Elementary and Secondary Education Act
Elementary and Secondary Education Act (ESEA): General Overview
The Elementary and Secondary Education Act (ESEA) is a federal law passed in 1965, itself a part of President Lyndon B. Johnson’s War on Poverty. The law provides federal funding to improve primary and secondary schools and educational opportunities in the United States of America. The act redefined the role of the federal government in primary and secondary education and provided much-needed funding and support to underserved communities. It remains a centerpiece of federal education policy today, having been reauthorized several times since its inception.
ESEA: The Essential Components
The essential components of ESEA are as follows:
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Title I: Improving Academic Achievement of the Disadvantaged
Title I of ESEA focuses on improving academic achievement for students from low-income families. It provides funds to schools with high percentages of students from low-income families to improve their educational opportunities. The goal is to help these students achieve academic success and close the achievement gap between them and their wealthier peers.
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Title II: Teacher Quality Enhancement
Title II of ESEA aims to improve the quality of teaching in schools. It provides funding to states and schools to help teachers improve their skills and knowledge. The goal is to ensure that all students have access to well-trained and qualified teachers.
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Title III: Language Instruction for Limited English Proficient and Immigrant Students
Title III of ESEA focuses on language instruction for students who are not native English speakers. It provides funding to schools for English language instruction and support for students who are learning English as a second language.
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Title IV: 21st-Century Schools
Title IV of ESEA promotes the integration of technology into schools and provides funding to help schools update their technology infrastructure. The goal is to help students develop the skills necessary to succeed in the 21st century.
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Title V: Promoting Safe and Drug-Free Schools
Title V of ESEA promotes safe and drug-free schools and provides funding for programs to prevent drug abuse and violence in schools. The goal is to create a safe and supportive learning environment for all students.
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Title VI: Flexibility and Accountability
Title VI of ESEA allows states and schools to have more flexibility in how they use federal funds. It also establishes accountability measures to ensure that federal funds are being used effectively to improve student outcomes.
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Title VII: Indian, Native Hawaiian, and Alaska Native Education
Title VII of ESEA provides funding to schools that serve Native American students. The goal is to improve the educational opportunities and outcomes for these students.
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Title VIII: Impact Aid
Title VIII of ESEA provides funding to schools that serve children from families who work on federal land or live on Native American reservations. The goal is to address the unique challenges these schools face in providing education to their students.
Conclusion
The ESEA is an essential federal law that provides funding and support to improve primary and secondary education in the United States. Its essential components include improving academic achievement for students from low-income families, improving the quality of teaching, providing English language instruction for non-native English speakers, integrating technology into schools, promoting safe and drug-free schools, providing flexibility and accountability, improving educational opportunities for Native American students, and addressing the unique challenges faced by schools serving children from families living on federal land or Native American reservations. The act remains a cornerstone of federal education policy and continues to play a critical role in improving educational opportunities and outcomes for students across the country.
What is the Elementary and Secondary Education Act of 1965?
The Elementary and Secondary Education Act of 1965 (ESEA) was a Great Society program enacted in 1965 that allocates federal funding for primary and secondary school education and forbs the establishment of a national curriculum. This Act also provided a mechanism to hold schools accountable and increase equality in education nationally. The current reauthorization of this bill is the No Child Left Behind Act, which was signed into law in 2001.
Who is covered under this Act?
The children of low-income families, particularly rural, Native American, neglected, migrant, homeless, and English language-limited families are the primary target of the provisions of this bill. The Elementary and Secondary Education Act aims to provide for their long-term welfare by improving their schools and the resources available to them. In 1965, when this Act became law, there was a large “achievement gap” stratified by race and poverty. The provisions of this act aim especially to close the gap by setting benchmarks and goals to measure the progress of students.
What is a Title I designation?
As per the provisions of the Elementary and Secondary Education Act of 1965 to provide federal funding to schools in need, Title I of the Act provides the necessary provisions to allocate this funding. A school with more than 40% of its students classified as low-income by the US government qualifies for Title 1 designation. The purpose of this funding is to increase test scores and encourage academic development so that these children may have the means to escape poverty. The school must demonstrate a willingness to work on improving the quality of education available to its students. Title I grants go typically to elementary school children in both public and parochial schools between grades 1 to 6. This funding, which represents the growing prominence of the federal government in formerly the state-local matter of education, enables the federal government to at times, dictate policy, with the threat of withholding future funding.
Keeping the Title I designation is heavily dependent on the progress of the students and subsequent reauthorizations, especially the No Child Left Behind Act have increased the power of the federal government in schools, by way of the power of purse strings and the disbursement of the continued aid vital to keeping the school running. Since the establishment of the Title I designation funding for these schools has increased from 2 billion to 25 billion, reflecting the growing number of schools under the influence of federal mandates. The federal government then sets provisions and guidelines that schools must follow to retain federal funding. The most common indicator (and most controversial) of school progress is the performance of students on reading and math standardized testing. Schools that fail to meet federal expectations are subject to losing their funding. No Child Left Behind, for example, mandated that all students reach their appropriate grade level in reading and math by 2014. For some schools, that is an onerous burden.
What are the other provisions of the Elementary and Secondary Education Act of 1965?
– Title II of the Act provides federal funding stocking school libraries and the purchase of textbooks or other instructional materials
– Title III funds supplementary educational centers to provide students with greater options for educational improvements and remedial aid. It also funded educational programming and other ancillary programs to supplement student learning outside of school.
– Title IV provides funding for collegiate research into improving training and instruction in all schools
– Title V strengthens the authority of State Departments of Education and allocates funding. Specifically, this compels the State authority to support local reform efforts while pursuing reforms of its own. Additionally, the federal government provides specific grants for foreign language, gifted student,s and arts programs.
– Title VI is an amendment that extends provisions to handicapped children, in consort with other Great Society programs to help the disabled.
What does Title VII provide?
An early amendment to the Elementary and Secondary Education Act was Title VII which provided for federal funding for bilingual education and specialized programs for the advancement of Native Hawaiians, Alaskans, and Native Americans. The most important legacy of the Bilingual Education Act as the establishment of separate bilingual classes for English Language Limited students, acknowledging that educating them alongside proficient students was detrimental to their long-term development and education. The bilingual educational program prepared these students to join their English-speaking peers as soon as possible by preparing them to succeed in the classroom. It is not meant to be a separate form of education, but a remedial practice to prepare students for the regular educational system. This also meant that putting students in these classes was not “segregation” which had been outlawed a few years prior. Subsequent amendments to the Bilingual Education Act outlined specific goals for programs and clarified the need for these programs to overcome language barriers. In the current revision of the Act, this title was incorporated as Title III “Language Instruction for Limited English Proficient and Immigrant Students.”
What are the criticisms of the Elementary and Secondary Education Act?
Prior to this act becoming law, the federal government has very little involvement in education, opting to leave it as a state and local matter. This Act changed that and despite provisions against a national curriculum, set national standards for achievement. This did not account for the time it would take very impoverished and low-achieving schools to catch up with their peers. A lesser-known provision of the bill allows military recruiters access to the personal information of 11th and 12th graders for the purposes of poaching students to join the armed forces.
What are the subsequent reauthorizations of the Elementary and Secondary Education Act of 1965?
Subsequent reauthorizations of the Act have provided new provisions for Drug-Free Schools, modernization of school facilities, charter schools, and immigrant education funding.
– Education Consolidation and Improvement Act of 1981
– Improving America’s Schools Act of 1994
– No Child Left Behind Act of 2001
No Child Left Behind is due for a revision/reauthorization and many of the controversial provisions are likely to become optional or amended out of the bill. The 2014 goals to have every child achieve grade level are almost certain to be scrapped.
Original text of the Act:
G:\COMP\EDII\ELEMENTARY AND SECONDARY EDUCATION ACT OF 196….XML
Elementary and Secondary Education Act of 1965
[As Amended Through P.L. 117–286, Enacted December 27, 2022]
øCurrency: This publication is a compilation of the text of Public Law 89-10. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https:// www.govinfo.gov/app/collection/comps/¿
øNote: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿
SECTION 1. ø20 U.S.C. 6301 note¿ SHORT TITLE.
This Act may be cited as the ‘‘Elementary and Secondary Edu-
cation Act of 1965’’.
SEC. 2. 1 TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
Sec. 1001. Statement of purpose.
Sec. 1002. Authorization of appropriations. Sec. 1003. School improvement.
Sec. 1003A. Direct student services.
Sec. 1004. State administration.
PART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES Subpart 1—Basic Program Requirements
Sec. 1111. State plans.
Sec. 1112. Local educational agency plans.
Sec. 1113. Eligible school attendance areas.
Sec. 1114. Schoolwide programs.
Sec. 1115. Targeted assistance schools.
Sec. 1116. Parent and family engagement.
Sec. 1117. Participation of children enrolled in private schools. Sec. 1118. Fiscal requirements.
Sec. 1119. 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 to local educational agencies in fiscal years after
fiscal year 2001.
Sec. 1125A. Education finance incentive grant program.
2 The items relating to subpart 3 of part B and sections 5231 through 5244 in the table of sections contained in section 2 are editorially supplied. See the amendment made by section 6 of Public Law 114–95 (129 Stat. 1807).
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Sec. 2 ESEA OF 1965 2
Sec. 1126. Special allocation procedures. Sec. 1127. Carryover and waiver.
PART B—STATE ASSESSMENT GRANTS
Sec. 1201. Grants for State assessments and related activities.
Sec. 1202. State option to conduct assessment system audit.
Sec. 1203. Allotment of appropriated funds.
Sec. 1204. Innovative assessment and accountability demonstration authority.
PART C—EDUCATION OF MIGRATORY CHILDREN
Sec. 1301. Program purposes.
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; authorized
activities. Sec. 1307. Bypass.
Sec. 1308. Coordination of migrant education activities. Sec. 1309. 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. Technical assistance.
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—FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING Sec. 1501. Flexibility for equitable per-pupil funding.
PART F—GENERAL PROVISIONS
Sec. 1601. Federal regulations.
Sec. 1602. Agreements and records.
Sec. 1603. State administration.
Sec. 1604. Prohibition against Federal mandates, direction, or control. Sec. 1605. Rule of construction on equalized spending.
TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS, PRINCIPALS, AND OTHER SCHOOL LEADERS
Sec. 2001. Purpose.
Sec. 2002. Definitions.
Sec. 2003. Authorization of appropriations.
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3 ESEA OF 1965 Sec. 2
Sec. 2101. Sec. 2102. Sec. 2103. Sec. 2104.
Sec. 2201.
Sec. 2211. Sec. 2212. Sec. 2213.
Sec. 2221. Sec. 2222. Sec. 2223.
Sec. 2224.
Sec. 2225. Sec. 2226.
Sec. 2231. Sec. 2232.
Sec. 2233.
Sec. 2241. Sec. 2242. Sec. 2243. Sec. 2244. Sec. 2245.
Sec. 2301. Sec. 2302.
PART A—SUPPORTING EFFECTIVE INSTRUCTION
Formula grants to States.
Subgrants to local educational agencies. Local uses of funds.
Reporting.
PART B—NATIONAL ACTIVITIES
Reservations.
Subpart 1—Teacher and School Leader Incentive Program
Purposes; definitions.
Teacher and school leader incentive fund grants. Reports.
Subpart 2—Literacy Education for All, Results for the Nation
Purposes; definitions.
Comprehensive literacy State development grants.
Subgrants to eligible entities in support of birth through kindergarten
entry literacy.
Subgrants to eligible entities in support of kindergarten through grade
12 literacy.
National evaluation and information dissemination. Innovative approaches to literacy.
Subpart 3—American History and Civics Education
Program authorized.
Presidential and congressional academies for American history and
civics.
National activities.
Subpart 4—Programs of National Significance
Funding allotment.
Supporting effective educator development. School leader recruitment and support. Technical assistance and national evaluation. STEM master teacher corps.
PART C—GENERAL PROVISIONS
Supplement, not supplant. Rules of construction.
TITLE III—LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS
Sec. 3001. Authorization of appropriations.
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 and specially qualified agency plans.
Sec. 3114. Within-State allocations.
Sec. 3115. Subgrants to eligible entities.
Sec. 3116. Local plans.
Subpart 2—Accountability and Administration
Sec. 3121. Reporting.
Sec. 3122. Biennial reports.
Sec. 3123. Coordination with related programs. Sec. 3124. Rules of construction.
Sec. 3125. Legal authority under State law.
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Sec. 2 ESEA OF 1965 4
Sec. 3126. Civil rights.
Sec. 3127. Programs for Native Americans and Puerto Rico. Sec. 3128. Prohibition.
Subpart 3—National Activities Sec. 3131. National professional development project.
PART B—GENERAL PROVISIONS
Sec. 3201. Definitions.
Sec. 3202. National clearinghouse. Sec. 3203. Regulations.
TITLE IV—21ST CENTURY SCHOOLS Sec. 4001. General provisions.
PART A—STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS Subpart 1—Student Support and Academic Enrichment Grants
Sec. 4101. Purpose.
Sec. 4102. Definitions.
Sec. 4103. Formula grants to States.
Sec. 4104. State use of funds.
Sec. 4105. Allocations to local educational agencies.
Sec. 4106. Local educational agency applications.
Sec. 4107. Activities to support well-rounded educational opportunities. Sec. 4108. Activities to support safe and healthy students.
Sec. 4109. Activities to support the effective use of technology.
Sec. 4110. Supplement, not supplant.
Sec. 4111. Rule of construction.
Sec. 4112. Authorization of appropriations.
Subpart 2—Internet Safety
4121. Internet safety.
PART B—NITA M. LOWEY 21ST CENTURY COMMUNITY LEARNING CENTERS
Sec. 4201. Purpose; definitions.
Sec. 4202. Allotments to States.
Sec. 4203. State application.
Sec. 4204. Local competitive subgrant program. Sec. 4205. Local activities.
Sec. 4206. Authorization of appropriations.
PART C—EXPANDING OPPORTUNITY THROUGH QUALITY CHARTER SCHOOLS
Sec. 4301. Purpose.
Sec. 4302. Program authorized.
Sec. 4303. Grants to support high-quality charter schools.
Sec. 4304. Facilities financing assistance.
Sec. 4305. National activities.
Sec. 4306. Federal formula allocation during first year and for successive enroll-
ment expansions.
Sec. 4307. Solicitation of input from charter school operators. Sec. 4308. Records transfer.
Sec. 4309. Paperwork reduction.
Sec. 4310. Definitions.
Sec. 4311. Authorization of appropriations.
PART D—MAGNET SCHOOLS ASSISTANCE
Sec. 4401. Findings and purpose. Sec. 4402. Definition.
Sec. 4403. Program authorized. Sec. 4404. Eligibility.
Sec. 4405. Applications and requirements. Sec. 4406. Priority.
Sec. 4407. Use of funds.
Sec. 4408. Limitations.
Sec. 4409. Authorization of appropriations; reservation.
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5 ESEA OF 1965 Sec. 2
PART E—FAMILY ENGAGEMENT IN EDUCATION PROGRAMS
Sec. 4501. Purposes.
Sec. 4502. Grants authorized.
Sec. 4503. Applications.
Sec. 4504. Uses of funds.
Sec. 4505. Family engagement in Indian schools. Sec. 4506. Authorization of appropriations.
PART F—NATIONAL ACTIVITIES Sec. 4601. Authorization of appropriations; reservations.
Subpart 1—Education Innovation and Research Sec. 4611. Grants for education innovation and research.
Subpart 2—Community Support for School Success
Sec. 4621. Purposes.
Sec. 4622. Definitions.
Sec. 4623. Program authorized.
Sec. 4624. Promise neighborhoods.
Sec. 4625. Full-service community schools.
Subpart 3—National Activities for School Safety Sec. 4631. National activities for school safety.
Subpart 4—Academic Enrichment
Sec. 4641. Awards for academic enrichment.
Sec. 4642. Assistance for arts education.
Sec. 4643. Ready to learn programming.
Sec. 4644. Supporting high-ability learners and learning.
TITLE V—FLEXIBILITY AND ACCOUNTABILITY
PART A—FUNDING TRANSFERABILITY FOR STATE AND LOCAL EDUCATIONAL AGENCIES
Sec. 5101. Short title.
Sec. 5102. Purpose.
Sec. 5103. Transferability of funds.
PART B—RURAL EDUCATION INITIATIVE
Sec. 5201. Short title. Sec. 5202. Purpose.
Subpart 1—Small, Rural School Achievement Program
Sec. 5211. Use of applicable funding. Sec. 5212. Grant program authorized.
Subpart 2—Rural and Low-Income School Program
Sec. 5221. Program authorized. Sec. 5222. Use of funds.
Sec. 5223. Applications.
Sec. 5224. Report.
Sec. 5225. Choice of participation.
Subpart 3—General Provisions 2
Sec. 5231. Annual average daily attendance determination. 2 Sec. 5232. Supplement, not supplant. 2
Sec. 5233. Rule of construction. 2
Sec. 5234. Authorization of appropriations. 2
PART C—GENERAL PROVISIONS
Sec. 5301. Prohibition against Federal mandates, direction, or control. Sec. 5302. Rule of construction on equalized spending.
2 The items relating to subpart 3 of part B and sections 5231 through 5244 in the table of sections contained in section 2 are editorially supplied. See the amendment made by section 6 of Public Law 114–95 (129 Stat. 1807).
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Sec. 2 ESEA OF 1965 6
TITLE VI—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
PART A—INDIAN EDUCATION
Sec. 6101. Statement of policy. Sec. 6102. Purpose.
Subpart 1—Formula Grants to Local Educational Agencies
Sec. 6111. Purpose.
Sec. 6112. Grants to local educational agencies and tribes. Sec. 6113. Amount of grants.
Sec. 6114. Applications.
Sec. 6115. Authorized services and activities.
Sec. 6116. Integration of services authorized.
Sec. 6117. Student eligibility forms.
Sec. 6118. Payments.
Sec. 6119. State educational agency review.
Subpart 2—Special Programs and Projects to Improve Educational Opportunities for Indian Children
Sec. 6121. Improvement of educational opportunities for Indian children and youth. Sec. 6122. Professional development for teachers and education professionals.
Subpart 3—National Activities
Sec. 6131. National research activities.
Sec. 6132. Grants to tribes for education administrative planning, development,
and coordination.
Sec. 6133. Native American and Alaska Native language immersion schools and
programs.
Subpart 4—Federal Administration
Sec. 6141. National Advisory Council on Indian Education. Sec. 6142. Peer review.
Sec. 6143. Preference for Indian applicants.
Sec. 6144. Minimum grant criteria.
Subpart 5—Definitions; Authorizations of Appropriations
Sec. 6151. Definitions.
Sec. 6152. Authorizations of appropriations.
PART B—NATIVE HAWAIIAN EDUCATION
Sec. 6201. Short title.
Sec. 6202. Findings.
Sec. 6203. Purposes.
Sec. 6204. Native Hawaiian Education Council. Sec. 6205. Program authorized.
Sec. 6206. Administrative provisions. Sec. 6207. Definitions.
PART C—ALASKA NATIVE EDUCATION
Sec. 6301. Short title.
Sec. 6302. Findings.
Sec. 6303. Purposes.
Sec. 6304. Program authorized.
Sec. 6305. Administrative provisions. Sec. 6306. Definitions.
TITLE VII—IMPACT AID
Sec. 7001. Purpose.
Sec. 7002. Payments relating to Federal acquisition of real property.
Sec. 7003. Payments for eligible federally connected children.
Sec. 7004. Policies and procedures relating to children residing on Indian lands. Sec. 7005. Application for payments under sections 7002 and 7003.
Sec. 7007. Construction.
Sec. 7008. Facilities.
Sec. 7009. State consideration of payments in providing State aid.
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7 ESEA OF 1965 Sec. 2
Sec. 7010. Federal administration.
Sec. 7011. Administrative hearings and judicial review. Sec. 7012. Forgiveness of overpayments.
Sec. 7013. Definitions.
Sec. 7014. Authorization of appropriations.
TITLE VIII—GENERAL PROVISIONS PART A—DEFINITIONS
Sec. 8101. Definitions.
Sec. 8102. Applicability of title.
Sec. 8103. Applicability to Bureau of Indian Education operated schools.
PART B—FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
Sec. 8201. Consolidation of State administrative funds for elementary and sec- ondary education programs.
Sec. 8202. Single local educational agency States.
Sec. 8203. Consolidation of funds for local administration.
Sec. 8204. Consolidated set-aside for Department of the Interior funds. Sec. 8205. Department staff.
PART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS AND APPLICATIONS
Sec. 8301. Purposes.
Sec. 8302. Optional consolidated State plans or applications.
Sec. 8303. Consolidated reporting.
Sec. 8304. General applicability of State educational agency assurances. Sec. 8305. Consolidated local plans or applications.
Sec. 8306. Other general assurances.
PART D—WAIVERS
Sec. 8401. Waivers of statutory and regulatory requirements.
PART E—APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL APPLICATIONS
Sec. 8451. Approval and disapproval of State plans.
Sec. 8452. Approval and disapproval of local educational agency applications.
PART F—UNIFORM PROVISIONS
Subpart 1—Private Schools
Sec. 8501. Participation by private school children and teachers.
Sec. 8502. Standards for by-pass.
Sec. 8503. Complaint process for participation of private school children. Sec. 8504. By-pass determination process.
Sec. 8505. Prohibition against funds for religious worship or instruction. Sec. 8506. Private, religious, and home schools.
Subpart 2—Other Provisions
Sec. 8521. Maintenance of effort.
Sec. 8522. Prohibition regarding State aid.
Sec. 8523. Privacy of assessment results.
Sec. 8524. School prayer.
Sec. 8525. Equal access to public school facilities.
Sec. 8526. Prohibited uses of funds
Sec. 8526A. Prohibition against Federal mandates, direction, or control.
Sec. 8527. Prohibitions on Federal Government and use of Federal funds.
Sec. 8528. Armed Forces recruiter access to students and student recruiting infor-
mation.
Sec. 8529. Prohibition on federally sponsored testing.
Sec. 8530. Limitations on national testing or certification for teachers, principals,
or other school leaders.
Sec. 8530A. Prohibition on requiring State participation. Sec. 8531. Prohibition on nationwide database.
Sec. 8532. Unsafe school choice option.
Sec. 8533. Prohibition on discrimination.
Sec. 8534. Civil rights.
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Sec. 1001 ESEA OF 1965 8
Sec. 8535. Rulemaking.
Sec. 8536. Severability.
Sec. 8537. Transfer of school disciplinary records.
Sec. 8538. Consultation with Indian tribes and tribal organizations.
Sec. 8539. Outreach and technical assistance for rural local educational agencies. Sec. 8540. Consultation with the Governor.
Sec. 8541. Local governance.
Sec. 8542. Rule of construction regarding travel to and from school.
Sec. 8543. Limitations on school-based health centers.
Sec. 8544. State control over standards.
Sec. 8545. Sense of Congress on protecting student privacy.
Sec. 8546. Prohibition on aiding and abetting sexual abuse.
Sec. 8547. Sense of Congress on restoration of State sovereignty over public edu-
cation. Sec. 8548. Privacy.
Sec. 8549. Analysis and periodic review of departmental guidance. Sec. 8549A. Sense of Congress.
Sec. 8549B. Sense of Congress on early learning and child care. Sec. 8549C. Technical assistance.
Subpart 3—Teacher Liability Protection
Sec. 8551. Short title.
Sec. 8552. Purpose.
Sec. 8553. Definitions.
Sec. 8554. Applicability.
Sec. 8555. Preemption and election of State nonapplicability. Sec. 8556. Limitation on liability for teachers.
Sec. 8557. Allocation of responsibility for noneconomic loss. Sec. 8558. Effective date.
Subpart 4—Gun Possession Sec. 8561. Gun-free requirements.
Subpart 5—Environmental Tobacco Smoke
Sec. 8571. Short title.
Sec. 8572. Definitions.
Sec. 8573. Nonsmoking policy for children’s services. Sec. 8574. Preemption.
PART G—EVALUATIONS
Sec. 8601. Evaluations.
TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVAN- TAGED
SEC. 1001. ø20 U.S.C. 6301¿ STATEMENT OF PURPOSE.
The purpose of this title is to provide all children significant
opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps.
SEC. 1002. ø20 U.S.C. 6302¿ AUTHORIZATION OF APPROPRIATIONS.
(a) LOCAL EDUCATIONAL AGENCY GRANTS.—There are author- ized to be appropriated to carry out the activities described in part
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(1) $15,012,317,605 for fiscal year 2017;
(2) $15,457,459,042 for fiscal year 2018;
(3) $15,897,371,442 for fiscal year 2019; and (4) $16,182,344,591 for fiscal year 2020.
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9 ESEA OF 1965 Sec. 1003
(b) STATE ASSESSMENTS.—There are authorized to be appro- priated to carry out the activities described in part B, $378,000,000 for each of fiscal years 2017 through 2020.
(c) EDUCATION OF MIGRATORY CHILDREN.—There are author- ized to be appropriated to carry out the activities described in part C, $374,751,000 for each of fiscal years 2017 through 2020.
(d) PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK.— There are authorized to be appropriated to carry out the activities described in part D, $47,614,000 for each of fiscal years 2017 through 2020.
(e) FEDERAL ACTIVITIES.—For the purpose of carrying out eval- uation activities related to title I under section 8601, there are au- thorized to be appropriated $710,000 for each of fiscal years 2017 through 2020.
(f) SENSE OF CONGRESS REGARDING ADJUSTMENTS TO AUTHOR- IZATIONS OF APPROPRIATIONS PROVIDED IN THIS ACT FOR FUTURE BUDGET AGREEMENTS.—It is the sense of Congress that if legisla- tion is enacted that revises the limits on discretionary spending es- tablished under section 251(c) of the Balanced Budget and Emer- gency Deficit Control Act of 1985 (2 U.S.C. 901(c)), the levels of ap- propriations authorized throughout this Act should be adjusted in a manner that is consistent with the adjustments in nonsecurity category funding provided for under the revised limits on discre- tionary spending.
SEC. 1003. ø20 U.S.C. 6303¿ SCHOOL IMPROVEMENT.
(a) STATE RESERVATIONS.—To carry out subsection (b) and the
State educational agency’s statewide system of technical assistance and support for local educational agencies, each State shall reserve the greater of—
(1) 7 percent of the amount the State receives under sub- part 2 of part A; or
(2) the sum of the amount the State—
(A) reserved for fiscal year 2016 under this subsection,
as in effect on the day before the date of enactment of the Every Student Succeeds Act; and
(B) received for fiscal year 2016 under subsection (g), as in effect on the day before the date of enactment of the Every Student Succeeds Act.
(b) USES.—Of the amount reserved under subsection (a) for any fiscal year, the State educational agency—
(1)(A) shall allocate not less than 95 percent of that amount to make grants to local educational agencies on a for- mula or competitive basis, to serve schools implementing com- prehensive support and improvement activities or targeted support and improvement activities under section 1111(d); or
(B) may, with the approval of the local educational agency, directly provide for these activities or arrange for their provi- sion through other entities such as school support teams, edu- cational service agencies, or nonprofit or for-profit external pro- viders with expertise in using evidence-based strategies to im- prove student achievement, instruction, and schools; and
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Sec. 1003 ESEA OF 1965 10
(2) shall use the funds not allocated to local educational agencies under paragraph (1) to carry out this section, which shall include—
(A) establishing the method, consistent with para- graph (1)(A), the State will use to allocate funds to local educational agencies under such paragraph, including en- suring—
(i) the local educational agencies receiving an al- lotment under such paragraph represent the geo- graphic diversity of the State; and
(ii) that allotments are of sufficient size to enable a local educational agency to effectively implement se- lected strategies;
(B) monitoring and evaluating the use of funds by
local educational agencies receiving an allotment under such paragraph; and
(C) as appropriate, reducing barriers and providing operational flexibility for schools in the implementation of comprehensive support and improvement activities or tar- geted support and improvement activities under section 1111(d).
(c) DURATION.—The State educational agency shall award each subgrant under subsection (b) for a period of not more than 4 years, which may include a planning year.
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be construed as prohibiting a State from allocating subgrants under this section to a statewide school district, consortium of local edu- cational agencies, or an educational service agency that serves schools implementing comprehensive support and improvement ac- tivities or targeted support and improvement activities, if such en- tities are legally constituted or recognized as local educational agencies in the State.
(e) APPLICATION.—To receive an allotment under subsection (b)(1), a local educational agency shall submit an application to the State educational agency at such time, in such form, and including such information as the State educational agency may require. Each application shall include, at a minimum—
(1) a description of how the local educational agency will carry out its responsibilities under section 1111(d) for schools receiving funds under this section, including how the local edu- cational agency will—
(A) develop comprehensive support and improvement plans under section 1111(d)(1) for schools receiving funds under this section;
(B) support schools developing or implementing tar- geted support and improvement plans under section 1111(d)(2), if funds received under this section are used for such purpose;
(C) monitor schools receiving funds under this section, including how the local educational agency will carry out its responsibilities under clauses (iv) and (v) of section 1111(d)(2)(B) if funds received under this section are used to support schools implementing targeted support and im- provement plans;
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11 ESEA OF 1965 Sec. 1003A
(D) use a rigorous review process to recruit, screen, se- lect, and evaluate any external partners with whom the local educational agency will partner;
(E) align other Federal, State, and local resources to carry out the activities supported with funds received under subsection (b)(1); and
(F) as appropriate, modify practices and policies to provide operational flexibility that enables full and effec- tive implementation of the plans described in paragraphs (1) and (2) of section 1111(d); and
(2) an assurance that each school the local educational
agency proposes to serve will receive all of the State and local funds it would have received in the absence of funds received under this section.
(f) PRIORITY.—The State educational agency, in allocating
funds to local educational agencies under this section, shall give priority to local educational agencies that—
(1) serve high numbers, or a high percentage of, elemen- tary schools and secondary schools implementing plans under paragraphs (1) and (2) of section 1111(d);
(2) demonstrate the greatest need for such funds, as deter- mined by the State; and
(3) demonstrate the strongest commitment to using funds under this section to enable the lowest-performing schools to improve student achievement and student outcomes.
(g) UNUSED FUNDS.—If, after consultation with local edu-
cational agencies in the State, the State educational agency deter- mines that the amount of funds reserved to carry out subsection (b) is greater than the amount needed to provide the assistance de- scribed in that subsection, the State educational agency shall allo- cate the excess amount to local educational agencies in accordance with—
(1) the relative allocations the State educational agency made to those agencies for that fiscal year under subpart 2 of part A; or
(2) section 1126(c).
(h) SPECIAL RULE.—Notwithstanding any other provision of
this section, the amount of funds reserved by the State educational agency under subsection (a) for fiscal year 2018 and each subse- quent fiscal year shall not decrease the amount of funds each local educational agency receives under subpart 2 of part A below the amount received by such local educational agency under such sub- part for the preceding fiscal year.
(i) REPORTING.—The State shall include in the report described in section 1111(h)(1) a list of all the local educational agencies and schools that received funds under this section, including the amount of funds each school received and the types of strategies implemented in each school with such funds.
SEC. 1003A. ø20 U.S.C. 6303b¿ DIRECT STUDENT SERVICES. (a) STATE RESERVATION.—
(1) IN GENERAL.—
(A) STATES.—Each State educational agency, after
meaningful consultation with geographically diverse local
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Sec. 1003A ESEA OF 1965 12
educational agencies described in subparagraph (B), may reserve not more than 3 percent of the amount the State educational agency receives under subpart 2 of part A for each fiscal year to carry out this section.
(B) CONSULTATION.—A State educational agency shall consult under subparagraph (A) with local educational agencies that include—
(i) suburban, rural, and urban local educational agencies;
(ii) local educational agencies serving a high per- centage of schools identified by the State for com- prehensive support and improvement under section 1111(c)(4)(D)(i); and
(iii) local educational agencies serving a high per- centage of schools implementing targeted support and improvement plans under section 1111(d)(2).
(2) PROGRAM ADMINISTRATION.—Of the funds reserved under paragraph (1)(A), the State educational agency may use not more than 1 percent to administer the program described in this section.
(b) AWARDS.—
(1) IN GENERAL.—From the amount reserved under sub- section (a) by a State educational agency, the State educational agency shall award grants to geographically diverse local edu- cational agencies described in subsection (a)(1)(B)(i).
(2) PRIORITY.—In making such awards, the State edu- cational agency shall prioritize awards to local educational agencies serving the highest percentage of schools, as com- pared to other local educational agencies in the State—
(A) identified by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i); or
(B) implementing targeted support and improvement plans under section 1111(d)(2).
(c) LOCAL USE OF FUNDS.—A local educational agency receiving an award under this section—
(1) may use not more than 1 percent of its award for out- reach and communication to parents about available direct stu- dent services described in paragraph (3) in the local edu- cational agency and State;
(2) may use not more than 2 percent of its award for ad- ministrative costs related to such direct student services;
(3) shall use the remainder of the award to pay the costs associated with one or more of the following direct student services—
(A) enrollment and participation in academic courses not otherwise available at a student’s school, including—
(i) advanced courses; and
(ii) career and technical education coursework that—
(I) is aligned with the challenging State aca- demic standards; and
(II) leads to industry-recognized credentials that meet the quality criteria established by the
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13 ESEA OF 1965 Sec. 1003A
State under section 123(a) of the Workforce Inno-
vation and Opportunity Act (29 U.S.C. 3102);
(B) credit recovery and academic acceleration courses
that lead to a regular high school diploma;
(C) activities that assist students in successfully com-
pleting postsecondary level instruction and examinations that are accepted for credit at institutions of higher edu- cation (including Advanced Placement and International Baccalaureate courses), which may include reimbursing low-income students to cover part or all of the costs of fees for such examinations;
(D) components of a personalized learning approach, which may include high-quality academic tutoring; and
(E) in the case of a local educational agency that does not reserve funds under section 1111(d)(1)(D)(v), transpor- tation to allow a student enrolled in a school identified for comprehensive support and improvement under section 1111(c)(4)(D)(i) to transfer to another public school (which may include a charter school) that has not been identified by the State under such section; and
(4) in paying the costs associated with the direct student
services described in paragraph (3), shall—
(A) first, pay such costs for students who are enrolled
in schools identified by the State for comprehensive sup- port and improvement under section 1111(c)(4)(D)(i);
(B) second, pay such costs for low-achieving students who are enrolled in schools implementing targeted support and improvement plans under section 1111(d)(2); and
(C) with any remaining funds, pay such costs for other low-achieving students served by the local educational agency.
(d) APPLICATION.—A local educational agency desiring to re- ceive an award under subsection (b) shall submit an application to the State educational agency at such time and in such manner as the State educational agency shall require. At a minimum, each ap- plication shall describe how the local educational agency will—
(1) provide adequate outreach to ensure parents can exer- cise a meaningful choice of direct student services for their child’s education;
(2) ensure parents have adequate time and information to make a meaningful choice prior to enrolling their child in a di- rect student service;
(3) in the case of a local educational agency offering public school choice under this section, ensure sufficient availability of seats in the public schools the local educational agency will make available for public school choice options;
(4) prioritize services to students who are lowest-achieving;
(5) select providers of direct student services, which may include one or more of—
(A) the local educational agency or other local edu- cational agencies;
(B) community colleges or other institutions of higher education;
(C) non-public entities;
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Sec. 1004
ESEA OF 1965 14
(D) community-based organizations; or
(E) in the case of high-quality academic tutoring, a va- riety of providers of such tutoring that are selected and ap- proved by the State and appear on the State’s list of such providers required under subsection (e)(2);
(6) monitor the provision of direct student services; and
(7) publicly report the results of direct student service pro-
viders in improving relevant student outcomes in a manner that is accessible to parents.
(e) PROVIDERS AND SCHOOLS.—A State educational agency that
reserves an amount under subsection (a) shall—
(1) ensure that each local educational agency that receives
an award under this section and intends to provide public school choice under subsection (c)(3)(E) can provide a sufficient number of options to provide a meaningful choice for parents;
(2) compile and maintain an updated list of State-approved high-quality academic tutoring providers that—
(A) is developed using a fair negotiation and rigorous selection and approval process;
(B) provides parents with meaningful choices;
(C) offers a range of tutoring models, including online and on campus; and
(D) includes only providers that—
(i) have a demonstrated record of success in in-
creasing students’ academic achievement;
(ii) comply with all applicable Federal, State, and
local health, safety, and civil rights laws; and
(iii) provide instruction and content that is sec-
ular, neutral, and non-ideological;
(3) ensure that each local educational agency receiving an
award is able to provide an adequate number of high-quality academic tutoring options to ensure parents have a meaningful choice of services;
(4) develop and implement procedures for monitoring the quality of services provided by direct student service providers; and
(5) establish and implement clear criteria describing the course of action for direct student service providers that are not successful in improving student academic outcomes, which, for a high-quality academic tutoring provider, may include a process to remove State approval under paragraph (2).
SEC. 1004. ø20 U.S.C. 6304¿ STATE ADMINISTRATION.
(a) IN GENERAL.—Except as provided in subsection (b), to carry
out administrative duties assigned under parts A, C, and D of this title, each State may reserve the greater of—
(1) 1 percent of the amounts received under such parts; or
(2) $400,000 ($50,000 in the case of each outlying area).
(b) EXCEPTION.—If the sum of the amounts appropriated for parts A, C, and D of this title is equal to or greater than $14,000,000,000, then the reservation described in subsection (a)(1) shall not exceed 1 percent of the amount the State would receive, if $14,000,000,000 were allocated among the States for parts A, C,
and D of this title.
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15 ESEA OF 1965 Sec. 1111
PART A—IMPROVING BASIC PROGRAMS OPER- ATED BY LOCAL EDUCATIONAL AGENCIES
Subpart 1—Basic Program Requirements
SEC. 1111. ø20 U.S.C. 6311¿ STATE PLANS. (a) FILING FOR GRANTS.—
(1) IN GENERAL.—For any State desiring to receive a grant under this part, the State educational agency shall file with the Secretary a plan that is—
(A) developed by the State educational agency with timely and meaningful consultation with the Governor, members of the State legislature and State board of edu- cation (if the State has a State board of education), local educational agencies (including those located in rural areas), representatives of Indian tribes located in the State, teachers, principals, other school leaders, charter school leaders (if the State has charter schools), specialized instructional support personnel, paraprofessionals, admin- istrators, other staff, and parents; and
(B) is coordinated with other programs under this Act, the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of 1973 (20 U.S.C. 701 et seq.), the Carl D. Perkins Career and Technical Edu- cation Act of 2006 (20 U.S.C. 2301 et seq.), the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), the Education Sciences Reform Act of 2002 (20 U.S.C. 9501 et seq.), the Education Technical Assistance Act of 2002 (20 U.S.C. 9601 et. seq.), the National Assess- ment of Educational Progress Authorization Act (20 U.S.C. 9621 et seq.), the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.), and the Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.).
(2) LIMITATION.—Consultation required under paragraph
(1)(A) shall not interfere with the timely submission of the plan required under this section.
(3) CONSOLIDATED PLAN.—A State plan submitted under paragraph (1) may be submitted as part of a consolidated plan under section 8302.
(4) PEER REVIEW AND SECRETARIAL APPROVAL.— (A) IN GENERAL.—The Secretary shall—
(i) establish a peer-review process to assist in the review of State plans;
(ii) establish multidisciplinary peer-review teams and appoint members of such teams—
(I) who are representative of—
(aa) parents, teachers, principals, other
school leaders, specialized instructional sup- port personnel, State educational agencies, local educational agencies, and the community (including the business community); and
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Sec. 1111
ESEA OF 1965 16
(bb) researchers who are familiar with— (AA) the implementation of academic standards, assessments, or accountability
systems; and
(BB) how to meet the needs of dis-
advantaged students, children with dis- abilities, and English learners, the needs of low-performing schools, and other edu- cational needs of students;
(II) that include, to the extent practicable, majority representation of individuals who, in the most recent 2 years, have had practical experience in the classroom, school administration, or State or local government (such as direct employees of a school, local educational agency, or State edu- cational agency); and
(III) who represent a regionally diverse cross- section of States;
(iii) make available to the public, including by such means as posting to the Department’s website, the list of peer reviewers who have reviewed State plans under this section;
(iv) ensure that the peer-review teams consist of varied individuals so that the same peer reviewers are not reviewing all of the State plans;
(v) approve a State plan not later than 120 days after its submission, unless the Secretary meets the requirements of clause (vi);
(vi) have the authority to disapprove a State plan only if—
(I) the Secretary—
(aa) determines how the State plan fails
to meet the requirements of this section;
(bb) immediately provides to the State, in writing, notice of such determination, and the supporting information and rationale to sub-
stantiate such determination;
(cc) offers the State an opportunity to re-
vise and resubmit its State plan, and provides the State—
(AA) technical assistance to assist the State in meeting the requirements of this section;
(BB) in writing, all peer-review com- ments, suggestions, recommendations, or concerns relating to its State plan; and
(CC) a hearing, unless the State de- clines the opportunity for such hearing; and
(II) the State—
(aa) does not revise and resubmit its
State plan; or
(bb) in a case in which a State revises
and resubmits its State plan after a hearing
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17 ESEA OF 1965 Sec. 1111
is conducted under subclause (I)(cc)(CC), or after the State has declined the opportunity for such a hearing, the Secretary determines that such revised State plan does not meet the requirements of this section.
(B) PURPOSE OF PEER REVIEW.—The peer-review proc- ess shall be designed to—
(i) maximize collaboration with each State;
(ii) promote effective implementation of the chal- lenging State academic standards through State and local innovation; and
(iii) provide transparent, timely, and objective feedback to States designed to strengthen the tech- nical and overall quality of the State plans.
(C) STANDARD AND NATURE OF REVIEW.—Peer review-
ers shall conduct an objective review of State plans in their totality and out of respect for State and local judg- ments, with the goal of supporting State- and local-led in- novation and providing objective feedback on the technical and overall quality of a State plan.
(D) PROHIBITION.—Neither the Secretary nor the polit- ical appointees of the Department, may attempt to partici- pate in, or influence, the peer-review process.
(5) PUBLIC REVIEW.—All written communications, feed-
back, and notifications under this subsection shall be con- ducted in a manner that is transparent and immediately made available to the public on the Department’s website, includ- ing—
(A) plans submitted or resubmitted by a State;
(B) peer-review guidance, notes, and comments and the names of the peer reviewers (once the peer reviewers have completed their work);
(C) State plan determinations by the Secretary, includ- ing approvals or disapprovals; and
(D) notices and transcripts of hearings under this sec- tion.
(6) DURATION OF THE PLAN.—
(A) IN GENERAL.—Each State plan shall—
(i) remain in effect for the duration of the State’s participation under this part; and
(ii) be periodically reviewed and revised as nec- essary by the State educational agency to reflect changes in the State’s strategies and programs under this part.
(B) ADDITIONAL INFORMATION.—
(i) IN GENERAL.—If a State makes significant changes to its plan at any time, such as the adoption of new challenging State academic standards or new academic assessments under subsection (b), or changes to its accountability system under subsection (c), such information shall be submitted to the Secretary in the form of revisions or amendments to the State plan.
(ii) REVIEW OF REVISED PLANS.—The Secretary shall review the information submitted under clause
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ESEA OF 1965 18
(i) and approve changes to the State plan, or dis- approve such changes in accordance with paragraph (4)(A)(vi), within 90 days, without undertaking the peer-review process under such paragraph.
(iii) SPECIAL RULE FOR STANDARDS.—If a State makes changes to its challenging State academic standards, the requirements of subsection (b)(1), in- cluding the requirement that such standards need not be submitted to the Secretary pursuant to subsection (b)(1)(A), shall still apply.
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(7) FAILURE TO MEET REQUIREMENTS.—If a State fails to meet any of the requirements of this section, the Secretary may withhold funds for State administration under this part until the Secretary determines that the State has fulfilled those requirements.
(8) PUBLIC COMMENT.—Each State shall make the State plan publicly available for public comment for a period of not less than 30 days, by electronic means and in an easily acces- sible format, prior to submission to the Secretary for approval under this subsection. The State, in the plan it files under this subsection, shall provide an assurance that public comments were taken into account in the development of the State plan. (b) CHALLENGING ACADEMIC STANDARDS AND ACADEMIC AS-
SESSMENTS.—
(1) CHALLENGING STATE ACADEMIC STANDARDS.—
(A) IN GENERAL.—Each State, in the plan it files under subsection (a), shall provide an assurance that the State has adopted challenging academic content standards and aligned academic achievement standards (referred to in this Act as ‘‘challenging State academic standards’’), which achievement standards shall include not less than 3 levels of achievement, that will be used by the State, its local educational agencies, and its schools to carry out this part. A State shall not be required to submit such challenging State academic standards to the Secretary.
(B) SAME STANDARDS.—Except as provided in subpara- graph (E), the standards required by subparagraph (A) shall—
(i) apply to all public schools and public school students in the State; and
(ii) with respect to academic achievement stand- ards, include the same knowledge, skills, and levels of achievement expected of all public school students in the State.
(C) SUBJECTS.—The State shall have such academic
standards for mathematics, reading or language arts, and science, and may have such standards for any other sub- ject determined by the State.
(D) ALIGNMENT.—
(i) IN GENERAL.—Each State shall demonstrate
that the challenging State academic standards are aligned with entrance requirements for credit-bearing coursework in the system of public higher education in
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19 ESEA OF 1965 Sec. 1111
the State and relevant State career and technical edu- cation standards.
(ii) RULE OF CONSTRUCTION.—Nothing in this Act shall be construed to authorize public institutions of higher education to determine the specific challenging State academic standards required under this para- graph.
(E) ALTERNATE ACADEMIC ACHIEVEMENT STANDARDS
FOR STUDENTS WITH THE MOST SIGNIFICANT COGNITIVE DIS- ABILITIES.—
(i) IN GENERAL.—The State may, through a docu- mented and validated standards-setting process, adopt alternate academic achievement standards for stu- dents with the most significant cognitive disabilities, provided those standards—
(I) are aligned with the challenging State aca- demic content standards under subparagraph (A); (II) promote access to the general education curriculum, consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.);
(III) reflect professional judgment as to the
highest possible standards achievable by such stu- dents;
(IV) are designated in the individualized edu- cation program developed under section 614(d)(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(3)) for each such student as the academic achievement standards that will be used for the student; and
(V) are aligned to ensure that a student who meets the alternate academic achievement stand- ards is on track to pursue postsecondary edu- cation or employment, consistent with the pur- poses of Public Law 93–112, as in effect on July 22, 2014.
(ii) PROHIBITION ON ANY OTHER ALTERNATE OR
MODIFIED ACADEMIC ACHIEVEMENT STANDARDS.—A State shall not develop, or implement for use under this part, any alternate academic achievement stand- ards for children with disabilities that are not alter- nate academic achievement standards that meet the requirements of clause (i).
(F) ENGLISH LANGUAGE PROFICIENCY STANDARDS.— Each State plan shall demonstrate that the State has adopted English language proficiency standards that—
(i) are derived from the 4 recognized domains of speaking, listening, reading, and writing;
(ii) address the different proficiency levels of English learners; and
(iii) are aligned with the challenging State aca- demic standards.
(G) PROHIBITIONS.—
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(i) STANDARDS REVIEW OR APPROVAL.—A State shall not be required to submit any standards devel- oped under this subsection to the Secretary for review or approval.
(ii) FEDERAL CONTROL.—The Secretary shall not have the authority to mandate, direct, control, coerce, or exercise any direction or supervision over any of the challenging State academic standards adopted or im- plemented by a State.
(H) EXISTING STANDARDS.—Nothing in this part shall
prohibit a State from revising, consistent with this section, any standards adopted under this part before or after the date of enactment of the Every Student Succeeds Act.
(2) ACADEMIC ASSESSMENTS.—
(A) IN GENERAL.—Each State plan shall demonstrate that the State educational agency, in consultation with local educational agencies, has implemented a set of high- quality student academic assessments in mathematics, reading or language arts, and science. The State retains the right to implement such assessments in any other sub- ject chosen by the State.
(B) REQUIREMENTS.—The assessments under subpara- graph (A) shall—
(i) except as provided in subparagraph (D), be—
(I) the same academic assessments used to measure the achievement of all public elementary school and secondary school students in the State;
and
(II) administered to all public elementary
school and secondary school students in the State;
(ii) be aligned with the challenging State academic standards, and provide coherent and timely informa- tion about student attainment of such standards and whether the student is performing at the student’s grade level;
(iii) be used for purposes for which such assess- ments are valid and reliable, consistent with relevant, nationally recognized professional and technical test- ing standards, objectively measure academic achieve- ment, knowledge, and skills, and be tests that do not evaluate or assess personal or family beliefs and atti- tudes, or publicly disclose personally identifiable infor- mation;
(iv) be of adequate technical quality for each pur- pose required under this Act and consistent with the requirements of this section, the evidence of which shall be made public, including on the website of the State educational agency;
(v)(I) in the case of mathematics and reading or language arts, be administered—
(aa) in each of grades 3 through 8; and
(bb) at least once in grades 9 through 12;
(II) in the case of science, be administered not less
than one time during—
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21 ESEA OF 1965 Sec. 1111
(aa) grades 3 through 5;
(bb) grades 6 through 9; and (cc) grades 10 through 12; and
(III) in the case of any other subject chosen by the State, be administered at the discretion of the State; (vi) involve multiple up-to-date measures of stu- dent academic achievement, including measures that assess higher-order thinking skills and understanding, which may include measures of student academic growth and may be partially delivered in the form of
portfolios, projects, or extended performance tasks; (vii) provide for—
(I) the participation in such assessments of all students;
(II) the appropriate accommodations, such as interoperability with, and ability to use, assistive technology, for children with disabilities (as de- fined in section 602(3) of the Individuals with Dis- abilities Education Act (20 U.S.C. 1401(3))), in- cluding students with the most significant cog- nitive disabilities, and students with a disability who are provided accommodations under an Act other than the Individuals with Disabilities Edu- cation Act (20 U.S.C. 1400 et seq.), necessary to measure the academic achievement of such chil- dren relative to the challenging State academic standards or alternate academic achievement standards described in paragraph (1)(E); and
(III) the inclusion of English learners, who shall be assessed in a valid and reliable manner and provided appropriate accommodations on as- sessments administered to such students under this paragraph, including, to the extent prac- ticable, assessments in the language and form most likely to yield accurate data on what such students know and can do in academic content areas, until such students have achieved English language proficiency, as determined under sub- paragraph (G);
(viii) at the State’s discretion—
(I) be administered through a single summative assessment; or
(II) be administered through multiple state- wide interim assessments during the course of the academic year that result in a single summative score that provides valid, reliable, and trans- parent information on student achievement or growth;
(ix) notwithstanding clause (vii)(III), provide for
assessments (using tests in English) of reading or lan- guage arts of any student who has attended school in the United States (not including the Commonwealth of Puerto Rico) for 3 or more consecutive school years, ex- cept that if the local educational agency determines,
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on a case-by-case individual basis, that academic as- sessments in another language or form would likely yield more accurate and reliable information on what such student knows and can do, the local educational agency may make a determination to assess such stu- dent in the appropriate language other than English for a period that does not exceed 2 additional consecu- tive years, provided that such student has not yet reached a level of English language proficiency suffi- cient to yield valid and reliable information on what such student knows and can do on tests (written in English) of reading or language arts;
(x) produce individual student interpretive, de- scriptive, and diagnostic reports, consistent with clause (iii), regarding achievement on such assess- ments that allow parents, teachers, principals, and other school leaders to understand and address the specific academic needs of students, and that are pro- vided to parents, teachers, and school leaders, as soon as is practicable after the assessment is given, in an understandable and uniform format, and to the extent practicable, in a language that parents can under- stand;
(xi) enable results to be disaggregated within each State, local educational agency, and school by—
(I) each major racial and ethnic group;
(II) economically disadvantaged students as compared to students who are not economically disadvantaged;
(III) children with disabilities as compared to children without disabilities;
(IV) English proficiency status; (V) gender; and
(VI) migrant status,
except that such disaggregation shall not be required in the case of a State, local educational agency, or a school in which the number of students in a subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable in- formation about an individual student;
(xii) enable itemized score analyses to be produced and reported, consistent with clause (iii), to local edu- cational agencies and schools, so that parents, teach- ers, principals, other school leaders, and administra- tors can interpret and address the specific academic needs of students as indicated by the students’ achievement on assessment items; and
(xiii) be developed, to the extent practicable, using the principles of universal design for learning.
(C) EXCEPTION FOR ADVANCED MATHEMATICS IN MIDDLE
SCHOOL.—A State may exempt any 8th grade student from the assessment in mathematics described in subparagraph (B)(v)(I)(aa) if—
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23 ESEA OF 1965 Sec. 1111
(i) such student takes the end-of-course assess- ment the State typically administers to meet the re- quirements of subparagraph (B)(v)(I)(bb) in mathe- matics;
(ii) such student’s achievement on such end-of- course assessment is used for purposes of subsection (c)(4)(B)(i), in lieu of such student’s achievement on the mathematics assessment required under subpara- graph (B)(v)(I)(aa), and such student is counted as participating in the assessment for purposes of sub- section (c)(4)(B)(vi); and
(iii) in high school, such student takes a mathe- matics assessment pursuant to subparagraph (B)(v)(I)(bb) that—
(I) is any end-of-course assessment or other assessment that is more advanced than the as- sessment taken by such student under clause (i) of this subparagraph; and
(II) shall be used to measure such student’s academic achievement for purposes of subsection (c)(4)(B)(i).
(D) ALTERNATE ASSESSMENTS FOR STUDENTS WITH THE MOST SIGNIFICANT COGNITIVE DISABILITIES.—
(i) ALTERNATE ASSESSMENTS ALIGNED WITH ALTER- NATE ACADEMIC ACHIEVEMENT STANDARDS.—A State may provide for alternate assessments aligned with the challenging State academic standards and alter- nate academic achievement standards described in paragraph (1)(E) for students with the most significant cognitive disabilities, if the State—
(I) consistent with clause (ii), ensures that, for each subject, the total number of students as- sessed in such subject using the alternate assess- ments does not exceed 1 percent of the total num- ber of all students in the State who are assessed in such subject;
(II) ensures that the parents of such students are clearly informed, as part of the process for de- veloping the individualized education program (as defined in section 614(d)(1)(A) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)))—
(aa) that their child’s academic achieve- ment will be measured based on such alter- nate standards; and
(bb) how participation in such assess- ments may delay or otherwise affect the stu- dent from completing the requirements for a regular high school diploma;
(III) promotes, consistent with the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.), the involvement and progress of students with the most significant cognitive disabilities in the general education curriculum;
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ESEA OF 1965 24
(IV) describes in the State plan the steps the State has taken to incorporate universal design for learning, to the extent feasible, in alternate as- sessments;
(V) describes in the State plan that general and special education teachers, and other appro- priate staff—
(aa) know how to administer the alter- nate assessments; and
(bb) make appropriate use of accommoda- tions for students with disabilities on all as- sessments required under this paragraph;
(VI) develops, disseminates information on,
and promotes the use of appropriate accommoda- tions to increase the number of students with sig- nificant cognitive disabilities—
(aa) participating in academic instruction and assessments for the grade level in which the student is enrolled; and
(bb) who are tested based on challenging State academic standards for the grade level in which the student is enrolled; and
(VII) does not preclude a student with the
most significant cognitive disabilities who takes an alternate assessment based on alternate aca- demic achievement standards from attempting to complete the requirements for a regular high school diploma.
(ii) SPECIAL RULES.—
(I) RESPONSIBILITY UNDER IDEA.—Subject to
the authority and requirements for the individual- ized education program team for a child with a disability under section 614(d)(1)(A)(i)(VI)(bb) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VI)(bb)), such team, consistent with the guidelines established by the State and required under section 612(a)(16)(C) of such Act (20 U.S.C. 1412(c)(16)(C)) and clause (i)(II) of this subparagraph, shall determine when a child with a significant cognitive disability shall participate in an alternate assessment aligned with the alternate academic achievement stand- ards.
(II) PROHIBITION ON LOCAL CAP.—Nothing in this subparagraph shall be construed to permit the Secretary or a State educational agency to im- pose on any local educational agency a cap on the percentage of students administered an alternate assessment under this subparagraph, except that a local educational agency exceeding the cap ap- plied to the State under clause (i)(I) shall submit information to the State educational agency justi- fying the need to exceed such cap.
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25 ESEA OF 1965 Sec. 1111
(III) STATE SUPPORT.—A State shall provide appropriate oversight, as determined by the State, of any local educational agency that is required to submit information to the State under subclause (II).
(IV) WAIVER AUTHORITY.—This subparagraph shall be subject to the waiver authority under sec- tion 8401.
(E) STATE AUTHORITY.—If a State educational agency provides evidence, which is satisfactory to the Secretary, that neither the State educational agency nor any other State government official, agency, or entity has sufficient authority, under State law, to adopt challenging State aca- demic standards, and academic assessments aligned with such standards, which will be applicable to all students en- rolled in the State’s public elementary schools and sec- ondary schools, then the State educational agency may meet the requirements of this subsection by—
(i) adopting academic standards and academic as- sessments that meet the requirements of this sub- section, on a statewide basis, and limiting their appli- cability to students served under this part; or
(ii) adopting and implementing policies that en- sure that each local educational agency in the State that receives grants under this part will adopt aca- demic content and student academic achievement standards, and academic assessments aligned with such standards, which—
(I) meet all of the criteria in this subsection and any regulations regarding such standards and assessments that the Secretary may publish; and
(II) are applicable to all students served by each such local educational agency.
(F) LANGUAGE ASSESSMENTS.—
(i) IN GENERAL.—Each State plan shall identify
the languages other than English that are present to a significant extent in the participating student popu- lation of the State and indicate the languages for which annual student academic assessments are not available and are needed.
(ii) SECRETARIAL ASSISTANCE.—The State shall make every effort to develop such assessments and may request assistance from the Secretary if linguis- tically accessible academic assessment measures are needed. Upon request, the Secretary shall assist with the identification of appropriate academic assessment measures in the needed languages, but shall not man- date a specific academic assessment or mode of in- struction.
(G) ASSESSMENTS OF ENGLISH LANGUAGE PRO-
FICIENCY.—
(i) IN GENERAL.—Each State plan shall dem-
onstrate that local educational agencies in the State will provide for an annual assessment of English pro-
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ESEA OF 1965 26
ficiency of all English learners in the schools served by the State educational agency.
(ii) ALIGNMENT.—The assessments described in clause (i) shall be aligned with the State’s English lan- guage proficiency standards described in paragraph (1)(F).
(H) LOCALLY-SELECTED ASSESSMENT.—
(i) IN GENERAL.—Nothing in this paragraph shall be construed to prohibit a local educational agency from administering a locally-selected assessment in lieu of the State-designed academic assessment under subclause (I)(bb) and subclause (II)(cc) of subpara- graph (B)(v), if the local educational agency selects a nationally-recognized high school academic assessment that has been approved for use by the State as de- scribed in clause (iii) or (iv) of this subparagraph.
(ii) STATE TECHNICAL CRITERIA.—To allow for State approval of nationally-recognized high school academic assessments that are available for local se- lection under clause (i), a State educational agency shall establish technical criteria to determine if any such assessment meets the requirements of clause (v).
(iii) STATE APPROVAL.—If a State educational agency chooses to make a nationally-recognized high school assessment available for selection by a local educational agency under clause (i), which has not al- ready been approved under this clause, such State educational agency shall—
(I) conduct a review of the assessment to de- termine if such assessment meets or exceeds the technical criteria established by the State edu- cational agency under clause (ii);
(II) submit evidence in accordance with sub- section (a)(4) that demonstrates such assessment meets the requirements of clause (v); and
(III) after fulfilling the requirements of sub- clauses (I) and (II), approve such assessment for selection and use by any local educational agency that requests to use such assessment under clause (i).
(iv) LOCAL EDUCATIONAL AGENCY OPTION.—
(I) LOCAL EDUCATIONAL AGENCY.—If a local educational agency chooses to submit a nationally- recognized high school academic assessment to the State educational agency, subject to the approval process described in subclause (I) and subclause (II) of clause (iii) to determine if such assessment fulfills the requirements of clause (v), the State educational agency may approve the use of such assessment consistent with clause (i).
(II) STATE EDUCATIONAL AGENCY.—Upon such approval, the State educational agency shall ap- prove the use of such assessment in any other local educational agency in the State that subse-
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27 ESEA OF 1965 Sec. 1111
quently requests to use such assessment without repeating the process described in subclauses (I) and (II) of clause (iii).
(v) REQUIREMENTS.—To receive approval from the
State educational agency under clause (iii), a locally- selected assessment shall—
(I) be aligned to the State’s academic content standards under paragraph (1), address the depth and breadth of such standards, and be equivalent in its content coverage, difficulty, and quality to the State-designed assessments under this para- graph (and may be more rigorous in its content coverage and difficulty than such State-designed assessments);
(II) provide comparable, valid, and reliable data on academic achievement, as compared to the State-designed assessments, for all students and for each subgroup of students defined in sub- section (c)(2), with results expressed in terms con- sistent with the State’s academic achievement standards under paragraph (1), among all local educational agencies within the State;
(III) meet the requirements for the assess- ments under subparagraph (B) of this paragraph, including technical criteria, except the require- ment under clause (i) of such subparagraph; and
(IV) provide unbiased, rational, and consistent differentiation between schools within the State to meet the requirements of subsection (c).
(vi) PARENTAL NOTIFICATION.—A local educational
agency shall notify the parents of high school students served by the local educational agency—
(I) of its request to the State educational agency for approval to administer a locally-se- lected assessment; and
(II) upon approval, and at the beginning of each subsequent school year during which the lo- cally selected assessment will be administered, that the local educational agency will be admin- istering a different assessment than the State-de- signed assessments under subclause (I)(bb) and subclause (II)(cc) of subparagraph (B)(v).
(I) DEFERRAL.—A State may defer the commencement, or suspend the administration, but not cease the develop- ment, of the assessments described in this paragraph, for 1 year for each year for which the amount appropriated for grants under part B is less than $369,100,000.
(J) ADAPTIVE ASSESSMENTS.—
(i) IN GENERAL.—Subject to clause (ii), a State re-
tains the right to develop and administer computer adaptive assessments as the assessments described in this paragraph, provided the computer adaptive as- sessments meet the requirements of this paragraph, except that—
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ESEA OF 1965 28
(I) subparagraph (B)(i) shall not be inter- preted to require that all students taking the com- puter adaptive assessment be administered the same assessment items; and
(II) such assessment—
(aa) shall measure, at a minimum, each
student’s academic proficiency based on the challenging State academic standards for the student’s grade level and growth toward such standards; and
(bb) may measure the student’s level of academic proficiency and growth using items above or below the student’s grade level, in- cluding for use as part of a State’s account- ability system under subsection (c).
(ii) STUDENTS WITH THE MOST SIGNIFICANT COG- NITIVE DISABILITIES AND ENGLISH LEARNERS.—In devel- oping and administering computer adaptive assess- ments—
(I) as the assessments allowed under subpara- graph (D), a State shall ensure that such com- puter adaptive assessments—
(aa) meet the requirements of this para- graph, including subparagraph (D), except such assessments shall not be required to meet the requirements of clause (i)(II); and
(bb) assess the student’s academic achievement to measure, in the subject being assessed, whether the student is performing at the student’s grade level; and
(II) as the assessments required under sub- paragraph (G), a State shall ensure that such computer adaptive assessments—
(aa) meet the requirements of this para- graph, including subparagraph (G), except such assessment shall not be required to meet the requirements of clause (i)(II); and
(bb) assess the student’s language pro- ficiency, which may include growth towards such proficiency, in order to measure the stu- dent’s acquisition of English.
(K) RULE OF CONSTRUCTION ON PARENT RIGHTS.—Noth- ing in this paragraph shall be construed as preempting a State or local law regarding the decision of a parent to not have the parent’s child participate in the academic assess- ments under this paragraph.
(L) LIMITATION ON ASSESSMENT TIME.—Subject to Fed- eral or State requirements related to assessments, evalua- tions, and accommodations, each State may, at the sole discretion of such State, set a target limit on the aggregate amount of time devoted to the administration of assess- ments for each grade, expressed as a percentage of annual instructional hours.
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(3) EXCEPTION FOR RECENTLY ARRIVED ENGLISH LEARN- ERS.—
(A) ASSESSMENTS.—With respect to recently arrived English learners who have been enrolled in a school in one of the 50 States in the United States or the District of Co- lumbia for less than 12 months, a State may choose to—
(i) exclude—
(I) such an English learner from one adminis-
tration of the reading or language arts assessment required under paragraph (2); and
(II) such an English learner’s results on any of the assessments required under paragraph (2)(B)(v)(I) or (2)(G) for the first year of the English learner’s enrollment in such a school for the purposes of the State-determined account- ability system under subsection (c); or
(ii)(I) assess, and report the performance of, such
an English learner on the reading or language arts and mathematics assessments required under para- graph (2)(B)(v)(I) in each year of the student’s enroll- ment in such a school; and
(II) for the purposes of the State-determined ac- countability system—
(aa) for the first year of the student’s enroll- ment in such a school, exclude the results on the assessments described in subclause (I);
(bb) include a measure of student growth on the assessments described in subclause (I) in the second year of the student’s enrollment in such a school; and
(cc) include proficiency on the assessments de- scribed in subclause (I) in the third year of the student’s enrollment in such a school, and each succeeding year of such enrollment.
(B) ENGLISH LEARNER SUBGROUP.—With respect to a student previously identified as an English learner and for not more than 4 years after the student ceases to be iden- tified as an English learner, a State may include the re- sults of the student’s assessments under paragraph (2)(B)(v)(I) within the English learner subgroup of the sub- groups of students (as defined in subsection (c)(2)(D)) for the purposes of the State-determined accountability sys- tem.
(c) STATEWIDE ACCOUNTABILITY SYSTEM.—
(1) IN GENERAL.—Each State plan shall describe a state-
wide accountability system that complies with the require- ments of this subsection and subsection (d).
(2) SUBGROUP OF STUDENTS.—In this subsection and sub- section (d), the term ‘‘subgroup of students’’ means—
(A) economically disadvantaged students;
(B) students from major racial and ethnic groups; (C) children with disabilities; and
(D) English learners.
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(3) MINIMUM NUMBER OF STUDENTS.—Each State shall de- scribe—
(A) with respect to any provisions under this part that require disaggregation of information by each subgroup of students—
(i) the minimum number of students that the State determines are necessary to be included to carry out such requirements and how that number is statis- tically sound, which shall be the same State-deter- mined number for all students and for each subgroup of students in the State;
(ii) how such minimum number of students was determined by the State, including how the State col- laborated with teachers, principals, other school lead- ers, parents, and other stakeholders when determining such minimum number; and
(iii) how the State ensures that such minimum number is sufficient to not reveal any personally iden- tifiable information.
(4) DESCRIPTION OF SYSTEM.—The statewide accountability system described in paragraph (1) shall be based on the chal- lenging State academic standards for reading or language arts and mathematics described in subsection (b)(1) to improve stu- dent academic achievement and school success. In designing such system to meet the requirements of this part, the State shall carry out the following:
(A) ESTABLISHMENT OF LONG-TERM GOALS.—Establish ambitious State-designed long-term goals, which shall in- clude measurements of interim progress toward meeting such goals—
(i) for all students and separately for each sub- group of students in the State—
(I) for, at a minimum, improved—
(aa) academic achievement, as measured
by proficiency on the annual assessments re- quired under subsection (b)(2)(B)(v)(I); and
(bb) high school graduation rates, includ- ing—
(AA) the four-year adjusted cohort graduation rate; and
(BB) at the State’s discretion, the ex- tended-year adjusted cohort graduation rate, except that the State shall set a more rigorous long-term goal for such graduation rate, as compared to the long- term goal set for the four-year adjusted cohort graduation rate;
(II) for which the term set by the State for such goals is the same multi-year length of time for all students and for each subgroup of students in the State; and
(III) that, for subgroups of students who are behind on the measures described in items (aa) and (bb) of subclause (I), take into account the im-
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31 ESEA OF 1965 Sec. 1111
provement necessary on such measures to make significant progress in closing statewide pro- ficiency and graduation rate gaps; and
(ii) for English learners, for increases in the per-
centage of such students making progress in achieving English language proficiency, as defined by the State and measured by the assessments described in sub- section (b)(2)(G), within a State-determined timeline. (B) INDICATORS.—Except for the indicator described in
clause (iv), annually measure, for all students and sepa- rately for each subgroup of students, the following indica- tors:
(i) For all public schools in the State, based on the long-term goals established under subparagraph (A), academic achievement—
(I) as measured by proficiency on the annual assessments required under subsection (b)(2)(B)(v)(I); and
(II) at the State’s discretion, for each public high school in the State, student growth, as meas- ured by such annual assessments.
(ii) For public elementary schools and secondary
schools that are not high schools in the State—
(I) a measure of student growth, if determined
appropriate by the State; or
(II) another valid and reliable statewide aca-
demic indicator that allows for meaningful dif- ferentiation in school performance.
(iii) For public high schools in the State, and
based on State-designed long term goals established under subparagraph (A)—
(I) the four-year adjusted cohort graduation rate; and
(II) at the State’s discretion, the extended- year adjusted cohort graduation rate.
(iv) For public schools in the State, progress in
achieving English language proficiency, as defined by the State and measured by the assessments described in subsection (b)(2)(G), within a State-determined timeline for all English learners—
(I) in each of the grades 3 through 8; and
(II) in the grade for which such English learn- ers are otherwise assessed under subsection (b)(2)(B)(v)(I) during the grade 9 through grade 12 period, with such progress being measured against the results of the assessments described in sub- section (b)(2)(G) taken in the previous grade.
(v)(I) For all public schools in the State, not less
than one indicator of school quality or student success that—
(aa) allows for meaningful differentiation in school performance;
(bb) is valid, reliable, comparable, and state- wide (with the same indicator or indicators used
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for each grade span, as such term is determined by the State); and
(cc) may include one or more of the measures described in subclause (II).
(II) For purposes of subclause (I), the State may
include measures of—
(III) student engagement;
(IV) educator engagement;
(V) student access to and completion of ad- vanced coursework;
(VI) postsecondary readiness;
(VII) school climate and safety; and
(VIII) any other indicator the State chooses
that meets the requirements of this clause.
(C) ANNUAL MEANINGFUL DIFFERENTIATION.—Establish a system of meaningfully differentiating, on an annual
basis, all public schools in the State, which shall—
(i) be based on all indicators in the State’s ac- countability system under subparagraph (B), for all students and for each of subgroup of students, con-
sistent with the requirements of such subparagraph; (ii) with respect to the indicators described in
clauses (i) through (iv) of subparagraph (B) afford—
(I) substantial weight to each such indicator;
and
(II) in the aggregate, much greater weight
than is afforded to the indicator or indicators uti- lized by the State and described in subparagraph (B)(v), in the aggregate; and
(iii) include differentiation of any such school in
which any subgroup of students is consistently under- performing, as determined by the State, based on all indicators under subparagraph (B) and the system es- tablished under this subparagraph.
(D) IDENTIFICATION OF SCHOOLS.—Based on the sys- tem of meaningful differentiation described in subpara- graph (C), establish a State-determined methodology to identify—
(i) beginning with school year 2017–2018, and at least once every three school years thereafter, one statewide category of schools for comprehensive sup- port and improvement, as described in subsection (d)(1), which shall include—
(I) not less than the lowest-performing 5 per- cent of all schools receiving funds under this part in the State;
(II) all public high schools in the State failing to graduate one third or more of their students; and
(III) public schools in the State described under subsection (d)(3)(A)(i)(II); and
(ii) at the discretion of the State, additional state-
wide categories of schools.
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33 ESEA OF 1965 Sec. 1111
(E) ANNUAL MEASUREMENT OF ACHIEVEMENT.—(i) An- nually measure the achievement of not less than 95 per- cent of all students, and 95 percent of all students in each subgroup of students, who are enrolled in public schools on the assessments described under subsection (b)(2)(v)(I).
(ii) For the purpose of measuring, calculating, and re- porting on the indicator described in subparagraph (B)(i), include in the denominator the greater of—
(I) 95 percent of all such students, or 95 percent of all such students in the subgroup, as the case may be; or
(II) the number of students participating in the assessments.
(iii) Provide a clear and understandable explanation of how the State will factor the requirement of clause (i) of this subparagraph into the statewide accountability sys- tem.
(F) PARTIAL ATTENDANCE.—(i) In the case of a student who has not attended the same school within a local edu- cational agency for at least half of a school year, the per- formance of such student on the indicators described in clauses (i), (ii), (iv), and (v) of subparagraph (B)—
(I) may not be used in the system of meaningful differentiation of all public schools as described in sub- paragraph (C) for such school year; and
(II) shall be used for the purpose of reporting on the State and local educational agency report cards under subsection (h) for such school year.
(ii) In the case of a high school student who has not
attended the same school within a local educational agency for at least half of a school year and has exited high school without a regular high school diploma and without trans- ferring to another high school that grants a regular high school diploma during such school year, the local edu- cational agency shall, in order to calculate the graduation rate pursuant to subparagraph (B)(iii), assign such student to the high school—
(I) at which such student was enrolled for the greatest proportion of school days while enrolled in grades 9 through 12; or
(II) in which the student was most recently en- rolled.
(5) ACCOUNTABILITY FOR CHARTER SCHOOLS.—The account- ability provisions under this Act shall be overseen for charter schools in accordance with State charter school law.
(d) SCHOOL SUPPORT AND IMPROVEMENT ACTIVITIES.—
(1) COMPREHENSIVE SUPPORT AND IMPROVEMENT.—
(A) IN GENERAL.—Each State educational agency re- ceiving funds under this part shall notify each local edu- cational agency in the State of any school served by the local educational agency that is identified for comprehen- sive support and improvement under subsection
(c)(4)(D)(i).
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(B) LOCAL EDUCATIONAL AGENCY ACTION.—Upon re- ceiving such information from the State, the local edu- cational agency shall, for each school identified by the State and in partnership with stakeholders (including principals and other school leaders, teachers, and parents), locally develop and implement a comprehensive support and improvement plan for the school to improve student outcomes, that—
(i) is informed by all indicators described in sub- section (c)(4)(B), including student performance against State-determined long-term goals;
(ii) includes evidence-based interventions;
(iii) is based on a school-level needs assessment; (iv) identifies resource inequities, which may in-
clude a review of local educational agency and school- level budgeting, to be addressed through implementa- tion of such comprehensive support and improvement plan;
(v) is approved by the school, local educational agency, and State educational agency; and
(vi) upon approval and implementation, is mon- itored and periodically reviewed by the State edu- cational agency.
(C) STATE EDUCATIONAL AGENCY DISCRETION.—With
respect to any high school in the State identified under subsection (c)(4)(D)(i)(II), the State educational agency may—
(i) permit differentiated improvement activities that utilize evidence-based interventions in the case of such a school that predominantly serves students—
(I) returning to education after having exited secondary school without a regular high school di- ploma; or
(II) who, based on their grade or age, are sig- nificantly off track to accumulate sufficient aca- demic credits to meet high school graduation re- quirements, as established by the State; and
(ii) in the case of such a school that has a total en- rollment of less than 100 students, permit the local educational agency to forego implementation of im- provement activities required under this paragraph. (D) PUBLIC SCHOOL CHOICE.—
(i) IN GENERAL.—A local educational agency may provide all students enrolled in a school identified by the State for comprehensive support and improvement under subsection (c)(4)(D)(i) with the option to transfer to another public school served by the local edu- cational agency, unless such an option is prohibited by State law.
(ii) PRIORITY.—In providing students the option to transfer to another public school, the local educational agency shall give priority to the lowest-achieving chil- dren from low-income families, as determined by the
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35 ESEA OF 1965 Sec. 1111
local educational agency for the purposes of allocating funds to schools under section 1113(a)(3).
(iii) TREATMENT.—A student who uses the option to transfer to another public school shall be enrolled in classes and other activities in the public school to which the student transfers in the same manner as all other students at the public school.
(iv) SPECIAL RULE.—A local educational agency shall permit a student who transfers to another public school under this paragraph to remain in that school until the student has completed the highest grade in that school.
(v) FUNDING FOR TRANSPORTATION.—A local edu- cational agency may spend an amount equal to not more than 5 percent of its allocation under subpart 2 of this part to pay for the provision of transportation for students who transfer under this paragraph to the public schools to which the students transfer.
(2) TARGETED SUPPORT AND IMPROVEMENT.—
(A) IN GENERAL.—Each State educational agency re-
ceiving funds under this part shall, using the meaningful differentiation of schools described in subsection (c)(4)(C)— (i) notify each local educational agency in the State of any school served by the local educational agency in which any subgroup of students is consist- ently underperforming, as described in subsection
(c)(4)(C)(iii); and
(ii) ensure such local educational agency provides
notification to such school with respect to which sub- group or subgroups of students in such school are con- sistently underperforming as described in subsection (c)(4)(C)(iii).
(B) TARGETED SUPPORT AND IMPROVEMENT PLAN.— Each school receiving a notification described in this para- graph, in partnership with stakeholders (including prin- cipals and other school leaders, teachers and parents), shall develop and implement a school-level targeted sup- port and improvement plan to improve student outcomes based on the indicators in the statewide accountability sys- tem established under subsection (c)(4), for each subgroup of students that was the subject of notification that—
(i) is informed by all indicators described in sub- section (c)(4)(B), including student performance against long-term goals;
(ii) includes evidence-based interventions;
(iii) is approved by the local educational agency prior to implementation of such plan;
(iv) is monitored, upon submission and implemen- tation, by the local educational agency; and
(v) results in additional action following unsuc- cessful implementation of such plan after a number of years determined by the local educational agency.
(C) ADDITIONAL TARGETED SUPPORT.—A plan described
in subparagraph (B) that is developed and implemented in
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any school receiving a notification under this paragraph from the local educational agency in which any subgroup of students, on its own, would lead to identification under subsection (c)(4)(D)(i)(I) using the State’s methodology under subsection (c)(4)(D) shall also identify resource in- equities (which may include a review of local educational agency and school level budgeting), to be addressed through implementation of such plan.
(D) SPECIAL RULE.—The State educational agency, based on the State’s differentiation of schools under sub- section (c)(4)(C) for school year 2017–2018, shall notify local educational agencies of any schools served by the local educational agency in which any subgroup of stu- dents, on its own, would lead to identification under sub- section (c)(4)(D)(i)(I) using the State’s methodology under subsection (c)(4)(D), after which notification of such schools under this paragraph shall result from differentiation of schools pursuant to subsection (c)(4)(C)(iii).
(3) CONTINUED SUPPORT FOR SCHOOL AND LOCAL EDU-
CATIONAL AGENCY IMPROVEMENT.—To ensure continued progress to improve student academic achievement and school success in the State, the State educational agency—
(A) shall—
(i) establish statewide exit criteria for—
(I) schools identified by the State for com- prehensive support and improvement under sub- section (c)(4)(D)(i), which, if not satisfied within a State-determined number of years (not to exceed four years), shall result in more rigorous State-de- termined action, such as the implementation of interventions (which may include addressing school-level operations); and
(II) schools described in paragraph (2)(C), which, if not satisfied within a State-determined number of years, shall, in the case of such schools receiving assistance under this part, result in identification of the school by the State for com- prehensive support and improvement under sub- section (c)(4)(D)(i)(III);
(ii) periodically review resource allocation to sup-
port school improvement in each local educational agency in the State serving—
(I) a significant number of schools identified for comprehensive support and improvement under subsection (c)(4)(D)(i); and
(II) a significant number of schools imple- menting targeted support and improvement plans under paragraph (2); and
(iii) provide technical assistance to each local edu-
cational agency in the State serving a significant num- ber of—
(I) schools implementing comprehensive sup- port and improvement plans under paragraph (1); or
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37 ESEA OF 1965 Sec. 1111
(II) schools implementing targeted support and improvement plans under paragraph (2); and
(B) may—
(i) take action to initiate additional improvement
in any local educational agency with—
(I) a significant number of schools that are
consistently identified by the State for comprehen- sive support and improvement under subsection (c)(4)(D)(i) and not meeting exit criteria estab- lished by the State under subparagraph (A)(i)(I); or
(II) a significant number of schools imple- menting targeted support and improvement plans under paragraph (2); and
(ii) consistent with State law, establish alternative
evidence-based State determined strategies that can be used by local educational agencies to assist a school identified for comprehensive support and improvement under subsection (c)(4)(D)(i).
(4) RULE OF CONSTRUCTION FOR COLLECTIVE BARGAINING.— Nothing in this subsection shall be construed to alter or other- wise affect the rights, remedies, and procedures afforded to school or local educational agency employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employers and their employees.
(e) PROHIBITION.—
(1) IN GENERAL.—Nothing in this Act shall be construed to
authorize or permit the Secretary—
(A) when promulgating any rule or regulation, to pro-
mulgate any rule or regulation on the development or im- plementation of the statewide accountability system estab- lished under this section that would—
(i) add new requirements that are inconsistent with or outside the scope of this part;
(ii) add new criteria that are inconsistent with or outside the scope of this part; or
(iii) be in excess of statutory authority granted to the Secretary;
(B) as a condition of approval of the State plan, or re- visions or amendments to, the State plan, or approval of a waiver request submitted under section 8401, to—
(i) require a State to add any requirements that are inconsistent with or outside the scope of this part; (ii) require a State to add or delete one or more specific elements of the challenging State academic
standards; or
(iii) prescribe—
(I) numeric long-term goals or measurements of interim progress that States establish for all students, for any subgroups of students, and for English learners with respect to English language proficiency, under this part, including—
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(aa) the length of terms set by States in designing such goals; or
(bb) the progress expected from any sub- groups of students in meeting such goals;
(II) specific academic assessments or assess-
ment items that States or local educational agen- cies use to meet the requirements of subsection (b)(2) or otherwise use to measure student aca- demic achievement or student growth under this part;
(III) indicators that States use within the State accountability system under this section, in- cluding any requirement to measure student growth, or, if a State chooses to measure student growth, the specific metrics used to measure such growth under this part;
(IV) the weight of any measure or indicator used to identify or meaningfully differentiate schools, under this part;
(V) the specific methodology used by States to meaningfully differentiate or identify schools under this part;
(VI) any specific school support and improve- ment strategies or activities that State or local educational agencies establish and implement to intervene in, support, and improve schools and improve student outcomes under this part;
(VII) exit criteria established by States under subsection (d)(3)(A)(i);
(VIII) provided that the State meets the re- quirements in subsection (c)(3), a minimum num- ber of students established by a State under such subsection;
(IX) any aspect or parameter of a teacher, principal, or other school leader evaluation system within a State or local educational agency;
(X) indicators or specific measures of teacher, principal, or other school leader effectiveness or quality; or
(XI) the way in which the State factors the re- quirement under subsection (c)(4)(E)(i) into the statewide accountability system under this sec- tion; or
(C) to issue new non-regulatory guidance that—
(i) in seeking to provide explanation of require- ments under this section for State or local educational agencies, either in response to requests for informa- tion or in anticipation of such requests, provides a strictly limited or exhaustive list to illustrate success- ful implementation of provisions under this section; or
(ii) purports to be legally binding; or
(D) to require data collection under this part beyond
data derived from existing Federal, State, and local report- ing requirements.
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39 ESEA OF 1965 Sec. 1111
(2) DEFINING TERMS.—In carrying out this part, the Sec- retary shall not, through regulation or as a condition of ap- proval of the State plan or revisions or amendments to the State plan, promulgate a definition of any term used in this part, or otherwise prescribe any specification for any such term, that is inconsistent with or outside the scope of this part or is in violation of paragraph (1).
(f) EXISTING STATE LAW.—Nothing in this section shall be con-
strued to alter any State law or regulation granting parents au- thority over schools that repeatedly failed to make adequate yearly progress under this part, as in effect on the day before the date of the enactment of the Every Student Succeeds Act.
(g) OTHER PLAN PROVISIONS.—
(1) DESCRIPTIONS.—Each State plan shall describe—
(A) how the State will provide assistance to local edu- cational agencies and individual elementary schools choos- ing to use funds under this part to support early childhood education programs;
(B) how low-income and minority children enrolled in schools assisted under this part are not served at dis- proportionate rates by ineffective, out-of-field, or inexperi- enced teachers, and the measures the State educational agency will use to evaluate and publicly report the progress of the State educational agency with respect to such description (except that nothing in this subparagraph shall be construed as requiring a State to develop or imple- ment a teacher, principal, or other school leader evaluation system);
(C) how the State educational agency will support local educational agencies receiving assistance under this part to improve school conditions for student learning, in- cluding through reducing—
(i) incidences of bullying and harassment;
(ii) the overuse of discipline practices that remove students from the classroom; and
(iii) the use of aversive behavioral interventions that compromise student health and safety;
(D) how the State will support local educational agen-
cies receiving assistance under this part in meeting the needs of students at all levels of schooling (particularly students in the middle grades and high school), including how the State will work with such local educational agen- cies to provide effective transitions of students to middle grades and high school to decrease the risk of students dropping out;
(E) the steps a State educational agency will take to ensure collaboration with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.) to ensure the educational stability of children in foster care, including assurances that—
(i) any such child enrolls or remains in such child’s school of origin, unless a determination is made that it is not in such child’s best interest to attend the
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school of origin, which decision shall be based on all factors relating to the child’s best interest, including consideration of the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement;
(ii) when a determination is made that it is not in such child’s best interest to remain in the school of ori- gin, the child is immediately enrolled in a new school, even if the child is unable to produce records normally required for enrollment;
(iii) the enrolling school shall immediately contact the school last attended by any such child to obtain relevant academic and other records; and
(iv) the State educational agency will designate an employee to serve as a point of contact for child wel- fare agencies and to oversee implementation of the State agency responsibilities required under this sub- paragraph, and such point of contact shall not be the State’s Coordinator for Education of Homeless Chil- dren and Youths under section 722(d)(3) of the McKin- ney-Vento Homeless Assistance Act (42 U.S.C. 11432(d)(3));
(F) how the State educational agency will provide sup- port to local educational agencies in the identification, en- rollment, attendance, and school stability of homeless chil- dren and youths; and
(G) such other factors the State educational agency de- termines appropriate to provide students an opportunity to achieve the knowledge and skills described in the chal- lenging State academic standards.
(2) ASSURANCES.—Each State plan shall contain assur- ances that—
(A) the State will make public any methods or criteria the State is using to measure teacher, principal, or other school leader effectiveness for the purpose of meeting the requirements described in paragraph (1)(B);
(B) the State educational agency will notify local edu- cational agencies, Indian tribes and tribal organizations, schools, teachers, parents, and the public of the chal- lenging State academic standards, academic assessments, and State accountability system, developed under this sec- tion;
(C) the State educational agency will assist each local educational agency and school affected by the State plan to meet the requirements of this part;
(D) the State will participate in the biennial State aca- demic assessments in reading and mathematics in grades 4 and 8 of the National Assessment of Educational Progress carried out under section 303(b)(3) of the Na- tional Assessment of Educational Progress Authorization Act (20 U.S.C. 9622(b)(3)) if the Secretary pays the costs of administering such assessments;
(E) the State educational agency will modify or elimi- nate State fiscal and accounting barriers so that schools
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41 ESEA OF 1965 Sec. 1111
can easily consolidate funds from other Federal, State, and local sources to improve educational opportunities and re- duce unnecessary fiscal and accounting requirements;
(F) the State educational agency will support the col- lection and dissemination to local educational agencies and schools of effective parent and family engagement strate- gies, including those included in the parent and family en- gagement policy under section 1116;
(G) the State educational agency will provide the least restrictive and burdensome regulations for local edu- cational agencies and individual schools participating in a program assisted under this part;
(H) the State educational agency will ensure that local educational agencies, in developing and implementing pro- grams under this part, will, to the extent feasible, work in consultation with outside intermediary organizations (such as educational service agencies), or individuals, that have practical expertise in the development or use of evidence- based strategies and programs to improve teaching, learn- ing, and schools;
(I) the State educational agency has appropriate proce- dures and safeguards in place to ensure the validity of the assessment process;
(J) the State educational agency will ensure that all teachers and paraprofessionals working in a program sup- ported with funds under this part meet applicable State certification and licensure requirements, including any re- quirements for certification obtained through alternative routes to certification;
(K) the State educational agency will coordinate activi- ties funded under this part with other Federal activities as appropriate;
(L) the State educational agency has involved the com- mittee of practitioners established under section 1603(b) in developing the plan and monitoring its implementation;
(M) the State has professional standards for para- professionals working in a program supported with funds under this part, including qualifications that were in place on the day before the date of enactment of the Every Stu- dent Succeeds Act; and
(N) the State educational agency will provide the in- formation described in clauses (ii), (iii), and (vii) of sub- section (h)(1)(C) to the public in an easily accessible and user-friendly manner that can be cross-tabulated by, at a minimum, each major racial and ethnic group, gender, English proficiency status, and children with or without disabilities, which—
(i) may be accomplished by including such infor- mation on the annual State report card described sub- section (h)(1)(C); and
(ii) shall be presented in a manner that—
(I) is first anonymized and does not reveal personally identifiable information about an indi-
vidual student;
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(II) does not include a number of students in any subgroup of students that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual student; and
(III) is consistent with the requirements of section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly known as the ‘‘Family Educational Rights and Privacy Act of 1974’’).
(3) RULES OF CONSTRUCTION.—Nothing in paragraph (2)(N) shall be construed to—
(A) require groups of students obtained by any entity that cross-tabulates the information provided under such paragraph to be considered subgroups of students, as de- fined in subsection (c)(2), for the purposes of the State ac- countability system under subsection (c); or
(B) require or prohibit States or local educational agencies from publicly reporting data in a cross-tabulated manner, in order to meet the requirements of paragraph (2)(N).
(4) TECHNICAL ASSISTANCE.—Upon request by a State edu- cational agency, the Secretary shall provide technical assist- ance to such agency to—
(A) meet the requirements of paragraph (2)(N); or
(B) in the case of a State educational agency choosing, at its sole discretion, to disaggregate data described in clauses (ii) and (iii)(II) of subsection (h)(1)(C) for Asian and Native Hawaiian or Pacific Islander students using the same race response categories as the decennial census of the population, assist such State educational agency in such disaggregation and in using such data to improve academic outcomes for such students.
(h) REPORTS.—
(1) ANNUAL STATE REPORT CARD.—
(A) IN GENERAL.—A State that receives assistance under this part shall prepare and disseminate widely to the public an annual State report card for the State as a whole that meets the requirements of this paragraph.
(B) IMPLEMENTATION.—The State report card required under this paragraph shall be—
(i) concise;
(ii) presented in an understandable and uniform format that is developed in consultation with parents and, to the extent practicable, in a language that par- ents can understand; and
(iii) widely accessible to the public, which shall in- clude making available on a single webpage of the State educational agency’s website, the State report card, all local educational agency report cards for each local educational agency in the State required under paragraph (2), and the annual report to the Secretary under paragraph (5).
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43 ESEA OF 1965 Sec. 1111
(C) MINIMUM REQUIREMENTS.—Each State report card required under this subsection shall include the following information:
(i) A clear and concise description of the State’s accountability system under subsection (c), including— (I) the minimum number of students that the State determines are necessary to be included in each of the subgroups of students, as defined in subsection (c)(2), for use in the accountability sys-
tem;
(II) the long-term goals and measurements of
interim progress for all students and for each of the subgroups of students, as defined in sub- section (c)(2);
(III) the indicators described in subsection (c)(4)(B) used to meaningfully differentiate all public schools in the State;
(IV) the State’s system for meaningfully dif- ferentiating all public schools in the State, includ- ing—
(aa) the specific weight of the indicators described in subsection (c)(4)(B) in such dif- ferentiation;
(bb) the methodology by which the State differentiates all such schools;
(cc) the methodology by which the State differentiates a school as consistently under- performing for any subgroup of students de- scribed in section (c)(4)(C)(iii), including the time period used by the State to determine consistent underperformance; and
(dd) the methodology by which the State identifies a school for comprehensive support and improvement as required under sub- section (c)(4)(D)(i);
(V) the number and names of all public
schools in the State identified by the State for comprehensive support and improvement under subsection (c)(4)(D)(i) or implementing targeted support and improvement plans under subsection (d)(2); and
(VI) the exit criteria established by the State as required under clause (i) of subsection (d)(3)(A), including the length of years established under clause (i)(II) of such subsection.
