the Secretary’s waiver 22 authority under section 9401 on the day 23 before the date of enactment of the 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01041 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1042 •S 1094 IS Strengthening America’s Schools Act of 1 2013; and 2 ‘‘(ii) alter or otherwise affect the 3 rights, remedies, and procedures afforded 4 school or school district employees under 5 Federal, State, or local laws (including ap- 6 plicable regulations or court orders) or 7 under the terms of collective bargaining 8 agreements, memoranda of understanding, 9 or other agreements between such employ- 10 ees and their employers. 11 ‘‘(50) REGULAR SECONDARY SCHOOL DI- 12 PLOMA.— 13 ‘‘(A) IN GENERAL.—The term ‘regular sec- 14 ondary school diploma’ means the standard sec- 15 ondary school diploma awarded to the prepon- 16 derance of students in the State that is fully 17 aligned with State standards, or a higher di- 18 ploma. Such term shall not include a GED or 19 other recognized equivalent of a diploma, a cer- 20 tificate of attendance, or any lesser diploma 21 award. 22 ‘‘(B) EXCEPTION FOR STUDENTS WITH 23 SIGNIFICANT COGNITIVE DISABILITIES.—For a 24 student who has a significant cognitive dis- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01042 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1043 •S 1094 IS ability and is assessed using an alternate as- 1 sessment aligned to alternate academic achieve- 2 ment standards under section 1111(a)(1)(C), 3 receipt of a regular secondary school diploma or 4 a State-defined alternate diploma aligned with 5 completion of the student’s right to a free ap- 6 propriate public education under the Individuals 7 with Disabilities Education Act shall be counted 8 as graduating with a regular secondary school 9 diploma for the purposes of this Act, except 10 that not more than 1 percent of students served 11 by a State or a local educational agency, as ap- 12 propriate, shall be counted as graduates with a 13 regular secondary school diploma under this 14 subparagraph. 15 ‘‘(51) SCIENTIFICALLY BASED RESEARCH.— 16 The term ‘scientifically based research’— 17 ‘‘(A) means research that involves the ap- 18 plication of rigorous, systematic, and objective 19 procedures to obtain reliable and valid knowl- 20 edge relevant to education activities and pro- 21 grams; and 22 ‘‘(B) includes research that— 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01043 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1044 •S 1094 IS ‘‘(i) employs systematic, empirical 1 methods that draw on observation or ex- 2 periment; 3 ‘‘(ii) involves rigorous data analyses 4 that are adequate to test the stated 5 hypotheses and justify the general conclu- 6 sions drawn; 7 ‘‘(iii) relies on measurements or obser- 8 vational methods that provide reliable and 9 valid data across evaluators and observers, 10 across multiple measurements and observa- 11 tions, and across studies by the same or 12 different investigators; 13 ‘‘(iv) is evaluated using experimental 14 or quasi-experimental designs in which in- 15 dividuals, entities, programs, or activities 16 are assigned to different conditions and 17 with appropriate controls to evaluate the 18 effects of the condition of interest, with a 19 preference for random-assignment experi- 20 ments, or other designs to the extent that 21 those designs contain within-condition or 22 across-condition controls; 23 ‘‘(v) ensures that experimental studies 24 are presented in sufficient detail and clar- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01044 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1045 •S 1094 IS ity to allow for replication or, at a min- 1 imum, offer the opportunity to build sys- 2 tematically on their findings; and 3 ‘‘(vi) has been accepted by a peer-re- 4 viewed journal or approved by a panel of 5 independent experts through a comparably 6 rigorous, objective, and scientific review. 7 ‘‘(52) SCIENTIFICALLY VALID RESEARCH.—The 8 term ‘scientifically valid research’ includes applied 9 research, basic research, and field-initiated research 10 in which the rationale, design, and interpretation are 11 soundly developed in accordance with principles of 12 scientific research. 13 ‘‘(53) SECONDARY SCHOOL.—The term ‘sec- 14 ondary school’ means a nonprofit institutional day or 15 residential school, including a public secondary char- 16 ter school, that provides secondary education, as de- 17 termined under State law, except that the term does 18 not include any education beyond grade 12. 19 ‘‘(54) SECRETARY.—The term ‘Secretary’ 20 means the Secretary of Education. 21 ‘‘(55) SPECIALIZED INSTRUCTIONAL SUPPORT 22 PERSONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT 23 SERVICES.— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01045 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1046 •S 1094 IS ‘‘(A) SPECIALIZED INSTRUCTIONAL SUP- 1 PORT PERSONNEL.—The term ‘specialized in- 2 structional support personnel’ means school 3 counselors, school social workers, school psy- 4 chologists, school nurses, and other qualified 5 professional personnel involved in providing as- 6 sessment, diagnosis, counseling, educational, 7 therapeutic, and other necessary services (in- 8 cluding related services as that term is defined 9 in section 602 of the Individuals with Disabil- 10 ities Education Act) as part of a comprehensive 11 program to meet student needs. 12 ‘‘(B) SPECIALIZED INSTRUCTIONAL SUP- 13 PORT SERVICES.—The term ‘specialized instruc- 14 tional support services’ means the services pro- 15 vided by specialized instructional support per- 16 sonnel. 17 ‘‘(56) STATE.—The term ‘State’ means each of 18 the 50 States, the District of Columbia, the Com- 19 monwealth of Puerto Rico, and each of the outlying 20 areas. 21 ‘‘(57) STATE ADVISORY COUNCIL ON EARLY 22 CHILDHOOD EDUCATION AND CARE.—The term 23 ‘State Advisory Council on Early Childhood Edu- 24 cation and Care’ means the State Advisory Council 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01046 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1047 •S 1094 IS on Early Childhood Education and Care designated 1 or established under section 642B(b)(1)(A) of the 2 Head Start Act (42 U.S.C. 9837b(b)(1)(A)). 3 ‘‘(58) STATE EDUCATIONAL AGENCY.—The 4 term ‘State educational agency’ means the agency 5 primarily responsible for the State supervision of 6 public elementary schools and secondary schools. 7 ‘‘(59) STUDENT WITH INTERRUPTED FORMAL 8 EDUCATION.—The term ‘student with interrupted 9 formal education’ means a student identified as an 10 English learner who— 11 ‘‘(A) enrolled in a United States school 12 after grade 2; 13 ‘‘(B) has completed successfully 2 or more 14 years less of schooling than students of the 15 same age; 16 ‘‘(C) performs 2 years or more below grade 17 level, as measured by State college and career 18 ready student academic achievement standards; 19 and 20 ‘‘(D) is preliterate in such student’s first 21 language. 22 ‘‘(60) TEACHER MENTORING.—The term 23 ‘teacher mentoring’ means supporting teachers or 24 principals to increase the effectiveness and retention 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01047 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1048 •S 1094 IS of such teachers or principals through a program 1 that— 2 ‘‘(A) includes clear criteria for the selec- 3 tion of mentors that takes into account the 4 mentor’s— 5 ‘‘(i) effectiveness; and 6 ‘‘(ii) ability to facilitate adult learn- 7 ing; 8 ‘‘(B) provides high-quality training for 9 mentors in how to support teachers or prin- 10 cipals effectively; 11 ‘‘(C) provides regularly scheduled time for 12 collaboration, examination of student work and 13 achievement data, and ongoing opportunities for 14 mentors and mentees to observe each other’s 15 teaching or leading, and identify and address 16 areas for improvement; and 17 ‘‘(D) matches mentees with mentors in the 18 same field, grade, grade span, or subject area. 19 ‘‘(61) TEACHER OF ENGLISH LEARNERS.—The 20 term ‘teacher of English learners’ means a teacher 21 who— 22 ‘‘(A) teaches students who are identified as 23 English learners; 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01048 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1049 •S 1094 IS ‘‘(B) has as a primary role to support 1 English learners with English language acquisi- 2 tion; and 3 ‘‘(C) is responsible for tracking the 4 progress toward English proficiency of English 5 learners. 6 ‘‘(62) TURNAROUND PARTNER.—The term 7 ‘turnaround partner’ means a public or private non- 8 profit organization, institution of higher education, 9 or charter management organization, with a dem- 10 onstrated record of successful school improvement. 11 ‘‘(63) UNIVERSAL DESIGN FOR LEARNING.— 12 The term ‘universal design for learning’ has the 13 meaning given the term in section 103 of the Higher 14 Education Act of 1965. 15 ‘‘(64) YOUNG CHILD.—The term ‘young child’ 16 means an individual who has not reached the age at 17 which the State in which the child resides requires 18 mandatory school attendance.’’. 19 (b) CONFORMING AMENDMENTS.—The Act (20 20 U.S.C. 6301 et seq.) is amended— 21 (1) in section 1604(b) (20 U.S.C. 6574(b)), as 22 redesignated by section 1601(a)(3) of this Act, by 23 striking ‘‘the Committee on Education and the 24 Workforce of the House of Representatives and the 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01049 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1050 •S 1094 IS Committee on Health, Education, Labor and Pen- 1 sions of the Senate’’ and inserting ‘‘the authorizing 2 committees’’; 3 (2) in section 3122(b) (20 U.S.C. 6843(b)), as 4 redesignated by section 3001(3) of this Act, by 5 striking ‘‘the Committee on Education and the 6 Workforce of the House of Representatives and the 7 Committee on Health, Education, Labor, and Pen- 8 sions of the Senate’’ and inserting ‘‘the authorizing 9 committees’’; and 10 (3) in section 9401(e)(4) (20 U.S.C. 11 7861(e)(4)), by striking ‘‘the Committee on Edu- 12 cation and the Workforce of the House of Rep- 13 resentatives and the Committee on Health, Edu- 14 cation, Labor, and Pensions of the Senate’’ and in- 15 serting ‘‘the authorizing committees’’. 16 SEC. 9102. UNSAFE SCHOOL CHOICE OPTION. 17 Section 9532(a) (20 U.S.C. 7912(a)) is amended by 18 striking ‘‘attending’’ and all that follows through ‘‘victim 19 of’’ and inserting ‘‘who is threatened with, or becomes a 20 victim of,’’. 21 SEC. 9103. GEOGRAPHIC DIVERSITY. 22 Subpart 2 of part E of title IX (20 U.S.C. ) is amend- 23 ed by adding at the end the following: 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01050 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1051 •S 1094 IS ‘‘SEC. 9537. GEOGRAPHIC DIVERSITY. 1 ‘‘When awarding grants on a competitive basis under 2 this Act, the Secretary shall ensure geographic diversity.’’. 3 SEC. 9104. EVALUATION AUTHORITY. 4 Section 9601 (20 U.S.C. 7941) is amended to read 5 as follows: 6 ‘‘SEC. 9601. EVALUATION AUTHORITY. 7 ‘‘(a) RESERVATION OF FUNDS.—Except as provided 8 in subsection (b), the Secretary may reserve not less than 9 1 percent and not more than 3 percent of the amount ap- 10 propriated to carry out each categorical program and dem- 11 onstration project authorized under this Act. The reserved 12 amounts shall be used by the Secretary, acting through 13 the Director of the Institute of Education Sciences, to— 14 ‘‘(1) conduct— 15 ‘‘(A) comprehensive, high-quality evalua- 16 tions of the program or project that— 17 ‘‘(i) provide information to inform pol- 18 icy-making and to support continuous pro- 19 gram improvement; and 20 ‘‘(ii) use methods appropriate for the 21 questions being asked; and 22 ‘‘(B) impact evaluations that employ exper- 23 imental or quasi-experimental designs, where 24 practicable and appropriate, and other rigorous 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01051 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1052 •S 1094 IS methodologies that permit the strongest pos- 1 sible causal inferences; 2 ‘‘(2) provide technical assistance to grant re- 3 cipients on— 4 ‘‘(A) the conduct of the evaluation activi- 5 ties that the grantees carry out under this Act; 6 and 7 ‘‘(B) the collection and reporting of per- 8 formance data relating to the program or 9 project; 10 ‘‘(3) evaluate the aggregate short- and long- 11 term effects and cost efficiencies across Federal pro- 12 grams assisted or authorized under this Act and re- 13 lated Federal preschool, elementary, and secondary 14 programs under any other Federal law; 15 ‘‘(4) increase the usefulness of evaluations of 16 grant recipients in order to ensure the continuous 17 progress of the program or project by improving the 18 quality, timeliness, efficiency, dissemination, and use 19 of information relating to performance under the 20 program or project; and 21 ‘‘(5) identify and disseminate research and best 22 practices related to the programs and projects au- 23 thorized under this Act to build the evidence base 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01052 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1053 •S 1094 IS for the programs and projects that effectively meet 1 the goals of this Act. 2 ‘‘(b) TITLE I.—The Secretary shall reserve under 3 subsection (a) 1 percent of the funds appropriated to carry 4 out title I. 5 ‘‘(c) EVALUATION PLAN.—Beginning not later than 6 1 year after the date of enactment of the Strengthening 7 America’s Schools Act of 2013, the Secretary shall annu- 8 ally develop and submit to Congress a plan that— 9 ‘‘(1) describes the timeline for evaluation of the 10 programs and projects authorized under this Act; 11 and 12 ‘‘(2) describes the specific evaluation activities 13 that the Secretary intends to carry out for such pro- 14 grams and projects during the next year. 15 ‘‘(d) EVALUATION ACTIVITIES AUTHORIZED ELSE- 16 WHERE.