(ii) For all students and disaggregated by each
subgroup of students described in subsection (b)(2)(B)(xi), homeless status, status as a child in fos- ter care, and status as a student with a parent who is a member of the Armed Forces (as defined in section 101(a)(4) of title 10, United States Code), information on student achievement on the academic assessments described in subsection (b)(2) at each level of achieve-
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ment, as determined by the State under subsection (b)(1).
(iii) For all students and disaggregated by each of the subgroups of students, as defined in subsection (c)(2), and for purposes of subclause (II) of this clause, homeless status and status as a child in foster care—
(I) information on the performance on the other academic indicator under subsection (c)(4)(B)(ii) for public elementary schools and sec- ondary schools that are not high schools, used by the State in the State accountability system; and
(II) high school graduation rates, including four-year adjusted cohort graduation rates and, at the State’s discretion, extended-year adjusted co- hort graduation rates.
(iv) Information on the number and percentage of
English learners achieving English language pro- ficiency.
(v) For all students and disaggregated by each of the subgroups of students, as defined in subsection (c)(2), information on the performance on the other in- dicator or indicators of school quality or student suc- cess under subsection (c)(4)(B)(v) used by the State in the State accountability system.
(vi) Information on the progress of all students and each subgroup of students, as defined in sub- section (c)(2), toward meeting the State-designed long term goals under subsection (c)(4)(A), including the progress of all students and each such subgroup of students against the State measurements of interim progress established under such subsection.
(vii) For all students and disaggregated by each subgroup of students described in subsection (b)(2)(B)(xi), the percentage of students assessed and not assessed.
(viii) Information submitted by the State edu- cational agency and each local educational agency in the State, in accordance with data collection conducted pursuant to section 203(c)(1) of the Department of Education Organization Act (20 U.S.C. 3413(c)(1)), on—
(I) measures of school quality, climate, and safety, including rates of in-school suspensions, out-of-school suspensions, expulsions, school-re- lated arrests, referrals to law enforcement, chronic absenteeism (including both excused and unex- cused absences), incidences of violence, including bullying and harassment; and
(II) the number and percentage of students enrolled in—
(aa) preschool programs; and
(bb) accelerated coursework to earn post- secondary credit while still in high school, such as Advanced Placement and Inter-
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45 ESEA OF 1965 Sec. 1111
national Baccalaureate courses and examina- tions, and dual or concurrent enrollment pro- grams.
(ix) The professional qualifications of teachers in the State, including information (that shall be pre- sented in the aggregate and disaggregated by high- poverty compared to low-poverty schools) on the num- ber and percentage of—
(I) inexperienced teachers, principals, and other school leaders;
(II) teachers teaching with emergency or pro- visional credentials; and
(III) teachers who are not teaching in the sub- ject or field for which the teacher is certified or li- censed.
(x) The per-pupil expenditures of Federal, State,
and local funds, including actual personnel expendi- tures and actual nonpersonnel expenditures of Fed- eral, State, and local funds, disaggregated by source of funds, for each local educational agency and each school in the State for the preceding fiscal year.
(xi) The number and percentages of students with the most significant cognitive disabilities who take an alternate assessment under subsection (b)(2)(D), by grade and subject.
(xii) Results on the State academic assessments in reading and mathematics in grades 4 and 8 of the Na- tional Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9622(b)(3)), compared to the national average of such results.
(xiii) Where available, for each high school in the State, and beginning with the report card prepared under this paragraph for 2017, the cohort rate (in the aggregate, and disaggregated for each subgroup of stu- dents defined in subsection (c)(2)), at which students who graduate from the high school enroll, for the first academic year that begins after the students’ gradua- tion—
(I) in programs of public postsecondary edu- cation in the State; and
(II) if data are available and to the extent practicable, in programs of private postsecondary education in the State or programs of postsec- ondary education outside the State.
(xiv) Any additional information that the State be- lieves will best provide parents, students, and other members of the public with information regarding the progress of each of the State’s public elementary schools and secondary schools, which may include the number and percentage of students meeting State de- termined levels of performance for core indicators, as defined by section 113(b)(3)(A) of the Carl D. Perkins
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Career and Technical Education Act of 2006 (20 U.S.C. 2323(b)(3)(A)), and reported by States only in a man- ner consistent with section 113(b)(3)(C) of such Act (20 U.S.C. 2323(b)(3)(C)).
(D) RULES OF CONSTRUCTION.—Nothing in subpara- graph (C)(viii) shall be construed as requiring—
(i) reporting of any data that are not collected in accordance with section 203(c)(1) of the Department of Education Organization Act (20 U.S.C. 3413(c)(1); or
(ii) disaggregation of any data other than as re- quired under subsection (b)(2)(B)(xi).
(2) ANNUAL LOCAL EDUCATIONAL AGENCY REPORT CARDS.— (A) PREPARATION AND DISSEMINATION.—A local edu- cational agency that receives assistance under this part shall prepare and disseminate an annual local educational agency report card that includes information on such agen-
cy as a whole and each school served by the agency.
(B) IMPLEMENTATION.—Each local educational agency
report card shall be— (i) concise;
(ii) presented in an understandable and uniform format, and to the extent practicable, in a language that parents can understand; and
(iii) accessible to the public, which shall include— (I) placing such report card on the website of
the local educational agency; and
(II) in any case in which a local educational
agency does not operate a website, providing the information to the public in another manner de- termined by the local educational agency.
(C) MINIMUM REQUIREMENTS.—The State educational agency shall ensure that each local educational agency col- lects appropriate data and includes in the local educational agency’s annual report the information described in para- graph (1)(C), disaggregated in the same manner as re- quired under such paragraph, except for clause (xii) of such paragraph, as applied to the local educational agency and each school served by the local educational agency, in- cluding—
(i) in the case of a local educational agency, infor- mation that shows how students served by the local educational agency achieved on the academic assess- ments described in subsection (b)(2) compared to stu- dents in the State as a whole;
(ii) in the case of a school, information that shows how the school’s students’ achievement on the aca- demic assessments described in subsection (b)(2) com- pared to students served by the local educational agency and the State as a whole; and
(iii) any other information that the local edu- cational agency determines is appropriate and will best provide parents, students, and other members of the public with information regarding the progress of each public school served by the local educational
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47 ESEA OF 1965 Sec. 1111
agency, whether or not such information is included in the annual State report card.
(D) ADDITIONAL INFORMATION.—In the case of a local
educational agency that issues a report card for all stu- dents, the local educational agency may include the infor- mation under this section as part of such report.
(3) PREEXISTING REPORT CARDS.—A State educational agen-
cy or local educational agency may use public report cards on the performance of students, schools, local educational agen- cies, or the State, that were in effect prior to the date of enact- ment of the Every Student Succeeds Act for the purpose of this subsection, so long as any such report card is modified, as may be needed, to contain the information required by this sub- section, and protects the privacy of individual students.
(4) COST REDUCTION.—Each State educational agency and local educational agency receiving assistance under this part shall, wherever possible, take steps to reduce data collection costs and duplication of effort by obtaining the information re- quired under this subsection through existing data collection efforts.
(5) ANNUAL STATE REPORT TO THE SECRETARY.—Each State educational agency receiving assistance under this part shall report annually to the Secretary, and make widely available within the State—
(A) information on the achievement of students on the academic assessments required by subsection (b)(2), in- cluding the disaggregated results for the subgroups of stu- dents as defined in subsection (c)(2);
(B) information on the acquisition of English pro- ficiency by English learners;
(C) the number and names of each public school in the State—
(i) identified for comprehensive support and im- provement under subsection (c)(4)(D)(i); and
(ii) implementing targeted support and improve- ment plans under subsection (d)(2); and
(D) information on the professional qualifications of
teachers in the State, including information on the number and the percentage of the following teachers:
(i) Inexperienced teachers.
(ii) Teachers teaching with emergency or provi- sional credentials.
(iii) Teachers who are not teaching in the subject or field for which the teacher is certified or licensed. (6) REPORT TO CONGRESS.—The Secretary shall transmit annually to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that provides national and State-level data on the information col- lected under paragraph (5). Such report shall be submitted
through electronic means only. (i) PRIVACY.—
(1) IN GENERAL.—Information collected or disseminated under this section (including any information collected for or
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Sec. 1112 ESEA OF 1965 48
included in the reports described in subsection (h)) shall be col- lected and disseminated in a manner that protects the privacy of individuals consistent with section 444 of the General Edu- cation Provisions Act (20 U.S.C. 1232g, commonly known as the ‘‘Family Educational Rights and Privacy Act of 1974’’) and this Act.
(2) SUFFICIENCY.—The reports described in subsection (h) shall only include data that are sufficient to yield statistically reliable information.
(3) DISAGGREGATION.—Disaggregation under this section shall not be required if such disaggregation will reveal person- ally identifiable information about any student, teacher, prin- cipal, or other school leader, or will provide data that are insuf- ficient to yield statistically reliable information.
(j) VOLUNTARY PARTNERSHIPS.—A State retains the right to
enter into a voluntary partnership with another State to develop and implement the challenging State academic standards and as- sessments required under this section, except that the Secretary shall not attempt to influence, incentivize, or coerce State—
(1) adoption of the Common Core State Standards devel- oped under the Common Core State Standards Initiative or any other academic standards common to a significant number of States, or assessments tied to such standards; or
(2) participation in such partnerships.
(k) SPECIAL RULE WITH RESPECT TO BUREAU-FUNDED
SCHOOLS.—In determining the assessments to be used by each school operated or funded by the Bureau of Indian Education re- ceiving funds under this part, the following shall apply until the requirements of section 8204(c) have been met:
(1) Each such school that is accredited by the State in which it is operating shall use the assessments and other aca- demic indicators the State has developed and implemented to meet the requirements of this section, or such other appro- priate assessment and academic indicators as approved by the Secretary of the Interior.
(2) Each such school that is accredited by a regional ac- crediting organization (in consultation with and with the ap- proval of the Secretary of the Interior, and consistent with as- sessments and academic indicators adopted by other schools in the same State or region) shall adopt an appropriate assess- ment and other academic indicators that meet the require- ments of this section.
(3) Each such school that is accredited by a tribal accred- iting agency or tribal division of education shall use an assess- ment and other academic indicators developed by such agency or division, except that the Secretary of the Interior shall en- sure that such assessment and academic indicators meet the requirements of this section.
(l) CONSTRUCTION.—Nothing in this part shall be construed to
prescribe the use of the academic assessments described in this part for student promotion or graduation purposes.
SEC. 1112. ø20 U.S.C. 6312¿ LOCAL EDUCATIONAL AGENCY PLANS. (a) PLANS REQUIRED.—
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49 ESEA OF 1965 Sec. 1112
(1) SUBGRANTS.—A local educational agency may receive a subgrant under this part for any fiscal year only if such agency has on file with the State educational agency a plan, approved by the State educational agency, that—
(A) is developed with timely and meaningful consulta- tion with teachers, principals, other school leaders, para- professionals, specialized instructional support personnel, charter school leaders (in a local educational agency that has charter schools), administrators (including administra- tors of programs described in other parts of this title), other appropriate school personnel, and with parents of children in schools served under this part; and
(B) as appropriate, is coordinated with other programs under this Act, the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of 1973 (20 U.S.C. 701 et seq.), the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.), the Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.), and other Acts as appropriate. (2) CONSOLIDATED APPLICATION.—The plan may be sub-
mitted as part of a consolidated application under section 8305. (3) STATE APPROVAL.—
(A) IN GENERAL.—Each local educational agency plan shall be filed according to a schedule established by the State educational agency.
(B) APPROVAL.—The State educational agency shall approve a local educational agency’s plan only if the State educational agency determines that the local educational agency’s plan—
(i) provides that schools served under this part substantially help children served under this part meet the challenging State academic standards; and
(ii) meets the requirements of this section.
(4) DURATION.—Each local educational agency plan shall be submitted for the first year for which this part is in effect following the date of enactment of the Every Student Succeeds Act and shall remain in effect for the duration of the agency’s
participation under this part.
(5) REVIEW.—Each local educational agency shall periodi-
cally review and, as necessary, revise its plan.
(6) RULE OF CONSTRUCTION.—Consultation required under
paragraph (1)(A) shall not interfere with the timely submission of the plan required under this section.
(b) PLAN PROVISIONS.—To ensure that all children receive a
high-quality education, and to close the achievement gap between children meeting the challenging State academic standards and those children who are not meeting such standards, each local edu- cational agency plan shall describe—
(1) how the local educational agency will monitor students’ progress in meeting the challenging State academic standards by—
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ESEA OF 1965 50
(A) developing and implementing a well-rounded pro- gram of instruction to meet the academic needs of all stu- dents;
(B) identifying students who may be at risk for aca- demic failure;
(C) providing additional educational assistance to indi- vidual students the local educational agency or school de- termines need help in meeting the challenging State aca- demic standards; and
(D) identifying and implementing instructional and other strategies intended to strengthen academic programs and improve school conditions for student learning;
(2) how the local educational agency will identify and ad-
dress, as required under State plans as described in section 1111(g)(1)(B), any disparities that result in low-income stu- dents and minority students being taught at higher rates than other students by ineffective, inexperienced, or out-of-field teachers;
(3) how the local educational agency will carry out its re- sponsibilities under paragraphs (1) and (2) of section 1111(d); (4) the poverty criteria that will be used to select school at-
tendance areas under section 1113;
(5) in general, the nature of the programs to be conducted
by such agency’s schools under sections 1114 and 1115 and, where appropriate, educational services outside such schools for children living in local institutions for neglected or delin- quent children, and for neglected and delinquent children in community day school programs;
(6) the services the local educational agency will provide homeless children and youths, including services provided with funds reserved under section 1113(c)(3)(A), to support the en- rollment, attendance, and success of homeless children and youths, in coordination with the services the local educational agency is providing under the McKinney-Vento Homeless As- sistance Act (42 U.S.C. 11301 et seq.);
(7) the strategy the local educational agency will use to im- plement effective parent and family engagement under section 1116;
(8) if applicable, how the local educational agency will sup- port, coordinate, and integrate services provided under this part with early childhood education programs at the local edu- cational agency or individual school level, including plans for the transition of participants in such programs to local elemen- tary school programs;
(9) how teachers and school leaders, in consultation with parents, administrators, paraprofessionals, and specialized in- structional support personnel, in schools operating a targeted assistance school program under section 1115, will identify the eligible children most in need of services under this part;
(10) how the local educational agency will implement strat- egies to facilitate effective transitions for students from middle grades to high school and from high school to postsecondary education including, if applicable—
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51 ESEA OF 1965 Sec. 1112
(A) through coordination with institutions of higher education, employers, and other local partners; and
(B) through increased student access to early college high school or dual or concurrent enrollment opportunities, or career counseling to identify student interests and skills;
(11) how the local educational agency will support efforts
to reduce the overuse of discipline practices that remove stu- dents from the classroom, which may include identifying and supporting schools with high rates of discipline, disaggregated by each of the subgroups of students, as defined in section 1111(c)(2);
(12) if determined appropriate by the local educational agency, how such agency will support programs that coordinate and integrate—
(A) academic and career and technical education con- tent through coordinated instructional strategies, that may incorporate experiential learning opportunities and pro- mote skills attainment important to in-demand occupa- tions or industries in the State; and
(B) work-based learning opportunities that provide students in-depth interaction with industry professionals and, if appropriate, academic credit; and
(13) any other information on how the local educational
agency proposes to use funds to meet the purposes of this part, and that the local educational agency determines appropriate to provide, which may include how the local educational agency will—
(A) assist schools in identifying and serving gifted and talented students; and
(B) assist schools in developing effective school library programs to provide students an opportunity to develop digital literacy skills and improve academic achievement.
(c) ASSURANCES.—Each local educational agency plan shall pro- vide assurances that the local educational agency will—
(1) ensure that migratory children and formerly migratory children who are eligible to receive services under this part are selected to receive such services on the same basis as other children who are selected to receive services under this part;
(2) provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1117, and timely and meaningful consultation with pri- vate school officials regarding such services;
(3) participate, if selected, in the National Assessment of Educational Progress in reading and mathematics in grades 4 and 8 carried out under section 303(b)(3) of the National As- sessment of Educational Progress Authorization Act (20 U.S.C. 9622(b)(3));
(4) coordinate and integrate services provided under this part with other educational services at the local educational agency or individual school level, such as services for English learners, children with disabilities, migratory children, Amer- ican Indian, Alaska Native, and Native Hawaiian children, and homeless children and youths, in order to increase program ef-
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fectiveness, eliminate duplication, and reduce fragmentation of the instructional program;
(5) collaborate with the State or local child welfare agency to—
(A) designate a point of contact if the corresponding child welfare agency notifies the local educational agency, in writing, that the agency has designated an employee to serve as a point of contact for the local educational agency; and
(B) by not later than 1 year after the date of enact- ment of the Every Student Succeeds Act, develop and im- plement clear written procedures governing how transpor- tation to maintain children in foster care in their school of origin when in their best interest will be provided, ar- ranged, and funded for the duration of the time in foster care, which procedures shall—
(i) ensure that children in foster care needing transportation to the school of origin will promptly re- ceive transportation in a cost-effective manner and in accordance with section 475(4)(A) of the Social Secu- rity Act (42 U.S.C. 675(4)(A)); and
(ii) ensure that, if there are additional costs in- curred in providing transportation to maintain chil- dren in foster care in their schools of origin, the local educational agency will provide transportation to the school of origin if—
(I) the local child welfare agency agrees to re- imburse the local educational agency for the cost of such transportation;
(II) the local educational agency agrees to pay for the cost of such transportation; or
(III) the local educational agency and the local child welfare agency agree to share the cost of such transportation; and
(6) ensure that all teachers and paraprofessionals working in a program supported with funds under this part meet appli- cable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification; and
(7) in the case of a local educational agency that chooses to use funds under this part to provide early childhood edu- cation services to low-income children below the age of compul- sory school attendance, ensure that such services comply with the performance standards established under section 641A(a) of the Head Start Act (42 U.S.C. 9836a(a)).
(d) SPECIAL RULE.—For local educational agencies using funds
under this part for the purposes described in subsection (c)(7), the Secretary shall—
(1) consult with the Secretary of Health and Human Serv- ices and establish procedures (taking into consideration exist- ing State and local laws, and local teacher contracts) to assist local educational agencies to comply with such subsection; and
(2) disseminate to local educational agencies the education performance standards in effect under section 641A(a) of the
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Head Start Act (42 U.S.C. 9836a(a)), and such agencies af- fected by such subsection (c)(7) shall plan to comply with such subsection (taking into consideration existing State and local laws, and local teacher contracts), including by pursuing the availability of other Federal, State, and local funding sources to assist with such compliance.
(e) PARENTS RIGHT-TO-KNOW.—
(1) INFORMATION FOR PARENTS.—
(A) IN GENERAL.—At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student’s classroom teachers, including at a minimum, the following:
(i) Whether the student’s teacher—
(I) has met State qualification and licensing
criteria for the grade levels and subject areas in which the teacher provides instruction;
(II) is teaching under emergency or other pro- visional status through which State qualification or licensing criteria have been waived; and
(III) is teaching in the field of discipline of the certification of the teacher.
(ii) Whether the child is provided services by para-
professionals and, if so, their qualifications.
(B) ADDITIONAL INFORMATION.—In addition to the in- formation that parents may request under subparagraph (A), a school that receives funds under this part shall pro- vide to each individual parent of a child who is a student in such school, with respect to such student—
(i) information on the level of achievement and academic growth of the student, if applicable and available, on each of the State academic assessments required under this part; and
(ii) timely notice that the student has been as- signed, or has been taught for 4 or more consecutive weeks by, a teacher who does not meet applicable State certification or licensure requirements at the grade level and subject area in which the teacher has been assigned.
(2) TESTING TRANSPARENCY.—
(A) IN GENERAL.—At the beginning of each school year,
a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the local educational agency will provide the parents on request (and in a timely manner), informa- tion regarding any State or local educational agency policy regarding student participation in any assessments man- dated by section 1111(b)(2) and by the State or local edu- cational agency, which shall include a policy, procedure, or
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ESEA OF 1965 54
parental right to opt the child out of such assessment, where applicable.
(B) ADDITIONAL INFORMATION.—Subject to subpara- graph (C), each local educational agency that receives funds under this part shall make widely available through public means (including by posting in a clear and easily ac- cessible manner on the local educational agency’s website and, where practicable, on the website of each school served by the local educational agency) for each grade served by the local educational agency, information on each assessment required by the State to comply with sec- tion 1111, other assessments required by the State, and where such information is available and feasible to report, assessments required districtwide by the local educational agency, including—
(i) the subject matter assessed;
(ii) the purpose for which the assessment is de- signed and used;
(iii) the source of the requirement for the assess- ment; and
(iv) where such information is available—
(I) the amount of time students will spend taking the assessment, and the schedule for the
assessment; and
(II) the time and format for disseminating re-
sults.
(C) LOCAL EDUCATIONAL AGENCY THAT DOES NOT OPER-
ATE A WEBSITE.—In the case of a local educational agency that does not operate a website, such local educational agency shall determine how to make the information de- scribed in subparagraph (A) widely available, such as through distribution of that information to the media, through public agencies, or directly to parents.
(3) LANGUAGE INSTRUCTION.—
(A) NOTICE.—Each local educational agency using
funds under this part or title III to provide a language in- struction educational program as determined under title III shall, not later than 30 days after the beginning of the school year, inform parents of an English learner identified for participation or participating in such a program, of—
(i) the reasons for the identification of their child as an English learner and in need of placement in a language instruction educational program;
(ii) the child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement;
(iii) the methods of instruction used in the pro- gram in which their child is, or will be, participating and the methods of instruction used in other available programs, including how such programs differ in con- tent, instructional goals, and the use of English and a native language in instruction;
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55 ESEA OF 1965 Sec. 1112
(iv) how the program in which their child is, or will be, participating will meet the educational strengths and needs of their child;
(v) how such program will specifically help their child learn English and meet age-appropriate aca- demic achievement standards for grade promotion and graduation;
(vi) the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for English learners, and the expected rate of graduation from high school (including four-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates for such program) if funds under this part are used for children in high schools;
(vii) in the case of a child with a disability, how such program meets the objectives of the individual- ized education program of the child, as described in section 614(d) of the Individuals with Disabilities Edu- cation Act (20 U.S.C. 1414(d)); and
(viii) information pertaining to parental rights that includes written guidance—
(I) detailing the right that parents have to have their child immediately removed from such program upon their request;
(II) detailing the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and
(III) assisting parents in selecting among var- ious programs and methods of instruction, if more than 1 program or method is offered by the eligi- ble entity.
(B) SPECIAL RULE APPLICABLE DURING THE SCHOOL YEAR.—For those children who have not been identified as English learners prior to the beginning of the school year but are identified as English learners during such school year, the local educational agency shall notify the chil- dren’s parents during the first 2 weeks of the child being placed in a language instruction educational program con- sistent with subparagraph (A).
(C) PARENTAL PARTICIPATION.—
(i) IN GENERAL.—Each local educational agency re-
ceiving funds under this part shall implement an ef- fective means of outreach to parents of English learn- ers to inform the parents regarding how the parents can—
(I) be involved in the education of their chil- dren; and
(II) be active participants in assisting their children to—
(aa) attain English proficiency;
(bb) achieve at high levels within a well- rounded education; and
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(cc) meet the challenging State academic standards expected of all students.
(ii) REGULAR MEETINGS.—Implementing an effec- tive means of outreach to parents under clause (i) shall include holding, and sending notice of opportuni- ties for, regular meetings for the purpose of formu- lating and responding to recommendations from par- ents of students assisted under this part or title III. (D) BASIS FOR ADMISSION OR EXCLUSION.—A student
shall not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status.
(4) NOTICE AND FORMAT.—The notice and information pro-
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vided to parents under this subsection shall be in an under- standable and uniform format and, to the extent practicable, provided in a language that the parents can understand.
SEC. 1113. ø20 U.S.C. 6313¿ ELIGIBLE SCHOOL ATTENDANCE AREAS. (a) DETERMINATION.—
(1) IN GENERAL.—A local educational agency shall use funds received under this part only in eligible school attend- ance areas.
(2) ELIGIBLE SCHOOL ATTENDANCE AREAS.—For the pur- poses of this part—
(A) the term ‘‘school attendance area’’ means, in rela- tion to a particular school, the geographical area in which the children who are normally served by that school reside; and
(B) the term ‘‘eligible school attendance area’’ means a school attendance area in which the percentage of children from low-income families is at least as high as the percent- age of children from low-income families served by the local educational agency as a whole.
(3) RANKING ORDER.—
(A) RANKING.—Except as provided in subparagraph (B), if funds allocated in accordance with subsection (c) are insufficient to serve all eligible school attendance areas, a local educational agency shall—
(i) annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent from highest to lowest ac- cording to the percentage of children from low-income families; and
(ii) serve such eligible school attendance areas in rank order.
(B) EXCEPTION.—A local educational agency may lower the threshold in subparagraph (A)(i) to 50 percent for high schools served by such agency.
(4) REMAINING FUNDS.—If funds remain after serving all
eligible school attendance areas under paragraph (3), a local educational agency shall—
(A) annually rank such agency’s remaining eligible school attendance areas from highest to lowest either by
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57 ESEA OF 1965 Sec. 1113
grade span or for the entire local educational agency ac- cording to the percentage of children from low-income fam- ilies; and
(B) serve such eligible school attendance areas in rank order either within each grade-span grouping or within the local educational agency as a whole.
(5) MEASURES.—
(A) IN GENERAL.—Except as provided in subparagraph (B), a local educational agency shall use the same measure of poverty, which measure shall be the number of children aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of chil- dren eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or the number of chil- dren eligible to receive medical assistance under the Med- icaid Program, or a composite of such indicators, with re- spect to all school attendance areas in the local edu- cational agency—
(i) to identify eligible school attendance areas;
(ii) to determine the ranking of each area; and
(iii) to determine allocations under subsection (c).
(B) SECONDARY SCHOOLS.—For measuring the number of students in low-income families in secondary schools, the local educational agency shall use the same measure of poverty, which shall be—
(i) the measure described under subparagraph (A); or
(ii) subject to meeting the conditions of subpara- graph (C), an accurate estimate of the number of stu- dents in low-income families in a secondary school that is calculated by applying the average percentage of students in low-income families of the elementary school attendance areas as calculated under subpara- graph (A) that feed into the secondary school to the number of students enrolled in such school.
(C) MEASURE OF POVERTY.—The local educational
agency shall have the option to use the measure of poverty described in subparagraph (B)(ii) after—
(i) conducting outreach to secondary schools with- in such agency to inform such schools of the option to use such measure; and
(ii) a majority of such schools have approved the use of such measure.
(6) EXCEPTION.—This subsection shall not apply to a local educational agency with a total enrollment of less than 1,000 children.
(7) WAIVER FOR DESEGREGATION PLANS.—The Secretary may approve a local educational agency’s written request for a waiver of the requirements of subsections (a) and (c), and per- mit such agency to treat as eligible, and serve, any school that children attend with a State-ordered, court-ordered school de-
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Sec. 1113 ESEA OF 1965 58
segregation plan or a plan that continues to be implemented in accordance with a State-ordered or court-ordered desegregation plan, if—
(A) the number of economically disadvantaged children enrolled in the school is at least 25 percent of the school’s total enrollment; and
(B) the Secretary determines on the basis of a written request from such agency and in accordance with such cri- teria as the Secretary establishes, that approval of that re- quest would further the purposes of this part.
(b) LOCAL EDUCATIONAL AGENCY DISCRETION.—
(1) IN GENERAL.—Notwithstanding subsection (a)(2), a local
educational agency may—
(A) designate as eligible any school attendance area or
school in which at least 35 percent of the children are from low-income families;
(B) use funds received under this part in a school that is not in an eligible school attendance area, if the percent- age of children from low-income families enrolled in the school is equal to or greater than the percentage of such children in a participating school attendance area of such agency;
(C) designate and serve a school attendance area or school that is not eligible under this section, but that was eligible and that was served in the preceding fiscal year, but only for 1 additional fiscal year; and
(D) elect not to serve an eligible school attendance area or eligible school that has a higher percentage of chil- dren from low-income families if—
(i) the school meets the comparability require- ments of section 1118(c);
(ii) the school is receiving supplemental funds from other State or local sources that are spent ac- cording to the requirements of section 1114 or 1115; and
(iii) the funds expended from such other sources equal or exceed the amount that would be provided under this part.
(2) SPECIAL RULE.—Notwithstanding paragraph (1)(D), the number of children attending private elementary schools and secondary schools who are to receive services, and the assist- ance such children are to receive under this part, shall be de- termined without regard to whether the public school attend- ance area in which such children reside is assisted under sub- paragraph (A).
(c) ALLOCATIONS.—
(1) IN GENERAL.—A local educational agency shall allocate funds received under this part to eligible school attendance areas or eligible schools, identified under subsections (a) and (b), in rank order, on the basis of the total number of children from low-income families in each area or school.
(2) SPECIAL RULE.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the per-pupil amount of funds allocated to each school
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59 ESEA OF 1965 Sec. 1113
attendance area or school under paragraph (1) shall be at least 125 percent of the per-pupil amount of funds a local educational agency received for that year under the pov- erty criteria described by the local educational agency in the plan submitted under section 1112, except that this paragraph shall not apply to a local educational agency that only serves schools in which the percentage of such children is 35 percent or greater.
(B) EXCEPTION.—A local educational agency may re- duce the amount of funds allocated under subparagraph (A) for a school attendance area or school by the amount of any supplemental State and local funds expended in that school attendance area or school for programs that meet the requirements of section 1114 or 1115.
(3) RESERVATION OF FUNDS.—
(A) IN GENERAL.—A local educational agency shall re- serve such funds as are necessary under this part, deter- mined in accordance with subparagraphs (B) and (C), to provide services comparable to those provided to children in schools funded under this part to serve—
(i) homeless children and youths, including pro- viding educationally related support services to chil- dren in shelters and other locations where children may live;
(ii) children in local institutions for neglected chil- dren; and
(iii) if appropriate, children in local institutions for delinquent children, and neglected or delinquent chil- dren in community day programs.
(B) METHOD OF DETERMINATION.—The share of funds
determined under subparagraph (A) shall be determined— (i) based on the total allocation received by the
local educational agency; and
(ii) prior to any allowable expenditures or trans-
fers by the local educational agency.
(C) HOMELESS CHILDREN AND YOUTHS.—Funds re- served under subparagraph (A)(i) may be—
(i) determined based on a needs assessment of homeless children and youths in the local educational agency, taking into consideration the number and needs of homeless children and youths in the local educational agency, and which needs assessment may be the same needs assessment as conducted under sec- tion 723(b)(1) of the McKinney-Vento Homeless Assist- ance Act (42 U.S.C. 11433(b)(1)); and
(ii) used to provide homeless children and youths with services not ordinarily provided to other students under this part, including providing—
(I) funding for the liaison designated pursuant to section 722(g)(1)(J)(ii) of such Act (42 U.S.C. 11432(g)(1)(J)(ii)); and
(II) transportation pursuant to section 722(g)(1)(J)(iii) of such Act (42 U.S.C. 11432(g)(1)(J)(iii)).
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Sec. 1114 ESEA OF 1965 60
(4) FINANCIAL INCENTIVES AND REWARDS RESERVATION.—A local educational agency may reserve such funds as are nec- essary from those funds received by the local educational agen- cy under title II, and not more than 5 percent of those funds received by the local educational agency under subpart 2, to provide financial incentives and rewards to teachers who serve in schools eligible under this section and identified for com- prehensive support and improvement activities or targeted support and improvement activities under section 1111(d) for the purpose of attracting and retaining qualified and effective teachers.
(5) EARLY CHILDHOOD EDUCATION.—A local educational agency may reserve funds made available to carry out this sec- tion to provide early childhood education programs for eligible children.
SEC. 1114. ø20 U.S.C. 6314¿ SCHOOLWIDE PROGRAMS. (a) IN GENERAL.—
(1) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS.—
(A) ELIGIBILITY.—A local educational agency may con- solidate and use funds under this part, together with other Federal, State, and local funds, in order to upgrade the en- tire educational program of a school that serves an eligible school attendance area in which not less than 40 percent of the children are from low-income families, or not less than 40 percent of the children enrolled in the school are
from such families.
(B) EXCEPTION.—A school that serves an eligible
school attendance area in which less than 40 percent of the children are from low-income families, or a school for which less than 40 percent of the children enrolled in the school are from such families, may operate a schoolwide program under this section if the school receives a waiver from the State educational agency to do so, after taking into account how a schoolwide program will best serve the needs of the students in the school served under this part in improving academic achievement and other factors.
(2) IDENTIFICATION OF STUDENTS NOT REQUIRED.—
(A) IN GENERAL.—No school participating in a
schoolwide program shall be required to identify—
(i) particular children under this part as eligible
to participate in a schoolwide program; or
(ii) individual services as supplementary.
(B) SUPPLEMENTAL FUNDS.—In accordance with the method of determination described in section 1118(b)(2), a school participating in a schoolwide program shall use funds available to carry out this section only to supple- ment the amount of funds that would, in the absence of funds under this part, be made available from non-Federal sources for the school, including funds needed to provide services that are required by law for children with disabil- ities and English learners.
(3) EXEMPTION FROM STATUTORY AND REGULATORY RE-
QUIREMENTS.—
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61 ESEA OF 1965 Sec. 1114
(A) EXEMPTION.—Except as provided in paragraph (2), the Secretary may, through publication of a notice in the Federal Register, exempt schoolwide programs under this section from statutory or regulatory provisions of any other noncompetitive formula grant program administered by the Secretary (other than formula or discretionary grant programs under the Individuals with Disabilities Edu- cation Act (20 U.S.C. 1400 et seq.), except as provided in section 613(a)(2)(D) of such Act (20 U.S.C. 1413(a)(2)(D))), or any discretionary grant program administered by the Secretary, to support schoolwide programs if the intent and purposes of such other programs are met.
(B) REQUIREMENTS.—A school that chooses to use funds from such other programs shall not be relieved of the requirements relating to health, safety, civil rights, student and parental participation and involvement, serv- ices to private school children, comparability of services, maintenance of effort, uses of Federal funds to supple- ment, not supplant non-Federal funds (in accordance with the method of determination described in section 1118(b)(2)), or the distribution of funds to State edu- cational agencies or local educational agencies that apply to the receipt of funds from such programs.
(C) RECORDS.—A school that chooses to consolidate and use funds from different Federal programs under this section shall not be required to maintain separate fiscal accounting records, by program, that identify the specific activities supported by those particular funds as long as the school maintains records that demonstrate that the schoolwide program, considered as a whole, addresses the intent and purposes of each of the Federal programs that were consolidated to support the schoolwide program.
(b) SCHOOLWIDE PROGRAM PLAN.—An eligible school operating a schoolwide program shall develop a comprehensive plan (or amend a plan for such a program that was in existence on the day before the date of the enactment of the Every Student Succeeds Act) that—
(1) is developed during a 1-year period, unless—
(A) the local educational agency determines, in con- sultation with the school, that less time is needed to de-
velop and implement the schoolwide program; or
(B) the school is operating a schoolwide program on the day before the date of the enactment of the Every Stu- dent Succeeds Act, in which case such school may continue to operate such program, but shall develop amendments to its existing plan during the first year of assistance after
that date to reflect the provisions of this section;
(2) is developed with the involvement of parents and other members of the community to be served and individuals who will carry out such plan, including teachers, principals, other school leaders, paraprofessionals present in the school, admin- istrators (including administrators of programs described in other parts of this title), the local educational agency, to the extent feasible, tribes and tribal organizations present in the
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Sec. 1114 ESEA OF 1965 62
community, and, if appropriate, specialized instructional sup- port personnel, technical assistance providers, school staff, if the plan relates to a secondary school, students, and other in- dividuals determined by the school;
(3) remains in effect for the duration of the school’s partici- pation under this part, except that the plan and its implemen- tation shall be regularly monitored and revised as necessary based on student needs to ensure that all students are pro- vided opportunities to meet the challenging State academic standards;
(4) is available to the local educational agency, parents, and the public, and the information contained in such plan shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand; and
(5) if appropriate and applicable, is developed in coordina- tion and integration with other Federal, State, and local serv- ices, resources, and programs, such as programs supported under this Act, violence prevention programs, nutrition pro- grams, housing programs, Head Start programs, adult edu- cation programs, career and technical education programs, and schools implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d);
(6) is based on a comprehensive needs assessment of the entire school that takes into account information on the aca- demic achievement of children in relation to the challenging State academic standards, particularly the needs of those chil- dren who are failing, or are at-risk of failing, to meet the chal- lenging State academic standards and any other factors as de- termined by the local educational agency; and
(7) includes a description of—
(A) the strategies that the school will be implementing
to address school needs, including a description of how such strategies will—
(i) provide opportunities for all children, including each of the subgroups of students (as defined in sec- tion 1111(c)(2)) to meet the challenging State academic standards;
(ii) use methods and instructional strategies that strengthen the academic program in the school, in- crease the amount and quality of learning time, and help provide an enriched and accelerated curriculum, which may include programs, activities, and courses necessary to provide a well-rounded education; and
(iii) address the needs of all children in the school, but particularly the needs of those at risk of not meet- ing the challenging State academic standards, through activities which may include—
(I) counseling, school-based mental health programs, specialized instructional support serv- ices, mentoring services, and other strategies to improve students’ skills outside the academic sub- ject areas;
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63 ESEA OF 1965 Sec. 1114
(II) preparation for and awareness of opportu- nities for postsecondary education and the work- force, which may include career and technical edu- cation programs and broadening secondary school students’ access to coursework to earn postsec- ondary credit while still in high school (such as Advanced Placement, International Baccalaureate, dual or concurrent enrollment, or early college high schools);
(III) implementation of a schoolwide tiered model to prevent and address problem behavior, and early intervening services, coordinated with similar activities and services carried out under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);
(IV) professional development and other ac- tivities for teachers, paraprofessionals, and other school personnel to improve instruction and use of data from academic assessments, and to recruit and retain effective teachers, particularly in high- need subjects; and
(V) strategies for assisting preschool children in the transition from early childhood education programs to local elementary school programs; and
(B) if programs are consolidated, the specific State educational agency and local educational agency programs and other Federal programs that will be consolidated in the schoolwide program.
(c) PRESCHOOL PROGRAMS.—A school that operates a schoolwide program under this section may use funds available under this part to establish or enhance preschool programs for chil- dren who are under 6 years of age.
(d) DELIVERY OF SERVICES.—The services of a schoolwide pro- gram under this section may be delivered by nonprofit or for-profit external providers with expertise in using evidence-based or other effective strategies to improve student achievement.
(e) USE OF FUNDS FOR DUAL OR CONCURRENT ENROLLMENT PROGRAMS.—
(1) IN GENERAL.—A secondary school operating a schoolwide program under this section may use funds received under this part to operate dual or concurrent enrollment pro- grams that address the needs of low-achieving secondary school students and those at risk of not meeting the chal- lenging State academic standards.
(2) FLEXIBILITY OF FUNDS.—A secondary school using funds received under this part for a dual or concurrent enrollment program described in paragraph (1) may use such funds for any of the costs associated with such program, including the costs of—
(A) training for teachers, and joint professional devel- opment for teachers in collaboration with career and tech- nical educators and educators from institutions of higher
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ESEA OF 1965 64
education, where appropriate, for the purpose of inte- grating rigorous academics in such program;
(B) tuition and fees, books, required instructional ma- terials for such program, and innovative delivery methods; and
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(C) transportation to and from such program.
(3) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to impose on any State any requirement or rule regarding dual or concurrent enrollment programs that is
inconsistent with State law.
SEC. 1115. ø20 U.S.C. 6315¿ TARGETED ASSISTANCE SCHOOLS.
(a) IN GENERAL.—In all schools selected to receive funds under section 1113(c) that are ineligible for a schoolwide program under section 1114, have not received a waiver under section 1114(a)(1)(B) to operate such a schoolwide program, or choose not to operate such a schoolwide program, a local educational agency serving such school may use funds received under this part only for programs that provide services to eligible children under subsection
(c) identified as having the greatest need for special assistance.
(b) TARGETED ASSISTANCE SCHOOL PROGRAM.—To assist tar- geted assistance schools and local educational agencies to meet their responsibility to provide for all their students served under this part the opportunity to meet the challenging State academic standards, each targeted assistance program under this section
shall—
(1) determine which students will be served;
(2) serve participating students identified as eligible chil-
dren under subsection (c), including by—
(A) using resources under this part to help eligible
children meet the challenging State academic standards, which may include programs, activities, and academic courses necessary to provide a well-rounded education;
(B) using methods and instructional strategies to strengthen the academic program of the school through ac- tivities, which may include—
(i) expanded learning time, before- and after- school programs, and summer programs and opportu- nities; and
(ii) a schoolwide tiered model to prevent and ad- dress behavior problems, and early intervening serv- ices, coordinated with similar activities and services carried out under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);
(C) coordinating with and supporting the regular edu-
cation program, which may include services to assist pre- school children in the transition from early childhood edu- cation programs such as Head Start, the literacy program under subpart 2 of part B of title II, or State-run preschool programs to elementary school programs;
(D) providing professional development with resources provided under this part, and, to the extent practicable, from other sources, to teachers, principals, other school leaders, paraprofessionals, and, if appropriate, specialized
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65 ESEA OF 1965 Sec. 1115
instructional support personnel, and other school per- sonnel who work with eligible children in programs under this section or in the regular education program;
(E) implementing strategies to increase the involve- ment of parents of eligible children in accordance with sec- tion 1116; and
(F) if appropriate and applicable, coordinating and in- tegrating Federal, State, and local services and programs, such as programs supported under this Act, violence pre- vention programs, nutrition programs, housing programs, Head Start programs, adult education programs, career and technical education programs, and comprehensive sup- port and improvement activities or targeted support and improvement activities under section 1111(d); and
(G) provide to the local educational agency assurances that the school will—
(i) help provide an accelerated, high-quality cur- riculum;
(ii) minimize the removal of children from the reg- ular classroom during regular school hours for instruc- tion provided under this part; and
(iii) on an ongoing basis, review the progress of el- igible children and revise the targeted assistance pro- gram under this section, if necessary, to provide addi- tional assistance to enable such children to meet the challenging State academic standards.
(c) ELIGIBLE CHILDREN.—
(1) ELIGIBLE POPULATION.—
(A) IN GENERAL.—The eligible population for services under this section is—
(i) children not older than age 21 who are entitled to a free public education through grade 12; and
(ii) children who are not yet at a grade level at which the local educational agency provides a free public education.
(B) ELIGIBLE CHILDREN FROM ELIGIBLE POPULATION.—
From the population described in subparagraph (A), eligi- ble children are children identified by the school as failing, or most at risk of failing, to meet the challenging State academic standards on the basis of multiple, educationally related, objective criteria established by the local edu- cational agency and supplemented by the school, except that children from preschool through grade 2 shall be se- lected solely on the basis of criteria, including objective cri- teria, established by the local educational agency and sup- plemented by the school.
(2) CHILDREN INCLUDED.—
(A) IN GENERAL.—Children who are economically dis-
advantaged, children with disabilities, migrant children or English learners, are eligible for services under this part on the same basis as other children selected to receive services under this part.
(B) HEAD START AND PRESCHOOL CHILDREN.—A child who, at any time in the 2 years preceding the year for
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Sec. 1115
ESEA OF 1965 66
which the determination is made, participated in a Head Start program, the literacy program under subpart 2 of part B of title II, or in preschool services under this title, is eligible for services under this part.
(C) MIGRANT CHILDREN.—A child who, at any time in the 2 years preceding the year for which the determination is made, received services under part C is eligible for serv- ices under this part.
(D) NEGLECTED OR DELINQUENT CHILDREN.—A child in a local institution for neglected or delinquent children and youth or attending a community day program for such children is eligible for services under this part.
(E) HOMELESS CHILDREN.—A child who is homeless and attending any school served by the local educational agency is eligible for services under this part.
(3) SPECIAL RULE.—Funds received under this part may
February 1, 2023
not be used to provide services that are otherwise required by law to be made available to children described in paragraph (2) but may be used to coordinate or supplement such services.
(d) INTEGRATION OF PROFESSIONAL DEVELOPMENT.—To promote
the integration of staff supported with funds under this part into the regular school program and overall school planning and im- provement efforts, public school personnel who are paid with funds received under this part may—
(1) participate in general professional development and school planning activities; and
(2) assume limited duties that are assigned to similar per- sonnel who are not so paid, including duties beyond classroom instruction or that do not benefit participating children, so long as the amount of time spent on such duties is the same propor- tion of total work time as prevails with respect to similar per- sonnel at the same school.
(e) SPECIAL RULES.—
(1) SIMULTANEOUS SERVICE.—Nothing in this section shall be construed to prohibit a school from serving students under this section simultaneously with students with similar edu- cational needs, in the same educational settings where appro- priate.
(2) COMPREHENSIVE SERVICES.—If—
(A) health, nutrition, and other social services are not
otherwise available to eligible children in a targeted assist- ance school and such school, if appropriate, has engaged in a comprehensive needs assessment and established a col- laborative partnership with local service providers; and
(B) funds are not reasonably available from other pub- lic or private sources to provide such services, then a por- tion of the funds provided under this part may be used as a last resort to provide such services, including—
(i) the provision of basic medical equipment, such as eyeglasses and hearing aids;
(ii) compensation of a coordinator;
(iii) family support and engagement services; (iv) integrated student supports; and
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67 ESEA OF 1965 Sec. 1116
(v) professional development necessary to assist teachers, specialized instructional support personnel, other staff, and parents in identifying and meeting the comprehensive needs of eligible children.
(f) USE OF FUNDS FOR DUAL OR CONCURRENT ENROLLMENT PROGRAMS.—A secondary school operating a targeted assistance program under this section may use funds received under this part to provide dual or concurrent enrollment program services de- scribed under section 1114(e) to eligible children under subsection (c)(1)(B) who are identified as having the greatest need for special assistance.
(g) PROHIBITION.—Nothing in this section shall be construed to authorize the Secretary or any other officer or employee of the Fed- eral Government to require a local educational agency or school to submit the results of a comprehensive needs assessment or plan under section 1114(b), or a program described in subsection (b), for review or approval by the Secretary.
(h) DELIVERY OF SERVICES.—The services of a targeted assist- ance program under this section may be delivered by nonprofit or for-profit external providers with expertise in using evidence-based or other effective strategies to improve student achievement.
SEC. 1116. ø20 U.S.C. 6318¿ PARENT AND FAMILY ENGAGEMENT. (a) LOCAL EDUCATIONAL AGENCY POLICY.—
(1) IN GENERAL.—A local educational agency may receive funds under this part only if such agency conducts outreach to all parents and family members and implements programs, ac- tivities, and procedures for the involvement of parents and family members in programs assisted under this part con- sistent with this section. Such programs, activities, and proce- dures shall be planned and implemented with meaningful con- sultation with parents of participating children.
(2) WRITTEN POLICY.—Each local educational agency that receives funds under this part shall develop jointly with, agree on with, and distribute to, parents and family members of par- ticipating children a written parent and family engagement policy. The policy shall be incorporated into the local edu- cational agency’s plan developed under section 1112, establish the agency’s expectations and objectives for meaningful parent and family involvement, and describe how the agency will—
(A) involve parents and family members in jointly de- veloping the local educational agency plan under section 1112, and the development of support and improvement plans under paragraphs (1) and (2) of section 1111(d).
(B) provide the coordination, technical assistance, and other support necessary to assist and build the capacity of all participating schools within the local educational agen- cy in planning and implementing effective parent and fam- ily involvement activities to improve student academic achievement and school performance, which may include meaningful consultation with employers, business leaders, and philanthropic organizations, or individuals with exper- tise in effectively engaging parents and family members in education;
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(C) coordinate and integrate parent and family en- gagement strategies under this part with parent and fam- ily engagement strategies, to the extent feasible and ap- propriate, with other relevant Federal, State, and local laws and programs;
(D) conduct, with the meaningful involvement of par- ents and family members, an annual evaluation of the con- tent and effectiveness of the parent and family engage- ment policy in improving the academic quality of all schools served under this part, including identifying—
(i) barriers to greater participation by parents in activities authorized by this section (with particular attention to parents who are economically disadvan- taged, are disabled, have limited English proficiency, have limited literacy, or are of any racial or ethnic mi- nority background);
(ii) the needs of parents and family members to assist with the learning of their children, including en- gaging with school personnel and teachers; and
(iii) strategies to support successful school and family interactions;
(E) use the findings of such evaluation in subpara-
graph (D) to design evidence-based strategies for more ef- fective parental involvement, and to revise, if necessary, the parent and family engagement policies described in this section; and
(F) involve parents in the activities of the schools served under this part, which may include establishing a parent advisory board comprised of a sufficient number and representative group of parents or family members served by the local educational agency to adequately rep- resent the needs of the population served by such agency for the purposes of developing, revising, and reviewing the parent and family engagement policy.
(3) RESERVATION.—
(A) IN GENERAL.—Each local educational agency shall reserve at least 1 percent of its allocation under subpart 2 to assist schools to carry out the activities described in this section, except that this subparagraph shall not apply if 1 percent of such agency’s allocation under subpart 2 for the fiscal year for which the determination is made is $5,000 or less. Nothing in this subparagraph shall be con- strued to limit local educational agencies from reserving more than 1 percent of its allocation under subpart 2 to as- sist schools to carry out activities described in this section.
(B) PARENT AND FAMILY MEMBER INPUT.—Parents and family members of children receiving services under this part shall be involved in the decisions regarding how funds reserved under subparagraph (A) are allotted for parental involvement activities.
(C) DISTRIBUTION OF FUNDS.—Not less than 90 percent of the funds reserved under subparagraph (A) shall be dis- tributed to schools served under this part, with priority given to high-need schools.
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69 ESEA OF 1965 Sec. 1116
(D) USE OF FUNDS.—Funds reserved under subpara- graph (A) by a local educational agency shall be used to carry out activities and strategies consistent with the local educational agency’s parent and family engagement policy, including not less than 1 of the following:
(i) Supporting schools and nonprofit organizations in providing professional development for local edu- cational agency and school personnel regarding parent and family engagement strategies, which may be pro- vided jointly to teachers, principals, other school lead- ers, specialized instructional support personnel, para- professionals, early childhood educators, and parents and family members.
(ii) Supporting programs that reach parents and family members at home, in the community, and at school.
(iii) Disseminating information on best practices focused on parent and family engagement, especially best practices for increasing the engagement of eco- nomically disadvantaged parents and family members.
(iv) Collaborating, or providing subgrants to schools to enable such schools to collaborate, with com- munity-based or other organizations or employers with a record of success in improving and increasing parent and family engagement.
(v) Engaging in any other activities and strategies that the local educational agency determines are ap- propriate and consistent with such agency’s parent and family engagement policy.
(b) SCHOOL PARENT AND FAMILY ENGAGEMENT POLICY.—
(1) IN GENERAL.—Each school served under this part shall jointly develop with, and distribute to, parents and family members of participating children a written parent and family engagement policy, agreed on by such parents, that shall de- scribe the means for carrying out the requirements of sub- sections (c) through (f). Parents shall be notified of the policy in an understandable and uniform format and, to the extent practicable, provided in a language the parents can under- stand. Such policy shall be made available to the local commu- nity and updated periodically to meet the changing needs of
parents and the school.
(2) SPECIAL RULE.—If the school has a parent and family
engagement policy that applies to all parents and family mem- bers, such school may amend that policy, if necessary, to meet the requirements of this subsection.
(3) AMENDMENT.—If the local educational agency involved has a school district-level parent and family engagement policy that applies to all parents and family members in all schools served by the local educational agency, such agency may amend that policy, if necessary, to meet the requirements of this subsection.
(4) PARENTAL COMMENTS.—If the plan under section 1112 is not satisfactory to the parents of participating children, the local educational agency shall submit any parent comments
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Sec. 1116 ESEA OF 1965 70
with such plan when such local educational agency submits the plan to the State.
(c) POLICY INVOLVEMENT.—Each school served under this part
shall—
(1) convene an annual meeting, at a convenient time, to
which all parents of participating children shall be invited and encouraged to attend, to inform parents of their school’s par- ticipation under this part and to explain the requirements of this part, and the right of the parents to be involved;
(2) offer a flexible number of meetings, such as meetings in the morning or evening, and may provide, with funds pro- vided under this part, transportation, child care, or home vis- its, as such services relate to parental involvement;
(3) involve parents, in an organized, ongoing, and timely way, in the planning, review, and improvement of programs under this part, including the planning, review, and improve- ment of the school parent and family engagement policy and the joint development of the schoolwide program plan under section 1114(b), except that if a school has in place a process for involving parents in the joint planning and design of the school’s programs, the school may use that process, if such process includes an adequate representation of parents of par- ticipating children;
(4) provide parents of participating children—
(A) timely information about programs under this
part;
(B) a description and explanation of the curriculum in
use at the school, the forms of academic assessment used to measure student progress, and the achievement levels of the challenging State academic standards; and
(C) if requested by parents, opportunities for regular meetings to formulate suggestions and to participate, as appropriate, in decisions relating to the education of their children, and respond to any such suggestions as soon as practicably possible; and
(5) if the schoolwide program plan under section 1114(b) is not satisfactory to the parents of participating children, submit any parent comments on the plan when the school makes the plan available to the local educational agency.
(d) SHARED RESPONSIBILITIES FOR HIGH STUDENT ACADEMIC
ACHIEVEMENT.—As a component of the school-level parent and family engagement policy developed under subsection (b), each school served under this part shall jointly develop with parents for all children served under this part a school-parent compact that outlines how parents, the entire school staff, and students will share the responsibility for improved student academic achieve- ment and the means by which the school and parents will build and develop a partnership to help children achieve the State’s high standards. Such compact shall—
(1) describe the school’s responsibility to provide high-qual- ity curriculum and instruction in a supportive and effective learning environment that enables the children served under this part to meet the challenging State academic standards, and the ways in which each parent will be responsible for sup-
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71 ESEA OF 1965 Sec. 1116
porting their children’s learning; volunteering in their child’s classroom; and participating, as appropriate, in decisions relat- ing to the education of their children and positive use of extra- curricular time; and
(2) address the importance of communication between teachers and parents on an ongoing basis through, at a min- imum—
(A) parent-teacher conferences in elementary schools, at least annually, during which the compact shall be dis- cussed as the compact relates to the individual child’s achievement;
(B) frequent reports to parents on their children’s progress;
(C) reasonable access to staff, opportunities to volun- teer and participate in their child’s class, and observation of classroom activities; and
(D) ensuring regular two-way, meaningful communica- tion between family members and school staff, and, to the extent practicable, in a language that family members can understand.
(e) BUILDING CAPACITY FOR INVOLVEMENT.—To ensure effective involvement of parents and to support a partnership among the school involved, parents, and the community to improve student academic achievement, each school and local educational agency as- sisted under this part—
(1) shall provide assistance to parents of children served by the school or local educational agency, as appropriate, in understanding such topics as the challenging State academic standards, State and local academic assessments, the require- ments of this part, and how to monitor a child’s progress and work with educators to improve the achievement of their chil- dren;
(2) shall provide materials and training to help parents to work with their children to improve their children’s achieve- ment, such as literacy training and using technology (including education about the harms of copyright piracy), as appropriate, to foster parental involvement;
(3) shall educate teachers, specialized instructional support personnel, principals, and other school leaders, and other staff, with the assistance of parents, in the value and utility of con- tributions of parents, and in how to reach out to, communicate with, and work with parents as equal partners, implement and coordinate parent programs, and build ties between parents and the school;
(4) shall, to the extent feasible and appropriate, coordinate and integrate parent involvement programs and activities with other Federal, State, and local programs, including public pre- school programs, and conduct other activities, such as parent resource centers, that encourage and support parents in more fully participating in the education of their children;
(5) shall ensure that information related to school and par- ent programs, meetings, and other activities is sent to the par- ents of participating children in a format and, to the extent practicable, in a language the parents can understand;
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Sec. 1117 ESEA OF 1965 72
(6) may involve parents in the development of training for teachers, principals, and other educators to improve the effec- tiveness of such training;
(7) may provide necessary literacy training from funds re- ceived under this part if the local educational agency has ex- hausted all other reasonably available sources of funding for such training;
(8) may pay reasonable and necessary expenses associated with local parental involvement activities, including transpor- tation and child care costs, to enable parents to participate in school-related meetings and training sessions;
(9) may train parents to enhance the involvement of other parents;
(10) may arrange school meetings at a variety of times, or conduct in-home conferences between teachers or other edu- cators, who work directly with participating children, with par- ents who are unable to attend such conferences at school, in order to maximize parental involvement and participation;
(11) may adopt and implement model approaches to im- proving parental involvement;
(12) may establish a districtwide parent advisory council to provide advice on all matters related to parental involvement in programs supported under this section;
(13) may develop appropriate roles for community-based organizations and businesses in parent involvement activities; and
(14) shall provide such other reasonable support for paren- tal involvement activities under this section as parents may re- quest.
(f) ACCESSIBILITY.—In carrying out the parent and family en-
gagement requirements of this part, local educational agencies and schools, to the extent practicable, shall provide opportunities for the informed participation of parents and family members (includ- ing parents and family members who have limited English pro- ficiency, parents and family members with disabilities, and parents and family members of migratory children), including providing in- formation and school reports required under section 1111 in a for- mat and, to the extent practicable, in a language such parents un- derstand.
(g) FAMILY ENGAGEMENT IN EDUCATION PROGRAMS.—In a State operating a program under part E of title IV, each local educational agency or school that receives assistance under this part shall in- form parents and organizations of the existence of the program.
(h) REVIEW.—The State educational agency shall review the local educational agency’s parent and family engagement policies and practices to determine if the policies and practices meet the re- quirements of this section.
SEC. 1117. ø20 U.S.C. 6320¿ PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
(a) GENERAL REQUIREMENT.—
(1) IN GENERAL.—To the extent consistent with the number
of eligible children identified under section 1115(c) in the school district served by a local educational agency who are en-
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73 ESEA OF 1965 Sec. 1117
rolled in private elementary schools and secondary schools, a local educational agency shall—
(A) after timely and meaningful consultation with ap- propriate private school officials, provide such children, on an equitable basis and individually or in combination, as requested by the officials to best meet the needs of such children, special educational services, instructional serv- ices (including evaluations to determine the progress being made in meeting such students’ academic needs), coun- seling, mentoring, one-on-one tutoring, or other benefits under this part (such as dual or concurrent enrollment, educational radio and television, computer equipment and materials, other technology, and mobile educational serv- ices and equipment) that address their needs; and
(B) ensure that teachers and families of the children participate, on an equitable basis, in services and activities developed pursuant to section 1116.
(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.—Such edu-
cational services or other benefits, including materials and equipment, shall be secular, neutral, and nonideological.
(3) EQUITY.—
(A) IN GENERAL.—Educational services and other bene-
fits for such private school children shall be equitable in comparison to services and other benefits for public school children participating under this part, and shall be pro- vided in a timely manner.
(B) OMBUDSMAN.—To help ensure such equity for such private school children, teachers, and other educational personnel, the State educational agency involved shall des- ignate an ombudsman to monitor and enforce the require- ments of this part.
(4) EXPENDITURES.—
(A) DETERMINATION.—
(i) IN GENERAL.—Expenditures for educational
services and other benefits to eligible private school children shall be equal to the proportion of funds allo- cated to participating school attendance areas based on the number of children from low-income families who attend private schools.
(ii) PROPORTIONAL SHARE.—The proportional share of funds shall be determined based on the total amount of funds received by the local educational agency under this part prior to any allowable expendi- tures or transfers by the local educational agency.
(B) OBLIGATION OF FUNDS.—Funds allocated to a local
educational agency for educational services and other ben- efits to eligible private school children shall be obligated in the fiscal year for which the funds are received by the agency.
(C) NOTICE OF ALLOCATION.—Each State educational agency shall provide notice in a timely manner to the ap- propriate private school officials in the State of the alloca- tion of funds for educational services and other benefits under this part that the local educational agencies have
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Sec. 1117
ESEA OF 1965 74
determined are available for eligible private school chil- dren.
(D) TERM OF DETERMINATION.—The local educational agency may determine the equitable share under subpara- graph (A) each year or every 2 years.
(5) PROVISION OF SERVICES.—The local educational agency,
or, in a case described in subsection (b)(6)(C), the State edu- cational agency involved, may provide services under this sec- tion directly or through contracts with public and private agen- cies, organizations, and institutions.
(b) CONSULTATION.—
(1) IN GENERAL.—To ensure timely and meaningful con-
sultation, a local educational agency shall consult with appro- priate private school officials during the design and develop- ment of such agency’s programs under this part. Such agency and private school officials shall both have the goal of reaching agreement on how to provide equitable and effective programs for eligible private school children, the results of which agree- ment shall be transmitted to the ombudsman designated under subsection (a)(3)(B). Such process shall include consultation on issues such as—
(A) how the children’s needs will be identified;
(B) what services will be offered;
(C) how, where, and by whom the services will be pro-
vided;
(D) how the services will be academically assessed and
how the results of that assessment will be used to improve those services;
(E) the size and scope of the equitable services to be provided to the eligible private school children, the propor- tion of funds that is allocated under subsection (a)(4)(A) for such services, and how that proportion of funds is deter- mined;
(F) the method or sources of data that are used under subsection (c) and section 1113(c)(1) to determine the num- ber of children from low-income families in participating school attendance areas who attend private schools;
(G) how and when the agency will make decisions about the delivery of services to such children, including a thorough consideration and analysis of the views of the private school officials on the provision of services through a contract with potential third-party providers;
(H) how, if the agency disagrees with the views of the private school officials on the provision of services through a contract, the local educational agency will provide in writing to such private school officials an analysis of the reasons why the local educational agency has chosen not to use a contractor;
(I) whether the agency shall provide services directly or through a separate government agency, consortium, en- tity, or third-party contractor;
(J) whether to provide equitable services to eligible private school children—
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75 ESEA OF 1965 Sec. 1117
(i) by creating a pool or pools of funds with all of the funds allocated under subsection (a)(4)(A) based on all the children from low-income families in a partici- pating school attendance area who attend private schools; or
(ii) in the agency’s participating school attendance area who attend private schools with the proportion of funds allocated under subsection (a)(4)(A) based on the number of children from low-income families who at- tend private schools;
(K) when, including the approximate time of day, serv-
ices will be provided; and
(L) whether to consolidate and use funds provided
under subsection (a)(4) in coordination with eligible funds available for services to private school children under ap- plicable programs, as defined in section 8501(b)(1)to pro- vide services to eligible private school children partici- pating in programs.
(2) DISAGREEMENT.—If a local educational agency dis- agrees with the views of private school officials with respect to an issue described in paragraph (1), the local educational agen- cy shall provide in writing to such private school officials the reasons why the local educational agency disagrees.
(3) TIMING.—Such consultation shall include meetings of agency and private school officials and shall occur before the local educational agency makes any decision that affects the opportunities of eligible private school children to participate in programs under this part. Such meetings shall continue throughout implementation and assessment of services pro- vided under this section.
(4) DISCUSSION.—Such consultation shall include a discus- sion of service delivery mechanisms a local educational agency can use to provide equitable services to eligible private school children.
(5) DOCUMENTATION.—Each local educational agency shall maintain in the agency’s records and provide to the State edu- cational agency involved a written affirmation signed by offi- cials of each participating private school that the meaningful consultation required by this section has occurred. The written affirmation shall provide the option for private school officials to indicate such officials’ belief that timely and meaningful con- sultation has not occurred or that the program design is not equitable with respect to eligible private school children. If such officials do not provide such affirmation within a reason- able period of time, the local educational agency shall forward the documentation that such consultation has, or attempts at such consultation have, taken place to the State educational agency.
(6) COMPLIANCE.—
(A) IN GENERAL.—A private school official shall have
the right to file a complaint with to the State educational agency asserting that the local educational agency did not engage in consultation that was meaningful and timely, did not give due consideration to the views of the private
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ESEA OF 1965 76
school official, or did not make a decision that treats the private school students equitably as required by this sec- tion.
(B) PROCEDURE.—If the private school official wishes to file a complaint, the official shall provide the basis of the noncompliance with this section by the local edu- cational agency to the State educational agency, and the local educational agency shall forward the appropriate doc- umentation to the State educational agency.
(C) STATE EDUCATIONAL AGENCIES.—A State edu- cational agency shall provide services under this section directly or through contracts with public or private agen- cies, organizations, or institutions, if the appropriate pri- vate school officials have—
(i) requested that the State educational agency provide such services directly; and
(ii) demonstrated that the local educational agency involved has not met the requirements of this section in accordance with the procedures for making such a request, as prescribed by the State educational agency.
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(c) ALLOCATION FOR EQUITABLE SERVICE TO PRIVATE SCHOOL STUDENTS.—
(1) CALCULATION.—A local educational agency shall have the final authority, consistent with this section, to calculate the number of children, ages 5 through 17, who are from low- income families and attend private schools by—
(A) using the same measure of low income used to count public school children;
(B) using the results of a survey that, to the extent possible, protects the identity of families of private school students, and allowing such survey results to be extrapo- lated if complete actual data are unavailable;
(C) applying the low-income percentage of each partici- pating public school attendance area, determined pursuant to this section, to the number of private school children who reside in that school attendance area; or
(D) using an equated measure of low income correlated with the measure of low income used to count public school children.
(2) COMPLAINT PROCESS.—Any dispute regarding low-in-
come data for private school students shall be subject to the complaint process authorized in section 8503.
(d) PUBLIC CONTROL OF FUNDS.—
(1) IN GENERAL.—The control of funds provided under this part, and title to materials, equipment, and property pur- chased with such funds, shall be in a public agency, and a pub- lic agency shall administer such funds, materials, equipment, and property.
(2) PROVISION OF SERVICES.—
(A) PROVIDER.—The provision of services under this
section shall be provided—
(i) by employees of a public agency; or
(ii) through contract by such public agency with
an individual, association, agency, or organization.
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77 ESEA OF 1965 Sec. 1118
(B) REQUIREMENT.—In the provision of such services, such employee, individual, association, agency, or organi- zation shall be independent of such private school and of any religious organization, and such employment or con- tract shall be under the control and supervision of such public agency.
(e) STANDARDS FOR A BYPASS.—If a local educational agency is prohibited by law from providing for the participation in programs on an equitable basis of eligible children enrolled in private ele- mentary schools and secondary schools, or if the Secretary deter- mines that a local educational agency has substantially failed or is unwilling, to provide for such participation, as required by this sec- tion, the Secretary shall—
(1) waive the requirements of this section for such local educational agency;
(2) arrange for the provision of services to such children through arrangements that shall be subject to the require- ments of this section and sections 8503 and 8504; and
(3) in making the determination under this subsection, consider one or more factors, including the quality, size, scope, and location of the program and the opportunity of eligible children to participate.
SEC. 1118. ø20 U.S.C. 6321¿ FISCAL REQUIREMENTS.
(a) MAINTENANCE OF EFFORT.—A local educational agency may
receive funds under this part for any fiscal year only if the State educational agency involved finds that the local educational agency has maintained the agency’s fiscal effort in accordance with section 8521.
(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUPPLANT, NON- FEDERAL FUNDS.—
(1) IN GENERAL.—A State educational agency or local edu- cational agency shall use Federal funds received under this part only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for the education of students participating in programs assisted under this part, and not to supplant such funds.
(2) COMPLIANCE.—To demonstrate compliance with para- graph (1), a local educational agency shall demonstrate that the methodology used to allocate State and local funds to each school receiving assistance under this part ensures that such school receives all of the State and local funds it would other- wise receive if it were not receiving assistance under this part.
(3) SPECIAL RULE.—No local educational agency shall be required to—
(A) identify that an individual cost or service sup- ported under this part is supplemental; or
(B) provide services under this part through a par- ticular instructional method or in a particular instruc- tional setting in order to demonstrate such agency’s com- pliance with paragraph (1).
(4) PROHIBITION.—Nothing in this section shall be con-
strued to authorize or permit the Secretary to prescribe the specific methodology a local educational agency uses to allocate
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State and local funds to each school receiving assistance under this part.
(5) TIMELINE.—A local educational agency—
(A) shall meet the compliance requirement under
paragraph (2) not later than 2 years after the date of en- actment of the Every Student Succeeds Act; and
(B) may demonstrate compliance with the requirement under paragraph (1) before the end of such 2-year period using the method such local educational agency used on the day before the date of enactment of the Every Student Succeeds Act.
(c) COMPARABILITY OF SERVICES.— (1) IN GENERAL.—
(A) COMPARABLE SERVICES.—Except as provided in paragraphs (4) and (5), a local educational agency may re- ceive funds under this part only if State and local funds will be used in schools served under this part to provide services that, taken as a whole, are at least comparable to services in schools that are not receiving funds under this part.
(B) SUBSTANTIALLY COMPARABLE SERVICES.—If the local educational agency is serving all of such agency’s schools under this part, such agency may receive funds under this part only if such agency will use State and local funds to provide services that, taken as a whole, are sub- stantially comparable in each school.
(C) BASIS.—A local educational agency may meet the requirements of subparagraphs (A) and (B) on a grade- span by grade-span basis or a school-by-school basis.
(2) WRITTEN ASSURANCE.—
(A) EQUIVALENCE.—A local educational agency shall be considered to have met the requirements of paragraph (1) if such agency has filed with the State educational agency a written assurance that such agency has established and implemented—
(i) a local educational agency-wide salary sched- ule;
(ii) a policy to ensure equivalence among schools in teachers, administrators, and other staff; and
(iii) a policy to ensure equivalence among schools in the provision of curriculum materials and instruc- tional supplies.
(B) DETERMINATIONS.—For the purpose of this sub-
section, in the determination of expenditures per pupil from State and local funds, or instructional salaries per pupil from State and local funds, staff salary differentials for years of employment shall not be included in such de- terminations.
(C) EXCLUSIONS.—A local educational agency need not include unpredictable changes in student enrollment or personnel assignments that occur after the beginning of a school year in determining comparability of services under this subsection.
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79 ESEA OF 1965 Sec. 1119
(3) PROCEDURES AND RECORDS.—Each local educational agency assisted under this part shall—
(A) develop procedures for compliance with this sub- section; and
(B) maintain records that are updated biennially docu- menting such agency’s compliance with this subsection.
(4) INAPPLICABILITY.—This subsection shall not apply to a
local educational agency that does not have more than one building for each grade span.
(5) COMPLIANCE.—For the purpose of determining compli- ance with paragraph (1), a local educational agency may ex- clude State and local funds expended for—
(A) language instruction educational programs; and
(B) the excess costs of providing services to children with disabilities as determined by the local educational agency.
(d) EXCLUSION OF FUNDS.—For the purpose of complying with subsections (b) and (c), a State educational agency or local edu- cational agency may exclude supplemental State or local funds ex- pended in any school attendance area or school for programs that meet the intent and purposes of this part.
SEC. 1119. ø20 U.S.C. 6322¿ COORDINATION REQUIREMENTS.
(a) IN GENERAL.—Each local educational agency receiving as- sistance under this part shall carry out the activities described in subsection (b) with Head Start agencies and, if feasible, other enti- ties carrying out early childhood development programs. Each local educational agency shall develop agreements with such Head Start
agencies and other entities to carry out such activities.
(b) ACTIVITIES.—The activities referred to in subsection (a) are activities that increase coordination between the local educational agency and a Head Start agency and, if feasible, other entities car- rying out early childhood education programs serving children who will attend the schools of the local educational agency, including— (1) developing and implementing a systematic procedure for receiving records regarding such children, transferred with parental consent from a Head Start program or, where applica-
ble, another early childhood education program;
(2) establishing channels of communication between school
staff and their counterparts (including teachers, social workers, and health staff) in such Head Start agencies or other entities carrying out early childhood education programs, as appro- priate, to facilitate coordination of programs;
(3) conducting meetings involving parents, kindergarten or elementary school teachers, and Head Start teachers or, if ap- propriate, teachers from other early childhood education pro- grams, to discuss the developmental and other needs of indi- vidual children;
(4) organizing and participating in joint transition-related training of school staff, Head Start program staff, and, where appropriate, other early childhood education program staff; and
(5) linking the educational services provided by such local educational agency with the services provided by local Head Start agencies.
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Sec. 1121 ESEA OF 1965 80
(c) COORDINATION OF REGULATIONS.—The Secretary shall work with the Secretary of Health and Human Services to coordinate regulations promulgated under this part with regulations promul- gated under the Head Start Act.
Subpart 2—Allocations
SEC. 1121. ø20 U.S.C. 6331¿ GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE INTERIOR.
(a) RESERVATION OF FUNDS.—Subject to subsection (e), from the amount appropriated for payments to States for any fiscal year under section 1002(a), the Secretary shall—
(1) reserve 0.4 percent to provide assistance to the outlying areas in accordance with subsection (b); and
(2) reserve 0.7 percent to provide assistance to the Sec- retary of the Interior in accordance with subsection (d).
(b) ASSISTANCE TO OUTLYING AREAS.—
(1) FUNDS RESERVED.—From the amount made available for any fiscal year under subsection (a)(1), the Secretary shall—
(A) first reserve $1,000,000 for the Republic of Palau, until Palau enters into an agreement for extension of United States educational assistance under the Compact of Free Association, and subject to such terms and conditions as the Secretary may establish, except that Public Law 95–134, permitting the consolidation of grants, shall not apply; and
(B) use the remaining funds to award grants to the outlying areas in accordance with paragraphs (2) through (5).
(2) AMOUNT OF GRANTS.—The Secretary shall allocate the
amount available under paragraph (1)(B) to the outlying areas in proportion to their relative numbers of children, aged 5 to 17, inclusive, from families below the poverty level, on the basis of the most recent satisfactory data available from the Department of Commerce.
(3) HOLD-HARMLESS AMOUNTS.—For each fiscal year, the amount made available to each outlying area under this sub- section shall be—
(A) not less than 95 percent of the amount made avail- able for the preceding fiscal year if the number of children counted under paragraph (2) is not less than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the outlying area;
(B) not less than 90 percent of the amount made avail- able for the preceding fiscal year if the percentage de- scribed in subparagraph (A) is between 15 percent and 30 percent; and
(C) not less than 85 percent of the amount made avail- able for the preceding fiscal year if the percentage de- scribed in subparagraph (A) is below 15 percent.
(4) RATABLE REDUCTIONS.—If the amount made available
under paragraph (1)(B) for any fiscal year is insufficient to pay the full amounts that the outlying areas are eligible to receive
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81 ESEA OF 1965 Sec. 1122
under paragraphs (2) and (3) for that fiscal year, the Secretary shall ratably reduce those amounts.
(5) USES.—Grant funds awarded under paragraph (1)(A) may be used only—
(A) for programs described in this Act, including teach- er training, curriculum development, instructional mate- rials, or general school improvement and reform; and
(B) to provide direct educational services that assist all students with meeting the challenging State academic standards.
(c) DEFINITIONS.—For the purpose of this section, the term ‘‘outlying area’’ means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(d) ALLOTMENT TO THE SECRETARY OF THE INTERIOR.—
(1) IN GENERAL.—The amount allotted for payments to the Secretary of the Interior under subsection (a)(2) for any fiscal year shall be used, in accordance with such criteria as the Sec- retary may establish, to meet the unique educational needs
of—
the Secretary of the Interior under subsection (a)(2), the Sec- retary of the Interior shall make payments to local educational agencies, on such terms as the Secretary determines will best carry out the purposes of this part, with respect to out-of-State Indian children described in paragraph (1). The amount of such payment may not exceed, for each such child, the greater of—
(A) 40 percent of the average per-pupil expenditure in the State in which the agency is located; or
(B) 48 percent of such expenditure in the United States.
(e) LIMITATION ON APPLICABILITY.—If, by reason of the applica- tion of subsection (a) for any fiscal year, the total amount available for allocation to all States under this part would be less than the amount allocated to all States for fiscal year 2016 under this part, the Secretary shall provide assistance to the outlying areas and the Secretary of the Interior in accordance with this section, as in ef- fect on the day before the date of enactment of the Every Student Succeeds Act.
SEC. 1122. ø20 U.S.C. 6332¿ ALLOCATIONS TO STATES.
(a) ALLOCATION FORMULA.—Of the amount appropriated under
section 1002(a) to carry out this part for each of fiscal years 2017– 2020 (referred to in this subsection as the current fiscal year)—
(1) an amount equal to the amount made available to carry out section 1124 for fiscal year 2001 shall be allocated in ac- cordance with section 1124;
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(A) Indian children on reservations served by elemen- tary schools and secondary schools for Indian children op- erated or supported by the Department of the Interior; and
(B) out-of-State Indian children in elementary schools and secondary schools in local educational agencies under special contracts with the Department of the Interior.
(2) PAYMENTS.—From the amount allotted for payments to
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Sec. 1122 ESEA OF 1965 82
(2) an amount equal to the amount made available to carry out section 1124A for fiscal year 2001 shall be allocated in ac- cordance with section 1124A; and
(3) an amount equal to 100 percent of the amount, if any, by which the total amount made available under this sub- section for the current fiscal year for which the determination is made exceeds the total amount available to carry out sec- tions 1124 and 1124A for fiscal year 2001 shall be used to carry out sections 1125 and 1125A and such amount shall be divided equally between sections 1125 and 1125A.
(b) ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS.—
(1) IN GENERAL.—If the sums available under this subpart for any fiscal year are insufficient to pay the full amounts that all local educational agencies in States are eligible to receive under sections 1124, 1124A, and 1125 for such year, the Sec- retary shall ratably reduce the allocations to such local edu- cational agencies, subject to subsections (c) and (d) of this sec- tion.
(2) ADDITIONAL FUNDS.—If additional funds become avail- able for making payments under sections 1124, 1124A, and 1125 for such fiscal year, allocations that were reduced under paragraph (1) shall be increased on the same basis as they were reduced.
(c) HOLD-HARMLESS AMOUNTS.—
(1) AMOUNTS FOR SECTIONS 1124, 1124A, AND 1125.—For each fiscal year, the amount made available to each local edu- cational agency under each of sections 1124, 1124A, and 1125 shall be—
(A) not less than 95 percent of the amount made avail- able for the preceding fiscal year if the number of children counted for grants under section 1124 is not less than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the local educational agency;
(B) not less than 90 percent of the amount made avail- able for the preceding fiscal year if the percentage de- scribed in subparagraph (A) is between 15 percent and 30 percent; and
(C) not less than 85 percent of the amount made avail- able for the preceding fiscal year if the percentage de- scribed in subparagraph (A) is below 15 percent.
(2) PAYMENTS.—If sufficient funds are appropriated, the
amounts described in paragraph (1) shall be paid to all local educational agencies that received grants under section 1124A for the preceding fiscal year, regardless of whether the local educational agency meets the minimum eligibility criteria for that fiscal year described in section 1124A(a)(1)(A) except that a local educational agency that does not meet such minimum eligibility criteria for 4 consecutive years shall no longer be eli- gible to receive a hold harmless amount referred to in para- graph (1).
(3) APPLICABILITY.—Notwithstanding any other provision of law, the Secretary shall not take into consideration the hold- harmless provisions of this subsection for any fiscal year for purposes of calculating State or local allocations for the fiscal
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83 ESEA OF 1965 Sec. 1124
year under any program administered by the Secretary other than a program authorized under this part.
(4) POPULATION DATA.—For any fiscal year for which the Secretary calculates grants on the basis of population data for counties, the Secretary shall apply the hold-harmless percent- ages in paragraphs (1) and (2) to counties and, if the Sec- retary’s allocation for a county is not sufficient to meet the hold-harmless requirements of this subsection for every local educational agency within that county, the State educational agency shall reallocate funds proportionately from all other local educational agencies in the State that are receiving funds in excess of the hold-harmless amounts specified in this sub- section.
(d) RATABLE REDUCTIONS.—
(1) IN GENERAL.—If the sums made available under this
subpart for any fiscal year are insufficient to pay the full amounts that local educational agencies in all States are eligi- ble to receive under subsection (c) for such year, the Secretary shall ratably reduce such amounts for such year.
(2) ADDITIONAL FUNDS.—If additional funds become avail- able for making payments under subsection (c) for such fiscal year, amounts that were reduced under paragraph (1) shall be increased on the same basis as such amounts were reduced.
(e) DEFINITION.—For the purpose of this section and sections
1124, 1124A, 1125, and 1125A, the term ‘‘State’’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
SEC. 1124. ø20 U.S.C. 6333¿ BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) AMOUNT OF GRANTS.—
(1) GRANTS FOR LOCAL EDUCATIONAL AGENCIES AND PUERTO
RICO.—Except as provided in paragraph (4) and in section 1126, the grant that a local educational agency is eligible to re- ceive under this section for a fiscal year is the amount deter- mined by multiplying—
(A) the number of children counted under subsection (c); and
(B) 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this subparagraph shall not be less than 32 percent, or more than 48 percent, of the average per-pupil expenditure in the United States.
(2) CALCULATION OF GRANTS.—
(A) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.— The Secretary shall calculate grants under this section on the basis of the number of children counted under sub- section (c) for local educational agencies, unless the Sec- retary and the Secretary of Commerce determine that some or all of those data are unreliable or that their use would be otherwise inappropriate, in which case—
(i) the two Secretaries shall publicly disclose the reasons for their determination in detail; and
(ii) paragraph (3) shall apply.
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ESEA OF 1965 84
(B) ALLOCATIONS TO LARGE AND SMALL LOCAL EDU- CATIONAL AGENCIES.—
(i) For any fiscal year to which this paragraph ap- plies, the Secretary shall calculate grants under this section for each local educational agency.
(ii) The amount of a grant under this section for each large local educational agency shall be the amount determined under clause (i).
(iii) For small local educational agencies, the State educational agency may either—
(I) distribute grants under this section in amounts determined by the Secretary under clause (i); or
(II) use an alternative method approved by the Secretary to distribute the portion of the State’s total grants under this section that is based on those small agencies.
(iv) An alternative method under clause (iii)(II)
shall be based on population data that the State edu- cational agency determines best reflect the current distribution of children in poor families among the State’s small local educational agencies that meet the eligibility criteria of subsection (b).
(v) If a small local educational agency is dissatis- fied with the determination of its grant by the State educational agency under clause (iii)(II), it may appeal that determination to the Secretary, who shall respond not later than 45 days after receipt of such appeal.
(vi) As used in this subparagraph—
(I) the term ‘‘large local educational agency’’
means a local educational agency serving an area with a total population of 20,000 or more; and
(II) the term ‘‘small local educational agency’’ means a local educational agency serving an area with a total population of less than 20,000.
(3) ALLOCATIONS TO COUNTIES.—
(A) CALCULATION.—For any fiscal year to which this
paragraph applies, the Secretary shall calculate grants under this section on the basis of the number of children counted under subsection (c) for counties, and State edu- cational agencies shall suballocate county amounts to local educational agencies, in accordance with regulations issued by the Secretary.
(B) DIRECT ALLOCATIONS.—In any State in which a large number of local educational agencies overlap county boundaries, or for which the State believes it has data that would better target funds than allocating them by county, the State educational agency may apply to the Secretary for authority to make the allocations under this subpart for a particular fiscal year directly to local educational agencies without regard to counties.
(C) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.— If the Secretary approves the State educational agency’s application under subparagraph (B), the State educational
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85 ESEA OF 1965 Sec. 1124
agency shall provide the Secretary an assurance that such allocations shall be made—
(i) using precisely the same factors for deter- mining a grant as are used under this subpart; or
(ii) using data that the State educational agency submits to the Secretary for approval that more accu- rately target poverty.
(D) APPEAL.—The State educational agency shall pro-
vide the Secretary an assurance that it will establish a procedure through which a local educational agency that is dissatisfied with its determinations under subparagraph (B) may appeal directly to the Secretary for a final deter- mination.
(4) PUERTO RICO.—
(A) IN GENERAL.—For each fiscal year, the grant that
the Commonwealth of Puerto Rico shall be eligible to re- ceive under this section shall be the amount determined by multiplying the number of children counted under sub- section (c) for the Commonwealth of Puerto Rico by the product of—
(i) subject to subparagraph (B), the percentage that the average per-pupil expenditure in the Com- monwealth of Puerto Rico is of the lowest average per- pupil expenditure of any of the 50 States; and
(ii) 32 percent of the average per-pupil expendi- ture in the United States.
(B) MINIMUM PERCENTAGE.—The percentage in sub-
paragraph (A)(i) shall not be less than—
(i) for fiscal year 2002, 77.5 percent;
(ii) for fiscal year 2003, 80.0 percent;
(iii) for fiscal year 2004, 82.5 percent;
(iv) for fiscal year 2005, 85.0 percent;
(v) for fiscal year 2006, 92.5 percent; and
(vi) for fiscal year 2007 and succeeding fiscal
years, 100.0 percent.
(C) LIMITATION.—If the application of subparagraph (B) would result in any of the 50 States or the District of Columbia receiving less under this subpart than it re- ceived under this subpart for the preceding fiscal year, the percentage in subparagraph (A) shall be the greater of—
(i) the percentage in subparagraph (A)(i);
(ii) the percentage specified in subparagraph (B) for the preceding fiscal year; or
(iii) the percentage used for the preceding fiscal year.
(b) MINIMUM NUMBER OF CHILDREN TO QUALIFY.—A local edu- cational agency is eligible for a basic grant under this section for any fiscal year only if the number of children counted under sub- section (c) for that agency is both—
(1) 10 or more; and
(2) more than 2 percent of the total school-age population in the agency’s jurisdiction.
(c) CHILDREN TO BE COUNTED.—
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(1) CATEGORIES OF CHILDREN.—The number of children to be counted for purposes of this section is the aggregate of—
(A) the number of children aged 5 to 17, inclusive, in the school district of the local educational agency from families below the poverty level as determined under para- graph (2);
(B) the number of children (determined under para- graph (4) for either the preceding year as described in that paragraph, or for the second preceding year, as the Sec- retary finds appropriate) aged 5 to 17, inclusive, in the school district of such agency in institutions for neglected and delinquent children (other than such institutions oper- ated by the United States), but not counted pursuant to subpart 1 of part D for the purposes of a grant to a State agency, or being supported in foster homes with public funds; and
(C) the number of children aged 5 to 17, inclusive, in the school district of such agency from families above the poverty level as determined under paragraph (4).
(2) DETERMINATION OF NUMBER OF CHILDREN.—For the
purposes of this section, the Secretary shall determine the number of children aged 5 to 17, inclusive, from families below the poverty level on the basis of the most recent satisfactory data, described in paragraph (3), available from the Depart- ment of Commerce. The District of Columbia and the Common- wealth of Puerto Rico shall be treated as individual local edu- cational agencies. If a local educational agency contains two or more counties in their entirety, then each county will be treat- ed as if such county were a separate local educational agency for purposes of calculating grants under this part. The total of grants for such counties shall be allocated to such a local edu- cational agency, which local educational agency shall distribute to schools in each county within such agency a share of the local educational agency’s total grant that is no less than the county’s share of the population counts used to calculate the local educational agency’s grant.
(3) POPULATION UPDATES.—
(A) IN GENERAL.—In fiscal year 2002 and each subse-
quent fiscal year, the Secretary shall use updated data on the number of children, aged 5 to 17, inclusive, from fami- lies below the poverty level for counties or local edu- cational agencies, published by the Department of Com- merce, unless the Secretary and the Secretary of Com- merce determine that the use of the updated population data would be inappropriate or unreliable. If appropriate and reliable data are not available annually, the Secretary shall use data which are updated every 2 years.
(B) INAPPROPRIATE OR UNRELIABLE DATA.—If the Sec- retary and the Secretary of Commerce determine that some or all of the data referred to in subparagraph (A) are inappropriate or unreliable, the Secretary and the Sec- retary of Commerce shall publicly disclose their reasons.
(C) CRITERIA OF POVERTY.—In determining the fami- lies that are below the poverty level, the Secretary shall
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87 ESEA OF 1965 Sec. 1124
use the criteria of poverty used by the Bureau of the Cen- sus in compiling the most recent decennial census, as the criteria have been updated by increases in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics.
(4) OTHER CHILDREN TO BE COUNTED.—
(A) For the purpose of this section, the Secretary shall
determine the number of children aged 5 to 17, inclusive, from families above the poverty level on the basis of the number of such children from families receiving an annual income, in excess of the current criteria of poverty, from payments under a State program funded under part A of title IV of the Social Security Act; and in making such de- terminations, the Secretary shall use the criteria of pov- erty used by the Bureau of the Census in compiling the most recent decennial census for a family of four in such form as those criteria have been updated by increases in the Consumer Price Index for All Urban Consumers, pub- lished by the Bureau of Labor Statistics.
(B) The Secretary shall determine the number of such children and the number of children aged 5 through 17 liv- ing in institutions for neglected or delinquent children, or being supported in foster homes with public funds, on the basis of the caseload data for the month of October of the preceding fiscal year (using, in the case of children de- scribed in the preceding sentence, the criteria of poverty and the form of such criteria required by such sentence which were determined for the calendar year preceding such month of October) or, to the extent that such data are not available to the Secretary before January of the cal- endar year in which the Secretary’s determination is made, then on the basis of the most recent reliable data available to the Secretary at the time of such determina- tion.
(C) Except for the data on children living in institu- tions for neglected or delinquent children, the Secretary of Health and Human Services shall collect and transmit the information required by this subparagraph to the Sec- retary not later than January 1 of each year.
(D) For the purpose of this section, the Secretary shall consider all children who are in correctional institutions to be living in institutions for delinquent children.
(5) ESTIMATE.—When requested by the Secretary, the Sec-
retary of Commerce shall make a special updated estimate of the number of children of such ages who are from families below the poverty level (as determined under paragraph (1)(A)) in each school district, and the Secretary is authorized to pay (either in advance or by way of reimbursement) the Secretary of Commerce the cost of making this special estimate. The Sec- retary of Commerce shall give consideration to any request of the chief executive of a State for the collection of additional census information.
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Sec. 1124A ESEA OF 1965 88
(d) STATE MINIMUM.—Notwithstanding section 1122, the aggre- gate amount allotted for all local educational agencies within a State may not be less than the lesser of—
(1) 0.25 percent of the total amount allocated to States under this section for fiscal year 2001, plus 0.35 percent of the total amount allocated to States under this section in excess of the amount allocated for fiscal year 2001; or
(2) the average of—
(A) the amount calculated in paragraph (1), above; and (B) the number of children in such State counted
under subsection (c) in the fiscal year multiplied by 150 percent of the national average per-pupil payment made with funds available under this section for that year.
SEC. 1124A. ø20 U.S.C. 6334¿ CONCENTRATION GRANTS TO LOCAL EDU- CATIONAL AGENCIES.
(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS.—
(1) IN GENERAL.—(A) Except as otherwise provided in this
paragraph, each local educational agency which is eligible for a grant under section 1124 for any fiscal year is eligible for an additional grant under this section for that fiscal year if the number of children counted under section 1124(c) in the agency exceeds either—
(i) 6,500; or
(ii) 15 percent of the total number of children aged 5 through 17 in the agency.
(B) Notwithstanding section 1122, no State shall receive
less than the lesser of—
(i) 0.25 percent of the total amount allocated to States
under this section for fiscal year 2001, plus 0.35 percent of the total amount allocated to States under this section in excess of the amount allocated for fiscal year 2001; or
(ii) the average of—
(I) the amount calculated under clause (i); and (II) the greater of—
(aa) $340,000; or
(bb) the number of children in such State counted for purposes of this section in that fiscal year multiplied by 150 percent of the national av- erage per-pupil payment made with funds avail- able under this section for that year.