—If, under any other provision of this Act (other 17 than title I), funds are authorized to be reserved or used 18 for evaluation activities with respect to a program or 19 project, the Secretary may not reserve additional funds 20 under this section for the evaluation of that program or 21 project. 22 ‘‘(e) SPECIAL RULE REGARDING ALLOCATION FOR 23 IMPACT EVALUATIONS.—The Secretary shall use not less 24 than 30 percent of the funds reserved under this section 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01053 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1054 •S 1094 IS for each of the fiscal years 2014 through 2019, in the ag- 1 gregate for each year, for impact evaluations that meet 2 the requirements of subsection (a)(1).’’. 3 SEC. 9105. CONFORMING AMENDMENTS. 4 (a) REORGANIZATION.—Title IX (20 U.S.C. 7801 et 5 seq.) is amended by adding at the end the following: 6 ‘‘PART G—MISCELLANEOUS PROVISIONS’’. 7 (b) CONFORMING AMENDMENTS.—Title IX (20 8 U.S.C. 7801 et seq.) is amended— 9 (1) in section 9401 (20 U.S.C. 7861)— 10 (A) in subsection (b)(1)(C), by striking ‘‘, 11 in accordance with section 1111(b),’’; and 12 (B) in subsection (c), by striking ‘‘subpart 13 1 of part B of title V’’ and inserting ‘‘subpart 14 1 of part D of title V’’; 15 (2) by striking paragraph (1) of section 16 9501(b) (20 U.S.C. 7881(b)) and inserting the fol- 17 lowing: 18 ‘‘(1) IN GENERAL.—This section applies to pro- 19 grams under— 20 ‘‘(A) part C of title I; 21 ‘‘(B) part A of title II, to the extent pro- 22 vided in paragraph (3); 23 ‘‘(C) part A of title III; 24 ‘‘(D) part A of title IV; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01054 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1055 •S 1094 IS ‘‘(E) part B of title IV; 1 ‘‘(F) part D of title IV; and 2 ‘‘(G) part E of title IV.’’; and 3 (3) in section 9534(b) (20 U.S.C. 7914(b)), by 4 striking ‘‘part B of title V’’ each place the term ap- 5 pears and inserting ‘‘part D of title V’’. 6 TITLE X—COMMISSION ON EF- 7 FECTIVE REGULATION AND 8 ASSESSMENT SYSTEMS FOR 9 PUBLIC SCHOOLS 10 SEC. 10011. SHORT TITLE. 11 This title may be cited as the ‘‘Commission on Effec- 12 tive Regulation and Assessment Systems for Public 13 Schools Act’’. 14 SEC. 10012. DEFINITIONS. 15 In this title: 16 (1) CHAIRPERSON.—The term ‘‘Chairperson’’ 17 means the Chairperson of the Commission. 18 (2) COMMISSION.—The term ‘‘Commission’’ 19 means the Commission on Effective Regulation and 20 Assessment Systems for Public Schools. 21 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01055 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1056 •S 1094 IS SEC. 10013. ESTABLISHMENT OF COMMISSION ON EFFEC- 1 TIVE REGULATION AND ASSESSMENT SYS- 2 TEMS FOR PUBLIC SCHOOLS. 3 (a) IN GENERAL.—Not later than 30 days after the 4 date of enactment of this Act, the Secretary shall establish 5 a commission to be known as the ‘‘Commission on Effec- 6 tive Regulation and Assessment Systems for Public 7 Schools’’. 8 (b) PURPOSE.—The Commission shall— 9 (1) examine Federal, State, and local regulatory 10 requirements on elementary and secondary edu- 11 cation; 12 (2) make recommendations on how to align and 13 improve such Federal, State, and local requirements 14 to improve performance and innovation; 15 (3) examine the quality and purpose of current 16 Federal, State, and local assessment requirements; 17 and 18 (4) make recommendations to improve and 19 align assessment systems to provide quality and 20 meaningful information for parents, teachers, and 21 students to improve student achievement, teacher 22 performance, and innovation. 23 (c) MEMBERSHIP.— 24 (1) COMPOSITION.—The Commission shall be 25 composed of— 26 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01056 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1057 •S 1094 IS (A) 4 Governors; 1 (B) 6 State legislators; 2 (C) 2 Chief State school officers; 3 (D) 2 State officials responsible for admin- 4 istering Federal education programs; 5 (E) 4 superintendents; 6 (F) 2 principals; 7 (G) 2 teachers; 8 (H) 2 assessment experts; and 9 (I) 2 teacher and principal effectiveness ex- 10 perts. 11 (2) RECOMMENDATIONS.—The Secretary shall 12 solicit input and nominations for appointing mem- 13 bers of the Commission from— 14 (A) Governors; 15 (B) members of Congress; 16 (C) State legislators; 17 (D) superintendents, principals, teachers, 18 and other members of the education commu- 19 nity; and 20 (E) parents, students, and other members 21 of the general public. 22 (3) DETERMINATION.—The Secretary shall de- 23 termine the membership of the Commission after 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01057 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1058 •S 1094 IS considering recommendations submitted under para- 1 graph (2). 2 (d) CHAIRPERSON.—The Secretary shall designate a 3 Governor as the Chairperson of the Commission. 4 (e) MEETINGS.—The Commission shall hold, at the 5 call of the Chairperson, not less than 1 meeting every 6 6 months. All such meetings shall be open to the public. The 7 Commission may hold, at the call of the Chairperson, such 8 other meetings as the Chairperson sees fit to carry out 9 this title. 10 (f) QUORUM.—A majority of the members of the 11 Commission shall constitute a quorum, but a lesser num- 12 ber of members may hold hearings. 13 (g) INITIAL MEETING.—The Commission shall hold 14 its first meeting not later than 60 days after the date of 15 enactment of this Act. 16 SEC. 10014. POWERS OF THE COMMISSION. 17 (a) HEARINGS.— 18 (1) IN GENERAL.—The Commission shall hold 19 such hearings, sit and act at such times and places, 20 take such testimony, and receive such evidence as 21 the Commission determines appropriate to carry out 22 this title. 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01058 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1059 •S 1094 IS (2) PARTICIPATION.—In hearings held under 1 this subsection, the Commission shall consider invit- 2 ing witnesses from, among other groups— 3 (A) teachers; 4 (B) parents; 5 (C) principals; 6 (D) superintendents; 7 (E) Federal, State, and local educational 8 agency personnel; 9 (F) researchers and other experts; and 10 (G) any other individuals determined ap- 11 propriate by the Commission. 12 (b) INFORMATION FROM FEDERAL AGENCIES.—The 13 Commission may secure directly from any Federal depart- 14 ment or agency such information as the Commission con- 15 siders necessary to carry out this title. Upon request of 16 the Chairperson, the head of such department or agency 17 shall furnish such information to the Commission. 18 SEC. 10015. DUTIES OF THE COMMISSION. 19 (a) DUTIES.— 20 (1) IN GENERAL.—The Commission shall take 21 such actions as it determines necessary to gain a full 22 understanding of the issues of effective regulation 23 and assessment systems for public schools. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01059 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1060 •S 1094 IS (2) AREAS OF EMPHASIS.—The Commission 1 shall focus— 2 (A) in examining the over-regulation of 3 public schools, on— 4 (i) examining Federal, State, and 5 local regulations governing public schools; 6 (ii) differentiating between financial, 7 programmatic, general education, special 8 education, and civil rights requirements; 9 (iii) identifying which government en- 10 tity requires each regulation; 11 (iv) measuring the cost of compliance 12 in terms of funds spent on compliance and 13 time in hours and personnel; 14 (v) identifying duplicative, redundant, 15 or unnecessary regulations at each govern- 16 mental level; and 17 (vi) investigating how Federal, State, 18 and local interpretations of laws and regu- 19 lations create an additional or unnecessary 20 burden and are used as a rationale for im- 21 posing requirements that are not actually 22 mandated by law; and 23 (B) in examining the effective testing of 24 public schools, on— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01060 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1061 •S 1094 IS (i) examining Federal, State, and 1 local testing and standardized assessment 2 requirements for public elementary schools, 3 middle schools, and high schools; 4 (ii) determining the purpose and in- 5 tent of each such test or assessment, in- 6 cluding whether it is intended to measure 7 student achievement and growth, teacher 8 and principal effectiveness, or system ac- 9 countability; 10 (iii) determining the frequency, 11 length, and scheduling of such tests and 12 assessments, and measuring, in hours and 13 days, the student and teacher time spent 14 on testing; 15 (iv) examining standardized assess- 16 ments required by Federal, State, or local 17 requirements, excluding teacher-created 18 tests and quizzes and formative assess- 19 ments; 20 (v) reporting on the quality of stand- 21 ardized assessments; 22 (vi) examining reporting practices of 23 test results and the degree to which such 24 results are returned in a timely manner 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01061 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1062 •S 1094 IS with sufficient quality to be useful to par- 1 ents, teachers and principals, and students 2 to inform and improve their work, includ- 3 ing targeting instruction to student needs, 4 grading student work, and evaluating 5 teacher and principal effectiveness; 6 (vii) analyzing the ability of quality 7 assessments to measure whether a student 8 is prepared to graduate from high school 9 and pursue college or a career without the 10 need for academic remediation; 11 (viii) examining what factors most 12 contribute to quality assessments and the 13 extent to which high-quality assessments 14 can advance student learning; 15 (ix) determining the technology infra- 16 structure required for next generation as- 17 sessments; and 18 (x) identifying opportunities to im- 19 prove assessment practices to better pro- 20 mote parent, teacher and principal, and 21 student understanding of progress toward 22 college and career readiness and public un- 23 derstanding of school performance and 24 educational productivity. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01062 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1063 •S 1094 IS (3) SAMPLES.—In conducting its work under 1 this title, the Commission may rely on samples of 2 States and local educational agencies for examples of 3 regulations and testing requirements. 4 (b) REPORTS.— 5 (1) IN GENERAL.—Subject to paragraph (2), 6 the Commission shall provide regular reports in a 7 manner and form of the Commission’s choosing to— 8 (A) the Secretary; and 9 (B) the members of the authorizing com- 10 mittees. 11 (2) ANNUAL REPORT.—Not later than 1 year 12 after the date of the first meeting of the Commis- 13 sion, and annually thereafter, the Commission shall 14 issue a report to— 15 (A) the Secretary; and 16 (B) the members of the authorizing com- 17 mittees. 18 (3) PUBLIC REPORT.—The Commission shall— 19 (A) prepare a report— 20 (i) analyzing findings of the Commis- 21 sion; and 22 (ii) making recommendations for Fed- 23 eral, State, and local policy makers; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01063 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1064 •S 1094 IS (B) broadly disseminate such report to the 1 general public. 2 (c) TESTIMONY.—The Chairperson shall annually 3 provide testimony to the authorizing committees. 4 SEC. 10016. COMMISSION PERSONNEL MATTERS. 5 (a) COMPENSATION OF MEMBERS.—Each member of 6 the Commission shall serve without compensation in addi- 7 tion to any such compensation received for the member’s 8 service as an officer or employee of the United States, if 9 applicable. 10 (b) TRAVEL EXPENSES.—The members of the Com- 11 mission shall be allowed travel expenses, including per 12 diem in lieu of subsistence, at rates authorized for employ- 13 ees of agencies under subchapter 1 of chapter 57 of title 14 5, United States Code, while away from their homes or 15 regular places of business in the performance of services 16 for the Commission. 17 (c) ASSISTANCE.— 18 (1) IN GENERAL.—The Assistant Secretary of 19 Elementary and Secondary Education shall provide 20 assistance to the Commission, upon request of the 21 Commission, without reimbursement. 22 (2) DETAIL OF GOVERNMENT EMPLOYEES.— 23 Any Federal Government employee may be detailed 24 to the Commission without reimbursement, and such 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01064 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1065 •S 1094 IS detail shall be without interruption or loss of civil 1 service status or privilege. 2 TITLE XI—AMENDMENTS TO 3 OTHER LAWS; MISCELLA- 4 NEOUS PROVISIONS 5 PART A—AMENDMENTS TO OTHER LAWS 6 Subpart 1—McKinney-Vento Homeless Assistance Act 7 SEC. 11011. SHORT TITLE. 8 This subpart may be cited as the ‘‘McKinney-Vento 9 Homeless Education Reauthorization Act of 2013’’. 10 SEC. 11012. EDUCATION FOR HOMELESS CHILDREN AND 11 YOUTH. 12 Subtitle B of title VII of the McKinney-Vento Home- 13 less Assistance Act (42 U.S.C. 11431 et seq.) is amended 14 to read as follows: 15 ‘‘Subtitle B—Education for 16 Homeless Children and Youth 17 ‘‘SEC. 721. STATEMENT OF POLICY. 18 ‘‘The following is the policy of Congress: 19 ‘‘(1) Each State shall ensure that each home- 20 less child and youth has access to the same free ap- 21 propriate public education, including a public pre- 22 school education, as is provided to other children 23 and youth. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01065 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1066 •S 1094 IS ‘‘(2) In any State where compulsory residency 1 requirements or other requirements of laws, regula- 2 tions, practices, or policies may act as a barrier to 3 the identification, enrollment, attendance, or success 4 in school of homeless children and youth, the State 5 shall review and revise such laws, regulations, prac- 6 tices, or policies to ensure that homeless children 7 and youth are afforded the same free appropriate 8 public education as is provided to other children and 9 youth. 10 ‘‘(3) Homelessness is not a sufficient reason to 11 separate students from the mainstream school envi- 12 ronment. 13 ‘‘(4) Homeless children and youth shall have 14 access to the education and other services that such 15 children and youth need to ensure that such children 16 and youth have an opportunity to meet the same col- 17 lege and career ready State student academic 18 achievement standards to which all students are 19 held. 20 ‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR 21 THE EDUCATION OF HOMELESS CHILDREN 22 AND YOUTH. 23 ‘‘(a) GENERAL AUTHORITY.—The Secretary is au- 24 thorized to make grants to States from allotments made 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01066 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1067 •S 1094 IS under subsection (c) and in accordance with this section 1 to enable such States to carry out the activities described 2 in subsections (d) through (g). 3 ‘‘(b) APPLICATION.—In order for a State to be eligi- 4 ble to receive a grant under this section, the State edu- 5 cational agency, in consultation with other relevant State 6 agencies, shall submit an application to the Secretary at 7 such time, in such manner, and containing or accompanied 8 by such information as the Secretary may reasonably re- 9 quire. 10 ‘‘(c) ALLOCATION AND RESERVATIONS.— 11 ‘‘(1) ALLOCATION.— 12 ‘‘(A) IN GENERAL.—Subject to subpara- 13 graph (C), the Secretary is authorized to allot 14 to each State an amount that bears the same 15 ratio to the amount appropriated for such year 16 under section 727 that remains after the Sec- 17 retary reserves funds under paragraph (2) and 18 uses funds to carry out section 724 (d) and (h), 19 as the amount allocated under section 1122 of 20 the Elementary and Secondary Education Act 21 of 1965 (20 U.S.C. 6332) to the State for that 22 year bears to the total amount allocated under 23 section 1122 of such Act to all States for that 24 year, except as provided in subparagraph (B). 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01067 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1068 •S 1094 IS ‘‘(B) MINIMUM ALLOTMENTS.—No State 1 shall receive for a fiscal year less under this 2 paragraph than the greater of— 3 ‘‘(i) $300,000; or 4 ‘‘(ii) an amount that bears the same 5 ratio to the amount appropriated for such 6 year under section 727 that remains after 7 the Secretary reserves funds under para- 8 graph (2) and uses funds to carry out sec- 9 tion 724 (d) and (h), as the amount the 10 State received under this paragraph for the 11 preceding fiscal year bears to the total 12 amount received by all States under this 13 paragraph for the preceding fiscal year. 14 ‘‘(C) REDUCTION FOR INSUFFICIENT 15 FUNDS.—If there are insufficient funds in a fis- 16 cal year to allot to each State the minimum 17 amount under subparagraph (B), the Secretary 18 shall ratably reduce the allotments to all States 19 based on the proportionate share that each 20 State received under this subsection for the pre- 21 ceding fiscal year. 22 ‘‘(2) RESERVATIONS.— 23 ‘‘(A) STUDENTS IN TERRITORIES.—The 24 Secretary is authorized to reserve 0.1 percent of 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01068 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1069 •S 1094 IS the amount appropriated for each fiscal year 1 under section 727 to be allocated by the Sec- 2 retary among the United States Virgin Islands, 3 Guam, American Samoa, and the Common- 4 wealth of the Northern Mariana Islands, ac- 5 cording to their respective need for assistance 6 under this subtitle, as determined by the Sec- 7 retary. Funds allocated under this subpara- 8 graph shall be used for programs that are con- 9 sistent with the purposes of the programs de- 10 scribed in this subtitle. 11 ‘‘(B) INDIAN STUDENTS.— 12 ‘‘(i) TRANSFER.—The Secretary shall 13 transfer 1 percent of the amount appro- 14 priated for each fiscal year under section 15 727 to the Department of the Interior for 16 programs that are for Indian students 17 served by schools funded by the Secretary 18 of the Interior, as determined under the 19 Indian Self-Determination and Education 20 Assistance Act (25 U.S.C. 450 et seq.), 21 and that are consistent with the purposes 22 of the programs described in this subtitle. 23 ‘‘(ii) AGREEMENT.—The Secretary of 24 Education and the Secretary of the Inte- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01069 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1070 •S 1094 IS rior shall enter into an agreement, con- 1 sistent with the requirements of this sub- 2 title, for the distribution and use of the 3 funds described in clause (i) under terms 4 that the Secretary of Education determines 5 best meet the purposes of the programs de- 6 scribed in this subtitle. Such agreement 7 shall set forth the plans of the Secretary of 8 the Interior for the use of the funds trans- 9 ferred, including appropriate goals, objec- 10 tives, and milestones for that use. 11 ‘‘(d) STATE ACTIVITIES.—Grant funds from a grant 12 made to a State under this section shall be used for the 13 following: 14 ‘‘(1) To provide activities for and services to 15 improve the identification of homeless children and 16 youth and enable such children and youth to enroll 17 in, attend, and succeed in school, including in early 18 childhood education programs. 19 ‘‘(2) To establish or designate an Office of the 20 Coordinator for Education of Homeless Children and 21 Youth in the State educational agency in accordance 22 with subsection (f) that has sufficient knowledge, 23 authority, and time to carry out the duties described 24 in this subtitle. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01070 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1071 •S 1094 IS ‘‘(3) To prepare and carry out the State plan 1 described in subsection (g). 2 ‘‘(4) To develop and implement professional de- 3 velopment activities for liaisons designated under 4 subsection (g)(1)(J)(ii), other local educational agen- 5 cy and school personnel, and community agencies— 6 ‘‘(A) to improve their identification of 7 homeless children and youth; and 8 ‘‘(B) to improve their awareness of, and 9 capacity to respond to, specific needs in the 10 education of homeless children and youth. 11 ‘‘(e) STATE AND LOCAL SUBGRANTS.— 12 ‘‘(1) MINIMUM DISBURSEMENTS BY STATES.— 13 From the grant funds made available each year to 14 a State under subsection (a) to carry out this sub- 15 title, the State educational agency shall distribute 16 not less than 75 percent by making subgrants under 17 section 723 to local educational agencies for the pur- 18 poses of carrying out section 723. 19 ‘‘(2) USE BY STATE EDUCATIONAL AGENCY.— 20 A State educational agency may use any grant funds 21 remaining after making subgrants under section 723 22 to conduct activities under subsection (f) directly or 23 through making grants or entering into contracts. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01071 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1072 •S 1094 IS ‘‘(3) PROHIBITION ON SEGREGATING HOMELESS 1 STUDENTS.—In providing a free public education to 2 a homeless child or youth, no State receiving funds 3 under this subtitle shall segregate such child or 4 youth in a separate school, or in a separate program 5 within a school, based on such child’s or youth’s sta- 6 tus as homeless. 7 ‘‘(f) FUNCTIONS OF THE OFFICE OF THE COORDI- 8 NATOR.—The Coordinator for Education of Homeless 9 Children and Youth established in each State shall— 10 ‘‘(1) gather and make publicly available reliable, 11 valid, and comprehensive information on— 12 ‘‘(A) the nature and extent of the problems 13 homeless children and youth have in gaining ac- 14 cess to public preschool programs, and to public 15 elementary schools and secondary schools; 16 ‘‘(B) the difficulties in identifying the spe- 17 cial needs and barriers to participation and 18 achievement of such children and youth; 19 ‘‘(C) any progress made by the State edu- 20 cational agency and local educational agencies 21 in the State in addressing such problems and 22 difficulties; and 23 ‘‘(D) the success of the programs under 24 this subtitle in identifying homeless children 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01072 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1073 •S 1094 IS and youth and allowing homeless children and 1 youth to enroll in, attend, and succeed in, 2 school; and 3 ‘‘(2) develop and carry out the State plan de- 4 scribed in subsection (g); 5 ‘‘(3) collect data for and transmit to the Sec- 6 retary, at such time and in such manner as the Sec- 7 retary may require, reports containing such informa- 8 tion as the Secretary determines is necessary to as- 9 sess the educational needs of homeless children and 10 youth within the State, including data requested 11 pursuant to section 724(h); 12 ‘‘(4) improve the provision of comprehensive 13 education and related support services to homeless 14 children and youth and their families, and to mini- 15 mize educational disruption, through coordination of 16 activities, and collaboration with— 17 ‘‘(A) educators, including teachers, admin- 18 istrators, special education personnel, and child 19 development and preschool program personnel; 20 ‘‘(B) providers of services to homeless chil- 21 dren and youth and homeless families, public 22 and private child welfare and social services 23 agencies, law enforcement agencies, juvenile and 24 family courts, agencies providing mental health 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01073 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1074 •S 1094 IS services, domestic violence agencies, child care 1 providers, runaway and homeless youth centers, 2 and providers of services and programs funded 3 under the Runaway and Homeless Youth Act 4 (42 U.S.C. 5701 et seq.); 5 ‘‘(C) providers of emergency, transitional, 6 and permanent housing to homeless children 7 and youth, and their families, including public 8 housing agencies, shelter operators, operators of 9 transitional housing facilities, and providers of 10 transitional living programs for homeless youth; 11 ‘‘(D) local educational agency liaisons des- 12 ignated under subsection (g)(1)(J)(ii) for home- 13 less children and youth; and 14 ‘‘(E) community organizations and groups 15 representing homeless children and youth and 16 their families; 17 ‘‘(5) provide professional development and tech- 18 nical assistance to and conduct monitoring of local 19 educational agencies, in coordination with local edu- 20 cational agency liaisons designated under subsection 21 (g)(1)(J)(ii), to ensure that local educational agen- 22 cies comply with the requirements of paragraphs (3) 23 through (8) of subsection (g), and subsection (e)(3); 24 and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01074 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1075 •S 1094 IS ‘‘(6) make opportunities available for teachers 1 and local educational agency liaisons designated 2 under subsection (g)(1)(J)(ii) to participate in ongo- 3 ing and relevant professional development programs 4 and activities. 5 ‘‘(g) STATE PLAN.— 6 ‘‘(1) IN GENERAL.—Each State shall submit to 7 the Secretary and implement a plan to provide for 8 the education of all homeless children and youth 9 within the State. Such plan shall include the fol- 10 lowing: 11 ‘‘(A) A description of how such children 12 and youth are (or will be) given the oppor- 13 tunity— 14 ‘‘(i) to meet the same college and ca- 15 reer ready State student academic achieve- 16 ment standards as all students are ex- 17 pected to meet; and 18 ‘‘(ii) to become college and career 19 ready. 20 ‘‘(B) A description of the procedures the 21 State educational agency will use, in coordina- 22 tion with local educational agencies, to identify 23 such children and youth in the State and to as- 24 sess their needs. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01075 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1076 •S 1094 IS ‘‘(C) A description of procedures for the 1 prompt resolution of disputes arising under this 2 subtitle, which shall— 3 ‘‘(i) be developed in coordination and 4 collaboration with the liaisons designated 5 under subparagraph (J)(ii); 6 ‘‘(ii) be readily available and provided 7 in a written format and, to the extent 8 practicable, in a manner and form under- 9 standable to the parents and guardians of 10 homeless children and youth; 11 ‘‘(iii) take into account the edu- 12 cational best interest of the homeless child 13 or youth, or unaccompanied youth, in- 14 volved; and 15 ‘‘(iv) ensure that parents and guard- 16 ians of homeless children and youth, and 17 unaccompanied youth, who have exhausted 18 the procedures available under this para- 19 graph are able to appeal to the State edu- 20 cational agency, and are enrolled in school 21 pursuant to paragraph (4)(C) and receive 22 transportation pursuant to subparagraph 23 (J)(iii) pending final resolution of the dis- 24 pute. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01076 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1077 •S 1094 IS ‘‘(D) A description of programs for school 1 personnel (including the liaisons, principals, at- 2 tendance officers, teachers, enrollment per- 3 sonnel, and specialized instructional support 4 personnel) to increase the awareness of such 5 personnel of the specific needs of homeless ado- 6 lescents, including runaway and homeless 7 youth. 8 ‘‘(E) A description of procedures that en- 9 sure that homeless children and youth are able 10 to participate in Federal, State, or local nutri- 11 tion programs. 12 ‘‘(F) A description of procedures that en- 13 sure that— 14 ‘‘(i) homeless children have access to 15 public preschool programs, administered by 16 the State educational agency or local edu- 17 cational agency, including through the poli- 18 cies and practices required under para- 19 graph (3); 20 ‘‘(ii) homeless youth, including youth 21 separated from public schools, are identi- 22 fied and accorded equal access to appro- 23 priate and available secondary education 24 and support services, including receiving 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01077 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1078 •S 1094 IS appropriate credit for full or partial 1 coursework satisfactorily completed while 2 attending a prior school, and for work 3 completed after their enrollment in a new 4 school, consistent with State graduation re- 5 quirements and accreditation standards; 6 and 7 ‘‘(iii) homeless children and youth 8 who meet the relevant eligibility criteria 9 are able to participate in Federal, State, or 10 local before- and after-school care, magnet 11 schools, summer schools, career and tech- 12 nical education, advanced placement, on- 13 line learning opportunities, charter school 14 programs, and relevant workforce invest- 15 ment programs. 16 ‘‘(G) Strategies to address problems identi- 17 fied in the reports provided to the Secretary 18 under subsection (f)(3). 19 ‘‘(H) Strategies to address other problems 20 with respect to the education of homeless chil- 21 dren and youth, including enrollment problems 22 related to— 23 ‘‘(i) immunization and other required 24 health records and screenings; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01078 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1079 •S 1094 IS ‘‘(ii) residency requirements; 1 ‘‘(iii) lack of birth certificates, school 2 records, or other documentation; 3 ‘‘(iv) guardianship issues; or 4 ‘‘(v) uniform or dress code require- 5 ments. 6 ‘‘(I) A demonstration that the State edu- 7 cational agency, and local educational agencies 8 and schools in the State, have developed and 9 shall regularly review and revise their policies 10 and practices to remove barriers to the identi- 11 fication, enrollment, attendance, retention, and 12 success of homeless children and youth in 13 schools, including early childhood education 14 programs, in the State. 15 ‘‘(J) Assurances that the following will be 16 carried out: 17 ‘‘(i) The State educational agency and 18 local educational agencies in the State will 19 adopt policies and practices to ensure that 20 homeless children and youth are not stig- 21 matized or segregated on the basis of their 22 status as homeless. 23 ‘‘(ii) Local educational agencies will 24 designate an appropriate staff person as 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01079 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1080 •S 1094 IS the local educational agency liaison for 1 homeless children and youth, who shall 2 have sufficient training and time to carry 3 out the duties described in paragraph 4 (7)(A), and who may also be a coordinator 5 for other Federal programs. 6 ‘‘(iii) The State and local educational 7 agencies in the State will adopt policies 8 and practices to ensure that transportation 9 is provided at the request of the parent or 10 guardian involved (or in the case of an un- 11 accompanied youth, the liaison), to and 12 from the school of origin, for as long as 13 the student has the right to attend the 14 school of origin as determined in para- 15 graph (4)(A), in accordance with the fol- 16 lowing, as applicable: 17 ‘‘(I) If the child or youth con- 18 tinues to live in the area served by the 19 local educational agency for the school 20 of origin, the child’s or youth’s trans- 21 portation to and from the school of 22 origin shall be provided or arranged 23 by the local educational agency for the 24 school of origin. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01080 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1081 •S 1094 IS ‘‘(II) If the child’s or youth’s liv- 1 ing arrangements in the area served 2 by the local educational agency of ori- 3 gin terminate and the child or youth, 4 though continuing the child’s or 5 youth’s education in the school of ori- 6 gin, begins living in an area served by 7 another local educational agency, the 8 local educational agency of origin and 9 the local educational agency for the 10 area in which the child or youth is liv- 11 ing shall agree upon a method to ap- 12 portion the responsibility and cost for 13 providing transportation to and from 14 the school of origin. If the local edu- 15 cational agencies are unable to agree 16 upon such method, the responsibility 17 and costs for transportation shall be 18 shared equally between the agencies. 19 ‘‘(iv) The State educational agency 20 and local educational agencies will adopt 21 policies and practices to promote school 22 success for homeless children and youth, 23 including access to full participation in 24 academic and extracurricular activities that 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01081 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1082 •S 1094 IS are made available to non-homeless stu- 1 dents. 2 ‘‘(2) COMPLIANCE.— 3 ‘‘(A) IN GENERAL.—Each plan adopted 4 under this subsection shall also describe how 5 the State will ensure that local educational 6 agencies in the State will comply with the re- 7 quirements of paragraphs (3) through (8). 8 ‘‘(B) COORDINATION.—Such plan shall in- 9 dicate what technical assistance the State will 10 furnish to local educational agencies and how 11 compliance efforts will be coordinated with the 12 local educational agency liaisons designated 13 under paragraph (1)(J)(ii). 14 ‘‘(3) SCHOOL READINESS FOR HOMELESS CHIL- 15 DREN.—Each State plan adopted under this sub- 16 section shall ensure that entities carrying out pre- 17 school programs funded, administered, or overseen 18 by the agency involved— 19 ‘‘(A) identify and prioritize homeless chil- 20 dren for enrollment and increase their enroll- 21 ment and attendance in early childhood edu- 22 cation programs, including through policies 23 such as— 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01082 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1083 •S 1094 IS ‘‘(i) reserving spaces in preschool pro- 1 grams for homeless children; 2 ‘‘(ii) conducting targeted outreach to 3 homeless children and their families; 4 ‘‘(iii) waiving application deadlines; 5 ‘‘(iv) providing ongoing professional 6 development for staff regarding the needs 7 of homeless children and their families and 8 strategies to serve the children and fami- 9 lies; and 10 ‘‘(v) developing the capacity to serve 11 all identified homeless children; and 12 ‘‘(B) review the educational and related 13 needs of homeless children and their families in 14 such agency’s service area, in coordination with 15 the liaison designated under paragraph 16 (1)(J)(ii). 17 ‘‘(4) LOCAL EDUCATIONAL AGENCY REQUIRE- 18 MENTS.— 19 ‘‘(A) IN GENERAL.—The local educational 20 agency serving each child or youth to be as- 21 sisted under this subtitle shall, according to the 22 child’s or youth’s best interest— 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01083 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1084 •S 1094 IS ‘‘(i) continue the child’s or youth’s 1 education in the school of origin for the 2 duration of homelessness— 3 ‘‘(I) in any case in which the 4 child or youth becomes a homeless 5 child or youth between academic years 6 or during an academic year; and 7 ‘‘(II) for the remainder of the 8 academic year, if the child or youth 9 becomes permanently housed during 10 an academic year; or 11 ‘‘(ii) enroll the child or youth in any 12 public school that nonhomeless students 13 who live in the attendance area in which 14 the child or youth is actually living are eli- 15 gible to attend. 16 ‘‘(B) BEST INTEREST IN SCHOOL STA- 17 BILITY.—In determining the best interest of the 18 child or youth under subparagraph (A), the 19 local educational agency shall— 20 ‘‘(i) presume that keeping a homeless 21 child or youth in the school of origin is in 22 the child’s or youth’s best interest, except 23 when doing so is contrary to the wishes of 24 the child’s or youth’s parent or guardian; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01084 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1085 •S 1094 IS ‘‘(ii) consider student-centered factors 1 related to the child’s or youth’s best inter- 2 est, including factors related to the impact 3 of mobility on achievement, education, 4 health, and safety of homeless children and 5 youth, giving priority to the wishes of the 6 homeless child’s or youth’s parent or 7 guardian or the unaccompanied youth in- 8 volved; 9 ‘‘(iii) if, after conducting the best in- 10 terest determination described in clause 11 (ii), the local educational agency deter- 12 mines that it is not in the child’s or 13 youth’s best interest to attend the school of 14 origin or the school requested by the par- 15 ent, guardian, or unaccompanied youth, 16 provide, in coordination with the local edu- 17 cation agency liaison, the homeless child’s 18 or youth’s parent or guardian or the unac- 19 companied youth, with a written expla- 20 nation in a manner or form understandable 21 to such parent, guardian, or youth, to the 22 extent practicable, including a statement 23 regarding the right to appeal under sub- 24 paragraph (E); 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01085 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1086 •S 1094 IS ‘‘(iv) in the case of an unaccompanied 1 youth, ensure that the local educational 2 agency liaison assists in placement or en- 3 rollment decisions under this subpara- 4 graph, gives priority to the views of such 5 unaccompanied youth, and provides notice 6 to such youth of the right to appeal under 7 subparagraph (E); and 8 ‘‘(v) provide transportation pursuant 9 to paragraphs (1)(J)(iii) and (5). 10 ‘‘(C) ENROLLMENT.— 11 ‘‘(i) ENROLLMENT.—The school se- 12 lected in accordance with this paragraph 13 shall immediately enroll the homeless child 14 or youth, even if the child or youth— 15 ‘‘(I) is unable to produce records 16 traditionally required for enrollment, 17 including previous academic records, 18 health records, proof of residency or 19 guardianship, or other documentation; 20 ‘‘(II) has unpaid fines or fees 21 from prior schools or is unable to pay 22 fees in the school selected; or 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01086 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1087 •S 1094 IS ‘‘(III) has missed application or 1 enrollment deadlines during any pe- 2 riod of homelessness. 3 ‘‘(ii) CONTACTING SCHOOL LAST AT- 4 TENDED.—The enrolling school shall im- 5 mediately contact the school last attended 6 by the child or youth to obtain relevant 7 academic and other records. 8 ‘‘(iii) RELEVANT HEALTH RECORDS.— 9 If the child or youth needs to obtain immu- 10 nizations or other required health records, 11 the enrolling school shall immediately en- 12 roll the child or youth and immediately 13 refer the parent or guardian of the child or 14 youth, or the unaccompanied youth, to the 15 local educational agency liaison designated 16 under paragraph (1)(J)(ii), who shall as- 17 sist in obtaining necessary immunizations 18 or screenings, or immunization or other re- 19 quired health records in accordance with 20 subparagraph (D). 21 ‘‘(iv) NO LIABILITY.—Whenever the 22 school selected enrolls an unaccompanied 23 youth in accordance with this paragraph, 24 no liability shall be imposed upon the 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01087 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1088 •S 1094 IS school by reason of enrolling the youth 1 without parent or guardian consent. 2 ‘‘(D) RECORDS.—Any record ordinarily 3 kept by the school, including immunizations or 4 medical records, academic records, birth certifi- 5 cates, guardianship records, and evaluations for 6 special services or programs, regarding each 7 homeless child or youth shall be maintained— 8 ‘‘(i) so that the records involved are 9 available when a homeless child or youth 10 enters a new school or school district, even 11 if the child or youth owes fees or fines or 12 did not withdraw from the previous school 13 in conformance with local withdrawal pro- 14 cedures; and 15 ‘‘(ii) in a manner consistent with sec- 16 tion 444 of the General Education Provi- 17 sions Act (20 U.S.C. 1232g). 18 ‘‘(E) DISPUTES.—If a dispute arises over 19 eligibility, enrollment, school selection, or serv- 20 ice in a public school or public preschool, or any 21 other issue relating to services under this sub- 22 title— 23 ‘‘(i) in the case of a dispute relating 24 to eligibility for enrollment or school selec- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01088 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1089 •S 1094 IS tion, the child or youth shall be imme- 1 diately enrolled in the school in which en- 2 rollment is sought, pending final resolution 3 of the dispute including all available ap- 4 peals; 5 ‘‘(ii) the parent or guardian of the 6 child or youth shall be provided with a 7 written explanation of the school’s decision 8 regarding eligibility for enrollment, school 9 selection, or services, made by the school 10 or the local educational agency, which shall 11 include information about the right to ap- 12 peal the decision; 13 ‘‘(iii) the child, youth, parent, or 14 guardian shall be referred to the local edu- 15 cational agency liaison designated under 16 paragraph (1)(J)(ii), who shall carry out 17 the dispute resolution process as described 18 in paragraph (1)(C) as expeditiously as 19 possible after receiving notice of such dis- 20 pute; and 21 ‘‘(iv) in the case of an unaccompanied 22 youth, the liaison shall ensure that the 23 youth is immediately enrolled in the school 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01089 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1090 •S 1094 IS in which the youth seeks enrollment, pend- 1 ing resolution of such dispute. 2 ‘‘(F) PLACEMENT CHOICE.—The choice re- 3 garding placement shall be made regardless of 4 whether the child or youth involved lives with 5 the homeless parents or has been temporarily 6 placed elsewhere. 7 ‘‘(G) SCHOOL OF ORIGIN DEFINED.— 8 ‘‘(i) IN GENERAL.—In this paragraph, 9 the term ‘school of origin’ means the 10 school that a child or youth attended when 11 permanently housed or the school in which 12 the child or youth was last enrolled. 13 ‘‘(ii) RECEIVING SCHOOL.—When a 14 child or youth completes the final grade 15 level served by the school of origin, as de- 16 scribed in clause (i), the term ‘school of or- 17 igin’ shall include the designated receiving 18 school at the next grade level for the feeder 19 school that the child or youth attended. 20 ‘‘(H) CONTACT INFORMATION.—Nothing 21 in this subtitle shall prohibit a local educational 22 agency from requiring a parent or guardian of 23 a homeless child to submit contact information. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01090 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1091 •S 1094 IS ‘‘(I) PRIVACY.—Information about a home- 1 less child’s or youth’s living situation shall be 2 treated as a student education record under 3 section 444 of the General Education Provi- 4 sions Act (20 U.S.C. 1232g) and shall not be 5 released to housing providers, employers, law 6 enforcement personnel, or other persons or 7 agencies not authorized to have such informa- 8 tion under section 99.31 of title 34, Code of 9 Federal Regulations, paying particular atten- 10 tion to preventing disruption of the living situa- 11 tion of the child or youth and to supporting the 12 safety of such children and youth who are sur- 13 vivors of domestic violence and unaccompanied 14 youth. 15 ‘‘(J) ACADEMIC ACHIEVEMENT.—The 16 school selected in accordance with this para- 17 graph shall ensure that homeless children and 18 youth have opportunities to meet the same col- 19 lege and career ready State student academic 20 achievement standards to which other students 21 are held, including implementing the policies 22 and practices required by paragraph (1)(J)(iv). 23 ‘‘(K) SCHOOL READINESS FOR HOMELESS 24 CHILDREN.—Each local educational agency 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01091 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1092 •S 1094 IS shall ensure school readiness for homeless chil- 1 dren as described in paragraph (3). 2 ‘‘(5) COMPARABLE SERVICES.—In addition to 3 receiving services provided for homeless children and 4 youth under this subtitle or other Federal, State, or 5 local laws, regulations, policies, or practices, each 6 homeless child or youth to be assisted under this 7 subtitle also shall be provided services comparable to 8 services offered to other students in the school se- 9 lected under paragraph (4), including the following: 10 ‘‘(A) Transportation services. 11 ‘‘(B) Educational services for which the 12 child or youth meets the eligibility criteria, in- 13 cluding services provided under title I of the El- 14 ementary and Secondary Education Act of 1965 15 (20 U.S.C. 6301 et seq.), similar State or local 16 programs, charter schools, magnet schools, edu- 17 cational programs for children with disabilities, 18 and educational programs for students with 19 limited English proficiency. 20 ‘‘(C) Programs in career and technical 21 education. 22 ‘‘(D) Programs for gifted and talented stu- 23 dents. 24 ‘‘(E) School nutrition programs. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01092 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1093 •S 1094 IS ‘‘(F) Health and counseling services, as 1 appropriate. 2 ‘‘(6) COORDINATION.— 3 ‘‘(A) IN GENERAL.—Each local educational 4 agency shall coordinate— 5 ‘‘(i) the provision of services under 6 this subtitle with the services of local social 7 services agencies and other agencies or en- 8 tities providing services to homeless chil- 9 dren and youth and their families, includ- 10 ing services and programs funded under 11 the Runaway and Homeless Youth Act (42 12 U.S.C. 5701 et seq.); and 13 ‘‘(ii) transportation, transfer of school 14 records, and other interdistrict activities, 15 with other local educational agencies. 16 ‘‘(B) HOUSING ASSISTANCE.—Each State 17 educational agency and local educational agency 18 that receives assistance under this subtitle shall 19 coordinate, if applicable, with State and local 20 housing agencies responsible for developing a 21 comprehensive housing affordability strategy 22 described in section 105 of the Cranston-Gon- 23 zalez National Affordable Housing Act (42 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01093 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1094 •S 1094 IS U.S.C. 12705) to minimize education disruption 1 for children and youth who become homeless. 2 ‘‘(C) COORDINATION PURPOSE.—The co- 3 ordination required under subparagraphs (A) 4 and (B) shall be designed to— 5 ‘‘(i) ensure that all homeless children 6 and youth are identified within a reason- 7 able time frame; 8 ‘‘(ii) ensure that homeless children 9 and youth have access to and are in rea- 10 sonable proximity to available education 11 and related support services; and 12 ‘‘(iii) raise the awareness of school 13 personnel and service providers of the ef- 14 fects of short-term stays in a shelter and 15 other challenges associated with homeless- 16 ness. 17 ‘‘(D) HOMELESS CHILDREN AND YOUTHS 18 WITH DISABILITIES.—For children and youth 19 who are to be assisted both under this subtitle, 20 and under the Individuals with Disabilities 21 Education Act (20 U.S.C. 1400 et seq.) or sec- 22 tion 504 of the Rehabilitation Act of 1973 (29 23 U.S.C. 794), each local educational agency shall 24 coordinate the provision of services under this 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01094 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1095 •S 1094 IS subtitle with the provision of programs for chil- 1 dren with disabilities served by such local edu- 2 cational agency and other involved local edu- 3 cational agencies. 4 ‘‘(7) LOCAL EDUCATIONAL AGENCY LIAISON.— 5 ‘‘(A) DUTIES.—Each local educational 6 agency liaison for homeless children and youth, 7 designated under paragraph (1)(J)(ii), shall en- 8 sure that— 9 ‘‘(i) all homeless children and youth 10 are identified by school personnel and 11 through outreach and coordination activi- 12 ties with other entities and agencies; 13 ‘‘(ii) homeless children and youth are 14 enrolled in, and have a full and equal op- 15 portunity to succeed in, schools of that 16 local educational agency; 17 ‘‘(iii) homeless families, and homeless 18 children and youth, have access to edu- 19 cational services for which such families, 20 children, and youth are eligible, including 21 services through Head Start, Early Head 22 Start, early intervention, and Even Start 23 programs, and preschool programs de- 24 scribed in paragraph (3); 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01095 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1096 •S 1094 IS ‘‘(iv) homeless families, and homeless 1 children and youth, receive referrals to 2 health care services, dental services, mental 3 health and substance abuse services, hous- 4 ing services, and other appropriate serv- 5 ices; 6 ‘‘(v) homeless children and youth are 7 certified as eligible for free meals offered 8 under the Richard B. Russell National 9 School Lunch Act (42 U.S.C. 1751 et seq.) 10 and the Child Nutrition Act of 1966 (42 11 U.S.C. 1771 et seq.), without further ap- 12 plication; 13 ‘‘(vi) the parents or guardians of 14 homeless children and youth are informed 15 of the educational and related opportuni- 16 ties available to their children, including 17 early learning opportunities, and are pro- 18 vided with meaningful opportunities to par- 19 ticipate in the education of their children; 20 ‘‘(vii) public notice of the educational 21 rights of homeless children and youth is in- 22 corporated into documents related to resi- 23 dency requirements or enrollment, provided 24 upon school enrollment and withdrawal, 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01096 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1097 •S 1094 IS posted on the local educational agency’s 1 website, and disseminated in locations fre- 2 quented by parents or guardians of such 3 children and youth, and unaccompanied 4 youth, including schools, shelters, public li- 5 braries, and soup kitchens, in a manner 6 and form understandable to parents and 7 guardians of homeless children and youth 8 and unaccompanied youth; 9 ‘‘(viii) disputes are resolved in accord- 10 ance with paragraph (4)(E); 11 ‘‘(ix) the parent or guardian of a 12 homeless child or youth, and any unaccom- 13 panied youth, is fully informed of all trans- 14 portation services, including transportation 15 to the school of origin, as described in 16 paragraph (1)(J)(iii), and is assisted in ac- 17 cessing transportation to the school that is 18 selected under paragraph (4)(A); 19 ‘‘(x) school personnel are adequately 20 prepared to implement this subtitle and re- 21 ceive professional development, resource 22 materials, technical assistance, and other 23 support; and 24 ‘‘(xi) unaccompanied youth— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01097 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1098 •S 1094 IS ‘‘(I) are enrolled in school; 1 ‘‘(II) have opportunities to meet 2 the same college and career ready 3 State student academic achievement 4 standards to which other students are 5 held, including through implementa- 6 tion of the policies and practices re- 7 quired by subparagraphs (F)(ii) and 8 (J)(iv) of paragraph (1); and 9 ‘‘(III) are informed of their sta- 10 tus as independent students under 11 section 480 of the Higher Education 12 Act of 1965 (20 U.S.C. 1087vv), in- 13 cluding through school counselors that 14 have received professional develop- 15 ment about unaccompanied youth, 16 and receive verification of such status 17 for purposes of the Free Application 18 for Federal Student Aid described in 19 section 483 of such Act (20 U.S.C. 20 1090). 21 ‘‘(B) NOTICE.—State Coordinators ap- 22 pointed under subsection (d)(2) and local edu- 23 cational agencies shall inform school personnel, 24 service providers, and advocates working with 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01098 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1099 •S 1094 IS homeless families and homeless children and 1 youth of the contact information and duties of 2 the local educational agency liaisons, including 3 publishing an annually updated list of the liai- 4 sons on the State educational agency’s website. 5 ‘‘(C) LOCAL AND STATE COORDINATION.— 6 The local educational agency liaisons shall, as a 7 part of their duties, coordinate and collaborate 8 with the State Coordinators and community 9 and school personnel responsible for the provi- 10 sion of education and related support services 11 to homeless children and youth. Such coordina- 12 tion shall include collecting and providing to the 13 State Coordinator the reliable, valid, and com- 14 prehensive data needed to meet the require- 15 ments of paragraphs (1) and (3) of subsection 16 (f). 17 ‘‘(D) PROFESSIONAL DEVELOPMENT.—The 18 local educational agency liaisons shall partici- 19 pate in the professional development and other 20 technical assistance activities provided by the 21 State Coordinator pursuant to subsection (f)(5). 22 ‘‘(8) SCHOOL READINESS FOR HOMELESS CHIL- 23 DREN.—The State educational agency, and the local 24 educational agencies in the State, shall ensure that 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01099 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1100 •S 1094 IS the programs serving public preschool children com- 1 ply with the requirements of this subtitle. 2 ‘‘(h) EMERGENCY DISASTER GRANTS.— 3 ‘‘(1) IN GENERAL.—The Secretary shall make 4 emergency disaster grants to eligible local edu- 5 cational agencies and eligible States described in 6 paragraph (2), in order to increase the capacity for 7 such local educational agencies and States to re- 8 spond to major disasters. 9 ‘‘(2) ELIGIBILITY; APPLICATION.— 10 ‘‘(A) ELIGIBILITY.— 11 ‘‘(i) LOCAL EDUCATIONAL AGENCY 12 ELIGIBILITY.—A local educational agency 13 shall be eligible to receive an emergency 14 disaster grant under this subsection, based 15 on demonstrated need, if such local edu- 16 cational agency’s enrollment of homeless 17 children and youth has increased as a re- 18 sult of a hurricane, flood, or other natural 19 disaster for which the President declared a 20 major disaster under title IV of the Robert 21 T. Stafford Disaster Relief and Emergency 22 Assistance Act (42 U.S.C. 5170 et seq.). 