(2) DETERMINATION.—For each county or local educational agency eligible to receive an additional grant under this section for any fiscal year, the Secretary shall determine the product of—
(A) the number of children counted under section 1124(c) for that fiscal year; and
(B) the amount in section 1124(a)(1)(B) for each State except the Commonwealth of Puerto Rico, and the amount in section 1124(a)(4) for the Commonwealth of Puerto Rico. (3) AMOUNT.—The amount of the additional grant for
which an eligible local educational agency or county is eligible under this section for any fiscal year shall be an amount which bears the same ratio to the amount available to carry out this section for that fiscal year as the product determined under
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89 ESEA OF 1965 Sec. 1125
paragraph (2) for such local educational agency for that fiscal year bears to the sum of such products for all local educational agencies in the United States for that fiscal year.
(4) LOCAL ALLOCATIONS.—(A) Grant amounts under this section shall be determined in accordance with section 1124(a)(2), (3), and (4).
(B) For any fiscal year for which the Secretary allocates funds under this section on the basis of counties, a State may reserve not more than 2 percent of its allocation under this sec- tion to make grants to local educational agencies that meet the criteria of paragraph (1)(A)(i) or (ii) and are in ineligible coun- ties that do not meet these criteria.
(b) SMALL STATES.—In any State for which on the date of en-
actment of the No Child Left Behind Act of 2001 the number of children counted under section 1124(c) is less than 0.25 percent of the number of those children counted for all States, the State edu- cational agency shall allocate funds under this section among the local educational agencies in the State either—
(1) in accordance with paragraphs (2) and (4) of subsection (a); or
(2) based on their respective concentrations and numbers of children counted under section 1124(c), except that only those local educational agencies with concentrations or num- bers of children counted under section 1124(c) that exceed the statewide average percentage of such children or the statewide average number of such children shall receive any funds on the basis of this paragraph.
SEC. 1125. ø20 U.S.C. 6335¿ TARGETED GRANTS TO LOCAL EDU- CATIONAL AGENCIES.
(a) ELIGIBILITY OF LOCAL EDUCATIONAL AGENCIES.—
(1) IN GENERAL.—A local educational agency in a State is eligible to receive a targeted grant under this section for any
fiscal year if—
(A) the number of children in the local educational
agency counted under section 1124(c), before application of the weighted child count described in subsection (c), is at least 10; and
(B) if the number of children counted for grants under section 1124(c), before application of the weighted child count described in subsection (c), is at least 5 percent of the total number of children aged 5 to 17 years, inclusive, in the school district of the local educational agency.
(2) SPECIAL RULE.—For any fiscal year for which the Sec-
retary allocates funds under this section on the basis of coun- ties, funds made available as a result of applying this sub- section shall be reallocated by the State educational agency to other eligible local educational agencies in the State in propor- tion to the distribution of other funds under this section.
(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES, THE DISTRICT OF COLUMBIA, AND THE COMMONWEALTH OF PUERTO RICO.—
(1) IN GENERAL.—The amount of the grant that a local educational agency in a State (other than the Commonwealth of Puerto Rico) is eligible to receive under this section for any fiscal year shall be the product of—
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Sec. 1125
ESEA OF 1965 90
(A) the weighted child count determined under sub- section (c); and
(B) the amount determined under section 1124(a)(1)(B).
(2) PUERTO RICO.—For each fiscal year, the amount of the grant the Commonwealth of Puerto Rico is eligible to receive under this section shall be equal to the number of children counted under subsection (c) for the Commonwealth of Puerto Rico, multiplied by the amount determined in section 1124(a)(4) for the Commonwealth of Puerto Rico.
(c) WEIGHTED CHILD COUNT.—
(1) WEIGHTS FOR ALLOCATIONS TO COUNTIES.—
(A) IN GENERAL.—For each fiscal year for which the Secretary uses county population data to calculate grants, the weighted child count used to determine a county’s allo- cation under this section is the larger of the two amounts
determined under subparagraphs (B) and (C).
(B) BY PERCENTAGE OF CHILDREN.—The amount re-
ferred to in subparagraph (A) is determined by adding—
(i) the number of children determined under sec- tion 1124(c) for that county who constitute not more than 15.00 percent, inclusive, of the county’s total pop-
ulation aged 5 to 17, inclusive, multiplied by 1.0;
(ii) the number of such children who constitute more than 15.00 percent, but not more than 19.00 per-
cent, of such population, multiplied by 1.75;
(iii) the number of such children who constitute more than 19.00 percent, but not more than 24.20 per-
cent, of such population, multiplied by 2.5;
(iv) the number of such children who constitute more than 24.20 percent, but not more than 29.20 per-
cent, of such population, multiplied by 3.25; and
(v) the number of such children who constitute more than 29.20 percent of such population, multiplied
by 4.0.
(C) BY NUMBER OF CHILDREN.—The amount referred to in subparagraph (A) is determined by adding—
(i) the number of children determined under sec- tion 1124(c) who constitute not more than 2,311, inclu- sive, of the county’s total population aged 5 to 17, in- clusive, multiplied by 1.0;
(ii) the number of such children between 2,312 and 7,913, inclusive, in such population, multiplied by 1.5;
(iii) the number of such children between 7,914 and 23,917, inclusive, in such population, multiplied by 2.0;
(iv) the number of such children between 23,918 and 93,810, inclusive, in such population, multiplied by 2.5; and
(v) the number of such children in excess of 93,811 in such population, multiplied by 3.0.
(D) PUERTO RICO.—Notwithstanding subparagraph (A),
the weighting factor for the Commonwealth of Puerto Rico
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91 ESEA OF 1965 Sec. 1125
under this paragraph shall not be greater than the total number of children counted under section 1124(c) multi- plied by 1.82.
(2) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL
AGENCIES.—
(A) IN GENERAL.—For each fiscal year for which the
Secretary uses local educational agency data, the weighted child count used to determine a local educational agency’s grant under this section is the larger of the two amounts determined under subparagraphs (B) and (C).
(B) BY PERCENTAGE OF CHILDREN.—The amount re- ferred to in subparagraph (A) is determined by adding—
(i) the number of children determined under sec- tion 1124(c) for that local educational agency who con- stitute not more than 15.58 percent, inclusive, of the agency’s total population aged 5 to 17, inclusive, mul- tiplied by 1.0;
(ii) the number of such children who constitute more than 15.58 percent, but not more than 22.11 per- cent, of such population, multiplied by 1.75;
(iii) the number of such children who constitute more than 22.11 percent, but not more than 30.16 per- cent, of such population, multiplied by 2.5;
(iv) the number of such children who constitute more than 30.16 percent, but not more than 38.24 per- cent, of such population, multiplied by 3.25; and
(v) the number of such children who constitute more than 38.24 percent of such population, multiplied by 4.0.
(C) BY NUMBER OF CHILDREN.—The amount referred to
in subparagraph (A) is determined by adding—
(i) the number of children determined under sec- tion 1124(c) who constitute not more than 691, inclu- sive, of the agency’s total population aged 5 to 17, in-
clusive, multiplied by 1.0;
(ii) the number of such children between 692 and
2,262, inclusive, in such population, multiplied by 1.5; (iii) the number of such children between 2,263 and 7,851, inclusive, in such population, multiplied by
2.0;
(iv) the number of such children between 7,852
and 35,514, inclusive, in such population, multiplied by 2.5; and
(v) the number of such children in excess of 35,514 in such population, multiplied by 3.0.
(D) PUERTO RICO.—Notwithstanding subparagraph (A),
the weighting factor for the Commonwealth of Puerto Rico under this paragraph shall not be greater than the total number of children counted under section 1124(c) multi- plied by 1.82.
(d) CALCULATION OF GRANT AMOUNTS.—Grant amounts under this section shall be calculated in the same manner as grant amounts are calculated under section 1124(a)(2) and (3).
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Sec. 1125AA ESEA OF 1965 92
(e) STATE MINIMUM.—Notwithstanding any other provision of this section or section 1122, from the total amount available for any fiscal year to carry out this section, each State shall be allotted at least the lesser of—
(1) 0.35 percent of the total amount available to carry out this section; or
(2) the average of—
(A) 0.35 percent of the total amount available to carry
out this section; and
(B) 150 percent of the national average grant under
this section per child described in section 1124(c), without application of a weighting factor, multiplied by the State’s total number of children described in section 1124(c), with- out application of a weighting factor.
SEC. 1125AA. ø20 U.S.C. 6336¿ ADEQUACY OF FUNDING TO LOCAL EDU- CATIONAL AGENCIES IN FISCAL YEARS AFTER FISCAL YEAR 2001. 3
Pursuant to section 1122, the total amount allocated in any fis- cal year after fiscal year 2001 for programs and activities under this part shall not exceed the amount allocated in fiscal year 2001 for such programs and activities unless the amount available for targeted grants to local educational agencies under section 1125 in the applicable fiscal year meets the requirements of section 1122(a).
SEC. 1125A. ø20 U.S.C. 6337¿ EDUCATION FINANCE INCENTIVE GRANT PROGRAM.
(a) GRANTS.—From funds made available under section 1122(a) the Secretary is authorized to make grants to States, from allot- ments under subsection (b), to carry out the programs and activi- ties of this part.
(b) DISTRIBUTION BASED UPON FISCAL EFFORT AND EQUITY.— (1) IN GENERAL.—
(A) IN GENERAL.—Except as provided in subparagraph (B), funds made available for any fiscal year to carry out this section shall be allotted to each State based upon the number of children counted under section 1124(c) in such State multiplied by the product of—
(i) the amount in section 1124(a)(1)(B) for all States other than the Commonwealth of Puerto Rico, except that the amount determined under that sub- paragraph shall not be less that 34 percent or more than 46 percent of the average per pupil expenditure in the United States, and the amount in section 1124(a)(4) for the Commonwealth of Puerto Rico, ex- cept that the amount in section 1124(a)(4)(A)(ii) shall be 34 percent of the average per pupil expenditure in the United States; multiplied by
(ii) such State’s effort factor described in para- graph (2); multiplied by
3 Section 1016 of Public Law 114–95 provides for an amendment to section 1125AA. The cas- ing of the matter inserted in the section heading is not OLC style, however, is reflected here in the correct style and casing. The amendment also included a point dash with the word ‘‘Pur- suant’’ run in to the heading which is not reflected here.
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93 ESEA OF 1965 Sec. 1125A
(iii) 1.30 minus such State’s equity factor de- scribed in paragraph (3).
(B) STATE MINIMUM.—Notwithstanding any other pro-
vision of this section or section 1122, from the total amount available for any fiscal year to carry out this sec- tion, each State shall be allotted at least the lesser of—
(i) 0.35 percent of the total amount reserved under section 1122(a) to carry out this section; or
(ii) the average of—
(I) 0.35 percent of the total amount available
to carry out this section; and
(II) 150 percent of the national average grant
under this section per child described in section 1124(c), without application of a weighting factor, multiplied by the State’s total number of children described in section 1124(c), without application of a weighting factor.
(2) EFFORT FACTOR.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the effort factor for a State shall be determined in ac- cordance with the succeeding sentence, except that such factor shall not be less than 0.95 nor greater than 1.05. The effort factor determined under this sentence shall be a fraction the numerator of which is the product of the 3- year average per-pupil expenditure in the State multiplied by the 3-year average per capita income in the United States and the denominator of which is the product of the 3-year average per capita income in such State multiplied by the 3-year average per-pupil expenditure in the United States.
(B) COMMONWEALTH OF PUERTO RICO.—The effort fac- tor for the Commonwealth of Puerto Rico shall be equal to the lowest effort factor calculated under subparagraph (A) for any State.
(3) EQUITY FACTOR.—
(A) DETERMINATION.—
(i) IN GENERAL.—Except as provided in subpara-
graph (B), the Secretary shall determine the equity factor under this section for each State in accordance with clause (ii).
(ii) COMPUTATION.—
(I) IN GENERAL.—For each State, the Sec-
retary shall compute a weighted coefficient of var- iation for the per-pupil expenditures of local edu- cational agencies in accordance with subclauses (II), (III), and (IV).
(II) VARIATION.—In computing coefficients of variation, the Secretary shall weigh the variation between per-pupil expenditures in each local edu- cational agency and the average per-pupil expend- itures in the State according to the number of pu- pils served by the local educational agency.
(III) NUMBER OF PUPILS.—In determining the number of pupils under this paragraph served by
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Sec. 1125A
ESEA OF 1965 94
each local educational agency and in each State, the Secretary shall multiply the number of chil- dren counted under section 1124(c) by a factor of 1.4.
(IV) ENROLLMENT REQUIREMENT.—In com- puting coefficients of variation, the Secretary shall include only those local educational agencies with an enrollment of more than 200 students.
February 1, 2023
(B) SPECIAL RULE.—The equity factor for a State that meets the disparity standard described in section 222.162 of title 34, Code of Federal Regulations (as such section was in effect on the day preceding the date of enactment of the No Child Left Behind Act of 2001) or a State with only one local educational agency shall be not greater than 0.10.
(c) USE OF FUNDS; ELIGIBILITY OF LOCAL EDUCATIONAL AGEN- CIES.—All funds awarded to each State under this section shall be allocated to local educational agencies under the following provi- sions. Within local educational agencies, funds allocated under this section shall be distributed to schools on a basis consistent with section 1113, and may only be used to carry out activities under this part. A local educational agency in a State is eligible to receive a targeted grant under this section for any fiscal year if—
(1) the number of children in the local educational agency counted under section 1124(c), before application of the weight- ed child count described in paragraph (3), is at least 10; and
(2) if the number of children counted for grants under sec- tion 1124(c), before application of the weighted child count de- scribed in paragraph (3), is at least 5 percent of the total num- ber of children aged 5 to 17 years, inclusive, in the school dis- trict of the local educational agency.
For any fiscal year for which the Secretary allocates funds under this section on the basis of counties, funds made available as a re- sult of applying this subsection shall be reallocated by the State educational agency to other eligible local educational agencies in the State in proportion to the distribution of other funds under this section.
(d) ALLOCATION OF FUNDS TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—Funds received by States under this section shall be allocated within States to eligible local educational agencies on the basis of weighted child counts calculated in accordance with para- graph (1), (2), or (3), as appropriate for each State.
(1) STATES WITH AN EQUITY FACTOR LESS THAN.10.—In States with an equity factor less than .10, the weighted child counts referred to in subsection (d) shall be calculated as fol- lows:
(A) WEIGHTS FOR ALLOCATIONS TO COUNTIES.—
(i) IN GENERAL.—For each fiscal year for which the Secretary uses county population data to calculate grants, the weighted child count used to determine a county’s allocation under this section is the larger of the two amounts determined under clauses (ii) and
(iii).
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95 ESEA OF 1965 Sec. 1125A
(ii) BY PERCENTAGE OF CHILDREN.—The amount referred to in clause (i) is determined by adding—
(I) the number of children determined under section 1124(c) for that county who constitute not more than 15.00 percent, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(II) the number of such children who con- stitute more than 15.00 percent, but not more than 19.00 percent, of such population, multiplied by 1.75;
(III) the number of such children who con- stitute more than 19.00 percent, but not more than 24.20 percent, of such population, multiplied by 2.5;
(IV) the number of such children who con- stitute more than 24.20 percent, but not more than 29.20 percent, of such population, multiplied by 3.25; and
(V) the number of such children who con- stitute more than 29.20 percent of such popu- lation, multiplied by 4.0.
(iii) BY NUMBER OF CHILDREN.—The amount re-
ferred to in clause (i) is determined by adding
(I) the number of children determined under section 1124(c) who constitute not more than 2,311, inclusive, of the county’s total population
aged 5 to 17, inclusive, multiplied by 1.0;
(II) the number of such children between 2,312 and 7,913, inclusive, in such population,
multiplied by 1.5;
(III) the number of such children between
7,914 and 23,917, inclusive, in such population, multiplied by 2.0;
(IV) the number of such children between 23,918 and 93,810, inclusive, in such population, multiplied by 2.5; and
(V) the number of such children in excess of 93,811 in such population, multiplied by 3.0.
(B) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.—
(i) IN GENERAL.—For each fiscal year for which the Secretary uses local educational agency data, the weighted child count used to determine a local edu- cational agency’s grant under this section is the larger of the two amounts determined under clauses (ii) and (iii).
(ii) BY PERCENTAGE OF CHILDREN.—The amount referred to in clause (i) is determined by adding—
(I) the number of children determined under section 1124(c) for that local educational agency who constitute not more than 15.58 percent, inclu- sive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;
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ESEA OF 1965 96
(II) the number of such children who con- stitute more than 15.58 percent, but not more than 22.11 percent, of such population, multiplied by 1.75;
(III) the number of such children who con- stitute more than 22.11 percent, but not more than 30.16 percent, of such population, multiplied by 2.5;
(IV) the number of such children who con- stitute more than 30.16 percent, but not more than 38.24 percent, of such population, multiplied by 3.25; and
(V) the number of such children who con- stitute more than 38.24 percent of such popu- lation, multiplied by 4.0.
(iii) BY NUMBER OF CHILDREN.—The amount re-
ferred to in clause (i) is determined by adding—
(I) the number of children determined under section 1124(c) who constitute not more than 691, inclusive, of the agency’s total population aged 5
to 17, inclusive, multiplied by 1.0;
(II) the number of such children between 692
and 2,262, inclusive, in such population, multi- plied by 1.5;
(III) the number of such children between 2,263 and 7,851, inclusive, in such population, multiplied by 2.0;
(IV) the number of such children between 7,852 and 35,514, inclusive, in such population, multiplied by 2.5; and
(V) the number of such children in excess of 35,514 in such population, multiplied by 3.0.
(2) STATES WITH AN EQUITY FACTOR GREATER THAN OR EQUAL TO.10 AND LESS THAN.20.—In States with an equity fac- tor greater than or equal to .10 and less than .20, the weighted child counts referred to in subsection (d) shall be calculated as follows:
(A) WEIGHTS FOR ALLOCATIONS TO COUNTIES.—
(i) IN GENERAL.—For each fiscal year for which the Secretary uses county population data to calculate grants, the weighted child count used to determine a county’s allocation under this section is the larger of the two amounts determined under clauses (ii) and
(iii).
(ii) BY PERCENTAGE OF CHILDREN.—The amount
referred to in clause (i) is determined by adding—
(I) the number of children determined under section 1124(c) for that county who constitute not more than 15.00 percent, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied
by 1.0;
(II) the number of such children who con-
stitute more than 15.00 percent, but not more
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97 ESEA OF 1965 Sec. 1125A
than 19.00 percent, of such population, multiplied by 1.5;
(III) the number of such children who con- stitute more than 19.00 percent, but not more than 24.20 percent, of such population, multiplied by 3.0;
(IV) the number of such children who con- stitute more than 24.20 percent, but not more than 29.20 percent, of such population, multiplied by 4.5; and
(V) the number of such children who con- stitute more than 29.20 percent of such popu- lation, multiplied by 6.0.
(iii) BY NUMBER OF CHILDREN.—The amount re-
ferred to in clause (i) is determined by adding—
(I) the number of children determined under section 1124(c) who constitute not more than 2,311, inclusive, of the county’s total population
aged 5 to 17, inclusive, multiplied by 1.0;
(II) the number of such children between 2,312 and 7,913, inclusive, in such population,
multiplied by 1.5;
(III) the number of such children between
7,914 and 23,917, inclusive, in such population, multiplied by 2.25;
(IV) the number of such children between 23,918 and 93,810, inclusive, in such population, multiplied by 3.375; and
(V) the number of such children in excess of 93,811 in such population, multiplied by 4.5.
(B) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.—
(i) IN GENERAL.—For each fiscal year for which the Secretary uses local educational agency data, the weighted child count used to determine a local edu- cational agency’s grant under this section is the larger of the two amounts determined under clauses (ii) and (iii).
(ii) BY PERCENTAGE OF CHILDREN.—The amount referred to in clause (i) is determined by adding—
(I) the number of children determined under section 1124(c) for that local educational agency who constitute not more than 15.58 percent, inclu- sive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(II) the number of such children who con- stitute more than 15.58 percent, but not more than 22.11 percent, of such population, multiplied by 1.5;
(III) the number of such children who con- stitute more than 22.11 percent, but not more than 30.16 percent, of such population, multiplied by 3.0;
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ESEA OF 1965 98
(IV) the number of such children who con- stitute more than 30.16 percent, but not more than 38.24 percent, of such population, multiplied by 4.5; and
(V) the number of such children who con- stitute more than 38.24 percent of such popu- lation, multiplied by 6.0.
(iii) BY NUMBER OF CHILDREN.—The amount re-
ferred to in clause (i) is determined by adding—
(I) the number of children determined under section 1124(c) who constitute not more than 691, inclusive, of the agency’s total population aged 5
to 17, inclusive, multiplied by 1.0;
(II) the number of such children between 692
and 2,262, inclusive, in such population, multi- plied by 1.5;
(III) the number of such children between 2,263 and 7,851, inclusive, in such population, multiplied by 2.25;
(IV) the number of such children between 7,852 and 35,514, inclusive, in such population, multiplied by 3.375; and
(V) the number of such children in excess of 35,514 in such population, multiplied by 4.5.
(3) STATES WITH AN EQUITY FACTOR GREATER THAN OR EQUAL TO.20.—In States with an equity factor greater than or equal to .20, the weighted child counts referred to in subsection (d) shall be calculated as follows:
(A) WEIGHTS FOR ALLOCATIONS TO COUNTIES.—
(i) IN GENERAL.—For each fiscal year for which the Secretary uses county population data to calculate grants, the weighted child count used to determine a county’s allocation under this section is the larger of the two amounts determined under clauses (ii) and
(iii).
(ii) BY PERCENTAGE OF CHILDREN.—The amount
referred to in clause (i) is determined by adding—
(I) the number of children determined under section 1124(c) for that county who constitute not more than 15.00 percent, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied
by 1.0;
(II) the number of such children who con-
stitute more than 15.00 percent, but not more than 19.00 percent, of such population, multiplied by 2.0;
(III) the number of such children who con- stitute more than 19.00 percent, but not more than 24.20 percent, of such population, multiplied by 4.0;
(IV) the number of such children who con- stitute more than 24.20 percent, but not more than 29.20 percent, of such population, multiplied by 6.0; and
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99 ESEA OF 1965 Sec. 1125A
(V) the number of such children who con- stitute more than 29.20 percent of such popu- lation, multiplied by 8.0.
(iii) BY NUMBER OF CHILDREN.—The amount re-
ferred to in clause (i) is determined by adding—
(I) the number of children determined under section 1124(c) who constitute not more than 2,311, inclusive, of the county’s total population
aged 5 to 17, inclusive, multiplied by 1.0;
(II) the number of such children between 2,312 and 7,913, inclusive, in such population,
multiplied by 2.0;
(III) the number of such children between
7,914 and 23,917, inclusive, in such population, multiplied by 3.0;
(IV) the number of such children between 23,918 and 93,810, inclusive, in such population, multiplied by 4.5; and
(V) the number of such children in excess of 93,811 in such population, multiplied by 6.0.
(B) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.—
(i) IN GENERAL.—For each fiscal year for which the Secretary uses local educational agency data, the weighted child count used to determine a local edu- cational agency’s grant under this section is the larger of the two amounts determined under clauses (ii) and (iii).
(ii) BY PERCENTAGE OF CHILDREN.—The amount referred to in clause (i) is determined by adding—
(I) the number of children determined under section 1124(c) for that local educational agency who constitute not more than 15.58 percent, inclu- sive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(II) the number of such children who con- stitute more than 15.58 percent, but not more than 22.11 percent, of such population, multiplied by 2.0;
(III) the number of such children who con- stitute more than 22.11 percent, but not more than 30.16 percent, of such population, multiplied by 4.0;
(IV) the number of such children who con- stitute more than 30.16 percent, but not more than 38.24 percent, of such population, multiplied by 6.0; and
(V) the number of such children who con- stitute more than 38.24 percent of such popu- lation, multiplied by 8.0.
(iii) BY NUMBER OF CHILDREN.—The amount re-
ferred to in clause (i) is determined by adding—
(I) the number of children determined under section 1124(c) who constitute not more than 691,
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ESEA OF 1965 100
inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(II) the number of such children between 692 and 2,262, inclusive, in such population, multi- plied by 2.0;
(III) the number of such children between 2,263 and 7,851, inclusive, in such population, multiplied by 3.0;
(IV) the number of such children between 7,852 and 35,514, inclusive, in such population, multiplied by 4.5; and
(V) the number of such children in excess of 35,514 in such population, multiplied by 6.0.
(e) MAINTENANCE OF EFFORT.—
(1) IN GENERAL.—A State is entitled to receive its full al-
lotment of funds under this section for any fiscal year if the Secretary finds that the State’s fiscal effort per student or the aggregate expenditures of the State with respect to the provi- sion of free public education by the State for the preceding fis- cal year was not less than 90 percent of the fiscal effort or ag- gregate expenditures for the second preceding fiscal year, sub- ject to the requirements of paragraph (2).
(2) REDUCTION IN CASE OF FAILURE TO MEET.—
(A) IN GENERAL.—The Secretary shall reduce the amount of the allotment of funds under this section for any fiscal year in the exact proportion by which a State fails to meet the requirement of paragraph (1) by falling below 90 percent of both the fiscal effort per student and aggre- gate expenditures (using the measure most favorable to the State), if such State has also failed to meet such re- quirement (as determined using the measure most favor- able to the State) for 1 or more of the 5 immediately pre-
ceding fiscal years.
(B) SPECIAL RULE.—No such lesser amount shall be
used for computing the effort required under paragraph (1) for subsequent years.
(3) WAIVER.—The Secretary may waive the requirements
of this subsection if the Secretary determines that a waiver would be equitable due to—
(A) exceptional or uncontrollable circumstances, such as a natural disaster or a change in the organizational structure of the State; or
(B) a precipitous decline in the financial resources of the State.
(f) ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS.— (1) IN GENERAL.—If the sums available under this section for any fiscal year are insufficient to pay the full amounts that all local educational agencies in States are eligible to receive to carry out this section for such year, the Secretary shall rat- ably reduce the allocations to such local educational agencies,
subject to paragraphs (2) and (3).
(2) ADDITIONAL FUNDS.—If additional funds become avail-
able for making payments under this section for such fiscal
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101 ESEA OF 1965 Sec. 1126
year, allocations that were reduced under paragraph (1) shall be increased on the same basis as they were reduced.
(3) HOLD-HARMLESS AMOUNTS.—For each fiscal year, if suf- ficient funds are available, the amount made available to each local educational agency under this section shall be—
(A) not less than 95 percent of the amount made avail- able for the preceding fiscal year if the number of children counted for grants under section 1124 is not less than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the local educational agency;
(B) not less than 90 percent of the amount made avail- able for the preceding fiscal year if the percentage de- scribed in subparagraph (A) is between 15 percent and 30 percent; and
(C) not less than 85 percent of the amount made avail- able for the preceding fiscal year if the percentage de- scribed in subparagraph (A) is below 15 percent.
(4) APPLICABILITY.—Notwithstanding any other provision
of law, the Secretary shall not take into consideration the hold- harmless provisions of this subsection for any fiscal year for purposes of calculating State or local allocations for the fiscal year under any program administered by the Secretary other than a program authorized under this part.
SEC. 1126. ø20 U.S.C. 6338¿ SPECIAL ALLOCATION PROCEDURES. (a) ALLOCATIONS FOR NEGLECTED CHILDREN.—
(1) IN GENERAL.—If a State educational agency determines that a local educational agency in the State is unable or un- willing to provide for the special educational needs of children who are living in institutions for neglected children as de- scribed in section 1124(c)(1)(B), the State educational agency shall, if such agency assumes responsibility for the special edu- cational needs of such children, receive the portion of such local educational agency’s allocation under sections 1124, 1124A, 1125, and 1125A that is attributable to such children.
(2) SPECIAL RULE.—If the State educational agency does not assume such responsibility, any other State or local public agency that does assume such responsibility shall receive that portion of the local educational agency’s allocation.
(b) ALLOCATIONS AMONG LOCAL EDUCATIONAL AGENCIES.—The
State educational agency may allocate the amounts of grants under sections 1124, 1124A, 1125, and 1125A among the affected local educational agencies—
(1) if two or more local educational agencies serve, in whole or in part, the same geographical area;
(2) if a local educational agency provides free public edu- cation for children who reside in the school district of another local educational agency; or
(3) to reflect the merger, creation, or change of boundaries of one or more local educational agencies.
(c) REALLOCATION.—If a State educational agency determines
that the amount of a grant a local educational agency would re- ceive under sections 1124, 1124A, 1125, and 1125A is more than such local educational agency will use, the State educational agen-
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Sec. 1127 ESEA OF 1965 102
cy shall make the excess amount available to other local edu- cational agencies in the State that need additional funds in accord- ance with criteria established by the State educational agency.
SEC. 1127. ø20 U.S.C. 6339¿ CARRYOVER AND WAIVER.
(a) LIMITATION ON CARRYOVER.—Notwithstanding section
421(b) of the General Education Provisions Act or any other provi- sion of law, not more than 15 percent of the funds allocated to a local educational agency for any fiscal year under this subpart (but not including funds received through any reallocation under this subpart) may remain available for obligation by such agency for one additional fiscal year.
(b) WAIVER.—A State educational agency may, once every 3 years, waive the percentage limitation in subsection (a) if—
(1) the agency determines that the request of a local edu- cational agency is reasonable and necessary; or
(2) supplemental appropriations for this subpart become available.
(c) EXCLUSION.—The percentage limitation under subsection (a) shall not apply to any local educational agency that receives less than $50,000 under this subpart for any fiscal year.
PART B—STATE ASSESSMENT GRANTS
SEC. 1201. ø20 U.S.C. 6361¿ GRANTS FOR STATE ASSESSMENTS AND RE- LATED ACTIVITIES.
(a) GRANTS AUTHORIZED.—From amounts made available in ac- cordance with section 1203, the Secretary shall make grants to State educational agencies to enable the States to carry out 1 or more of the following:
(1) To pay the costs of the development of the State assess- ments and standards adopted under section 1111(b), which may include the costs of working in voluntary partnerships with other States, at the sole discretion of each such State.
(2) If a State has developed the assessments adopted under section 1111(b), to administer those assessments or to carry out other assessment activities described in this part, such as the following:
(A) Ensuring the provision of appropriate accommoda- tions available to English learners and children with dis- abilities to improve the rates of inclusion in regular assess- ments of such children, including professional development activities to improve the implementation of such accom- modations in instructional practice.
(B) Developing challenging State academic standards and aligned assessments in academic subjects for which standards and assessments are not required under section 1111(b).
(C) Developing or improving assessments for English learners, including assessments of English language pro- ficiency as required under section 1111(b)(2)(G) and aca- demic assessments in languages other than English to meet the State’s obligations under section 1111(b)(2)(F).
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103 ESEA OF 1965 Sec. 1201
(D) Ensuring the continued validity and reliability of State assessments.
(E) Refining State assessments to ensure their contin- ued alignment with the challenging State academic stand- ards and to improve the alignment of curricula and in- structional materials.
(F) Developing or improving balanced assessment sys- tems that include summative, interim, and formative as- sessments, including supporting local educational agencies in developing or improving such assessments.
(G) At the discretion of the State, refining science as- sessments required under section 1111(b)(2) in order to in- tegrate engineering design skills and practices into such assessments.
(H) Developing or improving models to measure and assess student progress or student growth on State assess- ments under section 1111(b)(2) and other assessments not required under section 1111(b)(2).
(I) Developing or improving assessments for children with disabilities, including alternate assessments aligned to alternate academic achievement standards for students with the most significant cognitive disabilities described in section 1111(b)(2)(D), and using the principles of universal design for learning.
(J) Allowing for collaboration with institutions of high- er education, other research institutions, or other organi- zations to improve the quality, validity, and reliability of State academic assessments beyond the requirements for such assessments described in section 1111(b)(2).
(K) Measuring student academic achievement using multiple measures of student academic achievement from multiple sources.
(L) Evaluating student academic achievement through the development of comprehensive academic assessment instruments (such as performance and technology-based academic assessments, computer adaptive assessments, projects, or extended performance task assessments) that emphasize the mastery of standards and aligned com- petencies in a competency-based education model.
(M) Designing the report cards and reports under sec- tion 1111(h) in an easily accessible, user friendly-manner that cross-tabulates student information by any category the State determines appropriate, as long as such cross- tabulation—
(i) does not reveal personally identifiable informa- tion about an individual student; and
(ii) is derived from existing State and local report- ing requirements.
(b) RULE OF CONSTRUCTION.—Nothing in subsection (a)(2)(M) shall be construed as authorizing, requiring, or allowing any addi- tional reporting requirements, data elements, or information to be reported to the Secretary unless such reporting, data, or informa- tion is explicitly authorized under this Act.
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Sec. 1202 ESEA OF 1965 104
(c) ANNUAL REPORT.—Each State educational agency receiving a grant under this section shall submit an annual report to the Secretary describing the State’s activities under the grant and the result of such activities.
SEC. 1202. ø20 U.S.C. 6362¿ STATE OPTION TO CONDUCT ASSESSMENT SYSTEM AUDIT.
(a) IN GENERAL.—From the amount reserved under section 1203(a)(3) for a fiscal year, the Secretary shall make grants to States to enable the States to—
(1) in the case of a grant awarded under this section to a State for the first time—
(A) audit State assessment systems and ensure that local educational agencies audit local assessments under subsection (e)(1);
(B) execute the State plan under subsection (e)(3)(D); and
(C) award subgrants under subsection (f); and
(2) in the case of a grant awarded under this section to a State that has previously received a grant under this section— (A) execute the State plan under subsection (e)(3)(D);
and
(B) award subgrants under subsection (f).
(b) MINIMUM AMOUNT.—Each State that receives a grant under this section shall receive an annual grant amount of not less than $1,500,000.
(c) REALLOCATION.—If a State chooses not to apply for a grant under this section, the Secretary shall reallocate such grant amount to other States in accordance with the formula described in section 1203(a)(4)(B).
(d) APPLICATION.—A State desiring to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary shall require. The appli- cation shall include a description of—
(1) in the case of a State that is receiving a grant under this section for the first time—
(A) the audit the State will carry out under subsection (e)(1); and
(B) the stakeholder feedback the State will seek in de- signing such audit;
(2) in the case of a State that is not receiving a grant
under this section for the first time, the plan described in sub- section (e)(3)(D); and
(3) how the State will award subgrants to local educational agencies under subsection (f).
(e) AUDITS OF STATE ASSESSMENT SYSTEMS AND LOCAL ASSESS-
MENTS.—
(1) AUDIT REQUIREMENTS.—Not later than 1 year after the
date a State receives an initial grant under this section, the State shall—
(A) conduct a State assessment system audit as de- scribed in paragraph (3);
(B) ensure that each local educational agency receiving funds under this section—
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105 ESEA OF 1965 Sec. 1202
(i) conducts an audit of local assessments adminis- tered by the local educational agency as described in paragraph (4); and
(ii) submits the results of such audit to the State; and
(C) report the results of each State and local edu- cational agency audit conducted under subparagraphs (A) and (B), in a format that is widely accessible and publicly available.
(2) RESOURCES FOR LOCAL EDUCATIONAL AGENCIES.—In
carrying out paragraph (1)(B), each State shall provide local educational agencies with resources, such as guidelines and protocols, to assist in conducting and reporting audit results.
(3) STATE ASSESSMENT SYSTEM DESCRIPTION.—Each State assessment system audit conducted under paragraph (1)(A) shall include—
(A) the schedule for the administration of all State as- sessments;
(B) for each State assessment—
(i) the purpose for which the assessment was de-
signed and the purpose for which the assessment is used; and
(ii) the legal authority for the administration of the assessment;
(C) feedback on such system from stakeholders, which shall include information such as—
(i) how teachers, principals, other school leaders, and administrators use assessment data to improve and differentiate instruction;
(ii) the timing of release of assessment data;
(iii) the extent to which assessment data is pre- sented in an accessible and understandable format for all stakeholders;
(iv) the opportunities, resources, and training teachers, principals, other school leaders, and adminis- trators are given to review assessment results and make effective use of assessment data;
(v) the distribution of technological resources and personnel necessary to administer assessments;
(vi) the amount of time teachers spend on assess- ment preparation and administration;
(vii) the assessments that administrators, teach- ers, principals, other school leaders, parents, and stu- dents, if appropriate, do and do not find useful; and
(viii) other information as appropriate; and
(D) a plan, based on the information gathered as a re- sult of the activities described in subparagraphs (A), (B), and (C), to improve and streamline the State assessment
system, including activities such as—
(i) eliminating any unnecessary assessments,
which may include paying the cost associated with ter- minating procurement contracts;
(ii) supporting the dissemination of best practices from local educational agencies or other States that
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Sec. 1202
ESEA OF 1965 106
have successfully improved assessment quality and ef- ficiency to improve teaching and learning; and
(iii) supporting local educational agencies or con- sortia of local educational agencies to carry out efforts to streamline local assessment systems and implement a regular process of review and evaluation of assess- ment use in local educational agencies.
(4) LOCAL ASSESSMENT DESCRIPTION.—An audit of local as- sessments conducted in accordance with paragraph (1)(B)(i) shall include the same information described in paragraph (3) that is required of a State audit, except that such information shall be included as applicable to the local educational agency and the local assessments.
(f) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—
(1) IN GENERAL.—Each State shall reserve not less than 20 percent of the grant funds awarded to the State under this sec- tion to make subgrants to local educational agencies in the State or consortia of such local educational agencies, based on demonstrated need in the agency’s or consortium’s application, to enable such agencies or consortia to improve assessment quality and use, and alignment, including, if applicable, align-
ment to the challenging State academic standards.
(2) LOCAL EDUCATIONAL AGENCY APPLICATION.—Each local educational agency, or consortium of local educational agencies, seeking a subgrant under this subsection shall submit an ap- plication to the State at such time, in such manner, and con- taining such other information as determined necessary by the State. The application shall include a description of the agen- cy’s or consortium’s needs relating to the improvement of as-
sessment quality, use, and alignment.
(3) USE OF FUNDS.—A subgrant awarded under this sub-
section to a local educational agency or consortium of such agencies may be used to—
(A) conduct an audit of local assessments under sub- section (e)(1)(B)(i);
(B) carry out the plan described in subsection (e)(3)(D) as it pertains to such agency or consortium;
(C) improve assessment delivery systems and sched- ules, including by increasing access to technology and as- sessment proctors, where appropriate;
(D) hire instructional coaches, or promote teachers who may receive increased compensation to serve as in- structional coaches, to support teachers in the develop- ment of classroom-based assessments, interpreting assess- ment data, and designing instruction;
(E) provide for appropriate accommodations to maxi- mize inclusion of children with disabilities and English learners participating in assessments; and
(F) improve the capacity of teachers, principals, and other school leaders to disseminate assessment data in an accessible and understandable format for parents and fam- ilies, including for children with disabilities and English learners.
(g) DEFINITIONS.—In this section:
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107 ESEA OF 1965 Sec. 1203
(1) LOCAL ASSESSMENT.—The term ‘‘local assessment’’ means an academic assessment selected and carried out by a local educational agency that is separate from an assessment required under section 1111(b)(2).
(2) STATE.—The term ‘‘State’’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
SEC. 1203. ø20 U.S.C. 6363¿ ALLOTMENT OF APPROPRIATED FUNDS.
(a) AMOUNTS EQUAL TO OR LESS THAN TRIGGER AMOUNT.— From amounts made available for each fiscal year under subsection 1002(b) that are equal to or less than the amount described in sec-
tion 1111(b)(2)(I), the Secretary shall—
(1) reserve one-half of 1 percent for the Bureau of Indian
Education;
(2) reserve one-half of 1 percent for the outlying areas;
(3) reserve not more than 20 percent to carry out section
1202; and
(4) from the remainder, carry out section 1201 by allo-
cating to each State an amount equal to—
(A) $3,000,000, except for a fiscal year for which the
amounts available are insufficient to allocate such amount to each State, the Secretary shall ratably reduce such amount for each State; and
(B) with respect to any amounts remaining after the allocation under subparagraph (A), an amount that bears the same relationship to such total remaining amounts as the number of students aged 5 through 17 in the State (as determined by the Secretary on the basis of the most re- cent satisfactory data) bears to the total number of such students in all States.
(b) AMOUNTS ABOVE TRIGGER AMOUNT.—For any fiscal year for which the amount made available for a fiscal year under subsection 1002(b) exceeds the amount described in section 1111(b)(2)(I), the Secretary shall make such excess amount available as follows:
(1) COMPETITIVE GRANTS.—
(A) IN GENERAL.—The Secretary shall first use such
funds to award grants, on a competitive basis, to State educational agencies or consortia of State educational agencies that have submitted applications described in subparagraph (B) to enable such States to carry out the ac- tivities described in subparagraphs (C), (H), (I), (J), (K), and (L) of section 1201(a)(2).
(B) APPLICATIONS.—A State, or a consortium of States, that desires a competitive grant under subparagraph (A) shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably re- quire. The application shall demonstrate that the require- ments of this section will be met for the uses of funds de- scribed under subparagraph (A).
(C) AMOUNT OF COMPETITIVE GRANTS.—In determining the amount of a grant under subparagraph (A), the Sec- retary shall ensure that a State or consortium’s grant, as the case may be, shall include an amount that bears the
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Sec. 1204
ESEA OF 1965 108
same relationship to the total funds available to carry out this subsection for the fiscal year as the number of stu- dents aged 5 through 17 in the State, or, in the case of a consortium, in each State that comprises the consortium, (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.
February 1, 2023
(2) ALLOTMENTS.—Any amounts remaining after the Sec- retary awards funds under paragraph (1) shall be allotted to each State, or consortium of States, that did not receive a grant under such paragraph, in an amount that bears the same relationship to the remaining amounts as the number of students aged 5 through 17 in the State, or, in the case of a consortium, in the States of the consortium, (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.
(c) STATE DEFINED.—In this part, the term ‘‘State’’ means each
of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
(d) PROHIBITION.—In making funds available to States under this part, the Secretary shall comply with the prohibitions de- scribed in section 8529.
SEC. 1204. ø20 U.S.C. 6364¿ INNOVATIVE ASSESSMENT AND ACCOUNT- ABILITY DEMONSTRATION AUTHORITY.
(a) INNOVATIVE ASSESSMENT SYSTEM DEFINED.—The term ‘‘in- novative assessment system’’ means a system of assessments that may include—
(1) competency-based assessments, instructionally embed- ded assessments, interim assessments, cumulative year-end as- sessments, or performance-based assessments that combine into an annual summative determination for a student, which may be administered through computer adaptive assessments; and
(2) assessments that validate when students are ready to demonstrate mastery or proficiency and allow for differentiated student support based on individual learning needs.
(b) DEMONSTRATION AUTHORITY.—
(1) IN GENERAL.—The Secretary may provide a State edu- cational agency, or a consortium of State educational agencies, in accordance with paragraph (3), with the authority to estab- lish an innovative assessment system (referred to in this sec- tion as ‘‘demonstration authority’’).
(2) DEMONSTRATION PERIOD.—In accordance with the re- quirements described in subsection (e), each State educational agency, or consortium of State educational agencies, that sub- mits an application under this section shall propose in its ap- plication the period of time over which the State educational agency or consortium desires to exercise the demonstration au- thority, except that such period shall not exceed 5 years.
(3) INITIAL DEMONSTRATION AUTHORITY AND EXPANSION.— During the first 3 years that the Secretary provides State edu- cational agencies and consortia with demonstration authority (referred to in this section as the ‘‘initial demonstration pe-
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109 ESEA OF 1965 Sec. 1204
riod’’) the Secretary shall provide such demonstration authority to—
(A) a total number of not more than 7 participating State educational agencies, including those participating in consortia, that have applications approved under sub- section (e); and
(B) consortia that include not more than 4 State edu- cational agencies.
(c) PROGRESS REPORT.—
(1) IN GENERAL.—Not later than 180 days after the end of
the initial demonstration period, and prior to providing addi- tional State educational agencies with demonstration author- ity, the Director of the Institute of Education Sciences, in con- sultation with the Secretary, shall publish a report detailing the initial progress of innovative assessment systems carried out through demonstration authority under this section.
(2) CRITERIA.—The progress report under paragraph (1) shall be based on the annual information submitted by partici- pating States described in subsection (e)(2)(B)(ix) and examine the extent to which—
(A) with respect to each innovative assessment sys- tem—
(i) the State educational agency has solicited feed- back from teachers, principals, other school leaders, and parents about their satisfaction with the innova- tive assessment system;
(ii) teachers, principals, and other school leaders have demonstrated a commitment and capacity to im- plement or continue to implement the innovative as- sessment system; and
(iii) substantial evidence exists demonstrating that the innovative assessment system has been devel- oped in accordance with the requirements of sub- section (e); and
(B) each State with demonstration authority has dem-
onstrated that—
(i) the same innovative assessment system was
used to measure the achievement of all students that participated in the innovative assessment system; and (ii) of the total number of all students, and the total number of each of the subgroups of students de- fined in section 1111(c)(2), eligible to participate in the innovative assessment system in a given year, the State assessed in that year an equal or greater per- centage of such eligible students, as measured under section 1111(c)(4)(E), as were assessed in the State in such year using the assessment system under section
1111(b)(2).
(3) USE OF REPORT.—Upon completion of the progress re-
port, the Secretary shall provide a response to the findings of the progress report, including a description of how the findings of the report will be used—
(A) to support State educational agencies with dem- onstration authority through technical assistance; and
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Sec. 1204
ESEA OF 1965 110
(B) to inform the peer-review process described in sub- section (f) for advising the Secretary on the awarding of the demonstration authority to the additional State edu- cational agencies described in subsection (d).
(4) PUBLICLY AVAILABLE.—The Secretary shall make the
February 1, 2023
progress report under this subsection and the response de- scribed in paragraph (3) publicly available on the website of the Department.
(5) PROHIBITION.—The Secretary shall not require States that have demonstration authority to submit any information for the purposes of the progress report that is in addition to the information the State is already required to provide under subsection (e)(2)(B)(x).
(d) EXPANSION OF THE DEMONSTRATION AUTHORITY.—Upon
completion and publication of the report described in subsection (c), the Secretary may grant demonstration authority to additional State educational agencies or consortia that submit an application under subsection (e). Such State educational agencies or consortia of State educational agencies shall be subject to all of the same terms, conditions, and requirements of this section.
(e) APPLICATION.—
(1) IN GENERAL.—A State educational agency, or consor-
tium of State educational agencies, that desires to participate in the program of demonstration authority under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require.
(2) CONTENTS.—Such application shall include a descrip- tion of the innovative assessment system, the experience the applicant has in implementing any components of the innova- tive assessment system, and the timeline over which the State or consortium proposes to exercise the demonstration author- ity. In addition, the application shall include each of the fol- lowing:
(A) A demonstration that the innovative assessment system will—
(i) meet all the requirements of section 1111(b)(2)(B), except the requirements of clauses (i) and (v) of such section;
(ii) be aligned to the challenging State academic standards and address the depth and breadth of such standards;
(iii) express student results or student com- petencies in terms consistent with the State’s aligned academic achievement standards under section 1111(b)(1);
(iv) generate results that are valid and reliable, and comparable, for all students and for each sub- group of students described in section 1111(b)(2)(B)(xi), as compared to the results for such students on the State assessments under section 1111(b)(2);
(v) be developed in collaboration with—
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111 ESEA OF 1965 Sec. 1204
(I) stakeholders representing the interests of children with disabilities, English learners, and other vulnerable children;
(II) teachers, principals, and other school leaders;
(III) local educational agencies;
(IV) parents; and
(V) civil rights organizations in the State;
(vi) be accessible to all students, such as by incor- porating the principles of universal design for learn- ing;
(vii) provide teachers, principals, other school leaders, students, and parents with timely data, disaggregated by each subgroup of students described in section 1111(b)(2)(B)(xi), to inform and improve in- structional practice and student supports;
(viii) identify which students are not making progress toward the challenging State academic stand- ards so that teachers can provide instructional support and targeted interventions to all students;
(ix) annually measure the progress of not less than the same percentage of all students and students in each of the subgroups of students, as defined in sec- tion 1111(c)(2), who are enrolled in schools that are participating in the innovative assessment system and are required to take such assessments, as measured under section 1111(c)(4)(E), as were assessed by schools administering the assessment under section 1111(b)(2);
(x) generate an annual, summative achievement determination, based on the aligned State academic achievement standards under section 1111(b)(1) and based on annual data, for each individual student; and
(xi) allow the State educational agency to validly and reliably aggregate data from the innovative as- sessment system for purposes of—
(I) accountability, consistent with the require- ments of section 1111(c); and
(II) reporting, consistent with the require- ments of section 1111(h).
(B) A description of how the State educational will—
(i) continue use of the statewide academic ments required under section 1111(b)(2) if such ments will be used for accountability purposes duration of the demonstration authority period;
(ii) identify the distinct purposes for each
ment that is part of the innovative assessment system; (iii) provide support and training to local edu- cational agency and school staff to implement the in- novative assessment system described in this sub-
section;
(iv) inform parents of students in participating
local educational agencies about the innovative assess-
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ESEA OF 1965 112
ment system at the beginning of each school year dur- ing which the innovative assessment system will be implemented;
(v) engage and support teachers in developing and scoring assessments that are part of the innovative as- sessment system, including through the use of high- quality professional development, standardized and calibrated scoring rubrics, and other strategies, con- sistent with relevant nationally recognized profes- sional and technical standards, to ensure inter-rater reliability and comparability;
(vi) acclimate students to the innovative assess- ment system;
(vii) ensure that students with the most signifi- cant cognitive disabilities may be assessed with alter- nate assessments consistent with section 1111(b)(2)(D);
(viii) if the State is proposing to administer the in- novative assessment system initially in a subset of local educational agencies, scale up the innovative as- sessment system to administer such system statewide, or with additional local educational agencies, in the State’s proposed demonstration authority period;
(ix) gather data, solicit regular feedback from teachers, principals, other school leaders, and parents, and assess the results of each year of the program of demonstration authority under this section, and re- spond by making needed changes to the innovative as- sessment system; and
(x) report data from the innovative assessment system annually to the Secretary, including—
(I) demographics of participating local edu- cational agencies, if such system is not statewide, and additional local educational agencies if added to the system during the course of the State’s demonstration authority period or 2-year exten- sion, except that such data shall not reveal any personally identifiable information, including a de- scription of how the inclusion of additional local educational agencies contributes to progress to- ward achieving high-quality and consistent imple- mentation across demographically diverse local educational agencies throughout the demonstra- tion authority period;
(II) the performance of all participating stu- dents, and for each subgroup of students defined in section 1111(c)(2), on the innovative assess- ment, consistent with the requirements in section 1111(h), except that such data shall not reveal any personally identifiable information;
(III) feedback from teachers, principals, other school leaders, and parents about their satisfac- tion with the innovative assessment system; and
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113 ESEA OF 1965 Sec. 1204
(IV) if such system is not statewide, a descrip- tion of the State’s progress in scaling up the inno- vative assessment system to additional local edu- cational agencies during the State’s demonstration authority period, as described in clause (viii).
(C) A description of the State educational agency’s plan to—
(i) ensure that all students and each of the sub- groups of students defined in section 1111(c)(2) partici- pating in the innovative assessment system receive the instructional support needed to meet State aligned academic achievement standards;
(ii) ensure that each local educational agency has the technological infrastructure to implement the in- novative assessment system; and
(iii) hold all schools in the local educational agen- cies participating in the program of demonstration au- thority accountable for meeting the State’s expecta- tions for student achievement.
(D) If the innovative assessment system will initially
be administered in a subset of local educational agencies— (i) a description of the local educational agencies within the State educational agency that will partici- pate, including what criteria the State has for approv- ing any additional local educational agencies to par-
ticipate during the demonstration authority period;
(ii) assurances from such local educational agen- cies that such agencies will comply with the require-
ments of this subsection;
(iii) a description of how the State will—
(I) ensure that the inclusion of additional local educational agencies contributes to progress toward achieving high-quality and consistent im- plementation across demographically diverse local educational agencies during the demonstration au- thority period; and
(II) ensure that the participating local edu- cational agencies, as a group, will be demographi- cally similar to the State as a whole by the end of the State’s demonstration authority period; and (iv) a description of the State educational agency’s
plan to hold all students and each of the subgroups of students, as defined in section 1111(c)(2), to the same high standard as other students in the State.
(f) PEER REVIEW.—The Secretary shall—
(1) implement a peer-review process to inform—
(A) the awarding of demonstration authority under this section and the approval to operate an innovative as- sessment system for the purposes of subsections (b)(2) and (c) of section 1111, as described in subsection (h); and
(B) determinations about whether an innovative as- sessment system—
(i) is comparable to the State assessments under section 1111(b)(2)(B)(v), valid, reliable, of high tech-
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ESEA OF 1965 114
nical quality, and consistent with relevant, nationally recognized professional and technical standards; and
(ii) provides an unbiased, rational, and consistent determination of progress toward the goals described under section 1111(c)(4)(A)(i) for all students;
(2) ensure that the peer-review team consists of practi- tioners and experts who are knowledgeable about the innova- tive assessment system being proposed for all participating students, including—
(A) individuals with past experience developing sys- tems of assessment innovation that support all students, including English learners, children with disabilities, and disadvantaged students; and
(B) individuals with experience implementing innova- tive assessment and accountability systems;
(3) make publicly available the applications submitted
under subsection (c) and the peer-review comments and rec- ommendations regarding such applications;
(4) make a determination and inform the State regarding approval or disapproval of the application under subsection (c) not later than 90 days after receipt of the complete application;
(5) if the Secretary disapproves an application under para- graph (4), offer the State an opportunity to—
(A) revise and resubmit such application within 60 days of the disapproval determination; and
(B) submit additional evidence that the State’s appli- cation meets the requirements of subsection (c); and
(6) make a determination regarding application approval
or disapproval of a resubmitted application under paragraph (5) not later than 45 days after receipt of the resubmitted ap- plication.
(g) EXTENSION.—The Secretary may extend an authorization of
demonstration authority under this section for an additional 2 years if the State educational agency demonstrates with evidence that the State educational agency’s innovative assessment system is continuing to meet the requirements of subsection (c), including by demonstrating a plan for, and the capacity to, transition to statewide use of the innovative assessment system by the end of the 2-year extension period.
(h) USE OF INNOVATIVE ASSESSMENT SYSTEM.—A State may, during the State’s approved demonstration authority period or 2- year extension, include results from the innovative assessment sys- tems developed under this section in accountability determinations for each student in the participating local educational agencies in- stead of, or in addition to, results from the assessment system under section 1111(b)(2) if the State demonstrates that the State has met the requirements under subsection (c). The State shall con- tinue to meet all other requirements of section 1111(c).
(i) WITHDRAWAL OF AUTHORITY.—The Secretary shall withdraw the authorization for demonstration authority provided to a State educational agency under this section and such State shall return to use of the statewide assessment system under section 1111(b)(2) for all local educational agencies in the State if, at any time during a State’s approved demonstration authority period or 2-year exten-
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115 ESEA OF 1965 Sec. 1204
sion, the State educational agency cannot present to the Secretary evidence that the innovative assessment system developed under this section—
(1) meets the requirements under subsection (c);
(2) includes all students attending schools participating in the innovative assessment system in a State that has dem- onstration authority, including each of the subgroups of stu- dents, as defined under section 1111(c)(2);
(3) provides an unbiased, rational, and consistent deter- mination of progress toward the goals described under section 1111(c)(4)(A)(i) for all students, which are comparable to meas- ures of academic achievement under section 1111(c)(4)(B)(i) across the State in which the local educational agencies are lo- cated;
(4) presents a high-quality plan to transition to full state- wide use of the innovative assessment system by the end of the State’s approved demonstration authority period or 2-year ex- tension, if the innovative assessment system will initially be administered in a subset of local educational agencies; and
(5) demonstrates comparability to the statewide assess- ments under section 1111(b)(2) in content coverage, difficulty, and quality.
(j) TRANSITION.—
(1) IN GENERAL.—
(A) OPERATION OF INNOVATIVE ASSESSMENT SYSTEM.—
If, after a State’s approved demonstration authority period or 2-year extension, the State educational agency has met all the requirements of this section, including having scaled the innovative assessment system up to statewide use, and demonstrated that such system is of high quality, as described in subparagraph (B), the State shall be per- mitted to operate the innovative assessment system ap- proved under the program of demonstration authority under this section for the purposes of subsections (b)(2) and (c) of section 1111.
(B) HIGH QUALITY.—Such system shall be considered of high quality if the Secretary, through the peer-review process described in section 1111(a)(4), determines that—
(i) the innovative assessment system meets all of the requirements of this section;
(ii) the State has examined the effects of the sys- tem on other measures of student success, including indicators in the accountability system under section 1111(c)(4)(B);
(iii) the innovative assessment system provides co- herent and timely information about student achieve- ment based on the challenging State academic stand- ards, including objective measurement of academic achievement, knowledge, and skills that are valid, reli- able, and consistent with relevant, nationally-recog- nized professional and technical standards;
(iv) the State has solicited feedback from teachers, principals, other school leaders, and parents about
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their satisfaction with the innovative assessment sys- tem; and
(v) the State has demonstrated that the same in- novative assessment system was used to measure—
(I) the achievement of all students that par- ticipated in such innovative assessment system; and
(II) not less than the percentage of such stu- dents overall and in each of the subgroups of stu- dents, as defined in section 1111(c)(2), as meas- ured under section 1111(c)(4)(E), as were assessed under the assessment required by section 1111(b)(2).
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(2) BASELINE.—For the purposes of the evaluation de- scribed in paragraph (1), the baseline year shall be considered the first year that each local educational agency in the State used the innovative assessment system.
(3) WAIVER AUTHORITY.—A State may request, and the Secretary shall review such request and may grant, a delay of the withdrawal of authority under subsection (i) for the pur- pose of providing the State with the time necessary to imple- ment the innovative assessment system statewide, if, at the conclusion of the State’s approved demonstration authority pe- riod and 2-year extension—
(A) the State has met all of the requirements of this section, except transition to full statewide use of the inno- vative assessment system; and
(B) the State continues to comply with the other re- quirements of this section, and demonstrates a high-qual- ity plan for transition to statewide use of the innovative assessment system in a reasonable period of time.
(k) AVAILABLE FUNDS.—A State may use funds available under section 1201 to carry out this section.
(l) CONSORTIUM.—A consortium of States may apply to partici- pate in the program of demonstration authority under this section, and the Secretary may provide each State member of such consor- tium with such authority if each such State member meets all of the requirements of this section. Such consortium shall be subject to the limitation described in subsection (b)(3)(B) during the initial 3 years of the demonstration authority.
(m) DISSEMINATION OF BEST PRACTICES.—
(1) IN GENERAL.—Following the publication of the progress
report described in subsection (c), the Director of the Institute of Education Sciences, in consultation with the Secretary, shall collect and disseminate the best practices on the development and implementation of innovative assessment systems that meet the requirements of this section, including best practices regarding the development of—
(A) summative assessments that—
(i) meet the requirements of section 1111(b)(2)(B); (ii) are comparable with statewide assessments
under section 1111(b)(2); and
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117 ESEA OF 1965 Sec. 1302
(iii) include assessment tasks that determine pro- ficiency or mastery of State-approved competencies aligned to challenging State academic standards;
(B) effective supports for local educational agencies
and school staff to implement innovative assessment sys- tems;
(C) effective engagement and support of teachers in developing and scoring assessments and the use of high- quality professional development;
(D) effective supports for all students, particularly each of the subgroups of students, as defined in section 1111(c)(2), participating in the innovative assessment sys- tem; and
(E) standardized and calibrated scoring rubrics, and other strategies, to ensure inter-rater reliability and com- parability of determinations of mastery or proficiency across local educational agencies and the State.
(2) PUBLICATION.—The Secretary shall make the informa-
tion described in paragraph (1) available on the website of the Department and shall publish an update to the information not less often than once every 3 years.
PART C—EDUCATION OF MIGRATORY CHILDREN
SEC. 1301. ø20 U.S.C. 6391¿ PROGRAM PURPOSES. The purposes of this part are as follows:
(1) To assist States in supporting high-quality and com- prehensive educational programs and services during the school year and, as applicable, during summer or intersession periods, that address the unique educational needs of migra- tory children.
(2) To ensure that migratory children who move among the States are not penalized in any manner by disparities among the States in curriculum, graduation requirements, and chal- lenging State academic standards.
(3) To ensure that migratory children receive full and ap- propriate opportunities to meet the same challenging State academic standards that all children are expected to meet.
(4) To help migratory children overcome educational dis- ruption, cultural and language barriers, social isolation, var- ious health-related problems, and other factors that inhibit the ability of such children to succeed in school.
(5) To help migratory children benefit from State and local systemic reforms.
SEC. 1302. ø20 U.S.C. 6392¿ PROGRAM AUTHORIZED.
In order to carry out the purpose of this part, the Secretary
shall make grants to State educational agencies, or combinations of such agencies, to establish or improve, directly or through local op- erating agencies, programs of education for migratory children in accordance with this part.
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Sec. 1303 ESEA OF 1965 118
SEC. 1303. ø20 U.S.C. 6393¿ STATE ALLOCATIONS.
(a) STATE ALLOCATIONS.—Except as provided in subsection (c),
each State (other than the Commonwealth of Puerto Rico) is enti- tled to receive under this part an amount equal to the product of—
(1) the sum of—
(A) the average number of identified eligible migratory
children aged 3 through 21 residing in the State, based on data for the preceding 3 years; and
(B) the number of identified eligible migratory chil- dren, aged 3 through 21, who received services under this part in summer or intersession programs provided by the State during the previous year; multiplied by
(2) 40 percent of the average per-pupil expenditure in the
State, except that the amount determined under this para- graph shall not be less than 32 percent, nor more than 48 per- cent, of the average per-pupil expenditure in the United States. (b) HOLD HARMLESS.—Notwithstanding subsection (a), for each
of fiscal years 2017 through 2019, no State shall receive less than 90 percent of the State’s allocation under this section for the pre- ceding fiscal year.
(c) ALLOCATION TO PUERTO RICO.—
(1) IN GENERAL.—For each fiscal year, the grant that the
Commonwealth of Puerto Rico shall be eligible to receive under this part shall be the amount determined by multiplying the number of children who would be counted under subsection (a)(1) if such subsection applied to the Commonwealth of Puer- to Rico by the product of—
(A) the percentage that the average per-pupil expendi- ture in the Commonwealth of Puerto Rico is of the lowest average per-pupil expenditure of any of the 50 States, sub- ject to paragraphs (2) and (3); and
(B) 32 percent of the average per-pupil expenditure in the United States.
(2) MINIMUM PERCENTAGE.—The percentage described in
paragraph (1)(A) shall not be less than 85 percent.
(3) LIMITATION.—If the application of paragraph (2) for any fiscal year would result in any of the 50 States or the District of Columbia receiving less under this part than it received under this part for the preceding fiscal year, then the percent- age described in paragraph (1)(A) that is used for the Common- wealth of Puerto Rico for the fiscal year for which the deter- mination is made shall be the greater of the percentage in paragraph (1)(A) for such fiscal year or the percentage used for
the preceding fiscal year.
(d) RATABLE REDUCTIONS; REALLOCATIONS.—
(1) IN GENERAL.—
(A) RATABLE REDUCTIONS.—If, after the Secretary re-
serves funds under section 1308(c), the amount appro- priated to carry out this part for any fiscal year is insuffi- cient to pay in full the amounts for which all States are eligible, the Secretary shall ratably reduce each such amount.
(B) REALLOCATION.—If additional funds become avail- able for making such payments for any fiscal year, the Sec-
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119 ESEA OF 1965 Sec. 1303
retary shall allocate such funds to States in amounts that the Secretary determines will best carry out the purposes of this part.
(2) SPECIAL RULE.—
(A) FURTHER REDUCTIONS.—The Secretary shall fur- ther reduce the amount of any grant to a State under this part for any fiscal year if the Secretary determines, based on available information on the numbers and needs of mi- gratory children in the State and the program proposed by the State to address such needs, that such amount exceeds the amount required under section 1304.
(B) REALLOCATION.—The Secretary shall reallocate such excess funds to other States whose grants under this part would otherwise be insufficient to provide an appro- priate level of services to migratory children, in such amounts as the Secretary determines are appropriate.
(e) CONSORTIUM ARRANGEMENTS.—
(1) IN GENERAL.—In the case of a State that receives a
grant of $1,000,000 or less under this section, the Secretary shall consult with the State educational agency to determine whether consortium arrangements with another State or other appropriate entity would result in delivery of services in a more effective and efficient manner.
(2) PROPOSALS.—Any State, regardless of the amount of such State’s allocation, may submit a consortium arrangement to the Secretary for approval.
(3) APPROVAL.—The Secretary shall approve a consortium arrangement under paragraph (1) or (2) if the proposal dem- onstrates that the arrangement will—
(A) reduce administrative costs or program function costs for State programs; and
(B) make more funds available for direct services to add substantially to the academic achievement of children to be served under this part.
(f) DETERMINING NUMBERS OF ELIGIBLE CHILDREN.—In order to determine the identified number of migratory children residing in each State for purposes of this section, the Secretary shall—
(1) use the most recent information that most accurately reflects the actual number of migratory children;
(2) develop and implement a procedure for monitoring the accuracy of such information;
(3) develop and implement a procedure for more accurately reflecting cost factors for different types of summer and inter- session program designs;
(4) adjust the number of migratory children who reside in each State to take into account—
(A) the unique needs of those children participating in effective special programs provided under this part that operate during the summer and intersession periods; and
(B) the additional costs of operating such programs; and
(5) conduct an analysis of the options for adjusting the for- mula so as to better direct services to migratory children, in- cluding the most at-risk migratory children.
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Sec. 1304 ESEA OF 1965 120
(g) NONPARTICIPATING STATES.—In the case of a State desiring to receive an allocation under this part for a fiscal year that did not receive an allocation for the previous fiscal year or that has been participating for less than 3 consecutive years, the Secretary shall calculate the State’s number of identified migratory children aged 3 through 21 for purposes of subsection (a)(1)(A) by using the most recent data available that identifies the migratory children residing in the State until data is available to calculate the 3-year average number of such children in accordance with such sub- section.
SEC. 1304. ø20 U.S.C. 6394¿ STATE APPLICATIONS; SERVICES.
(a) APPLICATION REQUIRED.—Any State desiring to receive a grant under this part for any fiscal year shall submit an applica- tion to the Secretary at such time and in such manner as the Sec-
retary may require.
(b) PROGRAM INFORMATION.—Each such application shall in-
clude—
(1) a description of how, in planning, implementing, and
evaluating programs and projects assisted under this part, the State and its local operating agencies will ensure that the unique educational needs of migratory children, including pre- school migratory children and migratory children who have dropped out of school, are identified and addressed through—
(A) the full range of services that are available for mi- gratory children from appropriate local, State, and Federal educational programs;
(B) joint planning among local, State, and Federal educational programs serving migratory children, includ- ing language instruction educational programs under part A of title III;
(C) the integration of services available under this part with services provided by those other programs; and
(D) measurable program objectives and outcomes;
(2) a description of the steps the State is taking to provide all migratory students with the opportunity to meet the same challenging State academic standards that all children are ex-
pected to meet;
(3) a description of how the State will use funds received
under this part to promote interstate and intrastate coordina- tion of services for migratory children, including how the State will provide for educational continuity through the timely transfer of pertinent school records, including information on health, when children move from one school to another, wheth- er or not such move occurs during the regular school year;
(4) a description of the State’s priorities for the use of funds received under this part, and how such priorities relate to the State’s assessment of needs for services in the State;
(5) a description of how the State will determine the amount of any subgrants the State will award to local oper- ating agencies, taking into account the numbers and needs of migratory children, the requirements of subsection (d), and the availability of funds from other Federal, State, and local pro- grams; and
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121 ESEA OF 1965 Sec. 1304
(6) a description of how the State will encourage programs and projects assisted under this part to offer family literacy services if the program or project serves a substantial number of migratory children whose parents do not have a high school diploma or its recognized equivalent or who have low levels of literacy.
(c) ASSURANCES.—Each such application shall also include as-
surances that—
(1) funds received under this part will be used only—
(A) for programs and projects, including the acquisi- tion of equipment, in accordance with section 1306; and
(B) to coordinate such programs and projects with similar programs and projects within the State and in other States, as well as with other Federal programs that can benefit migratory children and their families;
(2) such programs and projects will be carried out in a
manner consistent with the objectives of section 1114, sub- sections (b) and (d) of section 1115, subsections (b) and (c) of section 1118, and part F;
(3) in the planning and operation of programs and projects at both the State and local agency operating level, there is con- sultation with parents of migratory children, including parent advisory councils, for programs not less than 1 school year in duration, and that all such programs and projects are carried out—
(A) in a manner that provides for the same parental involvement as is required for programs and projects under section 1116, unless extraordinary circumstances make such provision impractical; and
(B) in a format and language understandable to the parents;
(4) in planning and carrying out such programs and projects, there has been, and will be, adequate provision for ad- dressing the unmet education needs of preschool migratory children and migratory children who have dropped out of school;
(5) the effectiveness of such programs and projects will be determined, where feasible, using the same approaches and standards that will be used to assess the performance of stu- dents, schools, and local educational agencies under part A;
(6) such programs and projects will provide for outreach activities for migratory children and their families to inform such children and families of other education, health, nutrition, and social services to help connect them to such services;
(7) to the extent feasible, such programs and projects will provide for—
(A) advocacy and other outreach activities for migra- tory children and their families, including helping such children and families gain access to other education, health, nutrition, and social services;
(B) professional development programs, including mentoring, for teachers and other program personnel;
(C) family literacy programs;
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Sec. 1305
ESEA OF 1965 122
(D) the integration of information technology into edu- cational and related programs; and
(E) programs to facilitate the transition of secondary school students to postsecondary education or employment; and
(8) the State will assist the Secretary in determining the
February 1, 2023
number of migratory children under section 1303(a)(1).
(d) PRIORITY FOR SERVICES.—In providing services with funds received under this part, each recipient of such funds shall give pri- ority to migratory children who have made a qualifying move with- in the previous 1-year period and who—
(1) are failing, or most at risk of failing, to meet the chal- lenging State academic standards; or
(2) have dropped out of school.
(e) CONTINUATION OF SERVICES.—Notwithstanding any other
provision of this part—
(1) a child who ceases to be a migratory child during a
school term shall be eligible for services until the end of such term;
(2) a child who is no longer a migratory child may continue to receive services for 1 additional school year, but only if com- parable services are not available through other programs; and
(3) students who were eligible for services in secondary school may continue to be served through credit accrual pro- grams until graduation.
SEC. 1305. ø20 U.S.C. 6395¿ SECRETARIAL APPROVAL; PEER REVIEW. The Secretary shall approve each State application that meets the requirements of this part, and may review any such application with the assistance and advice of State officials and other officials
with relevant expertise.
SEC. 1306. ø20 U.S.C. 6396¿ COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN; AUTHORIZED ACTIVITIES.
(a) COMPREHENSIVE PLAN.—
(1) IN GENERAL.—Each State that receives assistance
under this part shall ensure that the State and its local oper- ating agencies identify and address the unique educational needs of migratory children in accordance with a comprehen- sive State plan that—
(A) is integrated with other programs under this Act or other Acts, as appropriate;
(B) may be submitted as a part of a consolidated appli- cation under section 8302, if—
(i) the unique needs of migratory children are spe- cifically addressed in the comprehensive State plan;
(ii) the comprehensive State plan is developed in collaboration with parents of migratory children; and (iii) the comprehensive State plan is not used to supplant State efforts regarding, or administrative
funding for, this part;
(C) provides that migratory children will have an op- portunity to meet the same challenging State academic standards that all children are expected to meet;
(D) specifies measurable program goals and outcomes;
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123 ESEA OF 1965 Sec. 1307
(E) encompasses the full range of services that are available for migratory children from appropriate local, State, and Federal educational programs;
(F) is the product of joint planning among such local, State, and Federal programs, including programs under part A, early childhood programs, and language instruc- tion educational programs under part A of title III; and
(G) provides for the integration of services available under this part with services provided by such other pro- grams.
(2) DURATION OF THE PLAN.—Each such comprehensive
State plan shall—
(A) remain in effect for the duration of the State’s par-
ticipation under this part; and
(B) be periodically reviewed and revised by the State,
as necessary, to reflect changes in the State’s strategies
and programs under this part. (b) AUTHORIZED ACTIVITIES.—
(1) FLEXIBILITY.—In implementing the comprehensive plan described in subsection (a), each State educational agency, where applicable through its local educational agencies, retains the flexibility to determine the activities to be provided with funds made available under this part, except that such funds first shall be used to meet the identified needs of migratory children that result from their migratory lifestyle, and to per- mit these children to participate effectively in school.
(2) UNADDRESSED NEEDS.—Funds provided under this part shall be used to address the needs of migratory children that are not addressed by services available from other Federal or non-Federal programs, except that migratory children who are eligible to receive services under part A may receive those services through funds provided under that part, or through funds under this part that remain after the agency addresses the needs described in paragraph (1).
(3) CONSTRUCTION.—Nothing in this part shall be con- strued to prohibit a local educational agency from serving mi- gratory children simultaneously with students with similar educational needs in the same educational settings, where ap- propriate.
(4) SPECIAL RULE.—Notwithstanding section 1114, a school that receives funds under this part shall continue to address the identified needs described in paragraph (1), and shall meet the unique educational needs of migratory children before using funds under this part for schoolwide programs under sec- tion 1114.
SEC. 1307. ø20 U.S.C. 6397¿ BYPASS.
The Secretary may use all or part of any State’s allocation
under this part to make arrangements with any public or private agency to carry out the purpose of this part in such State if the Secretary determines that—
(1) the State is unable or unwilling to conduct educational programs for migratory children;
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Sec. 1308 ESEA OF 1965 124
(2) such arrangements would result in more efficient and economic administration of such programs; or
(3) such arrangements would add substantially to the edu- cational achievement of such children.
SEC. 1308. ø20 U.S.C. 6398¿ COORDINATION OF MIGRANT EDUCATION ACTIVITIES.
(a) IMPROVEMENT OF COORDINATION.—
(1) IN GENERAL.—The Secretary, in consultation with the
States, may make grants to, or enter into contracts with, State educational agencies, local educational agencies, institutions of higher education, and other public and private entities to im- prove the interstate and intrastate coordination among such agencies’ educational programs, including through the estab- lishment or improvement of programs for credit accrual and exchange, available to migratory children.
(2) DURATION.—Grants under this subsection may be awarded for not more than 5 years.
(b) STUDENT RECORDS.—
(1) ASSISTANCE.—The Secretary shall assist States in the electronic transfer of student records and in determining the number of migratory children in each State.
(2) INFORMATION SYSTEM.—
(A) IN GENERAL.—The Secretary, in consultation with
the States, shall ensure the linkage of migrant student record systems for the purpose of electronically exchang- ing, among the States, health and educational information regarding all migratory students eligible under this part. The Secretary shall ensure that such linkage occurs in a cost-effective manner, utilizing systems used by the States prior to, or developed after, the date of the enactment of the Every Student Succeeds Act. Such information may in- clude—
(i) immunization records and other health infor- mation;
(ii) elementary and secondary academic history (including partial credit), credit accrual, and results from State assessments under section 1111(b)(2);
(iii) other academic information essential to ensur- ing that migratory children achieve to the challenging State academic standards; and
(iv) eligibility for services under the Individuals with Disabilities Education Act.
(B) CONSULTATION.—The Secretary shall maintain on-
going consultation with the States, local educational agen- cies, and other migratory student service providers on—
(i) the effectiveness of the system described in subparagraph (A); and
(ii) the ongoing improvement of such system.
(C) NOTICE AND COMMENT.—After consulting with the States under subparagraph (A), the Secretary shall publish a notice in the Federal Register seeking public comment on any new proposed data elements that each State receiving funds under this part shall be required to collect for pur- poses of electronic transfer of migratory student informa-
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125 ESEA OF 1965 Sec. 1309
tion and the requirements that States shall meet for im- mediate electronic access to such information.
(3) NO COST FOR CERTAIN TRANSFERS.—A State educational
agency or local educational agency receiving assistance under this part shall make student records available to another State educational agency or local educational agency that requests the records at no cost to the requesting agency, if the request is made in order to meet the needs of a migratory child.
(c) AVAILABILITY OF FUNDS.—For the purpose of carrying out this section in any fiscal year, the Secretary shall reserve not more than $10,000,000 of the amount appropriated to carry out this part for such year.
(d) INCENTIVE GRANTS.—From the amounts made available to carry out this section for any fiscal year, the Secretary may reserve not more than $3,000,000 to award grants of not more than $250,000 on a competitive basis to State educational agencies that propose a consortium arrangement with another State or other ap- propriate entity that the Secretary determines, pursuant to criteria that the Secretary shall establish, will improve the delivery of serv- ices to migratory children whose education is interrupted.
(e) DATA COLLECTION.—The Secretary shall direct the National Center for Education Statistics to collect data on migratory chil- dren.
SEC. 1309. ø20 U.S.C. 6399¿ DEFINITIONS. As used in this part:
(1) LOCAL OPERATING AGENCY.—The term ‘‘local operating agency’’ means—
(A) a local educational agency to which a State edu- cational agency makes a subgrant under this part;
(B) a public or private agency with which a State edu- cational agency or the Secretary makes an arrangement to carry out a project under this part; or
(C) a State educational agency, if the State edu- cational agency operates the State’s migrant education program or projects directly.
(2) MIGRATORY AGRICULTURAL WORKER.—The term ‘‘migra-
tory agricultural worker’’ means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or per- sonal subsistence in agriculture, which may be dairy work or the initial processing of raw agricultural products. If an indi- vidual did not engage in such new employment soon after a qualifying move, such individual may be considered a migra- tory agricultural worker if the individual actively sought such new employment and has a recent history of moves for tem- porary or seasonal agricultural employment.
(3) MIGRATORY CHILD.—The term ‘‘migratory child’’ means a child or youth who made a qualifying move in the preceding 36 months—
(A) as a migratory agricultural worker or a migratory fisher; or
(B) with, or to join, a parent or spouse who is a migra- tory agricultural worker or a migratory fisher.
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Sec. 1401 ESEA OF 1965 126
(4) MIGRATORY FISHER.—The term ‘‘migratory fisher’’ means an individual who made a qualifying move in the pre- ceding 36 months and, after doing so, engaged in new tem- porary or seasonal employment or personal subsistence in fish- ing. If the individual did not engage in such new employment soon after the move, the individual may be considered a migra- tory fisher if the individual actively sought such new employ- ment and has a recent history of moves for temporary or sea- sonal fishing employment.
(5) QUALIFYING MOVE.—The term ‘‘qualifying move’’ means a move due to economic necessity—
(A) from one residence to another residence; and
(B) from one school district to another school district, except—
(i) in the case of a State that is comprised of a sin- gle school district, wherein a qualifying move is from one administrative area to another within such dis- trict; or
(ii) in the case of a school district of more than 15,000 square miles, wherein a qualifying move is a distance of 20 miles or more to a temporary residence.
PART D—PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT- RISK
SEC. 1401. ø20 U.S.C. 6421¿ PURPOSE AND PROGRAM AUTHORIZATION. (a) PURPOSE.—It is the purpose of this part—
(1) to improve educational services for children and youth in local, tribal, and State institutions for neglected or delin- quent children and youth so that such children and youth have the opportunity to meet the same challenging State academic standards that all children in the State are expected to meet;
(2) to provide such children and youth with the services needed to make a successful transition from institutionaliza- tion to further schooling or employment; and
(3) to prevent at-risk youth from dropping out of school, and to provide dropouts, and children and youth returning from correctional facilities or institutions for neglected or delin- quent children and youth, with a support system to ensure their continued education and the involvement of their families and communities.
(b) PROGRAM AUTHORIZED.—In order to carry out the purpose
of this part and from amounts appropriated under section 1002(d), the Secretary shall make grants to State educational agencies to enable such agencies to award subgrants to State agencies and local educational agencies to establish or improve programs of edu- cation for neglected, delinquent, or at-risk children and youth.
SEC. 1402. ø20 U.S.C. 6422¿ PAYMENTS FOR PROGRAMS UNDER THIS PART.
(a) AGENCY SUBGRANTS.—Based on the allocation amount com- puted under section 1412, the Secretary shall allocate to each State
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127 ESEA OF 1965 Sec. 1412
educational agency an amount necessary to make subgrants to State agencies under subpart 1.
(b) LOCAL SUBGRANTS.—Each State shall retain, for the pur- pose of carrying out subpart 2, funds generated throughout the State under part A of this title based on children and youth resid- ing in local correctional facilities, or attending community day pro- grams for delinquent children and youth.
Subpart 1—State Agency Programs
SEC. 1411. ø20 U.S.C. 6431¿ ELIGIBILITY.
A State agency is eligible for assistance under this subpart if
such State agency is responsible for providing free public education for children and youth—
(1) in institutions for neglected or delinquent children and youth;
(2) attending community day programs for neglected or de- linquent children and youth; or
(3) in adult correctional institutions.
SEC. 1412. ø20 U.S.C. 6432¿ ALLOCATION OF FUNDS. (a) SUBGRANTS TO STATE AGENCIES.—
(1) IN GENERAL.—Each State agency described in section 1411 (other than an agency in the Commonwealth of Puerto Rico) is eligible to receive a subgrant under this subpart, for each fiscal year, in an amount equal to the product of—
(A) the number of neglected or delinquent children and youth described in section 1411 who—
(i) are enrolled for at least 15 hours per week in education programs in adult correctional institutions; and
(ii) are enrolled for at least 20 hours per week— (I) in education programs in institutions for
neglected or delinquent children and youth; or
(II) in community day programs for neglected
or delinquent children and youth; and
(B) 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this subparagraph shall not be less than 32 percent, nor more than 48 percent, of the average per-pupil expenditure in
the United States.
(2) SPECIAL RULE.—The number of neglected or delinquent children and youth determined under paragraph (1) shall—
(A) be determined by the State agency by a deadline set by the Secretary, except that no State agency shall be required to determine the number of such children and youth on a specific date set by the Secretary; and
(B) be adjusted, as the Secretary determines is appro- priate, to reflect the relative length of such agency’s an- nual programs.
(b) SUBGRANTS TO STATE AGENCIES IN PUERTO RICO.—
(1) IN GENERAL.—For each fiscal year, the amount of the subgrant which a State agency in the Commonwealth of Puerto Rico shall be eligible to receive under this subpart shall be the
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Sec. 1413 ESEA OF 1965 128
amount determined by multiplying the number of children counted under subsection (a)(1)(A) for the Commonwealth of Puerto Rico by the product of—
(A) the percentage which the average per-pupil ex- penditure in the Commonwealth of Puerto Rico is of the lowest average per-pupil expenditure of any of the 50 States; and
(B) 32 percent of the average per-pupil expenditure in the United States.
(2) MINIMUM PERCENTAGE.—The percentage in paragraph
(1)(A) shall not be less than 85 percent.
(3) LIMITATION.—If the application of paragraph (2) would
result in any of the 50 States or the District of Columbia re- ceiving less under this subpart than it received under this sub- part for the preceding fiscal year, then the percentage de- scribed in paragraph (1)(A) that is used for the Commonwealth of Puerto Rico for the fiscal year for which the determination is made shall be the greater of—
(A) the percentage in paragraph (1)(A) for such fiscal year; or
(B) the percentage used for the preceding fiscal year. (c) RATABLE REDUCTIONS IN CASE OF INSUFFICIENT APPROPRIA- TIONS.—If the amount appropriated for any fiscal year for sub- grants under subsections (a) and (b) is insufficient to pay the full amount for which all State agencies are eligible under such sub-
sections, the Secretary shall ratably reduce each such amount.
SEC. 1413. ø20 U.S.C. 6433¿ STATE REALLOCATION OF FUNDS.
If a State educational agency determines that a State agency does not need the full amount of the subgrant for which such State agency is eligible under this subpart for any fiscal year, the State educational agency may reallocate the amount that will not be needed to other eligible State agencies that need additional funds to carry out the purpose of this part, in such amounts as the State
educational agency shall determine.
SEC. 1414. ø20 U.S.C. 6434¿ STATE PLAN AND STATE AGENCY APPLICA- TIONS.
(a) STATE PLAN.—
(1) IN GENERAL.—Each State educational agency that de-
sires to receive a grant under this subpart shall submit, for ap- proval by the Secretary, a plan—
(A) for meeting the educational needs of neglected, de- linquent, and at-risk children and youth;
(B) for assisting in the transition of children and youth between correctional facilities and locally operated pro- grams; and
(C) that is integrated with other programs under this Act or other Acts, as appropriate.
(2) CONTENTS.—Each such State plan shall—
(A) describe the program objectives and outcomes es- tablished by the State that will be used to assess the effec- tiveness of the program in improving the academic, career, and technical skills of children in the program;
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129 ESEA OF 1965 Sec. 1414
(B) provide that, to the extent feasible, such children will have the same opportunities to achieve as such chil- dren would have if such children were in the schools of local educational agencies in the State;
(C) describe how the State will place a priority for such children to attain a regular high school diploma, to the extent feasible;
(D) contain an assurance that the State educational agency will—
(i) ensure that programs assisted under this sub- part will be carried out in accordance with the State plan described in this subsection; and
(ii) ensure that the State agencies receiving sub- grants under this subpart comply with all applicable statutory and regulatory requirements; and
(E) provide assurances that the State educational
agency has established—
(i) procedures to ensure the timely re-enrollment
of each student who has been placed in the juvenile justice system in secondary school or in a re-entry pro- gram that best meets the needs of the student, includ- ing the transfer of credits that such student earns dur- ing placement; and
(ii) opportunities for such students to participate in credit-bearing coursework while in secondary school, postsecondary education, or career and tech- nical education programming.
(3) DURATION OF THE PLAN.—Each such State plan shall— (A) remain in effect for the duration of the State’s par-
ticipation under this part; and
(B) be periodically reviewed and revised by the State,
as necessary, to reflect changes in the State’s strategies
and programs under this part.
(b) SECRETARIAL APPROVAL AND PEER REVIEW.—
(1) SECRETARIAL APPROVAL.—The Secretary shall approve each State plan that meets the requirements of this subpart. (2) PEER REVIEW.—The Secretary may review any State plan with the assistance and advice of individuals with rel-
evant expertise.
(c) STATE AGENCY APPLICATIONS.—Any State agency that de- sires to receive funds to carry out a program under this subpart shall submit an application to the State educational agency that—
(1) describes the procedures to be used, consistent with the State plan under section 1111, to assess the educational needs of the children to be served under this subpart and, to the ex- tent practicable, provide for such assessment upon entry into a correctional facility;
(2) provide an assurance that in making services available to children and youth in adult correctional institutions, priority will be given to such children and youth who are likely to com- plete incarceration within a 2-year period;
(3) describes the program, including a budget for the first year of the program, with annual updates to be provided to the State educational agency;
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Sec. 1414 ESEA OF 1965 130
(4) describes how the program will meet the goals and ob- jectives of the State plan;
(5) describes how the State agency will consult with ex- perts and provide the necessary training for appropriate staff, to ensure that the planning and operation of institution-wide projects under section 1416 are of high quality;
(6) describes how the State agency will use the results of the most recent evaluation under section 8601 will be used to plan and improve the program;
(7) includes data showing that the State agency has main- tained the fiscal effort required of a local educational agency, in accordance with section 8521;
(8) describes how the programs will be coordinated with other appropriate State and Federal programs, such as pro- grams under title I of the Workforce Innovation and Oppor- tunity Act, career and technical education programs, State and local dropout prevention programs, and special education pro- grams;
(9) describes how the State agency will encourage correc- tional facilities receiving funds under this subpart to coordi- nate with local educational agencies or alternative education programs attended by incarcerated children and youth prior to and after their incarceration to ensure that student assess- ments and appropriate academic records are shared jointly be- tween the correctional facility and the local educational agency or alternative education program in order to facilitate the tran- sition of such children and youth between the correctional fa- cility and the local educational agency or alternative education program;
(10) describes how appropriate professional development will be provided to teachers and other staff;
(11) designates an individual in each affected correctional facility or institution for neglected or delinquent children and youth to be responsible for issues relating to the transition of such children and youth between such facility or institution and locally operated programs;
(12) describes how the State agency will endeavor to co- ordinate with businesses for training and mentoring for partici- pating children and youth;
(13) provides an assurance that the State agency will as- sist in locating alternative programs through which students can continue their education if the students are not returning to school after leaving the correctional facility or institution for neglected or delinquent children and youth;
(14) provides assurances that the State agency will work with parents to secure parents’ assistance in improving the educational achievement of their children and youth, and pre- venting their children’s and youth’s further involvement in de- linquent activities;
(15) provides an assurance that the State agency will work with children and youth with disabilities in order to meet an existing individualized education program and an assurance that the agency will notify the child’s or youth’s local school if the child or youth—
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131 ESEA OF 1965 Sec. 1415
(A) is identified as in need of special education serv- ices while the child or youth is in the correctional facility or institution for neglected or delinquent children and youth; and
(B) intends to return to the local school;
(16) provides an assurance that the State agency will work
with children and youth who dropped out of school before en- tering the correctional facility or institution for neglected or de- linquent children and youth to encourage the children and youth to reenter school and attain a regular high school di- ploma once the term of the incarceration is completed or pro- vide the child or youth with the skills necessary to gain em- ployment, continue the education of the child or youth, or at- tain a regular high school diploma or its recognized equivalent if the child or youth does not intend to return to school;
(17) provides an assurance that certified or licensed teach- ers and other qualified staff are trained to work with children and youth with disabilities and other students with special needs taking into consideration the unique needs of such stu- dents;
(18) describes any additional services to be provided to children and youth, such as career counseling, distance learn- ing, and assistance in securing student loans and grants;
(19) provides an assurance that the program under this subpart will be coordinated with any programs operated under the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) or other comparable programs, if appli- cable; and
(20) describes how the State agency will, to the extent fea- sible—
(A) note when a youth has come into contact with both the child welfare and juvenile justice systems; and
(B) deliver services and interventions designed to keep such youth in school that are evidence-based (to the extent a State determines that such evidence is reasonably avail- able).
SEC. 1415. ø20 U.S.C. 6435¿ USE OF FUNDS. (a) USES.—
(1) IN GENERAL.—A State agency shall use funds received under this subpart only for programs and projects that—
(A) are consistent with the State plan under section 1414(a); and
(B) concentrate on providing participants with the knowledge and skills needed to make a successful transi- tion to secondary school completion, career and technical education, further education, or employment.
(2) PROGRAMS AND PROJECTS.—Such programs and projects—
(A) may include—
(i) the acquisition of equipment; (ii) pay-for-success initiatives; or
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Sec. 1416
ESEA OF 1965 132
(iii) providing targeted services for youth who have come in contact with both the child welfare sys- tem and juvenile justice system;
(B) shall be designed to support educational services
that—
(i) except for institution-wide projects under sec-
tion 1416, are provided to children and youth identi- fied by the State agency as failing, or most at-risk of failing, to meet the challenging State academic stand- ards;
(ii) respond to the educational needs of such chil- dren and youth, including by supplementing and im- proving the quality of the educational services pro- vided to such children and youth by the State agency; and
(iii) afford such children and youth an opportunity to meet challenging State academic standards; and
(C) shall be carried out in a manner consistent with
section 1118 and part F (as applied to programs and
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projects under this part).
(b) SUPPLEMENT, NOT SUPPLANT.—A program under this sub-
part that supplements the number of hours of instruction students receive from State and local sources shall be considered to comply with the supplement, not supplant requirement of section 1118 (as applied to this part) without regard to the subject areas in which instruction is given during those hours.
SEC. 1416. ø20 U.S.C. 6436¿ INSTITUTION-WIDE PROJECTS.
A State agency that provides free public education for children and youth in an institution for neglected or delinquent children and youth (other than an adult correctional institution) or attend- ing a community-day program for such children and youth may use funds received under this subpart to serve all children in, and up- grade the entire educational effort of, that institution or program if the State agency has developed, and the State educational agen- cy has approved, a comprehensive plan for that institution or pro-
gram that—
(1) provides for a comprehensive assessment of the edu-
cational needs of all children and youth in the institution or program serving juveniles;
(2) provides for a comprehensive assessment of the edu- cational needs of youth aged 20 and younger in adult facilities who are expected to complete incarceration within a 2-year pe- riod;
(3) describes the steps the State agency has taken, or will take, to provide all children and youth under age 21 with the opportunity to meet challenging State academic standards in order to improve the likelihood that the children and youth will attain a regular high school diploma or its recognized equivalent, or find employment after leaving the institution;
(4) describes the instructional program, specialized instruc- tional support services, and procedures that will be used to meet the needs described in paragraph (1), including, to the ex- tent feasible, the provision of mentors for the children and
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133 ESEA OF 1965 Sec. 1418
youth described in paragraph (1), and how relevant and appro- priate academic records and plans regarding the continuation of educational services for such children or youth are shared jointly between the State agency operating the institution or program and local educational agency in order to facilitate the transition of such children and youth between the local edu- cational agency and the State agency;
(5) specifically describes how such funds will be used;
(6) describes the measures and procedures that will be used to assess and improve student achievement;
(7) describes how the agency has planned, and will imple- ment and evaluate, the institution-wide or program-wide project in consultation with personnel providing direct instruc- tional services and support services in institutions or commu- nity-day programs for neglected or delinquent children and youth, and with personnel from the State educational agency; and
(8) includes an assurance that the State agency has pro- vided for appropriate training for teachers and other instruc- tional and administrative personnel to enable such teachers and personnel to carry out the project effectively.
SEC. 1417. ø20 U.S.C. 6437¿ THREE-YEAR PROGRAMS OR PROJECTS.
If a State agency operates a program or project under this sub- part in which individual children or youth are likely to participate for more than 1 year, the State educational agency may approve the State agency’s application for a subgrant under this subpart for
a period of not more than 3 years.
SEC. 1418. ø20 U.S.C. 6438¿ TRANSITION SERVICES.
(a) TRANSITION SERVICES.—Each State agency shall reserve not
less than 15 percent and not more than 30 percent of the amount such agency receives under this subpart for any fiscal year to sup- port—
(1) projects that facilitate the transition of children and youth between State-operated institutions, or institutions in the State operated by the Secretary of the Interior, and schools served by local educational agencies or schools operated or funded by the Bureau of Indian Education; or
(2) the successful reentry of youth offenders, who are age 20 or younger and have received a regular high school diploma or its recognized equivalent, into postsecondary education, or career and technical training programs, through strategies de- signed to expose the youth to, and prepare the youth for, post- secondary education, or career and technical training pro- grams, such as—
(A) preplacement programs that allow adjudicated or incarcerated youth to audit or attend courses on college, university, or community college campuses, or through programs provided in institutional settings;
(B) worksite schools, in which institutions of higher education and private or public employers partner to cre- ate programs to help students make a successful transition to postsecondary education and employment; and
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(C) essential support services to ensure the success of the youth, such as—
(i) personal, career and technical, and academic, counseling;
(ii) placement services designed to place the youth in a university, college, or junior college program;
(iii) information concerning, and assistance in ob- taining, available student financial aid;
(iv) counseling services; and
(v) job placement services.
(b) CONDUCT OF PROJECTS.—A project supported under this
section may be conducted directly by the State agency, or through a contract or other arrangement with one or more local educational agencies, other public agencies, or private nonprofit organizations.
(c) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to prohibit a school that receives funds under subsection (a) from serving neglected and delinquent children and youth si- multaneously with students with similar educational needs, in the same educational settings where appropriate.
SEC. 1419. ø20 U.S.C. 6439¿ TECHNICAL ASSISTANCE.
The Secretary may reserve not more than 2.5 percent of the
amount made available to carry out this subpart for a fiscal year to provide technical assistance to and support the capacity building of State agency programs assisted under this subpart.
Subpart 2—Local Agency Programs
SEC. 1421. ø20 U.S.C. 6451¿ PURPOSE.
The purpose of this subpart is to support the operation of local
educational agency programs that involve collaboration with locally operated correctional facilities—
(1) to carry out high quality education programs to prepare children and youth for secondary school completion, training, employment, or further education;
(2) to provide activities to facilitate the transition of such children and youth from the correctional program to further education or employment; and
(3) to operate programs in local schools, including schools operated or funded by the Bureau of Indian Education, for chil- dren and youth returning from correctional facilities, and pro- grams which may serve at-risk children and youth.
SEC. 1422. ø20 U.S.C. 6452¿ PROGRAMS OPERATED BY LOCAL EDU- CATIONAL AGENCIES.
(a) LOCAL SUBGRANTS.—With funds made available under sec- tion 1402(b), the State educational agency shall award subgrants to local educational agencies with high numbers or percentages of children and youth residing in locally operated (including county operated) correctional facilities for children and youth (including fa- cilities involved in community day programs).
(b) SPECIAL RULE.—A local educational agency that serves a school operated by a correctional facility is not required to operate a program of support for children and youth returning from such school to a school that is not operated by a correctional agency but
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135 ESEA OF 1965 Sec. 1423
served by such local educational agency, if more than 30 percent of the children and youth attending the school operated by the cor- rectional facility will reside outside the boundaries served by the local educational agency after leaving such facility.
(c) NOTIFICATION.—A State educational agency shall notify local educational agencies within the State of the eligibility of such agencies to receive a subgrant under this subpart.
(d) TRANSITIONAL AND ACADEMIC SERVICES.—Transitional and supportive programs operated in local educational agencies under this subpart shall be designed primarily to meet the transitional and academic needs of students returning to local educational agencies or alternative education programs from correctional facili- ties. Services to students at-risk of dropping out of school shall not have a negative impact on meeting such transitional and academic needs of the students returning from correctional facilities.
SEC. 1423. ø20 U.S.C. 6453¿ LOCAL EDUCATIONAL AGENCY APPLICA- TIONS.
Each local educational agency desiring assistance under this subpart shall submit an application to the State educational agency that contains such information as the State educational agency may require. Each such application shall include—
(1) a description of the program to be assisted;
(2) a description of formal agreements, regarding the pro- gram to be assisted, between—
(A) the local educational agency; and
(B) correctional facilities and alternative school pro- grams serving children and youth involved with the juve- nile justice system, including such facilities operated by the Secretary of the Interior and Indian tribes;
(3) as appropriate, a description of how participating
schools will coordinate with facilities working with delinquent children and youth to ensure that such children and youth are participating in an education program comparable to one oper- ating in the local school such youth would attend;
(4) a description of the program operated by participating schools to facilitate the successful transition of children and youth returning from correctional facilities and, as appropriate, the types of services that such schools will provide such chil- dren and youth and other at-risk children and youth;
(5) a description of the characteristics (including learning difficulties, substance abuse problems, and other special needs) of the children and youth who will be returning from correc- tional facilities and, as appropriate, other at-risk children and youth expected to be served by the program, and a description of how the school will coordinate existing educational programs to meet the unique educational needs of such children and youth;
(6) as appropriate, a description of how schools will coordi- nate with existing social, health, and other services to meet the needs of students returning from correctional facilities, at-risk children or youth, and other participating children or youth, in- cluding prenatal health care and nutrition services related to the health of the parent and the child or youth, parenting and child development classes, child care, targeted reentry and out-
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Sec. 1424 ESEA OF 1965 136
reach programs, referrals to community resources, and sched- uling flexibility;
(7) as appropriate, a description of any partnerships with institutions of higher education or local businesses to facilitate postsecondary and workforce success for children and youth re- turning from correctional facilities, such as through participa- tion in credit-bearing coursework while in secondary school, en- rollment in postsecondary education, participation in career and technical education programming, and mentoring services for participating students;
(8) as appropriate, a description of how the program will involve parents and family members in efforts to improve the educational achievement of their children, assist in dropout prevention activities, and prevent the involvement of their chil- dren in delinquent activities;
(9) a description of how the program under this subpart will be coordinated with other Federal, State, and local pro- grams, such as programs under title I of the Workforce Innova- tion and Opportunity Act and career and technical education programs serving at-risk children and youth;
(10) a description of how the program will be coordinated with programs operated under the Juvenile Justice and Delin- quency Prevention Act of 1974 and other comparable programs, if applicable;
(11) as appropriate, a description of how schools will work with probation officers to assist in meeting the needs of chil- dren and youth returning from correctional facilities;
(12) a description of the efforts participating schools will make to ensure correctional facilities working with children and youth are aware of a child’s or youth’s existing individual- ized education program; and
(13) as appropriate, a description of the steps participating schools will take to find alternative placements for children and youth interested in continuing their education but unable to participate in a traditional public school program.
SEC. 1424. ø20 U.S.C. 6454¿ USES OF FUNDS.
(a) IN GENERAL.—Funds provided to local educational agencies
under this subpart may be used, as appropriate, for—
(1) programs that serve children and youth returning to local schools from correctional facilities, to assist in the transi- tion of such children and youth to the school environment and help them remain in school in order to complete their edu-
cation;
(2) dropout prevention programs which serve at-risk chil-
dren and youth;
(3) the coordination of health and social services for such
individuals if there is a likelihood that the provision of such services, including day care, drug and alcohol counseling, and mental health services, will improve the likelihood such indi- viduals will complete their education;
(4) special programs to meet the unique academic needs of participating children and youth, including career and tech- nical education, special education, career counseling, cur-
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137 ESEA OF 1965 Sec. 1425
riculum-based youth entrepreneurship education, and assist- ance in securing student loans or grants for postsecondary edu- cation;
(5) programs providing mentoring and peer mediation;
(6) programs for at-risk Indian children and youth, includ- ing such children and youth in correctional facilities in the area served by the local educational agency that are operated by the Secretary of the Interior or Indian tribes; and
(7) pay for success initiatives.
(b) CONTRACTS AND GRANTS.—A local educational agency may
use a subgrant received under this subpart to carry out the activi- ties described under paragraphs (1) through (7) of subsection (a) di- rectly or through subgrants, contracts, or cooperative agreements.
SEC. 1425. ø20 U.S.C. 6455¿ PROGRAM REQUIREMENTS FOR CORREC- TIONAL FACILITIES RECEIVING FUNDS UNDER THIS SEC- TION.
Each correctional facility entering into an agreement with a local educational agency under section 1423(2) to provide services to children and youth under this subpart shall—
(1) where feasible, ensure that educational programs in the correctional facility are coordinated with the student’s home school, particularly with respect to a student with an individ- ualized education program under part B of the Individuals with Disabilities Education Act;
(2) if the child or youth is identified as in need of special education services while in the correctional facility, notify the local school of the child or youth of such need;
(3) where feasible, provide transition assistance to help the child or youth stay in school, including coordination of services for the family, counseling, assistance in accessing drug and al- cohol abuse prevention programs, tutoring, and family coun- seling;
(4) provide support programs that encourage children and youth who have dropped out of school to reenter school and at- tain a regular high school diploma once their term at the cor- rectional facility has been completed, or provide such children and youth with the skills necessary to gain employment or seek a regular high school diploma or its recognized equivalent;
(5) work to ensure that the correctional facility is staffed with teachers and other qualified staff who are trained to work with children and youth with disabilities taking into consider- ation the unique needs of such children and youth;
(6) ensure that educational programs in the correctional facility are related to assisting students to meet the chal- lenging State academic standards;
(7) to the extent possible, use technology to assist in co- ordinating educational programs between the correctional facil- ity and the community school;
(8) where feasible, involve parents in efforts to improve the educational achievement of their children and prevent the fur- ther involvement of such children in delinquent activities;
(9) coordinate funds received under this subpart with other local, State, and Federal funds available to provide services to participating children and youth, such as funds made available
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Sec. 1426 ESEA OF 1965 138
under title I of the Workforce Innovation and Opportunity Act, and career and technical education funds;
(10) coordinate programs operated under this subpart with activities funded under the Juvenile Justice and Delinquency Prevention Act of 1974 and other comparable programs, if ap- plicable;
(11) if appropriate, work with local businesses to develop training, curriculum-based youth entrepreneurship education, and mentoring programs for children and youth;
(12) upon the child’s or youth’s entry into the correctional facility, work with the child’s or youth’s family members and the local educational agency that most recently provided serv- ices to the child or youth (if applicable) to ensure that the rel- evant and appropriate academic records and plans regarding the continuation of educational services for such child or youth are shared jointly between the correctional facility and local educational agency in order to facilitate the transition of such children and youth between the local educational agency and the correctional facility; and
(13) consult with the local educational agency for a period jointly determined necessary by the correctional facility and local educational agency upon discharge from that facility, to coordinate educational services so as to minimize disruption to the child’s or youth’s achievement.
SEC. 1426. ø20 U.S.C. 6456¿ ACCOUNTABILITY. The State educational agency may—
(1) reduce or terminate funding for projects under this sub- part if a local educational agency does not show progress in the number of children and youth attaining a regular high school diploma or its recognized equivalent; and
(2) require correctional facilities or institutions for ne- glected or delinquent children and youth to demonstrate, after receiving assistance under this subpart for 3 years, that there has been an increase in the number of children and youth re- turning to school, attaining a regular high school diploma or its recognized equivalent, or attaining employment after such chil- dren and youth are released.
Subpart 3—General Provisions
SEC. 1431. ø20 U.S.C. 6471¿ PROGRAM EVALUATIONS.
(a) SCOPE OF EVALUATION.—Each State agency or local edu-
cational agency that conducts a program under subpart 1 or 2 shall evaluate the program, disaggregating data on participation by gen- der, race, ethnicity, and age while protecting individual student privacy,, not less than once every 3 years, to determine the pro- gram’s impact on the ability of participants—
(1) to maintain and improve educational achievement and to graduate from high school in the number of years estab- lished by the State under either the four-year adjusted cohort graduation rate or the extended-year adjusted cohort gradua- tion rate, if applicable;
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139 ESEA OF 1965 Sec. 1432
(2) to accrue school credits that meet State requirements for grade promotion and high school graduation;
(3) to make the transition to a regular program or other education program operated by a local educational agency or school operated or funded by the Bureau of Indian Education;
(4) to complete high school (or high school equivalency re- quirements) and obtain employment after leaving the correc- tional facility or institution for neglected or delinquent children and youth; and
(5) as appropriate, to participate in postsecondary edu- cation and job training programs.
(b) EXCEPTION.—The disaggregation required under subsection
(a) shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable informa- tion or the results would reveal personally identifiable information about an individual student.
(c) EVALUATION MEASURES.—In conducting each evaluation under subsection (a), a State agency or local educational agency shall use multiple and appropriate measures of student progress.
(d) EVALUATION RESULTS.—Each State agency and local edu- cational agency shall—
(1) submit evaluation results to the State educational agency and the Secretary; and
(2) use the results of evaluations under this section to plan and improve subsequent programs for participating children and youth.
SEC. 1432. ø20 U.S.C. 6472¿ DEFINITIONS. In this part:
(1) ADULT CORRECTIONAL INSTITUTION.—The term ‘‘adult correctional institution’’ means a facility in which persons (in- cluding persons under 21 years of age) are confined as a result of a conviction for a criminal offense.
(2) AT-RISK.—The term ‘‘at-risk’’, when used with respect to a child, youth, or student, means a school aged individual who is at-risk of academic failure, dependency adjudication, or delinquency adjudication, has a drug or alcohol problem, is pregnant or is a parent, has come into contact with the juve- nile justice system or child welfare system in the past, is at least 1 year behind the expected grade level for the age of the individual, is an English learner, is a gang member, has dropped out of school in the past, or has a high absenteeism rate at school.
(3) COMMUNITY DAY PROGRAM.—The term ‘‘community day program’’ means a regular program of instruction provided by a State agency at a community day school operated specifically for neglected or delinquent children and youth.
(4) INSTITUTION FOR NEGLECTED OR DELINQUENT CHILDREN AND YOUTH.—The term ‘‘institution for neglected or delinquent children and youth’’ means—
(A) a public or private residential facility, other than a foster home, that is operated for the care of children who have been committed to the institution or voluntarily placed in the institution under applicable State law, due to
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abandonment, neglect, or death of their parents or guard- ians; or
(B) a public or private residential facility for the care of children who have been adjudicated to be delinquent or in need of supervision.
February 1, 2023
PART E—FLEXIBILITY FOR EQUITABLE PER- PUPIL FUNDING
SEC. 1501. ø20 U.S.C. 6491¿ FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING.
(a) PURPOSE.—The purpose of the program under this section is to provide local educational agencies with flexibility to consoli- date eligible Federal funds and State and local education funding in order to create a single school funding system based on weighted per-pupil allocations for low-income and otherwise disadvantaged students.
(b) AUTHORITY.—
(1) IN GENERAL.—The Secretary is authorized to enter into
local flexibility demonstration agreements—
(A) for not more than 3 years with local educational
agencies that are selected under subsection (c) and submit proposed agreements that meet the requirements of sub- section (d); and
(B) under which such agencies may consolidate and use funds in accordance with subsection (d) in order to de- velop and implement a school funding system based on weighted per-pupil allocations for low-income and other- wise disadvantaged students.
(2) FLEXIBILITY.—Except as described in subsection
(d)(1)(I), the Secretary is authorized to waive, for local edu- cational agencies entering into agreements under this section, any provision of this Act that would otherwise prevent such agency from using eligible Federal funds as part of such agree- ment.
(c) SELECTION OF LOCAL EDUCATIONAL AGENCIES.—
(1) IN GENERAL.—The Secretary may enter into local flexi- bility demonstration agreements with not more than 50 local educational agencies with an approved application under sub-
section (d).
(2) SELECTION.—Each local educational agency shall be se-
lected based on such agency—
(A) submitting a proposed local flexibility demonstra-
tion agreement under subsection (d);
(B) demonstrating that the agreement meets the re-
quirements of such subsection; and
(C) agreeing to meet the continued demonstration re-
quirements under subsection (e).
(3) EXPANSION.—Beginning with the 2019–2020 academic year, the Secretary may extend funding flexibility authorized under this section to any local educational agency that submits and has approved an application under subsection (d), as long as a significant majority of the demonstration agreements with local educational agencies described in paragraph (1) meet the
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141 ESEA OF 1965 Sec. 1501
requirements of subsection (d)(2) and subsection (e)(1) as of the end of the 2018–2019 academic year.
(d) REQUIRED TERMS OF LOCAL FLEXIBILITY DEMONSTRATION
AGREEMENT.—
(1) APPLICATION.—Each local educational agency that de-
sires to participate in the program under this section shall sub- mit, at such time and in such form as the Secretary may pre- scribe, an application to enter into a local flexibility demonstra- tion agreement with the Secretary in order to develop and im- plement a school funding system based on weighted per-pupil allocations that meets the requirements of this section. The ap- plication shall include—
(A) a description of the school funding system based on weighted per-pupil allocations, including—
(i) the weights used to allocate funds within such system;
(ii) the local educational agency’s legal authority to use State and local education funds consistent with this section;
(iii) how such system will meet the requirements of paragraph (2); and
(iv) how such system will support the academic achievement of students, including low-income stu- dents, the lowest-achieving students, English learners, and children with disabilities;
(B) a list of funding sources, including eligible Federal funds, the local educational agency will include in such system;
(C) a description of the amount and percentage of total local educational agency funding, including State and local education funds and eligible Federal funds, that will be al- located through such system;
(D) the per-pupil expenditures (which shall include ac- tual personnel expenditures, including staff salary dif- ferentials for years of employment, and actual nonper- sonnel expenditures) of State and local education funds for each school served by the agency for the preceding fiscal year;
(E) the per-pupil amount of eligible Federal funds each school served by the agency received in the preceding fiscal year, disaggregated by the programs supported by the eli- gible Federal funds;
(F) a description of how such system will ensure that any eligible Federal funds allocated through the system will meet the purposes of each Federal program supported by such funds, including serving students from low-income families, English learners, migratory children, and chil- dren who are neglected, delinquent, or at risk, as applica- ble;
(G) an assurance that the local educational agency de- veloped and will implement the local flexibility demonstra- tion agreement in consultation with teachers, principals, other school leaders (including charter school leaders in a local educational agency that has charter schools), admin-
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ESEA OF 1965 142
istrators of Federal programs impacted by the agreement, parents, community leaders, and other relevant stake- holders;
(H) an assurance that the local educational agency will use fiscal control and sound accounting procedures that ensure proper disbursement of, and accounting for, el- igible Federal funds consolidated and used under such sys- tem;
(I) an assurance that the local educational agency will continue to meet the requirements of sections 1117, 1118, and 8501; and
(J) an assurance that the local educational agency will meet the requirements of all applicable Federal civil rights laws in carrying out the agreement and in consolidating and using funds under the agreement.
(2) REQUIREMENTS OF THE SYSTEM.—
(A) IN GENERAL.—A local educational agency’s school funding system based on weighted per-pupil allocations shall—
(i) except as allowed under clause (iv), allocate a significant portion of funds, including State and local education funds and eligible Federal funds, to the school level based on the number of students in a school and a formula developed by the agency under this section that determines per-pupil weighted amounts;
(ii) use weights or allocation amounts that allocate substantially more funding to English learners, stu- dents from low-income families, and students with any other characteristics associated with educational dis- advantage chosen by the local educational agency, than to other students;
(iii) ensure that each high-poverty school receives, in the first year of the demonstration agreement—
(I) more per-pupil funding, including from Federal, State, and local sources, for low-income students than such funding received for low-in- come students in the year prior to entering into a demonstration agreement under this section; and
(II) at least as much per-pupil funding, in- cluding from Federal, State, and local sources, for English learners as such funding received for English learners in the year prior to entering into a demonstration agreement under this section;
(iv) be used to allocate to schools a significant per-
centage, which shall be a percentage agreed upon dur- ing the application process, of all the local educational agency’s State and local education funds and eligible Federal funds; and
(v) include all school-level actual personnel ex- penditures for instructional staff (including staff sal- ary differentials for years of employment) and actual nonpersonnel expenditures in the calculation of the local educational agency’s State and local education
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143 ESEA OF 1965 Sec. 1501
funds and eligible Federal funds to be allocated under clause (i).
(B) PERCENTAGE.—In establishing the percentage de-
scribed in subparagraph (A)(iv) for the system, the local educational agency shall demonstrate that the percent- age—
(i) under such subparagraph is sufficient to carry out the purposes of the demonstration agreement under this section and to meet each of the require- ments of this subsection; and
(ii) of State and local education funds and eligible Federal funds that are not allocated through the local educational agency’s school funding system based on weighted per-pupil allocations, does not undermine or conflict with the requirements of the demonstration agreement under this section.
(C) EXPENDITURES.—After allocating funds through
the system, the local educational agency shall charge schools for the per-pupil expenditures of State and local education funds and eligible Federal funds, including ac- tual personnel expenditures (including staff salary dif- ferentials for years of employment) for instructional staff and actual nonpersonnel expenditures.
(e) CONTINUED DEMONSTRATION.—Each local educational agen- cy with an approved application under subsection (d) shall annu- ally—
(1) demonstrate to the Secretary that, as compared to the previous year, no high-poverty school served by the agency re- ceived—
(A) less per-pupil funding, including from Federal, State, and local sources, for low-income students; or
(B) less per-pupil funding, including from Federal, State, and local sources, for English learners;
(2) make public and report to the Secretary the per-pupil
expenditures (including actual personnel expenditures that in- clude staff salary differentials for years of employment, and ac- tual non-personnel expenditures) of State and local education funds and eligible Federal funds for each school served by the agency, disaggregated by each quartile of students attending the school based on student level of poverty and by each major racial or ethnic group in the school, for the preceding fiscal year;
(3) make public the total number of students enrolled in each school served by the agency and the number of students enrolled in each such school disaggregated by each of the sub- groups of students, as defined in section 1111(c)(2); and
(4) notwithstanding paragraph (1), (2), or (3), ensure that any information to be reported or made public under this sub- section is only reported or made public if such information does not reveal personally identifiable information.
(f) LIMITATIONS ON ADMINISTRATIVE EXPENDITURES.—Each
local educational agency that has entered into a local flexibility demonstration agreement with the Secretary under this section may use, for administrative purposes, an amount of eligible Federal
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Sec. 1501 ESEA OF 1965 144
funds that is not more than the percentage of funds allowed for such purposes under any of the following:
(1) This title.
(2) Title II.
(3) Title III.
(4) Part A of title IV. (5) Part B of title V.
(g) PEER REVIEW.—The Secretary may establish a peer-review process to assist in the review of a proposed local flexibility dem- onstration agreement.
(h) NONCOMPLIANCE.—The Secretary may, after providing no- tice and an opportunity for a hearing (including the opportunity to provide supporting evidence as provided for in subsection (i)), ter- minate a local flexibility demonstration agreement under this sec- tion if there is evidence that the local educational agency has failed to comply with the terms of the agreement and the requirements under subsections (d) and (e).
(i) EVIDENCE.—If a local educational agency believes that the Secretary’s determination under subsection (h) is in error for statis- tical or other substantive reasons, the local educational agency may provide supporting evidence to the Secretary, and the Secretary shall consider that evidence before making a final determination.
(j) PROGRAM EVALUATION.—From the amount reserved for eval- uation activities under section 8601, the Secretary, acting through the Director of the Institute of Education Sciences, shall, in con- sultation with the relevant program office at the Department, evaluate—
(1) the implementation of the local flexibility demonstra- tion agreements under this section; and
(2) the impact of such agreements on improving the equi- table distribution of State and local funding and increasing student achievement.
(k) RENEWAL OF LOCAL FLEXIBILITY DEMONSTRATION AGREE-
MENT.—The Secretary may renew for additional 3-year terms a local flexibility demonstration agreement under this section if—
(1) the local educational agency has met the requirements under subsections (d)(2) and (e) and agrees to, and has a high likelihood of, continuing to meet such requirements; and
(2) the Secretary determines that renewing the local flexi- bility demonstration agreement is in the interest of students served under this title and title III.
(l) DEFINITIONS.—In this section:
(1) ELIGIBLE FEDERAL FUNDS.—The term ‘‘eligible Federal funds’’ means funds received by a local educational agency under—
(A) this title;
(B) title II;
(C) title III;
(D) part A of title IV; and (E) part B of title V.
(2)
school’’ means a school that is in the highest 2 quartiles of schools served by a local educational agency, based on the per- centage of enrolled students from low-income families.
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HIGH-POVERTY SCHOOL.—The term ‘‘high-poverty
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145 ESEA OF 1965 Sec. 1601
PART F—GENERAL PROVISIONS
SEC. 1601. ø20 U.S.C. 6571¿ FEDERAL REGULATIONS.
(a) IN GENERAL.—The Secretary may issue, in accordance with
subsections (b) through (d) and subject to section 1111(e), such reg- ulations as are necessary to reasonably ensure that there is compli- ance with this title.
(b) NEGOTIATED RULEMAKING PROCESS.—
(1) IN GENERAL.—Before publishing in the Federal Register
proposed regulations to carry out this title, the Secretary shall obtain the advice and recommendations of representatives of Federal, State, and local administrators, parents, teachers, principals, other school leaders (including charter school lead- ers), paraprofessionals, and members of local school boards and other organizations involved with the implementation and op- eration of programs under this title.
(2) MEETINGS AND ELECTRONIC EXCHANGE.—Such advice and recommendations may be obtained through such mecha- nisms as regional meetings and electronic exchanges of infor- mation. Such regional meetings and electronic exchanges of in- formation shall be public and notice of such meetings and ex- changes shall be provided to interested stakeholders.
(3) PROPOSED REGULATIONS.—After obtaining such advice and recommendations, and before publishing proposed regula- tions, the Secretary shall—
(A) establish a negotiated rulemaking process on, at a minimum, standards, assessments under section 1111(b)(2), and the requirement under section 1118 that funds under part A be used to supplement, and not sup- plant, State and local funds;
(B) select individuals to participate in such process from among individuals or groups that provided advice and recommendations, including representation from all geo- graphic regions of the United States, in such numbers as will provide an equitable balance between representatives of parents and students and representatives of educators and education officials; and
(C) prepare a draft of proposed policy options that shall be provided to the individuals selected by the Sec- retary under subparagraph (B) not less than 15 days be- fore the first meeting under such process.
(4) PROCESS.—Such process—
(A) shall not be subject to chapter 10 of title 5, United States Code; and
(B) shall, unless otherwise provided as described in subsection (c), follow the provisions of subchapter III of chapter 5 of title V, United States Code (commonly known as the ‘‘Negotiated Rulemaking Act of 1990’’).
(c) ALTERNATIVE PROCESS FOR CERTAIN EXCEPTIONS.—If con- sensus, as defined in section 562 of title 5, United States Code, on any proposed regulation is not reached by the individuals selected under subsection (b)(3)(B) for the negotiated rulemaking process, or if the Secretary determines that a negotiated rulemaking process
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Sec. 1601 ESEA OF 1965 146
is unnecessary, the Secretary may propose a regulation in the fol- lowing manner:
(1) NOTICE TO CONGRESS.—Not less than 15 business days prior to issuing a notice of proposed rulemaking in the Federal Register, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, and other relevant congressional committees, notice of the Secretary’s intent to issue a notice of proposed rulemaking that shall include—
(A) a copy of the proposed regulation;
(B) the need to issue the regulation;
(C) the anticipated burden, including the time, cost,
and paperwork burden, the regulation will impose on State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation;
(D) the anticipated benefits to State educational agen- cies, local educational agencies, schools, and other entities that may be impacted by the regulation; and
(E) any regulations that will be repealed when the new regulation is issued.
(2) COMMENT PERIOD FOR CONGRESS.—The Secretary
shall—
(A) before issuing any notice of proposed rulemaking
under this subsection, provide Congress with a comment period of 15 business days to make comments on the pro- posed regulation, beginning on the date that the Secretary provides the notice of intent to the appropriate committees of Congress under paragraph (1); and
(B) include and seek to address all comments sub- mitted by Congress in the public rulemaking record for the regulation published in the Federal Register.
(3) COMMENT AND REVIEW PERIOD; EMERGENCY SITUA-
TIONS.—The comment and review period for any proposed reg- ulation shall be not less than 60 days unless an emergency re- quires a shorter period, in which case the Secretary shall—
(A) designate the proposed regulation as an emergency with an explanation of the emergency in the notice to Con- gress under paragraph (1);
(B) publish the length of the comment and review pe- riod in such notice and in the Federal Register; and
(C) conduct immediately thereafter regional meetings to review such proposed regulation before issuing any final regulation.
(d) LIMITATION.—Regulations to carry out this title may not re- quire local programs to follow a particular instructional model, such as the provision of services outside the regular classroom or school program.
(e) RULE OF CONSTRUCTION.—Nothing in this section affects the applicability of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ‘‘Administra- tive Procedure Act’’) or chapter 8 of title 5, United States Code (commonly known as the ‘‘Congressional Review Act’’).
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147 ESEA OF 1965 Sec. 1603
SEC. 1602. ø20 U.S.C. 6572¿ AGREEMENTS AND RECORDS.
(a) AGREEMENTS.—In any case in which a negotiated rule- making process is established under section 1601(b), all published proposed regulations shall conform to agreements that result from the rulemaking described in section 1601 unless the Secretary re-
opens the negotiated rulemaking process.
(b) RECORDS.—The Secretary shall ensure that an accurate and
reliable record of agreements reached during the negotiations proc- ess is maintained.
SEC. 1603. ø20 U.S.C. 6573¿ STATE ADMINISTRATION. (a) RULEMAKING.—
(1) IN GENERAL.—Each State that receives funds under this title shall—
(A) ensure that any State rules, regulations, and poli- cies relating to this title conform to the purposes of this title and provide any such proposed rules, regulations, and policies to the committee of practitioners created under subsection (b) for review and comment;
(B) minimize such rules, regulations, and policies to which the State’s local educational agencies and schools are subject;
(C) eliminate or modify State and local fiscal account- ing requirements in order to facilitate the ability of schools to consolidate funds under schoolwide programs;
(D) identify any such rule, regulation, or policy as a State-imposed requirement; and
(E)(i) identify any duplicative or contrasting require- ments between the State and Federal rules or regulations; and
(ii) eliminate the State rules and regulations that are duplicative of Federal requirements.
(2) SUPPORT AND FACILITATION.—State rules, regulations,
and policies under this title shall support and facilitate local educational agency and school-level systemic reform designed to enable all children to meet the challenging State academic standards.
(b) COMMITTEE OF PRACTITIONERS.—
(1) IN GENERAL.—Each State educational agency that re-
ceives funds under this title shall create a State committee of practitioners to advise the State in carrying out its responsibil- ities under this title.
(2) MEMBERSHIP.—Each such committee shall include—
(A) as a majority of its members, representatives from
local educational agencies;
(B) administrators, including the administrators of
programs described in other parts of this title;
(C) teachers from traditional public schools and char- ter schools (if there are charter schools in the State) and
career and technical educators;
(D) principals and other school leaders;
(E) parents;
(F) members of local school boards;
(G) representatives of private school children;
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Sec. 1604
ESEA OF 1965 148
(H) specialized instructional support personnel and paraprofessionals;
(I) representatives of authorized public chartering agencies (if there are charter schools in the State); and
(J) charter school leaders (if there are charter schools in the State).
February 1, 2023
(3) DUTIES.—The duties of such committee shall include a review, before publication, of any proposed or final State rule or regulation pursuant to this title. In an emergency situation where such rule or regulation must be issued within a very limited time to assist local educational agencies with the oper- ation of the program under this title, the State educational agency may issue a regulation without prior consultation, but shall immediately thereafter convene the State committee of practitioners to review the emergency regulation before issuance in final form.
SEC. 1604. ø20 U.S.C. 6575¿ PROHIBITION AGAINST FEDERAL MAN- DATES, DIRECTION, OR CONTROL.
Nothing in this title shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or con- trol a State, local educational agency, or school’s specific instruc- tional content, academic achievement standards and assessments, curriculum, or program of instruction.
SEC. 1605. ø20 U.S.C. 6576¿ RULE OF CONSTRUCTION ON EQUALIZED SPENDING.
Nothing in this title shall be construed to mandate equalized spending per pupil for a State, local educational agency, or school.
TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACH- ERS, PRINCIPALS, OR OTHER SCHOOL LEADERS
SEC. 2001. ø20 U.S.C. 6601¿ PURPOSE.
The purpose of this title is to provide grants to State edu-
cational agencies and subgrants to local educational agencies to— (1) increase student achievement consistent with the chal-
lenging State academic standards;
(2) improve the quality and effectiveness of teachers, prin-
cipals, and other school leaders;
(3) increase the number of teachers, principals, and other
school leaders who are effective in improving student academic achievement in schools; and
(4) provide low-income and minority students greater ac- cess to effective teachers, principals, and other school leaders.
SEC. 2002. ø20 U.S.C. 6602¿ DEFINITIONS. In this title:
(1) SCHOOL LEADER RESIDENCY PROGRAM.—The term ‘‘school leader residency program’’ means a school-based prin- cipal or other school leader preparation program in which a prospective principal or other school leader—
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149 ESEA OF 1965 Sec. 2002
(A) for 1 academic year, engages in sustained and rig- orous clinical learning with substantial leadership respon- sibilities and an opportunity to practice and be evaluated in an authentic school setting; and
(B) during that academic year—
(i) participates in evidence-based coursework, to
the extent the State (in consultation with local edu- cational agencies in the State) determines that such evidence is reasonably available, that is integrated with the clinical residency experience; and
(ii) receives ongoing support from a mentor prin- cipal or other school leader, who is effective.
(2) STATE.—The term ‘‘State’’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
(3) STATE AUTHORIZER.—The term ‘‘State authorizer’’ means an entity designated by the Governor of a State to rec- ognize teacher, principal, or other school leader preparation academies within the State that—
(A) enters into an agreement with a teacher, principal, or other school leader preparation academy that specifies the goals expected of the academy, as described in para- graph (4)(A)(i);
(B) may be a nonprofit organization, State educational agency, or other public entity, or consortium of such enti- ties (including a consortium of States); and
(C) does not reauthorize a teacher, principal, or other school leader preparation academy if the academy fails to produce the minimum number or percentage of effective teachers or principals or other school leaders, respectively (as determined by the State), identified in the academy’s authorizing agreement.
(4) TEACHER, PRINCIPAL, OR OTHER SCHOOL LEADER PREPA-
RATION ACADEMY.—The term ‘‘teacher, principal, or other school leader preparation academy’’ means a public or other nonprofit entity, which may be an institution of higher edu- cation or an organization affiliated with an institution of high- er education, that establishes an academy that will prepare teachers, principals, or other school leaders to serve in high- needs schools, and that—
(A) enters into an agreement with a State authorizer that specifies the goals expected of the academy, includ- ing—
(i) a requirement that prospective teachers, prin- cipals, or other school leaders who are enrolled in the academy receive a significant part of their training through clinical preparation that partners the prospec- tive candidate with an effective teacher, principal, or other school leader, as determined by the State, re- spectively, with a demonstrated record of increasing student academic achievement, including for the sub- groups of students defined in section 1111(c)(2), while also receiving concurrent instruction from the acad- emy in the content area (or areas) in which the pro-
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Sec. 2002
ESEA OF 1965 150
spective teacher, principal, or other school leader will become certified or licensed that links to the clinical preparation experience;
(ii) the number of effective teachers, principals, or other school leaders, respectively, who will dem- onstrate success in increasing student academic achievement that the academy will prepare; and
(iii) a requirement that the academy will award a certificate of completion (or degree, if the academy is, or is affiliated with, an institution of higher education) to a teacher only after the teacher demonstrates that the teacher is an effective teacher, as determined by the State, with a demonstrated record of increasing student academic achievement either as a student teacher or teacher-of-record on an alternative certifi- cate, license, or credential;
(iv) a requirement that the academy will award a certificate of completion (or degree, if the academy is, or is affiliated with, an institution of higher education) to a principal or other school leader only after the principal or other school leader demonstrates a record of success in improving student performance; and
(v) timelines for producing cohorts of graduates and conferring certificates of completion (or degrees, if the academy is, or is affiliated with, an institution of higher education) from the academy;
(B) does not have unnecessary restrictions on the
methods the academy will use to train prospective teacher, principal, or other school leader candidates, including—
(i) obligating (or prohibiting) the academy’s faculty to hold advanced degrees or conduct academic re- search;
(ii) restrictions related to the academy’s physical infrastructure;
(iii) restrictions related to the number of course credits required as part of the program of study;
(iv) restrictions related to the undergraduate coursework completed by teachers teaching or working on alternative certificates, licenses, or credentials, as long as such teachers have successfully passed all rel- evant State-approved content area examinations; or
(v) restrictions related to obtaining accreditation from an accrediting body for purposes of becoming an academy;
(C) limits admission to its program to prospective
teacher, principal, or other school leader candidates who demonstrate strong potential to improve student academic achievement, based on a rigorous selection process that re- views a candidate’s prior academic achievement or record of professional accomplishment; and
(D) results in a certificate of completion or degree that the State may, after reviewing the academy’s results in producing effective teachers, or principals, or other school leaders, respectively (as determined by the State) recog-
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151 ESEA OF 1965 Sec. 2101
nize as at least the equivalent of a master’s degree in edu- cation for the purposes of hiring, retention, compensation, and promotion in the State.
(5) TEACHER RESIDENCY PROGRAM.—The term ‘‘teacher
residency program’’ means a school-based teacher preparation program in which a prospective teacher—
(A) for not less than 1 academic year, teaches along- side an effective teacher, as determined by the State or local educational agency, who is the teacher of record for the classroom;
(B) receives concurrent instruction during the year de- scribed in subparagraph (A)—
(i) through courses that may be taught by local educational agency personnel or by faculty of the teacher preparation program; and
(ii) in the teaching of the content area in which the teacher will become certified or licensed; and
(C) acquires effective teaching skills, as demonstrated
through completion of a residency program, or other meas- ure determined by the State, which may include a teacher performance assessment.
SEC. 2003. ø20 U.S.C. 6603¿ AUTHORIZATION OF APPROPRIATIONS.
(a) GRANTS TO STATES AND LOCAL EDUCATIONAL AGENCIES.— For the purpose of carrying out part A, there are authorized to be appropriated $2,295,830,000 for each of fiscal years 2017 through
2020.
(b) NATIONAL ACTIVITIES.—For the purpose of carrying out part
B, there are authorized to be appropriated—
(1) $468,880,575 for each of fiscal years 2017 and 2018; (2) $469,168,000 for fiscal year 2019; and
(3) $489,168,000 for fiscal year 2020.
PART A—SUPPORTING EFFECTIVE INSTRUCTION
SEC. 2101. ø20 U.S.C. 6611¿ FORMULA GRANTS TO STATES.
(a) RESERVATION OF FUNDS.—From the total amount appro- priated under section 2003(a) for a fiscal year, the Secretary shall
reserve—
(1) one-half of 1 percent for allotments for the United
States Virgin Islands, Guam, American Samoa, and the Com- monwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the pur- pose of this title; and
(2) one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education.
(b) STATE ALLOTMENTS.—
(1) HOLD HARMLESS.—
(A) FISCAL YEARS 2017 THROUGH 2022.—For each of fis-
cal years 2017 through 2022, subject to paragraph (2) and subparagraph (C), from the funds appropriated under sec-
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Sec. 2101
ESEA OF 1965 152
tion 2003(a) for a fiscal year that remain after the Sec- retary makes the reservations under subsection (a), the Secretary shall allot to each State an amount equal to the total amount that such State received for fiscal year 2001 under—
(i) section 2202(b) of this Act (as in effect on the day before the date of enactment of the No Child Left Behind Act of 2001); and
(ii) section 306 of the Department of Education Appropriations Act, 2001 (as enacted into law by sec- tion 1(a)(1) of Public Law 106–554).
(B) RATABLE REDUCTION.—If the funds described in
subparagraph (A) are insufficient to pay the full amounts that all States are eligible to receive under subparagraph (A) for any fiscal year, the Secretary shall ratably reduce those amounts for the fiscal year.
(C) PERCENTAGE REDUCTION.—For each of fiscal years 2017 through 2022, the amount in subparagraph (A) shall be reduced by a percentage equal to the product of 14.29 percent and the number of years between the fiscal year for which the determination is being made and fiscal year 2016.
(2) ALLOTMENT OF ADDITIONAL FUNDS.—
(A) IN GENERAL.—Subject to subparagraph (B), for any fiscal year for which the funds appropriated under section 2003(a) and not reserved under subsection (a) exceed the total amount required to make allotments under para- graph (1), the Secretary shall allot to each State the sum of—
(i) for fiscal year 2017—
(I) an amount that bears the same relation-
ship to 35 percent of the excess amount as the number of individuals aged 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and
(II) an amount that bears the same relation- ship to 65 percent of the excess amount as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined;
(ii) for fiscal year 2018—
(I) an amount that bears the same relation- ship to 30 percent of the excess amount as the number of individuals aged 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and
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153 ESEA OF 1965 Sec. 2101
(II) an amount that bears the same relation- ship to 70 percent of the excess amount as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined;
(iii) for fiscal year 2019—
(I) an amount that bears the same relation- ship to 25 percent of the excess amount as the number of individuals aged 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and
(II) an amount that bears the same relation- ship to 75 percent of the excess amount as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and
(iv) for fiscal year 2020 through fiscal year 2022—
(I) an amount that bears the same relation- ship to 20 percent of the excess amount as the number of individuals aged 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and
(II) an amount that bears the same relation- ship to 80 percent of the excess amount as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined.
(B) EXCEPTION.—No State receiving an allotment under subparagraph (A) may receive less than one-half of 1 percent of the total excess amount allotted under such subparagraph for a fiscal year.
(3) FISCAL YEAR 2023 4 AND SUCCEEDING FISCAL YEARS.—For
fiscal year 2023 and each of the succeeding fiscal years—
(A) the Secretary shall allot funds appropriated under section 2003(a) and not reserved under subsection (a) to
each State in accordance with paragraph (2)(A)(iv); and
4 Section 315 of Division H of Public Law 116-260 amended section 2101(b)(3) by striking ‘‘2021’’ both places it appears and inserting ‘‘2023’’ in its place. The amendment was executed to reflect the probable intent of Congress.
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Sec. 2101 ESEA OF 1965 154
(B) the amount appropriated but not reserved shall be treated as the excess amount.
(4) REALLOTMENT.—If any State does not apply for an al-
lotment under this subsection for any fiscal year, the Secretary shall reallot the amount of the allotment to the remaining States in accordance with this subsection.
(c) STATE USES OF FUNDS.—
(1) IN GENERAL.—Except as provided under paragraph (3), each State that receives an allotment under subsection (b) for a fiscal year shall reserve not less than 95 percent of such al- lotment to make subgrants to local educational agencies for such fiscal year, as described in section 2102.
(2) STATE ADMINISTRATION.—A State educational agency may use not more than 1 percent of the amount allotted to such State under subsection (b) for the administrative costs of carrying out such State educational agency’s responsibilities under this part.
(3) PRINCIPALS OR OTHER SCHOOL LEADERS.—Notwith- standing paragraph (1) and in addition to funds otherwise available for activities under paragraph (4), a State edu- cational agency may reserve not more than 3 percent of the amount reserved for subgrants to local educational agencies under paragraph (1) for one or more of the activities for prin- cipals or other school leaders that are described in paragraph (4).
(4) STATE ACTIVITIES.—
(A) IN GENERAL.—The State educational agency for a
State that receives an allotment under subsection (b) may use funds not reserved under paragraph (1) to carry out 1 or more of the activities described in subparagraph (B), which may be implemented in conjunction with a State agency of higher education (if such agencies are separate) and carried out through a grant or contract with a for-prof- it or nonprofit entity, including an institution of higher education.
(B) TYPES OF STATE ACTIVITIES.—The activities de- scribed in this subparagraph are the following:
(i) Reforming teacher, principal, or other school leader certification, recertification, licensing, or tenure systems or preparation program standards and ap- proval processes to ensure that—
(I) teachers have the necessary subject-matter knowledge and teaching skills, as demonstrated through measures determined by the State, which may include teacher performance assessments, in the academic subjects that the teachers teach to help students meet challenging State academic standards;
(II) principals or other school leaders have the instructional leadership skills to help teachers teach and to help students meet such challenging State academic standards; and
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155 ESEA OF 1965 Sec. 2101
(III) teacher certification or licensing require- ments are aligned with such challenging State academic standards.
(ii) Developing, improving, or providing assistance
to local educational agencies to support the design and implementation of teacher, principal, or other school leader evaluation and support systems that are based in part on evidence of student academic achievement, which may include student growth, and shall include multiple measures of educator performance and pro- vide clear, timely, and useful feedback to teachers, principals, or other school leaders, such as by—
(I) developing and disseminating high-quality evaluation tools, such as classroom observation ru- brics, and methods, including training and audit- ing, for ensuring inter-rater reliability of evalua- tion results;
(II) developing and providing training to prin- cipals, other school leaders, coaches, mentors, and evaluators on how to accurately differentiate per- formance, provide useful and timely feedback, and use evaluation results to inform decisionmaking about professional development, improvement strategies, and personnel decisions; and
(III) developing a system for auditing the quality of evaluation and support systems.
(iii) Improving equitable access to effective teach-
ers.
(iv) Carrying out programs that establish, expand,
or improve alternative routes for State certification of teachers (especially for teachers of children with dis- abilities, English learners, science, technology, engi- neering, mathematics, or other areas where the State experiences a shortage of educators), principals, or other school leaders, for—
(I) individuals with a baccalaureate or mas- ter’s degree, or other advanced degree;
(II) mid-career professionals from other occu- pations;
(III) paraprofessionals;
(IV) former military personnel; and
(V) recent graduates of institutions of higher
education with records of academic distinction who demonstrate the potential to become effective teachers, principals, or other school leaders.
(v) Developing, improving, and implementing
mechanisms to assist local educational agencies and schools in effectively recruiting and retaining teachers, principals, or other school leaders who are effective in improving student academic achievement, including effective teachers from underrepresented minority groups and teachers with disabilities, such as through—
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(I) opportunities for effective teachers to lead evidence-based (to the extent the State determines that such evidence is reasonably available) profes- sional development for the peers of such effective teachers; and
(II) providing training and support for teacher leaders and principals or other school leaders who are recruited as part of instructional leadership teams.
(vi) Fulfilling the State educational agency’s re-
sponsibilities concerning proper and efficient adminis- tration and monitoring of the programs carried out under this part, including provision of technical assist- ance to local educational agencies.
(vii) Developing, or assisting local educational agencies in developing—
(I) career opportunities and advancement ini- tiatives that promote professional growth and em- phasize multiple career paths, such as instruc- tional coaching and mentoring (including hybrid roles that allow instructional coaching and men- toring while remaining in the classroom), school leadership, and involvement with school improve- ment and support;
(II) strategies that provide differential pay, or other incentives, to recruit and retain teachers in high-need academic subjects and teachers, prin- cipals, or other school leaders, in low-income schools and school districts, which may include performance-based pay systems; and
(III) new teacher, principal, or other school leader induction and mentoring programs that are, to the extent the State determines that such evidence is reasonably available, evidence-based, and designed to—
(aa) improve classroom instruction and student learning and achievement, including through improving school leadership pro- grams; and
(bb) increase the retention of effective teachers, principals, or other school leaders.
(viii) Providing assistance to local educational agencies for the development and implementation of high-quality professional development programs for principals that enable the principals to be effective and prepare all students to meet the challenging State academic standards.
(ix) Supporting efforts to train teachers, prin- cipals, or other school leaders to effectively integrate technology into curricula and instruction, which may include training to assist teachers in implementing blended learning (as defined in section 4102(1)) projects.
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157 ESEA OF 1965 Sec. 2101
(x) Providing training, technical assistance, and capacity-building to local educational agencies that re- ceive a subgrant under this part.
(xi) Reforming or improving teacher, principal, or other school leader preparation programs, such as through establishing teacher residency programs and school leader residency programs.
(xii) Establishing or expanding teacher, principal, or other school leader preparation academies, with an amount of the funds described in subparagraph (A) that is not more than 2 percent of the State’s allot- ment, if—
(I) allowable under State law;
(II) the State enables candidates attending a teacher, principal, or other school leader prepara- tion academy to be eligible for State financial aid to the same extent as participants in other State- approved teacher or principal preparation pro- grams, including alternative certification, licen- sure, or credential programs; and
(III) the State enables teachers, principals, or other school leaders who are teaching or working while on alternative certificates, licenses, or cre- dentials to teach or work in the State while en- rolled in a teacher, principal, or other school lead- er preparation academy.
(xiii) Supporting the instructional services pro-
vided by effective school library programs.
(xiv) Developing, or assisting local educational
agencies in developing, strategies that provide teach- ers, principals, or other school leaders with the skills, credentials, or certifications needed to educate all stu- dents in postsecondary education coursework through early college high school or dual or concurrent enroll- ment programs.
(xv) Providing training for all school personnel, in- cluding teachers, principals, other school leaders, spe- cialized instructional support personnel, and para- professionals, regarding how to prevent and recognize child sexual abuse.
(xvi) Supporting opportunities for principals, other school leaders, teachers, paraprofessionals, early child- hood education program directors, and other early childhood education program providers to participate in joint efforts to address the transition to elementary school, including issues related to school readiness.
(xvii) Developing and providing professional devel- opment and other comprehensive systems of support for teachers, principals, or other school leaders to pro- mote high-quality instruction and instructional leader- ship in science, technology, engineering, and mathe- matics subjects, including computer science.
(xviii) Supporting the professional development and improving the instructional strategies of teachers,
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Sec. 2101
ESEA OF 1965 158
principals, or other school leaders to integrate career and technical education content into academic instruc- tional practices, which may include training on best practices to understand State and regional workforce needs and transitions to postsecondary education and the workforce.
(xix) Enabling States, as a consortium, to volun- tarily develop a process that allows teachers who are licensed or certified in a participating State to teach in other participating States without completing addi- tional licensure or certification requirements, except that nothing in this clause shall be construed to allow the Secretary to exercise any direction, supervision, or control over State teacher licensing or certification re- quirements.
(xx) Supporting and developing efforts to train teachers on the appropriate use of student data to en- sure that individual student privacy is protected as re- quired by section 444 of the General Education Provi- sions Act (commonly known as the ‘‘Family Edu- cational Rights and Privacy Act of 1974’’) (20 U.S.C. 1232g) and in accordance with State student privacy laws and local educational agency student privacy and technology use policies.
(xxi) Supporting other activities identified by the State that are, to the extent the State determines that such evidence is reasonably available, evidence-based and that meet the purpose of this title.
(d) STATE APPLICATION.—
(1) IN GENERAL.—In order to receive an allotment under
this section for any fiscal year, a State shall submit an applica- tion to the Secretary at such time and in such manner as the Secretary may reasonably require.
(2) CONTENTS.—Each application described under para- graph (1) shall include the following:
(A) A description of how the State educational agency will use funds received under this title for State-level ac- tivities described in subsection (c).
(B) A description of the State’s system of certification and licensing of teachers, principals, or other school lead- ers.
(C) A description of how activities under this part are aligned with challenging State academic standards.
(D) A description of how the activities carried out with funds under this part are expected to improve student achievement.
(E) If a State educational agency plans to use funds under this part to improve equitable access to effective teachers, consistent with section 1111(g)(1)(B), a descrip- tion of how such funds will be used for such purpose.
(F) If applicable, a description of how the State edu- cational agency will work with local educational agencies in the State to develop or implement State or local teacher, principal, or other school leader evaluation and support
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159 ESEA OF 1965 Sec. 2101
systems that meet the requirements of subsection (c)(4)(B)(ii).
(G) An assurance that the State educational agency will monitor the implementation of activities under this part and provide technical assistance to local educational agencies in carrying out such activities.
(H) An assurance that the State educational agency will work in consultation with the entity responsible for teacher, principal, or other school leader professional standards, certification, and licensing for the State, and encourage collaboration between educator preparation pro- grams, the State, and local educational agencies to pro- mote the readiness of new educators entering the profes- sion.
(I) An assurance that the State educational agency will comply with section 8501 (regarding participation by private school children and teachers).
(J) A description of how the State educational agency will improve the skills of teachers, principals, or other school leaders in order to enable them to identify students with specific learning needs, particularly children with dis- abilities, English learners, students who are gifted and tal- ented, and students with low literacy levels, and provide instruction based on the needs of such students.
(K) A description of how the State will use data and ongoing consultation as described in paragraph (3) to con- tinually update and improve the activities supported under this part.
(L) A description of how the State educational agency will encourage opportunities for increased autonomy and flexibility for teachers, principals, or other school leaders, such as by establishing innovation schools that have a high degree of autonomy over budget and operations, are transparent and accountable to the public, and lead to im- proved academic outcomes for students.
(M) A description of actions the State may take to im- prove preparation programs and strengthen support for teachers, principals, or other school leaders based on the needs of the State, as identified by the State educational agency.
(3) CONSULTATION.—In developing the State application
under this subsection, a State shall—
(A) meaningfully consult with teachers, principals,
other school leaders, paraprofessionals (including organiza- tions representing such individuals), specialized instruc- tional support personnel, charter school leaders (in a State that has charter schools), parents, community partners, and other organizations or partners with relevant and demonstrated expertise in programs and activities de- signed to meet the purpose of this title;
(B) seek advice from the individuals, organizations, or partners described in subparagraph (A) regarding how best to improve the State’s activities to meet the purpose of this title; and
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Sec. 2102 ESEA OF 1965 160
(C) coordinate the State’s activities under this part with other related strategies, programs, and activities being conducted in the State.
(4) LIMITATION.—Consultation required under paragraph
(3) shall not interfere with the timely submission of the appli- cation required under this section.
(e) PROHIBITION.—Nothing in this section shall be construed to
authorize the Secretary or any other officer or employee of the Fed- eral Government to mandate, direct, or control any of the following: (1) The development, improvement, or implementation of elements of any teacher, principal, or other school leader eval-
uation system.
(2) Any State or local educational agency’s definition of
teacher, principal, or other school leader effectiveness.
(3) Any teacher, principal, or other school leader profes-
sional standards, certification, or licensing.
SEC. 2102. ø20 U.S.C. 6612¿ SUBGRANTS TO LOCAL EDUCATIONAL AGEN- CIES.
(a) ALLOCATION OF FUNDS TO LOCAL EDUCATIONAL AGEN- CIES.—
(1) IN GENERAL.—From funds reserved by a State under section 2101(c)(1) for a fiscal year, the State, acting through the State educational agency, shall award subgrants to eligible local educational agencies from allocations described in para- graph (2).
(2) ALLOCATION FORMULA.—From the funds described in paragraph (1), the State educational agency shall allocate to each of the eligible local educational agencies in the State for a fiscal year the sum of—
(A) an amount that bears the same relationship to 20 percent of such funds for such fiscal year as the number of individuals aged 5 through 17 in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all eligible local educational agencies in the State, as so determined; and
(B) an amount that bears the same relationship to 80 percent of the funds for such fiscal year as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the eligi- ble local educational agencies in the State, as so deter- mined.
(3) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to prohibit a consortium of local educational agen- cies that are designated with a locale code of 41, 42, or 43, or such local educational agencies designated with a locale code of 41, 42, or 43 that work in cooperation with an educational service agency, from voluntarily combining allocations received under this part for the collective use of funding by the consor- tium for activities under this section.
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161 ESEA OF 1965 Sec. 2102
(b) LOCAL APPLICATIONS.—
(1) IN GENERAL.—To be eligible to receive a subgrant
under this section, a local educational agency shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require.
(2) CONTENTS OF APPLICATION.—Each application sub- mitted under paragraph (1) shall include the following:
(A) A description of the activities to be carried out by the local educational agency under this section and how these activities will be aligned with challenging State aca- demic standards.
(B) A description of the local educational agency’s sys- tems of professional growth and improvement, such as in- duction for teachers, principals, or other school leaders and opportunities for building the capacity of teachers and op- portunities to develop meaningful teacher leadership.
(C) A description of how the local educational agency will prioritize funds to schools served by the agency that are implementing comprehensive support and improve- ment activities and targeted support and improvement ac- tivities under section 1111(d) and have the highest per- centage of children counted under section 1124(c).
(D) A description of how the local educational agency will use data and ongoing consultation described in para- graph (3) to continually update and improve activities sup- ported under this part.
(E) An assurance that the local educational agency will comply with section 8501 (regarding participation by private school children and teachers).
(F) An assurance that the local educational agency will coordinate professional development activities author- ized under this part with professional development activi- ties provided through other Federal, State, and local pro- grams.
(3) CONSULTATION.—In developing the application de-
scribed in paragraph (2), a local educational agency shall—
(A) meaningfully consult with teachers, principals, other school leaders, paraprofessionals (including organiza- tions representing such individuals), specialized instruc- tional support personnel, charter school leaders (in a local educational agency that has charter schools), parents, com- munity partners, and other organizations or partners with relevant and demonstrated expertise in programs and ac-
tivities designed to meet the purpose of this title;
(B) seek advice from the individuals and organizations described in subparagraph (A) regarding how best to im- prove the local educational agency’s activities to meet the
purpose of this title; and
(C) coordinate the local educational agency’s activities
under this part with other related strategies, programs, and activities being conducted in the community.
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Sec. 2103 ESEA OF 1965 162
(4) LIMITATION.—Consultation required under paragraph (3) shall not interfere with the timely submission of the appli- cation required under this section.
SEC. 2103. ø20 U.S.C. 6613¿ LOCAL USES OF FUNDS.
(a) IN GENERAL.—A local educational agency that receives a
subgrant under section 2102 shall use the funds made available through the subgrant to develop, implement, and evaluate com- prehensive programs and activities described in subsection (b), which may be carried out—
(1) through a grant or contract with a for-profit or non- profit entity; or
(2) in partnership with an institution of higher education or an Indian tribe or tribal organization (as such terms are de- fined under section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)).
(b) TYPES OF ACTIVITIES.—The programs and activities de-
scribed in this subsection—
(1) shall be in accordance with the purpose of this title;
(2) shall address the learning needs of all students, includ-
ing children with disabilities, English learners, and gifted and talented students; and
(3) may include, among other programs and activities—
(A) developing or improving a rigorous, transparent, and fair evaluation and support system for teachers, prin-
cipals, or other school leaders that—
(i) is based in part on evidence of student achieve-
ment, which may include student growth; and
(ii) shall include multiple measures of educator performance and provide clear, timely, and useful feedback to teachers, principals, or other school lead-
ers;
(B) developing and implementing initiatives to assist in recruiting, hiring, and retaining effective teachers, par- ticularly in low-income schools with high percentages of in- effective teachers and high percentages of students who do not meet the challenging State academic standards, to im- prove within-district equity in the distribution of teachers, consistent with section 1111(g)(1)(B), such as initiatives that provide—
(i) expert help in screening candidates and ena- bling early hiring;
(ii) differential and incentive pay for teachers, principals, or other school leaders in high-need aca- demic subject areas and specialty areas, which may in- clude performance-based pay systems;
(iii) teacher, paraprofessional, principal, or other school leader advancement and professional growth, and an emphasis on leadership opportunities, multiple career paths, and pay differentiation;
(iv) new teacher, principal, or other school leader induction and mentoring programs that are designed to—
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163 ESEA OF 1965 Sec. 2103
(I) improve classroom instruction and student learning and achievement; and
(II) increase the retention of effective teach- ers, principals, or other school leaders;
(v) the development and provision of training for
school leaders, coaches, mentors, and evaluators on how accurately to differentiate performance, provide useful feedback, and use evaluation results to inform decisionmaking about professional development, im- provement strategies, and personnel decisions; and
(vi) a system for auditing the quality of evaluation and support systems;
(C) recruiting qualified individuals from other fields to
become teachers, principals, or other school leaders, in- cluding mid-career professionals from other occupations, former military personnel, and recent graduates of institu- tions of higher education with records of academic distinc- tion who demonstrate potential to become effective teach- ers, principals, or other school leaders;
(D) reducing class size to a level that is evidence- based, to the extent the State (in consultation with local educational agencies in the State) determines that such evidence is reasonably available, to improve student achievement through the recruiting and hiring of addi- tional effective teachers;
(E) providing high-quality, personalized professional development that is evidence-based, to the extent the State (in consultation with local educational agencies in the State) determines that such evidence is reasonably avail- able, for teachers, instructional leadership teams, prin- cipals, or other school leaders, that is focused on improving teaching and student learning and achievement, including supporting efforts to train teachers, principals, or other school leaders to—
(i) effectively integrate technology into curricula and instruction (including education about the harms of copyright piracy);
(ii) use data to improve student achievement and understand how to ensure individual student privacy is protected, as required under section 444 of the Gen- eral Education Provisions Act (commonly known as the ‘‘Family Educational Rights and Privacy Act of 1974’’) (20 U.S.C. 1232g) and State and local policies and laws in the use of such data;
(iii) effectively engage parents, families, and com- munity partners, and coordinate services between school and community;
(iv) help all students develop the skills essential for learning readiness and academic success;
(v) develop policy with school, local educational agency, community, or State leaders; and
(vi) participate in opportunities for experiential learning through observation;
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Sec. 2103
ESEA OF 1965 164
(F) developing programs and activities that increase the ability of teachers to effectively teach children with disabilities, including children with significant cognitive disabilities, and English learners, which may include the use of multi-tier systems of support and positive behav- ioral intervention and supports, so that such children with disabilities and English learners can meet the challenging State academic standards;
(G) providing programs and activities to increase—
(i) the knowledge base of teachers, principals, or other school leaders on instruction in the early grades and on strategies to measure whether young children
are progressing; and
(ii) the ability of principals or other school leaders
to support teachers, teacher leaders, early childhood educators, and other professionals to meet the needs of students through age 8, which may include providing joint professional learning and planning activities for school staff and educators in preschool programs that address the transition to elementary school;
(H) providing training, technical assistance, and ca- pacity-building in local educational agencies to assist teachers, principals, or other school leaders with selecting and implementing formative assessments, designing class- room-based assessments, and using data from such assess- ments to improve instruction and student academic achievement, which may include providing additional time for teachers to review student data and respond, as appro- priate;
(I) carrying out in-service training for school personnel in—
(i) the techniques and supports needed to help educators understand when and how to refer students affected by trauma, and children with, or at risk of, mental illness;
(ii) the use of referral mechanisms that effectively link such children to appropriate treatment and inter- vention services in the school and in the community, where appropriate;
(iii) forming partnerships between school-based mental health programs and public or private mental health organizations; and
(iv) addressing issues related to school conditions for student learning, such as safety, peer interaction, drug and alcohol abuse, and chronic absenteeism;
(J) providing training to support the identification of
students who are gifted and talented, including high-abil- ity students who have not been formally identified for gift- ed education services, and implementing instructional practices that support the education of such students, such as—
(i) early entrance to kindergarten;
(ii) enrichment, acceleration, and curriculum com- pacting activities; and
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165 ESEA OF 1965 Sec. 2104
(iii) dual or concurrent enrollment programs in secondary school and postsecondary education;
(K) supporting the instructional services provided by
effective school library programs;
(L) providing training for all school personnel, includ-
ing teachers, principals, other school leaders, specialized instructional support personnel, and paraprofessionals, re- garding how to prevent and recognize child sexual abuse;
(M) developing and providing professional develop- ment and other comprehensive systems of support for teachers, principals, or other school leaders to promote high-quality instruction and instructional leadership in science, technology, engineering, and mathematics sub- jects, including computer science;
(N) developing feedback mechanisms to improve school working conditions, including through periodically and publicly reporting results of educator support and working conditions feedback;
(O) providing high-quality professional development for teachers, principals, or other school leaders on effective strategies to integrate rigorous academic content, career and technical education, and work-based learning (if ap- propriate), which may include providing common planning time, to help prepare students for postsecondary education and the workforce; and
(P) carrying out other activities that are evidence- based, to the extent the State (in consultation with local educational agencies in the State) determines that such evidence is reasonably available, and identified by the local educational agency that meet the purpose of this title.
SEC. 2104. ø20 U.S.C. 6614¿ REPORTING.
(a) STATE REPORT.—Each State educational agency receiving
funds under this part shall annually submit to the Secretary a re- port that provides—
(1) a description of how the State is using grant funds re- ceived under this part to meet the purpose of this title, and how such chosen activities improved teacher, principal, or other school leader effectiveness, as determined by the State or local educational agency;
(2) if funds are used under this part to improve equitable access to teachers for low-income and minority students, con- sistent with section 1111(g)(1)(B), a description of how funds have been used to improve such access;
(3) for a State that implements a teacher, principal, or other school leader evaluation and support system, consistent with section 2101(c)(4)(B)(ii), using funds under this part, the evaluation results of teachers, principals, or other school lead- ers, except that such information shall not provide personally identifiable information on individual teachers, principals, or other school leaders; and
(4) where available, the annual retention rates of effective and ineffective teachers, principals, or other school leaders,
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Sec. 2201 ESEA OF 1965 166
using any methods or criteria the State has or develops under section 1111(g)(2)(A), except that nothing in this paragraph shall be construed to require any State educational agency or local educational agency to collect and report any data the State educational agency or local educational agency is not col- lecting or reporting as of the day before the date of enactment of the Every Student Succeeds Act.
(b) LOCAL EDUCATIONAL AGENCY REPORT.—Each local edu- cational agency receiving funds under this part shall submit to the State educational agency such information as the State requires, which shall include the information described in subsection (a) for the local educational agency.
(c) AVAILABILITY.—The reports and information provided under subsections (a) and (b) shall be made readily available to the pub- lic.
(d) LIMITATION.—The reports and information provided under subsections (a) and (b) shall not reveal personally identifiable infor- mation about any individual.
PART B—NATIONAL ACTIVITIES
SEC. 2201. ø20 U.S.C. 6621¿ RESERVATIONS.
From the amounts appropriated under section 2003(b) for a fis-
cal year, the Secretary shall reserve—
(1) to carry out activities authorized under subpart 1—
(A) 49.1 percent for each of fiscal years 2017 through 2019; and
(B) 47 percent for fiscal year 2020;
(2) to carry out activities authorized under subpart 2—
(A) 34.1 percent for each of fiscal years 2017 through 2019; and
(B) 36.8 percent for fiscal year 2020;
(3) to carry out activities authorized under subpart 3, 1.4
percent for each of fiscal years 2017 through 2020; and
(4) to carry out activities authorized under subpart 4—
(A) 15.4 percent for each of fiscal years 2017 through 2019; and
(B) 14.8 percent for fiscal year 2020.
Subpart 1—Teacher and School Leader Incentive Program
SEC. 2211. ø20 U.S.C. 6631¿ PURPOSES; DEFINITIONS.
(a) PURPOSES.—The purposes of this subpart are—
(1) to assist States, local educational agencies, and non- profit organizations to develop, implement, improve, or expand comprehensive performance-based compensation systems or human capital management systems for teachers, principals, or other school leaders (especially for teachers, principals, or other school leaders in high-need schools) who raise student academic achievement and close the achievement gap between high- and low-performing students; and
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167 ESEA OF 1965 Sec. 2211
(2) to study and review performance-based compensation systems or human capital management systems for teachers, principals, or other school leaders to evaluate the effectiveness, fairness, quality, consistency, and reliability of the systems.
(b) DEFINITIONS.—In this subpart:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— (A) a local educational agency, including a charter school that is a local educational agency, or a consortium
of local educational agencies;
(B) a State educational agency or other State agency
designated by the chief executive of a State to participate under this subpart;
(C) the Bureau of Indian Education; or (D) a partnership consisting of—
(i) 1 or more agencies described in subparagraph (A), (B), or (C); and
(ii) at least 1 nonprofit or for-profit entity.
(2) HIGH-NEED SCHOOL.—The term ‘‘high-need school’’ means a public elementary school or secondary school that is located in an area in which the percentage of students from families with incomes below the poverty line is 30 percent or
more.
(3) HUMAN CAPITAL MANAGEMENT SYSTEM.—The term
‘‘human capital management system’’ means a system—
(A) by which a local educational agency makes and im- plements human capital decisions, such as decisions on preparation, recruitment, hiring, placement, retention, dis- missal, compensation, professional development, tenure,
and promotion; and
(B) that includes a performance-based compensation
system.
(4) PERFORMANCE-BASED COMPENSATION SYSTEM.—The term ‘‘performance-based compensation system’’ means a sys- tem of compensation for teachers, principals, or other school leaders—
(A) that differentiates levels of compensation based in part on measurable increases in student academic achieve- ment; and
(B) which may include—
(i) differentiated levels of compensation, which
may include bonus pay, on the basis of the employ- ment responsibilities and success of effective teachers, principals, or other school leaders in hard-to-staff schools or high-need subject areas; and
(ii) recognition of the skills and knowledge of teachers, principals, or other school leaders as dem- onstrated through—
(I) successful fulfillment of additional respon- sibilities or job functions, such as teacher leader- ship roles; and
(II) evidence of professional achievement and mastery of content knowledge and superior teach- ing and leadership skills.
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SEC. 2212. ø20 U.S.C. 6632¿ TEACHER AND SCHOOL LEADER INCENTIVE FUND GRANTS.
(a) GRANTS AUTHORIZED.—From the amounts reserved by the Secretary under section 2201(1), the Secretary shall award grants, on a competitive basis, to eligible entities to enable the eligible en- tities to develop, implement, improve, or expand performance-based compensation systems or human capital management systems, in schools served by the eligible entity.
(b) DURATION OF GRANTS.—
(1) IN GENERAL.—A grant awarded under this subpart
shall be for a period of not more than 3 years.
(2) RENEWAL.—The Secretary may renew a grant awarded
under this subpart for a period of not more than 2 years if the grantee demonstrates to the Secretary that the grantee is ef- fectively using funds. Such renewal may include allowing the grantee to scale up or replicate the successful program.
(3) LIMITATION.—A local educational agency may receive (whether individually or as part of a consortium or partner- ship) a grant under this subpart, as amended by the Every Student Succeeds Act, only twice.
(c) APPLICATIONS.—An eligible entity desiring a grant under this subpart shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. The application shall include—
(1) a description of the performance-based compensation system or human capital management system that the eligible entity proposes to develop, implement, improve, or expand through the grant;
(2) a description of the most significant gaps or insufficiencies in student access to effective teachers, prin- cipals, or other school leaders in high-need schools, including gaps or inequities in how effective teachers, principals, or other school leaders are distributed across the local educational agency, as identified using factors such as data on school re- sources, staffing patterns, school environment, educator sup- port systems, and other school-level factors;
(3) a description and evidence of the support and commit- ment from teachers, principals, or other school leaders, which may include charter school leaders, in the school (including or- ganizations representing teachers, principals, or other school leaders), the community, and the local educational agency to the activities proposed under the grant;
(4) a description of how the eligible entity will develop and implement a fair, rigorous, valid, reliable, and objective process to evaluate teacher, principal, or other school leader perform- ance under the system that is based in part on measures of student academic achievement, including the baseline perform- ance against which evaluations of improved performance will be made;
(5) a description of the local educational agencies or schools to be served under the grant, including such student academic achievement, demographic, and socioeconomic infor- mation as the Secretary may request;
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(6) a description of the effectiveness of teachers, principals, or other school leaders in the local educational agency and the schools to be served under the grant and the extent to which the system will increase the effectiveness of teachers, prin- cipals, or other school leaders in such schools;
(7) a description of how the eligible entity will use grant funds under this subpart in each year of the grant, including a timeline for implementation of such activities;
(8) a description of how the eligible entity will continue the activities assisted under the grant after the grant period ends; (9) a description of the State, local, or other public or pri- vate funds that will be used to supplement the grant, including funds under part A, and sustain the activities assisted under
the grant after the end of the grant period; (10) a description of—
(A) the rationale for the project;
(B) how the proposed activities are evidence-based; and
(C) if applicable, the prior experience of the eligible entity in developing and implementing such activities; and (11) a description of how activities funded under this sub-
part will be evaluated, monitored, and publically reported. (d) AWARD BASIS.—
(1) PRIORITY.—In awarding a grant under this subpart, the Secretary shall give priority to an eligible entity that con- centrates the activities proposed to be assisted under the grant on teachers, principals, or other school leaders serving in high- need schools.
(2) EQUITABLE DISTRIBUTION.—To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this subpart, including the distribution of such grants between rural and urban areas.
(e) USE OF FUNDS.—
(1) IN GENERAL.—An eligible entity that receives a grant under this subpart shall use the grant funds to develop, imple- ment, improve, or expand, in collaboration with teachers, prin- cipals, other school leaders, and members of the public, a per- formance-based compensation system or human capital man- agement system consistent with this subpart.
(2) AUTHORIZED ACTIVITIES.—Grant funds under this sub- part may be used for one or more of the following:
(A) Developing or improving an evaluation and sup- port system, including as part of a human capital manage- ment system as applicable, that—
(i) reflects clear and fair measures of teacher, principal, or other school leader performance, based in part on demonstrated improvement in student aca- demic achievement; and
(ii) provides teachers, principals, or other school leaders with ongoing, differentiated, targeted, and per- sonalized support and feedback for improvement, in- cluding professional development opportunities de- signed to increase effectiveness.
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Sec. 2212
ESEA OF 1965 170
(B) Conducting outreach within a local educational agency or a State to gain input on how to construct an evaluation and support system described in subparagraph (A) and to develop support for the evaluation and support system, including by training appropriate personnel in how to observe and evaluate teachers, principals, or other school leaders.
(C) Providing principals or other school leaders with— (i) balanced autonomy to make budgeting, sched- uling, and other school-level decisions in a manner that meets the needs of the school without compro- mising the intent or essential components of the poli-
cies of the local educational agency or State; and
(ii) authority to make staffing decisions that meet the needs of the school, such as building an instruc- tional leadership team that includes teacher leaders or offering opportunities for teams or pairs of effective teachers or candidates to teach or start teaching in
high-need schools together.
(D) Implementing, as part of a comprehensive per- formance-based compensation system, a differentiated sal- ary structure, which may include bonuses and stipends, to—
(i) teachers who— (I) teach in—
(aa) high-need schools; or
(bb) high-need subjects;
(II) raise student academic achievement; or (III) take on additional leadership responsibil-
ities; or
(ii) principals or other school leaders who serve in high-need schools and raise student academic achieve- ment in the schools.
(E) Improving the local educational agency’s system
and process for the recruitment, selection, placement, and retention of effective teachers, principals, or other school leaders in high-need schools, such as by improving local educational agency policies and procedures to ensure that high-need schools are competitive and timely in—
(i) attracting, hiring, and retaining effective edu- cators;
(ii) offering bonuses or higher salaries to effective educators; or
(iii) establishing or strengthening school leader residency programs and teacher residency programs. (F) Instituting career advancement opportunities char-
acterized by increased responsibility and pay that reward and recognize effective teachers, principals, or other school leaders in high-need schools and enable them to expand their leadership and results, such as through teacher-led professional development, mentoring, coaching, hybrid roles, administrative duties, and career ladders.
(f) MATCHING REQUIREMENT.—Each eligible entity that receives a grant under this subpart shall provide, from non-Federal sources,
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171 ESEA OF 1965 Sec. 2221
an amount equal to 50 percent of the amount of the grant (which may be provided in cash or in kind) to carry out the activities sup- ported by the grant.
(g) SUPPLEMENT, NOT SUPPLANT.—Grant funds provided under this subpart shall be used to supplement, not supplant, other Fed- eral or State funds available to carry out activities described in this subpart.
SEC. 2213. ø20 U.S.C. 6633¿ REPORTS.
(a) ACTIVITIES SUMMARY.—Each eligible entity receiving a
grant under this subpart shall provide to the Secretary a summary of the activities assisted under the grant.
(b) REPORT.—The Secretary shall provide to Congress an an- nual report on the implementation of the program carried out under this subpart, including—
(1) information on eligible entities that received grant funds under this subpart, including—
(A) information provided by eligible entities to the Sec- retary in the applications submitted under section 2212(c); (B) the summaries received under subsection (a); and
(C) grant award amounts; and
(2) student academic achievement and, as applicable,
growth data from the schools participating in the programs supported under the grant.
(c) EVALUATION AND TECHNICAL ASSISTANCE.—
(1) RESERVATION OF FUNDS.—Of the total amount reserved for this subpart for a fiscal year, the Secretary may reserve for such fiscal year not more than 1 percent for the cost of the evaluation under paragraph (2) and for technical assistance in carrying out this subpart.
(2) EVALUATION.—From amounts reserved under para- graph (1), the Secretary, acting through the Director of the In- stitute of Education Sciences, shall carry out an independent evaluation to measure the effectiveness of the program assisted under this subpart.
(3) CONTENTS.—The evaluation under paragraph (2) shall measure—
(A) the effectiveness of the program in improving stu- dent academic achievement;
(B) the satisfaction of the participating teachers, prin- cipals, or other school leaders; and
(C) the extent to which the program assisted the eligi- ble entities in recruiting and retaining high-quality teach- ers, principals, or other school leaders, especially in high- need subject areas.
Subpart 2—Literacy Education for All, Results for the Nation
SEC. 2221. ø20 U.S.C. 6641¿ PURPOSES; DEFINITIONS.
(a) PURPOSES.—The purposes of this subpart are—
(1) to improve student academic achievement in reading and writing by providing Federal support to States to develop, revise, or update comprehensive literacy instruction plans that,
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when implemented, ensure high-quality instruction and effec- tive strategies in reading and writing from early education through grade 12; and
(2) for States to provide targeted subgrants to early child- hood education programs and local educational agencies and their public or private partners to implement evidence-based programs that ensure high-quality comprehensive literacy in- struction for students most in need.
(b) DEFINITIONS.—In this subpart:
(1) COMPREHENSIVE LITERACY INSTRUCTION.—The term ‘‘comprehensive literacy instruction’’ means instruction that— (A) includes developmentally appropriate, contextually explicit, and systematic instruction, and frequent practice,
in reading and writing across content areas;
(B) includes age-appropriate, explicit, systematic, and
intentional instruction in phonological awareness, phonic decoding, vocabulary, language structure, reading fluency, and reading comprehension;
(C) includes age-appropriate, explicit instruction in writing, including opportunities for children to write with clear purposes, with critical reasoning appropriate to the topic and purpose, and with specific instruction and feed- back from instructional staff;
(D) makes available and uses diverse, high-quality print materials that reflect the reading and development levels, and interests, of children;
(E) uses differentiated instructional approaches, in- cluding individual and small group instruction and discus- sion;
(F) provides opportunities for children to use language with peers and adults in order to develop language skills, including developing vocabulary;
(G) includes frequent practice of reading and writing strategies;
(H) uses age-appropriate, valid, and reliable screening assessments, diagnostic assessments, formative assess- ment processes, and summative assessments to identify a child’s learning needs, to inform instruction, and to mon- itor the child’s progress and the effects of instruction;
(I) uses strategies to enhance children’s motivation to read and write and children’s engagement in self-directed learning;
(J) incorporates the principles of universal design for learning;
(K) depends on teachers’ collaboration in planning, in- struction, and assessing a child’s progress and on contin- uous professional learning; and
(L) links literacy instruction to the challenging State academic standards, including the ability to navigate, un- derstand, and write about, complex print and digital sub- ject matter.
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means an entity that consists of—
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(A) one or more local educational agencies that serve a high percentage of high-need schools and—
(i) have the highest number or proportion of chil- dren who are counted under section 1124(c), in com- parison to other local educational agencies in the State;
(ii) are among the local educational agencies in the State with the highest number or percentages of children reading or writing below grade level, based on the most currently available State academic assess- ment data under section 1111(b)(2); or
(iii) serve a significant number or percentage of schools that are implementing comprehensive support and improvement activities and targeted support and improvement activities under section 1111(d);
(B) one or more early childhood education programs
serving low-income or otherwise disadvantaged children, which may include home-based literacy programs for pre- school-aged children, that have a demonstrated record of providing comprehensive literacy instruction for the age group such program proposes to serve; or
(C) a local educational agency, described in subpara- graph (A), or consortium of such local educational agen- cies, or an early childhood education program, which may include home-based literacy programs for preschool-aged children, acting in partnership with 1 or more public or private nonprofit organizations or agencies (which may in- clude early childhood education programs) that have a demonstrated record of effectiveness in—
(i) improving literacy achievement of children, consistent with the purposes of participation under this subpart, from birth through grade 12; and
(ii) providing professional development in com- prehensive literacy instruction.
(3) HIGH-NEED SCHOOL.—
(A) IN GENERAL.—The term ‘‘high-need school’’
means—
(i) an elementary school or middle school in which
not less than 50 percent of the enrolled students are children from low-income families; or
(ii) a high school in which not less than 40 percent of the enrolled students are children from low-income families, which may be calculated using comparable data from the schools that feed into the high school. (B) LOW-INCOME FAMILY.—For purposes of subpara-
graph (A), the term ‘‘low-income family’’ means a family— (i) in which the children are eligible for a free or reduced-price lunch under the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1751 et seq.);
(ii) receiving assistance under the program of block grants to States for temporary assistance for needy families established under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.); or
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(iii) in which the children are eligible to receive medical assistance under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
SEC. 2222. ø20 U.S.C. 6642¿ COMPREHENSIVE LITERACY STATE DEVEL- OPMENT GRANTS.
(a) GRANTS AUTHORIZED.—From the amounts reserved by the Secretary under section 2201(2) and not reserved under subsection (b), the Secretary shall award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to—
(1) provide subgrants to eligible entities serving a diversity of geographic areas, giving priority to entities serving greater numbers or percentages of children from low-income families; and
(2) develop or enhance comprehensive literacy instruction plans that ensure high-quality instruction and effective strate- gies in reading and writing for children from early childhood education through grade 12, including English learners and children with disabilities.
(b) RESERVATION.—From the amounts reserved to carry out
this subpart for a fiscal year, the Secretary shall reserve—
(1) not more than a total of 5 percent for national activi- ties, including a national evaluation, technical assistance and
training, data collection, and reporting;
(2) one half of 1 percent for the Secretary of the Interior
to carry out a program described in this subpart at schools op- erated or funded by the Bureau of Indian Education; and
(3) one half of 1 percent for the outlying areas to carry out a program under this subpart.
(c) DURATION OF GRANTS.—A grant awarded under this sub-
part shall be for a period of not more than 5 years total. Such grant may be renewed for an additional 2-year period upon the termi- nation of the initial period of the grant if the grant recipient dem- onstrates to the satisfaction of the Secretary that—
(1) the State has made adequate progress; and
(2) renewing the grant for an additional 2-year period is necessary to carry out the objectives of the grant described in subsection (d).
(d) STATE APPLICATIONS.—
(1) IN GENERAL.—A State educational agency desiring a grant under this subpart shall submit an application to the Secretary, at such time and in such manner as the Secretary may require. The State educational agency shall collaborate with the State agency responsible for administering early childhood education programs and the State agency responsible for administering child care programs in the State in writing and implementing the early childhood education portion of the grant application under this subsection.
(2) CONTENTS.—An application described in paragraph (1) shall include, at a minimum, the following:
(A) A needs assessment that analyzes literacy needs across the State and in high-need schools and local edu- cational agencies that serve high-need schools, including
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identifying the most significant gaps in literacy proficiency and inequities in student access to effective teachers of lit- eracy, considering each of the subgroups of students, as de- fined in section 1111(c)(2).
(B) A description of how the State educational agency, in collaboration with the State literacy team, if applicable, will develop a State comprehensive literacy instruction plan or will revise and update an already existing State comprehensive literacy instruction plan.
(C) An implementation plan that includes a descrip- tion of how the State educational agency will carry out the State activities described in subsection (f).
(D) An assurance that the State educational agency will use implementation grant funds described in sub- section (f)(1) for comprehensive literacy instruction pro- grams as follows:
(i) Not less than 15 percent of such grant funds shall be used for State and local programs and activi- ties pertaining to children from birth through kinder- garten entry.
(ii) Not less than 40 percent of such grant funds shall be used for State and local programs and activi- ties, allocated equitably among the grades of kinder- garten through grade 5.
(iii) Not less than 40 percent of such grant funds shall be used for State and local programs and activi- ties, allocated equitably among grades 6 through 12. (E) An assurance that the State educational agency
will give priority in awarding a subgrant under section 2223 to an eligible entity that—
(i) serves children from birth through age 5 who are from families with income levels at or below 200 percent of the Federal poverty line; or
(ii) is a local educational agency serving a high number or percentage of high-need schools.
(e) PRIORITY.—In awarding grants under this section, the Sec- retary shall give priority to State educational agencies that will use the grant funds for evidence-based activities, defined for the pur- pose of this subsection as activities meeting the requirements of section 8101(21)(A)(i).
(f) STATE ACTIVITIES.—
(1) IN GENERAL.—A State educational agency receiving a
grant under this section shall use not less than 95 percent of such grant funds to award subgrants to eligible entities, based on their needs assessment and a competitive application proc- ess.
(2) RESERVATION.—A State educational agency receiving a grant under this section may reserve not more than 5 percent for activities identified through the needs assessment and com- prehensive literacy plan described in subparagraphs (A) and (B) of subsection (d)(2), including the following activities:
(A) Providing technical assistance, or engaging quali- fied providers to provide technical assistance, to eligible
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ESEA OF 1965 176
entities to enable the eligible entities to design and imple- ment literacy programs.
(B) Coordinating with institutions of higher education in the State to provide recommendations to strengthen and enhance pre-service courses for students preparing to teach children from birth through grade 12 in explicit, sys- tematic, and intensive instruction in evidence-based lit- eracy methods.
(C) Reviewing and updating, in collaboration with teachers and institutions of higher education, State licen- sure or certification standards in the area of literacy in- struction in early education through grade 12.
(D) Making publicly available, including on the State educational agency’s website, information on promising in- structional practices to improve child literacy achievement.
(E) Administering and monitoring the implementation of subgrants by eligible entities.
(3) ADDITIONAL USES.—After carrying out the activities de-
scribed in paragraphs (1) and (2), a State educational agency may use any remaining amount to carry out 1 or more of the following activities:
(A) Developing literacy coach training programs and training literacy coaches.
(B) Administration and evaluation of activities carried out under this subpart.
SEC. 2223. ø20 U.S.C. 6643¿ SUBGRANTS TO ELIGIBLE ENTITIES IN SUP- PORT OF BIRTH THROUGH KINDERGARTEN ENTRY LIT- ERACY.
(a) SUBGRANTS.—
(1) IN GENERAL.—A State educational agency receiving a
grant under this subpart shall, in consultation with the State agencies responsible for administering early childhood edu- cation programs and services, including the State agency re- sponsible for administering child care programs, and, if appli- cable, the State Advisory Council on Early Childhood Edu- cation and Care designated or established pursuant to section 642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)), use a portion of the grant funds, in accord- ance with section 2222(d)(2)(D)(i), to award subgrants, on a competitive basis, to eligible entities to enable the eligible enti- ties to support high-quality early literacy initiatives for chil- dren from birth through kindergarten entry.
(2) DURATION.—The term of a subgrant under this section shall be determined by the State educational agency awarding the subgrant and shall in no case exceed 5 years.
(3) SUFFICIENT SIZE AND SCOPE.—Each subgrant awarded under this section shall be of sufficient size and scope to allow the eligible entity to carry out high-quality early literacy initia- tives for children from birth through kindergarten entry.
(b) LOCAL APPLICATIONS.—An eligible entity desiring to receive
a subgrant under this section shall submit an application to the State educational agency, at such time, in such manner, and con- taining such information as the State educational agency may re- quire. Such application shall include a description of—
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(1) how the subgrant funds will be used to enhance the language and literacy development and school readiness of children, from birth through kindergarten entry, in early child- hood education programs, which shall include an analysis of data that support the proposed use of subgrant funds;
(2) how the subgrant funds will be used to prepare and provide ongoing assistance to staff in the programs, including through high-quality professional development;
(3) how the activities assisted under the subgrant will be coordinated with comprehensive literacy instruction at the kin- dergarten through grade 12 levels; and
(4) how the subgrant funds will be used to evaluate the success of the activities assisted under the subgrant in enhanc- ing the early language and literacy development of children from birth through kindergarten entry.
(c) PRIORITY.—In awarding grants under this section, the State
educational agency shall give priority to an eligible entity that will use the grant funds to implement evidence-based activities, defined for the purpose of this subsection as activities meeting the require- ments of section 8101(21)(A)(i).
(d) LOCAL USES OF FUNDS.—An eligible entity that receives a subgrant under this section shall use the subgrant funds, con- sistent with the entity’s approved application under subsection (b), to—
(1) carry out high-quality professional development oppor- tunities for early childhood educators, teachers, principals, other school leaders, paraprofessionals, specialized instruc- tional support personnel, and instructional leaders;
(2) train providers and personnel to develop and admin- ister evidence-based early childhood education literacy initia- tives; and
(3) coordinate the involvement of families, early childhood education program staff, principals, other school leaders, spe- cialized instructional support personnel (as appropriate), and teachers in literacy development of children served under the subgrant.
SEC. 2224. ø20 U.S.C. 6644¿ SUBGRANTS TO ELIGIBLE ENTITIES IN SUP- PORT OF KINDERGARTEN THROUGH GRADE 12 LITERACY.
(a) SUBGRANTS TO ELIGIBLE ENTITIES.—
(1) SUBGRANTS.—A State educational agency receiving a
grant under this subpart shall use a portion of the grant funds, in accordance with clauses (ii) and (iii) of section 2222(d)(2)(D), to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the authorized activi- ties described in subsections (c) and (d).
(2) DURATION.—The term of a subgrant under this section shall be determined by the State educational agency awarding the subgrant and shall in no case exceed 5 years.
(3) SUFFICIENT SIZE AND SCOPE.—A State educational agency shall award subgrants under this section of sufficient size and scope to allow the eligible entities to carry out high- quality comprehensive literacy instruction in each grade level for which the subgrant funds are provided.
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(4) LOCAL APPLICATIONS.—An eligible entity desiring to re- ceive a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agen- cy may require. Such application shall include, for each school that the eligible entity identifies as participating in a subgrant program under this section, the following information:
(A) A description of the eligible entity’s needs assess- ment conducted to identify how subgrant funds will be used to inform and improve comprehensive literacy in- struction at the school.