23 ‘‘(ii) STATE ELIGIBILITY.—A State, 24 through the Office of the Coordinator for 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01100 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1101 •S 1094 IS Education of Homeless Children and 1 Youths in the State educational agency, 2 shall be eligible to receive an emergency 3 disaster grant under this subsection if 4 there are 1 or more eligible local edu- 5 cational agencies, as described in clause 6 (i), located within the State. 7 ‘‘(B) APPLICATION.—In order for an eligi- 8 ble State or an eligible local educational agency 9 to receive a grant under this subsection, the 10 State educational agency, in consultation with 11 other relevant State agencies, or local edu- 12 cational agency shall submit an application to 13 the Secretary at such time, in such manner, 14 and containing or accompanied by such infor- 15 mation as the Secretary may reasonably re- 16 quire. 17 ‘‘(3) DISTRIBUTION OF GRANTS.—The Sec- 18 retary shall distribute emergency disaster grant 19 funds— 20 ‘‘(A) based on demonstrated need, to State 21 educational agencies or local educational agen- 22 cies for local educational agencies whose enroll- 23 ment of homeless children and youths has in- 24 creased as a result of a hurricane, flood, or 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01101 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1102 •S 1094 IS other natural disaster for which the President 1 has declared a major disaster under title IV of 2 the Robert T. Stafford Disaster Relief and 3 Emergency Assistance Act (42 U.S.C. 5170 et 4 seq.); 5 ‘‘(B) expeditiously, and in no case later 6 than 75 days after such funds are appropriated 7 to the Secretary; and 8 ‘‘(C) in a manner that enables local edu- 9 cational agencies to use such funds for the im- 10 mediate needs of disaster response and ongoing 11 disaster recovery. 12 ‘‘(4) AMOUNT OF GRANTS.—The Secretary shall 13 distribute grants under this subsection in amounts 14 determined by the Secretary and related to the in- 15 crease in enrollment of homeless children and youths 16 as a result of such major disaster. 17 ‘‘(5) USES OF FUNDS.—A local educational 18 agency or State educational agency that receives an 19 emergency disaster grant under this subsection shall 20 use the grant funds to carry out the activities de- 21 scribed in section 723(d). 22 ‘‘(6) RESTRICTION.—The Secretary— 23 ‘‘(A) shall determine the amount (if any) 24 by which the funds appropriated under section 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01102 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1103 •S 1094 IS 727 for fiscal year 2009 exceed $70,000,000; 1 and 2 ‘‘(B) may only use funds from that amount 3 to carry out this subsection. 4 ‘‘SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR 5 THE EDUCATION OF HOMELESS CHILDREN 6 AND YOUTH. 7 ‘‘(a) GENERAL AUTHORITY.— 8 ‘‘(1) IN GENERAL.—The State educational 9 agency shall, in accordance with section 722(e), and 10 from amounts made available to such agency under 11 section 727, make subgrants to local educational 12 agencies for the purpose of facilitating the identifica- 13 tion, enrollment, attendance, and success in school 14 of homeless children and youth. 15 ‘‘(2) SERVICES.— 16 ‘‘(A) IN GENERAL.—Services under para- 17 graph (1)— 18 ‘‘(i) may be provided through pro- 19 grams on school grounds or at other facili- 20 ties; and 21 ‘‘(ii) shall, to the maximum extent 22 practicable, be provided through existing 23 programs and mechanisms that integrate 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01103 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1104 •S 1094 IS homeless children and youth with non- 1 homeless children and youth. 2 ‘‘(B) SERVICES ON SCHOOL GROUNDS.—If 3 services under paragraph (1) are provided to 4 homeless children and youth on school grounds, 5 the school involved may use funds under this 6 subtitle to provide the same services to other 7 children and youth who are determined by the 8 local educational agency serving the school to be 9 at risk of failing in, or dropping out of, school. 10 ‘‘(3) REQUIREMENT.—Services provided under 11 this section shall not replace the regular academic 12 program and shall be designed to expand upon or 13 improve services provided as part of the school’s reg- 14 ular academic program. 15 ‘‘(4) DURATION OF GRANTS.—Subgrants 16 awarded under this section shall be for terms of not 17 to exceed 3 years. 18 ‘‘(b) APPLICATION.—A local educational agency that 19 desires to receive a subgrant under this section shall sub- 20 mit an application to the State educational agency at such 21 time, in such manner, and containing or accompanied by 22 such information as the State educational agency may rea- 23 sonably require. Such application shall include the fol- 24 lowing: 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01104 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1105 •S 1094 IS ‘‘(1) An assessment of the educational and re- 1 lated needs of homeless children and youth in the 2 area served by the local educational agency (which 3 may be undertaken as part of a needs assessment 4 for another disadvantaged group). 5 ‘‘(2) A description of the services and programs 6 for which assistance is sought to address the needs 7 identified in paragraph (1). 8 ‘‘(3) An assurance that the local educational 9 agency’s combined fiscal effort per student, or the 10 aggregate expenditures of that agency and the State 11 with respect to the provision of free public education 12 by such agency for the fiscal year preceding the fis- 13 cal year for which the subgrant determination is 14 made, was not less than 90 percent of such com- 15 bined fiscal effort or aggregate expenditures for the 16 second fiscal year preceding the fiscal year for which 17 the determination is made. 18 ‘‘(4) An assurance that the applicant complies 19 with, or will use requested funds to comply with, 20 paragraphs (3) through (7) of section 722(g). 21 ‘‘(5) A description of policies and procedures 22 that the agency will implement to ensure that activi- 23 ties carried out by the agency will not isolate or stig- 24 matize homeless children and youth. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01105 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1106 •S 1094 IS ‘‘(6) An assurance that the local educational 1 agency will collect and promptly provide data re- 2 quested by the State Coordinator pursuant to para- 3 graphs (1) and (3) of section 722(f). 4 ‘‘(7) An assurance that the local educational 5 agency has removed the policies and practices that 6 have created barriers to the identification, enroll- 7 ment, attendance, retention, and success in school of 8 all homeless children and youth. 9 ‘‘(c) AWARDS.— 10 ‘‘(1) IN GENERAL.—The State educational 11 agency shall, in accordance with the requirements of 12 this subtitle and from amounts made available to it 13 under section 722(a), make subgrants on a competi- 14 tive basis to local educational agencies that submit 15 applications under subsection (b). Such subgrants 16 shall be awarded on the basis of the need of such 17 agencies for assistance under this subtitle and the 18 quality of the applications submitted. 19 ‘‘(2) NEED.— 20 ‘‘(A) IN GENERAL.—In determining need 21 under paragraph (1), the State educational 22 agency may consider the number of homeless 23 children and youth enrolled in preschool, ele- 24 mentary schools, and secondary schools within 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01106 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1107 •S 1094 IS the area served by the local educational agency, 1 and shall consider the needs of such children 2 and youth and the ability of the local edu- 3 cational agency to meet such needs. 4 ‘‘(B) OTHER CONSIDERATIONS.—The 5 State educational agency may also consider the 6 following: 7 ‘‘(i) The extent to which the proposed 8 use of funds will facilitate the identifica- 9 tion, enrollment, attendance, retention, and 10 educational success of homeless children 11 and youth. 12 ‘‘(ii) The extent to which the applica- 13 tion reflects coordination with other local 14 and State agencies that serve homeless 15 children and youth. 16 ‘‘(iii) The extent to which the appli- 17 cant exhibits in the application and in cur- 18 rent practice (as of the date of submission 19 of the application) a commitment to edu- 20 cation for all homeless children and youth. 21 ‘‘(iv) Such other criteria as the State 22 agency determines to be appropriate. 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01107 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1108 •S 1094 IS ‘‘(3) QUALITY.—In determining the quality of 1 applications under paragraph (1), the State edu- 2 cational agency shall consider each of the following: 3 ‘‘(A) The applicant’s needs assessment 4 under subsection (b)(1) and the likelihood that 5 the program presented in the application will 6 meet such needs. 7 ‘‘(B) The types, intensity, and coordination 8 of services to be provided under the program. 9 ‘‘(C) The extent to which the applicant will 10 promote meaningful involvement of parents or 11 guardians of homeless children or youth in the 12 education of their children. 13 ‘‘(D) The extent to which homeless chil- 14 dren and youth will be integrated into the reg- 15 ular education program involved. 16 ‘‘(E) The quality of the applicant’s evalua- 17 tion plan for the program. 18 ‘‘(F) The extent to which services provided 19 under this subtitle will be coordinated with 20 other services available to homeless children 21 and youth and their families, including housing 22 and social services and services provided under 23 the Individuals with Disabilities Education Act 24 (20 U.S.C. 1400 et seq.), title I of the Elemen- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01108 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1109 •S 1094 IS tary and Secondary Education Act of 1965 (20 1 U.S.C. 6301 et seq.), and similar State and 2 local programs. 3 ‘‘(G) The extent to which the local edu- 4 cational agency will use the subgrant to lever- 5 age resources, including by maximizing 6 nonsubgrant funding for the position of the liai- 7 son described in section 722(g)(1)(J)(ii) and 8 the provision of transportation. 9 ‘‘(H) The local educational agency’s use of 10 funds to serve homeless children and youth 11 under section 1113(c)(3) of the Elementary and 12 Secondary Education Act of 1965 (20 U.S.C. 13 6313(c)(3)). 14 ‘‘(I) The extent to which the applicant’s 15 program meets such other measures as the 16 State educational agency considers to be indic- 17 ative of a high-quality program, including the 18 extent to which the local educational agency will 19 provide services to unaccompanied youth and 20 preschool-aged children. 21 ‘‘(J) The extent to which the application 22 describes how the applicant will meet the re- 23 quirements of section 722(g)(4). 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01109 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1110 •S 1094 IS ‘‘(d) AUTHORIZED ACTIVITIES.—A local educational 1 agency may use funds awarded under this section for ac- 2 tivities that carry out the purpose of this subtitle, includ- 3 ing the following: 4 ‘‘(1) The provision of tutoring, supplemental in- 5 struction, and enriched educational services that are 6 linked to the achievement of the same college and 7 career ready State academic content standards and 8 college and career ready State student academic 9 achievement standards as the State establishes for 10 other children and youth. 11 ‘‘(2) The provision of expedited evaluations of 12 the strengths, needs, and eligibility of homeless chil- 13 dren and youth, including needs and eligibility for 14 programs and services (including educational pro- 15 grams for gifted and talented students, children with 16 disabilities, and students with limited English pro- 17 ficiency, charter school programs, magnet school 18 programs, programs in career and technical edu- 19 cation, and school nutrition programs). 20 ‘‘(3) Professional development and other activi- 21 ties for educators and specialized instructional sup- 22 port personnel that are designed to heighten the un- 23 derstanding and sensitivity of such educators and 24 personnel to the needs of homeless children and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01110 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1111 •S 1094 IS youth, the rights of such children and youth under 1 this subtitle, and the specific educational needs of 2 runaway and homeless youth. 3 ‘‘(4) The provision of referral services to home- 4 less children and youth for medical, dental, mental, 5 and other health services. 6 ‘‘(5) The provision of assistance to defray the 7 cost of transportation under paragraphs (1)(J)(iii) 8 and (5)(A) of section 722(g), not otherwise provided 9 through Federal, State, or local funding. 10 ‘‘(6) The provision of developmentally appro- 11 priate early childhood education programs, not oth- 12 erwise provided through Federal, State, or local 13 funding. 14 ‘‘(7) The provision of services and assistance to 15 attract, engage, and retain homeless children and 16 youth, particularly homeless children and youth who 17 are not enrolled in school, in public school programs 18 and services provided to nonhomeless children and 19 youth. 20 ‘‘(8) The provision for homeless children and 21 youth of before- and after-school, mentoring, and 22 summer programs in which a teacher or other quali- 23 fied individual provides tutoring, homework assist- 24 ance, and supervision of educational activities. 