(B) How the school, the local educational agency, or a provider of high-quality professional development will pro- vide ongoing high-quality professional development to all teachers, principals, other school leaders, specialized in- structional support personnel (as appropriate), and other instructional leaders served by the school.
(C) How the school will identify children in need of lit- eracy interventions or other support services.
(D) An explanation of how the school will integrate comprehensive literacy instruction into a well-rounded education.
(E) A description of how the school will coordinate comprehensive literacy instruction with early childhood education programs and activities and after-school pro- grams and activities in the area served by the local edu- cational agency.
(b) PRIORITY.—In awarding grants under this section, the State educational agency shall give priority to an eligible entity that will use funds under subsection (c) or (d) to implement evidence-based activities, defined for the purpose of this subsection as activities meeting the requirements of section 8101(21)(A)(i).
(c) LOCAL USES OF FUNDS FOR KINDERGARTEN THROUGH GRADE 5.—An eligible entity that receives a subgrant under this section shall use the subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 5:
(1) Developing and implementing a comprehensive literacy instruction plan across content areas for such children that— (A) serves the needs of all children, including children with disabilities and English learners, especially children
who are reading or writing below grade level;
(B) provides intensive, supplemental, accelerated, and
explicit intervention and support in reading and writing for children whose literacy skills are below grade level; and
(C) supports activities that are provided primarily dur- ing the regular school day but that may be augmented by after-school and out-of-school time instruction.
(2) Providing high-quality professional development oppor-
tunities for teachers, literacy coaches, literacy specialists, English as a second language specialists (as appropriate), prin- cipals, other school leaders, specialized instructional support personnel, school librarians, paraprofessionals, and other pro- gram staff.
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179 ESEA OF 1965 Sec. 2224
(3) Training principals, specialized instructional support personnel, and other local educational agency personnel to sup- port, develop, administer, and evaluate high-quality kinder- garten through grade 5 literacy initiatives.
(4) Coordinating the involvement of early childhood edu- cation program staff, principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), special educators, school personnel, and specialized instructional support personnel (as appro- priate) in the literacy development of children served under this subsection.
(5) Engaging families and encouraging family literacy ex- periences and practices to support literacy development.
(d) LOCAL USES OF FUNDS FOR GRADES 6 THROUGH 12.—An eli-
gible entity that receives a subgrant under this section shall use subgrant funds to carry out the following activities pertaining to children in grades 6 through 12:
(1) Developing and implementing a comprehensive literacy instruction plan described in subsection (c)(1) for children in grades 6 through 12.
(2) Training principals, specialized instructional support personnel, school librarians, and other local educational agency personnel to support, develop, administer, and evaluate high- quality comprehensive literacy instruction initiatives for grades 6 through 12.
(3) Assessing the quality of adolescent comprehensive lit- eracy instruction as part of a well-rounded education.
(4) Providing time for teachers to meet to plan evidence- based adolescent comprehensive literacy instruction to be de- livered as part of a well-rounded education.
(5) Coordinating the involvement of principals, other in- structional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), paraprofes- sionals, special educators, specialized instructional support personnel (as appropriate), and school personnel in the literacy development of children served under this subsection.
(e) ALLOWABLE USES.—An eligible entity that receives a
subgrant under this section may, in addition to carrying out the ac- tivities described in subsections (c) and (d), use subgrant funds to carry out the following activities pertaining to children in kinder- garten through grade 12:
(1) Recruiting, placing, training, and compensating literacy coaches.
(2) Connecting out-of-school learning opportunities to in- school learning in order to improve children’s literacy achieve- ment.
(3) Training families and caregivers to support the im- provement of adolescent literacy.
(4) Providing for a multi-tier system of supports for lit- eracy services.
(5) Forming a school literacy leadership team to help im- plement, assess, and identify necessary changes to the literacy initiatives in 1 or more schools to ensure success.
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(6) Providing time for teachers (and other literacy staff, as appropriate, such as school librarians or specialized instruc- tional support personnel) to meet to plan comprehensive lit- eracy instruction.
SEC. 2225. ø20 U.S.C. 6645¿ NATIONAL EVALUATION AND INFORMATION DISSEMINATION.
(a) NATIONAL EVALUATION.—From funds reserved under sec- tion 2222(b)(1), the Director of the Institute of Education Sciences shall conduct a national evaluation of the grant and subgrant pro- grams assisted under this subpart. Such evaluation shall include high-quality research that applies rigorous and systematic proce- dures to obtain valid knowledge relevant to the implementation and effect of the programs and shall directly coordinate with indi- vidual State evaluations of the programs’ implementation and im- pact.
(b) PROGRAM IMPROVEMENT.—The Secretary shall—
(1) provide the findings of the evaluation conducted under this section to State educational agencies and subgrant recipi-
ents for use in program improvement;
(2) make such findings publicly available, including on the
websites of the Department and the Institute of Education Sciences;
(3) submit such findings to the Committee on Health, Edu- cation, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representa- tives; and
(4) make publicly available, in a manner consistent with paragraph (2), best practices for implementing evidence-based activities under this subpart, including evidence-based activi- ties, defined for the purpose of this paragraph as activities meeting the requirements of section 8101(21)(A)(i).
SEC. 2226. ø20 U.S.C. 6646¿ INNOVATIVE APPROACHES TO LITERACY.
(a) IN GENERAL.—From amounts reserved under section 2201(2), the Secretary may award grants, contracts, or cooperative agreements, on a competitive basis, to eligible entities for the pur- poses of promoting literacy programs that support the development
of literacy skills in low-income communities, including—
(1) developing and enhancing effective school library pro- grams, which may include providing professional development for school librarians, books, and up-to-date materials to high-
need schools;
(2) early literacy services, including pediatric literacy pro-
grams through which, during well-child visits, medical pro- viders trained in research-based methods of early language and literacy promotion provide developmentally appropriate books and recommendations to parents to encourage them to read aloud to their children starting in infancy; and
(3) programs that provide high-quality books on a regular basis to children and adolescents from low-income communities to increase reading motivation, performance, and frequency.
(b) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
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181 ESEA OF 1965 Sec. 2232
(A) a local educational agency in which 20 percent or more of the students served by the local educational agen- cy are from families with an income below the poverty line;
(B) a consortium of such local educational agencies; (C) the Bureau of Indian Education; or
(D) an eligible national nonprofit organization.
(2) ELIGIBLE NATIONAL NONPROFIT ORGANIZATION.—The term ‘‘eligible national nonprofit organization’’ means an orga- nization of national scope that—
(A) is supported by staff, which may include volun- teers, or affiliates at the State and local levels; and
(B) demonstrates effectiveness or high-quality plans for addressing childhood literacy activities for the popu- lation targeted by the grant.
Subpart 3—American History and Civics Education
SEC. 2231. ø20 U.S.C. 6661¿ PROGRAM AUTHORIZED.
(a) IN GENERAL.—From the amount reserved by the Secretary
under section 2201(3), the Secretary is authorized to carry out an American history and civics education program to improve—
(1) the quality of American history, civics, and government education by educating students about the history and prin- ciples of the Constitution of the United States, including the Bill of Rights; and
(2) the quality of the teaching of American history, civics, and government in elementary schools and secondary schools, including the teaching of traditional American history.
(b) FUNDING ALLOTMENT.—Of the amount available under sub-
section (a) for a fiscal year, the Secretary—
(1) shall reserve not less than 26 percent for activities
under section 2232; and
(2) may reserve not more than 74 percent for activities
under section 2233.
SEC. 2232. ø20 U.S.C. 6662¿ PRESIDENTIAL AND CONGRESSIONAL ACAD- EMIES FOR AMERICAN HISTORY AND CIVICS.
(a) IN GENERAL.—From the amounts reserved under section 2231(b)(1) for a fiscal year, the Secretary shall award not more than 12 grants, on a competitive basis, to—
(1) eligible entities to establish Presidential Academies for the Teaching of American History and Civics (in this section referred to as the ‘‘Presidential Academies’’) in accordance with subsection (e); and
(2) eligible entities to establish Congressional Academies for Students of American History and Civics (in this section re- ferred to as the ‘‘Congressional Academies’’) in accordance with subsection (f).
(b) APPLICATION.—An eligible entity that desires to receive a
grant under subsection (a) shall submit an application to the Sec- retary at such time and in such manner as the Secretary may rea- sonably require.
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Sec. 2232 ESEA OF 1965 182
(c) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ under this sec- tion means—
(1) an institution of higher education or nonprofit edu- cational organization, museum, library, or research center with demonstrated expertise in historical methodology or the teach- ing of American history and civics; or
(2) a consortium of entities described in paragraph (1).
(d) GRANT TERMS.—Grants awarded to eligible entities under
subsection (a) shall be for a term of not more than 5 years. (e) PRESIDENTIAL ACADEMIES.—
(1) USE OF FUNDS.—Each eligible entity that receives a grant under subsection (a)(1) shall use the grant funds to es- tablish a Presidential Academy that offers a seminar or insti- tute for teachers of American history and civics, which—
(A) provides intensive professional development oppor- tunities for teachers of American history and civics to strengthen such teachers’ knowledge of the subjects of American history and civics;
(B) is led by a team of primary scholars and core teachers who are accomplished in the field of American history and civics;
(C) is conducted during the summer or other appro- priate time; and
(D) is of not less than 2 weeks and not more than 6 weeks in duration.
(2) SELECTION OF TEACHERS.—Each year, each Presidential
Academy shall select between 50 and 300 teachers of American history and civics from public or private elementary schools and secondary schools to attend the seminar or institute under paragraph (1).
(3) TEACHER STIPENDS.—Each teacher selected to partici- pate in a seminar or institute under this subsection shall be awarded a fixed stipend based on the length of the seminar or institute to ensure that such teacher does not incur personal costs associated with the teacher’s participation in the seminar or institute.
(4) PRIORITY.—In awarding grants under subsection (a)(1), the Secretary shall give priority to eligible entities that coordi- nate or align their activities with the National Park Service National Centennial Parks initiative to develop innovative and comprehensive programs using the resources of the National Parks.
(f) CONGRESSIONAL ACADEMIES.—
(1) USE OF FUNDS.—Each eligible entity that receives a grant under subsection (a)(2) shall use the grant funds to es- tablish a Congressional Academy that offers a seminar or insti- tute for outstanding students of American history and civics, which—
(A) broadens and deepens such students’ under- standing of American history and civics;
(B) is led by a team of primary scholars and core teachers who are accomplished in the field of American history and civics;
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183 ESEA OF 1965 Sec. 2233
(C) is conducted during the summer or other appro- priate time; and
(D) is of not less than 2 weeks and not more than 6 weeks in duration.
(2) SELECTION OF STUDENTS.—
(A) IN GENERAL.—Each year, each Congressional Acad- emy shall select between 100 and 300 eligible students to attend the seminar or institute under paragraph (1).
(B) ELIGIBLE STUDENTS.—A student shall be eligible to attend a seminar or institute offered by a Congressional Academy under this subsection if the student—
(i) is recommended by the student’s secondary school principal or other school leader to attend the seminar or institute; and
(ii) will be a secondary school junior or senior in the academic year following attendance at the seminar or institute.
(3) STUDENT STIPENDS.—Each student selected to partici- pate in a seminar or institute under this subsection shall be awarded a fixed stipend based on the length of the seminar or institute to ensure that such student does not incur personal costs associated with the student’s participation in the seminar or institute.
(g) MATCHING FUNDS.—
(1) IN GENERAL.—An eligible entity that receives funds under subsection (a) shall provide, toward the cost of the ac- tivities assisted under the grant, from non-Federal sources, an amount equal to 100 percent of the amount of the grant.
(2) WAIVER.—The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible entity if the Secretary determines that ap- plying the matching requirement would result in serious hard- ship or an inability to carry out the activities described in sub- section (e) or (f).
SEC. 2233. ø20 U.S.C. 6663¿ NATIONAL ACTIVITIES.
(a) PURPOSE.—The purpose of this section is to promote new
and existing evidence-based strategies to encourage innovative American history, civics and government, and geography instruc- tion, learning strategies, and professional development activities and programs for teachers, principals, or other school leaders, par- ticularly such instruction, strategies, activities, and programs that benefit low-income students and underserved populations.
(b) IN GENERAL.—From the amounts reserved by the Secretary under section 2231(b)(2), the Secretary shall award grants, on a competitive basis, to eligible entities for the purposes of expanding, developing, implementing, evaluating, and disseminating for vol- untary use, innovative, evidence-based approaches or professional development programs in American history, civics and government, and geography, which—
(1) shall—
(A) show potential to improve the quality of student
achievement in, and teaching of, American history, civics
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Sec. 2241
ESEA OF 1965 184
and government, or geography, in elementary schools and secondary schools; and
(B) demonstrate innovation, scalability, accountability, and a focus on underserved populations; and
(2) may include—
(A) hands-on civic engagement activities for teachers and students; and
(B) programs that educate students about the history and principles of the Constitution of the United States, in- cluding the Bill of Rights.
(c) PROGRAM PERIODS AND DIVERSITY OF PROJECTS.—
(1) IN GENERAL.—A grant awarded by the Secretary to an eligible entity under this section shall be for a period of not
more than 3 years.
(2) RENEWAL.—The Secretary may renew a grant awarded
under this section for 1 additional 2-year period.
(3) DIVERSITY OF PROJECTS.—In awarding grants under
this section, the Secretary shall ensure that, to the extent prac- ticable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas.
(d) APPLICATIONS.—In order to receive a grant under this sec- tion, an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require.
(e) ELIGIBLE ENTITY.—In this section, the term ‘‘eligible entity’’ means an institution of higher education or other nonprofit or for- profit organization with demonstrated expertise in the development of evidence-based approaches with the potential to improve the quality of American history, civics and government, or geography learning and teaching.
Subpart 4—Programs of National Significance
SEC. 2241. ø20 U.S.C. 6671¿ FUNDING ALLOTMENT.
From the funds reserved under section 2201(4), the Sec-
retary—
(1) shall use not less than 74 percent to carry out activities
under section 2242;
(2) shall use not less than 22 percent to carry out activities
under section 2243;
(3) shall use not less than 2 percent to carry out activities
under section 2244; and
(4) may reserve not more than 2 percent to carry out ac-
tivities under section 2245.
SEC. 2242. ø20 U.S.C. 6672¿ SUPPORTING EFFECTIVE EDUCATOR DE- VELOPMENT.
(a) IN GENERAL.—From the funds reserved by the Secretary under section 2241(1) for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities for the purposes of—
(1) providing teachers, principals, or other school leaders from nontraditional preparation and certification routes or
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185 ESEA OF 1965 Sec. 2242
pathways to serve in traditionally underserved local edu- cational agencies;
(2) providing evidence-based professional development ac- tivities that address literacy, numeracy, remedial, or other needs of local educational agencies and the students the agen- cies serve;
(3) providing teachers, principals, or other school leaders with professional development activities that enhance or en- able the provision of postsecondary coursework through dual or concurrent enrollment programs and early college high school settings across a local educational agency;
(4) making freely available services and learning opportu- nities to local educational agencies, through partnerships and cooperative agreements or by making the services or opportuni- ties publicly accessible through electronic means; or
(5) providing teachers, principals, or other school leaders with evidence-based professional enhancement activities, which may include activities that lead to an advanced credential.
(b) PROGRAM PERIODS AND DIVERSITY OF PROJECTS.—
(1) IN GENERAL.—A grant awarded by the Secretary to an eligible entity under this section shall be for a period of not more than 3 years.
(2) RENEWAL.—The Secretary may renew a grant awarded under this section for 1 additional 2-year period.
(3) DIVERSITY OF PROJECTS.—In awarding grants under this section, the Secretary shall ensure that, to the extent prac- ticable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas.
(4) LIMITATION.—The Secretary shall not award more than 1 grant under this section to an eligible entity during a grant competition.
(c) COST-SHARING.—
(1) IN GENERAL.—An eligible entity that receives a grant under this section shall provide, from non-Federal sources, not less than 25 percent of the funds for the total cost for each year of activities carried out under this section.
(2) ACCEPTABLE CONTRIBUTIONS.—An eligible entity that receives a grant under this section may meet the requirement of paragraph (1) by providing contributions in cash or in kind, fairly evaluated, including plant, equipment, and services.
(3) WAIVERS.—The Secretary may waive or modify the re- quirement of paragraph (1) in cases of demonstrated financial hardship.
(d) APPLICATIONS.—In order to receive a grant under this sec-
tion, an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. Such application shall include, at a minimum, a certifi- cation that the services provided by an eligible entity under the grant to a local educational agency or to a school served by the local educational agency will not result in direct fees for partici- pating students or parents.
(e) PRIORITY.—In awarding grants under this section, the Sec- retary shall give priority to an eligible entity that will implement
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Sec. 2243 ESEA OF 1965 186
evidence-based activities, defined for the purpose of this subsection as activities meeting the requirements of section 8101(21)(A)(i).
(f) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term ‘‘eligible entity’’ means—
(1) an institution of higher education that provides course materials or resources that are evidence-based in increasing academic achievement, graduation rates, or rates of postsec- ondary education matriculation;
(2) a national nonprofit entity with a demonstrated record of raising student academic achievement, graduation rates, and rates of higher education attendance, matriculation, or comple- tion, or of effectiveness in providing preparation and profes- sional development activities and programs for teachers, prin- cipals, or other school leaders;
(3) the Bureau of Indian Education; or (4) a partnership consisting of—
(A) 1 or more entities described in paragraph (1) or (2); and
(B) a for-profit entity.
SEC. 2243. ø20 U.S.C. 6673¿ SCHOOL LEADER RECRUITMENT AND SUP- PORT.
(a) IN GENERAL.—From the funds reserved under section 2241(2) for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to im- prove the recruitment, preparation, placement, support, and reten- tion of effective principals or other school leaders in high-need schools, which may include—
(1) developing or implementing leadership training pro- grams designed to prepare and support principals or other school leaders in high-need schools, including through new or alternative pathways or school leader residency programs;
(2) developing or implementing programs or activities for recruiting, selecting, and developing aspiring or current prin- cipals or other school leaders to serve in high-need schools;
(3) developing or implementing programs for recruiting, developing, and placing school leaders to improve schools im- plementing comprehensive support and improvement activities and targeted support and improvement activities under section 1111(d), including through cohort-based activities that build ef- fective instructional and school leadership teams and develop a school culture, design, instructional program, and profes- sional development program focused on improving student learning;
(4) providing continuous professional development for prin- cipals or other school leaders in high-need schools;
(5) developing and disseminating information on best prac- tices and strategies for effective school leadership in high-need schools, such as training and supporting principals to identify, develop, and maintain school leadership teams using various leadership models; and
(6) other evidence-based programs or activities described in section 2101(c)(4) or section 2103(b)(3) focused on principals or other school leaders in high-need schools.
(b) PROGRAM PERIODS AND DIVERSITY OF PROJECTS.—
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187 ESEA OF 1965 Sec. 2243
(1) IN GENERAL.—A grant awarded by the Secretary to an eligible entity under this section shall be for a period of not more than 5 years.
(2) RENEWAL.—The Secretary may renew a grant awarded under this section for 1 additional 2-year period.
(3) DIVERSITY OF PROJECTS.—In awarding grants under this section, the Secretary shall ensure that, to the extent prac- ticable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas.
(4) LIMITATION.—The Secretary shall not award more than 1 grant under this section to an eligible entity during a grant competition.
(c) COST-SHARING.—
(1) IN GENERAL.—An eligible entity that receives a grant under this section shall provide, from non-Federal sources, not less than 25 percent of the funds for the total cost for each year of activities carried out under this section.
(2) ACCEPTABLE CONTRIBUTIONS.—An eligible entity that receives a grant under this section may meet the requirement of paragraph (1) by providing contributions in cash or in kind, fairly evaluated, including plant, equipment, and services.
(3) WAIVERS.—The Secretary may waive or modify the re- quirement of paragraph (1) in cases of demonstrated financial hardship.
(d) APPLICATIONS.—An eligible entity that desires a grant
under this section shall submit to the Secretary an application at such time, and in such manner, as the Secretary may require.
(e) PRIORITY.—In awarding grants under this section, the Sec- retary shall give priority to an eligible entity—
(1) with a record of preparing or developing principals who—
(A) have improved school-level student outcomes;
(B) have become principals in high-need schools; and (C) remain principals in high-need schools for multiple
years; and
(2) who will implement evidence-based activities, defined for the purpose of this paragraph as activities meeting the re- quirements of section 8101(21)(A)(i).
(f) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— (A) a local educational agency, including an edu- cational service agency, that serves a high-need school or
a consortium of such agencies;
(B) a State educational agency or a consortium of such
agencies;
(C) a State educational agency in partnership with 1
or more local educational agencies, or educational service agencies, that serve a high-need school;
(D) the Bureau of Indian Education; or
(E) an entity described in subparagraph (A), (B), (C), or (D) in partnership with 1 or more nonprofit organiza- tions or institutions of higher education.
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Sec. 2244 ESEA OF 1965 188
(2) HIGH-NEED SCHOOL.—The term ‘‘high-need school’’ means—
(A) an elementary school in which not less than 50 percent of the enrolled students are from families with in- comes below the poverty line; or
(B) a secondary school in which not less than 40 per- cent of the enrolled students are from families with in- comes below the poverty line.
SEC. 2244. ø20 U.S.C. 6674¿ TECHNICAL ASSISTANCE AND NATIONAL EVALUATION.
(a) IN GENERAL.—From the funds reserved under section 2241(3) for a fiscal year, the Secretary—
(1) shall establish, in a manner consistent with section 203 of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9602), a comprehensive center on students at risk of not at- taining full literacy skills due to a disability that meets the purposes of subsection (b); and
(2) may—
(A) provide technical assistance, which may be carried
out directly or through grants or contracts, to States and local educational agencies carrying out activities under this part; and
(B) carry out evaluations of activities by States and local educational agencies under this part, which shall be conducted by a third party or by the Institute of Education Sciences.
(b) PURPOSES.—The comprehensive center established by the Secretary under subsection (a)(1) shall—
(1) identify or develop free or low-cost evidence-based as- sessment tools for identifying students at risk of not attaining full literacy skills due to a disability, including dyslexia im- pacting reading or writing, or developmental delay impacting reading, writing, language processing, comprehension, or exec- utive functioning;
(2) identify evidence-based literacy instruction, strategies, and accommodations, including assistive technology, designed to meet the specific needs of such students;
(3) provide families of such students with information to assist such students;
(4) identify or develop evidence-based professional develop- ment for teachers, paraprofessionals, principals, other school leaders, and specialized instructional support personnel to—
(A) understand early indicators of students at risk of not attaining full literacy skills due to a disability, includ- ing dyslexia impacting reading or writing, or develop- mental delay impacting reading, writing, language proc- essing, comprehension, or executive functioning;
(B) use evidence-based screening assessments for early identification of such students beginning not later than kindergarten; and
(C) implement evidence-based instruction designed to meet the specific needs of such students; and
(5) disseminate the products of the comprehensive center
to regionally diverse State educational agencies, local edu-
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189 ESEA OF 1965 Sec. 2302
cational agencies, regional educational agencies, and schools, including, as appropriate, through partnerships with other comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9602), and regional educational laboratories established under section 174 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9564).
SEC. 2245. ø20 U.S.C. 6675¿ STEM MASTER TEACHER CORPS.
(a) IN GENERAL.—From the funds reserved under section
2241(4) for a fiscal year, the Secretary may award grants to—
(1) State educational agencies to enable such agencies to support the development of a State-wide STEM master teacher
corps; or
(2) State educational agencies, or nonprofit organizations
in partnership with State educational agencies, to support the implementation, replication, or expansion of effective science, technology, engineering, and mathematics professional develop- ment programs in schools across the State through collabora- tion with school administrators, principals, and STEM edu- cators.
(b) STEM MASTER TEACHER CORPS.—In this section, the term ‘‘STEM master teacher corps’’ means a State-led effort to elevate the status of the science, technology, engineering, and mathematics teaching profession by recognizing, rewarding, attracting, and re- taining outstanding science, technology, engineering, and mathe- matics teachers, particularly in high-need and rural schools, by—
(1) selecting candidates to be master teachers in the corps on the basis of—
(A) content knowledge based on a screening examina- tion; and
(B) pedagogical knowledge of and success in teaching; (2) offering such teachers opportunities to—
(A) work with one another in scholarly communities; and
(B) participate in and lead high-quality professional development; and
(3) providing such teachers with additional appropriate
and substantial compensation for the work described in para- graph (2) and in the master teacher community.
PART C—GENERAL PROVISIONS
SEC. 2301. ø20 U.S.C. 6691¿ SUPPLEMENT, NOT SUPPLANT.
Funds made available under this title shall be used to supple- ment, and not supplant, non-Federal funds that would otherwise be
used for activities authorized under this title.
SEC. 2302. ø20 U.S.C. 6692¿ RULES OF CONSTRUCTION.
(a) PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR
CONTROL.—Nothing in this title shall be construed to authorize the Secretary or any other officer or employee of the Federal Govern- ment to mandate, direct, or control a State, local educational agen- cy, or school’s—
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Sec. 3001 ESEA OF 1965 190
(1) instructional content or materials, curriculum, program of instruction, academic standards, or academic assessments;
(2) teacher, principal, or other school leader evaluation system;
(3) specific definition of teacher, principal, or other school leader effectiveness; or
(4) teacher, principal, or other school leader professional standards, certification, or licensing.
(b) SCHOOL OR DISTRICT EMPLOYEES.—Nothing in this title
shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agree- ments, memoranda of understanding, or other agreements between such employees and their employers.
TITLE III—LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMI- GRANT STUDENTS
SEC. 3001. ø20 U.S.C. 6801¿ AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this
title—
(1) $756,332,450 for fiscal year 2017;
(2) $769,568,267 for fiscal year 2018;
(3) $784,959,633 for fiscal year 2019; and (4) $884,959,633 for fiscal year 2020.
PART A—ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND ACADEMIC ACHIEVEMENT ACT
SEC. 3101. ø20 U.S.C. 6811¿ SHORT TITLE.
This part may be cited as the ‘‘English Language Acquisition,
Language Enhancement, and Academic Achievement Act’’.
SEC. 3102. ø20 U.S.C. 6812¿ PURPOSES. The purposes of this part are—
(1) to help ensure that English learners, including immi- grant children and youth, attain English proficiency and de- velop high levels of academic achievement in English;
(2) to assist all English learners, including immigrant chil- dren and youth, to achieve at high levels in academic subjects so that all English learners can meet the same challenging State academic standards that all children are expected to meet;
(3) to assist teachers (including preschool teachers), prin- cipals and other school leaders, State educational agencies, local educational agencies, and schools in establishing, imple- menting, and sustaining effective language instruction edu- cational programs designed to assist in teaching English learn- ers, including immigrant children and youth;
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191 ESEA OF 1965 Sec. 3111
(4) to assist teachers (including preschool teachers), prin- cipals and other school leaders, State educational agencies, and local educational agencies to develop and enhance their capac- ity to provide effective instructional programs designed to pre- pare English learners, including immigrant children and youth, to enter all-English instructional settings; and
(5) to promote parental, family, and community participa- tion in language instruction educational programs for the par- ents, families, and communities of English learners.
Subpart 1—Grants and Subgrants for English Lan- guage Acquisition and Language Enhancement
SEC. 3111. ø20 U.S.C. 6821¿ FORMULA GRANTS TO STATES.
(a) IN GENERAL.—In the case of each State educational agency having a plan approved by the Secretary for a fiscal year under section 3113, the Secretary shall make a grant for the year to the agency for the purposes specified in subsection (b). The grant shall consist of the allotment determined for the State educational agen-
cy under subsection (c). (b) USE OF FUNDS.—
(1) SUBGRANTS TO ELIGIBLE ENTITIES.—The Secretary may make a grant under subsection (a) only if the State educational agency involved agrees to expend at least 95 percent of the State educational agency’s allotment under subsection (c) for a fiscal year—
(A) to award subgrants, from allocations under section 3114, to eligible entities to carry out the activities de- scribed in section 3115 (other than subsection (e)); and
(B) to award subgrants under section 3114(d)(1) to eli- gible entities that are described in that section to carry out the activities described in section 3115(e).
(2) STATE ACTIVITIES.—Subject to paragraph (3), each State
educational agency receiving a grant under subsection (a) may reserve not more than 5 percent of the agency’s allotment under subsection (c) to carry out one or more of the following activities:
(A) Establishing and implementing, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, stand- ardized statewide entrance and exit procedures, including a requirement that all students who may be English learn- ers are assessed for such status within 30 days of enroll- ment in a school in the State.
(B) Providing effective teacher and principal prepara- tion, effective professional development activities, and other effective activities related to the education of English learners, which may include assisting teachers, principals, and other educators in—
(i) meeting State and local certification and licens- ing requirements for teaching English learners; and
(ii) improving teaching skills in meeting the di- verse needs of English learners, including how to im-
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plement effective programs and curricula on teaching English learners.
(C) Planning, evaluation, administration, and inter-
agency coordination related to the subgrants referred to in paragraph (1).
(D) Providing technical assistance and other forms of assistance to eligible entities that are receiving subgrants from a State educational agency under this subpart, in- cluding assistance in—
(i) identifying and implementing effective lan- guage instruction educational programs and curricula for teaching English learners;
(ii) helping English learners meet the same chal- lenging State academic standards that all children are expected to meet;
(iii) identifying or developing, and implementing, measures of English proficiency; and
(iv) strengthening and increasing parent, family, and community engagement in programs that serve English learners.
(E) Providing recognition, which may include pro-
viding financial awards, to recipients of subgrants under section 3115 that have significantly improved the achieve- ment and progress of English learners in meeting—
(i) the State-designed long-term goals established under section 1111(c)(4)(A)(ii), including measure- ments of interim progress towards meeting such goals, based on the State’s English language proficiency as- sessment under section 1111(b)(2)(G); and
(ii) the challenging State academic standards.
(3) DIRECT ADMINISTRATIVE EXPENSES.—From the amount reserved under paragraph (2), a State educational agency may use not more than 50 percent of such amount or $175,000, whichever is greater, for the planning and direct administra-
tive costs of carrying out paragraphs (1) and (2). (c) RESERVATIONS AND ALLOTMENTS.—
(1) RESERVATIONS.—From the amount appropriated under section 3001 for each fiscal year, the Secretary shall reserve— (A) 0.5 percent or $5,000,000 of such amount, which- ever is greater, for payments to eligible entities that are defined under section 3112(a) for activities, approved by
the Secretary, consistent with this subpart;
(B) 0.5 percent of such amount for payments to out-
lying areas, to be allotted in accordance with their respec- tive needs for assistance under this subpart, as determined by the Secretary, for activities, approved by the Secretary, consistent with this subpart; and
(C) 6.5 percent of such amount for national activities under sections 3131 and 3202, except that not more than $2,000,000 of such amount may be reserved for the Na- tional Clearinghouse for English Language Acquisition and Language Instruction Educational Programs described in section 3202.
(2) STATE ALLOTMENTS.—
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193 ESEA OF 1965 Sec. 3111
(A) IN GENERAL.—Except as provided in subparagraph (B), from the amount appropriated under section 3001 for each fiscal year that remains after making the reserva- tions under paragraph (1), the Secretary shall allot to each State educational agency having a plan approved under section 3113(c)—
(i) an amount that bears the same relationship to 80 percent of the remainder as the number of English learners in the State bears to the number of English learners in all States, as determined in accordance with paragraph (3)(A); and
(ii) an amount that bears the same relationship to 20 percent of the remainder as the number of immi- grant children and youth in the State bears to the number of such children and youth in all States, as determined in accordance with paragraph (3)(B).
(B) MINIMUM ALLOTMENTS.—No State educational
agency shall receive an allotment under this paragraph that is less than $500,000.
(C) REALLOTMENT.—If any State educational agency described in subparagraph (A) does not submit a plan to the Secretary for a fiscal year, or submits a plan (or any amendment to a plan) that the Secretary, after reasonable notice and opportunity for a hearing, determines does not satisfy the requirements of this subpart, the Secretary—
(i) shall endeavor to make the State’s allotment available on a competitive basis to specially qualified agencies within the State to satisfy the requirements of section 3115 (and any additional requirements that the Secretary may impose), consistent with the pur- poses of such section, and to carry out required and authorized activities under such section; and
(ii) shall reallot any portion of such allotment re- maining after the application of clause (i) to the re- maining State educational agencies in accordance with subparagraph (A).
(D) SPECIAL RULE FOR PUERTO RICO.—The total amount allotted to Puerto Rico for any fiscal year under subparagraph (A) shall not exceed 0.5 percent of the total amount allotted to all States for that fiscal year.
(3) USE OF DATA FOR DETERMINATIONS.—In making State
allotments under paragraph (2) for each fiscal year, the Sec- retary shall—
(A) determine the number of English learners in a State and in all States, using the most accurate, up-to-date data, which shall be—
(i) data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates;
(ii) the number of students being assessed for English language proficiency, based on the State’s English language proficiency assessment under section 1111(b)(2)(G), which may be multiyear estimates; or
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Sec. 3112
ESEA OF 1965 194
(iii) a combination of data available under clauses (i) and (ii); and
(B) determine the number of immigrant children and youth in the State and in all States based only on data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates.
February 1, 2023
SEC. 3112. ø20 U.S.C. 6822¿ NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN SCHOOL.
(a) ELIGIBLE ENTITIES.—For the purpose of carrying out pro- grams under this part for individuals served by elementary schools, secondary schools, and postsecondary schools operated predomi- nately for Native American children (including Alaska Native chil- dren), the following shall be considered to be an eligible entity:
(1) An Indian tribe.
(2) A tribally sanctioned educational authority.
(3) A Native Hawaiian or Native American Pacific Islander
native language educational organization.
(4) An elementary school or secondary school that is oper-
ated or funded by the Bureau of Indian Education, or a consor- tium of such schools.
(5) An elementary school or secondary school operated under a contract with or grant from the Bureau of Indian Edu- cation, in consortium with another such school or a tribal or community organization.
(6) An elementary school or secondary school operated by the Bureau of Indian Education and an institution of higher education, in consortium with an elementary school or sec- ondary school operated under a contract with or grant from the Bureau of Indian Education or a tribal or community organiza- tion.
(b) SUBMISSION OF APPLICATIONS FOR ASSISTANCE.—Notwith-
standing any other provision of this part, an entity that is consid- ered to be an eligible entity under subsection (a), and that desires to receive Federal financial assistance under this subpart, shall submit an application to the Secretary.
(c) SPECIAL RULE.—An eligible entity described in subsection (a) that receives Federal financial assistance pursuant to this sec- tion shall not be eligible to receive a subgrant under section 3114.
SEC. 3113. ø20 U.S.C. 6823¿ STATE AND SPECIALLY QUALIFIED AGENCY PLANS.
(a) PLAN REQUIRED.—Each State educational agency and spe- cially qualified agency desiring a grant under this subpart shall submit a plan to the Secretary at such time and in such manner as the Secretary may require.
(b) CONTENTS.—Each plan submitted under subsection (a) shall—
(1) describe the process that the agency will use in award- ing subgrants to eligible entities under section 3114(d)(1);
(2) describe how the agency will establish and implement, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, standardized, statewide entrance and exit procedures, includ-
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195 ESEA OF 1965 Sec. 3113
ing an assurance that all students who may be English learn- ers are assessed for such status within 30 days of enrollment in a school in the State;
(3) provide an assurance that—
(A) the agency will ensure that eligible entities receiv-
ing a subgrant under this subpart comply with the re- quirement in section 1111(b)(2)(B)(ix) regarding assess- ment of English learners in English;
(B) the agency will ensure that eligible entities receiv- ing a subgrant under this subpart annually assess the English proficiency of all English learners participating in a program funded under this subpart, consistent with sec- tion 1111(b)(2)(G);
(C) in awarding subgrants under section 3114, the agency will address the needs of school systems of all sizes and in all geographic areas, including school systems with rural and urban schools;
(D) subgrants to eligible entities under section 3114(d)(1) will be of sufficient size and scope to allow such entities to carry out effective language instruction edu- cational programs for English learners;
(E) the agency will require an eligible entity receiving a subgrant under this subpart to use the subgrant in ways that will build such recipient’s capacity to continue to offer effective language instruction educational programs that assist English learners in meeting challenging State aca- demic standards;
(F) the agency will monitor each eligible entity receiv- ing a subgrant under this subpart for compliance with ap- plicable Federal fiscal requirements; and
(G) the plan has been developed in consultation with local educational agencies, teachers, administrators of pro- grams implemented under this subpart, parents of English learners, and other relevant stakeholders;
(4) describe how the agency will coordinate its programs
and activities under this subpart with other programs and ac- tivities under this Act and other Acts, as appropriate;
(5) describe how each eligible entity will be given the flexi- bility to teach English learners—
(A) using a high-quality, effective language instruction curriculum for teaching English learners; and
(B) in the manner the eligible entity determines to be the most effective;
(6) describe how the agency will assist eligible entities in
meeting—
(A) the State-designed long-term goals established
under section 1111(c)(4)(A)(ii), including measurements of interim progress towards meeting such goals, based on the State’s English language proficiency assessment under sec- tion 1111(b)(2)(G); and
(B) the challenging State academic standards;
(7) describe how the agency will meet the unique needs of children and youth in the State being served through the res-
ervation of funds under section 3114(d); and
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Sec. 3114
ESEA OF 1965 196
(8) describe—
(A) how the agency will monitor the progress of each
eligible entity receiving a subgrant under this subpart in helping English learners achieve English proficiency; and (B) the steps the agency will take to further assist eli- gible entities if the strategies funded under this subpart are not effective, such as providing technical assistance
and modifying such strategies.
(c) APPROVAL.—The Secretary, after using a peer review proc-
ess, shall approve a plan submitted under subsection (a) if the plan meets the requirements of this section.
(d) DURATION OF PLAN.—
(1) IN GENERAL.—Each plan submitted by a State edu-
cational agency or specially qualified agency and approved under subsection (c) shall—
(A) remain in effect for the duration of the agency’s participation under this subpart; and
(B) be periodically reviewed and revised by the agency, as necessary, to reflect changes to the agency’s strategies and programs carried out under this subpart.
(2) ADDITIONAL INFORMATION.—
(A) AMENDMENTS.—If the State educational agency or specially qualified agency amends the plan, the agency shall submit such amendment to the Secretary.
(B) APPROVAL.—The Secretary shall approve such amendment to an approved plan, unless the Secretary de- termines that the amendment will result in the agency not meeting the requirements, or fulfilling the purposes, of this subpart.
(e) CONSOLIDATED PLAN.—A plan submitted under subsection (a) may be submitted as part of a consolidated plan under section 8302.
(f) SECRETARY ASSISTANCE.—The Secretary shall provide tech- nical assistance, if requested by the State, in the development of English proficiency standards and assessments.
SEC. 3114. ø20 U.S.C. 6824¿ WITHIN-STATE ALLOCATIONS.
(a) IN GENERAL.—After making the reservation required under subsection (d)(1), each State educational agency receiving a grant under section 3111(c)(2) shall award subgrants for a fiscal year by allocating in a timely manner to each eligible entity in the State having a plan approved under section 3116 an amount that bears the same relationship to the amount received under the grant and remaining after making such reservation as the population of English learners in schools served by the eligible entity bears to the population of English learners in schools served by all eligible
entities in the State.
(b) LIMITATION.—A State educational agency shall not award a
subgrant from an allocation made under subsection (a) if the amount of such subgrant would be less than $10,000.
(c) REALLOCATION.—Whenever a State educational agency de- termines that an amount from an allocation made to an eligible en- tity under subsection (a) for a fiscal year will not be used by the entity for the purpose for which the allocation was made, the agen-
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197 ESEA OF 1965 Sec. 3115
cy shall, in accordance with such rules as it determines to be ap- propriate, reallocate such amount, consistent with such subsection, to other eligible entities in the State that the agency determines will use the amount to carry out that purpose.
(d) REQUIRED RESERVATION.—A State educational agency re- ceiving a grant under this subpart for a fiscal year—
(1) shall reserve not more than 15 percent of the agency’s allotment under section 3111(c)(2) to award subgrants to eligi- ble entities in the State that have experienced a significant in- crease, as compared to the average of the 2 preceding fiscal years, in the percentage or number of immigrant children and youth, who have enrolled, during the fiscal year for which the subgrant is made, in public and nonpublic elementary schools and secondary schools in the geographic areas under the juris- diction of, or served by, such entities; and
(2) in awarding subgrants under paragraph (1)—
(A) shall equally consider eligible entities that satisfy the requirement of such paragraph but have limited or no experience in serving immigrant children and youth; and (B) shall consider the quality of each local plan under section 3116 and ensure that each subgrant is of sufficient
size and scope to meet the purposes of this part.
SEC. 3115. ø20 U.S.C. 6825¿ SUBGRANTS TO ELIGIBLE ENTITIES.
(a) PURPOSES OF SUBGRANTS.—A State educational agency may make a subgrant to an eligible entity from funds received by the agency under this subpart only if the entity agrees to expend the funds to improve the education of English learners by assisting the children to learn English and meet the challenging State academic standards. In carrying out activities with such funds, the eligible entity shall use effective approaches and methodologies for teach- ing English learners and immigrant children and youth for the fol-
lowing purposes:
(1) Developing and implementing new language instruction
educational programs and academic content instructional pro- grams for English learners and immigrant children and youth, including early childhood education programs, elementary school programs, and secondary school programs.
(2) Carrying out highly focused, innovative, locally de- signed activities to expand or enhance existing language in- struction educational programs and academic content instruc- tional programs for English learners and immigrant children and youth.
(3) Implementing, within an individual school, schoolwide programs for restructuring, reforming, and upgrading all rel- evant programs, activities, and operations relating to language instruction educational programs and academic content in- struction for English learners and immigrant children and youth.
(4) Implementing, within the entire jurisdiction of a local educational agency, agencywide programs for restructuring, re- forming, and upgrading all relevant programs, activities, and operations relating to language instruction educational pro-
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Sec. 3115 ESEA OF 1965 198
grams and academic content instruction for English learners and immigrant children and youth.
(b) DIRECT ADMINISTRATIVE EXPENSES.—Each eligible entity re-
ceiving funds under section 3114(a) for a fiscal year may use not more than 2 percent of such funds for the cost of administering this subpart.
(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligible entity re- ceiving funds under section 3114(a) shall use the funds—
(1) to increase the English language proficiency of English learners by providing effective language instruction edu- cational programs that meet the needs of English learners and demonstrate success in increasing—
(A) English language proficiency; and
(B) student academic achievement;
(2) to provide effective professional development to class-
room teachers (including teachers in classroom settings that are not the settings of language instruction educational pro- grams), principals and other school leaders, administrators, and other school or community-based organizational personnel, that is—
(A) designed to improve the instruction and assess- ment of English learners;
(B) designed to enhance the ability of such teachers, principals, and other school leaders to understand and im- plement curricula, assessment practices and measures, and instructional strategies for English learners;
(C) effective in increasing children’s English language proficiency or substantially increasing the subject matter knowledge, teaching knowledge, and teaching skills of such teachers; and
(D) of sufficient intensity and duration (which shall not include activities such as 1-day or short-term work- shops and conferences) to have a positive and lasting im- pact on the teachers’ performance in the classroom, except that this subparagraph shall not apply to an activity that is one component of a long-term, comprehensive profes- sional development plan established by a teacher and the teacher’s supervisor based on an assessment of the needs of the teacher, the supervisor, the students of the teacher, and any local educational agency employing the teacher, as appropriate; and
(3) to provide and implement other effective activities and
strategies that enhance or supplement language instruction educational programs for English learners, which—
(A) shall include parent, family, and community en- gagement activities; and
(B) may include strategies that serve to coordinate and align related programs.
(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Subject to sub- section (c), an eligible entity receiving funds under section 3114(a) may use the funds to achieve any of the purposes described in sub- section (a) by undertaking 1 or more of the following activities:
(1) Upgrading program objectives and effective instruc- tional strategies.
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199 ESEA OF 1965 Sec. 3115
(2) Improving the instructional program for English learn- ers by identifying, acquiring, and upgrading curricula, instruc- tional materials, educational software, and assessment proce- dures.
(3) Providing to English learners—
(A) tutorials and academic or career and technical
education; and
(B) intensified instruction, which may include mate-
rials in a language that the student can understand, inter- preters, and translators.
(4) Developing and implementing effective preschool, ele-
mentary school, or secondary school language instruction edu- cational programs that are coordinated with other relevant programs and services.
(5) Improving the English language proficiency and aca- demic achievement of English learners.
(6) Providing community participation programs, family literacy services, and parent and family outreach and training activities to English learners and their families—
(A) to improve the English language skills of English learners; and
(B) to assist parents and families in helping their chil- dren to improve their academic achievement and becoming active participants in the education of their children.
(7) Improving the instruction of English learners, which
may include English learners with a disability, by providing for—
(A) the acquisition or development of educational tech- nology or instructional materials;
(B) access to, and participation in, electronic networks for materials, training, and communication; and
(C) incorporation of the resources described in sub- paragraphs (A) and (B) into curricula and programs, such as those funded under this subpart.
(8) Offering early college high school or dual or concurrent
enrollment programs or courses designed to help English learn- ers achieve success in postsecondary education.
(9) Carrying out other activities that are consistent with the purposes of this section.
(e) ACTIVITIES BY AGENCIES EXPERIENCING SUBSTANTIAL IN-
CREASES IN IMMIGRANT CHILDREN AND YOUTH.—
(1) IN GENERAL.—An eligible entity receiving funds under
section 3114(d)(1) shall use the funds to pay for activities that provide enhanced instructional opportunities for immigrant children and youth, which may include—
(A) family literacy, parent and family outreach, and training activities designed to assist parents and families to become active participants in the education of their chil- dren;
(B) recruitment of, and support for, personnel, includ- ing teachers and paraprofessionals who have been specifi- cally trained, or are being trained, to provide services to immigrant children and youth;
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ESEA OF 1965 200
(C) provision of tutorials, mentoring, and academic or career counseling for immigrant children and youth;
(D) identification, development, and acquisition of cur- ricular materials, educational software, and technologies to be used in the program carried out with awarded funds;
(E) basic instructional services that are directly attrib- utable to the presence of immigrant children and youth in the local educational agency involved, including the pay- ment of costs of providing additional classroom supplies, costs of transportation, or such other costs as are directly attributable to such additional basic instructional services;
(F) other instructional services that are designed to as- sist immigrant children and youth to achieve in elemen- tary schools and secondary schools in the United States, such as programs of introduction to the educational system and civics education; and
(G) activities, coordinated with community-based orga- nizations, institutions of higher education, private sector entities, or other entities with expertise in working with immigrants, to assist parents and families of immigrant children and youth by offering comprehensive community services.
February 1, 2023
(2) DURATION OF SUBGRANTS.—The duration of a subgrant made by a State educational agency under section 3114(d)(1) shall be determined by the agency in its discretion.
(f) SELECTION OF METHOD OF INSTRUCTION.—
(1) IN GENERAL.—To receive a subgrant from a State edu- cational agency under this subpart, an eligible entity shall se- lect one or more methods or forms of effective instruction to be used in the programs and activities undertaken by the entity to assist English learners to attain English language pro- ficiency and meet challenging State academic standards.
(2) CONSISTENCY.—The selection described in paragraph (1) shall be consistent with sections 3124 through 3126.
(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds made avail-
able under this subpart shall be used so as to supplement the level of Federal, State, and local public funds that, in the absence of such availability, would have been expended for programs for English learners and immigrant children and youth and in no case to supplant such Federal, State, and local public funds.
SEC. 3116. ø20 U.S.C. 6826¿ LOCAL PLANS.
(a) PLAN REQUIRED.—Each eligible entity desiring a subgrant
from the State educational agency under section 3114 shall submit a plan to the State educational agency at such time, in such man- ner, and containing such information as the State educational agency may require.
(b) CONTENTS.—Each plan submitted under subsection (a) shall—
(1) describe the effective programs and activities, including language instruction educational programs, proposed to be de- veloped, implemented, and administered under the subgrant that will help English learners increase their English language
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201 ESEA OF 1965 Sec. 3121
proficiency and meet the challenging State academic stand- ards;
(2) describe how the eligible entity will ensure that ele- mentary schools and secondary schools receiving funds under this subpart assist English learners in—
(A) achieving English proficiency based on the State’s English language proficiency assessment under section 1111(b)(2)(G), consistent with the State’s long-term goals, as described in section 1111(c)(4)(A)(ii); and
(B) meeting the challenging State academic standards; (3) describe how the eligible entity will promote parent, family, and community engagement in the education of English
learners;
(4) contain assurances that—
(A) each local educational agency that is included in the eligible entity is complying with section 1112(e) prior to, and throughout, each school year as of the date of ap- plication;
(B) the eligible entity is not in violation of any State law, including State constitutional law, regarding the edu- cation of English learners, consistent with sections 3125 and 3126;
(C) the eligible entity consulted with teachers, re- searchers, school administrators, parents and family mem- bers, community members, public or private entities, and institutions of higher education, in developing and imple- menting such plan; and
(D) the eligible entity will, if applicable, coordinate ac- tivities and share relevant data under the plan with local Head Start and Early Head Start agencies, including mi- grant and seasonal Head Start agencies, and other early childhood education providers.
(c) TEACHER ENGLISH FLUENCY.—Each eligible entity receiving a subgrant under section 3114 shall include in its plan a certifi- cation that all teachers in any language instruction educational program for English learners that is, or will be, funded under this part are fluent in English and any other language used for instruc- tion, including having written and oral communications skills.
Subpart 2—Accountability and Administration
SEC. 3121. ø20 U.S.C. 6841¿ REPORTING.
(a) IN GENERAL.—Each eligible entity that receives a subgrant
from a State educational agency under subpart 1 shall provide such agency, at the conclusion of every second fiscal year during which the subgrant is received, with a report, in a form prescribed by the agency, on the activities conducted and children served under such subpart that includes—
(1) a description of the programs and activities conducted by the entity with funds received under subpart 1 during the 2 immediately preceding fiscal years, which shall include a de- scription of how such programs and activities supplemented programs funded primarily with State or local funds;
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(2) the number and percentage of English learners in the programs and activities who are making progress toward achieving English language proficiency, as described in section 1111(c)(4)(A)(ii), in the aggregate and disaggregated, at a min- imum, by English learners with a disability;
(3) the number and percentage of English learners in the programs and activities attaining English language proficiency based on State English language proficiency standards estab- lished under section 1111(b)(1)(G) by the end of each school year, as determined by the State’s English language pro- ficiency assessment under section 1111(b)(2)(G);
(4) the number and percentage of English learners who exit the language instruction educational programs based on their attainment of English language proficiency;
(5) the number and percentage of English learners meeting challenging State academic standards for each of the 4 years after such children are no longer receiving services under this part, in the aggregate and disaggregated, at a minimum, by English learners with a disability;
(6) the number and percentage of English learners who have not attained English language proficiency within 5 years of initial classification as an English learner and first enroll- ment in the local educational agency; and
(7) any other information that the State educational agen- cy may require.
(b) USE OF REPORT.—A report provided by an eligible entity under subsection (a) shall be used by the entity and the State edu- cational agency for improvement of programs and activities under this part.
(c) SPECIAL RULE FOR SPECIALLY QUALIFIED AGENCIES.—Each specially qualified agency receiving a grant under subpart 1 shall provide the reports described in subsection (a) to the Secretary sub- ject to the same requirements as apply to eligible entities providing such evaluations to State educational agencies under such sub- section.
SEC. 3122. ø20 U.S.C. 6843¿ BIENNIAL REPORTS.
(a) STATES.—Based upon the reports provided to a State edu-
cational agency under section 3121, each such agency that receives a grant under this part shall prepare and submit every second year to the Secretary a report on programs and activities carried out by the State educational agency under this part and the effectiveness of such programs and activities in improving the education pro- vided to English learners.
(b) SECRETARY.—Every second year, the Secretary shall pre- pare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report—
(1) on programs and activities carried out to serve English learners under this part, and the effectiveness of such pro- grams and activities in improving the academic achievement and English proficiency of English learners;
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203 ESEA OF 1965 Sec. 3126
(2) on the types of language instruction educational pro- grams used by local educational agencies or eligible entities re- ceiving funding under this part to teach English learners;
(3) containing a critical synthesis of data reported by eligi- ble entities to States under section 3121(a);
(4) containing a description of technical assistance and other assistance provided by State educational agencies under section 3111(b)(2)(D);
(5) containing an estimate of the number of certified or li- censed teachers working in language instruction educational programs and educating English learners, and an estimate of the number of such teachers that will be needed for the suc- ceeding 5 fiscal years;
(6) containing the findings of the most recent evaluation related to English learners carried out under section 8601;
(7) containing the number of programs or activities, if any, that were terminated because the entities carrying out the pro- grams or activities were not able to reach program goals;
(8) containing the number of English learners served by el- igible entities receiving funding under this part who were transitioned out of language instruction educational programs funded under this part; and
(9) containing other information gathered from the evalua- tions from specially qualified agencies and other reports sub- mitted to the Secretary under this part when applicable.
SEC. 3123. ø20 U.S.C. 6844¿ COORDINATION WITH RELATED PROGRAMS. In order to maximize Federal efforts aimed at serving the edu- cational needs of English learners, the Secretary shall coordinate and ensure close cooperation with other entities carrying out pro- grams serving language-minority and English learners that are ad- ministered by the Department and other agencies. The Secretary shall report to the Congress on parallel Federal programs in other
agencies and departments.
SEC. 3124. ø20 U.S.C. 6845¿ RULES OF CONSTRUCTION. Nothing in this part shall be construed—
(1) to prohibit a local educational agency from serving English learners simultaneously with children with similar educational needs, in the same educational settings where ap- propriate;
(2) to require a State or a local educational agency to es- tablish, continue, or eliminate any particular type of instruc- tional program for English learners; or
(3) to limit the preservation or use of Native American lan- guages.
SEC. 3125. ø20 U.S.C. 6846¿ LEGAL AUTHORITY UNDER STATE LAW. Nothing in this part shall be construed to negate or supersede State law, or the legal authority under State law of any State agen- cy, State entity, or State public official, over programs that are
under the jurisdiction of the State agency, entity, or official.
SEC. 3126. ø20 U.S.C. 6847¿ CIVIL RIGHTS.
Nothing in this part shall be construed in a manner incon-
sistent with any Federal law guaranteeing a civil right.
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Sec. 3127 ESEA OF 1965 204
SEC. 3127. ø20 U.S.C. 6848¿ PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
Notwithstanding any other provision of this part, programs au- thorized under this part that serve Native American (including Na- tive American Pacific Islander) children and children in the Com- monwealth of Puerto Rico may include programs of instruction, teacher training, curriculum development, evaluation, and assess- ment designed for Native American children learning and studying Native American languages and children of limited Spanish pro- ficiency, except that an outcome of programs serving such children shall be increased English proficiency among such children.
SEC. 3128. ø20 U.S.C. 6849¿ PROHIBITION.
In carrying out this part, the Secretary shall neither mandate
nor preclude the use of a particular curricular or pedagogical ap- proach to educating English learners.
Subpart 3—National Activities
SEC. 3131. ø20 U.S.C. 6861¿ NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.
The Secretary shall use funds made available under section 3111(c)(1)(C) to award grants on a competitive basis, for a period of not more than 5 years, to institutions of higher education or pub- lic or private entities with relevant experience and capacity (in con- sortia with State educational agencies or local educational agen- cies) to provide for professional development activities that will im- prove classroom instruction for English learners and assist edu- cational personnel working with English learners to meet high pro- fessional standards, including standards for certification and licen- sure as teachers who work in language instruction educational pro- grams or serve English learners. Grants awarded under this sec- tion may be used—
(1) for effective preservice or inservice professional devel- opment programs that will improve the qualifications and skills of educational personnel involved in the education of English learners, including personnel who are not certified or licensed and educational paraprofessionals, and for other ac- tivities to increase teacher and school leader effectiveness in meeting the needs of English learners;
(2) for the development of curricula or other instructional strategies appropriate to the needs of the consortia partici- pants involved;
(3) to support strategies that strengthen and increase par- ent, family, and community member engagement in the edu- cation of English learners;
(4) to develop, share, and disseminate effective practices in the instruction of English learners and in increasing the stu- dent academic achievement of English learners, such as through the use of technology-based programs;
(5) in conjunction with other Federal need-based student financial assistance programs, for financial assistance, and costs related to tuition, fees, and books for enrolling in courses required to complete the degree involved, to meet certification or licensing requirements for teachers who work in language
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205 ESEA OF 1965 Sec. 3201
instruction educational programs or serve English learners; and
(6) as appropriate, to support strategies that promote school readiness of English learners and their transition from early childhood education programs, such as Head Start or State-run preschool programs, to elementary school programs.
PART B—GENERAL PROVISIONS
SEC. 3201. ø20 U.S.C. 7011¿ DEFINITIONS.
Except as otherwise provided, in this title:
(1) CHILD.—The term ‘‘child’’ means any individual aged 3 through 21.
(2) COMMUNITY-BASED ORGANIZATION.—The term ‘‘commu- nity-based organization’’ means a private nonprofit organiza- tion of demonstrated effectiveness, Indian tribe, or tribally sanctioned educational authority, that is representative of a community or significant segments of a community and that provides educational or related services to individuals in the community. Such term includes a Native Hawaiian or Native American Pacific Islander native language educational organi- zation.
(3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— (A) one or more local educational agencies; or
(B) one or more local educational agencies, in consortia
or collaboration with an institution of higher education, educational service agency, community-based organization, or State educational agency.
(4) ENGLISH LEARNER WITH A DISABILITY.—The term
‘‘English learner with a disability’’ means an English learner who is also a child with a disability, as that term is defined in section 602 of the Individuals with Disabilities Education Act.
(5) IMMIGRANT CHILDREN AND YOUTH.—The term ‘‘immi- grant children and youth’’ means individuals who—
(A) are aged 3 through 21;
(B) were not born in any State; and
(C) have not been attending one or more schools in
any one or more States for more than 3 full academic years.
(6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ means any In-
dian tribe, band, nation, or other organized group or commu- nity, including any Native village or Regional Corporation or Village Corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(7) LANGUAGE INSTRUCTION EDUCATIONAL PROGRAM.—The term ‘‘language instruction educational program’’ means an in- struction course—
(A) in which an English learner is placed for the pur- pose of developing and attaining English proficiency, while meeting challenging State academic standards; and
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Sec. 3201
ESEA OF 1965 206
(B) that may make instructional use of both English and a child’s native language to enable the child to develop and attain English proficiency, and may include the par- ticipation of English proficient children if such course is designed to enable all participating children to become pro- ficient in English and a second language.
(8) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE.—
The terms ‘‘Native American’’ and ‘‘Native American language’’ shall have the meanings given such terms in section 103 of the Native American Languages Act.
(9) NATIVE HAWAIIAN OR NATIVE AMERICAN PACIFIC IS- LANDER NATIVE LANGUAGE EDUCATIONAL ORGANIZATION.—The term ‘‘Native Hawaiian or Native American Pacific Islander native language educational organization’’ means a nonprofit organization with—
(A) a majority of its governing board and employees consisting of fluent speakers of the traditional Native American languages used in the organization’s educational programs; and
(B) not less than 5 years successful experience in pro- viding educational services in traditional Native American languages.
(10) NATIVE LANGUAGE.—The term ‘‘native language’’,
when used with reference to an individual of limited English proficiency, means—
(A) the language normally used by such individual; or
(B) in the case of a child or youth, the language nor- mally used by the parents of the child or youth.
(11) PARAPROFESSIONAL.—The term ‘‘paraprofessional’’
means an individual who is employed in a preschool, elemen- tary school, or secondary school under the supervision of a cer- tified or licensed teacher, including individuals employed in language instruction educational programs, special education, and migrant education.
(12) SPECIALLY QUALIFIED AGENCY.—The term ‘‘specially qualified agency’’ means an eligible entity in a State whose State educational agency—
(A) does not participate in a program under subpart 1 of part A for a fiscal year; or
(B) submits a plan (or any amendment to a plan) that the Secretary, after reasonable notice and opportunity for a hearing, determines does not satisfy the requirements of such subpart.
(13) STATE.—The term ‘‘State’’ means each of the 50
States, the District of Columbia, and the Commonwealth of Puerto Rico.
(14) TRIBALLY SANCTIONED EDUCATIONAL AUTHORITY.—The term ‘‘tribally sanctioned educational authority’’ means—
(A) any department or division of education operating within the administrative structure of the duly constituted governing body of an Indian tribe; and
(B) any nonprofit institution or organization that is— (i) chartered by the governing body of an Indian tribe to operate a school described in section 3112(a)
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207 ESEA OF 1965 Sec. 4001
or otherwise to oversee the delivery of educational services to members of the tribe; and
(ii) approved by the Secretary for the purpose of carrying out programs under subpart 1 of part A for individuals served by a school described in section 3112(a).
SEC. 3202. ø20 U.S.C. 7013¿ NATIONAL CLEARINGHOUSE.
(a) IN GENERAL.—The Secretary shall establish and support the operation of a National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs, which shall collect, analyze, synthesize, and disseminate informa- tion about language instruction educational programs for English learners, and related programs. The National Clearinghouse
shall—
(1) be administered as an adjunct clearinghouse of the
Educational Resources Information Center Clearinghouses sys- tem supported by the Institute of Education Sciences;
(2) coordinate activities with Federal data and information clearinghouses and entities operating Federal dissemination networks and systems;
(3) develop a system for improving the operation and effec- tiveness of federally funded language instruction educational programs;
(4) collect and disseminate information on—
(A) educational research and processes related to the
education of English learners, including English learners with a disability, that includes information on best prac- tices on instructing and serving English learners; and
(B) accountability systems that monitor the academic progress of English learners in language instruction edu- cational programs, including information on academic con- tent and English proficiency assessments for language in- struction educational programs; and
(5) publish, on an annual basis, a list of grant recipients under this title.
(b) CONSTRUCTION.—Nothing in this section shall authorize the Secretary to hire additional personnel to execute subsection (a).
SEC. 3203. ø20 U.S.C. 7014¿ REGULATIONS.
In developing regulations under this title, the Secretary shall
consult with State educational agencies and local educational agen- cies, organizations representing English learners, and organiza- tions representing teachers and other personnel involved in the education of English learners.
TITLE IV—21ST CENTURY SCHOOLS
PART A—STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS
SEC. 4001. ø20 U.S.C. 7101¿ GENERAL PROVISIONS. (a) PARENTAL CONSENT.—
(1) IN GENERAL.—
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Sec. 4001
ESEA OF 1965 208
(A) INFORMED WRITTEN CONSENT.—A State, local edu- cational agency, or other entity receiving funds under this title shall obtain prior written, informed consent from the parent of each child who is under 18 years of age to par- ticipate in any mental-health assessment or service that is funded under this title and conducted in connection with an elementary school or secondary school under this title.
(B) CONTENTS.—Before obtaining the consent de- scribed in subparagraph (A), the entity shall provide the parent written notice describing in detail such mental health assessment or service, including the purpose for such assessment or service, the provider of such assess- ment or service, when such assessment or service will begin, and how long such assessment or service may last.
(C) LIMITATION.—The informed written consent re- quired under this paragraph shall not be a waiver of any rights or protections under section 444 of the General Edu- cation Provisions Act (20 U.S.C. 1232g).
(2) EXCEPTION.—Notwithstanding paragraph (1)(A), the
written, informed consent described in such paragraph shall not be required in—
(A) an emergency, where it is necessary to protect the immediate health and safety of the child, other children, or entity personnel; or
(B) other instances in which an entity actively seeks parental consent but such consent cannot be reasonably obtained, as determined by the State or local educational agency, including in the case of—
(i) a child whose parent has not responded to the notice described in paragraph (1)(B); or
(ii) a child who has attained 14 years of age and is an unaccompanied youth, as defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).
(b) PROHIBITED USE OF FUNDS.—No funds under this title may be used for medical services or drug treatment or rehabilitation, ex- cept for integrated student supports, specialized instructional sup- port services, or referral to treatment for impacted students, which may include students who are victims of, or witnesses to, crime or who illegally use drugs.
(c) PROHIBITION ON MANDATORY MEDICATION.—No child shall be required to obtain a prescription for a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802) as a condition of—
(1) receiving an evaluation or other service described under this title; or
(2) attending a school receiving assistance under this title.
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209 ESEA OF 1965 Sec. 4102
Subpart 1—Student Support and Academic Enrichment Grants
SEC. 4101. ø20 U.S.C. 7111¿ PURPOSE.
The purpose of this subpart is to improve students’ academic
achievement by increasing the capacity of States, local educational agencies, schools, and local communities to—
(1) provide all students with access to a well-rounded edu- cation;
(2) improve school conditions for student learning; and
(3) improve the use of technology in order to improve the academic achievement and digital literacy of all students.
SEC. 4102. ø20 U.S.C. 7112¿ DEFINITIONS. In this subpart:
(1) BLENDED LEARNING.—The term ‘‘blended learning’’ means a formal education program that leverages both tech- nology-based and face-to-face instructional approaches—
(A) that include an element of online or digital learn- ing, combined with supervised learning time, and student- led learning, in which the elements are connected to pro- vide an integrated learning experience; and
(B) in which students are provided some control over time, path, or pace.
(2) CONTROLLED SUBSTANCE.—The term ‘‘controlled sub-
stance’’ means a drug or other substance identified under Schedule I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).
(3) DIGITAL LEARNING.—The term ‘‘digital learning’’ means any instructional practice that effectively uses technology to strengthen a student’s learning experience and encompasses a wide spectrum of tools and practices, including—
(A) interactive learning resources, digital learning con- tent (which may include openly licensed content), software, or simulations, that engage students in academic content;
(B) access to online databases and other primary source documents;
(C) the use of data and information to personalize learning and provide targeted supplementary instruction;
(D) online and computer-based assessments;
(E) learning environments that allow for rich collabo- ration and communication, which may include student col- laboration with content experts and peers;
(F) hybrid or blended learning, which occurs under di- rect instructor supervision at a school or other location away from home and, at least in part, through online de- livery of instruction with some element of student control over time, place, path, or pace; and
(G) access to online course opportunities for students in rural or remote areas.
(4) DRUG.—The term ‘‘drug’’ includes—
(A) controlled substances;
(B) the illegal use of alcohol or tobacco, including smokeless tobacco products and electronic cigarettes; and
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Sec. 4103 ESEA OF 1965 210
(C) the harmful, abusive, or addictive use of sub- stances, including inhalants and anabolic steroids.
(5) DRUG AND VIOLENCE PREVENTION.—The term ‘‘drug and
violence prevention’’ means—
(A) with respect to drugs, prevention, early interven-
tion, rehabilitation referral, recovery support services, or education related to the illegal use of drugs, such as rais- ing awareness about the consequences of drug use that are evidence-based (to the extent a State, in consultation with local educational agencies in the State, determines that such evidence is reasonably available); and
(B) with respect to violence, the promotion of school safety, such that students and school personnel are free from violent and disruptive acts, including sexual harass- ment and abuse, and victimization associated with preju- dice and intolerance, on school premises, going to and from school, and at school-sponsored activities, through the cre- ation and maintenance of a school environment that is free of weapons and fosters individual responsibility and re- spect for the rights of others.
(6) SCHOOL-BASED MENTAL HEALTH SERVICES PROVIDER.—
The term ‘‘school-based mental health services provider’’ in- cludes a State-licensed or State-certified school counselor, school psychologist, school social worker, or other State li- censed or certified mental health professional qualified under State law to provide mental health services to children and adolescents.
(7) STATE.—The term ‘‘State’’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
(8) STEM-FOCUSED SPECIALTY SCHOOL.—The term ‘‘STEM- focused specialty school’’ means a school, or dedicated program within a school, that engages students in rigorous, relevant, and integrated learning experiences focused on science, tech- nology, engineering, and mathematics, including computer science, which include authentic schoolwide research.
SEC. 4103. ø20 U.S.C. 7113¿ FORMULA GRANTS TO STATES.
(a) RESERVATIONS.—From the total amount appropriated under
section 4112 for a fiscal year, the Secretary shall reserve—
(1) one-half of 1 percent for allotments for payments to the outlying areas, to be distributed among those outlying areas on the basis of their relative need, as determined by the Sec-
retary, in accordance with the purpose of this subpart;
(2) one-half of 1 percent for the Secretary of the Interior for programs under this subpart in schools operated or funded
by the Bureau of Indian Education; and
(3) 2 percent for technical assistance and capacity building.
(b) STATE ALLOTMENTS.— (1) ALLOTMENT.—
(A) IN GENERAL.—Subject to subparagraphs (B) and (C), from the amount appropriated to carry out this sub- part that remains after the Secretary makes the reserva- tions under subsection (a), the Secretary shall allot to each
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211 ESEA OF 1965 Sec. 4104
State having a plan approved under subsection (c), an amount that bears the same relationship to the remainder as the amount the State received under subpart 2 of part A of title I for the preceding fiscal year bears to the amount all States received under that subpart for the pre- ceding fiscal year.
(B) SMALL STATE MINIMUM.—No State receiving an al- lotment under this paragraph shall receive less than one- half of 1 percent of the total amount allotted under this paragraph.
(C) PUERTO RICO.—The amount allotted under this paragraph to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-half of 1 percent of the total amount allotted under this paragraph.
(2) REALLOTMENT.—If a State does not receive an allot- ment under this subpart for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the remaining States in accordance with this subsection.
(c) STATE PLAN.—
(1) IN GENERAL.—In order to receive an allotment under this section for any fiscal year, a State shall submit a plan to the Secretary, at such time and in such manner as the Sec- retary may reasonably require.
(2) CONTENTS.—Each plan submitted by a State under this section shall include the following:
(A) A description of how the State educational agency will use funds received under this subpart for State-level activities.
(B) A description of how the State educational agency will ensure that awards made to local educational agencies under this subpart are in amounts that are consistent with section 4105(a)(2).
(C) Assurances that the State educational agency will—
(i) review existing resources and programs across the State and will coordinate any new plans and re- sources under this subpart with such existing re- sources and programs;
(ii) monitor the implementation of activities under this subpart and provide technical assistance to local educational agencies in carrying out such activities; and
(iii) provide for equitable access for all students to the activities supported under this subpart, including aligning those activities with the requirements of other Federal laws.
SEC. 4104. ø20 U.S.C. 7114¿ STATE USE OF FUNDS.
(a) IN GENERAL.—Each State that receives an allotment under
section 4103 for a fiscal year shall—
(1) reserve not less than 95 percent of the allotment to
make allocations to local educational agencies under section
4105;
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Sec. 4104 ESEA OF 1965 212
(2) reserve not more than 1 percent of the allotment for the administrative costs of carrying out its responsibilities under this subpart, including public reporting on how funds made available under this subpart are being expended by local educational agencies, including the degree to which the local educational agencies have made progress toward meeting the objectives and outcomes described in section 4106(e)(1)(E); and
(3) use the amount made available to the State and not re- served under paragraphs (1) and (2) for activities described in subsection (b).
(b) STATE ACTIVITIES.—Each State that receives an allotment
under section 4103 shall use the funds available under subsection (a)(3) for activities and programs designed to meet the purposes of this subpart, which may include—
(1) providing monitoring of, and training, technical assist- ance, and capacity building to, local educational agencies that receive an allotment under section 4105;
(2) identifying and eliminating State barriers to the coordi- nation and integration of programs, initiatives, and funding streams that meet the purposes of this subpart, so that local educational agencies can better coordinate with other agencies, schools, and community-based services and programs; or
(3) supporting local educational agencies in providing pro- grams and activities that—
(A) offer well-rounded educational experiences to all students, as described in section 4107, including female students, minority students, English learners, children with disabilities, and low-income students who are often underrepresented in critical and enriching subjects, which may include—
(i) increasing student access to and improving stu- dent engagement and achievement in—
(I) high-quality courses in science, technology, engineering, and mathematics, including computer science;
(II) activities and programs in music and the arts;
(III) foreign languages;
(IV) accelerated learning programs that pro- vide—
(aa) postsecondary level courses accepted for credit at institutions of higher education, including dual or concurrent enrollment pro- grams, and early college high schools; or
(bb) postsecondary level instruction and examinations that are accepted for credit at institutions of higher education, including Ad- vanced Placement and International Bacca- laureate programs;
(V) American history, civics, economics, geog- raphy, social studies, or government education;
(VI) environmental education; or
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213 ESEA OF 1965 Sec. 4104
(VII) other courses, activities, and programs or other experiences that contribute to a well- rounded education; or
(ii) reimbursing low-income students to cover part
or all of the costs of accelerated learning examination fees, as described in clause (i)(IV);
(B) foster safe, healthy, supportive, and drug-free envi-
ronments that support student academic achievement, as described in section 4108, which may include—
(i) coordinating with any local educational agen- cies or consortia of such agencies implementing a youth PROMISE plan to reduce exclusionary dis- cipline, as described in section 4108(5)(F);
(ii) supporting local educational agencies to—
(I) implement mental health awareness train- ing programs that are evidence-based (to the ex- tent the State determines that such evidence is reasonably available) to provide education to school personnel regarding resources available in the community for students with mental illnesses and other relevant resources relating to mental health or the safe de-escalation of crisis situations
involving a student with a mental illness; or
(II) expand access to or coordinate resources for school-based counseling and mental health programs, such as through school-based mental
health services partnership programs;
(iii) providing local educational agencies with re- sources that are evidence-based (to the extent the State determines that such evidence is reasonably available) addressing ways to integrate health and safety practices into school or athletic programs; and
(iv) disseminating best practices and evaluating program outcomes relating to any local educational agency activities to promote student safety and vio- lence prevention through effective communication as described in section 4108(5)(C)(iv); and
(C) increase access to personalized, rigorous learning experiences supported by technology by—
(i) providing technical assistance to local edu- cational agencies to improve the ability of local edu- cational agencies to—
(I) identify and address technology readiness needs, including the types of technology infra- structure and access available to the students served by the local educational agency, including computer devices, access to school libraries, Inter- net connectivity, operating systems, software, re- lated network infrastructure, and data security;
(II) use technology, consistent with the prin- ciples of universal design for learning, to support the learning needs of all students, including chil- dren with disabilities and English learners; and
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Sec. 4105
ESEA OF 1965 214
(III) build capacity for principals, other school leaders, and local educational agency administra- tors to support teachers in using data and tech- nology to improve instruction and personalize learning;
(ii) supporting schools in rural and remote areas
to expand access to high-quality digital learning op- portunities;
(iii) developing or using strategies that are inno- vative or evidence-based (to the extent the State deter- mines that such evidence is reasonably available) for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including digital learning technologies and assistive technology, which may include increased access to on- line dual or concurrent enrollment opportunities, ca- reer and technical courses, and programs leading to a recognized postsecondary credential (as defined in sec- tion 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102));
(iv) disseminating promising practices related to technology instruction, data security, and the acquisi- tion and implementation of technology tools and appli- cations, including through making such promising practices publicly available on the website of the State educational agency;
(v) providing teachers, paraprofessionals, school li- brarians and media personnel, specialized instruc- tional support personnel, and administrators with the knowledge and skills to use technology effectively, in- cluding effective integration of technology, to improve instruction and student achievement, which may in- clude coordination with teacher, principal, and other school leader preparation programs; and
(vi) making instructional content widely available through open educational resources, which may in- clude providing tools and processes to support local educational agencies in making such resources widely available.
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(c) SPECIAL RULE.—A State that receives a grant under this subpart for fiscal year 2017 may use the amount made available to the State and not reserved under paragraphs (1) and (2) of sub- section (a) for such fiscal year to cover part or all of the fees for accelerated learning examinations taken by low-income students during the 2016-2017 school year, in accordance with subsection (b)(3)(A)(ii).
SEC. 4105. ø20 U.S.C. 7115¿ ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.
(a) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.—
(1) IN GENERAL.—From the funds reserved by a State under section 4104(a)(1), the State shall allocate to each local educational agency in the State that has an application ap- proved by the State educational agency under section 4106 an amount that bears the same relationship to the total amount
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215 ESEA OF 1965 Sec. 4106
of such reservation as the amount the local educational agency received under subpart 2 of part A of title I for the preceding fiscal year bears to the total amount received by all local edu- cational agencies in the State under such subpart for the pre- ceding fiscal year.
(2) MINIMUM LOCAL EDUCATIONAL AGENCY ALLOCATION.— No allocation to a local educational agency under this sub- section may be made in an amount that is less than $10,000, subject to subsection (b).
(3) CONSORTIA.—Local educational agencies in a State may form a consortium with other surrounding local educational agencies and combine the funds each such agency in the con- sortium receives under this section to jointly carry out the local activities described in this subpart.
(b) RATABLE REDUCTION.—If the amount reserved by the State
under section 4104(a)(1) is insufficient to make allocations to local educational agencies in an amount equal to the minimum alloca- tion described in subsection (a)(2), such allocations shall be ratably reduced.
(c) ADMINISTRATIVE COSTS.—Of the amount received under subsection (a)(2), a local educational agency may reserve not more than 2 percent for the direct administrative costs of carrying out the local educational agency’s responsibilities under this subpart.
SEC. 4106. ø20 U.S.C. 7116¿ LOCAL EDUCATIONAL AGENCY APPLICA- TIONS.
(a) ELIGIBILITY.—To be eligible to receive an allocation under section 4105(a), a local educational agency shall—
(1) submit an application, which shall contain, at a min- imum, the information described in subsection (e), to the State educational agency at such time, in such manner, and con- taining such information as the State educational agency may reasonably require; and
(2) complete a needs assessment in accordance with sub- section (d).
(b) CONSORTIUM.—If a local educational agency desires to carry out the activities described in this subpart in consortium with one or more surrounding local educational agencies as described in sec- tion 4105(a)(3), such local educational agencies shall submit a sin- gle application as required under subsection (a).
(c) CONSULTATION.—
(1) IN GENERAL.—A local educational agency, or consortium
of such agencies, shall develop its application through con- sultation with parents, teachers, principals, other school lead- ers, specialized instructional support personnel, students, com- munity-based organizations, local government representatives (which may include a local law enforcement agency, local juve- nile court, local child welfare agency, or local public housing agency), Indian tribes or tribal organizations that may be lo- cated in the region served by the local educational agency (where applicable), charter school teachers, principals, and other school leaders (if such agency or consortium of such agencies supports charter schools), and others with relevant and demonstrated expertise in programs and activities de- signed to meet the purpose of this subpart.
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Sec. 4106 ESEA OF 1965 216
(2) CONTINUED CONSULTATION.—The local educational agency, or consortium of such agencies, shall engage in contin- ued consultation with the entities described in paragraph (1) in order to improve the local activities in order to meet the pur- pose of this subpart and to coordinate such implementation with other related strategies, programs, and activities being conducted in the community.
(d) NEEDS ASSESSMENT.—
(1) IN GENERAL.—Except as provided in paragraph (2) and prior to receiving an allocation under this subpart, a local edu- cational agency or consortium of such agencies shall conduct a comprehensive needs assessment of the local educational agen- cy or agencies proposed to be served under this subpart in order to examine needs for improvement of—
(A) access to, and opportunities for, a well-rounded education for all students;
(B) school conditions for student learning in order to create a healthy and safe school environment; and
(C) access to personalized learning experiences sup- ported by technology and professional development for the effective use of data and technology.
(2) EXCEPTION.—A local educational agency receiving an
allocation under section 4105(a) in an amount that is less than $30,000 shall not be required to conduct a comprehensive needs assessment under paragraph (1).
(3) FREQUENCY OF NEEDS ASSESSMENT.—Each local edu- cational agency, or consortium of local educational agencies, shall conduct the needs assessment described in paragraph (1) once every 3 years.
(e) CONTENTS OF LOCAL APPLICATION.—Each application sub-
mitted under this section by a local educational agency, or a con- sortium of such agencies, shall include the following:
(1) DESCRIPTIONS.—A description of the activities and pro- gramming that the local educational agency, or consortium of such agencies, will carry out under this subpart, including a description of—
(A) any partnership with an institution of higher edu- cation, business, nonprofit organization, community-based organization, or other public or private entity with a dem- onstrated record of success in implementing activities under this subpart;
(B) if applicable, how funds will be used for activities related to supporting well-rounded education under section 4107;
(C) if applicable, how funds will be used for activities related to supporting safe and healthy students under sec- tion 4108;
(D) if applicable, how funds will be used for activities related to supporting the effective use of technology in schools under section 4109; and
(E) the program objectives and intended outcomes for activities under this subpart, and how the local edu- cational agency, or consortium of such agencies, will peri- odically evaluate the effectiveness of the activities carried
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217 ESEA OF 1965 Sec. 4107
out under this section based on such objectives and out- comes.
(2) ASSURANCES.—Each application shall include assur-
ances that the local educational agency, or consortium of such agencies, will—
(A) prioritize the distribution of funds to schools served by the local educational agency, or consortium of such agencies, that—
(i) are among the schools with the greatest needs, as determined by such local educational agency, or consortium;
(ii) have the highest percentages or numbers of children counted under section 1124(c);
(iii) are identified for comprehensive support and improvement under section 1111(c)(4)(D)(i);
(iv) are implementing targeted support and im- provement plans as described in section 1111(d)(2); or (v) are identified as a persistently dangerous pub- lic elementary school or secondary school under sec-
tion 8532;
(B) comply with section 8501 (regarding equitable par- ticipation by private school children and teachers);
(C) use not less than 20 percent of funds received under this subpart to support one or more of the activities authorized under section 4107;
(D) use not less than 20 percent of funds received under this subpart to support one or more activities au- thorized under section 4108;
(E) use a portion of funds received under this subpart to support one or more activities authorized under section 4109(a), including an assurance that the local educational agency, or consortium of local educational agencies, will comply with section 4109(b); and
(F) annually report to the State for inclusion in the re- port described in section 4104(a)(2) how funds are being used under this subpart to meet the requirements of sub- paragraphs (C) through (E).
(f) SPECIAL RULE.—Any local educational agency receiving an allocation under section 4105(a)(1) in an amount less than $30,000 shall be required to provide only one of the assurances described in subparagraphs (C), (D), and (E) of subsection (e)(2).
SEC. 4107. ø20 U.S.C. 7117¿ ACTIVITIES TO SUPPORT WELL-ROUNDED EDUCATIONAL OPPORTUNITIES.
(a) IN GENERAL.—Subject to section 4106(f), each local edu- cational agency, or consortium of such agencies, that receives an al- location under section 4105(a) shall use a portion of such funds to develop and implement programs and activities that support access to a well-rounded education and that—
(1) are coordinated with other schools and community- based services and programs;
(2) may be conducted in partnership with an institution of higher education, business, nonprofit organization, community- based organization, or other public or private entity with a
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Sec. 4107 ESEA OF 1965 218
demonstrated record of success in implementing activities under this section; and
(3) may include programs and activities, such as—
(A) college and career guidance and counseling pro-
grams, such as—
(i) postsecondary education and career awareness
and exploration activities;
(ii) training counselors to effectively use labor
market information in assisting students with postsec- ondary education and career planning; and
(iii) financial literacy and Federal financial aid awareness activities;
(B) programs and activities that use music and the
arts as tools to support student success through the pro- motion of constructive student engagement, problem solv- ing, and conflict resolution;
(C) programming and activities to improve instruction and student engagement in science, technology, engineer- ing, and mathematics, including computer science, (re- ferred to in this section as ‘‘STEM subjects’’) such as—
(i) increasing access for students through grade 12 who are members of groups underrepresented in such subject fields, such as female students, minority stu- dents, English learners, children with disabilities, and economically disadvantaged students, to high-quality courses;
(ii) supporting the participation of low-income stu- dents in nonprofit competitions related to STEM sub- jects (such as robotics, science research, invention, mathematics, computer science, and technology com- petitions);
(iii) providing hands-on learning and exposure to science, technology, engineering, and mathematics and supporting the use of field-based or service learning to enhance the students’ understanding of the STEM subjects;
(iv) supporting the creation and enhancement of STEM-focused specialty schools;
(v) facilitating collaboration among school, after- school program, and informal program personnel to improve the integration of programming and instruc- tion in the identified subjects; and
(vi) integrating other academic subjects, including the arts, into STEM subject programs to increase par- ticipation in STEM subjects, improve attainment of skills related to STEM subjects, and promote well- rounded education;
(D) efforts to raise student academic achievement
through accelerated learning programs described in section 4104(b)(3)(A)(i)(IV), such as—
(i) reimbursing low-income students to cover part or all of the costs of accelerated learning examination fees, if the low-income students are enrolled in acceler-
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219 ESEA OF 1965 Sec. 4108
ated learning courses and plan to take accelerated learning examinations; or
(ii) increasing the availability of, and enrollment in, accelerated learning courses, accelerated learning examinations, dual or concurrent enrollment pro- grams, and early college high school courses;
(E) activities to promote the development, implemen-
tation, and strengthening of programs to teach traditional American history, civics, economics, geography, or govern- ment education;
(F) foreign language instruction;
(G) environmental education;
(H) programs and activities that promote volunteerism
and community involvement;
(I) programs and activities that support educational
programs that integrate multiple disciplines, such as pro- grams that combine arts and mathematics; or
(J) other activities and programs to support student access to, and success in, a variety of well-rounded edu- cation experiences.
(b) SPECIAL RULE.—A local educational agency, or consortium of such agencies, that receives a subgrant under this subpart for fiscal year 2017 may use such funds to cover part or all of the fees for accelerated learning examinations taken by low-income stu- dents during the 2016-2017 school year, in accordance with sub- section (a)(3)(D).
SEC. 4108. ø20 U.S.C. 7118¿ ACTIVITIES TO SUPPORT SAFE AND HEALTHY STUDENTS.
Subject to section 4106(f), each local educational agency, or consortium of such agencies, that receives an allocation under sec- tion 4105(a) shall use a portion of such funds to develop, imple- ment, and evaluate comprehensive programs and activities that—
(1) are coordinated with other schools and community- based services and programs;
(2) foster safe, healthy, supportive, and drug-free environ- ments that support student academic achievement;
(3) promote the involvement of parents in the activity or program;
(4) may be conducted in partnership with an institution of higher education, business, nonprofit organization, community- based organization, or other public or private entity with a demonstrated record of success in implementing activities de- scribed in this section; and
(5) may include, among other programs and activities—
(A) drug and violence prevention activities and pro- grams that are evidence-based (to the extent the State, in consultation with local educational agencies in the State, determines that such evidence is reasonably available) in-
cluding—
(i) programs to educate students against the use
of alcohol, tobacco, marijuana, smokeless tobacco prod- ucts, and electronic cigarettes; and
(ii) professional development and training for school and specialized instructional support personnel
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Sec. 4108
ESEA OF 1965 220
and interested community members in prevention, education, early identification, intervention mentoring, recovery support services and, where appropriate, re- habilitation referral, as related to drug and violence prevention;
(B) in accordance with sections 4001 and 4111—
(i) school-based mental health services, including early identification of mental health symptoms, drug use, and violence, and appropriate referrals to direct individual or group counseling services, which may be provided by school-based mental health services pro-
viders; and
(ii) school-based mental health services partner-
ship programs that—
(I) are conducted in partnership with a public
or private mental health entity or health care en- tity; and
(II) provide comprehensive school-based men- tal health services and supports and staff develop- ment for school and community personnel working in the school that are—
(aa) based on trauma-informed practices that are evidence-based (to the extent the State, in consultation with local educational agencies in the State, determines that such evidence is reasonably available);
(bb) coordinated (where appropriate) with early intervening services provided under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); and
(cc) provided by qualified mental and be- havioral health professionals who are certified or licensed by the State involved and prac- ticing within their area of expertise;
(C) programs or activities that—
(i) integrate health and safety practices into
school or athletic programs;
(ii) support a healthy, active lifestyle, including
nutritional education and regular, structured physical education activities and programs, that may address chronic disease management with instruction led by school nurses, nurse practitioners, or other appro- priate specialists or professionals to help maintain the well-being of students;
(iii) help prevent bullying and harassment;
(iv) improve instructional practices for developing relationship-building skills, such as effective commu- nication, and improve safety through the recognition and prevention of coercion, violence, or abuse, includ- ing teen and dating violence, stalking, domestic abuse, and sexual violence and harassment;
(v) provide mentoring and school counseling to all students, including children who are at risk of aca- demic failure, dropping out of school, involvement in
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221 ESEA OF 1965 Sec. 4108
criminal or delinquent activities, or drug use and abuse;
(vi) establish or improve school dropout and re- entry programs; or
(vii) establish learning environments and enhance students’ effective learning skills that are essential for school readiness and academic success, such as by pro- viding integrated systems of student and family sup- ports;
(D) high-quality training for school personnel, includ- ing specialized instructional support personnel, related to—
(i) suicide prevention;
(ii) effective and trauma-informed practices in classroom management;
(iii) crisis management and conflict resolution techniques;
(iv) human trafficking (defined, for purposes of this subparagraph, as an act or practice described in paragraph (9) or (10) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102));
(v) school-based violence prevention strategies;
(vi) drug abuse prevention, including educating children facing substance abuse at home; and
(vii) bullying and harassment prevention;
(E) in accordance with sections 4001 and 4111, child sexual abuse awareness and prevention programs or ac- tivities, such as programs or activities designed to pro- vide—
(i) age-appropriate and developmentally-appro- priate instruction for students in child sexual abuse awareness and prevention, including how to recognize child sexual abuse and how to safely report child sex- ual abuse; and
(ii) information to parents and guardians of stu- dents about child sexual abuse awareness and preven- tion, including how to recognize child sexual abuse and how to discuss child sexual abuse with a child;
(F) designing and implementing a locally-tailored plan
to reduce exclusionary discipline practices in elementary and secondary schools that—
(i) is consistent with best practices;
(ii) includes strategies that are evidence-based (to the extent the State, in consultation with local edu- cational agencies in the State, determines that such evidence is reasonably available); and
(iii) is aligned with the long-term goal of prison re- duction through opportunities, mentoring, interven- tion, support, and other education services, referred to as a ‘‘youth PROMISE plan’’; or
(G) implementation of schoolwide positive behavioral
interventions and supports, including through coordination with similar activities carried out under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), in
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Sec. 4109
ESEA OF 1965 222
order to improve academic outcomes and school conditions for student learning;
(H) designating a site resource coordinator at a school or local educational agency to provide a variety of services, such as—
(i) establishing partnerships within the commu- nity to provide resources and support for schools;
(ii) ensuring that all service and community part- ners are aligned with the academic expectations of a community school in order to improve student success; and
(iii) strengthening relationships between schools and communities; or
(I) pay for success initiatives aligned with the pur-
poses of this section.
February 1, 2023
SEC. 4109. ø20 U.S.C. 7119¿ ACTIVITIES TO SUPPORT THE EFFECTIVE USE OF TECHNOLOGY.
(a) USES OF FUNDS.—Subject to section 4106(f), each local edu- cational agency, or consortium of such agencies, that receives an al- location under section 4015(a) shall use a portion of such funds to improve the use of technology to improve the academic achieve- ment, academic growth, and digital literacy of all students, includ- ing by meeting the needs of such agency or consortium that are identified in the needs assessment conducted under section 4106(d) (if applicable), which may include—
(1) providing educators, school leaders, and administrators with the professional learning tools, devices, content, and re- sources to—
(A) personalize learning to improve student academic achievement;
(B) discover, adapt, and share relevant high-quality educational resources;
(C) use technology effectively in the classroom, includ- ing by administering computer-based assessments and blended learning strategies; and
(D) implement and support school- and district-wide approaches for using technology to inform instruction, sup- port teacher collaboration, and personalize learning;
(2) building technological capacity and infrastructure,
which may include—
(A) procuring content and ensuring content quality;
and
(B) purchasing devices, equipment, and software appli-
cations in order to address readiness shortfalls;
(3) developing or using effective or innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including digital learn- ing technologies and assistive technology;
(4) carrying out blended learning projects, which shall in- clude—
(A) planning activities, which may include develop- ment of new instructional models (including blended learn- ing technology software and platforms), the purchase of digital instructional resources, initial professional develop-
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223 ESEA OF 1965 Sec. 4121
ment activities, and one-time information technology pur- chases, except that such expenditures may not include ex- penditures related to significant construction or renovation of facilities; or
(B) ongoing professional development for teachers, principals, other school leaders, or other personnel in- volved in the project that is designed to support the imple- mentation and academic success of the project;
(5) providing professional development in the use of tech- nology (which may be provided through partnerships with out- side organizations) to enable teachers and instructional leaders to increase student achievement in the areas of science, tech- nology, engineering, and mathematics, including computer science; and
(6) providing students in rural, remote, and underserved areas with the resources to take advantage of high-quality dig- ital learning experiences, digital resources, and access to online courses taught by effective educators.