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01111 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1112 •S 1094 IS ‘‘(9) If necessary, the payment of fees and 1 other costs associated with tracking, obtaining, and 2 transferring records necessary to facilitate the ap- 3 propriate placement of homeless children and youth 4 in school, including birth certificates, immunization 5 or other required health records, academic records, 6 guardianship records, and evaluations for special 7 programs or services. 8 ‘‘(10) The provision of education and training 9 to the parents of homeless children and youth about 10 the rights of, and resources available to, such chil- 11 dren and youth, and other activities designed to in- 12 crease the meaningful involvement of families of 13 homeless children or youth in the education of their 14 children. 15 ‘‘(11) The development of coordination of ac- 16 tivities between schools and agencies providing serv- 17 ices to homeless children and youth, as described in 18 section 722(g)(6). 19 ‘‘(12) The provision of specialized instructional 20 support services (including counseling) and referrals 21 for such services. 22 ‘‘(13) Activities to address the particular needs 23 of homeless children and youth that may arise from 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01112 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1113 •S 1094 IS domestic violence and parental mental health or sub- 1 stance abuse problems. 2 ‘‘(14) The adaptation of space and purchase of 3 supplies for any nonschool facilities made available 4 under subsection (a)(2) to provide services under 5 this subsection. 6 ‘‘(15) The provision of school supplies, includ- 7 ing supplies to be distributed at shelters or tem- 8 porary housing facilities, or other appropriate loca- 9 tions. 10 ‘‘(16) The provision of assistance to defray the 11 cost of the position of liaison designated pursuant to 12 section 722(g)(1)(J)(ii), not otherwise provided 13 through Federal, State, or local funding. 14 ‘‘(17) The provision of other extraordinary or 15 emergency assistance needed to enable homeless chil- 16 dren and youth to enroll, attend, and succeed in 17 school, including in early childhood education pro- 18 grams. 19 ‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES. 20 ‘‘(a) REVIEW OF STATE PLANS.—In reviewing the 21 State plan submitted by a State educational agency under 22 section 722(g), the Secretary shall use a peer review proc- 23 ess and shall evaluate whether State laws, policies, and 24 practices described in such plan adequately address the 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01113 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1114 •S 1094 IS problems of all homeless children and youth relating to 1 access to education and placement as described in such 2 plan. 3 ‘‘(b) TECHNICAL ASSISTANCE.—The Secretary 4 shall— 5 ‘‘(1) provide support and technical assistance to 6 State educational agencies to assist such agencies in 7 carrying out their responsibilities under this subtitle; 8 and 9 ‘‘(2) establish or designate a Federal Office of 10 the Coordinator for Education of Homeless Children 11 and Youths that has sufficient capacity, resources, 12 and support to carry out the responsibilities de- 13 scribed in this subtitle. 14 ‘‘(c) NOTICE.— 15 ‘‘(1) IN GENERAL.—The Secretary shall, before 16 the next school year that begins after the date of en- 17 actment of the McKinney-Vento Homeless Education 18 Reauthorization Act of 2013, develop and dissemi- 19 nate a public notice of the educational rights of 20 homeless children and youth. The notice shall in- 21 clude information regarding the definition of home- 22 less children and youth in section 726. 23 ‘‘(2) DISSEMINATION.—The Secretary shall dis- 24 seminate the notice nationally. The Secretary also 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01114 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1115 •S 1094 IS shall disseminate such notice to heads of other De- 1 partment of Education offices, including those re- 2 sponsible for special education programs, higher 3 education, and programs under parts A, B, C, D, G, 4 and H of title I, title III, title IV, and part B of title 5 V of the Elementary and Secondary Education Act 6 of 1965 (20 U.S.C. 6311 et seq., 6361 et seq., 6391 7 et seq., 6421 et seq., 6531 et seq., 6551 et seq., 8 6801 et seq., 7102 et seq., and 7221 et seq.). The 9 Secretary shall also disseminate such notice to heads 10 of other Federal agencies, and grant recipients and 11 other entities carrying out federally funded pro- 12 grams, including Head Start programs, grant recipi- 13 ents under the Health Care for the Homeless pro- 14 gram of the Health Resources and Services Adminis- 15 tration of the Department of Health and Human 16 Services, grant recipients under the Emergency 17 Food and Shelter National Board Program of the 18 Federal Emergency Management Agency, grant re- 19 cipients under the Runaway and Homeless Youth 20 Act (42 U.S.C. 5701 et seq.), grant recipients under 21 the John H. Chafee Foster Care Independence pro- 22 gram, grant recipients under homeless assistance 23 programs administered by the Department of Hous- 24 ing and Urban Development, and recipients of Fed- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01115 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1116 •S 1094 IS eral funding for programs carried out by the Admin- 1 istration on Children, Youth and Families of the De- 2 partment of Health and Human Services. 3 ‘‘(d) EVALUATION AND DISSEMINATION.—The Sec- 4 retary shall conduct evaluation, dissemination, and tech- 5 nical assistance activities for programs that are designed 6 to meet the educational needs of homeless preschool, ele- 7 mentary school, and secondary school students, and may 8 use funds appropriated under section 727 to conduct such 9 activities. 10 ‘‘(e) SUBMISSION AND DISTRIBUTION.—The Sec- 11 retary shall require applications for grants under section 12 722 to be submitted to the Secretary not later than the 13 expiration of the 120-day period beginning on the date 14 that funds are available for purposes of making such 15 grants and shall make such grants not later than the expi- 16 ration of the 180-day period beginning on such date. 17 ‘‘(f) DETERMINATION BY SECRETARY.—The Sec- 18 retary, based on the information received from the States 19 and information gathered by the Secretary under sub- 20 section (h), shall determine the extent to which State edu- 21 cational agencies are ensuring that each homeless child or 22 youth has access to a free appropriate public education, 23 as described in section 721(1). The Secretary shall provide 24 support and technical assistance to State educational 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01116 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1117 •S 1094 IS agencies in areas in which barriers to a free appropriate 1 public education persist. 2 ‘‘(g) PUBLICATION.—The Secretary shall develop, 3 issue, and publish in the Federal Register, not later than 4 90 days after the date of enactment of the McKinney- 5 Vento Homeless Education Reauthorization Act of 2013, 6 a summary of the changes enacted by that Act and related 7 strategies, which summary shall include— 8 ‘‘(1) strategies by which a State can assist local 9 educational agencies to implement the provisions 10 amended by the Act; 11 ‘‘(2) strategies by which a State can review and 12 revise State policies and procedures that may 13 present barriers to the identification, enrollment, at- 14 tendance, and success of homeless children and 15 youth in school; and 16 ‘‘(3) strategies by which entities carrying out 17 preschool programs can implement requirements of 18 section 722(g)(3). 19 ‘‘(h) INFORMATION.— 20 ‘‘(1) IN GENERAL.—From funds appropriated 21 under section 727, the Secretary shall, directly or 22 through grants, contracts, or cooperative agree- 23 ments, periodically but not less frequently than every 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01117 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1118 •S 1094 IS 2 years, collect and disseminate publicly data and in- 1 formation regarding— 2 ‘‘(A) the number of homeless children and 3 youth; 4 ‘‘(B) the education and related support 5 services such children and youth receive; 6 ‘‘(C) the extent to which the needs of 7 homeless children and youth are being met; 8 ‘‘(D) the academic progress being made by 9 homeless children and youth, including the per- 10 cent or number of homeless children and youth 11 participating in State assessments; and 12 ‘‘(E) such other data and information as 13 the Secretary determines to be necessary and 14 relevant to carry out this subtitle. 15 ‘‘(2) COORDINATION.—The Secretary shall co- 16 ordinate such collection and dissemination with 17 other agencies and entities that receive assistance 18 and administer programs under this subtitle. 19 ‘‘(i) REPORT.—Not later than 4 years after the date 20 of enactment of the McKinney-Vento Homeless Education 21 Reauthorization Act of 2013, the Secretary shall prepare 22 and submit to the President and the Committee on Edu- 23 cation and the Workforce of the House of Representatives 24 and the Committee on Health, Education, Labor, and 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01118 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1119 •S 1094 IS Pensions of the Senate a report on the status of the provi- 1 sion of education and related support services to homeless 2 children and youth, which shall include information on— 3 ‘‘(1) the education of homeless children and 4 youth; and 5 ‘‘(2) the actions of the Secretary and the effec- 6 tiveness of the programs supported under this sub- 7 title. 8 ‘‘SEC. 725. RULE OF CONSTRUCTION. 9 ‘‘Nothing in this subtitle shall be construed to dimin- 10 ish the rights of parents or guardians of homeless children 11 or youth, or unaccompanied youth, otherwise provided 12 under State law, policy, or practice, including laws or poli- 13 cies that authorize the best interest determination in sec- 14 tion 722(g)(3) to be made solely by the parent, guardian, 15 or youth involved. 16 ‘‘SEC. 726. DEFINITIONS. 17 ‘‘In this subtitle: 18 ‘‘(1) ENROLL; ENROLLMENT.—The terms ‘en- 19 roll’ and ‘enrollment’ include attending classes and 20 participating fully in school activities. 21 ‘‘(2) HOMELESS CHILDREN AND YOUTH.—The 22 term ‘homeless children and youth’— 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01119 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1120 •S 1094 IS ‘‘(A) means individuals who lack a fixed, 1 regular, and adequate nighttime residence 2 (within the meaning of section 103(a)(1)); and 3 ‘‘(B) includes— 4 ‘‘(i) children and youth who— 5 ‘‘(I) are sharing the housing of 6 other persons due to loss of housing, 7 economic hardship, or a similar rea- 8 son; 9 ‘‘(II) are living in motels, hotels, 10 trailer parks, or camping grounds due 11 to the lack of alternative adequate ac- 12 commodations; 13 ‘‘(III) are living in emergency or 14 transitional shelters; and 15 ‘‘(IV) are abandoned in hospitals; 16 ‘‘(ii) children and youth who have a 17 primary nighttime residence that is a pub- 18 lic or private place not designed for or or- 19 dinarily used as a regular sleeping accom- 20 modation for human beings (within the 21 meaning of section 103(a)(2)(C)); 22 ‘‘(iii) children and youth who are liv- 23 ing in cars, parks, public spaces, aban- 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01120 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1121 •S 1094 IS doned buildings, substandard housing, bus 1 or train stations, or similar settings; and 2 ‘‘(iv) migratory children (as such term 3 is defined in section 1312 of the Elemen- 4 tary and Secondary Education Act of 5 1965) who qualify as homeless for the pur- 6 poses of this subtitle because the children 7 are living in circumstances described in 8 clauses (i) through (iii). 9 ‘‘(3) LOCAL EDUCATIONAL AGENCY; STATE 10 EDUCATIONAL AGENCY.—The terms ‘local edu- 11 cational agency’ and ‘State educational agency’ have 12 the meanings given such terms in section 9101 of 13 the Elementary and Secondary Education Act of 14 1965 (20 U.S.C. 7801). 15 ‘‘(4) SCHOOL.—The term ‘school’ includes char- 16 ter schools, virtual schools, distance learning pro- 17 grams, and other public education programs admin- 18 istered by a State or local educational agency. 19 ‘‘(5) SECRETARY.—The term ‘Secretary’ means 20 the Secretary of Education. 21 ‘‘(6) STATE.—The term ‘State’ means each of 22 the 50 States, the District of Columbia, and the 23 Commonwealth of Puerto Rico. 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01121 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1122 •S 1094 IS ‘‘(7) UNACCOMPANIED YOUTH.—The term ‘un- 1 accompanied youth’ means a homeless child or youth 2 not in the physical custody of a parent or legal 3 guardian. 4 ‘‘SEC. 727. AUTHORIZATION OF APPROPRIATIONS. 5 ‘‘For the purpose of carrying out this subtitle, there 6 are authorized to be appropriated such sums as may be 7 necessary for fiscal year 2014 and each of the 6 suc- 8 ceeding fiscal years.’’. 9 Subpart 2—Advanced Research Projects Agency- 10 Education 11 SEC. 11021. ADVANCED RESEARCH PROJECTS AGENCY-EDU- 12 CATION. 13 The Department of Education Organization Act (20 14 U.S.C. 3401 et seq.) is amended by inserting after section 15 220 the following new section: 16 ‘‘SEC. 221. ADVANCED RESEARCH PROJECTS AGENCY-EDU- 17 CATION. 18 ‘‘(a) ESTABLISHMENT.—There shall be in the De- 19 partment an Advanced Research Projects Agency-Edu- 20 cation (referred to in this section as ‘ARPA-ED’). 21 ‘‘(b) PURPOSES.—ARPA-ED is established under 22 this section for the purposes of pursuing breakthrough re- 23 search and development in educational technology and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01122 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1123 •S 1094 IS providing the effective use of the technology to improve 1 achievement for all students, by— 2 ‘‘(1) identifying and promoting revolutionary 3 advances in fundamental and applied sciences and 4 engineering that could be translated into new learn- 5 ing technologies; 6 ‘‘(2) developing novel learning technologies, and 7 the enabling processes and contexts for effective use 8 of those technologies; 9 ‘‘(3) developing, testing, and evaluating the im- 10 pact and efficacy of those technologies; 11 ‘‘(4) accelerating transformational technological 12 advances in areas in which the private sector, by 13 itself, is not likely to accelerate such advances be- 14 cause of difficulties in implementation or adoption, 15 or technical and market uncertainty; 16 ‘‘(5) coordinating activities with nongovern- 17 mental entities to demonstrate technologies and re- 18 search applications to facilitate technology transfer; 19 and 20 ‘‘(6) encouraging educational research using 21 new technologies and the data produced by the tech- 22 nologies. 23 ‘‘(c) AUTHORITIES OF SECRETARY.—The Secretary 24 is authorized to— 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01123 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1124 •S 1094 IS ‘‘(1) appoint a Director, who shall be respon- 1 sible for carrying out the purposes of ARPA-ED, as 2 described in subsection (b), and such additional 3 functions as the Secretary may prescribe; 4 ‘‘(2) establish processes for the development 5 and execution of projects and the solicitation of enti- 6 ties to carry out the projects in a manner that is— 7 ‘‘(A) tailored to the purposes of ARPA-ED 8 and not constrained by other Department-wide 9 administrative requirements that could detract 10 from achieving program results; and 11 ‘‘(B) designed to heighten transparency, 12 and public- and private-sector involvement, to 13 ensure that investments are made in the most 14 promising areas; 15 ‘‘(3) award grants, contracts, cooperative agree- 16 ments, and cash prizes, and enter into other trans- 17 actions (in accordance with such regulations as the 18 Secretary may establish regarding other trans- 19 actions); 20 ‘‘(4) make appointments of up to 20 scientific, 21 engineering, professional, and other mission-related 22 employees, for periods of up to 4 years (which ap- 23 pointments may not be renewed) without regard to 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01124 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1125 •S 1094 IS the provisions of title 5, United States Code, gov- 1 erning appointments in the competitive service; 2 ‘‘(5)(A) prescribe the rates of basic pay for the 3 personnel described in paragraph (4) at rates not in 4 excess of the maximum rate of basic pay authorized 5 for senior-level positions under section 5376 of title 6 5, United States Code, notwithstanding any provi- 7 sion of that title governing the rates of basic pay or 8 classification of employees in the executive branch, 9 but those personnel shall not receive any payment 10 for service (such as an award, premium payment, in- 11 centive payment or bonus, allowance, or other simi- 12 lar payment) under any other provision of that title; 13 and 14 ‘‘(B) pay any employee appointed pursuant to 15 paragraph (4) payments in addition to that basic 16 pay, except that the total amount of those payments 17 for any calendar year shall not exceed the lesser 18 of— 19 ‘‘(i) $25,000; or 20 ‘‘(ii) the difference between the employee’s 21 annual rate of basic pay under paragraph (4) 22 and the annual rate for level I of the Executive 23 Schedule under section 5312 of title 5, United 24 States Code, based on the rates in effect at the 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01125 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1126 •S 1094 IS end of the applicable calendar year (or, if the 1 employee separated during that year, on the 2 date of separation); 3 ‘‘(6) obtain independent, periodic, rigorous eval- 4 uations, as appropriate, of— 5 ‘‘(A) the effectiveness of the processes 6 ARPA-ED is using to achieve its purposes; and 7 ‘‘(B) the effectiveness of individual projects 8 assisted by ARPA-ED, using evidence stand- 9 ards developed in consultation with the Insti- 10 tute of Education Sciences, and the suitability 11 of ongoing projects assisted by ARPA-ED for 12 further investment or increased scale; and 13 ‘‘(7) disseminate, through the comprehensive 14 centers established under section 203 of the Edu- 15 cational Technical Assistance Act of 2002 (20 16 U.S.C. 9602), the regional educational laboratories 17 system established under section 174 of the Edu- 18 cation Sciences Reform Act of 2002 (20 U.S.C. 19 9564), or such other means as the Secretary deter- 20 mines to be appropriate, information on effective 21 practices and technologies developed with ARPA-ED 22 support. 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01126 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1127 •S 1094 IS ‘‘(d) EVALUATION FUNDS.—The Secretary may use 1 funds made available for ARPA-ED to pay the cost of the 2 evaluations under subsection (c)(6). 3 ‘‘(e) FEDERAL ADVISORY COMMITTEE ACT.—Not- 4 withstanding any other provision of law, any advisory com- 5 mittee convened by the Secretary to provide advice with 6 respect to this section shall be exempt from the require- 7 ments of the Federal Advisory Committee Act (5 U.S.C. 8 App.) and the definition of ‘employee’ in section 2105 of 9 title 5, United States Code, shall not be considered to in- 10 clude any appointee to such a committee. 11 ‘‘(f) NONDUPLICATION.—To the maximum extent 12 practicable, the Secretary shall ensure that grants, con- 13 tracts, cooperative agreements, cash prizes, or other as- 14 sistance or arrangements awarded or entered into pursu- 15 ant to this section that are designed to carry out the pur- 16 poses of ARPA-ED do not duplicate activities under pro- 17 grams carried out under Federal law other than this sec- 18 tion by the Department or other Federal agencies.’’. 19 PART B—MISCELLANEOUS PROVISIONS 20 SEC. 11211. TECHNICAL AND CONFORMING AMENDMENTS. 21 (a) HIGHER EDUCATION ACT OF 1965.—The Higher 22 Education Act of 1965 (20 U.S.C. 1001 et seq.) is amend- 23 ed as follows: 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01127 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1128 •S 1094 IS (1) Section 103(24)(B) (20 U.S.C. 1 1003(24)(B)) is amended by striking ‘‘students who 2 are limited English proficient’’ and inserting 3 ‘‘English learners’’. 4 (2) Section 200 (20 U.S.C. 1021) is amended— 5 (A) in paragraph (6)(B)(x) by striking 6 ‘‘section 5210’’ and inserting ‘‘section 5411’’; 7 (B) by striking paragraph (8); 8 (C) by redesignating paragraphs (9) 9 through (23) as paragraphs (8) through (22), 10 respectively; 11 (D) by striking paragraph (12), as redesig- 12 nated by subparagraph (C), and inserting the 13 following: 14 ‘‘(12) HIGHLY QUALIFIED TEACHER.—The 15 term ‘highly qualified teacher’ has the meaning 16 given such term in section 9101 of the Elementary 17 and Secondary Education Act of 1965.’’; 18 (E) by striking paragraph (14), as redesig- 19 nated by subparagraph (C), and inserting the 20 following: 21 ‘‘(14) ENGLISH LEARNER.—The term ‘English 22 learner’ has the meaning given the term in section 23 9101 of the Elementary and Secondary Education 24 Act of 1965.’’; 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01128 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1129 •S 1094 IS (F) in paragraph (16)(B)(ii), as redesig- 1 nated by subparagraph (C), by striking ‘‘to be- 2 come highly qualified’’ and inserting ‘‘to become 3 a highly qualified teacher’’; 4 (G) in paragraph (21)(D)(i), as redesig- 5 nated by subparagraph (C), by striking ‘‘be- 6 comes highly qualified’’ and inserting ‘‘becomes 7 a highly qualified teacher’’; and 8 (H) in paragraph (22)(D)(iii), as redesig- 9 nated by subparagraph (C), by striking ‘‘stu- 10 dents who are limited English proficient’’ and 11 inserting ‘‘English learners’’. 12 (3) Section 202 (20 U.S.C. 1022a) is amend- 13 ed— 14 (A) in subsection (b)(6)— 15 (i) in subparagraph (E)(ii), by strik- 16 ing ‘‘student academic achievement stand- 17 ards and academic content standards 18 under section 1111(b)(1)’’ and inserting 19 ‘‘college and career ready State academic 20 content standards and student academic 21 achievement standards under section 22 1111(a)(1)’’; and 23 (ii) in subparagraph (G), by striking 24 ‘‘students who are limited English pro- 25 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01129 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1130 •S 1094 IS ficient’’ and inserting ‘‘English learners’’; 1 and 2 (B) in subsection (d)— 3 (i) in paragraph (1)— 4 (I) in subparagraph (A)(i)(I)— 5 (aa) by inserting ‘‘teachers’’ 6 after ‘‘highly qualified’’; and 7 (bb) by striking ‘‘students 8 who are limited English pro- 9 ficient’’ and inserting ‘‘English 10 learners’’; and 11 (II) in subparagraph (B)— 12 (aa) in clause (ii)(IV)(aa), 13 by striking ‘‘students who are 14 limited English proficient’’ and 15 inserting ‘‘English learners’’; and 16 (bb) in clause (iii), by insert- 17 ing ‘‘teachers’’ after ‘‘highly 18 qualified’’; and 19 (ii) in paragraph (5)(B), by striking 20 ‘‘limited English proficient students’’ and 21 inserting ‘‘English learners’’. 22 (4) Section 204(a)(4)(D) (20 U.S.C. 23 1022c(a)(4)(D)) is amended by striking ‘‘limited 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01130 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1131 •S 1094 IS English proficient students’’ and inserting ‘‘English 1 learners’’. 2 (5) Section 205 (20 U.S.C. 1022d) is amend- 3 ed— 4 (A) in subsection (a)(1)(G), by striking 5 ‘‘students who are limited English proficient’’ 6 and inserting ‘‘English learners’’; and 7 (B) in subsection (b)(1)— 8 (i) in subparagraph (C), by striking 9 ‘‘State’s challenging academic content 10 standards required under section 11 1111(b)(1)’’ and inserting ‘‘college and ca- 12 reer ready State academic content stand- 13 ards required under section 1111(a)(1)’’; 14 and 15 (ii) in subparagraph (L), by striking 16 ‘‘students who are limited English pro- 17 ficient’’ and inserting ‘‘English learners’’. 18 (6) Section 206 (20 U.S.C. 1022e) is amend- 19 ed— 20 (A) in subsection (a), by striking ‘‘limited 21 English proficient students’’ and inserting 22 ‘‘English learners’’; and 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01131 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1132 •S 1094 IS (B) in subsection (b)(4), by striking ‘‘lim- 1 ited English proficient students’’ and inserting 2 ‘‘English learners’’. 3 (7) Section 208(b) (20 U.S.C. 1022g(b)) is 4 amended— 5 (A) by inserting ‘‘teachers’’ after ‘‘are 6 highly qualified’’; and 7 (B) by striking ‘‘is highly qualified’’ and 8 inserting ‘‘is a highly qualified teacher’’. 9 (8) Section 242(b) (20 U.S.C. 1033a(b)) is 10 amended— 11 (A) in the matter preceding paragraph (1), 12 by inserting ‘‘teachers’’ after ‘‘highly qualified’’; 13 and 14 (B) in paragraph (1), by inserting ‘‘teach- 15 ers’’ after ‘‘highly qualified’’. 16 (9) Section 251(b)(1)(A)(iii) (20 U.S.C. 17 1034(b)(1)(A)(iii)) is amended by inserting ‘‘teach- 18 ers’’ after ‘‘highly qualified’’. 19 (10) Section 255(k) (20 U.S.C. 1035(k)) is 20 amended— 21 (A) in paragraph (1), by striking ‘‘section 22 9101(23)(B)(ii)’’ and inserting ‘‘section 23 9101(32)(A)(ii)(II)’’; and 24 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01132 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1133 •S 1094 IS (B) in paragraph (3), by striking ‘‘section 1 9101(23)’’ and inserting ‘‘section 9101(32)’’. 2 (11) Section 258(d) (20 U.S.C. 1036(d)) is 3 amended— 4 (A) in paragraph (1)— 5 (i) by striking ‘‘limited English pro- 6 ficient students’’ and inserting ‘‘English 7 learners’’; and 8 (ii) by inserting ‘‘teachers who will 9 be’’ after ‘‘highly qualified’’; and 10 (B) in paragraph (2)(C), by striking ‘‘lim- 11 ited English proficient students’’ and inserting 12 ‘‘English learners’’. 13 (12) Section 402B(c)(7) (20 U.S.C. 1070a– 14 12(c)(7)) is amended by striking ‘‘students who are 15 limited English proficient’’ and inserting ‘‘English 16 learners’’. 17 (13) Section 402C(d)(7) (20 U.S.C. 1070a– 18 13(d)(7)) is amended by striking ‘‘students who are 19 limited English proficient’’ and inserting ‘‘English 20 learners’’. 21 (14) Section 402D (20 U.S.C. 1070a–14) is 22 amended— 23 VerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01133 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094 sroberts on DSK5SPTVN1PROD with BILLS 1134 •S 1094 IS (A) in subsection (a)(3), by striking ‘‘stu- 1 dents who are limited English proficient’’ and 2 inserting ‘‘English learners’’; and 3 (B) in subsection (c)(6), by striking ‘‘stu- 4 dents who are limited English proficient’’ and 5 inserting ‘‘English learners’’. 6 (15) Section 402F(b)(11) (20 U.S.C. 1070a– 7 16(b)(11)) is amended by striking ‘‘students who are 8 limited English proficient’’ and inserting ‘‘English 9 learners’’. 10 (16) Section 404D (20 U.S.C. 1070a–24) is 11 amended— 12 (A) in subsection (b)(10)(K), by striking 13 ‘‘students who are limited English proficient’’ 14 and inserting ‘‘English learners’’; and 15 (B) in subsection (c)(6)(B)(ii), by striking 16 ‘‘students who are limited English proficient’’ 17 and inserting ‘‘English learners’’. 18 (17) Section 428J(b)(1)(B) (20 U.S.C. 1078– 19