(b) SPECIAL RULE.—A local educational agency, or consortium
of such agencies, shall not use more than 15 percent of funds for purchasing technology infrastructure as described in subsection (a)(2)(B), which shall include technology infrastructure purchased for the activities under subsection (a)(4)(A).
SEC. 4110. ø20 U.S.C. 7120¿ SUPPLEMENT, NOT SUPPLANT.
Funds made available under this subpart shall be used to sup- plement, and not supplant, non-Federal funds that would otherwise
be used for activities authorized under this subpart.
SEC. 4111. ø20 U.S.C. 7121¿ RULE OF CONSTRUCTION. Nothing in this subpart may be construed to—
(1) authorize activities or programming that encourages teenage sexual activity; or
(2) prohibit effective activities or programming that meet the requirements of section 8526.
SEC. 4112. ø20 U.S.C. 7122¿ AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated to carry out this subpart $1,650,000,000 for fiscal year 2017 and
$1,600,000,000 for each of fiscal years 2018 through 2020.
(b) FORWARD FUNDING.—Section 420 of the General Education
Provisions Act (20 U.S.C. 1223) shall apply to this subpart.
Subpart 2—Internet Safety
SEC. 4121. ø20 U.S.C. 7131¿ INTERNET SAFETY.
(a) IN GENERAL.—No funds made available under this part to
a local educational agency for an elementary school or secondary school that does not receive services at discount rates under section 254(h)(5) of the Communications Act of 1934 (47 U.S.C. 254(h)(5)) may be used to purchase computers used to access the Internet, or to pay for direct costs associated with accessing the Internet, for such school unless the school, school board, local educational agen- cy, or other authority with responsibility for administration of such school both—
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(1)(A) has in place a policy of Internet safety for minors that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depic- tions that are—
(i) obscene;
(ii) child pornography; or (iii) harmful to minors; and
(B) is enforcing the operation of such technology protection measure during any use of such computers by minors; and
(2)(A) has in place a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are—
(i) obscene; or
(ii) child pornography; and
(B) is enforcing the operation of such technology protection
measure during any use of such computers.
(b) TIMING AND APPLICABILITY OF IMPLEMENTATION.—
(1) IN GENERAL.—The local educational agency with re- sponsibility for a school covered by subsection (a) shall certify the compliance of such school with the requirements of sub- section (a) as part of the application process for the next pro- gram funding year under this Act following December 21, 2000, and for each subsequent program funding year there- after.
(2) PROCESS.—
(A) SCHOOLS WITH INTERNET SAFETY POLICIES AND
TECHNOLOGY PROTECTION MEASURES IN PLACE.—A local educational agency with responsibility for a school covered by subsection (a) that has in place an Internet safety pol- icy meeting the requirements of subsection (a) shall certify its compliance with subsection (a) during each annual pro- gram application cycle under this Act.
(B) SCHOOLS WITHOUT INTERNET SAFETY POLICIES AND TECHNOLOGY PROTECTION MEASURES IN PLACE.—
(i) CERTIFICATION.—A local educational agency with responsibility for a school covered by subsection (a) that does not have in place an Internet safety pol- icy meeting the requirements of subsection (a)—
(I) for the first program year after December 21, 2000, in which the local educational agency is applying for funds for such school under this Act, shall certify that it is undertaking such actions, including any necessary procurement procedures, to put in place an Internet safety policy that meets such requirements; and
(II) for the second program year after Decem- ber 21, 2000, in which the local educational agen- cy is applying for funds for such school under this Act, shall certify that such school is in compliance with such requirements.
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225 ESEA OF 1965 Sec. 4121
(ii) INELIGIBILITY.—Any school covered by sub- section (a) for which the local educational agency con- cerned is unable to certify compliance with such re- quirements in such second program year shall be ineli- gible for all funding under this part for such second program year and all subsequent program years until such time as such school comes into compliance with such requirements.
(C) WAIVERS.—Any school subject to a certification
under subparagraph (B)(i)(II) for which the local edu- cational agency concerned cannot make the certification otherwise required by that subparagraph may seek a waiv- er of that subparagraph if State or local procurement rules or regulations or competitive bidding requirements prevent the making of the certification otherwise required by that subparagraph. The local educational agency concerned shall notify the Secretary of the applicability of that sub- paragraph to the school. Such notice shall certify that the school will be brought into compliance with the require- ments in subsection (a) before the start of the third pro- gram year after December 21, 2000, in which the school is applying for funds under this part.
(c) DISABLING DURING CERTAIN USE.—An administrator, super- visor, or person authorized by the responsible authority under sub- section (a) may disable the technology protection measure con- cerned to enable access for bona fide research or other lawful pur- poses.
(d) NONCOMPLIANCE.—
(1) USE OF GENERAL EDUCATION PROVISIONS ACT REM-
EDIES.—Whenever the Secretary has reason to believe that any recipient of funds under this part is failing to comply substan- tially with the requirements of this section, the Secretary may—
(A) withhold further payments to the recipient under this part;
(B) issue a complaint to compel compliance of the re- cipient through a cease and desist order; or
(C) enter into a compliance agreement with a recipient to bring it into compliance with such requirements,
in same manner as the Secretary is authorized to take such ac- tions under sections 455, 456, and 457, respectively, of the General Education Provisions Act.
(2) RECOVERY OF FUNDS PROHIBITED.—The actions author- ized by paragraph (1) are the exclusive remedies available with respect to the failure of a school to comply substantially with a provision of this section, and the Secretary shall not seek a recovery of funds from the recipient for such failure.
(3) RECOMMENCEMENT OF PAYMENTS.—Whenever the Sec- retary determines (whether by certification or other appro- priate evidence) that a recipient of funds who is subject to the withholding of payments under paragraph (1)(A) has cured the failure providing the basis for the withholding of payments, the Secretary shall cease the withholding of payments to the re- cipient under that paragraph.
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Sec. 4201 ESEA OF 1965 226
(e) DEFINITIONS.—In this subpart:
(1) COMPUTER.—The term ‘‘computer’’ includes any hard-
ware, software, or other technology attached or connected to, installed in, or otherwise used in connection with a computer. (2) ACCESS TO INTERNET.—A computer shall be considered to have access to the Internet if such computer is equipped with a modem or is connected to a computer network that has
access to the Internet.
(3) ACQUISITION OR OPERATION.—An elementary school or
secondary school shall be considered to have received funds under this part for the acquisition or operation of any com- puter if such funds are used in any manner, directly or indi- rectly—
(A) to purchase, lease, or otherwise acquire or obtain the use of such computer; or
(B) to obtain services, supplies, software, or other ac- tions or materials to support, or in connection with, the op- eration of such computer.
(4) MINOR.—The term ‘‘minor’’ means an individual who
has not attained the age of 17.
(5) CHILD PORNOGRAPHY.—The term ‘‘child pornography’’
has the meaning given that term in section 2256 of title 18, United States Code.
(6) HARMFUL TO MINORS.—The term ‘‘harmful to minors’’ means any picture, image, graphic image file, or other visual depiction that—
(A) taken as a whole and with respect to minors, ap- peals to a prurient interest in nudity, sex, or excretion;
(B) depicts, describes, or represents, in a patently of- fensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhi- bition of the genitals; and
(C) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.
(7) OBSCENE.—The term ‘‘obscene’’ has the meaning appli-
cable to that term under section 1460 of title 18, United States Code.
(8) SEXUAL ACT AND SEXUAL CONTACT.—The terms ‘‘sexual act’’ and ‘‘sexual contact’’ have the meanings given those terms in section 2246 of title 18, United States Code.
(f) SEVERABILITY.—If any provision of this section is held in-
valid, the remainder of this section shall not be affected thereby.
PART B—NITA M. LOWEY 21ST CENTURY COMMUNITY LEARNING CENTERS
SEC. 4201. ø20 U.S.C. 7171¿ PURPOSE; DEFINITIONS.
(a) PURPOSE.—The purpose of this part is to provide opportuni-
ties for communities to establish or expand activities in community learning centers that—
(1) provide opportunities for academic enrichment, includ- ing providing tutorial services to help students, particularly
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227 ESEA OF 1965 Sec. 4201
students who attend low-performing schools, to meet the chal- lenging State academic standards;
(2) offer students a broad array of additional services, pro- grams, and activities, such as youth development activities, service learning, nutrition and health education, drug and vio- lence prevention programs, counseling programs, arts, music, physical fitness and wellness programs, technology education programs, financial literacy programs, environmental literacy programs, mathematics, science, career and technical pro- grams, internship or apprenticeship programs, and other ties to an in-demand industry sector or occupation for high school students that are designed to reinforce and complement the regular academic program of participating students; and
(3) offer families of students served by community learning centers opportunities for active and meaningful engagement in their children’s education, including opportunities for literacy and related educational development.
(b) DEFINITIONS.—In this part:
(1) COMMUNITY LEARNING CENTER.—The term ‘‘community learning center’’ means an entity that—
(A) assists students to meet the challenging State aca- demic standards by providing the students with academic enrichment activities and a broad array of other activities (such as programs and activities described in subsection (a)(2)) during nonschool hours or periods when school is not in session (such as before and after school or during summer recess) that—
(i) reinforce and complement the regular academic programs of the schools attended by the students served; and
(ii) are targeted to the students’ academic needs and aligned with the instruction students receive dur- ing the school day; and
(B) offers families of students served by such center
opportunities for active and meaningful engagement in their children’s education, including opportunities for lit- eracy and related educational development.
(2) COVERED PROGRAM.—The term ‘‘covered program’’
means a program for which—
(A) the Secretary made a grant under this part (as
this part was in effect on the day before the effective date of this part under the Every Student Succeeds Act); and
(B) the grant period had not ended on that effective date.
(3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a local educational agency, community-based organization, In- dian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Act (25 U.S.C. 450b)), another public or private entity, or a consor- tium of 2 or more such agencies, organizations, or entities.
(4) EXTERNAL ORGANIZATION.—The term ‘‘external organi- zation’’ means—
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Sec. 4202
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(A) a nonprofit organization with a record of success in running or working with before and after school (or sum- mer recess) programs and activities; or
(B) in the case of a community where there is no such organization, a nonprofit organization in the community that enters into a written agreement or partnership with an organization described in subparagraph (A) to receive mentoring and guidance in running or working with before and after school (or summer recess) programs and activi- ties.
February 1, 2023
(5) RIGOROUS PEER-REVIEW PROCESS.—The term ‘‘rigorous peer-review process’’ means a process by which—
(A) employees of a State educational agency who are familiar with the programs and activities assisted under this part review all applications that the State receives for awards under this part for completeness and applicant eli- gibility;
(B) the State educational agency selects peer reviewers for such applications, who shall—
(i) be selected for their expertise in providing ef- fective academic, enrichment, youth development, and related services to children; and
(ii) not include any applicant, or representative of an applicant, that has submitted an application under this part for the current application period; and
(C) the peer reviewers described in subparagraph (B)
review and rate the applications to determine the extent to which the applications meet the requirements under sections 4204(b) and 4205.
(6) STATE.—The term ‘‘State’’ means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
SEC. 4202. ø20 U.S.C. 7172¿ ALLOTMENTS TO STATES.
(a) RESERVATION.—From the funds appropriated under section
4206 for any fiscal year, the Secretary shall reserve—
(1) such amounts as may be necessary to make continu- ation awards to subgrant recipients under covered programs
(under the terms of those grants);
(2) not more than 1 percent for national activities, which
the Secretary may carry out directly or through grants and contracts, such as providing technical assistance to eligible en- tities carrying out programs under this part or conducting a national evaluation; and
(3) not more than 1 percent for payments to the outlying areas and the Bureau of Indian Education, to be allotted in ac- cordance with their respective needs for assistance under this part, as determined by the Secretary, to enable the outlying areas and the Bureau to carry out the purpose of this part.
(b) STATE ALLOTMENTS.—
(1) DETERMINATION.—From the funds appropriated under section 4206 for any fiscal year and remaining after the Sec- retary makes reservations under subsection (a), the Secretary shall allot to each State for the fiscal year an amount that
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229 ESEA OF 1965 Sec. 4202
bears the same relationship to the remainder as the amount the State received under subpart 2 of part A of title I for the preceding fiscal year bears to the amount all States received under that subpart for the preceding fiscal year, except that no State shall receive less than an amount equal to one-half of 1 percent of the total amount made available to all States under this subsection.
(2) REALLOTMENT OF UNUSED FUNDS.—If a State does not receive an allotment under this part for a fiscal year, the Sec- retary shall reallot the amount of the State’s allotment to the remaining States in accordance with this part.
(c) STATE USE OF FUNDS.—
(1) IN GENERAL.—Each State that receives an allotment under this part shall reserve not less than 93 percent of the amount allotted to such State under subsection (b), for each fis- cal year for awards to eligible entities under section 4204.
(2) STATE ADMINISTRATION.—A State educational agency may use not more than 2 percent of the amount made avail- able to the State under subsection (b) for—
(A) the administrative costs of carrying out its respon- sibilities under this part;
(B) establishing and implementing a rigorous peer-re- view process for subgrant applications described in section 4204(b) (including consultation with the Governor and other State agencies responsible for administering youth development programs and adult learning activities); and
(C) awarding of funds to eligible entities (in consulta- tion with the Governor and other State agencies respon- sible for administering youth development programs and adult learning activities).
(3) STATE ACTIVITIES.—A State educational agency may
use not more than 5 percent of the amount made available to the State under subsection (b) for the following activities:
(A) Monitoring and evaluating programs and activities assisted under this part.
(B) Providing capacity building, training, and technical assistance under this part.
(C) Conducting a comprehensive evaluation (directly, or through a grant or contract) of the effectiveness of pro- grams and activities assisted under this part.
(D) Providing training and technical assistance to eli- gible entities that are applicants for or recipients of awards under this part.
(E) Ensuring that any eligible entity that receives an award under this part from the State aligns the activities provided by the program with the challenging State aca- demic standards.
(F) Ensuring that any such eligible entity identifies and partners with external organizations, if available, in the community.
(H) Coordinating funds received under this part with other Federal and State funds to implement high-quality programs.
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Sec. 4203
ESEA OF 1965 230
(I) Providing a list of prescreened external organiza- tions, as described under section 4203(a)(11).
(G) Working with teachers, principals, parents, the local workforce, the local community, and other stake- holders to review and improve State policies and practices to support the implementation of effective programs under this part.
February 1, 2023
SEC. 4203. ø20 U.S.C. 7173¿ STATE APPLICATION.
(a) IN GENERAL.—In order to receive an allotment under sec-
tion 4202 for any fiscal year, a State shall submit to the Secretary, at such time as the Secretary may require, an application that— (1) designates the State educational agency as the agency responsible for the administration and supervision of programs
assisted under this part;
(2) describes how the State educational agency will use
funds received under this part, including funds reserved for State-level activities;
(3) contains an assurance that the State educational agen- cy—
(A) will make awards under this part to eligible enti- ties that serve—
(i) students who primarily attend—
(I) schools implementing comprehensive sup-
port and improvement activities or targeted sup- port and improvement activities under section 1111(d); and
(II) other schools determined by the local edu- cational agency to be in need of intervention and support; and
(ii) the families of such students; and
(B) will further give priority to eligible entities that propose in the application to serve students described in subclauses (I) and (II) of section 4204(i)(1)(A)(i);
(4) describes the procedures and criteria the State edu-
cational agency will use for reviewing applications and award- ing funds to eligible entities on a competitive basis, which shall include procedures and criteria that take into consideration the likelihood that a proposed community learning center will help participating students meet the challenging State academic standards and any local academic standards;
(5) describes how the State educational agency will ensure that awards made under this part are—
(A) of sufficient size and scope to support high-quality, effective programs that are consistent with the purpose of this part; and
(B) in amounts that are consistent with section 4204(h);
(6) describes the steps the State educational agency will take to ensure that programs implement effective strategies, including providing ongoing technical assistance and training, evaluation, dissemination of promising practices, and coordina- tion of professional development for staff in specific content areas and youth development;
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231 ESEA OF 1965 Sec. 4203
(7) describes how programs under this part will be coordi- nated with programs under this Act, and other programs as appropriate;
(8) contains an assurance that the State educational agen- cy—
(A) will make awards for programs for a period of not less than 3 years and not more than 5 years; and
(B) will require each eligible entity seeking such an award to submit a plan describing how the activities to be funded through the award will continue after funding under this part ends;
(9) contains an assurance that funds appropriated to carry
out this part will be used to supplement, and not supplant, other Federal, State, and local public funds expended to pro- vide programs and activities authorized under this part and other similar programs;
(10) contains an assurance that the State educational agency will require eligible entities to describe in their applica- tions under section 4204(b) how the transportation needs of participating students will be addressed;
(11) describes how the State will—
(A) prescreen external organizations that could pro-
vide assistance in carrying out the activities under this part; and
(B) develop and make available to eligible entities a list of external organizations that successfully completed the prescreening process;
(12) provides—
(A) an assurance that the application was developed in consultation and coordination with appropriate State offi- cials, including the chief State school officer, and other State agencies administering before and after school (or summer recess) programs and activities, the heads of the State health and mental health agencies or their des- ignees, statewide after-school networks (where applicable) and representatives of teachers, local educational agencies, and community-based organizations; and
(B) a description of any other representatives of teach- ers, parents, students, or the business community that the State has selected to assist in the development of the ap- plication, if applicable;
(13) describes the results of the State’s needs and re-
sources assessment for before and after school (or summer re- cess) programs and activities, which shall be based on the re- sults of on-going State evaluation activities;
(14) describes how the State educational agency will evalu- ate the effectiveness of programs and activities carried out under this part, which shall include, at a minimum—
(A) a description of the performance indicators and performance measures that will be used to evaluate pro- grams and activities with emphasis on alignment with the regular academic program of the school and the academic needs of participating students, including performance in- dicators and measures that—
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(i) are able to track student success and improve- ment over time;
(ii) include State assessment results and other in- dicators of student success and improvement, such as improved attendance during the school day, better classroom grades, regular (or consistent) program at- tendance, and on-time advancement to the next grade level; and
(iii) for high school students, may include indica- tors such as career competencies, successful comple- tion of internships or apprenticeships, or work-based learning opportunities;
(B) a description of how data collected for the purposes
of subparagraph (A) will be collected; and
(C) public dissemination of the evaluations of pro-
grams and activities carried out under this part; and
(15) provides for timely public notice of intent to file an ap- plication and an assurance that the application will be avail- able for public review after submission.
(b) DEEMED APPROVAL.—An application submitted by a State
educational agency pursuant to subsection (a) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period begin- ning on the date on which the Secretary received the application, that the application is not in compliance with this part.
(c) DISAPPROVAL.—The Secretary shall not finally disapprove the application, except after giving the State educational agency notice and an opportunity for a hearing.
(d) NOTIFICATION.—If the Secretary finds that the application is not in compliance, in whole or in part, with this part, the Sec- retary shall—
(1) give the State educational agency notice and an oppor- tunity for a hearing; and
(2) notify the State educational agency of the finding of noncompliance and, in such notification—
(A) cite the specific provisions in the application that are not in compliance; and
(B) request additional information, only as to the non- compliant provisions, needed to make the application com- pliant.
(e) RESPONSE.—If the State educational agency responds to the Secretary’s notification described in subsection (d)(2) during the 45- day period beginning on the date on which the agency received the notification, and resubmits the application with the requested in- formation described in subsection (d)(2)(B), the Secretary shall ap- prove or disapprove such application prior to the later of—
(1) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or
(2) the expiration of the 120-day period described in sub- section (b).
(f) FAILURE TO RESPOND.—If the State educational agency does not respond to the Secretary’s notification described in subsection (d)(2) during the 45-day period beginning on the date on which the
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233 ESEA OF 1965 Sec. 4204
agency received the notification, such application shall be deemed to be disapproved.
(g) LIMITATION.—The Secretary may not give a priority or a preference for States or eligible entities that seek to use funds made available under this part to extend the regular school day.
SEC. 4204. ø20 U.S.C. 7174¿ LOCAL COMPETITIVE SUBGRANT PROGRAM. (a) IN GENERAL.—
(1) COMMUNITY LEARNING CENTERS.—A State that receives funds under this part for a fiscal year shall provide the amount made available under section 4202(c)(1) to award subgrants to eligible entities for community learning centers in accordance with this part.
(2) EXPANDED LEARNING PROGRAM ACTIVITIES.—A State that receives funds under this part for a fiscal year may use funds under section 4202(c)(1) to support those enrichment and engaging academic activities described in section 4205(a) that—
(A) are included as part of an expanded learning pro- gram that provides students at least 300 additional pro- gram hours before, during, or after the traditional school day;
(B) supplement but do not supplant regular school day requirements; and
(C) are carried out by entities that meet the require- ments of subsection (i).
(b) APPLICATION.—
(1) IN GENERAL.—To be eligible to receive a subgrant
under this part, an eligible entity shall submit an application to the State educational agency at such time, in such manner, and including such information as the State educational agen- cy may reasonably require.
(2) CONTENTS.—Each application submitted under para- graph (1) shall include—
(A) a description of the activities to be funded, includ- ing—
(i) an assurance that the program will take place in a safe and easily accessible facility;
(ii) a description of how students participating in the program carried out by the community learning center will travel safely to and from the center and home, if applicable; and
(iii) a description of how the eligible entity will disseminate information about the community learn- ing center (including its location) to the community in a manner that is understandable and accessible;
(B) a description of how such activities are expected to
improve student academic achievement as well as overall student success;
(C) a demonstration of how the proposed program will coordinate Federal, State, and local programs and make the most effective use of public resources;
(D) an assurance that the proposed program was de- veloped and will be carried out—
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ESEA OF 1965 234
(i) in active collaboration with the schools that participating students attend (including through the sharing of relevant data among the schools), all par- ticipants of the eligible entity, and any partnership en- tities described in subparagraph (H), in compliance with applicable laws relating to privacy and confiden- tiality; and
(ii) in alignment with the challenging State aca- demic standards and any local academic standards;
(E) a description of how the activities will meet the
measures of effectiveness described in section 4205(b);
(F) an assurance that the program will target students who primarily attend schools eligible for schoolwide pro- grams under section 1114 and the families of such stu-
dents;
(G) an assurance that subgrant funds under this part
will be used to increase the level of State, local, and other non-Federal funds that would, in the absence of funds under this part, be made available for programs and ac- tivities authorized under this part, and in no case supplant Federal, State, local, or non-Federal funds;
(H) a description of the partnership between a local educational agency, a community-based organization, and another public entity or private entity, if appropriate;
(I) an evaluation of the community needs and avail- able resources for the community learning center, and a description of how the program proposed to be carried out in the center will address those needs (including the needs of working families);
(J) a demonstration that the eligible entity will use best practices, including research or evidence-based prac- tices, to provide educational and related activities that will complement and enhance academic performance, achieve- ment, postsecondary and workforce preparation, and posi- tive youth development of the students;
(K) a description of a preliminary plan for how the community learning center will continue after funding under this part ends;
(L) an assurance that the community will be given no- tice of an intent to submit an application and that the ap- plication and any waiver request will be available for pub- lic review after submission of the application;
(M) if the eligible entity plans to use volunteers in ac- tivities carried out through the community learning center, a description of how the eligible entity will encourage and use appropriately qualified persons to serve as the volun- teers; and
(N) such other information and assurances as the State educational agency may reasonably require.
(c) APPROVAL OF CERTAIN APPLICATIONS.—The State edu- cational agency may approve an application under this part for a program to be located in a facility other than an elementary school or secondary school only if the program will be at least as available
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235 ESEA OF 1965 Sec. 4204
and accessible to the students to be served as if the program were located in an elementary school or secondary school.
(d) PERMISSIVE LOCAL MATCH.—
(1) IN GENERAL.—A State educational agency may require
an eligible entity to match subgrant funds awarded under this part, except that such match may not exceed the amount of the subgrant and may not be derived from other Federal or State funds.
(2) SLIDING SCALE.—The amount of a match under para- graph (1) shall be established based on a sliding scale that takes into account—
(A) the relative poverty of the population to be tar- geted by the eligible entity; and
(B) the ability of the eligible entity to obtain such matching funds.
(3) IN-KIND CONTRIBUTIONS.—Each State educational agen- cy that requires an eligible entity to match funds under this subsection shall permit the eligible entity to provide all or any portion of such match in the form of in-kind contributions.
(4) CONSIDERATION.—Notwithstanding this subsection, a State educational agency shall not consider an eligible entity’s ability to match funds when determining which eligible entities will receive subgrants under this part.
(e) PEER REVIEW.—In reviewing local applications under this
part, a State educational agency shall use a rigorous peer-review process or other methods to ensure the quality of funded projects. (f) GEOGRAPHIC DIVERSITY.—To the extent practicable, a State educational agency shall distribute subgrant funds under this part equitably among geographic areas within the State, including
urban and rural communities.
(g) DURATION OF AWARDS.—A subgrant awarded under this
part shall be awarded for a period of not less than 3 years and not more than 5 years.
(h) AMOUNT OF AWARDS.—A subgrant awarded under this part may not be made in an amount that is less than $50,000.
(i) PRIORITY.—
(1) IN GENERAL.—In awarding subgrants under this part,
a State educational agency shall give priority to applications— (A) proposing to target services to—
(i) students who primarily attend schools that— (I) are implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) or other schools determined by the local edu- cational agency to be in need of intervention and support to improve student academic achievement
and other outcomes; and
(II) enroll students who may be at risk for
academic failure, dropping out of school, involve- ment in criminal or delinquent activities, or who lack strong positive role models; and
(ii) the families of students described in clause (i);
(B) submitted jointly by eligible entities consisting of not less than 1—
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Sec. 4205
ESEA OF 1965 236
(i) local educational agency receiving funds under part A of title I; and
(ii) another eligible entity; and
(C) demonstrating that the activities proposed in the
application—
(i) are, as of the date of the submission of the ap-
plication, not accessible to students who would be served; or
(ii) would expand accessibility to high-quality services that may be available in the community.
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(2) SPECIAL RULE.—The State educational agency shall provide the same priority under paragraph (1) to an applica- tion submitted by a local educational agency if the local edu- cational agency demonstrates that it is unable to partner with a community-based organization in reasonable geographic proximity and of sufficient quality to meet the requirements of this part.
(3) LIMITATION.—A State educational agency may not give a priority or a preference to eligible entities that seek to use funds made available under this part to extend the regular school day.
(j) RENEWABILITY OF AWARDS.—A State educational agency
may renew a subgrant provided under this part to an eligible enti- ty, based on the eligible entity’s performance during the preceding subgrant period.
SEC. 4205. ø20 U.S.C. 7175¿ LOCAL ACTIVITIES.
(a) AUTHORIZED ACTIVITIES.—Each eligible entity that receives
an award under section 4204 may use the award funds to carry out a broad array of activities that advance student academic achieve- ment and support student success, including—
(1) academic enrichment learning programs, mentoring programs, remedial education activities, and tutoring services, that are aligned with—
(A) the challenging State academic standards and any local academic standards; and
(B) local curricula that are designed to improve stu- dent academic achievement;
(2) well-rounded education activities, including such activi-
ties that enable students to be eligible for credit recovery or at- tainment;
(3) literacy education programs, including financial literacy programs and environmental literacy programs;
(4) programs that support a healthy and active lifestyle, including nutritional education and regular, structured phys- ical activity programs;
(5) services for individuals with disabilities;
(6) programs that provide after-school activities for stu- dents who are English learners that emphasize language skills and academic achievement;
(7) cultural programs;
(8) telecommunications and technology education pro- grams;
(9) expanded library service hours;
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237 ESEA OF 1965 Sec. 4205
(10) parenting skills programs that promote parental in- volvement and family literacy;
(11) programs that provide assistance to students who have been truant, suspended, or expelled to allow the students to improve their academic achievement;
(12) drug and violence prevention programs and counseling programs;
(13) programs that build skills in science, technology, engi- neering, and mathematics (referred to in this paragraph as ‘‘STEM’’), including computer science, and that foster innova- tion in learning by supporting nontraditional STEM education teaching methods; and
(14) programs that partner with in-demand fields of the local workforce or build career competencies and career readi- ness and ensure that local workforce and career readiness skills are aligned with the Carl D. Perkins Career and Tech- nical Education Act of 2006 (20 U.S.C. 2301 et seq.) and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).
(b) MEASURES OF EFFECTIVENESS.—
(1) IN GENERAL.—For a program or activity developed pur- suant to this part to meet the measures of effectiveness, mon- itored by the State educational agency as described in section 4203(a)(14), such program or activity shall—
(A) be based upon an assessment of objective data re- garding the need for before and after school (or summer recess) programs and activities in the schools and commu- nities;
(B) be based upon an established set of performance measures aimed at ensuring the availability of high-qual- ity academic enrichment opportunities;
(C) if appropriate, be based upon evidence-based re- search that the program or activity will help students meet the challenging State academic standards and any local academic standards;
(D) ensure that measures of student success align with the regular academic program of the school and the aca- demic needs of participating students and include perform- ance indicators and measures described in section 4203(a)(14)(A); and
(E) collect the data necessary for the measures of stu- dent success described in subparagraph (D).
(2) PERIODIC EVALUATION.—
(A) IN GENERAL.—The program or activity shall under- go a periodic evaluation in conjunction with the State edu- cational agency’s overall evaluation plan as described in section 4203(a)(14), to assess the program’s progress to- ward achieving the goal of providing high-quality opportu- nities for academic enrichment and overall student suc- cess.
(B) USE OF RESULTS.—The results of evaluations under subparagraph (A) shall be—
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ESEA OF 1965 238
(i) used to refine, improve, and strengthen the program or activity, and to refine the performance measures;
(ii) made available to the public upon request, with public notice of such availability provided; and
(iii) used by the State to determine whether a subgrant is eligible to be renewed under section 4204(j).
SEC. 4206. ø20 U.S.C. 7176¿ AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this part $1,000,000,000 for fiscal year 2017 and $1,100,000,000 for each of
fiscal years 2018 through 2020.
PART C—EXPANDING OPPORTUNITY THROUGH QUALITY CHARTER SCHOOLS
SEC. 4301. ø20 U.S.C. 7221¿ PURPOSE.
It is the purpose of this part to—
(1) improve the United States education system and edu- cation opportunities for all people in the United States by sup- porting innovation in public education in public school settings that prepare students to compete and contribute to the global economy and a stronger Nation;
(2) provide financial assistance for the planning, program design, and initial implementation of charter schools;
(3) increase the number of high-quality charter schools available to students across the United States;
(4) evaluate the impact of charter schools on student achievement, families, and communities, and share best prac- tices between charter schools and other public schools;
(5) encourage States to provide support to charter schools for facilities financing in an amount more nearly commensu- rate to the amount States typically provide for traditional pub- lic schools;
(6) expand opportunities for children with disabilities, English learners, and other traditionally underserved students to attend charter schools and meet the challenging State aca- demic standards;
(7) support efforts to strengthen the charter school author- izing process to improve performance management, including transparency, oversight and monitoring (including financial au- dits), and evaluation of such schools; and
(8) support quality, accountability, and transparency in the operational performance of all authorized public chartering agencies, including State educational agencies, local edu- cational agencies, and other authorizing entities.
SEC. 4302. ø20 U.S.C. 7221a¿ PROGRAM AUTHORIZED.
(a) IN GENERAL.—The Secretary may carry out a charter school
program that supports charter schools that serve early childhood, elementary school, or secondary school students by—
(1) supporting the startup of new charter schools, the rep- lication of high-quality charter schools, and the expansion of high-quality charter schools;
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239 ESEA OF 1965 Sec. 4303
(2) assisting charter schools in accessing credit to acquire and renovate facilities for school use; and
(3) carrying out national activities to support—
(A) the activities described in paragraph (1);
(B) the dissemination of best practices of charter
schools for all schools;
(C) the evaluation of the impact of the charter school
program under this part on schools participating in such program; and
(D) stronger charter school authorizing practices.
(b) FUNDING ALLOTMENT.—From the amount made available
under section 4311 for a fiscal year, the Secretary shall—
(1) reserve 12.5 percent to support charter school facilities
assistance under section 4304;
(2) reserve 22.5 percent to carry out national activities
under section 4305; and
(3) use the remaining amount after the reservations under
paragraphs (1) and (2) to carry out section 4303.
(c) PRIOR GRANTS AND SUBGRANTS.—The recipient of a grant or subgrant under part B of title V (as such part was in effect on the day before the date of enactment of the Every Student Succeeds Act) shall continue to receive funds in accordance with the terms and conditions of such grant or subgrant.
SEC. 4303. ø20 U.S.C. 7221b¿ GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.
(a) STATE ENTITY DEFINED.—For purposes of this section, the term ‘‘State entity’’ means—
(1) a State educational agency;
(2) a State charter school board;
(3) a Governor of a State; or
(4) a charter school support organization.
(b) PROGRAM AUTHORIZED.—From the amount available under section 4302(b)(3), the Secretary shall award, on a competitive basis, grants to State entities having applications approved under subsection (f) to enable such entities to—
(1) award subgrants to eligible applicants to enable eligible applicants to—
(A) open and prepare for the operation of new charter schools;
(B) open and prepare for the operation of replicated high-quality charter schools; or
(C) expand high-quality charter schools; and
(2) provide technical assistance to eligible applicants and authorized public chartering agencies in carrying out the ac- tivities described in paragraph (1), and work with authorized public chartering agencies in the State to improve authorizing quality, including developing capacity for, and conducting, fis-
cal oversight and auditing of charter schools. (c) STATE ENTITY USES OF FUNDS.—
(1) IN GENERAL.—A State entity receiving a grant under this section shall—
(A) use not less than 90 percent of the grant funds to award subgrants to eligible applicants, in accordance with the quality charter school program described in the State
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Sec. 4303
(2) CONTRACTS AND GRANTS.—A State entity may use a grant received under this section to carry out the activities de- scribed in subsection (b)(2) directly or through grants, con- tracts, or cooperative agreements.
(3) RULE OF CONSTRUCTION.—
(A) USE OF LOTTERY.—Nothing in this Act shall pro-
hibit the Secretary from awarding grants to State entities, or prohibit State entities from awarding subgrants to eligi- ble applicants, that use a weighted lottery to give slightly better chances for admission to all, or a subset of, educa- tionally disadvantaged students if—
(i) the use of weighted lotteries in favor of such students is not prohibited by State law, and such State law is consistent with laws described in section 4310(2)(G); and
(ii) such weighted lotteries are not used for the purpose of creating schools exclusively to serve a par- ticular subset of students.
(B) STUDENTS WITH SPECIAL NEEDS.—Nothing in this
paragraph shall be construed to prohibit schools from spe- cializing in providing specific services for students with a demonstrated need for such services, such as students who need specialized instruction in reading, spelling, or writ- ing.
(d) PROGRAM PERIODS; PEER REVIEW; DISTRIBUTION OF SUB- GRANTS; WAIVERS.—
(1) PROGRAM PERIODS.—
(A) GRANTS.—A grant awarded by the Secretary to a
State entity under this section shall be for a period of not more than 5 years.
(B) SUBGRANTS.—A subgrant awarded by a State enti- ty under this section shall be for a period of not more than 5 years, of which an eligible applicant may use not more than 18 months for planning and program design.
(2) PEER REVIEW The Secretary, and each State entity
awarding subgrants under this section, shall use a peer-review process to review applications for assistance under this section.
(3) GRANT AWARDS.—
(A) IN GENERAL.—The Secretary—
(i) shall for each fiscal year for which funds are appropriated under section 4311—
(I) award not less than 3 grants under this section; and
(II) fully obligate the first 2 years of funds ap- propriated for the purpose of awarding grants under this section in the first fiscal year for which such grants are awarded; and
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ESEA OF 1965 240
entity’s application pursuant to subsection (f), for the pur- poses described in subsection (b)(1);
(B) reserve not less than 7 percent of such funds to carry out the activities described in subsection (b)(2); and (C) reserve not more than 3 percent of such funds for administrative costs, which may include technical assist-
ance.
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241 ESEA OF 1965 Sec. 4303
(ii) prior to the start of the third year of the grant period and each succeeding year of each grant award- ed under this section to a State entity—
(I) shall review—
(aa) whether the State entity is using the
grant funds for the agreed upon uses of funds; and
(bb) whether the full amount of the grant will be needed for the remainder of the grant period; and
(II) may, as determined necessary based on
that review, terminate or reduce the amount of the grant and reallocate the remaining grant funds to other State entities—
(aa) by using such funds to award grants under this section to other State entities; or
(bb) in a fiscal year in which the amount of such remaining funds is insufficient to award grants under item (aa), in accordance with subparagraph (B).
(B) REMAINING FUNDING.—For a fiscal year for which there are remaining grant funds under this paragraph, but the amount of such funds is insufficient to award a grant to a State entity under this section, the Secretary shall use such remaining grants funds—
(i) to supplement funding for grants under section 4305(a)(2), but not to supplant—
(I) the funds reserved under section 4305(a)(2); and
(II) funds otherwise reserved under section 4302(b)(2) to carry out national activities under section 4305;
(ii) to award grants to State entities to carry out
the activities described in subsection (b)(1) for the next fiscal year; or
(iii) to award one year of a grant under subsection (b)(1) to a high-scoring State entity, in an amount at or above the minimum amount the State entity needs to be successful for such year.
(4) DIVERSITY OF PROJECTS.—Each State entity awarding subgrants under this section shall award subgrants in a man- ner that, to the extent practicable and applicable, ensures that such subgrants—
(A) are distributed throughout different areas, includ- ing urban, suburban, and rural areas; and
(B) will assist charter schools representing a variety of educational approaches.
(5) WAIVERS.—The Secretary may waive any statutory or
regulatory requirement over which the Secretary exercises ad- ministrative authority, except any such requirement relating to the elements of a charter school described in section 4310(2), if—
(A) the waiver is requested in an approved application under this section; and
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Sec. 4303 ESEA OF 1965 242
(B) the Secretary determines that granting such waiv- er will promote the purpose of this part.
(e) LIMITATIONS.—
(1) GRANTS.—No State entity may receive a grant under
this section for use in a State in which a State entity is cur- rently using a grant received under this section.
(2) SUBGRANTS.—An eligible applicant may not receive more than 1 subgrant under this section for each individual charter school for a 5-year period, unless the eligible applicant demonstrates to the State entity that such individual charter school has at least 3 years of improved educational results for students enrolled in such charter school with respect to the ele- ments described in subparagraphs (A) and (D) of section 4310(8).
(f) APPLICATIONS.—A State entity desiring to receive a grant
under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The application shall include the following:
(1) DESCRIPTION OF PROGRAM.—A description of the State entity’s objectives in running a quality charter school program under this section and how the objectives of the program will be carried out, including—
(A) a description of how the State entity will—
(i) support the opening of charter schools through the startup of new charter schools and, if applicable, the replication of high-quality charter schools, and the expansion of high-quality charter schools (including the proposed number of new charter schools to be opened, high-quality charter schools to be opened as a result of the replication of a high-quality charter school, or high-quality charter schools to be expanded
under the State entity’s program);
(ii) inform eligible charter schools, developers, and
authorized public chartering agencies of the avail- ability of funds under the program;
(iii) work with eligible applicants to ensure that the eligible applicants access all Federal funds that such applicants are eligible to receive, and help the charter schools supported by the applicants and the students attending those charter schools—
(I) participate in the Federal programs in which the schools and students are eligible to par- ticipate;
(II) receive the commensurate share of Fed- eral funds the schools and students are eligible to receive under such programs; and
(III) meet the needs of students served under such programs, including students with disabil- ities and English learners;
(iv) ensure that authorized public chartering agen-
cies, in collaboration with surrounding local edu- cational agencies where applicable, establish clear plans and procedures to assist students enrolled in a
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243 ESEA OF 1965 Sec. 4303
charter school that closes or loses its charter to attend other high-quality schools;
(v) in the case of a State entity that is not a State educational agency—
(I) work with the State educational agency and charter schools in the State to maximize char- ter school participation in Federal and State pro- grams for which charter schools are eligible; and
(II) work with the State educational agency to operate the State entity’s program under this sec- tion, if applicable;
(vi) ensure that each eligible applicant that re-
ceives a subgrant under the State entity’s program— (I) is using funds provided under this section for one of the activities described in subsection
(b)(1); and
(II) is prepared to continue to operate charter
schools funded under this section in a manner consistent with the eligible applicant’s application for such subgrant once the subgrant funds under this section are no longer available;
(vii) support—
(I) charter schools in local educational agen-
cies with a significant number of schools identified by the State for comprehensive support and im- provement under section 1111(c)(4)(D)(i); and
(II) the use of charter schools to improve struggling schools, or to turn around struggling schools;
(viii) work with charter schools on—
(I) recruitment and enrollment practices to promote inclusion of all students, including by eliminating any barriers to enrollment for educa- tionally disadvantaged students (who include fos- ter youth and unaccompanied homeless youth); and
(II) supporting all students once they are en- rolled to promote retention, including by reducing the overuse of discipline practices that remove students from the classroom;
(ix) share best and promising practices between
charter schools and other public schools;
(x) ensure that charter schools receiving funds
under the State entity’s program meet the educational needs of their students, including children with dis- abilities and English learners;
(xi) support efforts to increase charter school qual- ity initiatives, including meeting the quality author- izing elements described in paragraph (2)(D);
(xii)(I) in the case of a State entity not described in subclause (II), a description of how the State entity will provide oversight of authorizing activity, including how the State will help ensure better authorizing, such as by establishing authorizing standards that
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ESEA OF 1965 244
may include approving, monitoring, and re-approving or revoking the authority of an authorized public char- tering agency based on the performance of the charter schools authorized by such agency in the areas of stu- dent achievement, student safety, financial and oper- ational management, and compliance with all applica- ble statutes and regulations; and
(II) in the case of a State entity described in sub- section (a)(4), a description of how the State entity will work with the State to support the State’s system of technical assistance and oversight, as described in subclause (I), of the authorizing activity of authorized public chartering agencies; and
(xiii) work with eligible applicants receiving a
subgrant under the State entity’s program to support the opening of new charter schools or charter school models described in clause (i) that are high schools;
(B) a description of the extent to which the State enti- ty—
(i) is able to meet and carry out the priorities de- scribed in subsection (g)(2);
(ii) is working to develop or strengthen a cohesive statewide system to support the opening of new char- ter schools and, if applicable, the replication of high- quality charter schools, and the expansion of high- quality charter schools; and
(iii) is working to develop or strengthen a cohesive strategy to encourage collaboration between charter schools and local educational agencies on the sharing of best practices;
(C) a description of how the State entity will award subgrants, on a competitive basis, including—
(i) a description of the application each eligible ap- plicant desiring to receive a subgrant will be required to submit, which application shall include—
(I) a description of the roles and responsibil- ities of eligible applicants, partner organizations, and charter management organizations, including the administrative and contractual roles and re- sponsibilities of such partners;
(II) a description of the quality controls agreed to between the eligible applicant and the authorized public chartering agency involved, such as a contract or performance agreement, how a school’s performance in the State’s accountability system and impact on student achievement (which may include student academic growth) will be one of the most important factors for renewal or rev- ocation of the school’s charter, and how the State entity and the authorized public chartering agency involved will reserve the right to revoke or not renew a school’s charter based on financial, struc- tural, or operational factors involving the manage- ment of the school;
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245 ESEA OF 1965 Sec. 4303
(III) a description of how the autonomy and flexibility granted to a charter school is consistent with the definition of a charter school in section 4310;
(IV) a description of how the eligible applicant will solicit and consider input from parents and other members of the community on the imple- mentation and operation of each charter school that will receive funds under the State entity’s program;
(V) a description of the eligible applicant’s planned activities and expenditures of subgrant funds to support the activities described in sub- section (b)(1), and how the eligible applicant will maintain financial sustainability after the end of the subgrant period; and
(VI) a description of how the eligible applicant will support the use of effective parent, family, and community engagement strategies to operate each charter school that will receive funds under the State entity’s program; and
(ii) a description of how the State entity will re-
view applications from eligible applicants;
(D) in the case of a State entity that partners with an outside organization to carry out the State entity’s quality charter school program, in whole or in part, a description of the roles and responsibilities of the partner;
(E) a description of how the State entity will ensure that each charter school receiving funds under the State entity’s program has considered and planned for the trans- portation needs of the school’s students;
(F) a description of how the State in which the State entity is located addresses charter schools in the State’s open meetings and open records laws; and
(G) a description of how the State entity will support diverse charter school models, including models that serve rural communities.
(2) ASSURANCES.—Assurances that—
(A) each charter school receiving funds through the State entity’s program will have a high degree of auton- omy over budget and operations, including autonomy over personnel decisions;
(B) the State entity will support charter schools in meeting the educational needs of their students, as de- scribed in paragraph (1)(A)(x);
(C) the State entity will ensure that the authorized public chartering agency of any charter school that re- ceives funds under the State entity’s program adequately monitors each charter school under the authority of such agency in recruiting, enrolling, retaining, and meeting the needs of all students, including children with disabilities and English learners;
(D) the State entity will provide adequate technical as- sistance to eligible applicants to meet the objectives de-
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ESEA OF 1965 246
scribed in clause (viii) of paragraph (1)(A) and subpara- graph (B) of this paragraph;
(E) the State entity will promote quality authorizing, consistent with State law, such as through providing tech- nical assistance to support each authorized public char- tering agency in the State to improve such agency’s ability to monitor the charter schools authorized by the agency, including by—
(i) assessing annual performance data of the schools, including, as appropriate, graduation rates, student academic growth, and rates of student attri- tion;
(ii) reviewing the schools’ independent, annual au- dits of financial statements prepared in accordance with generally accepted accounting principles, and en- suring that any such audits are publically reported; and
(iii) holding charter schools accountable to the academic, financial, and operational quality controls agreed to between the charter school and the author- ized public chartering agency involved, such as through renewal, non-renewal, or revocation of the school’s charter;
(F) the State entity will work to ensure that charter schools are included with the traditional public schools in decisionmaking about the public school system in the State; and
(G) the State entity will ensure that each charter school receiving funds under the State entity’s program makes publicly available, consistent with the dissemina- tion requirements of the annual State report card under section 1111(h), including on the website of the school, in- formation to help parents make informed decisions about the education options available to their children, includ- ing—
(i) information on the educational program;
(ii) student support services;
(iii) parent contract requirements (as applicable),
including any financial obligations or fees;
(iv) enrollment criteria (as applicable); and
(v) annual performance and enrollment data for
each of the subgroups of students, as defined in sec- tion 1111(c)(2), except that such disaggregation of per- formance and enrollment data shall not be required in a case in which the number of students in a group is insufficient to yield statically reliable information or the results would reveal personally identifiable infor- mation about an individual student.
(3) REQUESTS FOR Information about waivers, including— (A) a request and justification for waivers of any Fed- eral statutory or regulatory provisions that the State enti- ty believes are necessary for the successful operation of the charter schools that will receive funds under the State en- tity’s program under this section or, in the case of a State
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247 ESEA OF 1965 Sec. 4303
entity defined in subsection (a)(4), a description of how the State entity will work with the State to request such nec- essary waivers, where applicable; and
(B) a description of any State or local rules, generally applicable to public schools, that will be waived, or other- wise not apply to such schools.
(g) SELECTION CRITERIA; PRIORITY.—
(1) SELECTION CRITERIA.—The Secretary shall award
grants to State entities under this section on the basis of the quality of the applications submitted under subsection (f), after taking into consideration—
(A) the degree of flexibility afforded by the State’s charter school law and how the State entity will work to maximize the flexibility provided to charter schools under such law;
(B) the ambitiousness of the State entity’s objectives for the quality charter school program carried out under this section;
(C) the likelihood that the eligible applicants receiving subgrants under the program will meet those objectives and improve educational results for students;
(D) the State entity’s plan to—
(i) adequately monitor the eligible applicants re-
ceiving subgrants under the State entity’s program;
(ii) work with the authorized public chartering agencies involved to avoid duplication of work for the charter schools and authorized public chartering agen-
cies; and
(iii) provide technical assistance and support for—
(I) the eligible applicants receiving subgrants under the State entity’s program; and
(II) quality authorizing efforts in the State; and
(E) the State entity’s plan to solicit and consider input from parents and other members of the community on the implementation and operation of charter schools in the State.
(2) PRIORITY.—In awarding grants under this section, the
Secretary shall give priority to a State entity to the extent that the entity meets the following criteria:
(A) The State entity is located in a State that—
(i) allows at least one entity that is not a local educational agency to be an authorized public char- tering agency for developers seeking to open a charter
school in the State; or
(ii) in the case of a State in which local edu-
cational agencies are the only authorized public char- tering agencies, the State has an appeals process for the denial of an application for a charter school.
(B) The State entity is located in a State that ensures
equitable financing, as compared to traditional public schools, for charter schools and students in a prompt man- ner.
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(C) The State entity is located in a State that provides charter schools one or more of the following:
(i) Funding for facilities.
(ii) Assistance with facilities acquisition.
(iii) Access to public facilities.
(iv) The ability to share in bonds or mill levies.
(v) The right of first refusal to purchase public
school buildings.
(vi) Low- or no-cost leasing privileges.
(D) The State entity is located in a State that uses best practices from charter schools to help improve strug- gling schools and local educational agencies.
(E) The State entity supports charter schools that serve at-risk students through activities such as dropout prevention, dropout recovery, or comprehensive career counseling services.
(F) The State entity has taken steps to ensure that all authorizing public chartering agencies implement best practices for charter school authorizing.
(h) LOCAL USES OF FUNDS.—An eligible applicant receiving a subgrant under this section shall use such funds to support the ac- tivities described in subsection (b)(1), which shall include one or more of the following activities:
(1) Preparing teachers, school leaders, and specialized in- structional support personnel, including through paying the costs associated with—
(A) providing professional development; and
(B) hiring and compensating, during the eligible appli- cant’s planning period specified in the application for subgrant funds that is required under this section, one or more of the following:
(i) Teachers.
(ii) School leaders.
(iii) Specialized instructional support personnel.
(2) Acquiring supplies, training, equipment (including tech- nology), and educational materials (including developing and acquiring instructional materials).
(3) Carrying out necessary renovations to ensure that a new school building complies with applicable statutes and reg- ulations, and minor facilities repairs (excluding construction).
(4) Providing one-time, startup costs associated with pro- viding transportation to students to and from the charter school.
(5) Carrying out community engagement activities, which may include paying the cost of student and staff recruitment. (6) Providing for other appropriate, non-sustained costs re- lated to the activities described in subsection (b)(1) when such
costs cannot be met from other sources.
(i) REPORTING REQUIREMENTS.—Each State entity receiving a grant under this section shall submit to the Secretary, at the end of the third year of the 5-year grant period (or at the end of the second year of the grant period if the grant is less than 5 years), and at the end of such grant period, a report that includes the fol- lowing:
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249 ESEA OF 1965 Sec. 4304
(1) The number of students served by each subgrant awarded under this section and, if applicable, the number of new students served during each year of the period of the subgrant.
(2) A description of how the State entity met the objectives of the quality charter school program described in the State en- tity’s application under subsection (f), including—
(A) how the State entity met the objective of sharing best and promising practices described in subsection (f)(1)(A)(ix) in areas such as instruction, professional devel- opment, curricula development, and operations between charter schools and other public schools; and
(B) if known, the extent to which such practices were adopted and implemented by such other public schools.
(3) The number and amount of subgrants awarded under
this section to carry out activities described in each of subpara- graphs (A) through (C) of subsection (b)(1).
(4) A description of—
(A) how the State entity complied with, and ensured
that eligible applicants complied with, the assurances in- cluded in the State entity’s application; and
(B) how the State entity worked with authorized pub- lic chartering agencies, and how the agencies worked with the management company or leadership of the schools that received subgrant funds under this section, if applicable.
SEC. 4304. ø20 U.S.C. 7221c¿ FACILITIES FINANCING ASSISTANCE. (a) GRANTS TO ELIGIBLE ENTITIES.—
(1) IN GENERAL.—From the amount reserved under section 4302(b)(1), the Secretary shall use not less than 50 percent to award, on a competitive basis, not less than 3 grants to eligible entities that have the highest-quality applications approved under subsection (d), after considering the diversity of such ap- plications, to demonstrate innovative methods of helping char- ter schools to address the cost of acquiring, constructing, and renovating facilities by enhancing the availability of loans or bond financing.
(2) ELIGIBLE ENTITY DEFINED.—For the purposes of this section, the term ‘‘eligible entity’’ means—
(A) a public entity, such as a State or local govern- mental entity;
(B) a private nonprofit entity; or
(C) a consortium of entities described in subpara- graphs (A) and (B).
(b) GRANTEE SELECTION.—The Secretary shall evaluate each application submitted under subsection (d), and shall determine whether the application is sufficient to merit approval.
(c) GRANT CHARACTERISTICS.—Grants under subsection (a) shall be of sufficient size, scope, and quality so as to ensure an ef- fective demonstration of an innovative means of enhancing credit for the financing of charter school acquisition, construction, or ren- ovation.
(d) APPLICATIONS.—
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Sec. 4304 ESEA OF 1965 250
(1) IN GENERAL.—An eligible entity desiring to receive a grant under this section shall submit an application to the Sec- retary in such form as the Secretary may reasonably require.
(2) CONTENTS.—An application submitted under paragraph (1) shall contain—
(A) a statement identifying the activities that the eligi- ble entity proposes to carry out with funds received under subsection (a), including how the eligible entity will deter- mine which charter schools will receive assistance, and how much and what types of assistance charter schools will receive;
(B) a description of the involvement of charter schools in the application’s development and the design of the pro- posed activities;
(C) a description of the eligible entity’s expertise in capital market financing;
(D) a description of how the proposed activities will le- verage the maximum amount of private-sector financing capital relative to the amount of government funding used and otherwise enhance credit available to charter schools, including how the eligible entity will offer a combination of rates and terms more favorable than the rates and terms that a charter school could receive without assist- ance from the eligible entity under this section;
(E) a description of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success of a charter school program for which facilities financing is sought; and
(F) in the case of an application submitted by a State governmental entity, a description of the actions that the eligible entity has taken, or will take, to ensure that char- ter schools within the State receive the funding that char- ter schools need to have adequate facilities.
(e) CHARTER SCHOOL OBJECTIVES.—An eligible entity receiving a grant under subsection (a) shall use the funds deposited in the reserve account established under subsection (f) to assist one or more charter schools to access private-sector capital to accomplish one or more of the following objectives:
(1) The acquisition (by purchase, lease, donation, or other- wise) of an interest (including an interest held by a third party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue the operation of a charter school.
(2) The construction of new facilities, or the renovation, re- pair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school.
(3) The predevelopment costs required to assess sites for purposes of paragraph (1) or (2) and that are necessary to com- mence or continue the operation of a charter school.
(f) RESERVE ACCOUNT.—
(1) USE OF FUNDS.—To assist charter schools in accom- plishing the objectives described in subsection (e), an eligible entity receiving a grant under subsection (a) shall, in accord- ance with State and local law, directly or indirectly, alone or
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251 ESEA OF 1965 Sec. 4304
in collaboration with others, deposit the funds received under subsection (a) (other than funds used for administrative costs in accordance with subsection (g)) in a reserve account estab- lished and maintained by the eligible entity for this purpose. Amounts deposited in such account shall be used by the eligi- ble entity for one or more of the following purposes:
(A) Guaranteeing, insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests therein, the proceeds of which are used for an objective described in subsection (e).
(B) Guaranteeing and insuring leases of personal and real property for an objective described in subsection (e).
(C) Facilitating financing by identifying potential lend- ing sources, encouraging private lending, and other similar activities that directly promote lending to, or for the ben- efit of, charter schools.
(D) Facilitating the issuance of bonds by charter schools, or by other public entities for the benefit of char- ter schools, by providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue).
(2) INVESTMENT.—Funds received under subsection (a) and
deposited in the reserve account established under paragraph (1) shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securi- ties.
(3) REINVESTMENT OF EARNINGS.—Any earnings on funds received under subsection (a) shall be deposited in the reserve account established under paragraph (1) and used in accord- ance with this subsection.
(g) LIMITATION ON ADMINISTRATIVE COSTS.—An eligible entity may use not more than 2.5 percent of the funds received under subsection (a) for the administrative costs of carrying out its re- sponsibilities under this section (excluding subsection (k)).
(h) AUDITS AND REPORTS.—
(1) FINANCIAL RECORD MAINTENANCE AND AUDIT.—The fi-
nancial records of each eligible entity receiving a grant under subsection (a) shall be maintained in accordance with generally accepted accounting principles and shall be subject to an an- nual audit by an independent public accountant.
(2) REPORTS.—
(A) GRANTEE ANNUAL REPORTS.—Each eligible entity
receiving a grant under subsection (a) shall submit to the Secretary an annual report of the entity’s operations and activities under this section (excluding subsection (k)).
(B) CONTENTS.—Each annual report submitted under subparagraph (A) shall include—
(i) a copy of the most recent financial statements, and any accompanying opinion on such statements, prepared by the independent public accountant re- viewing the financial records of the eligible entity;
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(i) NO FULL FAITH AND CREDIT FOR GRANTEE OBLIGATION.—No financial obligation of an eligible entity entered into pursuant to this section (such as an obligation under a guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit of the United States is not pledged to the payment of funds that may be required to be paid under any obligation made by an eligible en- tity pursuant to any provision of this section.
(j) RECOVERY OF FUNDS.—
(1) IN GENERAL.—The Secretary, in accordance with chap-
ter 37 of title 31, United States Code, shall collect—
(A) all of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines, not earlier than 2 years after the date on which the eligible entity first received funds under sub- section (a), that the eligible entity has failed to make sub- stantial progress in carrying out the purposes described in
subsection (f)(1); or
(B) all or a portion of the funds in a reserve account
established by an eligible entity under subsection (f)(1) if the Secretary determines that the eligible entity has per- manently ceased to use all or a portion of the funds in such account to accomplish any purpose described in sub- section (f)(1).
(2) EXERCISE OF AUTHORITY.—The Secretary shall not exer- cise the authority provided in paragraph (1) to collect from any eligible entity any funds that are being properly used to achieve one or more of the purposes described in subsection (f)(1).
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Sec. 4304
ESEA OF 1965 252
(ii) a copy of any report made on an audit of the financial records of the eligible entity that was con- ducted under paragraph (1) during the reporting pe- riod;
(iii) an evaluation by the eligible entity of the ef- fectiveness of its use of the Federal funds provided under subsection (a) in leveraging private funds;
(iv) a listing and description of the charter schools served during the reporting period, including the amount of funds used by each school, the type of project facilitated by the grant, and the type of assist- ance provided to the charter schools;
(v) a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in subsection (e); and
(vi) a description of the characteristics of lenders and other financial institutions participating in the ac- tivities carried out by the eligible entity under this section (excluding subsection (k)) during the reporting period.
(C) SECRETARIAL REPORT.—The Secretary shall review reports submitted under subparagraph (A) and shall
the
provide a comprehensive annual report to Congress on the activities conducted under this section (excluding sub- section (k)).
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253 ESEA OF 1965 Sec. 4304
(3) PROCEDURES.—The provisions of sections 451, 452, and 458 of the General Education Provisions Act shall apply to the recovery of funds under paragraph (1).
(4) CONSTRUCTION.—This subsection shall not be construed to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act (20 U.S.C. 1234 et seq.).
(k) PER-PUPIL FACILITIES AID PROGRAM.—
(1) DEFINITION OF PER-PUPIL FACILITIES AID PROGRAM.—In this subsection, the term ‘‘per-pupil facilities aid program’’ means a program in which a State makes payments, on a per- pupil basis, to charter schools to provide the schools with fi- nancing—
(A) that is dedicated solely to funding charter school facilities; or
(B) a portion of which is dedicated for funding charter school facilities.
(2) GRANTS.—
(A) IN GENERAL.—From the amount reserved under
section 4302(b)(1) and remaining after the Secretary makes grants under subsection (a), the Secretary shall make grants, on a competitive basis, to States to pay for the Federal share of the cost of establishing or enhancing, and administering, per-pupil facilities aid programs.
(B) PERIOD.—The Secretary shall award grants under this subsection for periods of not more than 5 years.
(C) FEDERAL SHARE.—The Federal share of the cost de- scribed in subparagraph (A) for a per-pupil facilities aid program shall be not more than—
(i) 90 percent of the cost, for the first fiscal year for which the program receives assistance under this subsection;
(ii) 80 percent for the second such year;
(iii) 60 percent for the third such year;
(iv) 40 percent for the fourth such year; and (v) 20 percent for the fifth such year.
(D) STATE SHARE.—A State receiving a grant under this subsection may partner with 1 or more organizations, and such organizations may provide not more than 50 per- cent of the State share of the cost of establishing or en- hancing, and administering, the per-pupil facilities aid pro- gram.
(E) MULTIPLE GRANTS.—A State may receive more than 1 grant under this subsection, so long as the amount of total funds provided to charter schools increases with each successive grant.
(3) USE OF FUNDS.—
(A) IN GENERAL.—A State that receives a grant under this subsection shall use the funds made available through the grant to establish or enhance, and administer, a per- pupil facilities aid program for charter schools in the State of the applicant.
(B) EVALUATIONS; TECHNICAL ASSISTANCE; DISSEMINA- TION.—From the amount made available to a State
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Sec. 4305
ESEA OF 1965 254
through a grant under this subsection for a fiscal year, the State may reserve not more than 5 percent to carry out evaluations, to provide technical assistance, and to dis- seminate information.
(C) SUPPLEMENT, NOT SUPPLANT.—Funds made avail- able under this subsection shall be used to supplement, and not supplant, State and local public funds expended to provide per-pupil facilities aid programs, operations financ- ing programs, or other programs, for charter schools.
(4) REQUIREMENTS.—
(A) VOLUNTARY PARTICIPATION.—No State may be re- quired to participate in a program carried out under this subsection.
(B) STATE LAW.—
(i) IN GENERAL.—To be eligible to receive a grant
under this subsection, a State shall establish or en- hance, and administer, a per-pupil facilities aid pro- gram for charter schools in the State, that—
(I) is specified in State law; and
(II) provides annual financing, on a per-pupil basis, for charter school facilities.
(ii) SPECIAL RULE.—A State that is required under
State law to provide its charter schools with access to adequate facility space, but that does not have a per- pupil facilities aid program for charter schools speci- fied in State law, is eligible to receive a grant under this subsection if the State agrees to use the funds to develop a per-pupil facilities aid program consistent with the requirements of this subsection.
February 1, 2023
(5) APPLICATIONS.—To be eligible to receive a grant under this subsection, a State shall submit an application to the Sec- retary at such time, in such manner, and containing such in- formation as the Secretary may require.
SEC. 4305. ø20 U.S.C. 7221d¿ NATIONAL ACTIVITIES.
(a) IN GENERAL.—From the amount reserved under section
4302(b)(2), the Secretary shall—
(1) use not more than 80 percent of such funds to award
grants in accordance with subsection (b);
(2) use not more than 9 percent of such funds to award
grants, on a competitive basis, to eligible applicants for the purpose of carrying out the activities described in section 4303(h) in a State that did not receive a grant under section 4303; and
(3) after the uses described in paragraphs (1) and (2), use the remainder of such funds to—
(A) disseminate technical assistance to—
(i) State entities in awarding subgrants under sec-
tion 4303(b)(1); and
(ii) eligible entities and States receiving grants
under section 4304;
(B) disseminate best practices regarding charter schools; and
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255 ESEA OF 1965 Sec. 4305
(C) evaluate the impact of the charter school program carried out under this part, including the impact on stu- dent achievement.
(b) GRANTS FOR THE REPLICATION AND EXPANSION OF HIGH- QUALITY CHARTER SCHOOLS.—
(1) IN GENERAL.—The Secretary shall make grants, on a competitive basis, to eligible entities having applications ap- proved under paragraph (3) to enable such entities to open and prepare for the operation of one or more replicated high-quality charter schools or to expand one or more high-quality charter schools.
(2) DEFINITION OF ELIGIBLE ENTITY.—For purposes of this subsection, the term ‘‘eligible entity’’ means a charter manage- ment organization.
(3) APPLICATION REQUIREMENTS.—An eligible entity desir- ing to receive a grant under this subsection shall submit an ap- plication to the Secretary at such time and in such manner as the Secretary may require. The application shall include the following:
(A) EXISTING CHARTER SCHOOL DATA.—For each char- ter school currently operated or managed by the eligible entity—
(i) student assessment results for all students and for each subgroup of students described in section 1111(c)(2);
(ii) attendance and student retention rates for the most recently completed school year and, if applicable, the most recent available 4-year adjusted cohort grad- uation rates and extended-year adjusted cohort grad- uation rates; and
(iii) information on any significant compliance and management issues encountered within the last 3 school years by any school operated or managed by the eligible entity, including in the areas of student safety and finance.
(B) DESCRIPTIONS.—A description of—
(i) the eligible entity’s objectives for implementing
a high-quality charter school program with funding under this subsection, including a description of the proposed number of high-quality charter schools the eligible entity proposes to open as a result of the rep- lication of a high-quality charter school or to expand with funding under this subsection;
(ii) the educational program that the eligible enti- ty will implement in such charter schools, including— (I) information on how the program will en- able all students to meet the challenging State
academic standards;
(II) the grade levels or ages of students who
will be served; and
(III) the instructional practices that will be
used;
(iii) how the operation of such charter schools will be sustained after the grant under this subsection has
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(A) the degree to which the eligible entity has dem- onstrated success in increasing academic achievement for all students and for each of the subgroups of students de- scribed in section 1111(c)(2) attending the charter schools the eligible entity operates or manages;
(B) a determination that the eligible entity has not op- erated or managed a significant proportion of charter schools that—
(i) have been closed;
(ii) have had the school’s charter revoked due to problems with statutory or regulatory compliance; or
(iii) have had the school’s affiliation with the eligi- ble entity revoked or terminated, including through voluntary disaffiliation; and
(C) a determination that the eligible entity has not ex-
perienced significant problems with statutory or regulatory compliance that could lead to the revocation of a school’s charter.
(5) PRIORITY.—In awarding grants under this section, the
Secretary shall give priority to eligible entities that—
(A) plan to operate or manage high-quality charter schools with racially and socioeconomically diverse student
bodies;
(B) demonstrate success in working with schools iden-
tified by the State for comprehensive support and improve- ment under section 1111(c)(4)(D)(i);
(C) propose to use funds—
(i) to expand high-quality charter schools to serve
high school students; or
(ii) to replicate high-quality charter schools to
serve high school students; or
(D) propose to operate or manage high-quality charter schools that focus on dropout recovery and academic re- entry.
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Sec. 4305
ESEA OF 1965 256
ended, which shall include a multi-year financial and operating model for the eligible entity;
(iv) how the eligible entity will ensure that such charter schools will recruit and enroll students, includ- ing children with disabilities, English learners, and other educationally disadvantaged students; and
(v) any request and justification for any waivers of Federal statutory or regulatory requirements that the eligible entity believes are necessary for the successful operation of such charter schools.
(C) ASSURANCE An assurance that the eligible entity
has sufficient procedures in effect to ensure timely closure of low-performing or financially mismanaged charter schools and clear plans and procedures in effect for the students in such schools to attend other high-quality schools.
(4) SELECTION CRITERIA.—The Secretary shall select eligi-
ble
basis of the quality of the applications submitted under para- graph (3), after taking into consideration such factors as—
entities to receive grants under this subsection, on the
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257 ESEA OF 1965 Sec. 4307
(c) TERMS AND CONDITIONS.—Except as otherwise provided, grants awarded under paragraphs (1) and (2) of subsection (a) shall have the same terms and conditions as grants awarded to State en- tities under section 4303.
SEC. 4306. ø20 U.S.C. 7221e¿ FEDERAL FORMULA ALLOCATION DURING FIRST YEAR AND FOR SUCCESSIVE ENROLLMENT EXPAN- SIONS.
(a) IN GENERAL.—For purposes of the allocation to schools by the States or their agencies of funds under part A of title I, and any other Federal funds which the Secretary allocates to States on a formula basis, the Secretary and each State educational agency shall take such measures as are necessary to ensure that every charter school receives the Federal funding for which the charter school is eligible not later than 5 months after the charter school first opens, notwithstanding the fact that the identity and charac- teristics of the students enrolling in that charter school are not fully and completely determined until that charter school actually opens. The measures similarly shall ensure that every charter school expanding its enrollment in any subsequent year of oper- ation receives the Federal funding for which the charter school is eligible not later than 5 months after such expansion.
(b) ADJUSTMENT AND LATE OPENINGS.—
(1) IN GENERAL.—The measures described in subsection (a)
shall include provision for appropriate adjustments, through recovery of funds or reduction of payments for the succeeding year, in cases where payments made to a charter school on the basis of estimated or projected enrollment data exceed the amounts that the school is eligible to receive on the basis of ac- tual or final enrollment data.
(2) RULE.—For charter schools that first open after Novem- ber 1 of any academic year, the State, in accordance with guid- ance provided by the Secretary and applicable Federal statutes and regulations, shall ensure that such charter schools that are eligible for the funds described in subsection (a) for such academic year have a full and fair opportunity to receive those funds during the charter schools’ first year of operation.
(c) NEW OR SIGNIFICANTLY EXPANDING CHARTER SCHOOLS.—
For purposes of implementing the hold harmless protections in sec- tions 1122(c) and 1125A(g)(3) for a newly opened or significantly expanded charter school under this part, a State educational agen- cy shall calculate a hold-harmless base for the prior year that, as applicable, reflects the new or significantly expanded enrollment of the charter school.
SEC. 4307. ø20 U.S.C. 7221f¿ SOLICITATION OF INPUT FROM CHARTER SCHOOL OPERATORS.
To the extent practicable, the Secretary shall ensure that ad- ministrators, teachers, and other individuals directly involved in the operation of charter schools are consulted in the development of any rules or regulations required to implement this subpart, as well as in the development of any rules or regulations relevant to charter schools that are required to implement part A of title I, the Individuals with Disabilities Education Act, or any other program administered by the Secretary that provides education funds to charter schools or regulates the activities of charter schools.
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Sec. 4308 ESEA OF 1965 258
SEC. 4308. ø20 U.S.C. 7221g¿ RECORDS TRANSFER.
State educational agencies and local educational agencies, as
quickly as possible and to the extent practicable, shall ensure that a student’s records and, if applicable, a student’s individualized education program as defined in section 602 of the Individuals with Disabilities Education Act, are transferred to a charter school upon the transfer of the student to the charter school, and to another public school upon the transfer of the student from a charter school to another public school, in accordance with applicable State law.
SEC. 4309. ø20 U.S.C. 7221h¿ PAPERWORK REDUCTION.
To the extent practicable, the Secretary and each authorized
public chartering agency shall ensure that implementation of this subpart results in a minimum of paperwork for any eligible appli- cant or charter school.
SEC. 4310. ø20 U.S.C. 7221i¿ DEFINITIONS. In this part:
(1) AUTHORIZED PUBLIC CHARTERING AGENCY.—The term ‘‘authorized public chartering agency’’ means a State edu- cational agency, local educational agency, or other public entity that has the authority pursuant to State law and approved by the Secretary to authorize or approve a charter school.
(2) CHARTER SCHOOL.—The term ‘‘charter school’’ means a public school that—
(A) in accordance with a specific State statute author- izing the granting of charters to schools, is exempt from significant State or local rules that inhibit the flexible op- eration and management of public schools, but not from any rules relating to the other requirements of this para- graph;
(B) is created by a developer as a public school, or is adapted by a developer from an existing public school, and is operated under public supervision and direction;
(C) operates in pursuit of a specific set of educational objectives determined by the school’s developer and agreed to by the authorized public chartering agency;
(D) provides a program of elementary or secondary education, or both;
(E) is nonsectarian in its programs, admissions poli- cies, employment practices, and all other operations, and is not affiliated with a sectarian school or religious institu- tion;
(F) does not charge tuition;
(G) complies with the Age Discrimination Act of 1975, title VI of the Civil Rights Act of 1964, title IX of the Edu- cation Amendments of 1972, section 504 of the Rehabilita- tion Act of 1973, the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly re- ferred to as the ‘‘Family Educational Rights and Privacy Act of 1974’’), and part B of the Individuals with Disabil- ities Education Act;
(H) is a school to which parents choose to send their children, and that—
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259 ESEA OF 1965 Sec. 4310
(i) admits students on the basis of a lottery, con- sistent with section 4303(c)(3)(A), if more students apply for admission than can be accommodated; or
(ii) in the case of a school that has an affiliated charter school (such as a school that is part of the same network of schools), automatically enrolls stu- dents who are enrolled in the immediate prior grade level of the affiliated charter school and, for any addi- tional student openings or student openings created through regular attrition in student enrollment in the affiliated charter school and the enrolling school, ad- mits students on the basis of a lottery as described in clause (i);
(I) agrees to comply with the same Federal and State
audit requirements as do other elementary schools and secondary schools in the State, unless such State audit re- quirements are waived by the State;
(J) meets all applicable Federal, State, and local health and safety requirements;
(K) operates in accordance with State law;
(L) has a written performance contract with the au- thorized public chartering agency in the State that in- cludes a description of how student performance will be measured in charter schools pursuant to State assess- ments that are required of other schools and pursuant to any other assessments mutually agreeable to the author- ized public chartering agency and the charter school; and
(M)5 may serve students in early childhood edu- cation programs or postsecondary students.
(3) CHARTER MANAGEMENT ORGANIZATION.—The term ‘‘charter management organization’’ means a nonprofit organi- zation that operates or manages a network of charter schools linked by centralized support, operations, and oversight.
(4) CHARTER SCHOOL SUPPORT ORGANIZATION.—The term ‘‘charter school support organization’’ means a nonprofit, non- governmental entity that is not an authorized public chartering agency and provides, on a statewide basis—
(A) assistance to developers during the planning, pro- gram design, and initial implementation of a charter school; and
(B) technical assistance to operating charter schools. (5) DEVELOPER.—The term ‘‘developer’’ means an indi- vidual or group of individuals (including a public or private nonprofit organization), which may include teachers, adminis- trators and other school staff, parents, or other members of the local community in which a charter school project will be car-
ried out.
(6) ELIGIBLE APPLICANT.—The term ‘‘eligible applicant’’
means a developer that has—
(A) applied to an authorized public chartering author-
ity to operate a charter school; and 5 Margin so in law.
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Sec. 4311 ESEA OF 1965 260
(B) provided adequate and timely notice to that au- thority.
(7) EXPAND.—The term ‘‘expand’’, when used with respect to a high-quality charter school, means to significantly increase enrollment or add one or more grades to the high-quality char- ter school.
(8) HIGH-QUALITY CHARTER SCHOOL.—The term ‘‘high-qual- ity charter school’’ means a charter school that—
(A) shows evidence of strong academic results, which may include strong student academic growth, as deter- mined by a State;
(B) has no significant issues in the areas of student safety, financial and operational management, or statutory or regulatory compliance;
(C) has demonstrated success in significantly increas- ing student academic achievement, including graduation rates where applicable, for all students served by the char- ter school; and
(D) has demonstrated success in increasing student academic achievement, including graduation rates where applicable, for each of the subgroups of students, as de- fined in section 1111(c)(2), except that such demonstration is not required in a case in which the number of students in a group is insufficient to yield statistically reliable infor- mation or the results would reveal personally identifiable information about an individual student.
(9) REPLICATE.—The term ‘‘replicate’’, when used with re- spect to a high-quality charter school, means to open a new charter school, or a new campus of a high-quality charter school, based on the educational model of an existing high- quality charter school, under an existing charter or an addi- tional charter, if permitted or required by State law.
SEC. 4311. ø20 U.S.C. 7221j¿ AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this
part—
(1) $270,000,000 for fiscal year 2017;
(2) $270,000,000 for fiscal year 2018;
(3) $300,000,000 for fiscal year 2019; and (4) $300,000,000 for fiscal year 2020.
PART D—MAGNET SCHOOLS ASSISTANCE
SEC. 4401. ø20 U.S.C. 7231¿ FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress makes the following findings:
(1) Magnet schools are a significant part of the Nation’s ef- fort to achieve voluntary desegregation in our Nation’s schools. (2) The use of magnet schools has increased dramatically since the inception of the magnet schools assistance program under this Act, with approximately 2,500,000 students nation- wide attending such schools, of whom more than 69 percent
are non-white.
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261 ESEA OF 1965 Sec. 4401
(3) Magnet schools offer a wide range of distinctive pro- grams that have served as models for school improvement ef- forts.
(4) It is in the best interests of the United States—
(A) to continue the Federal Government’s support of local educational agencies that are implementing court-or- dered desegregation plans and local educational agencies that are voluntarily seeking to foster meaningful inter- action among students of different racial and ethnic back- grounds, beginning at the earliest stage of such students’
education;
(B) to ensure that all students have equitable access
to a high quality education that will prepare all students to function well in a technologically oriented and a highly competitive economy comprised of people from many dif- ferent racial and ethnic backgrounds; and
(C) to continue to desegregate and diversify schools by supporting magnet schools, recognizing that segregation exists between minority and nonminority students as well as among students of different minority groups.
(5) Desegregation efforts through magnet school programs are a significant part of our Nation’s effort to achieve voluntary desegregation in schools and help to ensure equal educational opportunities for all students.
(b) PURPOSE.—The purpose of this part is to assist in the de-
segregation of schools served by local educational agencies by pro- viding financial assistance to eligible local educational agencies for—
(1) the elimination, reduction, or prevention of minority group isolation in elementary schools and secondary schools with substantial proportions of minority students, which shall include assisting in the efforts of the United States to achieve voluntary desegregation in public schools;
(2) the development, implementation, and expansion of magnet school programs that will assist local educational agen- cies in achieving systemic reforms and providing all students the opportunity to meet challenging State academic standards;
(3) the development, design, and expansion of innovative educational methods and practices that promote diversity and increase choices in public elementary schools and public sec- ondary schools and public educational programs;
(4) courses of instruction within magnet schools that will substantially strengthen the knowledge of academic subjects and the attainment of tangible and marketable career, techno- logical, and professional skills of students attending such schools;
(5) improving the capacity of local educational agencies, in- cluding through professional development, to continue oper- ating magnet schools at a high performance level after Federal funding for the magnet schools is terminated; and
(6) ensuring that all students enrolled in the magnet school programs have equitable access to high quality edu- cation that will enable the students to succeed academically and continue with postsecondary education or employment.
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Sec. 4402 ESEA OF 1965 262
SEC. 4402. ø20 U.S.C. 7231a¿ DEFINITION.
For the purpose of this part, the term ‘‘magnet school’’ means
a public elementary school, public secondary school, public elemen- tary education center, or public secondary education center that of- fers a special curriculum capable of attracting substantial numbers of students of different racial backgrounds.
SEC. 4403. ø20 U.S.C. 7231b¿ PROGRAM AUTHORIZED.
The Secretary, in accordance with this part, is authorized to
award grants to eligible local educational agencies, and consortia of such agencies where appropriate, to carry out the purpose of this part for magnet schools that are—
(1) part of an approved desegregation plan; and
(2) designed to bring students from different social, eco- nomic, ethnic, and racial backgrounds together.
SEC. 4404. ø20 U.S.C. 7231c¿ ELIGIBILITY.
A local educational agency, or consortium of such agencies
where appropriate, is eligible to receive a grant under this part to carry out the purpose of this part if such agency or consortium— (1) is implementing a plan undertaken pursuant to a final order issued by a court of the United States, or a court of any State, or any other State agency or official of competent juris- diction, that requires the desegregation of minority-group-seg- regated children or faculty in the elementary schools and sec-
ondary schools of such agency; or
(2) without having been required to do so, has adopted and
is implementing, or will, if a grant is awarded to such local educational agency, or consortium of such agencies, under this part, adopt and implement a plan that has been approved by the Secretary as adequate under title VI of the Civil Rights Act of 1964 for the desegregation of minority-group-segregated chil- dren or faculty in such schools.
SEC. 4405. ø20 U.S.C. 7231d¿ APPLICATIONS AND REQUIREMENTS.
(a) APPLICATIONS.—An eligible local educational agency, or con- sortium of such agencies, desiring to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as
the Secretary may reasonably require.
(b) INFORMATION AND ASSURANCES.—Each application sub-
mitted under subsection (a) shall include— (1) a description of—
(A) how a grant awarded under this part will be used to promote desegregation, including any available evidence on, or if such evidence is not available, a rationale, based on current research, for how the proposed magnet school programs will increase interaction among students of dif- ferent social, economic, ethnic, and racial backgrounds;
(B) the manner and extent to which the magnet school program will increase student academic achievement in the instructional area or areas offered by the school, in- cluding any evidence, or if such evidence is not available, a rationale based on current research findings, to support such description;
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263 ESEA OF 1965 Sec. 4406
(C) how the applicant will continue the magnet school program after assistance under this part is no longer avail- able, and, if applicable, an explanation of why magnet schools established or supported by the applicant with grant funds under this part cannot be continued without the use of grant funds under this part;
(D) how the applicant will assess, monitor, and evalu- ate the impact of the activities funded under this part on student achievement and integration;
(E) how grant funds under this part will be used—
(i) to improve student academic achievement for all students attending the magnet school programs;
and
(ii) to implement services and activities that are
consistent with other programs under this Act, and other Acts, as appropriate; and
(F) the criteria to be used in selecting students to at-
tend the proposed magnet school program; and (2) assurances that the applicant will—
(A) use grant funds under this part for the purposes specified in section 4401(b);
(B) employ effective teachers in the courses of instruc- tion assisted under this part;
(C) not engage in discrimination based on race, reli- gion, color, national origin, sex, or disability in—
(i) the hiring, promotion, or assignment of employ- ees of the applicant or other personnel for whom the applicant has any administrative responsibility;
(ii) the assignment of students to schools, or to courses of instruction within the schools, of such appli- cant, except to carry out the approved plan; and
(iii) designing or operating extracurricular activi- ties for students;
(D) carry out a high-quality education program that will encourage greater parental decisionmaking and in- volvement; and
(E) give students residing in the local attendance area of the proposed magnet school program equitable consider- ation for placement in the program, consistent with deseg- regation guidelines and the capacity of the applicant to ac- commodate the students.
(c) SPECIAL RULE.—No grant shall be awarded under this part unless the Assistant Secretary of Education for Civil Rights deter- mines that the assurances described in subsection (b)(2)(C) will be met.
SEC. 4406. ø20 U.S.C. 7231e¿ PRIORITY.
In awarding grants under this part, the Secretary shall give
priority to applicants that—
(1) demonstrate the greatest need for assistance, based on
the expense or difficulty of effectively carrying out approved desegregation plans and the magnet school program for which the grant is sought;
(2) propose to—
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Sec. 4407
ESEA OF 1965 264
(A) carry out a new, evidence-based magnet school pro- gram;
(B) significantly revise an existing magnet school pro- gram, using evidence-based methods and practices, as available; or
(C) replicate an existing magnet school program that has a demonstrated record of success in increasing student academic achievement and reducing isolation of minority groups;
(3) propose to select students to attend magnet school pro-
February 1, 2023
grams by methods such as lottery, rather than through aca- demic examination; and
(4) propose to increase racial integration by taking into ac- count socioeconomic diversity in designing and implementing magnet school programs.
SEC. 4407. ø20 U.S.C. 7231f¿ USE OF FUNDS.
(a) IN GENERAL.—Grant funds made available under this part
may be used by an eligible local educational agency, or consortium of such agencies—
(1) for planning and promotional activities directly related to the development, expansion, continuation, or enhancement of academic programs and services offered at magnet schools;
(2) for the acquisition of books, materials, and equipment, including computers and the maintenance and operation of ma- terials, equipment, and computers, necessary to conduct pro- grams in magnet schools;
(3) for the compensation, or subsidization of the compensa- tion, of elementary school and secondary school teachers who are effective, and instructional staff where applicable, who are necessary to conduct programs in magnet schools;
(4) with respect to a magnet school program offered to less than the entire student population of a school, for instructional activities that—
(A) are designed to make available the special cur- riculum that is offered by the magnet school program to students who are enrolled in the school but who are not enrolled in the magnet school program; and
(B) further the purpose of this part;
(5) for activities, which may include professional develop-
ment, that will build the recipient’s capacity to operate magnet school programs once the grant period has ended;
(6) to enable the local educational agency, or consortium of such agencies, to have more flexibility in the administration of a magnet school program in order to serve students attending a school who are not enrolled in a magnet school program;
(7) to enable the local educational agency, or consortium of such agencies, to have flexibility in designing magnet schools for students in all grades;
(8) to enable the local educational agency, or consortium of such agencies, or other organizations partnered with such agency or consortium, to establish, expand, or strengthen inter- district and regional magnet programs; and
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265 ESEA OF 1965 Sec. 4409
(9) to provide transportation to and from the magnet school, provided that—
(A) such transportation is sustainable beyond the grant period; and
(B) the costs of providing transportation do not rep- resent a significant portion of the grant funds received by the eligible local educational agency under this part.
(b) SPECIAL RULE.—Grant funds under this part may be used for activities described in paragraphs (2) and (3) of subsection (a) only if the activities are directly related to improving student aca- demic achievement based on the challenging State academic stand- ards or directly related to improving student reading skills or knowledge of mathematics, science, history, geography, English, foreign languages, art, or music, or to improving career, technical, and professional skills.
SEC. 4408. ø20 U.S.C. 7231h¿ LIMITATIONS.
(a) DURATION OF AWARDS.—A grant under this part shall be
awarded for a period that shall not exceed 5 fiscal years.
(b) LIMITATION ON PLANNING FUNDS.—A local educational agency, or consortium of such agencies, may expend for planning (professional development shall not be considered to be planning for purposes of this subsection) not more than 50 percent of the grant funds received under this part for the first year of the pro- gram and not more than 15 percent of such funds for each of the
second and third such years.
(c) AMOUNT.—No grant awarded under this part to a local edu-
cational agency, or a consortium of such agencies, shall be for more than $15,000,000 for the grant period described in subsection (a). (d) TIMING.—To the extent practicable, the Secretary shall award grants for any fiscal year under this part not later than
June 1 of the applicable fiscal year.
SEC. 4409. ø20 U.S.C. 7231j¿ AUTHORIZATION OF APPROPRIATIONS; RESERVATION.
(a) AUTHORIZATION.—There are authorized to be appropriated to carry out this part the following amounts:
(1) $94,000,000 for fiscal year 2017. (2) $96,820,000 for fiscal year 2018. (3) $102,387,150 for fiscal year 2019. (4) $108,530,379 for fiscal year 2020.
(b) RESERVATION FOR TECHNICAL ASSISTANCE.—The Secretary may reserve not more than 1 percent of the funds appropriated under subsection (a) for any fiscal year to provide technical assist- ance and share best practices with respect to magnet school pro- grams assisted under this part.
(c) AVAILABILITY OF FUNDS FOR GRANTS TO AGENCIES NOT PRE- VIOUSLY ASSISTED.—In any fiscal year for which the amount appro- priated pursuant to subsection (a) exceeds $75,000,000, the Sec- retary shall give priority in using such amounts in excess of $75,000,000 to awarding grants to local educational agencies or consortia of such agencies that did not receive a grant under this part in the preceding fiscal year.
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Sec. 4501 ESEA OF 1965 266
PART E—FAMILY ENGAGEMENT IN EDUCATION PROGRAMS
SEC. 4501. ø20 U.S.C. 7241¿ PURPOSES.
The purposes of this part are the following:
(1) To provide financial support to organizations to provide technical assistance and training to State educational agencies and local educational agencies in the implementation and en- hancement of systemic and effective family engagement poli- cies, programs, and activities that lead to improvements in stu- dent development and academic achievement.
(2) To assist State educational agencies, local educational agencies, community-based organizations, schools, and edu- cators in strengthening partnerships among parents, teachers, school leaders, administrators, and other school personnel in meeting the educational needs of children and fostering greater parental engagement.
(3) To support State educational agencies, local educational agencies, schools, educators, and parents in developing and strengthening the relationship between parents and their chil- dren’s school in order to further the developmental progress of children.
(4) To coordinate activities funded under this part with parent involvement initiatives funded under section 1116 and other provisions of this Act.
(5) To assist the Secretary, State educational agencies, and local educational agencies in the coordination and integration of Federal, State, and local services and programs to engage families in education.
SEC. 4502. ø20 U.S.C. 7242¿ GRANTS AUTHORIZED.
(a) STATEWIDE FAMILY ENGAGEMENT CENTERS.—From the
amount appropriated under section 4506 and not reserved under subsection (d), the Secretary is authorized to award grants for each fiscal year to statewide organizations (or consortia of such organi- zations), to establish statewide family engagement centers that—
(1) carry out parent education, and family engagement in education, programs; or
(2) provide comprehensive training and technical assist- ance to State educational agencies, local educational agencies, schools identified by State educational agencies and local edu- cational agencies, organizations that support family-school partnerships, and other organizations that carry out such pro- grams.
(b) MINIMUM AWARD.—In awarding grants under this section,
the Secretary shall, to the extent practicable, ensure that a grant is awarded for a statewide family engagement center in an amount not less than $500,000.
(c) MATCHING FUNDS FOR GRANT RENEWAL.—Each organization or consortium receiving assistance under this part shall dem- onstrate that, for each fiscal year after the first fiscal year for which the organization or consortium is receiving such assistance, a portion of the services provided by the organization or consortium
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267 ESEA OF 1965 Sec. 4503
is supported through non-Federal contributions, which may be in cash or in-kind.
(d) TECHNICAL ASSISTANCE.—The Secretary shall reserve not more than 2 percent of the funds appropriated under section 4506 to carry out this part to provide technical assistance, by competi- tive grant or contract, for the establishment, development, and co- ordination of statewide family engagement centers.
SEC. 4503. ø20 U.S.C. 7243¿ APPLICATIONS.
(a) SUBMISSIONS.—Each statewide organization, or a consor-
tium of such organizations, that desires a grant under this part shall submit an application to the Secretary at such time and in such manner as the Secretary may require, which shall include the information described in subsection (b).
(b) CONTENTS.—Each application submitted under subsection (a) shall include, at a minimum, the following:
(1) A description of the applicant’s approach to family en- gagement in education.
(2) A description of how the State educational agency and any partner organization will support the statewide family en- gagement center that will be operated by the applicant includ- ing a description of the State educational agency and any part- ner organization’s commitment of such support.
(3) A description of the applicant’s plan for building a statewide infrastructure for family engagement in education, that includes—
(A) management and governance;
(B) statewide leadership; or
(C) systemic services for family engagement in edu-
cation.
(4) A description of the applicant’s demonstrated experi- ence in providing training, information, and support to State educational agencies, local educational agencies, schools, edu- cators, parents, and organizations on family engagement in education policies and practices that are effective for parents (including low-income parents) and families, parents of English learners, minorities, students with disabilities, homeless chil- dren and youth, children and youth in foster care, and migrant students, including evaluation results, reporting, or other data exhibiting such demonstrated experience.
(5) A description of the steps the applicant will take to tar- get services to low-income students and parents.
(6) An assurance that the applicant will—
(A) establish a special advisory committee, the mem-
bership of which includes—
(i) parents, who shall constitute a majority of the
members of the special advisory committee;
(ii) representatives of education professionals with expertise in improving services for disadvantaged chil-
dren;
(iii) representatives of local elementary schools
and secondary schools, including students;
(iv) representatives of the business community;
and
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Sec. 4503
ESEA OF 1965 268
(v) representatives of State educational agencies and local educational agencies;
(B) use not less than 65 percent of the funds received
under this part in each fiscal year to serve local edu- cational agencies, schools, and community-based organiza- tions that serve high concentrations of disadvantaged stu- dents, including students who are English learners, mi- norities, students with disabilities, homeless children and youth, children and youth in foster care, and migrant stu- dents;
(C) operate a statewide family engagement center of sufficient size, scope, and quality to ensure that the center is adequate to serve the State educational agency, local educational agencies, and community-based organizations;
(D) ensure that the statewide family engagement cen- ter will retain staff with the requisite training and experi- ence to serve parents in the State;
(E) serve urban, suburban, and rural local educational agencies and schools;
(F) work with—
(i) other statewide family engagement centers as-
sisted under this part; and
(ii) parent training and information centers and
community parent resource centers assisted under sec- tions 671 and 672 of the Individuals with Disabilities Education Act (20 U.S.C. 1471; 1472);
(G) use not less than 30 percent of the funds received
under this part for each fiscal year to establish or expand technical assistance for evidence-based parent education programs;
(H) provide assistance to State educational agencies, local educational agencies, and community-based organiza- tions that support family members in supporting student academic achievement;
(I) work with State educational agencies, local edu- cational agencies, schools, educators, and parents to deter- mine parental needs and the best means for delivery of services to address such needs;
(J) conduct sufficient outreach to assist parents, in- cluding parents who the applicant may have a difficult time engaging with a school or local educational agency; and
(K) conduct outreach to low-income students and par- ents, including low-income students and parents who are not proficient in English.
(7) An assurance that the applicant will conduct training
programs in the community to improve adult literacy, includ- ing financial literacy.
(c) PRIORITY.—In awarding grants for activities described in
this part, the Secretary shall give priority to statewide family en- gagement centers that will use funds under section 4504 for evi- dence-based activities, which, for the purposes of this part is de- fined as activities meeting the requirements of section 8101(21)(A)(i).
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269 ESEA OF 1965 Sec. 4505
SEC. 4504. ø20 U.S.C. 7244¿ USES OF FUNDS.
(a) IN GENERAL.—Each statewide organization or consortium
receiving a grant under this part shall use the grant funds, based on the needs determined under section 4503(b)(6)(I), to provide training and technical assistance to State educational agencies, local educational agencies, and organizations that support family- school partnerships, and activities, services, and training for local educational agencies, school leaders, educators, and parents—
(1) to assist parents in participating effectively in their children’s education and to help their children meet chal- lenging State academic standards, such as by assisting par- ents—
(A) to engage in activities that will improve student academic achievement, including understanding how par- ents can support learning in the classroom with activities at home and in after school and extracurricular programs;
(B) to communicate effectively with their children, teachers, school leaders, counselors, administrators, and other school personnel;
(C) to become active participants in the development, implementation, and review of school-parent compacts, family engagement in education policies, and school plan- ning and improvement;
(D) to participate in the design and provision of assist- ance to students who are not making academic progress;
(E) to participate in State and local decisionmaking; (F) to train other parents; and
(G) in learning and using technology applied in their
children’s education;
(2) to develop and implement, in partnership with the State educational agency, statewide family engagement in edu- cation policy and systemic initiatives that will provide for a continuum of services to remove barriers for family engage- ment in education and support school reform efforts; and
(3) to develop and implement parental involvement policies under this Act.
(b) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to prohibit a statewide family engagement center from— (1) having its employees or agents meet with a parent at
a site that is not on school grounds; or
(2) working with another agency that serves children.
(c) PARENTAL RIGHTS.—Notwithstanding any other provision of this section—
(1) no person (including a parent who educates a child at home, a public school parent, or a private school parent) shall be required to participate in any program of parent education or developmental screening under this section; and
(2) no program or center assisted under this section shall take any action that infringes in any manner on the right of parents to direct the education of their children.
SEC. 4505. ø20 U.S.C. 7245¿ FAMILY ENGAGEMENT IN INDIAN SCHOOLS. The Secretary of the Interior, in consultation with the Sec- retary of Education, shall establish, or enter into contracts and co- operative agreements with, local tribes, tribal organizations, or In-
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Sec. 4506 ESEA OF 1965 270
dian nonprofit parent organizations to establish and operate family engagement centers.
SEC. 4506. ø20 U.S.C. 7246¿ AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this part
$10,000,000 for each of fiscal years 2017 through 2020.
PART F—NATIONAL ACTIVITIES
SEC. 4601. ø20 U.S.C. 7251¿ AUTHORIZATION OF APPROPRIATIONS; RES- ERVATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this part—
(1) $200,741,000 for each of fiscal years 2017 and 2018; and
(2) $220,741,000 for each of fiscal years 2019 and 2020.
(b) RESERVATIONS.—From the amounts appropriated under
subsection (a) for a fiscal year, the Secretary shall—
(1) reserve $5,000,000 to carry out activities authorized
under subpart 3; and
(2) from the amounts remaining after the reservation
under paragraph (1)—
(A) carry out activities authorized under subpart 1
using—
(i) 36 percent of such remainder for each of fiscal
years 2017 and 2018; and
(ii) 42 percent of such remainder for each of fiscal
years 2019 and 2020;
(B) carry out activities authorized under subpart 2 using—
(i) 36 percent of such remainder for each of fiscal years 2017 and 2018; and
(ii) 32 percent of such remainder for each of fiscal years 2019 and 2020; and
(C) to carry out activities authorized under subpart
4—
Subpart 1—Education Innovation and Research
SEC. 4611. ø20 U.S.C. 7261¿ GRANTS FOR EDUCATION INNOVATION AND RESEARCH.
(a) PROGRAM AUTHORIZED.—
(1) IN GENERA.—L From funds reserved under section
4601(b)(2)(A), the Secretary shall make grants to eligible enti- ties to enable the eligible entities to—
(A) create, develop, implement, replicate, or take to scale entrepreneurial, evidence-based, field-initiated inno- vations to improve student achievement and attainment for high-need students; and
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(i) 28 percent of such remainder for each of fiscal years 2017 and 2018; and
(ii) 26 percent of such remainder for each of fiscal years 2019 and 2020.
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271 ESEA OF 1965 Sec. 4611
(B) rigorously evaluate such innovations, in accord- ance with subsection (e).
(2) DESCRIPTION OF GRANTS.—The grants described in
paragraph (1) shall include—
(A) early-phase grants to fund the development, imple-
mentation, and feasibility testing of a program, which prior research suggests has promise, for the purpose of de- termining whether the program can successfully improve student achievement or attainment for high-need students;
(B) mid-phase grants to fund implementation and a rigorous evaluation of a program that has been success- fully implemented under an early-phase grant described in subparagraph (A) or other effort meeting similar criteria, for the purpose of measuring the program’s impact and cost effectiveness, if possible using existing administrative data; and
(C) expansion grants to fund implementation and a rigorous replication evaluation of a program that has been found to produce sizable, important impacts under a mid- phase grant described in subparagraph (B) or other effort meeting similar criteria, for the purposes of—
(i) determining whether such impacts can be suc- cessfully reproduced and sustained over time; and
(ii) identifying the conditions in which the pro- gram is most effective.
(b) ELIGIBLE ENTITY.—In this subpart, the term ‘‘eligible enti- ty’’ means any of the following:
(1) A local educational agency.
(2) A State educational agency.
(3) The Bureau of Indian Education.
(4) A consortium of State educational agencies or local edu-
cational agencies.
(5) A nonprofit organization.
(6) A State educational agency, a local educational agency,
a consortium described in paragraph (4), or the Bureau of In- dian Education, in partnership with—
(A) a nonprofit organization;
(B) a business;
(C) an educational service agency; or (D) an institution of higher education.
(c) RURAL AREAS.—
(1) IN GENERAL.—In awarding grants under subsection (a),
the Secretary shall ensure that not less than 25 percent of the funds made available for any fiscal year are awarded for pro- grams that meet both of the following requirements:
(A) The grantee is—
(i) a local educational agency with an urban-cen-
tric district locale code of 32, 33, 41, 42, or 43, as de- termined by the Secretary;
(ii) a consortium of such local educational agen- cies;
(iii) an educational service agency or a nonprofit organization in partnership with such a local edu- cational agency; or
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Sec. 4621
ESEA OF 1965 272
(iv) a grantee described in clause (i) or (ii) in part- nership with a State educational agency.
(B) A majority of the schools to be served by the pro-
gram are designated with a locale code of 32, 33, 41, 42, or 43, or a combination of such codes, as determined by the Secretary.
(2) EXCEPTION.—Notwithstanding paragraph (1), the Sec-
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retary shall reduce the amount of funds made available under such paragraph if the Secretary does not receive a sufficient number of applications of sufficient quality.
(d) MATCHING FUNDS.—In order to receive a grant under sub-
section (a), an eligible entity shall demonstrate that the eligible en- tity will provide matching funds, in cash or through in-kind con- tributions, from Federal, State, local, or private sources in an amount equal to 10 percent of the funds provided under such grant, except that the Secretary may waive the matching funds re- quirement, on a case-by-case basis, upon a showing of exceptional circumstances, such as—
(1) the difficulty of raising matching funds for a program to serve a rural area;
(2) the difficulty of raising matching funds in areas with a concentration of local educational agencies or schools with a high percentage of students aged 5 through 17—
(A) who are in poverty, as counted in the most recent census data approved by the Secretary;
(B) who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
(C) whose families receive assistance under the State program funded under part A of title IV of the Social Secu- rity Act (42 U.S.C. 601 et seq.); or
(D) who are eligible to receive medical assistance under the Medicaid program; and
(3) the difficulty of raising funds on tribal land.
(e) EVALUATION.—Each recipient of a grant under this section shall conduct an independent evaluation of the effectiveness of the program carried out under such grant.
(f) TECHNICAL ASSISTANCE.—The Secretary may reserve not more than 5 percent of the funds appropriated under section 4601(b)(2)(A) for each fiscal year to—
(1) provide technical assistance for eligibility entities, which may include pre-application workshops, web-based semi- nars, and evaluation support; and
(2) to disseminate best practices.
Subpart 2—Community Support for School Success
SEC. 4621. ø20 U.S.C. 7271¿ PURPOSES.
The purposes of this subpart are to—
(1) significantly improve the academic and developmental outcomes of children living in the most distressed communities of the United States, including ensuring school readiness, high
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273 ESEA OF 1965 Sec. 4622
school graduation, and access to a community-based continuum of high-quality services; and
(2) provide support for the planning, implementation, and operation of full-service community schools that improve the coordination and integration, accessibility, and effectiveness of services for children and families, particularly for children at- tending high-poverty schools, including high-poverty rural schools.
SEC. 4622. ø20 U.S.C. 7272¿ DEFINITIONS. In this subpart:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means the following:
(A) With respect to a grant for activities described in section 4623(a)(1)(A)—
(i) an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002);
(ii) an Indian tribe or tribal organization, as de- fined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); or
(iii) one or more nonprofit entities working in for- mal partnership with not less than 1 of the following entities:
(I) A high-need local educational agency.
(II) An institution of higher education, as de- fined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(III) The office of a chief elected official of a unit of local government.
(IV) An Indian tribe or tribal organization, as defined under section 4 of the Indian Self-Deter- mination and Education Assistance Act (25 U.S.C. 450b).
(B) With respect to a grant for activities described in section 4623(a)(1)(B), a consortium of—
(i)(I) 1 or more local educational agencies; or
(II) the Bureau of Indian Education; and
(ii) 1 or more community-based organizations,
nonprofit organizations, or other public or private enti-
ties.
(2) FULL-SERVICE COMMUNITY SCHOOL.—The term ‘‘full-
service community school’’ means a public elementary school or secondary school that—
(A) participates in a community-based effort to coordi- nate and integrate educational, developmental, family, health, and other comprehensive services through commu- nity-based organizations and public and private partner- ships; and
(B) provides access to such services in school to stu- dents, families, and the community, such as access during the school year (including before- and after-school hours and weekends), as well as during the summer.
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Sec. 4623 ESEA OF 1965 274
(3) PIPELINE SERVICES.—The term ‘‘pipeline services’’ means a continuum of coordinated supports, services, and op- portunities for children from birth through entry into and suc- cess in postsecondary education, and career attainment. Such services shall include, at a minimum, strategies to address through services or programs (including integrated student supports) the following:
(A) High-quality early childhood education programs.
(B) High-quality school and out-of-school-time pro- grams and strategies.
(C) Support for a child’s transition to elementary school, from elementary school to middle school, from mid- dle school to high school, and from high school into and through postsecondary education and into the workforce, including any comprehensive readiness assessment deter- mined necessary.
(D) Family and community engagement and supports, which may include engaging or supporting families at school or at home.
(E) Activities that support postsecondary and work- force readiness, which may include job training, internship opportunities, and career counseling.
(F) Community-based support for students who have attended the schools in the area served by the pipeline, or students who are members of the community, facilitating their continued connection to the community and success in postsecondary education and the workforce.
(G) Social, health, nutrition, and mental health serv- ices and supports.
(H) Juvenile crime prevention and rehabilitation pro- grams.
SEC. 4623. ø20 U.S.C. 7273¿ PROGRAM AUTHORIZED. (a) PROGRAM AUTHORIZED.—
(1) IN GENERAL.—The Secretary shall use not less than 95 percent of the amounts made available under section 4601(b)(2)(B) to award grants, on a competitive basis and sub- ject to subsection (e), to eligible entities for the following activi- ties:
(A) PROMISE NEIGHBORHOODS.—The implementation of a comprehensive, effective continuum of coordinated serv- ices that meets the purpose described in section 4621(1) by carrying out activities in neighborhoods with—
(i) high concentrations of low-income individuals;
(ii) multiple signs of distress, which may include high rates of poverty, childhood obesity, academic fail- ure, and juvenile delinquency, adjudication, or incar- ceration; and
(iii) schools implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d).
(B) FULL-SERVICE COMMUNITY SCHOOLS.—The provi-
sion of assistance to public elementary schools or sec-
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275 ESEA OF 1965 Sec. 4623
ondary schools to function as full-service community schools.
(2) SUFFICIENT SIZE AND SCOPE.—Each grant awarded
under this subpart shall be of sufficient size and scope to allow the eligible entity to carry out the applicable purposes of this subpart.
(b) DURATION.—A grant awarded under this subpart shall be
for a period of not more than 5 years, and may be extended for an additional period of not more than 2 years.
(c) CONTINUED FUNDING.—Continued funding of a grant under this subpart, including a grant extended under subsection (b), after the third year of the initial grant period shall be contingent on the eligible entity’s progress toward meeting—
(1) with respect to a grant for activities described in sec- tion 4624, the performance metrics described in section 4624(h); and
(2) with respect to a grant for activities described in sec- tion 4625, annual performance objectives and outcomes under section 4625(a)(4)(C).
(d) MATCHING REQUIREMENTS.—
(1) PROMISE NEIGHBORHOOD ACTIVITIES.—
(A) MATCHING FUNDS.—Each eligible entity receiving a
grant under this subpart for activities described in section 4624 shall contribute matching funds in an amount equal to not less than 100 percent of the amount of the grant. Such matching funds shall come from Federal, State, local, and private sources.
(B) PRIVATE SOURCES.—The Secretary shall require that a portion of the matching funds come from private sources, which may include in-kind contributions.
(C) ADJUSTMENT.—The Secretary may adjust the matching funds requirement under this paragraph for ap- plicants that demonstrate high need, including applicants from rural areas and applicants that wish to provide serv- ices on tribal lands.
(D) FINANCIAL HARDSHIP WAIVER.—The Secretary may waive or reduce, on a case-by-case basis, the matching re- quirement under this paragraph, including the require- ment for funds from private sources, for a period of 1 year at a time, if the eligible entity demonstrates significant fi- nancial hardship.
(2) FULL-SERVICE COMMUNITY SCHOOLS ACTIVITIES.—
(A) IN GENERAL.—Each eligible entity receiving a grant under this subpart for activities described in section 4625 shall provide matching funds from non-Federal sources, which may be provided in part with in-kind con- tributions.
(B) SPECIAL RULE.—The Bureau of Indian Education may meet the requirement of subparagraph (A) using funds from other Federal sources.
(3) SPECIAL RULES.—
(A) IN GENERAL.—The Secretary may not require any eligible entity receiving a grant under this subpart to pro-
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ESEA OF 1965 276
vide matching funds in an amount that exceeds the amount of the grant award.
(B) CONSIDERATION.—Notwithstanding this subsection, the Secretary shall not consider the ability of an eligible entity to match funds when determining which applicants will receive grants under this subpart.
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(e) RESERVATION FOR RURAL AREAS.—
(1) IN GENERAL.—From the amounts allocated under sub-
section (a) for grants to eligible entities, the Secretary shall use not less than 15 percent of such amounts to award grants to eligible entities that propose to carry out the activities de- scribed in such subsection in rural areas.
(2) EXCEPTION.—The Secretary shall reduce the amount described in paragraph (1) if the Secretary does not receive a sufficient number of applications of sufficient quality.
(f) MINIMUM NUMBER OF GRANTS.—For each fiscal year, the
Secretary shall award under this subpart not fewer than 3 grants for activities described in section 4624 and not fewer than 10 grants for activities described in section 4625, subject to the avail- ability of appropriations, the requirements of subsection (a)(2), and the number and quality of applications.
SEC. 4624. ø20 U.S.C. 7274¿ PROMISE NEIGHBORHOODS.
(a) APPLICATION REQUIREMENTS.—An eligible entity desiring a
grant under this subpart for activities described in this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require, including, at a min- imum, all of the following:
(1) A plan to significantly improve the academic outcomes of children living in a neighborhood that is served by the eligi- ble entity—
(A) by providing pipeline services that address the needs of children in the neighborhood, as identified by the needs analysis described in paragraph (4); and
(B) that is supported by effective practices.
(2) A description of the neighborhood that the eligible enti-
ty will serve.
(3) Measurable annual objectives and outcomes for the
grant, in accordance with the metrics described in subsection (h), for each year of the grant.
(4) An analysis of the needs and assets of the neighbor- hood identified in paragraph (1), including—
(A) the size and scope of the population affected;
(B) a description of the process through which the needs analysis was produced, including a description of how parents, families, and community members were en- gaged in such analysis;
(C) an analysis of community assets and collaborative efforts (including programs already provided from Federal and non-Federal sources) within, or accessible to, the neighborhood, including, at a minimum, early learning op- portunities, family and student supports, local businesses, local educational agencies, and institutions of higher edu- cation;
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(D) the steps that the eligible entity is taking, at the time of the application, to address the needs identified in the needs analysis; and
(E) any barriers the eligible entity, public agencies, and other community-based organizations have faced in meeting such needs.
(5) A description of—
(A) all information that the entity used to identify the pipeline services to be provided, which shall not include in- formation that is more than 3 years old; and
(B) how the eligible entity will—
(i) collect data on children served by each pipeline
service; and
(ii) increase the percentage of children served over
time.
(6) A description of the process used to develop the applica-
tion, including the involvement of family and community mem- bers.
(7) A description of how the pipeline services will facilitate the coordination of the following activities:
(A) Providing early learning opportunities for children, including by—
(i) providing opportunities for families to acquire the skills to promote early learning and child develop- ment; and
(ii) ensuring appropriate diagnostic assessments and referrals for children with disabilities and chil- dren aged 3 through 9 experiencing developmental delays, consistent with the Individuals with Disabil- ities Education Act (20 U.S.C. 1400 et seq.), where ap- plicable.
(B) Supporting, enhancing, operating, or expanding
rigorous, comprehensive, effective educational improve- ments, which may include high-quality academic pro- grams, expanded learning time, and programs and activi- ties to prepare students for postsecondary education ad- missions and success.
(C) Supporting partnerships between schools and other community resources with an integrated focus on academics and other social, health, and familial supports.
(D) Providing social, health, nutrition, and mental health services and supports, for children, family mem- bers, and community members, which may include services provided within the school building.
(E) Supporting evidence-based programs that assist students through school transitions, which may include ex- panding access to postsecondary education courses and postsecondary education enrollment aid or guidance, and other supports for at-risk youth.
(8) A description of the strategies that will be used to pro- vide pipeline services (including a description of which pro- grams and services will be provided to children, family mem- bers, community members, and children within the neighbor- hood) to support the purpose described in section 4621(1).
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(9) An explanation of the process the eligible entity will use to establish and maintain family and community engage- ment, including—
(A) involving representative participation by the mem- bers of such neighborhood in the planning and implemen- tation of the activities of each grant awarded under this subpart for activities described in this section;
(B) the provision of strategies and practices to assist family and community members in actively supporting stu- dent achievement and child development;
(C) providing services for students, families, and com- munities within the school building; and
(D) collaboration with institutions of higher education, workforce development centers, and employers to align ex- pectations and programming with postsecondary education and workforce readiness,
(10) An explanation of how the eligible entity will continu- ously evaluate and improve the continuum of high-quality pipeline services to provide for continuous program improve- ment and potential expansion.
(b) PRIORITY.—In awarding grants for activities described in
this section, the Secretary shall give priority to eligible entities that will use funds under subsection (d) for evidence-based activi- ties, which, for purposes of this subsection, is defined as activities meeting the requirements of section 8101(21)(A)(i).
(c) MEMORANDUM OF UNDERSTANDING.—As eligible entity shall, as part of the application described in subsection (a), submit a preliminary memorandum of understanding, signed by each part- ner entity or agency described in section 4622(1)(A)(3) (if applica- ble) and detailing each partner’s financial, programmatic, and long- term commitment with respect to the strategies described in the application.
(d) USES OF FUNDS.—Each eligible entity that receives a grant under this subpart to carry out a program of activities described in this section shall use the grant funds to—
(1) support planning activities to develop and implement pipeline services;
(2) implement the pipeline services; and
(3) continuously evaluate the success of the program and improve the program based on data and outcomes.
(e) SPECIAL RULES.—
(1) FUNDS FOR PIPELINE SERVICES.—Each eligible entity that receives a grant under this subpart for activities described in this section shall, for the first year of the grant, use not less than 50 percent of the grant funds, and, for the second year of the grant, use not less than 25 percent of the grant funds, to carry out the activities described in subsection (d)(1).
(2) OPERATIONAL FLEXIBILITY.—Each eligible entity that operates a school in a neighborhood served by a grant program under this subpart for activities described in this section shall provide such school with the operational flexibility, including autonomy over staff, time, and budget, needed to effectively carry out the activities described in the application under sub- section (a).
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(3) LIMITATION ON USE OF FUNDS FOR EARLY CHILDHOOD EDUCATION PROGRAMS.—Funds provided under this subpart for activities described in this section that are used to improve early childhood education programs shall not be used to carry out any of the following activities:
(A) Assessments that provide rewards or sanctions for individual children or teachers.
(B) A single assessment that is used as the primary or sole method for assessing program effectiveness.
(C) Evaluating children, other than for the purposes of improving instruction, classroom environment, professional development, or parent and family engagement, or pro- gram improvement.
(f) REPORT.—Each eligible entity that receives a grant under this subpart for activities described in this section shall prepare and submit an annual report to the Secretary, which shall in- clude—
(1) information about the number and percentage of chil- dren in the neighborhood who are served by the grant pro- gram, including a description of the number and percentage of children accessing each support or service offered as part of the pipeline services; and
(2) information relating to the performance metrics de- scribed in subsection (h).
(g) PUBLICLY AVAILABLE DATA.—Each eligible entity that re-
ceives a grant under this subpart for activities described in this section shall make publicly available, including through electronic means, the information described in subsection (f). To the extent practicable, such information shall be provided in a form and lan- guage accessible to parents and families in the neighborhood served under the grant, and such information shall be a part of statewide longitudinal data systems.
(h) PERFORMANCE INDICATORS.—
(1) IN GENERAL.—The Secretary shall establish perform-
ance indicators under paragraph (2) and corresponding metrics to be used for the purpose of reporting under paragraph (3) and program evaluation under subsection (i).
(2) INDICATORS.—The performance indicators established by the Secretary under paragraph (1) shall be indicators of im- proved academic and developmental outcomes for children, in- cluding indicators of school readiness, high school graduation, postsecondary education and career readiness, and other aca- demic and developmental outcomes, to promote—
(A) data-driven decision-making by eligible entities re- ceiving funds under this subpart; and
(B) access to a community-based continuum of high- quality services for children living in the most distressed communities of the United States, beginning at birth.
(3) REPORTING.—Each eligible entity that receives a grant
under this subpart for activities described in this section shall annually collect and report to the Secretary data on the per- formance indicators described in paragraph (2) for use by the Secretary in making a determination concerning continuation
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funding and grant extension under section 4623(b) for each eli- gible entity.
(i) EVALUATION.—The Secretary shall reserve not more than 5
percent of the funds made available under section 4601(b)(2)(A) to provide technical assistance and evaluate the implementation and impact of the activities funded under this section, in accordance with section 8601.
SEC. 4625. ø20 U.S.C. 7275¿ FULL-SERVICE COMMUNITY SCHOOLS.
(a) APPLICATION.—An eligible entity that desires a grant under this subpart for activities described in this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The Secretary shall require that each
such application include the following:
(1) A description of the eligible entity.
(2) A memorandum of understanding among all partner
entities in the eligible entity that will assist the eligible entity to coordinate and provide pipeline services and that describes the roles the partner entities will assume.
(3) A description of the capacity of the eligible entity to co- ordinate and provide pipeline services at 2 or more full-service community schools.
(4) A comprehensive plan that includes descriptions of the following:
(A) The student, family, and school community to be served, including demographic information.
(B) A needs assessment that identifies the academic, physical, nonacademic, health, mental health, and other needs of students, families, and community residents.
(C) Annual measurable performance objectives and outcomes, including an increase in the number and per- centage of families and students targeted for services each year of the program, in order to ensure that children are—
(i) prepared for kindergarten;
(ii) achieving academically; and
(iii) safe, healthy, and supported by engaged par-
ents.
(D) Pipeline services, including existing and additional pipeline services, to be coordinated and provided by the eli- gible entity and its partner entities, including an expla- nation of—
(i) why such services have been selected;
(ii) how such services will improve student aca- demic achievement; and
(iii) how such services will address the annual measurable performance objectives and outcomes es- tablished under subparagraph (C).
(E) Plans to ensure that each full-service community
school site has a full-time coordinator of pipeline services at such school, including a description of the applicable funding sources, plans for professional development for the personnel managing, coordinating, or delivering pipeline services, and plans for joint utilization and management of school facilities.
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(F) Plans for annual evaluation based upon attain- ment of the performance objectives and outcomes described in subparagraph (C).
(G) Plans for sustaining the programs and services de- scribed in this subsection after the grant period.
(5) An assurance that the eligible entity and its partner
entities will focus services on schools eligible for a schoolwide program under section 1114(b).
(b) PRIORITY.—In awarding grants under this subpart for ac-
tivities described in this section, the Secretary shall give priority to eligible entities that—
(1)(A) will serve a minimum of 2 or more full-service com- munity schools eligible for a schoolwide program under section 1114(b), as part of a community- or district-wide strategy; or
(B) include a local educational agency that satisfies the re- quirements of—
(i) subparagraph (A), (B), or (C) of section 5211(b)(1); or
(ii) subparagraphs (A) and (B) of section 5221(b)(1);
(2) are consortiums comprised of a broad representation of stakeholders or consortiums demonstrating a history of effec- tiveness; and
(3) will use funds for evidence-based activities described in subsection (e), defined for purposes of this paragraph as activi- ties meeting the requirements of section 8101(21)(A)(i).
(c) PLANNING.—The Secretary may authorize an eligible entity
receiving a grant under this subpart for activities described in this section to use not more than 10 percent of the total amount of grant funds for planning purposes during the first year of the grant.
(d) MINIMUM AMOUNT.—The Secretary may not award a grant under this subpart for activities described in this section to an eli- gible entity in an amount that is less than $75,000 for each year of the grant period, subject to the availability of appropriations.
(e) USE OF FUNDS.—Grants awarded under this subpart for ac- tivities described in this section shall be used to—
(1) coordinate not less than 3 existing pipeline services, as of the date of the grant award, and provide not less than 2 ad- ditional pipeline services, at 2 or more public elementary schools or secondary schools;
(2) to the extent practicable, integrate multiple pipeline services into a comprehensive, coordinated continuum to achieve the annual measurable performance objectives and out- comes under subsection (a)(4)(C) to meet the holistic needs of children; and
(3) if applicable, coordinate and integrate services provided by community-based organizations and government agencies with services provided by specialized instructional support per- sonnel.
(f) EVALUATIONS BY THE INSTITUTE OF EDUCATION SCIENCES.—
The Secretary, acting through the Director of the Institute of Edu-
cation Sciences, shall conduct evaluations of the effectiveness of
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grants under this subpart for activities described in this section in achieving the purpose described in section 4621(2).
(g) EVALUATIONS BY GRANTEES.—The Secretary shall require each eligible entity receiving a grant under this subpart for activi- ties described in this section to—
(1) conduct annual evaluations of the progress achieved with the grant toward the purpose described in section 4621(2); (2) use such evaluations to refine and improve activities carried out through the grant and the annual measurable per- formance objectives and outcomes under subsection (a)(4)(C);
and
(3) make the results of such evaluations publicly available,
including by providing public notice of such availability.
(h) CONSTRUCTION CLAUSE.—Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and pro- cedures afforded school or local educational agency employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agree- ments, memoranda of understanding, or other agreements between such employees and their employers.
(i) SUPPLEMENT, NOT SUPPLANT.—Funds made available to an eligible entity through a grant under this subpart for activities de- scribed in this section may be used only to supplement, and not supplant, any other Federal, State, or local funds that would other- wise be available to carry out the activities assisted under this sec- tion.
Subpart 3—National Activities for School Safety
SEC. 4631. ø20 U.S.C. 7281¿ NATIONAL ACTIVITIES FOR SCHOOL SAFE- TY.
(a) PROGRAM AUTHORIZED.—
(1) IN GENERAL.—From the funds reserved under section
4601(b)(1), the Secretary—
(A) shall use a portion of such funds for the Project
School Emergency Response to Violence program (in this section referred to as ‘‘Project SERV’’), in order to provide education-related services to eligible entities; and
(B) may use a portion of such funds to carry out other activities to improve students’ safety and well-being, dur- ing and after the school day, under this section directly or through grants, contracts, or cooperative agreements with public or private entities or individuals, or other Federal agencies, such as providing technical assistance to States and local educational agencies carrying out activities under this section or conducting a national evaluation.
(2) AVAILABILITY.—Amounts reserved under section
4601(b)(1) for Project SERV are authorized to remain available until expended for Project SERV.
(b) PROJECT SERV.—
(1) ADDITIONAL USE OF FUNDS.—Funds made available under subsection (a) for extended services grants under Project SERV may be used by an eligible entity to initiate or strength- en violence prevention activities as part of the activities de-
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283 ESEA OF 1965 Sec. 4641
signed to restore the learning environment that was disrupted by the violent or traumatic crisis in response to which the grant was awarded.
(2) APPLICATION PROCESS
(A) IN GENERAL.—An eligible entity desiring to use a
portion of extended services grant funds under Project SERV to initiate or strengthen a violence prevention activ- ity shall—
(i) submit, in an application that meets all re- quirements of the Secretary for Project SERV, the in- formation described in subparagraph (B); or
(ii) in the case of an eligible entity that has al- ready received an extended services grant under Project SERV, submit an addition to the original ap- plication that includes the information described in subparagraph (B).
(B) APPLICATION REQUIREMENTS.—An application, or
addition to an application, for an extended services grant pursuant to subparagraph (A) shall include the following: (i) A demonstration of the need for funds due to a continued disruption or a substantial risk of disrup-
tion to the learning environment.
(ii) An explanation of the proposed activities that
are designed to restore and preserve the learning envi- ronment.
(iii) A budget and budget narrative for the pro- posed activities.
(3) AWARD BASIS.—Any award of funds under Project SERV for violence prevention activities under this section shall be subject to the discretion of the Secretary and the avail- ability of funds.
(4) PROHIBITED USE.—No funds provided to an eligible en- tity for violence prevention activities may be used for construc- tion, renovation, or repair of a facility or for the permanent in- frastructure of the eligible entity.
(c) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term
‘‘eligible entity’’ means—
(1) a local educational agency, as defined in subparagraph
(A), (B), or (C) of section 8101(30), or institution of higher edu- cation in which the learning environment has been disrupted due to a violent or traumatic crisis; or
(2) the Bureau of Indian Education in a case where the learning environment of a school operated or funded by the Bu- reau, including a school meeting the definition of a local edu- cational agency under section 8101(30)(C), has been disrupted due to a violent or traumatic crisis.
Subpart 4—Academic Enrichment
SEC. 4641. ø20 U.S.C. 7291¿ AWARDS FOR ACADEMIC ENRICHMENT.
(a) PROGRAM AUTHORIZED.—From funds reserved under section 4601(b)(2)(C), the Secretary shall award grants, contracts, or coop- erative agreements, on a competitive basis, to eligible entities for
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Sec. 4642 ESEA OF 1965 284
the purposes of enriching the academic experience of students by promoting—
(1) arts education for disadvantaged students and students who are children with disabilities, as described in section 4642; (2) school readiness through the development and dissemi- nation of accessible instructional programming for preschool and elementary school children and their families, as described
in section 4643; and
(3) support for high-ability learners and high-ability learn-
ing, as described in section 4644.
(b) ANNUAL AWARDS.—The Secretary shall annually make awards to fulfill each of the purposes described in paragraphs (1) through (3) of subsection (a).
SEC. 4642. ø20 U.S.C. 7292¿ ASSISTANCE FOR ARTS EDUCATION.
(a) AWARDS TO PROVIDE ASSISTANCE FOR ARTS EDUCATION.—
(1) IN GENERAL.—Awards made to eligible entities to fulfill the purpose described in section 4641(a)(1), shall be used for a program (to be known as the ‘‘Assistance for Arts Education program’’) to promote arts education for students, including disadvantaged students and students who are children with disabilities, through activities such as—
(A) professional development for arts educators, teach- ers, and principals;
(B) development and dissemination of accessible in- structional materials and arts-based educational program- ming, including online resources, in multiple arts dis- ciplines; and
(C) community and national outreach activities that strengthen and expand partnerships among schools, local educational agencies, communities, or centers for the arts, including national centers for the arts.
(b) CONDITIONS.—As conditions of receiving assistance made available under this section, the Secretary shall require each eligi- ble entity receiving such assistance—
(1) to coordinate, to the extent practicable, each project or program carried out with such assistance with appropriate ac- tivities of public or private cultural agencies, institutions, and organizations, including museums, arts education associations, libraries, and theaters; and
(2) to use such assistance only to supplement, and not to supplant, any other assistance or funds made available from non-Federal sources for the activities assisted under this sub- part.
(c) CONSULTATION.—In carrying out this section, the Secretary shall consult with Federal agencies or institutions, arts educators (including professional arts education associations), and organiza- tions representing the arts (including State and local arts agencies involved in arts education).
(d) PRIORITY.—In awarding grants under this section, the Sec- retary shall give priority to eligible entities that are eligible na- tional nonprofit organizations.
(e) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
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285 ESEA OF 1965 Sec. 4643
(A) a local educational agency in which 20 percent or more of the students served by the local educational agen- cy are from families with an income below the poverty line;
(B) a consortium of such local educational agencies; (C) a State educational agency;
(D) an institution of higher education;
(E) a museum or cultural institution;
(F) the Bureau of Indian Education;
(G) an eligible national nonprofit organization; or
(H) another private agency, institution, or organiza-
tion.
(2) ELIGIBLE NATIONAL NONPROFIT ORGANIZATION.—The term ‘‘eligible national nonprofit organization’’ means an orga- nization of national scope that—
(A) is supported by staff, which may include volun- teers, or affiliates at the State and local levels; and
(B) demonstrates effectiveness or high-quality plans for addressing arts education activities for disadvantaged students or students who are children with disabilities.
SEC. 4643. ø20 U.S.C. 7293¿ READY TO LEARN PROGRAMMING.
(a) AWARDS TO PROMOTE SCHOOL READINESS THROUGH READY
TO LEARN PROGRAMMING.—
(1) IN GENERAL.—Awards made to eligible entities de-
scribed in paragraph (3) to fulfill the purpose described in sec- tion 4641(a)(2) shall—
(A) be known as ‘‘Ready to Learn Programming awards’’; and
(B) be used to—
(i) develop, produce, and distribute accessible edu-
cational and instructional video programming for pre- school and elementary school children and their par- ents in order to facilitate student academic achieve- ment;
(ii) facilitate the development, directly or through contracts with producers of children’s and family edu- cational television programming, of educational pro- gramming for preschool and elementary school chil- dren, and the accompanying support materials and services that promote the effective use of such pro- gramming;
(iii) facilitate the development of programming and digital content containing Ready-to-Learn pro- gramming and resources for parents and caregivers that is specially designed for nationwide distribution over public television stations’ digital broadcasting channels and the Internet;
(iv) contract with entities (such as public tele- communications entities) so that programming devel- oped under this section is disseminated and distrib- uted to the widest possible audience appropriate to be served by the programming, and through the use of the most appropriate distribution technologies; and
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Sec. 4643
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(v) develop and disseminate education and train- ing materials, including interactive programs and pro- grams adaptable to distance learning technologies, that are designed—
(I) to promote school readiness; and
(II) to promote the effective use of materials developed under clauses (ii) and (iii) among par- ents, family members, teachers, principals and other school leaders, Head Start providers, pro- viders of family literacy services, child care pro- viders, early childhood educators, elementary school teachers, public libraries, and after-school program personnel caring for preschool and ele- mentary school children.
(2) AVAILABILITY.—In awarding or entering into grants, contracts, or cooperative agreements under this section, the Secretary shall ensure that eligible entities described in para- graph (3) make programming widely available, with support materials as appropriate, to young children, parents, child care workers, Head Start providers, and providers of family literacy services to increase the effective use of such programming.
(3) ELIGIBLE ENTITIES.—To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall be a public telecommunications entity that is able to dem- onstrate each of the following:
(A) A capacity for the development and national dis- tribution of educational and instructional television pro- gramming of high quality that is accessible by a large ma- jority of disadvantaged preschool and elementary school children.
(B) A capacity to contract with the producers of chil- dren’s television programming for the purpose of devel- oping educational television programming of high quality.
(C) A capacity, consistent with the entity’s mission and nonprofit nature, to negotiate such contracts in a man- ner that returns to the entity an appropriate share of any ancillary income from sales of any program-related prod- ucts.
(D) A capacity to localize programming and materials to meet specific State and local needs and to provide edu- cational outreach at the local level.
(4) COORDINATION OF ACTIVITIES.—An entity receiving a
grant, contract, or cooperative agreement under this section shall consult with the Secretary and the Secretary of Health and Human Services—
(A) to maximize the use of high-quality educational programming by preschool and elementary school children, and make such programming widely available to Federally funded programs serving such populations; and
(B) to coordinate activities with Federal programs that have major training components for early childhood devel- opment, including programs under the Head Start Act (42 U.S.C. 9831 et seq.) and State training activities funded under the Child Care and Development Block Grant Act of
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287 ESEA OF 1965 Sec. 4643
1990 (42 U.S.C. 9858 et seq.), regarding the availability and utilization of materials developed under paragraph (1)(B)(v) to enhance parent and child care provider skills in early childhood development and education.
(b) APPLICATIONS.—To be eligible to receive a grant, contract, or cooperative agreement under subsection (a), an entity shall sub- mit to the Secretary an application at such time and in such man- ner as the Secretary may reasonably require. The application shall include—
(1) a description of the activities to be carried out under this section;
(2) a list of the types of entities with which such entity will enter into contracts under subsection (a)(1)(B)(iv);
(3) a description of the activities the entity will undertake widely to disseminate the content developed under this section; and
(4) a description of how the entity will comply with sub- section (a)(2).
(c) REPORTS AND EVALUATIONS.—
(1) ANNUAL REPORT TO SECRETARY.—An entity receiving a
grant, contract, or cooperative agreement under this section shall prepare and submit to the Secretary an annual report. The report shall describe the program activities undertaken with funds received under the grant, contract, or cooperative agreement, including each of the following:
(A) The programming that has been developed, di- rectly or indirectly, by the eligible entity, and the target population of the programming.
(B) The support and training materials that have been developed to accompany the programming, and the method by which the materials are distributed to consumers and users of the programming.
(C) The means by which programming developed under this section has been distributed, including the dis- tance learning technologies that have been utilized to make programming available, and the geographic distribu- tion achieved through such technologies.
(D) The initiatives undertaken by the entity to develop public-private partnerships to secure non-Federal support for the development, distribution, and broadcast of edu- cational and instructional programming.
(2) REPORT TO CONGRESS.—The Secretary shall prepare
and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a biannual re- port that includes the following:
(A) A summary of the activities assisted under sub- section (a).
(B) A description of the education and training mate- rials made available under subsection (a)(1)(B)(v), the manner in which outreach has been conducted to inform parents and child care providers of the availability of such materials, and the manner in which such materials have been distributed in accordance with such subsection.
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(d) ADMINISTRATIVE COSTS.—An entity that receives a grant, contract, or cooperative agreement under this section may use up to 5 percent of the amount received under the grant, contract, or agreement for the normal and customary expenses of administering the grant, contract, or agreement.
(e) FUNDING RULE.—Not less than 60 percent of the amount used by the Secretary to carry out this section for each fiscal year shall be used to carry out activities under clauses (ii) through (iv) of subsection (a)(1)(B).
SEC. 4644. ø20 U.S.C. 7294¿ SUPPORTING HIGH-ABILITY LEARNERS AND LEARNING.
(a) PURPOSE.—The purpose of this section is to promote and initiate a coordinated program, to be known as the ‘‘Jacob K. Javits Gifted and Talented Students Education Program’’, of evidence- based research, demonstration projects, innovative strategies, and similar activities designed to build and enhance the ability of ele- mentary schools and secondary schools nationwide to identify gifted and talented students and meet their special educational needs.
(b) PROGRAM AUTHORIZED.—
(1) IN GENERAL.—The Secretary (after consultation with
experts in the field of the education of gifted and talented stu- dents) shall make awards to, or enter into contracts with, State educational agencies, local educational agencies, the Bureau of Indian Education, institutions of higher education, other public agencies, and other private agencies and organizations to as- sist such agencies, institutions, or organizations, or the Bu- reau, in carrying out programs or projects to fulfill the purpose described in section 4641(a)(3), including the training of per- sonnel in the identification and education of gifted and tal- ented students and in the use, where appropriate, of gifted and talented services, materials, and methods for all students.
(2) APPLICATION.—Each entity seeking assistance under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reason- ably require. Each application shall describe how—
(A) the proposed identification methods, as well as gifted and talented services, materials, and methods, can be adapted, if appropriate, for use by all students; and
(B) the proposed programs can be evaluated.
(c) USES OF FUNDS.—Programs and projects assisted under this
section may include any of the following:
(1) Conducting evidence-based research on methods and
techniques for identifying and teaching gifted and talented stu- dents and for using gifted and talented programs and methods to identify and provide the opportunity for all students to be served, particularly low-income and at-risk students.
(2) Establishing and operating programs and projects for identifying and serving gifted and talented students, including innovative methods and strategies (such as summer programs, mentoring programs, peer tutoring programs, service learning programs, and cooperative learning programs involving busi- ness, industry and education) for identifying and educating students who may not be served by traditional gifted and tal- ented programs.
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289 ESEA OF 1965 Sec. 4644
(3) Providing technical assistance and disseminating infor- mation, which may include how gifted and talented programs and methods may be adapted for use by all students, particu- larly low-income and at-risk students.
(d) CENTER FOR RESEARCH AND DEVELOPMENT.—
(1) IN GENERAL.—The Secretary (after consultation with experts in the field of the education of gifted and talented stu- dents) shall establish a National Research Center for the Edu- cation of Gifted and Talented Children and Youth through grants to, or contracts with, one or more institutions of higher education or State educational agencies, or a combination or consortium of such institutions and agencies and other public or private agencies and organizations, for the purpose of car- rying out activities described in subsection (c).
(2) DIRECTOR.—The National Center shall be headed by a Director. The Secretary may authorize the Director to carry out such functions of the National Center as may be agreed upon through arrangements with institutions of higher education, State educational agencies, local educational agencies, or other public or private agencies and organizations.
(e) COORDINATION.—Evidence-based activities supported under this section—
(1) shall be carried out in consultation with the Institute of Education Sciences to ensure that such activities are coordi- nated with and enhance the research and development activi- ties supported by the Institute; and
(2) may include collaborative evidence-based activities that are jointly funded and carried out with such Institute.
(f) GENERAL PRIORITY.—In carrying out this section, the Sec-
retary shall give highest priority to programs and projects designed to—
(1) develop new information that—
(A) improves the capability of schools to plan, conduct,
and improve programs to identify and serve gifted and tal- ented students; or
(B) assists schools in the identification of, and provi- sion of services to, gifted and talented students (including economically disadvantaged individuals, individuals who are English learners, and children with disabilities) who may not be identified and served through traditional as- sessment methods; or
(2) implement evidence-based activities, defined in this
paragraph as activities meeting the requirements of section 8101(21)(A)(i).
(g) PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND TEACH-
ERS.—In making grants and entering into contracts under this sec- tion, the Secretary shall ensure, where appropriate, that provision is made for the equitable participation of students and teachers in private nonprofit elementary schools and secondary schools, includ- ing the participation of teachers and other personnel in profes- sional development programs serving such students.
(h) REVIEW, DISSEMINATION, AND EVALUATION.—The Secretary shall—
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Sec. 5101 ESEA OF 1965 290
(1) use a peer-review process in reviewing applications under this section;
(2) ensure that information on the activities and results of programs and projects funded under this section is dissemi- nated to appropriate State educational agencies, local edu- cational agencies, and other appropriate organizations, includ- ing private nonprofit organizations; and
(3) evaluate the effectiveness of programs under this sec- tion in accordance with section 8601, in terms of the impact on students traditionally served in separate gifted and talented programs and on other students, and submit the results of such evaluation to Congress not later than 2 years after the date of enactment of the Every Student Succeeds Act.
(i) PROGRAM OPERATIONS.—The Secretary shall ensure that the
programs under this section are administered within the Depart- ment by a person who has recognized professional qualifications and experience in the field of the education of gifted and talented students and who shall—
(1) administer and coordinate the programs authorized under this section;
(2) serve as a focal point of national leadership and infor- mation on the educational needs of gifted and talented stu- dents and the availability of educational services and programs designed to meet such needs;
(3) assist the Director of the Institute of Education Sciences in identifying research priorities that reflect the needs of gifted and talented students; and
(4) disseminate, and consult on, the information developed under this section with other offices within the Department.
TITLE V—FLEXIBILITY AND ACCOUNTABILITY
PART A—FUNDING TRANSFERABILITY FOR STATE AND LOCAL EDUCATIONAL AGENCIES
SEC. 5101. ø20 U.S.C. 7305¿ SHORT TITLE.
This part may be cited as the ‘‘State and Local Transferability
Act’’.
SEC. 5102. ø20 U.S.C. 7305a¿ PURPOSE.
The purpose of this part is to allow States and local edu-
cational agencies the flexibility to target Federal funds to the pro- grams and activities that most effectively address the unique needs of States and localities.
SEC. 5103. ø20 U.S.C. 7305b¿ TRANSFERABILITY OF FUNDS. (a) TRANSFERS BY STATES.—
(1) IN GENERAL.—In accordance with this part, a State may transfer all, or any lesser amount, of State funds (includ- ing funds transferred under paragraph (2)) allotted to the State for use for State-level activities under the following pro- visions for a fiscal year to one or more of the State’s allotments for such fiscal year under any other of such provisions:
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291 ESEA OF 1965 Sec. 5103
(A) Part A of title II. (B) Part A of title IV. (C) Section 4202(c)(3).
(2) ADDITIONAL FUNDS.—In accordance with this part, a State may transfer any funds allotted to the State under a pro- vision listed in paragraph (1) for a fiscal year to its allotment under any other of the following provisions:
(A) Part A of title I. (B) Part C of title I. (C) Part D of title I. (D) Part A of title III. (E) Part B.
(b) TRANSFERS BY LOCAL EDUCATIONAL AGENCIES.— (1) AUTHORITY TO TRANSFER FUNDS.—
(A) IN GENERAL.—In accordance with this part, a local educational agency may transfer all, or any lesser amount, of the funds allocated to it under each of the provisions listed in paragraph (2) for a fiscal year to one or more of its allocations for such fiscal year under any other provi- sion listed in paragraph (2).
(B) ADDITIONAL FUNDS.—In accordance with this part, a local educational agency may transfer any funds allotted to such agency under a provision listed in paragraph (2) for a fiscal year to its allotment under any other of the fol- lowing provisions:
(i) Part A of title I. (ii) Part C of title I. (iii) Part D of title I. (iv) Part A of title III. (v) Part B.
(2) APPLICABLE PROVISIONS.—A local educational agency may transfer funds under subparagraph (A) or (B) of para- graph (1) from allocations made under each of the following provisions:
(A) Part A of title II.
(B) Part A of title IV.
(c) NO TRANSFER OF CERTAIN FUNDING.—A State or local edu-
cational agency may not transfer under this part to any other pro- gram any funds allotted or allocated to it for the following provi- sions:
(1) Part A of title I. (2) Part C of title I. (3) Part D of title I. (4) Part A of title III. (5) Part B.
(d) MODIFICATION OF PLANS AND APPLICATIONS; NOTIFICA- TION.—
(1) STATE TRANSFERS.—Each State that makes a transfer of funds under this section shall—
(A) modify, to account for such transfer, each State plan, or application submitted by the State, to which such funds relate;
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Sec. 5201
ESEA OF 1965 292
(B) not later than 30 days after the date of such trans- fer, submit a copy of such modified plan or application to the Secretary; and
(C) not later than 30 days before the effective date of such transfer, notify the Secretary of such transfer.
(2) LOCAL TRANSFERS.—Each local educational agency that
February 1, 2023
makes a transfer of funds under this section shall—
(A) modify, to account for such transfer, each local plan, or application submitted by the agency, to which
such funds relate;
(B) not later than 30 days after the date of such trans-
fer, submit a copy of such modified plan or application to the State; and
(C) not later than 30 days before the effective date of such transfer, notify the State of such transfer.
(e) APPLICABLE RULES.—
(1) IN GENERAL.—Except as otherwise provided in this
part, funds transferred under this section are subject to each of the rules and requirements applicable to the funds under the provision to which the transferred funds are transferred.
(2) CONSULTATION.—Each State educational agency or local educational agency that transfers funds under this sec- tion shall conduct consultations in accordance with section 8501, if such transfer transfers funds from a program that pro- vides for the ticipation of students, teachers, or other edu- cational personnel, from private schools.
PART B—RURAL EDUCATION INITIATIVE
SEC. 5201. ø20 U.S.C. 7341¿ SHORT TITLE.
This part may be cited as the ‘‘Rural Education Achievement
Program’’.
SEC. 5202. ø20 U.S.C. 7341a¿ PURPOSE.
It is the purpose of this part to address the unique needs of
rural school districts that frequently—
(1) lack the personnel and resources needed to compete ef-
fectively for Federal competitive grants; and
(2) receive formula grant allocations in amounts too small
to be effective in meeting their intended purposes.
Subpart 1—Small, Rural School Achievement Program
SEC. 5211. ø20 U.S.C. 7345¿ USE OF APPLICABLE FUNDING. (a) ALTERNATIVE USES.—
(1) IN GENERAL.—Notwithstanding any other provision of law, an eligible local educational agency may use the applica- ble funding that the agency is eligible to receive from the State educational agency for a fiscal year to carry out local activities authorized under any of the following provisions:
(A) Part A of title I. (B) Part A of title II. (C) Title III.
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293 ESEA OF 1965 Sec. 5212
(D) Part A or B of title IV.
(2) NOTIFICATION.—An eligible local educational agency
shall notify the State educational agency of the local edu- cational agency’s intention to use the applicable funding in ac- cordance with paragraph (1), by a date that is established by the State educational agency for the notification.
(b) ELIGIBILITY.—
(1) IN GENERAL.—A local educational agency shall be eligi-
ble to use the applicable funding in accordance with subsection (a) if—
(A)(i)(I) the total number of students in average daily attendance at all of the schools served by the local edu- cational agency is fewer than 600; or
(II) each county in which a school served by the local educational agency is located has a total population den- sity of fewer than 10 persons per square mile; and
(ii) all of the schools served by the local educational agency are designated with a locale code of 41, 42, or 43, as determined by the Secretary;
(B) the agency meets the criteria established in sub- paragraph (A)(i) and the Secretary, in accordance with paragraph (2), grants the local educational agency’s re- quest to waive the criteria described in subparagraph (A)(ii); or
(C) the local educational agency is a member of an educational service agency that does not receive funds under this subpart and the local educational agency meets the requirements of this part.
(2) CERTIFICATION.—The Secretary shall determine wheth- er to waive the criteria described in paragraph (1)(A)(ii) based on a demonstration by the local educational agency, and con- currence by the State educational agency, that the local edu- cational agency is located in an area defined as rural by a gov- ernmental agency of the State.
(c) APPLICABLE FUNDING DEFINED.—In this section, the term
‘‘applicable funding’’ means funds provided under any of the fol- lowing provisions:
(1) Part A of title II.
(2) Part A of title IV.
(d) DISBURSEMENT.—Each State educational agency that re-
ceives applicable funding for a fiscal year shall disburse the appli- cable funding to local educational agencies for alternative uses under this section for the fiscal year at the same time as the State educational agency disburses the applicable funding to local edu- cational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year.
(e) APPLICABLE RULES.—Applicable funding under this section shall be available to carry out local activities authorized under sub- section (a).
SEC. 5212. ø20 U.S.C. 7345a¿ GRANT PROGRAM AUTHORIZED.
(a) IN GENERAL.—The Secretary is authorized to award grants to eligible local educational agencies to enable the local educational
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Sec. 5212 ESEA OF 1965 294
agencies to carry out activities authorized under any of the fol- lowing provisions:
(1) Part A of title I.
(2) Part A of title II.
(3) Title III.
(4) Part A or B of title IV.
(b) ALLOCATION.—
(1) ALLOCATION.—
(A) IN GENERAL.—Except as provided in paragraphs (3) and (4), the Secretary shall award a grant under sub- section (a) to a local educational agency eligible under sec- tion 5211(b) for a fiscal year in an amount equal to the ini- tial amount determined under paragraph (2) for the fiscal year minus the total amount received by the agency under the provisions of law described in section 5211(c) for the preceding fiscal year.
(B) SPECIAL DETERMINATION.—For a local educational agency that is eligible under section 5211(b)(1)(C) and is a member of an educational service agency, the Secretary may determine the award amount by subtracting from the initial amount determined under paragraph (2), an amount that is equal to that local educational agency’s per-pupil share of the total amount received by the educational serv- ice agency under the provisions described in section 5211(c), as long as a determination under this subpara- graph would not disproportionately affect any State.
(2) DETERMINATION OF INITIAL AMOUNT.—
(A) IN GENERAL.—The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total num- ber of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000.
(B) SPECIAL RULE.—For any fiscal year for which the amount made available to carry out this part is $265,000,000 or more, subparagraph (A) shall be applied—
(i) by substituting ‘‘$25,000’’ for ‘‘$20,000’’; and
(ii) by substituting ‘‘$80,000’’ for ‘‘$60,000’’. (3) RATABLE ADJUSTMENT.—
(A) IN GENERAL.—If the amount made available to carry out this section for any fiscal year is not sufficient to pay in full the amounts that local educational agencies are eligible to receive under paragraph (1) for such year, the Secretary shall ratably reduce such amounts for such year.
(B) ADDITIONAL AMOUNTS.—If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under sub- paragraph (A) shall be increased on the same basis as such payments were reduced.
(4) HOLD HARMLESS.—For a local educational agency that is not eligible under this subpart due to amendments made by the Every Student Succeeds Act to section 5211(b)(1)(A)(ii) but met the eligibility requirements under section 6211(b) as such
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295 ESEA OF 1965 Sec. 5221
section was in effect on the day before the date of enactment of the Every Student Succeeds Act, the agency shall receive— (A) for fiscal year 2017, 75 percent of the amount such
agency received for fiscal year 2015;
(B) for fiscal year 2018, 50 percent of the amount such
agency received for fiscal year 2015; and
(C) for fiscal year 2019, 25 percent of the amount such
agency received for fiscal year 2015.
(c) DISBURSEMENT.—The Secretary shall disburse the funds
awarded to a local educational agency under this section for a fiscal year not later than July 1 of that fiscal year.
Subpart 2—Rural and Low-Income School Program
SEC. 5221. ø20 U.S.C. 7351¿ PROGRAM AUTHORIZED. (a) GRANTS TO STATES.—
(1) IN GENERAL.—From amounts appropriated under sec- tion 5234 for this subpart for a fiscal year that are not re- served under subsection (c), the Secretary shall award grants (from allotments made under paragraph (2)) for the fiscal year to State educational agencies that have applications submitted under section 5223 approved to enable the State educational agencies to award grants to eligible local educational agencies for local authorized activities described in section 5222(a).
(2) ALLOTMENT.—From amounts described in paragraph (1) for a fiscal year, the Secretary shall allot to each State edu- cational agency for that fiscal year an amount that bears the same ratio to those amounts as the number of students in av- erage daily attendance served by eligible local educational agencies in the State for that fiscal year bears to the number of all such students served by eligible local educational agen- cies in all States for that fiscal year.
(3) SPECIALLY QUALIFIED AGENCIES.—
(A) ELIGIBILITY AND APPLICATION.—If a State edu-
cational agency elects not to participate in the program under this subpart or does not have an application sub- mitted under section 5223 approved, a specially qualified agency in such State desiring a grant under this subpart may submit an application under such section directly to the Secretary to receive an award under this subpart.
(B) DIRECT AWARDS.—The Secretary may award, on a competitive basis or by formula, the amount the State edu- cational agency is eligible to receive under paragraph (2) directly to a specially qualified agency in the State that has submitted an application in accordance with subpara- graph (A) and obtained approval of the application.
(C) SPECIALLY QUALIFIED AGENCY DEFINED.—In this subpart, the term ‘‘specially qualified agency’’ means an el- igible local educational agency served by a State edu- cational agency that does not participate in a program under this subpart in a fiscal year, that may apply directly
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Sec. 5222 ESEA OF 1965 296
to the Secretary for a grant in such year under this sub-
section.
(b) LOCAL AWARDS.—
(1) ELIGIBILITY.—A local educational agency shall be eligi- ble to receive a grant under this subpart if—
(A)(i) 20 percent or more of the children ages 5 through 17 years served by the local educational agency are from families with incomes below the poverty line; and
(ii) all of the schools served by the agency are des- ignated with a locale code of 32, 33, 41, 42, or 43, as deter- mined by the Secretary; or
(B) the agency meets the criteria established in clause (i) of subparagraph (A) and the Secretary, in accordance with paragraph (2), grants the local educational agency’s request to waive the criteria described in clause (ii) of such subparagraph.
(2) CERTIFICATION The Secretary shall determine whether
to waive the criteria described in paragraph (1)(A)(ii) based on a demonstration by the local educational agency, and concur- rence by the State educational agency, that the local edu- cational agency is located in an area defined as rural by a gov- ernmental agency of the State.
(3) AWARD BASIS.—A State educational agency shall award grants to eligible local educational agencies—
(A) on a competitive basis;
(B) according to a formula based on the number of stu- dents in average daily attendance served by the eligible local educational agencies or schools in the State; or
(C) according to an alternative formula, if, prior to awarding the grants, the State educational agency dem- onstrates, to the satisfaction of the Secretary, that the al- ternative formula enables the State educational agency to allot the grant funds in a manner that serves equal or greater concentrations of children from families with in- comes below the poverty line, relative to the concentra- tions that would be served if the State educational agency used the formula described in subparagraph (B).
(c) RESERVATIONS.—From amounts appropriated under section 5234 for this subpart for a fiscal year, the Secretary shall reserve— (1) one-half of 1 percent to make awards to elementary schools or secondary schools operated or supported by the Bu- reau of Indian Education, to carry out the activities authorized
under this subpart; and
(2) one-half of 1 percent to make awards to the outlying
areas in accordance with their respective needs, to carry out the activities authorized under this subpart.
SEC. 5222. ø20 U.S.C. 7351a¿ USES OF FUNDS.
(a) LOCAL AWARDS.—Grant funds awarded to local educational
agencies under this subpart shall be used for any of the following: (1) Activities authorized under part A of title I.
(2) Activities authorized under part A of title II.
(3) Activities authorized under title III.
(4) Activities authorized under part A of title IV.
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297 ESEA OF 1965 Sec. 5225
(5) Parental involvement activities.
(b) ADMINISTRATIVE COSTS.—A State educational agency receiv-
ing a grant under this subpart may not use more than 5 percent of the amount of the grant for State administrative costs and to provide technical assistance to eligible local educational agencies.
SEC. 5223. ø20 U.S.C. 7351b¿ APPLICATIONS.
(a) IN GENERAL.—Each State educational agency or specially
qualified agency desiring to receive a grant under this subpart shall submit an application to the Secretary at such time and in such manner as the Secretary may require.
(b) CONTENTS.—Each application submitted under subsection (a) shall include information on—
(1) program objectives and outcomes for activities under this subpart, including how the State educational agency or specially qualified agency will use funds to help all students meet the challenging State academic standards;
(2) if the State educational agency will competitively award grants to eligible local educational agencies, as de- scribed in section 5221(b)(3)(A), the application under the sec- tion shall include—
(A) the methods and criteria the State educational agency will use to review applications and award funds to local educational agencies on a competitive basis; and
(B) how the State educational agency will notify eligi- ble local educational agencies of the grant competition; and (3) a description of how the State educational agency will
provide technical assistance to eligible local educational agen- cies to help such agencies implement the activities described in section 5222.
SEC. 5224. ø20 U.S.C. 7351c¿ REPORT.
Each6 State educational agency or specially qualified agency
that receives a grant under this subpart shall prepare and submit an annual report to the Secretary. The report shall describe—
(1) if the report is submitted by a State educational agen- cy, the method the State educational agency used to award grants to eligible local educational agencies, and to provide as- sistance to schools, under this subpart;
(2) how local educational agencies and schools used funds provided under this subpart; and
(3) the degree to which progress has been made toward meeting the objectives and outcomes described in the applica- tion submitted under section 5223, including having all stu- dents in the State or the area served by the specially qualified agency, as applicable, meet the challenging State academic standards.
SEC. 5225. ø20 U.S.C. 7351d¿ CHOICE OF PARTICIPATION.
(a) IN GENERAL.—If a local educational agency is eligible for funding under both this subpart and subpart 1, such local edu- cational agency may receive funds under either this subpart or sub-
6 An em dash at the end of the section heading and the text of the matter preceding paragraph (1) appears inline with the heading as a result of the amendment made by section 5003(7)(A) of Public Law 114–95. The version of this section as so amended and set out above reflects the execution of the amendment as it should have appeared in such Public Law.
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Sec. 5231 ESEA OF 1965 298
part 1 for a fiscal year, but may not receive funds under both sub- parts for such fiscal year.
(b) NOTIFICATION.—A local educational agency eligible for fund- ing under both this subpart and subpart 1 shall notify the Sec- retary and the State educational agency under which of such sub- parts the local educational agency intends to receive funds for a fis- cal year by a date that is established by the Secretary for the noti- fication.
Subpart 3—General Provisions
SEC. 5231. ø20 U.S.C. 7355¿ ANNUAL AVERAGE DAILY ATTENDANCE DE- TERMINATION.
(a) CENSUS DETERMINATION.—Each local educational agency desiring a grant under section 5212 and each local educational agency or specially qualified agency desiring a grant under subpart 2 shall—
(1) not later than December 1 of each year, conduct a cen- sus to determine the number of students in average daily at- tendance in kindergarten through grade 12 at the schools served by the agency; and
(2) not later than March 1 of each year, submit the num- ber described in paragraph (1) to the Secretary (and to the State educational agency, in the case of a local educational agency seeking a grant under subpart (2)).
(b) PENALTY.—If the Secretary determines that a local edu-
cational agency or specially qualified agency has knowingly sub- mitted false information under subsection (a) for the purpose of gaining additional funds under section 5212 or subpart 2, then the agency shall be fined an amount equal to twice the difference be- tween the amount the agency received under this section and the correct amount the agency would have received under section 5212 or subpart 2 if the agency had submitted accurate information under subsection (a).
SEC. 5232. ø20 U.S.C. 7355a¿ SUPPLEMENT, NOT SUPPLANT.
Funds made available under subpart 1 or subpart 2 shall be used to supplement, and not supplant, any other Federal, State, or
local education funds.
SEC. 5233. ø20 U.S.C. 7355b¿ RULE OF CONSTRUCTION.
Nothing in this part shall be construed to prohibit a local edu-
cational agency that enters into cooperative arrangements with other local educational agencies for the provision of special, com- pensatory, or other education services, pursuant to State law or a written agreement, from entering into similar arrangements for the use, or the coordination of the use, of the funds made available under this part.
SEC. 5234. ø20 U.S.C. 7355c¿ AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this part $169,840,000 for each of the fiscal years 2017 through 2020, to be
distributed equally between subparts 1 and 2.
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299 ESEA OF 1965 Sec. 6102
PART C—GENERAL PROVISIONS
SEC. 5301. ø20 U.S.C. 7371¿ PROHIBITION AGAINST FEDERAL MAN- DATES, DIRECTION, OR CONTROL.
Nothing in this title shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or con- trol a State, local educational agency, or school’s specific instruc- tional content, academic standards and assessments, curriculum, or program of instruction, as a condition of eligibility to receive funds under this Act.
SEC. 5302. ø20 U.S.C. 7372¿ RULE OF CONSTRUCTION ON EQUALIZED SPENDING.
Nothing in this title shall be construed to mandate equalized spending per pupil for a State, local educational agency, or school.
TITLE VI—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
PART A—INDIAN EDUCATION
SEC. 6101. ø20 U.S.C. 7401¿ STATEMENT OF POLICY.
It is the policy of the United States to fulfill the Federal Gov-
ernment’s unique and continuing trust relationship with and re- sponsibility to the Indian people for the education of Indian chil- dren. The Federal Government will continue to work with local educational agencies, Indian tribes and organizations, postsec- ondary institutions, and other entities toward the goal of ensuring that programs that serve Indian children are of the highest quality and provide for not only the basic elementary and secondary edu- cational needs, but also the unique educational and culturally re- lated academic needs of these children. It is further the policy of the United States to ensure that Indian children do not attend school in buildings that are dilapidated or deteriorating, which may negatively affect the academic success of such children.
SEC. 6102. ø20 U.S.C. 7402¿ PURPOSE.
It is the purpose of this part to support the efforts of local edu-
cational agencies, Indian tribes and organizations, postsecondary institutions, and other entities—
(1) to meet the unique educational and culturally related academic needs of Indian students, so that such students can meet the challenging State academic standards;
(2) to ensure that Indian students gain knowledge and un- derstanding of Native communities, languages, tribal histories, traditions, and cultures; and
(3) to ensure that teachers, principals, other school leaders, and other staff who serve Indian students have the ability to provide culturally appropriate and effective instruction and supports to such students.
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Sec. 6111 ESEA OF 1965 300
Subpart 1—Formula Grants to Local Educational Agencies
SEC. 6111. ø20 U.S.C. 7421¿ PURPOSE.
It is the purpose of this subpart to support the efforts of local
educational agencies, Indian tribes and organizations, and other entities in developing elementary school and secondary school pro- grams for Indian students that are designed to—
(1) meet the unique cultural, language, and educational needs of such students; and
(2) ensure that all students meet the challenging State academic standards.
SEC. 6112. ø20 U.S.C. 7422¿ GRANTS TO LOCAL EDUCATIONAL AGEN- CIES AND TRIBES.
(a) IN GENERAL.—The Secretary may make grants, from alloca- tions made under section 6113, and in accordance with this section and section 6113, to—
(1) local educational agencies;
(2) Indian tribes, as provided under subsection (c)(1);
(3) Indian organizations, as provided under subsection
(c)(1);
(4) consortia of 2 or more local educational agencies, In-
dian tribes, Indian organizations, or Indian community-based organizations, if each local educational agency participating in such a consortium, if applicable—
(A) provides an assurance that the eligible Indian chil- dren served by such local educational agency will receive the services of the programs funded under this subpart; and
(B) is subject to all the requirements, assurances, and obligations applicable to local educational agencies under this subpart; and
(5) Indian community-based organizations, as provided
under subsection (d)(1).
(b) LOCAL EDUCATIONAL AGENCIES.—
(1) ENROLLMENT REQUIREMENTS.—Subject to paragraph (2), a local educational agency shall be eligible for a grant under this subpart for any fiscal year if the number of Indian children eligible under section 6117 who were enrolled in the schools of the agency, and to whom the agency provided free public education, during the preceding fiscal year—
(A) was at least 10; or
(B) constituted not less than 25 percent of the total number of individuals enrolled in the schools of such agen- cy.
(2) COOPERATIVE AGREEMENTS.—A local educational agency
may enter into a cooperative agreement with an Indian tribe under this subpart if such Indian tribe—
(A) represents not less than 25 percent of the eligible Indian children who are served by such local educational agency; and
(B) requests that the local educational agency enter into a cooperative agreement under this subpart.
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301 ESEA OF 1965 Sec. 6112
(3) EXCLUSION.—The requirement of paragraph (1) shall not apply in Alaska, California, or Oklahoma, or with respect to any local educational agency located on, or in proximity to, a reservation.
(c) INDIAN TRIBES AND INDIAN ORGANIZATIONS.—
(1) IN GENERAL.—If a local educational agency that is oth- erwise eligible for a grant under this subpart does not estab- lish a committee under section 6114(c)(4) for such grant, an In- dian tribe, an Indian organization, or a consortium of such en- tities, that represents more than one-half of the eligible Indian children who are served by such local educational agency may apply for such grant.
(2) SPECIAL RULE.—
(A) IN GENERAL.—The Secretary shall treat each In-
dian tribe, Indian organization, or consortium of such enti- ties applying for a grant pursuant to paragraph (1) as if such tribe, Indian organization, or consortium were a local educational agency for purposes of this subpart.
(B) EXCEPTIONS.—Notwithstanding subparagraph (A), such Indian tribe, Indian organization, or consortium shall not be subject to the requirements of subsections (b)(7) or (c)(4) of section 6114 or section 6118(c) or 6119.
(3) ASSURANCE TO SERVE ALL INDIAN CHILDREN.—An In-
dian tribe, Indian organization, or consortium of such entities that is eligible to apply for a grant under paragraph (1) shall include, in the application required under section 6114, an as- surance that the entity will use the grant funds to provide services to all Indian students served by the local educational agency.
(d) INDIAN COMMUNITY-BASED ORGANIZATION.—
(1) IN GENERAL.—If no local educational agency pursuant
to subsection (b), and no Indian tribe, Indian organization, or consortium pursuant to subsection (c), applies for a grant under this subpart in a particular community, an Indian com- munity-based organization serving the community of the local educational agency may apply for such grant.
(2) APPLICABILITY OF SPECIAL RULE.—The Secretary shall apply the special rule in subsection (c)(2) to an Indian commu- nity-based organization applying for a grant under paragraph (1) in the same manner as such rule applies to an Indian tribe, Indian organization, or consortium described in that sub- section.
(3) DEFINITION OF INDIAN COMMUNITY-BASED ORGANIZA- TION.—In this subsection, the term ‘‘Indian community-based organization’’ means any organization that—
(A) is composed primarily of Indian parents, family members, and community members, tribal government education officials, and tribal members, from a specific community;
(B) assists in the social, cultural, and educational de- velopment of Indians in such community;
(C) meets the unique cultural, language, and academic needs of Indian students; and
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(D) demonstrates organizational and administrative capacity to manage the grant.
SEC. 6113. ø20 U.S.C. 7423¿ AMOUNT OF GRANTS. (a) AMOUNT OF GRANT AWARDS.—
(1) IN GENERAL.—Except as provided in subsection (b) and paragraph (2), the Secretary shall allocate to each local edu- cational agency that has an approved application under this subpart an amount equal to the product of—
(A) the number of Indian children who are eligible under section 6117 and served by such agency; and
(B) the greater of—
(i) the average per pupil expenditure of the State
in which such agency is located; or
(ii) 80 percent of the average per pupil expendi-
ture of all the States.
(2) REDUCTION.—The Secretary shall reduce the amount of
each allocation otherwise determined under this section in ac- cordance with subsection (e).
(b) MINIMUM GRANT.—
(1) IN GENERAL.—Notwithstanding subsection (e), an entity that is eligible for a grant under section 6112, and a school that is operated or supported by the Bureau of Indian Edu- cation is eligible for a grant under subsection (d), that submits an application that is approved by the Secretary, shall, subject to appropriations, receive a grant under this subpart in an amount that is not less than $3,000.
(2) CONSORTIA.—Local educational agencies may form a consortium for the purpose of obtaining grants under this sub- part.
(3) INCREASE.—The Secretary may increase the minimum grant under paragraph (1) to not more than $4,000 for all grantees if the Secretary determines such increase is necessary to ensure the quality of the programs provided.
(c) DEFINITION.—For the purpose of this section, the term ‘‘av-
erage per pupil expenditure’’, used with respect to a State, means an amount equal to—
(1) the sum of the aggregate current expenditures of all the local educational agencies in the State, plus any direct cur- rent expenditures by the State for the operation of such agen- cies, without regard to the sources of funds from which such local or State expenditures were made, during the second fiscal year preceding the fiscal year for which the computation is made; divided by
(2) the aggregate number of children who were included in average daily attendance for whom such agencies provided free public education during such preceding fiscal year.
(d) SCHOOLS OPERATED OR SUPPORTED BY THE BUREAU OF IN-
DIAN EDUCATION.—
(1) IN GENERAL.—Subject to subsection (e), in addition to
the grants awarded under subsection (a), the Secretary shall allocate to the Secretary of the Interior an amount equal to the product of—
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303 ESEA OF 1965 Sec. 6114
(A) the total number of Indian children enrolled in schools that are operated by—
(i) the Bureau of Indian Education; or
(ii) an Indian tribe, or an organization controlled or sanctioned by an Indian tribal government, for the children of that tribe under a contract with, or grant from, the Department of the Interior under the Indian Self-Determination Act or the Tribally Controlled Schools Act of 1988; and
(B) the greater of—
(i) the average per pupil expenditure of the State in which the school is located; or
(ii) 80 percent of the average per pupil expendi- ture of all the States.
(2) SPECIAL RULE.—Any school described in paragraph (1)(A) that wishes to receive an allocation under this subpart shall submit an application in accordance with section 6114, and shall otherwise be treated as a local educational agency for the purpose of this subpart, except that such school shall not be subject to section 6114(c)(4), section 6118(c), or section 6119. (e) RATABLE REDUCTIONS.—If the sums appropriated for any
fiscal year under 6152(a)7 are insufficient to pay in full the amounts determined for local educational agencies under sub- section (a)(1) and for the Secretary of the Interior under subsection (d), each of those amounts shall be ratably reduced.
SEC. 6114. ø20 U.S.C. 7424¿ APPLICATIONS.
(a) APPLICATION REQUIRED.—Each entity described in section
6112(a) that desires to receive a grant under this subpart shall submit an application to the Secretary at such time, in such man- ner, and containing such information as the Secretary may reason- ably require.
(b) COMPREHENSIVE PROGRAM REQUIRED.—Each application submitted under subsection (a) shall include a description of a com- prehensive program for meeting the needs of Indian children served by the local educational agency, including the language and cultural needs of the children, that—
(1) describes how the comprehensive program will offer programs and activities to meet the culturally related academic needs of Indian students;
(2)(A) is consistent with the State, tribal, and local plans submitted under other provisions of this Act; and
(B) includes program objectives and outcomes for activities under this subpart that are based on the same challenging State academic standards developed by the State under title I for all students;
(3) explains how the grantee will use funds made available under this subpart to supplement other Federal, State, and local programs that meet the needs of Indian students;
(4) demonstrates how funds made available under this subpart will be used for activities described in section 6115;
7 Probably should read ‘‘section 6152(a)’’. See amendment made by section 6001(b)(3)(D) of Public Law 114–95.
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(5) describes the professional development opportunities that will be provided, as needed, to ensure that—
(A) teachers and other school professionals who are new to the Indian community are prepared to work with Indian children; and
(B) all teachers who will be involved in programs as- sisted under this subpart have been properly trained to carry out such programs;
(6) describes how the local educational agency—
(A) will periodically assess the progress of all Indian children enrolled in the schools of the local educational agency, including Indian children who do not participate in programs assisted under this subpart, in meeting the goals described in paragraph (2);
(B) will provide the results of each assessment re- ferred to in subparagraph (A) to—
(i) the committee described in subsection (c)(4);
(ii) the community served by the local educational agency; and
(iii) the Indian tribes whose children are served by the local educational agency, consistent with section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly referred to as the ‘‘Family Educational Rights and Privacy Act of 1974’’); and
(C) is responding to findings of any previous assess-
ments that are similar to the assessments described in subparagraph (A); and
(7) describes the process the local educational agency used
to meaningfully collaborate with Indian tribes located in the community in a timely, active, and ongoing manner in the de- velopment of the comprehensive program and the actions taken as a result of such collaboration.
(c) ASSURANCES.—Each application submitted under subsection (a) shall include assurances that—
(1) the local educational agency will use funds received under this subpart only to supplement the funds that, in the absence of the Federal funds made available under this sub- part, such agency would make available for services described in this subsection, and not to supplant such funds;
(2) the local educational agency will prepare and submit to the Secretary such reports, in such form and containing such information, as the Secretary may require to—
(A) carry out the functions of the Secretary under this subpart;
(B) determine the extent to which activities carried out with funds provided to the local educational agency under this subpart are effective in improving the edu- cational achievement of Indian students served by such agency, and meet program objectives and outcomes for ac- tivities under this subpart; and
(C) determine the extent to which such activities by the local educational agency address the unique cultural, language, and educational needs of Indian students;
(3) the program for which assistance is sought—
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305 ESEA OF 1965 Sec. 6114
(A) is based on a comprehensive local assessment and prioritization of the unique educational and culturally re- lated academic needs of the Indian students for whom the local educational agency is providing an education;
(B) will use the best available talents and resources, including individuals from the Indian community; and
(C) was developed by such agency in open consultation with parents of Indian children and teachers, representa- tives of Indian tribes on Indian lands located within 50 miles of any school that the agency will serve if such tribes have any children in such school, Indian organizations, and, if appropriate, Indian students from secondary schools, including through public hearings held by such agency to provide to the individuals described in this sub- paragraph a full opportunity to understand the program and to offer recommendations regarding the program;
(4) the local educational agency developed the program
with the participation and written approval of a committee— (A) that is composed of, and selected by—
(i) parents and family members of Indian children in the local educational agency’s schools;
(ii) representatives of Indian tribes on Indian lands located within 50 miles of any school that the agency will serve if such tribes have any children in such school;
(iii) teachers in the schools; and
(iv) if appropriate, Indian students attending sec- ondary schools of the agency;
(B) a majority of whose members are parents and fam-
ily members of Indian children;
(C) with respect to an application describing a
schoolwide program in accordance with section 6115(c), that has—
(i) reviewed in a timely fashion the program;
(ii) determined that the program will not diminish the availability of culturally related activities for In- dian students; and
(iii) determined that the program will directly en- hance the educational experience of Indian students; and
(D) that has adopted reasonable bylaws for the con-
duct of the activities of the committee and abides by such bylaws;
(5) the local educational agency will coordinate activities
under this title with other Federal programs supporting edu- cational and related services administered by such agency;
(6) the local educational agency conducted outreach to par- ents and family members to meet the requirements under this paragraph;
(7) the local educational agency will use funds received under this subpart only for activities described and authorized in this subpart; and
(8) the local educational agency has set forth such policies and procedures, including policies and procedures relating to
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the hiring of personnel, as will ensure that the program for which assistance is sought will be operated and evaluated in consultation with, and with the involvement of, parents and family members of the children, and representatives of the area, to be served.
(d) TECHNICAL ASSISTANCE.—The Secretary shall, directly or by contract, provide technical assistance to a local educational agency or Bureau of Indian Education school upon request (in addition to any technical assistance available under other provisions of this Act or available through the Institute of Education Sciences) to support the services and activities provided under this subpart, in- cluding technical assistance for—
(1) the development of applications under this subpart, in- cluding identifying eligible entities that have not applied for such grants and undertaking appropriate activities to encour- age such entities to apply for grants under this subpart;
(2) improvement in the quality of implementation, content, and evaluation of activities supported under this subpart; and (3) integration of activities under this subpart with other educational activities carried out by the local educational agen-
cy.
SEC. 6115. ø20 U.S.C. 7425¿ AUTHORIZED SERVICES AND ACTIVITIES.
(a) GENERAL REQUIREMENTS.—Each local educational agency that receives a grant under this subpart shall use the grant funds, in a manner consistent with the purpose specified in section 6111,
for services and activities that—
(1) are designed to carry out the comprehensive program
of the local educational agency for Indian students, and de- scribed in the application of the local educational agency sub- mitted to the Secretary under section 6114(a) solely for the services and activities described in such application;
(2) are designed to be responsive to the language and cul- tural needs of the Indian students; and
(3) supplement and enrich the regular school program of such agency.
(b) PARTICULAR ACTIVITIES.—The services and activities re- ferred to in subsection (a) may include—
(1) activities that support Native American language pro- grams and Native American language restoration programs, which may be taught by traditional leaders;
(2) culturally related activities that support the program described in the application submitted by the local educational agency;
(3) early childhood and family programs that emphasize school readiness;
(4) enrichment programs that focus on problem solving and cognitive skills development and directly support the attain- ment of challenging State academic standards;
(5) integrated educational services in combination with other programs that meet the needs of Indian children and their families, including programs that promote parental in- volvement in school activities and increase student achieve- ment;
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307 ESEA OF 1965 Sec. 6116
(6) career preparation activities to enable Indian students to participate in programs such as the programs supported by the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), including programs for men- toring and apprenticeship;
(7) activities to educate individuals so as to prevent vio- lence, suicide, and substance abuse;
(8) the acquisition of equipment, but only if the acquisition of the equipment is essential to achieve the purpose described in section 6111;
(9) activities that promote the incorporation of culturally responsive teaching and learning strategies into the edu- cational program of the local educational agency;
(10) family literacy services;
(11) activities that recognize and support the unique cul- tural and educational needs of Indian children, and incorporate appropriately qualified tribal elders and seniors;
(12) dropout prevention strategies for Indian students; and
(13) strategies to meet the educational needs of at-risk In- dian students in correctional facilities, including such strate- gies that support Indian students who are transitioning from such facilities to schools served by local educational agencies. (c) SCHOOLWIDE PROGRAMS.—Notwithstanding any other provi-
sion of law, a local educational agency may use funds made avail- able to such agency under this subpart to support a schoolwide pro- gram under section 1114 if—
(1) the committee established pursuant to section 6114(c)(4) approves the use of the funds for the schoolwide pro- gram;
(2) the schoolwide program is consistent with the purpose described in section 6111; and
(3) the local educational agency identifies in its application how the use of such funds in a schoolwide program will produce benefits to Indian students that would not be achieved if the funds were not used in a schoolwide program.
(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than 5
percent of the funds provided to a grantee under this subpart for any fiscal year may be used for administrative purposes.
(e) LIMITATION ON THE USE OF FUNDS.—Funds provided to a grantee under this subpart may not be used for long-distance travel expenses for training activities that are available locally or region- ally.
SEC. 6116. ø20 U.S.C. 7426¿ INTEGRATION OF SERVICES AUTHORIZED. (a) PLAN.—An entity receiving funds under this subpart may submit a plan to the Secretary for the integration of education and
related services provided to Indian students.
(b) CONSOLIDATION OF PROGRAMS.—Upon the receipt of an ac-
ceptable plan under subsection (a), the Secretary, in cooperation with each Federal agency providing grants for the provision of edu- cation and related services to the entity, shall authorize the entity to consolidate, in accordance with such plan, the federally funded education and related services programs of the entity and the Fed- eral programs, or portions of the programs, serving Indian students
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Sec. 6116 ESEA OF 1965 308
in a manner that integrates the program services involved into a single, coordinated, comprehensive program and reduces adminis- trative costs by consolidating administrative functions.
(c) PROGRAMS AFFECTED.—The funds that may be consolidated in a demonstration project under any such plan referred to in sub- section (a) shall include funds for any Federal program exclusively serving Indian children, or the funds reserved under any Federal program to exclusively serve Indian children, under which the enti- ty is eligible for receipt of funds under a statutory or administra- tive formula for the purposes of providing education and related services that would be used to serve Indian students.
(d) PLAN REQUIREMENTS.—For a plan to be acceptable pursu- ant to subsection (b), the plan shall—
(1) identify the programs or funding sources to be consoli- dated;
(2) be consistent with the objectives of this section con- cerning authorizing the services to be integrated in a dem- onstration project;
(3) describe a comprehensive strategy that identifies the full range of potential educational opportunities and related services to be provided to assist Indian students to achieve the objectives set forth in this subpart;
(4) describe the way in which services are to be integrated and delivered and the results expected from the plan;
(5) identify the projected expenditures under the plan in a single budget;
(6) identify the State, tribal, or local agency or agencies to be involved in the delivery of the services integrated under the plan;
(7) identify any statutory provisions, regulations, policies, or procedures that the entity believes need to be waived in order to implement the plan;
(8) set forth measures for academic content and student academic achievement goals designed to be met within a spe- cific period of time; and
(9) be approved by a committee formed in accordance with section 6114(c)(4), if such a committee exists.
(e) PLAN REVIEW.—Upon receipt of the plan from an eligible
entity, the Secretary shall consult with the Secretary of each Fed- eral department providing funds to be used to implement the plan, and with the entity submitting the plan. The parties so consulting shall identify any waivers of statutory requirements or of Federal departmental regulations, policies, or procedures necessary to en- able the entity to implement the plan. Notwithstanding any other provision of law, the Secretary of the affected department shall have the authority to waive any regulation, policy, or procedure promulgated by that department that has been so identified by the entity or department, unless the Secretary of the affected depart- ment determines that such a waiver is inconsistent with the objec- tives of this subpart or those provisions of the statute from which the program involved derives authority that are specifically appli- cable to Indian students.
(f) PLAN APPROVAL.—Within 90 days after the receipt of an en- tity’s plan by the Secretary, the Secretary shall inform the entity,
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309 ESEA OF 1965 Sec. 6116
in writing, of the Secretary’s approval or disapproval of the plan. If the plan is disapproved, the entity shall be informed, in writing, of the reasons for the disapproval and shall be given an oppor- tunity to amend the plan or to petition the Secretary to reconsider such disapproval.
(g) RESPONSIBILITIES OF DEPARTMENT OF EDUCATION.—Not later than 180 days after the date of enactment of the Every Stu- dent Succeeds Act, the Secretary of Education, the Secretary of the Interior, the Secretary of Health and Human Services, and the head of any other Federal department or agency identified by the Secretary of Education, shall enter into an interdepartmental memorandum of agreement providing for the implementation and coordination of the demonstration projects authorized under this section. The lead agency head for a demonstration project under this section shall be—
(1) the Secretary of the Interior, in the case of an entity meeting the definition of a contract or grant school under title XI of the Education Amendments of 1978; or
(2) the Secretary of Education, in the case of any other en- tity.
(h) RESPONSIBILITIES OF LEAD AGENCY.—The responsibilities of the lead agency shall include—
(1) the use of a single report format related to the plan for the individual project, which shall be used by an eligible entity to report on the activities undertaken under the project;
(2) the use of a single report format related to the pro- jected expenditures for the individual project which shall be used by an eligible entity to report on all project expenditures;
(3) the development of a single system of Federal oversight for the project, which shall be implemented by the lead agency; and
(4) the provision of technical assistance to an eligible enti- ty appropriate to the project, except that an eligible entity shall have the authority to accept or reject the plan for pro- viding such technical assistance and the technical assistance provider.
(i) REPORT REQUIREMENTS.—A single report format shall be de-
veloped by the Secretary, consistent with the requirements of this section. Such report format shall require that reports described in subsection (h), together with records maintained on the consoli- dated program at the local level, shall contain such information as will allow a determination that the eligible entity has complied with the requirements incorporated in its approved plan, including making a demonstration of student academic achievement, and will provide assurances to each Secretary that the eligible entity has complied with all directly applicable statutory requirements and with those directly applicable regulatory requirements that have not been waived.
(j) NO REDUCTION IN AMOUNTS.—In no case shall the amount of Federal funds available to an eligible entity involved in any dem- onstration project be reduced as a result of the enactment of this section.
(k) INTERAGENCY FUND TRANSFERS AUTHORIZED.—The Sec- retary is authorized to take such action as may be necessary to pro-
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Sec. 6116 ESEA OF 1965 310
vide for an interagency transfer of funds otherwise available to an eligible entity in order to further the objectives of this section.
(l) ADMINISTRATION OF FUNDS.—
(1) IN GENERAL.—Program funds for the consolidated pro-
grams shall be administered in such a manner as to allow for a determination that funds from a specific program are spent on allowable activities authorized under such program, except that the eligible entity shall determine the proportion of the funds granted that shall be allocated to such program.
(2) SEPARATE RECORDS NOT REQUIRED.—Nothing in this section shall be construed as requiring the eligible entity to maintain separate records tracing any services or activities conducted under the approved plan to the individual programs under which funds were authorized for the services or activi- ties, nor shall the eligible entity be required to allocate expend- itures among such individual programs.
(m) OVERAGE.—The eligible entity may commingle all adminis-
trative funds from the consolidated programs and shall be entitled to the full amount of such funds (under each program’s or agency’s regulations). The overage (defined as the difference between the amount of the commingled funds and the actual administrative cost of the programs) shall be considered to be properly spent for Fed- eral audit purposes, if the overage is used for the purposes pro- vided for under this section.
(n) FISCAL ACCOUNTABILITY.—Nothing in this part shall be construed so as to interfere with the ability of the Secretary or the lead agency to fulfill the responsibilities for the safeguarding of Federal funds pursuant to chapter 75 of title 31, United States Code.
(o) REPORT ON STATUTORY OBSTACLES TO PROGRAM INTEGRA- TION.—
(1) PRELIMINARY REPORT.—Not later than 2 years after the date of enactment of the Every Student Succeeds Act, the Sec- retary of Education shall submit a preliminary report to the Committee on Education and the Workforce and the Com- mittee on Resources of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Indian Affairs of the Senate on the status of the implementation of the demonstration projects authorized under this section.
(2) FINAL REPORT.—Not later than 5 years after the date of enactment of the Every Student Succeeds Act, the Secretary of Education shall submit a report to the Committee on Edu- cation and the Workforce and the Committee on Resources of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Indian Affairs of the Senate on the results of the implementation of the demonstration projects authorized under this section.
(p) DEFINITIONS.—For the purposes of this section, the term
‘‘Secretary’’ means—
(1) the Secretary of the Interior, in the case of an entity
meeting the definition of a contract or grant school under title
XI of the Education Amendments of 1978; or
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311 ESEA OF 1965 Sec. 6117
(2) the Secretary of Education, in the case of any other en- tity.
SEC. 6117. ø20 U.S.C. 7427¿ STUDENT ELIGIBILITY FORMS.
(a) IN GENERAL.—The Secretary shall require that, as part of an application for a grant under this subpart, each applicant shall maintain a file, with respect to each Indian child for whom the local educational agency provides a free public education, that con- tains a form that sets forth information establishing the status of the child as an Indian child eligible for assistance under this sub- part, and that otherwise meets the requirements of subsection (b). All individual data collected shall be protected by the local edu- cational agencies and only aggregated data shall be reported to the
Secretary.
(b) FORMS.—The form described in subsection (a) shall in-
clude—
(1) either—
(A)(i) the name of the tribe or band of Indians (as de- fined in section 6151) with respect to which the child claims membership;
(ii) the enrollment number establishing the member- ship of the child (if readily available); and
(iii) the name and address of the organization that maintains updated and accurate membership data for such tribe or band of Indians; or
(B) the name, the enrollment number (if readily avail- able), and the name and address of the organization re- sponsible for maintaining updated and accurate member- ship data, of any parent or grandparent of the child from whom the child claims eligibility under this subpart, if the child is not a member of the tribe or band of Indians (as so defined);
(2) a statement of whether the tribe or band of Indians (as
so defined), with respect to which the child, or parent or grand- parent of the child, claims membership, is federally recognized; (3) the name and address of the parent or legal guardian
of the child;
(4) a signature of the parent or legal guardian of the child
that verifies the accuracy of the information supplied; and
(5) any other information that the Secretary considers nec-
essary to provide an accurate program profile.
(c) STATUTORY CONSTRUCTION.—Nothing in this section shall be construed to affect a definition contained in section 6151.
(d) DOCUMENTATION AND TYPES OF PROOF.—
(1) TYPES OF PROOF.—For purposes of determining whether
a child is eligible to be counted for the purpose of computing the amount of a grant award under section 6113, the member- ship of the child, or any parent or grandparent of the child, in a tribe or band of Indians (as so defined) may be established by proof other than an enrollment number, notwithstanding the availability of an enrollment number for a member of such tribe or band. Nothing in subsection (b) shall be construed to require the furnishing of an enrollment number.
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(2) NO NEW OR DUPLICATIVE DETERMINATIONS.—Once a child is determined to be an Indian eligible to be counted for such grant award, the local educational agency shall maintain a record of such determination and shall not require a new or duplicate determination to be made for such child for a subse- quent application for a grant under this subpart.
(3) PREVIOUSLY FILED FORMS.—An Indian student eligi- bility form that was on file as required by this section on the day before the date of enactment of the Every Student Suc- ceeds Act and that met the requirements of this section, as this section was in effect on the day before the date of the enact- ment of such Act, shall remain valid for such Indian student. (e) MONITORING AND EVALUATION REVIEW.—
(1) IN GENERAL.—
(A) REVIEW.—For each fiscal year, in order to provide
such information as is necessary to carry out the responsi- bility of the Secretary to provide technical assistance under this subpart, the Secretary shall conduct a moni- toring and evaluation review of a sampling of the recipi- ents of grants under this subpart. The sampling conducted under this subparagraph shall take into account the size of and the geographic location of each local educational agency.
(B) EXCEPTION.—A local educational agency may not be held liable to the United States or be subject to any penalty, by reason of the findings of an audit that relates to the date of completion, or the date of submission, of any forms used to establish, before April 28, 1988, the eligi- bility of a child for an entitlement under the Indian Ele- mentary and Secondary School Assistance Act.
(2) FALSE INFORMATION.—Any local educational agency
that provides false information in an application for a grant under this subpart shall—
(A) be ineligible to apply for any other grant under this subpart; and
(B) be liable to the United States for any funds from the grant that have not been expended.
(3) EXCLUDED CHILDREN.—A student who provides false in-
formation for the form required under subsection (a) shall not be counted for the purpose of computing the amount of a grant under section 6113.
(f) TRIBAL GRANT AND CONTRACT SCHOOLS.—Notwithstanding
any other provision of this section, in calculating the amount of a grant under this subpart to a tribal school that receives a grant or contract from the Bureau of Indian Education, the Secretary shall use only one of the following, as selected by the school:
(1) A count of the number of students in the schools cer- tified by the Bureau.
(2) A count of the number of students for whom the school has eligibility forms that comply with this section.
(g) TIMING OF CHILD COUNTS.—For purposes of determining
the number of children to be counted in calculating the amount of
a local educational agency’s grant under this subpart (other than
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313 ESEA OF 1965 Sec. 6119
in the case described in subsection (f)(1)), the local educational agency shall—
(1) establish a date on, or a period not longer than 31 con- secutive days during, which the agency counts those children, if that date or period occurs before the deadline established by the Secretary for submitting an application under section 6114; and
(2) determine that each such child was enrolled, and re- ceiving a free public education, in a school of the agency on that date or during that period, as the case may be.
SEC. 6118. ø20 U.S.C. 7428¿ PAYMENTS.
(a) IN GENERAL.—Subject to subsections (b) and (c), the Sec-
retary shall pay to each local educational agency that submits an application that is approved by the Secretary under this subpart the amount determined under section 6113. The Secretary shall no- tify the local educational agency of the amount of the payment not later than June 1 of the year for which the Secretary makes the payment.
(b) PAYMENTS TAKEN INTO ACCOUNT BY THE STATE.—The Sec- retary may not make a grant under this subpart to a local edu- cational agency for a fiscal year if, for such fiscal year, the State in which the local educational agency is located takes into consider- ation payments made under this chapter in determining the eligi- bility of the local educational agency for State aid, or the amount of the State aid, with respect to the free public education of chil- dren during such fiscal year or the preceding fiscal year.
(c) REDUCTION OF PAYMENT FOR FAILURE TO MAINTAIN FISCAL EFFORT.—Each local educational agency shall maintain fiscal effort in accordance with section 8521 or be subject to reduced payments under this subpart in accordance with such section 8521.
(d) REALLOCATIONS.—The Secretary may reallocate, in a man- ner that the Secretary determines will best carry out the purpose of this subpart, any amounts that—
(1) based on estimates made by local educational agencies or other information, the Secretary determines will not be needed by such agencies to carry out approved programs under this subpart; or
(2) otherwise become available for reallocation under this subpart.
SEC. 6119. ø20 U.S.C. 7429¿ STATE EDUCATIONAL AGENCY REVIEW. Before submitting an application to the Secretary under sec- tion 6114, a local educational agency shall submit the application to the State educational agency, which may comment on such ap- plication. If the State educational agency comments on the applica- tion, the agency shall comment on all applications submitted by local educational agencies in the State and shall provide those com- ments to the respective local educational agencies, with an oppor-
tunity to respond.
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Sec. 6121 ESEA OF 1965 314
Subpart 2—Special Programs and Projects To Im- prove Educational Opportunities for Indian Children
SEC. 6121. ø20 U.S.C. 7441¿ IMPROVEMENT OF EDUCATIONAL OPPORTU- NITIES FOR INDIAN CHILDREN AND YOUTH.
(a) PURPOSE.—
(1) IN GENERAL.—It is the purpose of this section to sup-
port projects to develop, test, and demonstrate the effectiveness of services and programs to improve educational opportunities and achievement of Indian children and youth.
(2) COORDINATION.—The Secretary shall take the nec- essary actions to achieve the coordination of activities assisted under this subpart with—
(A) other programs funded under this Act; and
(B) other Federal programs operated for the benefit of Indian children and youth.
(b) ELIGIBLE ENTITIES.—In this section, the term ‘‘eligible enti- ty’’ means a State educational agency, local educational agency, In- dian tribe, Indian organization, federally supported elementary school or secondary school for Indian students, a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))), or a consortium of such entities.
(c) GRANTS AUTHORIZED.—The Secretary shall award grants to eligible entities to enable such entities to carry out activities that meet the purpose of this section, including—
(1) innovative programs related to the educational needs of educationally disadvantaged Indian children and youth;
(2) educational services that are not available to such chil- dren and youth in sufficient quantity or quality, including re- medial instruction, to raise the achievement of Indian children in one or more of the subjects of English, mathematics, science, foreign languages, art, history, and geography;
(3) bilingual and bicultural programs and projects;
(4) special health and nutrition services, and other related activities, that address the special health, social, and psycho- logical problems of Indian children and youth;
(5) special compensatory and other programs and projects designed to assist and encourage Indian children and youth to enter, remain in, or reenter school, and to increase the rate of high school graduation for Indian children and youth;
(6) comprehensive guidance, counseling, and testing serv- ices;
(7) early childhood education programs that are effective in preparing young children to make sufficient academic growth by the end of grade 3, including kindergarten and pre-kinder- garten programs, family-based preschool programs that empha- size school readiness, screening and referral, and the provision of services to Indian children and youth with disabilities;
(8) partnership projects between local educational agencies and institutions of higher education that allow secondary school students to enroll in courses at the postsecondary level
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315 ESEA OF 1965 Sec. 6121
to aid such students in the transition from secondary to post- secondary education;
(9) partnership projects between schools and local busi- nesses for career preparation programs designed to provide In- dian youth with the knowledge and skills such youth need to make an effective transition from school to a high-skill career;
(10) programs designed to encourage and assist Indian stu- dents to work toward, and gain entrance into, institutions of higher education;
(11) family literacy services;
(12) activities that recognize and support the unique cul- tural and educational needs of Indian children and youth, and incorporate traditional leaders;
(13) high-quality professional development of teaching pro- fessionals and paraprofessionals; or
(14) other services that meet the purpose described in this section.
(d) GRANT REQUIREMENTS AND APPLICATIONS.— (1) GRANT REQUIREMENTS.—
(A) IN GENERAL.—The Secretary may make multiyear grants under subsection (c) for the planning, development, pilot operation, or demonstration of any activity described in subsection (c) for a period not to exceed 5 years.
(B) PRIORITY.—In making multiyear grants described in this paragraph, the Secretary shall give priority to enti- ties submitting applications that present a plan for com- bining two or more of the activities described in subsection (c) over a period of more than 1 year.
(C) PROGRESS.—The Secretary shall award grants for an initial period of not more than 3 years and may renew such grants for not more than an additional 2 years if the Secretary determines that the eligible entity has made substantial progress in carrying out the activities assisted under the grant in accordance with the application sub- mitted under paragraph (3) and any subsequent modifica- tions to such application.
(2) DISSEMINATION GRANTS.—
(A) IN GENERAL.—In addition to awarding the multiyear grants described in paragraph (1), the Secretary may award grants under subsection (c) to eligible entities for the dissemination of exemplary materials or programs assisted under this section.
(B) DETERMINATION.—The Secretary may award a dis- semination grant described in this paragraph if, prior to awarding the grant, the Secretary determines that the ma- terial or program to be disseminated—
(i) has been adequately reviewed;
(ii) has demonstrated educational merit; and (iii) can be replicated.
(3) APPLICATION.—
(A) IN GENERAL.—Any eligible entity that desires to
receive a grant under this section shall submit an applica- tion to the Secretary at such time and in such manner as the Secretary may reasonably require.
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Sec. 6122
ESEA OF 1965 316
(B) CONTENTS.—Each application submitted to the Secretary under subparagraph (A), other than an applica- tion for a dissemination grant under paragraph (2), shall contain—
(i) a description of how parents and family of In- dian children and representatives of Indian tribes have been, and will be, involved in developing and im- plementing the activities for which assistance is sought;
(ii) assurances that the applicant will participate, at the request of the Secretary, in any national eval- uation of activities assisted under this section;
(iii) information demonstrating that the proposed program is an evidence-based program, where applica- ble, which may include a program that has been modi- fied to be culturally appropriate for students who will be served;
(iv) a description of how the applicant will incor- porate the proposed activities into the ongoing school program involved once the grant period is over; and
(v) such other assurances and information as the Secretary may reasonably require.
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(e) ADMINISTRATIVE COSTS.—Not more than 5 percent of the funds provided to a grantee under this subpart for any fiscal year may be used for administrative purposes.
SEC. 6122. ø20 U.S.C. 7442¿ PROFESSIONAL DEVELOPMENT FOR TEACH- ERS AND EDUCATION PROFESSIONALS.
(a) PURPOSES.—The purposes of this section are—
(1) to increase the number of qualified Indian teachers and
administrators serving Indian students;
(2) to provide pre- and in-service training and support to
qualified Indian individuals to enable such individuals to be- come effective teachers, principals, other school leaders, admin- istrators, paraprofessionals, counselors, social workers, and specialized instructional support personnel;
(3) to improve the skills of qualified Indian individuals who serve in the capacities described in paragraph (2); and
(4) to develop and implement initiatives to promote reten- tion of effective teachers, principals, and school leaders who have a record of success in helping low-achieving Indian stu- dents improve their academic achievement, outcomes, and preparation for postsecondary education or employment.
(b) ELIGIBLE ENTITIES.—For the purpose of this section, the
term ‘‘eligible entity’’ means—
(1) an institution of higher education, including a Tribal
College or University, as defined in section 316(b) of the High- er Education Act of 1965 (20 U.S.C. 1059c(b));
(2) a State educational agency or local educational agency, in consortium with an institution of higher education;
(3) an Indian tribe or organization, in consortium with an institution of higher education; and
(4) a Bureau-funded school (as defined in section 1146 of the Education Amendments of 1978) in a consortium with at least one Tribal College or University, as defined in section
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317 ESEA OF 1965 Sec. 6122
316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)), where feasible.
(c) PROGRAM AUTHORIZED.—The Secretary is authorized to
award grants to eligible entities having applications approved under this section to enable those entities to carry out the activities described in subsection (d).
(d) AUTHORIZED ACTIVITIES.—
(1) IN GENERAL.—Grant funds under this section shall be
used for activities to provide support and training for Indian individuals in a manner consistent with the purpose of this section. Such activities may include—
(A) continuing education programs, symposia, work- shops, and conferences;
(B) teacher mentoring programs, professional guid- ance, and instructional support provided by educators, local traditional leaders, or cultural experts, as appropriate for teachers during their first 3 years of employment as teachers;
(C) direct financial support; and
(D) programs designed to train traditional leaders and cultural experts to assist those personnel referenced in subsection (a)(2), as appropriate, with relevant Native lan- guage and cultural mentoring, guidance, and support.
(2) SPECIAL RULES.—
(A) TYPE OF TRAINING.—For education personnel, the training received pursuant to a grant under this section may be inservice or preservice training.
(B) PROGRAM.—For individuals who are being trained to enter any field other than teaching, the training re- ceived pursuant to a grant under this section shall be in a program that results in a graduate degree.
(e) APPLICATION.—Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. At a minimum, an application under this section shall describe how the eligible entity will—
(1) recruit qualified Indian individuals, such as students who may not be of traditional college age, to become teachers, principals, or school leaders;
(2) use funds made available under the grant to support the recruitment, preparation, and professional development of Indian teachers or principals in local educational agencies that serve a high proportion of Indian students; and
(3) assist participants in meeting the requirements under subsection (h).
(f) SPECIAL RULE.—In awarding grants under this section, the Secretary—
(1)
(2) ty; and (3) section eligible
may give priority to Tribal Colleges and Universities; shall consider the prior performance of the eligible enti-
may not limit eligibility to receive a grant under this on the basis of the length of any period for which the entity has received a grant.
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Sec. 6131 ESEA OF 1965 318
(g) GRANT PERIOD.—The Secretary shall award grants under this section for an initial period of not more than 3 years, and may renew such grants for an additional period of not more than 2 years if the Secretary finds that the grantee is achieving the objec- tives of the grant.
(h) SERVICE OBLIGATION.—
(1) IN GENERAL.—The Secretary shall require, by regula-
tion, that an individual who receives training pursuant to a grant made under this section—
(A) perform work—
(i) related to the training received under this sec-
tion; and
(ii) that benefits Indian students in a local edu-
cational agency that serves a high proportion of Indian students; or
(B) repay all or a prorated part of the assistance re-
ceived.
(2) REPORTING.—The Secretary shall establish, by regula- tion, a reporting procedure under which a grant recipient under this section shall, not later than 12 months after the date of completion of the training, and periodically thereafter, provide information concerning compliance with the work re- quirement under paragraph (1).
Subpart 3—National Activities
SEC. 6131. ø20 U.S.C. 7451¿ NATIONAL RESEARCH ACTIVITIES.
(a) AUTHORIZED ACTIVITIES.—The Secretary may use funds
made available to carry out this subpart for each fiscal year to— (1) conduct research related to effective approaches for the
education of Indian children and adults;
(2) evaluate federally assisted education programs from
which Indian children and adults may benefit;
(3) collect and analyze data on the educational status and
needs of Indians; and
(4) carry out other activities that are consistent with the
purpose of this part.
(b) ELIGIBILITY.—The Secretary may carry out any of the ac- tivities described in subsection (a) directly or through grants to, or contracts or cooperative agreements with, Indian tribes, Indian or- ganizations, State educational agencies, local educational agencies, institutions of higher education, including Indian institutions of higher education, and other public and private agencies and insti- tutions.
(c) COORDINATION.—Research activities supported under this section—
(1) shall be carried out in consultation with the Institute of Education Sciences to ensure that such activities are coordi- nated with and enhance the research and development activi- ties supported by the Institute; and
(2) may include collaborative research activities that are jointly funded and carried out by the Office of Indian Edu- cation Programs, the Bureau of Indian Education, and the In- stitute of Education Sciences.
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319 ESEA OF 1965 Sec. 6132
SEC. 6132. ø20 U.S.C. 7452¿ GRANTS TO TRIBES FOR EDUCATION ADMIN- ISTRATIVE PLANNING, DEVELOPMENT, AND COORDINA- TION.
(a) IN GENERAL.—The Secretary may award grants under this section to eligible applicants to enable the eligible applicants to—
(1) promote tribal self-determination in education;
(2) improve the academic achievement of Indian children and youth; and
(3) promote the coordination and collaboration of tribal educational agencies with State educational agencies and local educational agencies to meet the unique educational and cul- turally related academic needs of Indian students.
(b) DEFINITIONS.—In this section:
(1) ELIGIBLE APPLICANT.—In this section, the term ‘‘eligible
applicant’’ means—
(A) an Indian tribe or tribal organization approved by
an Indian tribe; or
(B) a tribal educational agency.
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ means a feder- ally recognized tribe or a State-recognized tribe.
(3) TRIBAL EDUCATIONAL AGENCY.—The term ‘‘tribal edu- cational agency’’ means the agency, department, or instrumen- tality of an Indian tribe that is primarily responsible for sup- porting tribal students’ elementary and secondary education. (c) GRANT PROGRAM.—The Secretary may award grants to—
(1) eligible applicants described under subsection (b)(1)(A) to plan and develop a tribal educational agency, if the tribe or organization has no current tribal educational agency, for a pe- riod of not more than 1 year; and
(2) eligible applicants described under subsection (b)(1)(B), for a period of not more than 3 years, in order to—
(A) directly administer education programs, including formula grant programs under this Act, consistent with State law and under a written agreement between the par- ties;
(B) build capacity to administer and coordinate such education programs, and to improve the relationship and coordination between such applicants and the State edu- cational agencies and local educational agencies that edu- cate students from the tribe;
(C) receive training and support from the State edu- cational agency and local educational agency, in areas such as data collection and analysis, grants management and monitoring, fiscal accountability, and other areas as need- ed;
(D) train and support the State educational agency and local educational agency in areas related to tribal his- tory, language, or culture;
(E) build on existing activities or resources rather than replacing other funds; and
(F) carry out other activities, consistent with the pur- poses of this section.
(d) GRANT APPLICATION.—
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Sec. 6133 ESEA OF 1965 320
(1) IN GENERAL.—Each eligible applicant desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reason- ably prescribe.
(2) CONTENTS.—Each application described in paragraph (1) shall contain—
(A) a statement describing the activities to be con- ducted, and the objectives to be achieved, under the grant; (B) a description of the method to be used for evalu- ating the effectiveness of the activities for which assistance is sought and for determining whether such objectives are
achieved; and
(C) for applications for activities under subsection
(c)(2), evidence of—
(i) a preliminary agreement with the appropriate
State educational agency, 1 or more local educational agencies, or both the State educational agency and a local educational agency; and
(ii) existing capacity as a tribal educational agen- cy.
(3) APPROVAL.—The Secretary may approve an application submitted by an eligible applicant under this subsection if the application, including any documentation submitted with the application—
(A) demonstrates that the eligible applicant has con- sulted with other education entities, if any, within the ter- ritorial jurisdiction of the applicant that will be affected by the activities to be conducted under the grant;
(B) provides for consultation with such other education entities in the operation and evaluation of the activities conducted under the grant; and
(C) demonstrates that there will be adequate resources provided under this section or from other sources to com- plete the activities for which assistance is sought.
(e) RESTRICTIONS.—
(1) IN GENERAL.—An Indian tribe may not receive funds
under this section if the tribe receives funds under section 1140 of the Education Amendments of 1978 (20 U.S.C. 2020). (2) DIRECT SERVICES.—No funds under this section may be
used to provide direct services.
(f) SUPPLEMENT, NOT SUPPLANT.—Funds under this section shall be used to supplement, and not supplant, other Federal, State, and local programs that meet the needs of tribal students.
SEC. 6133. ø20 U.S.C. 7453¿ NATIVE AMERICAN AND ALASKA NATIVE LANGUAGE IMMERSION SCHOOLS AND PROGRAMS.
(a) PURPOSES.—The purposes of this section are—
(1) to establish a grant program to support schools that use Native American and Alaska Native languages as the pri-
mary language of instruction;
(2) to maintain, protect, and promote the rights and free-
dom of Native Americans and Alaska Natives to use, practice, maintain, and revitalize their languages, as envisioned in the Native American Languages Act (25 U.S.C. 2901 et seq.); and
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321 ESEA OF 1965 Sec. 6133
(3) to support the Nation’s First Peoples’ efforts to main- tain and revitalize their languages and cultures, and to im- prove educational opportunities and student outcomes within Native American and Alaska Native communities.
(b) PROGRAM AUTHORIZED.—
(1) IN GENERAL.—From funds reserved under section 6152(c), the Secretary shall reserve 20 percent to make grants to eligible entities to develop and maintain, or to improve and expand, programs that support schools, including elementary school and secondary school education sites and streams, using Native American and Alaska Native languages as the primary languages of instruction.
(2) ELIGIBLE ENTITIES.—In this subsection, the term ‘‘eligi- ble entity’’ means any of the following entities that has a plan to develop and maintain, or to improve and expand, programs that support the entity’s use of a Native American or Alaska Native language as the primary language of instruction in ele- mentary schools or secondary schools, or both:
(A) An Indian tribe.
(B) A Tribal College or University (as defined in sec- tion 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c)).
(C) A tribal education agency.
(D) A local educational agency, including a public charter school that is a local educational agency under State law.
(E) A school operated by the Bureau of Indian Edu- cation.
(F) An Alaska Native Regional Corporation (as de- scribed in section 3(g) of the Alaska Native Claims Settle- ment Act (43 U.S.C. 1602(g))).
(G) A private, tribal, or Alaska Native nonprofit orga- nization.
(H) A nontribal for-profit organization. (c) APPLICATION.—
(1) IN GENERAL.—An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require, including the following:
(A) The name of the Native American or Alaska Na- tive language to be used for instruction at the school sup- ported by the eligible entity.
(B) The number of students attending such school.
(C) The number of hours of instruction in or through 1 or more Native American or Alaska Native languages being provided to targeted students at such school, if any.
(D) A description of how the eligible entity will—
(i) use the funds provided to meet the purposes of
this section;
(ii) implement the activities described in sub-
section (e);
(iii) ensure the implementation of rigorous aca-
demic content; and
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ESEA OF 1965 322
(iv) ensure that students progress toward high- level fluency goals.
(E) Information regarding the school’s organizational
governance or affiliations, including information about—
(i) the school governing entity (such as a local edu- cational agency, tribal education agency or depart- ment, charter organization, private organization, or
other governing entity);
(ii) the school’s accreditation status;
(iii) any partnerships with institutions of higher
education; and
(iv) any indigenous language schooling and re-
search cooperatives.
(F) An assurance that—
(i) the school is engaged in meeting State or trib- ally designated long-term goals for students, as may be required by applicable Federal, State, or tribal law;
(ii) the school provides assessments of students using the Native American or Alaska Native language of instruction, where possible;
(iii) the qualifications of all instructional and lead- ership personnel at such school is sufficient to deliver high-quality education through the Native American or Alaska Native language used in the school; and
(iv) the school will collect and report to the public data relative to student achievement and, if appro- priate, rates of high school graduation, career readi- ness, and enrollment in postsecondary education or workforce development programs, of students who are enrolled in the school’s programs.
(2) LIMITATION.—The Secretary shall not give a priority in awarding grants under this section based on the information described in paragraph (1)(E).
(3) SUBMISSION OF CERTIFICATION.—
(A) IN GENERAL.—An eligible entity that is a public el-
ementary school or secondary school (including a public charter school or a school operated by the Bureau of In- dian Education) or a nontribal for-profit or nonprofit orga- nization shall submit, along with the application require- ments described in paragraph (1), a certification described in subparagraph (B) indicating that—
(i) the school or organization has the capacity to provide education primarily through a Native Amer- ican or an Alaska Native language; and
(ii) there are sufficient speakers of the target lan- guage at the school or available to be hired by the school or organization.
(B) CERTIFICATION.—The certification described in sub-
paragraph (A) shall be from one of the following entities, on whose land the school or program is located, that is an entity served by such school, or that is an entity whose members (as defined by that entity) are served by the school:
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323 ESEA OF 1965 Sec. 6133
(i) A Tribal College or University (as defined in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c)).
(ii) A Federally recognized Indian tribe or tribal organization.
(iii) An Alaska Native Regional Corporation or an Alaska Native nonprofit organization.
(iv) A Native Hawaiian organization.
(d) AWARDING OF GRANTS.—In awarding grants under this sec-
tion, the Secretary shall—
(1) determine the amount of each grant and the duration
of each grant, which shall not exceed 3 years; and
(2) ensure, to the maximum extent feasible, that diversity
in languages is represented. (e) ACTIVITIES AUTHORIZED.—
(1) REQUIRED ACTIVITIES.—An eligible entity that receives a grant under this section shall use such funds to carry out the following activities:
(A) Supporting Native American or Alaska Native lan- guage education and development.
(B) Providing professional development for teachers and, as appropriate, staff and administrators to strengthen the overall language and academic goals of the school that will be served by the grant program.
(2) ALLOWABLE ACTIVITIES.—An eligible entity that re-
ceives a grant under this section may use such funds to carry out the following activities:
(A) Developing or refining curriculum, including teach- ing materials and activities, as appropriate.
(B) Creating or refining assessments written in the Native American or Alaska Native language of instruction that measure student proficiency and that are aligned with State or tribal academic standards.
(C) Carrying out other activities that promote the maintenance and revitalization of the Native American or Alaska Native language relevant to the grant program.
(f) REPORT TO SECRETARY.—Each eligible entity that receives a grant under this section shall prepare and submit an annual report to the Secretary, which shall include—
(1) the activities the entity carried out to meet the pur- poses of this section; and
(2) the number of children served by the program and the number of instructional hours in the Native American or Alas- ka Native language.
(g) ADMINISTRATIVE COSTS.—Not more than 5 percent of the
funds provided to a grantee under this section for any fiscal year may be used for administrative purposes.
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Subpart 4—Federal Administration
SEC. 6141. ø20 U.S.C. 7471¿ NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
(a) MEMBERSHIP.—There is established a National Advisory Council on Indian Education (hereafter in this section referred to as the ‘‘Council’’), which shall—
(1) consist of 15 Indian members, who shall be appointed by the President from lists of nominees furnished, from time to time, by Indian tribes and organizations; and
(2) represent different geographic areas of the United States.
(b) DUTIES.—The Council shall—
(1) advise the Secretary and the Secretary of the Interior
concerning the funding and administration (including the de- velopment of regulations and administrative policies and prac- tices) of any program, including any program established under this part—
(A) with respect to which the Secretary has jurisdic- tion; and
(B)(i) that includes Indian children or adults as par- ticipants; or
(ii) that may benefit Indian children or adults;
(2) make recommendations to the Secretary for filling the position of Director of Indian Education whenever a vacancy
occurs; and
(3) submit to Congress, not later than June 30 of each
year, a report on the activities of the Council, including—
(A) any recommendations that the Council considers appropriate for the improvement of Federal education pro- grams that include Indian children or adults as partici- pants, or that may benefit Indian children or adults; and (B) recommendations concerning the funding of any
program described in subparagraph (A).
SEC. 6142. ø20 U.S.C. 7472¿ PEER REVIEW.
The Secretary may use a peer review process to review applica-
tions submitted to the Secretary under subpart 2 or subpart 3.
SEC. 6143. ø20 U.S.C. 7473¿ PREFERENCE FOR INDIAN APPLICANTS.
In making grants and entering into contracts or cooperative agreements under subpart 2 or subpart 3, the Secretary shall give a preference to Indian tribes, organizations, and institutions of higher education under any program with respect to which Indian tribes, organizations, and institutions are eligible to apply for
grants, contracts, or cooperative agreements.
SEC. 6144. ø20 U.S.C. 7474¿ MINIMUM GRANT CRITERIA.
The Secretary may not approve an application for a grant, con-
tract, or cooperative agreement under subpart 2 or subpart 3 un- less the application is for a grant, contract, or cooperative agree- ment that is—
(1) of sufficient size, scope, and quality to achieve the pur- pose or objectives of such grant, contract, or cooperative agree- ment; and
(2) based on relevant research findings.
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325 ESEA OF 1965 Sec. 6201
Subpart 5—Definitions; Authorizations of Appropriations
SEC. 6151. ø20 U.S.C. 7491¿ DEFINITIONS. For the purposes of this part:
(1) ADULT.—The term ‘‘adult’’ means an individual who— (A) has attained the age of 16 years; or
(B) has attained an age that is greater than the age
of compulsory school attendance under an applicable State law.
(2) FREE PUBLIC EDUCATION.—The term ‘‘free public edu-
cation’’ means education that is—
(A) provided at public expense, under public super-
vision and direction, and without tuition charge; and
(B) provided as elementary or secondary education in
the applicable State or to preschool children.
(3) INDIAN.—The term ‘‘Indian’’ means an individual who is—
(A) a member of an Indian tribe or band, as member- ship is defined by the tribe or band, including—
(i) any tribe or band terminated since 1940; and
(ii) any tribe or band recognized by the State in which the tribe or band resides;
(B) a descendant, in the first or second degree, of an
individual described in subparagraph (A);
(C) considered by the Secretary of the Interior to be an
Indian for any purpose;
(D) an Eskimo, Aleut, or other Alaska Native; or
(E) a member of an organized Indian group that re-
ceived a grant under the Indian Education Act of 1988 as in effect the day preceding the date of enactment of the Improving America’s Schools Act of 1994.
(4) TRADITIONAL LEADERS.—The term ‘‘traditional leaders’’
has the meaning given the term in section 103 of the Native American Languages Act (25 U.S.C. 2902).
SEC. 6152. ø20 U.S.C. 7492¿ AUTHORIZATIONS OF APPROPRIATIONS.
(a) SUBPART 1.—For the purpose of carrying out subpart 1, there are authorized to be appropriated $100,381,000 for fiscal year 2017, $102,388,620 for fiscal year 2018, $104,436,392 for fiscal year
2019, and $106,525,120 for fiscal year 2020.
(b) SUBPART 2.—For the purpose of carrying out subpart 2,
there are authorized to be appropriated $17,993,000 for each of fis- cal years 2017 through 2020.
(c) SUBPART 3.—For the purpose of carrying out subpart 3, there are authorized to be appropriated $5,565,000 for each of fis- cal years 2017 through 2020.
PART B—NATIVE HAWAIIAN EDUCATION
SEC. 6201. ø20 U.S.C. 7511¿ SHORT TITLE.
This part may be cited as the ‘‘Native Hawaiian Education
Act’’.
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Sec. 6202 ESEA OF 1965 326
SEC. 6202. ø20 U.S.C. 7512¿ FINDINGS. Congress finds the following:
(1) Native Hawaiians are a distinct and unique indigenous people with a historical continuity to the original inhabitants of the Hawaiian archipelago, whose society was organized as a nation and internationally recognized as a nation by the United States, Britain, France, and Japan, as evidenced by treaties governing friendship, commerce, and navigation.
(2) At the time of the arrival of the first nonindigenous people in Hawaii in 1778, the Native Hawaiian people lived in a highly organized, self-sufficient subsistence social system based on a communal land tenure system with a sophisticated language, culture, and religion.
(3) A unified monarchal government of the Hawaiian Is- lands was established in 1810 under Kamehameha I, the first King of Hawaii.
(4) From 1826 until 1893, the United States recognized the sovereignty and independence of the Kingdom of Hawaii, which was established in 1810 under Kamehameha I, extended full and complete diplomatic recognition to the Kingdom of Hawaii, and entered into treaties and conventions with the Kingdom of Hawaii to govern friendship, commerce and navigation in 1826, 1842, 1849, 1875, and 1887.
(5) In 1893, the sovereign, independent, internationally recognized, and indigenous government of Hawaii, the King- dom of Hawaii, was overthrown by a small group of non-Ha- waiians, including United States citizens, who were assisted in their efforts by the United States Minister, a United States naval representative, and armed naval forces of the United States. Because of the participation of United States agents and citizens in the overthrow of the Kingdom of Hawaii, in 1993 the United States apologized to Native Hawaiians for the overthrow and the deprivation of the rights of Native Hawai- ians to self-determination through Public Law 103–150 (107 Stat. 1510).
(6) In 1898, the joint resolution entitled ‘‘Joint Resolution to provide for annexing the Hawaiian Islands to the United States’’, approved July 7, 1898 (30 Stat. 750), ceded absolute title of all lands held by the Republic of Hawaii, including the government and crown lands of the former Kingdom of Hawaii, to the United States, but mandated that revenue generated from the lands be used ‘‘solely for the benefit of the inhabitants of the Hawaiian Islands for educational and other public pur- poses’’.
(7) By 1919, the Native Hawaiian population had declined from an estimated 1,000,000 in 1778 to an alarming 22,600, and in recognition of this severe decline, Congress enacted the Hawaiian Homes Commission Act, 1920 (42 Stat. 108), which designated approximately 200,000 acres of ceded public lands for homesteading by Native Hawaiians.
(8) Through the enactment of the Hawaiian Homes Com- mission Act, 1920, Congress affirmed the special relationship between the United States and the Native Hawaiians, which was described by then Secretary of the Interior Franklin K.
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327 ESEA OF 1965 Sec. 6202
Lane, who said: ‘‘One thing that impressed me… was the fact that the natives of the island who are our wards, I should say, and for whom in a sense we are trustees, are falling off rapidly in numbers and many of them are in poverty.’’.
(9) In 1938, Congress again acknowledged the unique sta- tus of the Hawaiian people by including in the Act of June 20, 1938 (52 Stat. 781, chapter 530; 16 U.S.C. 391b, 391b–1, 392b, 392c, 396, 396a), a provision to lease lands within the National Parks extension to Native Hawaiians and to permit fishing in the area ‘‘only by native Hawaiian residents of said area or of adjacent villages and by visitors under their guidance.’’.
(10) Under the Act entitled ‘‘An Act to provide for the ad- mission of the State of Hawaii into the Union’’, approved March 18, 1959 (73 Stat. 4), the United States transferred re- sponsibility for the administration of the Hawaiian Home Lands to the State of Hawaii but reaffirmed the trust relation- ship between the United States and the Hawaiian people by retaining the exclusive power to enforce the trust, including the power to approve land exchanges and amendments to such Act affecting the rights of beneficiaries under such Act.
(11) In 1959, under the Act entitled ‘‘An Act to provide for the admission of the State of Hawaii into the Union’’, the United States also ceded to the State of Hawaii title to the public lands formerly held by the United States, but mandated that such lands be held by the State ‘‘in public trust’’ and re- affirmed the special relationship that existed between the United States and the Hawaiian people by retaining the legal responsibility to enforce the public trust responsibility of the State of Hawaii for the betterment of the conditions of Native Hawaiians, as defined in section 201(a) of the Hawaiian Homes Commission Act, 1920.
(12) The United States has recognized and reaffirmed that—
(A) Native Hawaiians have a cultural, historic, and land-based link to the indigenous people who exercised sovereignty over the Hawaiian Islands, and that group has never relinquished its claims to sovereignty or its sov- ereign lands;
(B) Congress does not extend services to Native Ha- waiians because of their race, but because of their unique status as the indigenous people of a once sovereign nation as to whom the United States has established a trust rela- tionship;
(C) Congress has also delegated broad authority to ad- minister a portion of the Federal trust responsibility to the State of Hawaii;
(D) the political status of Native Hawaiians is com- parable to that of American Indians and Alaska Natives; and
(E) the aboriginal, indigenous people of the United States have—
(i) a continuing right to autonomy in their inter- nal affairs; and
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Sec. 6203 ESEA OF 1965 328
(ii) an ongoing right of self-determination and self- governance that has never been extinguished.
(13) The political relationship between the United States and the Native Hawaiian people has been recognized and re- affirmed by the United States, as evidenced by the inclusion of Native Hawaiians in—
(A) the Native American Programs Act of 1974 (42 U.S.C. 2991 et seq.);
(B) the American Indian Religious Freedom Act (42 U.S.C. 1996);
(C) the National Museum of the American Indian Act (20 U.S.C. 80q et seq.);
(D) the Native American Graves Protection and Repa- triation Act (25 U.S.C. 3001 et seq.);
(E) division A of subtitle III of title 54, United States Code;
(F) the Native American Languages Act (25 U.S.C. 2901 et seq.);
(G) the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4401 et seq.);
(H) the Workforce Innovation and Opportunity Act; and
(I) the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.).
SEC. 6203. ø20 U.S.C. 7513¿ PURPOSES. The purposes of this part are to—
(1) authorize and develop innovative educational programs to assist Native Hawaiians;
(2) provide direction and guidance to appropriate Federal, State, and local agencies to focus resources, including resources made available under this part, on Native Hawaiian education, and to provide periodic assessment and data collection;
(3) supplement and expand programs and authorities in the area of education to further the purposes of this title; and (4) encourage the maximum participation of Native Hawai- ians in planning and management of Native Hawaiian edu-
cation programs.
SEC. 6204. ø20 U.S.C. 7514¿ NATIVE HAWAIIAN EDUCATION COUNCIL.
(a) GRANT AUTHORIZED.—In order to better effectuate the pur- poses of this part through the coordination of educational and re- lated services and programs available to Native Hawaiians, includ- ing those programs that receive funding under this part, the Sec- retary shall award a grant to the education council described under
subsection (b).
(b) EDUCATION COUNCIL.—
(1) ELIGIBILITY.—To be eligible to receive the grant under subsection (a), the council shall be an education council (re- ferred to in this section as the ‘‘Education Council’’) that meets the requirements of this subsection.
(2) COMPOSITION.—The Education Council shall consist of 15 members, of whom—
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329 ESEA OF 1965 Sec. 6204
(A) 1 shall be the President of the University of Ha- waii (or a designee);
(B) 1 shall be the Governor of the State of Hawaii (or a designee);
(C) 1 shall be the Superintendent of the State of Ha- waii Department of Education (or a designee);
(D) 1 shall be the chairperson of the Office of Hawai- ian Affairs (or a designee);
(E) 1 shall be the executive director of Hawaii’s Char- ter School Network (or a designee);
(F) 1 shall be the chief executive officer of the Kame- hameha Schools (or a designee);
(G) 1 shall be the Chief Executive Officer of the Queen Liliuokalani Trust (or a designee);
(H) 1 shall be appointed by the Secretary, in a timely manner, and chosen from a list of 5 individuals who rep- resent one or more private grant-making entities that is submitted to the Secretary by the Education Council;
(I) 1 shall be the Mayor of the County of Hawaii (or a designee);
(J) 1 shall be the Mayor of Maui County (or a designee from the Island of Maui);
(K) 1 shall be the Mayor of the County of Kauai (or a designee);
(L) 1 shall be appointed by the Secretary, in a timely manner, and chosen from a list of 5 individuals who are from the Island of Molokai or the Island of Lanai that is submitted to the Secretary by the Mayor of Maui County;
(M) 1 shall be the Mayor of the City and County of Honolulu (or a designee);
(N) 1 shall be the chairperson of the Hawaiian Homes Commission (or a designee); and
(O) 1 shall be the chairperson of the Hawaii Workforce Development Council (or a designee representing the pri- vate sector).
(3) REQUIREMENTS.—Any designee serving on the Edu-
cation Council shall demonstrate, as determined by the indi- vidual who appointed such designee with input from the Na- tive Hawaiian community, not less than 5 years of experience as a consumer or provider of Native Hawaiian educational or cultural activities, with traditional cultural experience given due consideration.
(4) LIMITATION.—A member (including a designee), while serving on the Education Council, shall not be a direct recipi- ent or administrator of grant funds that are awarded under this part.
(5) TERM OF MEMBERS.—A member who is a designee shall serve for a term of not more than 4 years.
(6) CHAIR; VICE CHAIR.—
(A) SELECTION.—The Education Council shall select a
Chairperson and a Vice Chairperson from among the mem- bers of the Education Council.
(B) TERM LIMITS.—The Chairperson and Vice Chair- person shall each serve for a 2-year term.
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Sec. 6204 ESEA OF 1965 330
(7) ADMINISTRATIVE PROVISIONS RELATING TO EDUCATION COUNCIL.—The Education Council shall meet at the call of the Chairperson of the Council, or upon request by a majority of the members of the Education Council, but in any event not less often than every 120 days.
(8) NO COMPENSATION.—None of the funds made available through the grant may be used to provide compensation to any member of the Education Council or member of a working group established by the Education Council, for functions de- scribed in this section.
(c) USE OF FUNDS FOR COORDINATION ACTIVITIES.—The Edu-
cation Council shall use funds made available through a grant under subsection (a) to carry out each of the following activities:
(1) Providing advice about the coordination of, and serving as a clearinghouse for, the educational and related services and programs available to Native Hawaiians, including the pro- grams assisted under this part.
(2) Assessing the extent to which such services and pro- grams meet the needs of Native Hawaiians, and collecting data on the status of Native Hawaiian education.
(3) Providing direction and guidance, through the issuance of reports and recommendations, to appropriate Federal, State, and local agencies in order to focus and improve the use of re- sources, including resources made available under this part, re- lating to Native Hawaiian education, and serving, where ap- propriate, in an advisory capacity.
(4) Awarding grants, if such grants enable the Education Council to carry out the activities described in paragraphs (1) through (3).
(5) Hiring an executive director, who shall assist in exe- cuting the duties and powers of the Education Council, as de- scribed in subsection (d).
(d) USE OF FUNDS FOR TECHNICAL ASSISTANCE.—The Edu-
cation Council shall use funds made available through a grant under subsection (a) to—
(1) provide technical assistance to Native Hawaiian organi- zations that are grantees or potential grantees under this part; (2) obtain from such grantees information and data regard- ing grants awarded under this part, including information and
data about—
(A) the effectiveness of such grantees in meeting the
educational priorities established by the Education Coun- cil, as described in paragraph (6)(D), using metrics related to these priorities; and
(B) the effectiveness of such grantees in carrying out any of the activities described in paragraph (3) of section 6205(a) that are related to the specific goals and purposes of each grantee’s grant project, using metrics related to these goals and purposes;
(3) assess and define the educational needs of Native Ha-
waiians;
(4) assess the programs and services available to address
the educational needs of Native Hawaiians;
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331 ESEA OF 1965 Sec. 6205
(5) assess and evaluate the individual and aggregate im- pact achieved by grantees under this part in improving Native Hawaiian educational performance and meeting the goals of this part, using metrics related to these goals; and
(6) prepare and submit to the Secretary, at the end of each calendar year, an annual report that contains—
(A) a description of the activities of the Education Council during the calendar year;
(B) a description of significant barriers to achieving the goals of this part;
(C) a summary of each community consultation session described in subsection (e); and
(D) recommendations to establish priorities for funding under this part, based on an assessment of—
(i) the educational needs of Native Hawaiians;
(ii) programs and services available to address such needs;
(iii) the effectiveness of programs in improving the educational performance of Native Hawaiian students to help such students meet challenging State academic standards under section 1111(b)(1); and
(iv) priorities for funding in specific geographic communities.
(e) USE OF FUNDS FOR COMMUNITY CONSULTATIONS.—The Edu- cation Council shall use funds made available through the grant under subsection (a) to hold not less than 1 community consulta- tion each year on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai, at which—
(1) not fewer than 3 members of the Education Council shall be in attendance;
(2) the Education Council shall gather community input regarding—
(A) current grantees under this part, as of the date of the consultation;
(B) priorities and needs of Native Hawaiians; and
(C) other Native Hawaiian education issues; and
(3) the Education Council shall report to the community on the outcomes of the activities supported by grants awarded
under this part.
(f) FUNDING.—For each fiscal year, the Secretary shall use the amount described in section 6205(c)(2), to make a payment under the grant. Funds made available through the grant shall remain available until expended.
SEC. 6205. ø20 U.S.C. 7515¿ PROGRAM AUTHORIZED. (a) GENERAL AUTHORITY.—
(1) GRANTS AND CONTRACTS.—The Secretary is authorized to make direct grants to, or enter into contracts with—
(A) Native Hawaiian educational organizations;
(B) Native Hawaiian community-based organizations; (C) public and private nonprofit organizations, agen-
cies, and institutions with experience in developing or op- erating Native Hawaiian programs or programs of instruc- tion in the Native Hawaiian language;
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Sec. 6205 ESEA OF 1965 332
(D) charter schools; and
(E) consortia of the organizations, agencies, and insti- tutions described in subparagraphs (A) through (C),
to carry out programs that meet the purposes of this part.
(2) PRIORITIES.—In awarding grants or contracts to carry out activities described in paragraph (3), the Secretary shall give priority to entities proposing projects that are designed to
address—
(A) beginning reading and literacy among students in
kindergarten through third grade;
(B) the needs of at-risk children and youth;
(C) needs in fields or disciplines in which Native Ha-
waiians are underemployed; and
(D) the use of the Hawaiian language in instruction.
(3) AUTHORIZED ACTIVITIES.—Activities provided through programs carried out under this part may include—
(A) the development and maintenance of a statewide Native Hawaiian early education and care system to pro- vide a continuum of services for Native Hawaiian children from the prenatal period of the children through age 5;
(B) the operation of family-based education centers that provide such services as—
(i) programs for Native Hawaiian parents and their infants from the prenatal period of the infants through age 3;
(ii) preschool programs for Native Hawaiians; and
(iii) research on, and development and assessment of, family-based, early childhood, and preschool pro- grams for Native Hawaiians;
(C) activities that enhance beginning reading and lit-
eracy in either the Hawaiian or the English language among Native Hawaiian students in kindergarten through grade 3 and assistance in addressing the distinct features of combined English and Hawaiian literacy for Hawaiian speakers in grades 5 and 6;
(D) activities to meet the special needs of Native Ha- waiian students with disabilities, including—
(i) the identification of such students and their needs;
(ii) the provision of support services to the fami- lies of such students; and
(iii) other activities consistent with the require- ments of the Individuals with Disabilities Education Act;
(E) activities that address the special needs of Native
Hawaiian students who are gifted and talented, includ- ing—
(i) educational, psychological, and developmental activities designed to assist in the educational progress of those students; and
(ii) activities that involve the parents of those stu- dents in a manner designed to assist in the edu- cational progress of such students;
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333 ESEA OF 1965 Sec. 6205
(F) the development of academic and vocational cur- ricula to address the needs of Native Hawaiian children and adults, including curriculum materials in the Hawai- ian language and mathematics and science curricula that incorporate Native Hawaiian tradition and culture;
(G) professional development activities for educators, including—
(i) the development of programs to prepare pro- spective teachers to address the unique needs of Na- tive Hawaiian students within the context of Native Hawaiian culture, language, and traditions;
(ii) in-service programs to improve the ability of teachers who teach in schools with high concentrations of Native Hawaiian students to meet the unique needs of such students; and
(iii) the recruitment and preparation of Native Hawaiians, and other individuals who live in commu- nities with a high concentration of Native Hawaiians, to become teachers;
(H) the operation of community-based learning centers that address the needs of Native Hawaiian students, par- ents, families, and communities through the coordination of public and private programs and services, including—
(i) early childhood education programs;
(ii) before, after, and summer school programs, ex- panded learning time, or weekend academies;
(iii) career and technical education programs; and
(iv) programs that recognize and support the unique cultural and educational needs of Native Ha- waiian children, and incorporate appropriately quali- fied Native Hawaiian elders and seniors;
(I) activities, including program co-location, to enable
Native Hawaiians to enter and complete programs of post- secondary education, including—
(i) family literacy services; and
(ii) counseling, guidance, and support services for students;
(J) research and data collection activities to determine the educational status and needs of Native Hawaiian chil- dren and adults;
(K) other research and evaluation activities related to programs carried out under this part; and
(L) other activities, consistent with the purposes of this part, to meet the educational needs of Native Hawai- ian children and adults.
(b) ADMINISTRATIVE COSTS.—Not more than 5 percent of funds provided to a recipient of a grant or contract under subsection (a) for any fiscal year may be used for administrative purposes.
(c) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be appropriated
to carry out this section and section 6204 $32,397,000 for each of fiscal years 2017 through 2020.
(2) RESERVATION.—Of the funds appropriated under this subsection, the Secretary shall reserve $500,000 for each of fis-
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cal years 2017 through 2020 to make a direct grant to the Edu- cation Council to carry out section 6204.
(3) AVAILABILITY.—Funds appropriated under this sub- section shall remain available until expended.
SEC. 6206. ø20 U.S.C. 7516¿ ADMINISTRATIVE PROVISIONS.
(a) APPLICATION REQUIRED.—No grant may be made under this part, and no contract may be entered into under this part, unless the entity seeking the grant or contract submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine to be necessary to
carry out the provisions of this part.
(b) SPECIAL RULE.—Each applicant for a grant or contract
under this part shall submit the application for comment to the local educational agency serving students who will participate in the program to be carried out under the grant or contract, and in- clude those comments, if any, with the application to the Secretary.
SEC. 6207. ø20 U.S.C. 7517¿ DEFINITIONS. In this part:
(1) COMMUNITY CONSULTATION.—The term ‘‘community consultation’’ means a public gathering—
(A) to discuss Native Hawaiian education concerns; and
(B) about which the public has been given not less than 30 days notice.
(2) NATIVE HAWAIIAN.—The term ‘‘Native Hawaiian’’
means any individual who is—
(A) a citizen of the United States; and
(B) a descendant of the aboriginal people who, prior to
1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii, as evidenced by—
(i) genealogical records;
(ii) Kupuna (elders) or Kamaaina (long-term com- munity residents) verification; or
(iii) certified birth records.
(3) NATIVE HAWAIIAN COMMUNITY-BASED ORGANIZATION.—
The term ‘‘Native Hawaiian community-based organization’’ means any organization that is composed primarily of Native Hawaiians from a specific community and that assists in the social, cultural, and educational development of Native Hawai- ians in that community.
(4) NATIVE HAWAIIAN EDUCATIONAL ORGANIZATION.—The term ‘‘Native Hawaiian educational organization’’ means a pri- vate nonprofit organization that—
(A) serves the interests of Native Hawaiians;
(B) has Native Hawaiians in substantive and policy- making positions within the organization;
(C) incorporates Native Hawaiian perspective, values, language, culture, and traditions into the core function of the organization;
(D) has demonstrated expertise in the education of Na- tive Hawaiian youth; and
(E) has demonstrated expertise in research and pro- gram development.
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335 ESEA OF 1965 Sec. 6302
(5) NATIVE HAWAIIAN LANGUAGE.—The term ‘‘Native Ha- waiian language’’ means the single Native American language indigenous to the original inhabitants of the State of Hawaii.
(6) NATIVE HAWAIIAN ORGANIZATION.—The term ‘‘Native Hawaiian organization’’ means a private nonprofit organization that—
(A) serves the interests of Native Hawaiians;
(B) has Native Hawaiians in substantive and policy- making positions within the organization; and
(C) is recognized by the Governor of Hawaii for the purpose of planning, conducting, or administering pro- grams (or portions of programs) for the benefit of Native Hawaiians.
(7) OFFICE OF HAWAIIAN AFFAIRS.—The term ‘‘Office of Ha-
waiian Affairs’’ means the Office of Hawaiian Affairs estab- lished by the Constitution of the State of Hawaii.
PART C—ALASKA NATIVE EDUCATION
SEC. 6301. ø20 U.S.C. 7541¿ SHORT TITLE.
This part may be cited as the ‘‘Alaska Native Educational Eq-
uity, Support, and Assistance Act’’.
SEC. 6302. ø20 U.S.C. 7542¿ FINDINGS.
Congress finds and declares the following:
(1) It is the policy of the Federal Government to maximize the leadership of and participation by Alaska Natives in the planning and the management of Alaska Native education pro- grams and to support efforts developed by and undertaken within the Alaska Native community to improve educational opportunity for all students.
(2) Many Alaska Native children enter and exit school with serious educational disadvantages.
(3) Overcoming the magnitude of the geographic chal- lenges, historical inequities, and other barriers to successfully improving educational outcomes for Alaska Native students in rural, village, and urban settings is challenging. Significant disparities between academic achievement of Alaska Native students and non-Native students continue, including lower graduation rates, increased school dropout rates, and lower achievement scores on standardized tests.
(4) The preservation of Alaska Native cultures and lan- guages and the integration of Alaska Native cultures and lan- guages into education, positive identity development for Alaska Native students, and local, place-based, and culture-based pro- gramming are critical to the attainment of educational success and the long-term well-being of Alaska Native students.
(5) Improving educational outcomes for Alaska Native stu- dents increases access to employment opportunities.
(6) The Federal Government should lend support to efforts developed by and undertaken within the Alaska Native com- munity to improve educational opportunity for Alaska Native students. In 1983, pursuant to Public Law 98–63, Alaska ceased to receive educational funding from the Bureau of In-
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Sec. 6303 ESEA OF 1965 336
dian Affairs. The Bureau of Indian Education does not operate any schools in Alaska, nor operate or fund Alaska Native edu- cation programs. The program under this part supports the Federal trust responsibility of the United States to Alaska Na- tives.
SEC. 6303. ø20 U.S.C. 7543¿ PURPOSES.
The purposes of this part are as follows:
(1) To recognize and address the unique educational needs of Alaska Natives.
(2) To recognize the role of Alaska Native languages and cultures in the educational success and long-term well-being of Alaska Native students.
(3) To integrate Alaska Native cultures and languages into education, develop Alaska Native students’ positive identity, and support local place-based and culture-based curriculum and programming.
(4) To authorize the development, management, and ex- pansion of effective supplemental educational programs to ben- efit Alaska Natives.
(5) To provide direction and guidance to appropriate Fed- eral, State and local agencies to focus resources, including re- sources made available under this part, on meeting the edu- cational needs of Alaska Natives.
(6) To ensure the maximum participation by Alaska Native educators and leaders in the planning, development, imple- mentation, management, and evaluation of programs designed to serve Alaska Native students.
SEC. 6304. ø20 U.S.C. 7544¿ PROGRAM AUTHORIZED. (a) GENERAL AUTHORITY.—
(1) GRANTS AND CONTRACTS.—The Secretary is authorized to make grants to, or enter into contracts with—
(A) Alaska Native organizations with experience oper- ating programs that fulfill the purposes of this part;
(B) Alaska Native organizations that do not have the experience described in subparagraph (A) but are in part- nership with—
(i) a State educational agency or a local edu- cational agency; or
(ii) an Alaska Native organization that operates a program that fulfills the purposes of this part;
(C) an entity located in Alaska, and predominately
governed by Alaska Natives, that does not meet the defini- tion of an Alaska Native organization under this part but—
(i) has experience operating programs that fulfill the purposes of this part; and
(ii) is granted an official charter or sanction, as described in the definition of a tribal organization under section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), from at least one Alaska Native tribe or Alaska Native organi- zation to carry out programs that meet the purposes of this part.
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337 ESEA OF 1965 Sec. 6304
(2) MANDATORY ACTIVITIES.—Activities provided through the programs carried out under this part shall include the fol- lowing:
(A) The development and implementation of plans, methods, strategies, and activities to improve the edu- cational outcomes of Alaska Natives.
(B) The collection of data to assist in the evaluation of the programs carried out under this part.
(3) PERMISSIBLE ACTIVITIES.—Activities provided through
programs carried out under this part may include the fol- lowing:
(A) The development of curricula and programs that address the educational needs of Alaska Native students, including the following:
(i) Curriculum materials that are culturally in- formed and reflect the cultural diversity, languages, history, or the contributions of Alaska Native people, including curricula intended to preserve and promote Alaska Native culture.
(ii) Instructional programs that make use of Alas- ka Native languages and cultures.
(iii) Networks that develop, test, and disseminate best practices and introduce successful programs, ma- terials, and techniques to meet the educational needs of Alaska Native students in urban and rural schools. (B) Training and professional development activities
for educators, including the following:
(i) Pre-service and in-service training and profes-
sional development programs to prepare teachers to develop appreciation for, and understanding of, Alaska Native history, cultures, values, and ways of knowing and learning in order to effectively address the cul- tural diversity and unique needs of Alaska Native stu- dents and improve the teaching methods of educators.
(ii) Recruitment and preparation of Alaska Native teachers.
(iii) Programs that will lead to the certification and licensing of Alaska Native teachers, principals, other school leaders, and superintendents.
(C) Early childhood and parenting education activities
designed to improve the school readiness of Alaska Native children, including—
(i) the development and operation of home visiting programs for Alaska Native preschool children, to en- sure the active involvement of parents in their chil- dren’s education from the earliest ages;
(ii) training, education, and support, including in- home visitation, for parents and caregivers of Alaska Native children to improve parenting and caregiving skills (including skills relating to discipline and cog- nitive development, reading readiness, observation, storytelling, and critical thinking);
(iii) family literacy services;
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Sec. 6304
ESEA OF 1965 338
(iv) activities carried out under the Head Start Act (42 U.S.C. 9831 et seq.);
(v) programs for parents and their infants, from the prenatal period of the infant through age 3;
(vi) early childhood education programs; and
(vii) native language immersion within early childhood education programs, Head Start, or pre- school programs.
(D) The development and operation of student enrich-
ment programs, including programs in science, technology, engineering, and mathematics that—
(i) are designed to prepare Alaska Native students to excel in such subjects;
(ii) provide appropriate support services to enable such students to benefit from the programs; and
(iii) include activities that recognize and support the unique cultural and educational needs of Alaska Native children and incorporate appropriately quali- fied Alaska Native elders and other tradition bearers. (E) Research and data collection activities to deter-
mine the educational status and needs of Alaska Native children and adults and other such research and evalua- tion activities related to programs funded under this part.
(F) Activities designed to enable Alaska Native stu- dents served under this part to meet the challenging State academic standards or increase the graduation rates of Alaska Native students, such as—
(i) remedial and enrichment programs;
(ii) culturally based education programs, such as— (I) programs of study and other instruction in Alaska Native history and ways of living to share the rich and diverse cultures of Alaska Natives among Alaska Native youth and elders, non-Na- tive students and teachers, and the larger commu-
nity;
(II) instructing Alaska Native youth in leader-
ship, communication, and Alaska Native culture, arts, history, and languages;
(III) intergenerational learning and internship opportunities to Alaska Native youth and young adults;
(IV) providing cultural immersion activities aimed at Alaska Native cultural preservation;
(V) native language instruction and immer- sion activities, including native language immer- sion nests or schools;
(VI) school-within-a-school model programs; and
(VII) preparation for postsecondary education and career planning; and
(iii) comprehensive school or community-based
support services, including services that—
(I) address family instability and trauma; and
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339 ESEA OF 1965 Sec. 6306
(II) improve conditions for learning at home, in the community, and at school.
(G) Student and teacher exchange programs, cross-cul- tural immersion programs, and culture camps designed to build mutual respect and understanding among partici- pants.
(H) Education programs for at-risk urban Alaska Na- tive students that are designed to improve academic pro- ficiency and graduation rates, use strategies otherwise per- missible under this part, and incorporate a strong data col- lection and continuous evaluation component.
(I) Strategies designed to increase the involvement of parents in their children’s education.
(J) Programs and strategies that increase connections between and among schools, families, and communities, in- cluding positive youth-adult relationships, to—
(i) promote the academic progress and positive de- velopment of Alaska Native children and youth; and
(ii) improve conditions for learning at home, in the community, and at school.
(K) Career preparation activities to enable Alaska Na-
tive children and adults to prepare for meaningful employ- ment, including programs providing mentoring, training, and apprenticeship activities.
(L) Support for the development and operational ac- tivities of regional vocational schools in rural areas of Alaska to provide students with necessary resources to prepare for skilled employment opportunities.
(M) Regional leadership academies that demonstrate effectiveness in building respect and understanding, and fostering a sense of Alaska Native identity in Alaska Na- tive students to promote their pursuit of and success in completing higher education or career training.
(N) Other activities, consistent with the purposes of this part, to meet the educational needs of Alaska Native children and adults.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section $31,453,000 for each of fiscal years 2017 through 2020.
SEC. 6305. ø20 U.S.C. 7545¿ ADMINISTRATIVE PROVISIONS.
Not more than 5 percent of funds provided to an award recipi- ent under this part for any fiscal year may be used for administra-
tive purposes.
SEC. 6306. ø20 U.S.C. 7546¿ DEFINITIONS. In this part:
(1) ALASKA NATIVE.—The term ‘‘Alaska Native’’ has the same meaning as the term ‘‘Native’’ has in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)) and includes the descendants of individuals so defined.
(2) ALASKA NATIVE ORGANIZATION.—The term ‘‘Alaska Na- tive organization’’ means an organization that has or commits to acquire expertise in the education of Alaska Natives and is—
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Sec. 7001
ESEA OF 1965 340
(A) an Indian tribe, as defined in section 4 of the In- dian Self-Determination and Education Assistance Act (25 U.S.C. 450b), that is an Indian tribe located in Alaska;
(B) a ‘‘tribal organization’’, as defined in section 4 of such Act (25 U.S.C. 450b), that is a tribal organization lo- cated in Alaska; or
(C) an organization listed in clauses (i) through (xii) of section 419(4)(B) of the Social Security Act (42 U.S.C. 619(4)(B)(i) through (xii)), or the successor of an entity so listed.
TITLE VII—IMPACT AID
February 1, 2023
SEC. 7001. ø20 U.S.C. 7701¿ PURPOSE.
In order to fulfill the Federal responsibility to assist with the
provision of educational services to federally connected children in a manner that promotes control by local educational agencies with little or no Federal or State involvement, because certain activities of the Federal Government, such as activities to fulfill the respon- sibilities of the Federal Government with respect to Indian tribes and activities under section 511 of the Servicemembers Civil Relief Act, place a financial burden on the local educational agencies serv- ing areas where such activities are carried out, and to help such children meet the same challenging State academic standards, it is the purpose of this title to provide financial assistance to local edu- cational agencies that—
(1) experience a substantial and continuing financial bur- den due to the acquisition of real property by the United States;
(2) educate children who reside on Federal property and whose parents are employed on Federal property;
(3) educate children of parents who are in the military services and children who live in low-rent housing;
(4) educate heavy concentrations of children whose parents are civilian employees of the Federal Government and do not reside on Federal property; or
(5) need special assistance with capital expenditures for construction activities because of the enrollments of substan- tial numbers of children who reside on Federal lands and be- cause of the difficulty of raising local revenue through bond referendums for capital projects due to the inability to tax Fed- eral property.
SEC. 7002. ø20 U.S.C. 7702¿ PAYMENTS RELATING TO FEDERAL ACQUI- SITION OF REAL PROPERTY.
(a) IN GENERAL.—Where the Secretary, after consultation with any local educational agency and with the appropriate State edu- cational agency, determines—
(1) that the United States owns Federal property in the local educational agency, and that such property—
(A) has been acquired by the United States since 1938;
(B) was not acquired by exchange for other Federal property in the local educational agency which the United States owned before 1939; and
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341 ESEA OF 1965 Sec. 7002
(C) had an assessed value according to original records (including facsimiles or other reproductions of those records) documenting the assessed value of such property (determined as of the time or times when so acquired) pre- pared by the local officials referred to in subsection (b)(3) or, when such original records are not available due to un- intentional destruction (such as natural disaster, fire, flooding, pest infestation, or deterioration due to age), other records, including Federal agency records, local his- torical records, or other records that the Secretary deter- mines to be appropriate and reliable, aggregating 10 per- cent or more of the assessed value of—
(i) all real property in the local educational agency (similarly determined as of the time or times when such Federal property was so acquired); or
(ii) all real property in the local educational agen- cy as assessed in the first year preceding or succeeding acquisition, whichever is greater, only if—
(I) the assessment of all real property in the local educational agency is not made at the same time or times that such Federal property was so acquired and assessed; and
(II) State law requires an assessment be made of property so acquired; and
(2) that such agency is not being substantially com- pensated for the loss in revenue resulting from such ownership by increases in revenue accruing to the agency from the con- duct of Federal activities with respect to such Federal prop- erty,
then such agency shall be eligible to receive the amount described in subsection (b) or (h).
(b) AMOUNT.—
(1) IN GENERAL.—(A)(i)(I) Subject to subclauses (II) and
(III), the amount that a local educational agency shall be paid under subsection (a) for a fiscal year shall be calculated in ac- cordance with paragraph (2).
(II) Except as provided in subclause (III), the Secretary may not reduce the amount of a payment under this section to a local educational agency for a fiscal year by (aa) the amount equal to the amount of revenue, if any, the agency received during the previous fiscal year from activities conducted on Federal property eligible under this section and located in a school district served by the agency, including amounts re- ceived from any Federal department or agency (other than the Department of Education) from such activities, by reason of re- ceipt of such revenue, or (bb) any other amount by reason of receipt of such revenue.
(III) If the amount equal to the sum of (aa) the proposed payment under this section to a local educational agency for a fiscal year and (bb) the amount of revenue described in sub- clause (II)(aa) received by the agency during the previous fiscal year, exceeds the maximum amount the agency is eligible to receive under this section for the fiscal year involved, then the
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Sec. 7002 ESEA OF 1965 342
Secretary shall reduce the amount of the proposed payment under this section by an amount equal to such excess amount. (ii) For purposes of clause (i), the amount of revenue that a local educational agency receives during the previous fiscal year from activities conducted on Federal property shall not in- clude payments received by the agency from the Secretary of
Defense to support—
(I) the operation of a domestic dependent elementary
or secondary school; or
(II) the provision of a free public education to depend-
ents of members of the Armed Forces residing on or near a military installation.
(B) If funds appropriated under section 7014(a) are insuffi-
cient to pay the amount determined under subparagraph (A), the Secretary shall calculate the payment for each eligible local educational agency in accordance with subsection (h).
(C) Notwithstanding any other provision of this subsection, a local educational agency may not be paid an amount under this section that, when added to the amount such agency re- ceives under section 7003(b), exceeds the maximum amount that such agency is eligible to receive for such fiscal year under section 7003(b)(1)(C), or the maximum amount that such agen- cy is eligible to receive for such fiscal year under this section, whichever is greater.
(2) APPLICATION OF CURRENT LEVIED REAL PROPERTY TAX RATE.—In calculating the amount that a local educational agency is eligible to receive for a fiscal year, the Secretary shall apply the current levied real property tax rate for current expenditures levied by fiscally independent local educational agencies, or imputed for fiscally dependent local educational agencies, to the current annually determined estimated taxable value of such acquired Federal property.
(3) DETERMINATION OF TAXABLE VALUE FOR ELIGIBLE FED- ERAL PROPERTY.—
(A) IN GENERAL.—In determining the estimated tax- able value of such acquired Federal property for fiscal year 2010 and each succeeding fiscal year, the Secretary shall—
(i) first determine the total taxable value for the purpose of levying property tax for school purposes for current expenditures of real property located within the boundaries of such local educational agency;
(ii) then determine the per acre value of the eligi- ble Federal property by dividing the total taxable value as determined in clause (i) by the difference be- tween the total acres located within the boundaries of the local educational agency and the number of Fed- eral acres eligible under this section; and
(iii) then determine the total taxable value of the eligible Federal property by multiplying the per acre value as calculated under clause (ii) by the number of Federal acres eligible under this section.
(B) SPECIAL RULE.—In the case of Federal property eli-
gible under this section that is within the boundaries of 2 or more local educational agencies that are eligible under
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343 ESEA OF 1965 Sec. 7002
this section, any of such agencies may ask the Secretary to calculate (and the Secretary shall calculate) the taxable value of the eligible Federal property that is within its boundaries by—
(i) first calculating the per-acre value of the eligi- ble Federal property separately for each eligible local educational agency that shared the Federal property, as provided in subparagraph (A)(ii);
(ii) then averaging the resulting per-acre values of the eligible Federal property from each eligible local educational agency that shares the Federal property; and
(iii) then applying the average per-acre value to determine the total taxable value of the eligible Fed- eral property under subparagraph (A)(iii) for the re- questing local educational agency.
(c) APPLICABILITY TO TENNESSEE VALLEY AUTHORITY ACT.—For the purpose of this section, any real property with respect to which payments are being made under section 13 of the Tennessee Valley Authority Act of 1933 shall not be regarded as Federal property.
(d) OWNERSHIP BY UNITED STATES.—The United States shall be deemed to own Federal property for the purposes of this Act, where—
(1) prior to the transfer of Federal property, the United States owned Federal property meeting the requirements of subparagraphs (A), (B), and (C) of subsection (a)(1); and
(2) the United States transfers a portion of the property referred to in paragraph (1) to another nontaxable entity, and the United States—
(A) restricts some or any construction on such prop- erty;
(B) requires that the property be used in perpetuity for the public purposes for which the property was con- veyed;
(C) requires the grantee of the property to report to the Federal Government (or its agent) regarding informa- tion on the use of the property;
(D) except with the approval of the Federal Govern- ment (or its agent), prohibits the sale, lease, assignment, or other disposal of the property unless such sale, lease, assignment, or other disposal is to another eligible govern- ment agency; and
(E) reserves to the Federal Government a right of re- version at any time the Federal Government (or its agent) deems it necessary for the national defense.
(e) LOCAL EDUCATIONAL AGENCY CONTAINING FOREST SERVICE LAND AND SERVING CERTAIN COUNTIES.—Beginning with fiscal year 1995, a local educational agency shall be deemed to meet the re- quirements of subsection (a)(1)(C) if such local educational agency meets the following requirements:
(1) ACREAGE AND ACQUISITION BY THE FOREST SERVICE.— The local educational agency serves a school district that con- tains between 20,000 and 60,000 acres of land that has been acquired by the Forest Service of the Department of Agri-
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Sec. 7002 ESEA OF 1965 344
culture between 1915 and 1990, as demonstrated by written evidence from the Forest Service satisfactory to the Secretary. (2) COUNTY CHARTER.—The local educational agency serves a county chartered under State law in 1875 or 1890. For each fiscal year beginning on or after the date of enactment of the Every Student Succeeds Act, the Secretary shall treat local educational agencies chartered in 1871 having more than 70 percent of the county in Federal ownership as meeting the eli- gibility requirements of subparagraphs (A) and (C) of sub-
section (a)(1).
(f) SPECIAL RULE.—For each fiscal year beginning on or after the date of enactment of the Every Student Succeeds Act, a local educational agency shall be deemed to meet the requirements of subsection (a)(1)(C) if the agency was eligible under paragraph (1) or (3) of section 7002(f) as such section was in effect on the day be- fore the date of enactment of the Every Student Succeeds Act.
(g) FORMER DISTRICTS.—
(1) CONSOLIDATIONS.—For fiscal year 2006 and each suc-
ceeding fiscal year, if a local educational agency described in paragraph (2) is formed at any time after 1938 by the consoli- dation of 2 or more former school districts, the local edu- cational agency may elect to have the Secretary determine its eligibility for assistance under this section for any fiscal year on the basis of 1 or more of those former districts, as des- ignated by the local educational agency.
(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local edu- cational agency referred to in paragraph (1) is—
(A) any local educational agency that, for fiscal year 1994 or any preceding fiscal year, applied, and was deter- mined to be eligible under, section 2(c) of the Act of Sep- tember 30, 1950 (Public Law 874, 81st Congress) as that section was in effect for that fiscal year; or
(B) a local educational agency—
(i) that was formed by the consolidation of 2 or
more districts, at least 1 of which was eligible for as- sistance under this section for the fiscal year pre- ceding the year of the consolidation; and
(ii) which includes the designation referred to in paragraph (1) in its application under section 7005 for a fiscal year beginning on or after the date of enact- ment of the Every Student Succeeds Act or any timely amendment to such application.
(3) AMOUNT.—A local educational agency eligible under paragraph (1) shall receive a foundation payment as provided for under subparagraphs (A) and (B) of subsection (h)(1), ex- cept that the foundation payment shall be calculated based on the most recent payment received by the local educational agency based on its status prior to consolidation.
(h) PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH IN-
SUFFICIENT FUNDS ARE APPROPRIATED.—For any fiscal year for which the amount appropriated under section 7014(a) is insuffi- cient to pay to each eligible local educational agency the full amount determined under subsection (b), the Secretary shall make
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345 ESEA OF 1965 Sec. 7002
payments to each local educational agency under this section as fol- lows:
(1) FOUNDATION PAYMENTS FOR PRE-2010 RECIPIENTS.—
(A) IN GENERAL.—The Secretary shall first make a foundation payment to each local educational agency that is determined by the Secretary to be eligible to receive a payment under this section for the fiscal year involved and that filed a timely application, and met, or has been deter- mined by statute to meet, the eligibility requirements of
subsection (a) for fiscal year 2009. (B) AMOUNT.—
(i) IN GENERAL.—The amount of a payment under subparagraph (A) for a local educational agency shall be equal to the greater of 90 percent of the payment the local educational agency received from dollars ap- propriated for fiscal year 2009 or 90 percent of the av- erage payment that the local educational agency re- ceived from dollars appropriated for fiscal years 2006, 2007, 2008, and 2009, and shall be calculated without regard to the maximum payment provisions in sub- section (b)(1)(C).
(ii) EXCEPTION.—In calculating such average pay- ment for a local educational agency that did not re- ceive a payment under subsection (b) for 1 or more of the fiscal years between fiscal year 2006 and 2009, in- clusive, the lowest such payment made to the agency for fiscal year 2006, 2007, 2008, or 2009, shall be treated as the payment that the agency received under subsection (b) for each fiscal year for which the agency did not receive such a payment.
(C) INSUFFICIENT APPROPRIATIONS.—If the amount ap-
propriated under section 7014(a) is insufficient to pay the full amount determined under this paragraph for all eligi- ble local educational agencies for the fiscal year, then the Secretary shall ratably reduce the payment to each local educational agency under this paragraph.
(2) FOUNDATION PAYMENTS FOR NEW APPLICANTS.—
(A) FIRST YEAR.—From any amounts remaining after making payments under paragraph (1) and subsection (i)(1) for the fiscal year involved, the Secretary shall make a payment, in an amount determined in accordance with subparagraph (C), to each local educational agency that the Secretary determines eligible for a payment under this section for a fiscal year after fiscal year 2009 and that did not receive a payment under paragraph (1) for the fiscal year for which such agency was determined eligible for
such payment.
(B) SECOND AND SUCCEEDING YEARS.—For any suc-
ceeding fiscal year after the first fiscal year that a local educational agency receives a foundation payment under subparagraph (A), the amount of the local educational agency’s foundation payment under this paragraph for such succeeding fiscal year shall be equal to the local edu-
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cational agency’s foundation payment under this para- graph for the first fiscal year.
(C) AMOUNTS.—The amount of a payment under sub- paragraph (A) for a local educational agency shall be deter- mined as follows:
(i) Calculate the local educational agency’s max- imum payment under subsection (b).
(ii) Calculate the percentage that the amount ap- propriated under section 7014(a) for the most recent fiscal year for which the Secretary has completed mak- ing payments under this section is of the total max- imum payments for such fiscal year for all local edu- cational agencies eligible for a payment under sub- section (b) and multiply the agency’s maximum pay- ment by such percentage.
(iii) Multiply the amount determined under clause (ii) by 90 percent.
(D) INSUFFICIENT FUNDS.—If the amount appropriated
under section 7014(a) of this title is insufficient to pay the full amount determined under this paragraph for all eligi- ble local educational agencies for the fiscal year, then the Secretary shall ratably reduce the payment to each local educational agency under this paragraph.
(3) REMAINING FUNDS.—From any funds remaining after making payments under paragraphs (1) and (2) for the fiscal year involved, the Secretary shall make a payment to each local educational agency that received a foundation payment under paragraph (1) or (2) or subsection (i)(1), for the fiscal year involved in an amount that bears the same relation to the remainder as a percentage share determined for the local edu- cational agency (by dividing the maximum amount that the agency is eligible to receive under subsection (b) by the total of the maximum amounts for all such agencies) bears to the percentage share determined (in the same manner) for all local educational agencies eligible to receive a payment under this section for the fiscal year involved, except that, for the purpose of calculating a local educational agency’s maximum amount under subsection (b), data from the most current fiscal year shall be used.
(4) DATA.—For each local educational agency that received a payment under this section for fiscal year 2010 or any suc- ceeding fiscal year, the Secretary shall not make a payment under paragraph (3) to a local educational agency that fails to submit, within 60 days of the date the Secretary notifies the agency that the information is needed, the data necessary to calculate the maximum amount of a payment under subsection (b) for that local educational agency.
(i) SPECIAL PAYMENTS.—
(1) IN GENERAL.—For any fiscal year beginning with fiscal year 2000 for which the amount appropriated to carry out this section exceeds the amount so appropriated for fiscal year 1996 and for which subsection (b)(1)(B) applies, the Secretary shall use the remainder described in subsection (h)(3) for the fiscal year involved (not to exceed the amount equal to the difference
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347 ESEA OF 1965 Sec. 7002
between (A) the amount appropriated to carry out this section for fiscal year 1997 and (B) the amount appropriated to carry out this section for fiscal year 1996) to increase the payment that would otherwise be made under this section to not more than 50 percent of the maximum amount determined under subsection (b) for any local educational agency described in paragraph (2).
(2) LOCAL EDUCATIONAL AGENCY DESCRIBED.—A local edu- cational agency described in this paragraph is a local edu- cational agency that—
(A) received a payment under this section for fiscal year 1996;
(B) serves a school district that contains all or a por- tion of a United States military academy;
(C) serves a school district in which the local tax as- sessor has certified that at least 60 percent of the real property is federally owned; and
(D) demonstrates to the satisfaction of the Secretary that such agency’s per-pupil revenue derived from local sources for current expenditures is not less than that rev- enue for the preceding fiscal year.
(j) PRIOR YEAR DATA.—Notwithstanding any other provision of this section, in determining the eligibility of a local educational agency for a payment under subsection (b) or (h)(2) of this section for a fiscal year, and in calculating the amount of such payment, the Secretary—
(1) shall use data from the prior fiscal year with respect to the Federal property involved, including data with respect to the assessed value of the property and the real property tax rate for current expenditures levied against or imputed to the property; and
(2) shall use data from the second prior fiscal year with re- spect to determining the amount of revenue referred to in sub- section (b)(1)(A)(i).
(k) LOSS OF ELIGIBILITY.—
(1) IN GENERAL.—Notwithstanding any other provision of this section, the Secretary shall make a minimum payment to a local educational agency described in paragraph (2), for the first fiscal year that the agency loses eligibility for assistance under this section as a result of property located within the school district served by the agency failing to meet the defini- tion of Federal property under section 7013(5)(C)(iii), in an amount equal to 90 percent of the amount received by the agency under this section for the preceding year.
(2) LOCAL EDUCATIONAL AGENCY DESCRIBED.—A local edu- cational agency described in this paragraph is an agency that—
(A) was eligible for, and received, a payment under this section for fiscal year 2002; and
(B) beginning in fiscal year 2003 or a subsequent fiscal year, is no longer eligible for payments under this section as provided for in subsection (a)(1)(C) as a result of the transfer of the Federal property involved to a non-Federal entity.
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SEC. 7003. ø20 U.S.C. 7703¿ PAYMENTS FOR ELIGIBLE FEDERALLY CON- NECTED CHILDREN.
(a) COMPUTATION OF PAYMENT.—
(1) IN GENERAL.—For the purpose of computing the
amount that a local educational agency is eligible to receive under subsection (b) or (d) for any fiscal year, the Secretary shall determine the number of children who were in average daily attendance in the schools of such agency, and for whom such agency provided free public education, during the pre- ceding school year and who, while in attendance at such schools—
(A)(i) resided on Federal property with a parent em- ployed on Federal property situated in whole or in part within the boundaries of the school district of such agency; or
(ii) resided on Federal property with a parent who is an official of, and accredited by, a foreign government and is a foreign military officer;
(B) resided on Federal property and had a parent on active duty in the uniformed services (as defined in section 101 of title 37, United States Code);
(C) resided on Indian lands;
(D)(i) had a parent on active duty in the uniformed services (as defined by section 101 of title 37, United States Code) but did not reside on Federal property; or
(ii) had a parent who is an official of, and has been ac- credited by, a foreign government and is a foreign military officer but did not reside on Federal property;
(E) resided in low-rent housing;
(F) resided on Federal property and is not described in subparagraph (A) or (B); or
(G) resided with a parent employed on Federal prop- erty situated—
(i) in whole or in part in the county in which such agency is located, or in whole or in part in such agency if such agency is located in more than one county; or
(ii) if not in such county, in whole or in part in the same State as such agency.
(2) DETERMINATION OF WEIGHTED STUDENT UNITS.—For the purpose of computing the basic support payment under sub- section (b), the Secretary shall calculate the total number of weighted student units for a local educational agency by add- ing together the results obtained by the following computa- tions:
(A) Multiply the number of children described in sub- paragraphs (A) and (B) of paragraph (1) by a factor of 1.0. (B) Multiply the number of children described in para-
graph (1)(C) by a factor of 1.25.
(C) Multiply the number of children described in sub-
paragraphs (A) and (B) of paragraph (1) by a factor of .35 if the local educational agency has—
(i) a number of such children described in such subparagraphs which exceeds 5,000; and
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349 ESEA OF 1965 Sec. 7003
(ii) an average daily attendance for all children which exceeds 100,000.
(D) Multiply the number of children described in sub-
paragraph (D) of paragraph (1) by a factor of .20.
(E) Multiply the number of children described in sub-
paragraph (E) of paragraph (1) by a factor of .10.
(F) Multiply the number of children described in sub- paragraphs (F) and (G) of paragraph (1) by a factor of .05. (3) SPECIAL RULE.—The Secretary shall only compute a payment for a local educational agency for children described in subparagraph (F) or (G) of paragraph (1) if the number of such children equals or exceeds 1,000 or such number equals or exceeds 10 percent of the total number of students in aver-
age daily attendance in the schools of such agency.
(4) MILITARY INSTALLATION AND INDIAN HOUSING UNDER-
GOING RENOVATION OR REBUILDING.—
(A) MILITARY INSTALLATION HOUSING.—Beginning in
fiscal year 2014, in determining the amount of a payment for a local educational agency for children described in paragraph (1)(D)(i), the Secretary shall consider those chil- dren as if they were children described in paragraph (1)(B) if the Secretary determines, on the basis of a certification provided to the Secretary by a designated representative of the Secretary of Defense, that those children would have resided in housing on Federal property if the housing was not undergoing renovation or rebuilding. The total number of children treated as children described in paragraph (1)(B) shall not exceed the lessor of—
(i) the total number of children eligible under paragraph (1)(B) for the year prior to the initiation of the housing project on Federal property undergoing renovation or rebuilding; or
(ii) the total number of Federally connected chil- dren enrolled at the local educational agency as stated in the application filed for the payment for the year for which the determination is made.
(B) INDIAN LANDS.—Beginning in fiscal year 2014, in
determining the amount of a payment for a local edu- cational agency that received a payment for children that resided on Indian lands in accordance with paragraph (1)(C) for the fiscal year prior to the fiscal year for which the local educational agency is making an application, the Secretary shall consider those children to be children de- scribed in paragraph (1)(C) if the Secretary determines on the basis of a certification provided to the Secretary by a designated representative of the Secretary of the Interior or the Secretary of Housing and Urban Development that those children would have resided in housing on Indian lands if the housing was not undergoing renovation or re- building. The total number of children treated as children described in paragraph (1)(C) shall not exceed the lessor of—
(i) the total number of children eligible under paragraph (1)(C) for the year prior to the initiation of
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the housing project on Indian lands undergoing ren- ovation or rebuilding; or
(ii) the total number of Federally connected chil- dren enrolled at the local educational agency as stated in the application filed for the payment for the year for which the determination is made.
(C) ELIGIBLE HOUSING.—Renovation or rebuilding
shall be defined as projects considered as capitalization, modernization, or restoration, as defined by the Secretary of Defense or the Secretary of the Interior (as the case may be) and are projects that last more than 30 days, but do not include ‘‘sustainment projects’’ such as painting, car- peting, or minor repairs.
(5) MILITARY ‘‘BUILD TO LEASE’’ PROGRAM HOUSING.—
(A)8 IN GENERAL.—For purposes of computing the amount of payment for a local educational agency for chil- dren identified under paragraph (1), the Secretary shall consider children residing in housing initially acquired or constructed under the former section 2828(g) of title 10, United States Code (commonly known as the ‘‘Build to Lease’’ program), as added by section 801 of the Military Construction Authorization Act, 1984, or under lease of off- base property under subchapter IV of chapter 169 of title 10, United States Code, to be children described under
paragraph (1)(B), if the property described is—
(i) within the fenced security perimeter of the
military facility; or
(ii) attached to, and under any type of force pro-
tection agreement with, the military installation upon which such housing is situated.
(B) ADDITIONAL REQUIREMENTS.—If the property de-
scribed in subparagraph (A) is not owned by the Federal Government, is subject to taxation by a State or political subdivision of a State, and thereby generates revenues for a local educational agency that is applying to receive a payment under this section, then the Secretary—
(i) shall require the local educational agency to provide certification from an appropriate official of the Department of Defense that the property is being used to provide military housing; and
(ii) shall reduce the amount of the payment under this section by an amount equal to the amount of rev- enue from such taxation received in the second pre- ceding fiscal year by such local educational agency, unless the amount of such revenue was taken into ac- count by the State for such second preceding fiscal year and already resulted in a reduction in the amount of State aid paid to such local educational agency.
8 Subparagraph (A) applies with respect to fiscal year 2016 pursuant to section 579(a)(1) of division A of Public Law 114–328.
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351 ESEA OF 1965 Sec. 7003
(b) BASIC SUPPORT PAYMENTS AND PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH INSUFFICIENT FUNDS ARE APPRO- PRIATED.—
(1) BASIC SUPPORT PAYMENTS.—
(A) IN GENERAL.—From the amount appropriated
under section 7014(b) for a fiscal year, the Secretary is au- thorized to make basic support payments to eligible local educational agencies with children described in subsection (a).
(B) ELIGIBILITY.—A local educational agency is eligible to receive a basic support payment under subparagraph (A) for a fiscal year with respect to a number of children determined under subsection (a)(1) only if the number of children so determined with respect to such agency amounts to the lesser of—
(i) at least 400 such children; or
(ii) a number of such children which equals at least 3 percent of the total number of children who were in average daily attendance, during such year, at the schools of such agency and for whom such agency provided free public education.
(C) MAXIMUM AMOUNT.—The maximum amount that a
local educational agency is eligible to receive under this paragraph for any fiscal year is the sum of the total weighted student units, as computed under subsection (a)(2), multiplied by the greater of—
(i) one-half of the average per-pupil expenditure of the State in which the local educational agency is lo- cated for the third fiscal year preceding the fiscal year for which the determination is made;
(ii) one-half of the average per-pupil expenditure of all of the States for the third fiscal year preceding the fiscal year for which the determination is made;
(iii) the comparable local contribution rate cer- tified by the State, as determined under regulations prescribed to carry out the Act of September 30, 1950 (Public Law 874, 81st Congress), as such regulations were in effect on January 1, 1994; or
(iv) the average per-pupil expenditure of the State in which the local educational agency is located, multi- plied by the local contribution percentage.
(D) DATA.—If satisfactory data from the third pre-
ceding fiscal year are not available for any of the expendi- tures described in clause (i) or (ii) of subparagraph (C), the Secretary shall use data from the most recent fiscal year for which data that are satisfactory to the Secretary are available.
(E) INCREASE IN LOCAL CONTRIBUTION RATE DUE TO UNUSUAL GEOGRAPHIC FACTORS.—If the current expendi- tures in those local educational agencies which the Sec- retary has determined to be generally comparable to the local educational agency for which a computation is made under subparagraph (C) are not reasonably comparable be- cause of unusual geographical factors which affect the cur-
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rent expenditures necessary to maintain, in such agency, a level of education equivalent to that maintained in such other agencies, then the Secretary shall increase the local contribution rate for such agency under subparagraph (C)(iii) by such an amount which the Secretary determines will compensate such agency for the increase in current ex- penditures necessitated by such unusual geographical fac- tors. The amount of any such supplementary payment may not exceed the per-pupil share (computed with regard to all children in average daily attendance), as determined by the Secretary, of the increased current expenditures neces- sitated by such unusual geographic factors.
(F) Beginning with fiscal year 2002, for the purpose of calculating a payment under this paragraph for a local educational agency whose local contribution rate was com- puted under subparagraph (C)(iii) for the previous year, the Secretary shall use a local contribution rate that is not less than 95 percent of the rate that the LEA received for the preceding year.
(2)9 BASIC SUPPORT PAYMENTS FOR HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES.—
(A) IN GENERAL.—(i) From the amount appropriated under section 7014(b) for a fiscal year, the Secretary is au- thorized to make basic support payments to eligible heav- ily impacted local educational agencies with children de- scribed in subsection (a).
(ii) A local educational agency that receives a basic support payment under this paragraph for a fiscal year shall not be eligible to receive a basic support payment under paragraph (1) for that fiscal year.
(B) ELIGIBILITY FOR HEAVILY IMPACTED LOCAL EDU- CATIONAL AGENCIES.—
(i) IN GENERAL.—A heavily impacted local edu- cational agency is eligible to receive a basic support payment under subparagraph (A) with respect to a number of children determined under subsection (a)(1) if the agency—
(I) is a local educational agency—
(aa) whose boundaries are the same as a
Federal military installation; or
(bb)(AA) whose boundaries are the same
as an island property designated by the Sec- retary of the Interior to be property that is held in trust by the Federal Government; and
(BB) that has no taxing authority; (II) 10 is a local educational agency that—
(aa) has an enrollment of children de- scribed in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 45 percent;
9 For special rules with to respect to fiscal year 2016 or any succeeding fiscal year, see section 579(d)(3) of division A of Public Law 114–328.
10 For special rule regarding per-pupil expenditure requirement for fiscal year 2017, 2018, or 2019, see section 579(c)(2) of division A of Public Law 114–328.
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353 ESEA OF 1965 Sec. 7003
(bb) has a per-pupil expenditure that is less than—
(AA) for an agency that has a total student enrollment of 500 or more stu- dents, 125 percent of the average per- pupil expenditure of the State in which the agency is located; or
(BB) for any agency that has a total student enrollment of less than 500 stu- dents, 150 percent of the average per- pupil expenditure of the State in which the agency is located or the average per- pupil expenditure of 3 or more com- parable local educational agencies in the State in which the agency is located; and (cc) is an agency that has a tax rate for
general fund purposes that is not less than 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State;
(III) is a local educational agency that—
(aa) has a tax rate for general fund pur- poses which is not less than 125 percent of the average tax rate for general fund pur- poses for comparable local educational agen-
cies in the State;
(bb)(AA) has an enrollment of children de-
scribed in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 30 percent; or
(BB) has an enrollment of children de- scribed in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 20 percent, and for the 3 fiscal years preceding the fiscal year for which the determination is made, the average enrollment of children who are not described in subsection (a)(1) and who are eli- gible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act constitutes a percentage of the total stu- dent enrollment of the agency that is not less than 65 percent and received assistance for fiscal year 2017 pursuant to subparagraph (G); and
(cc) received assistance under subpara- graph (A) of section 8003(b)(2), as such section was in effect on the day before the date of en- actment of the Every Student Succeeds Act (Public Law 114–95; 129 Stat. 1802), for a fis- cal year prior to fiscal year 2017;
(IV) is a local educational agency that re-
ceived a payment for fiscal year 2015 under sec- tion 8003(b)(2)(E) (as such section was in effect for
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such fiscal year) and has a total student enroll- ment of not less than 25,000 students, of which— (aa) not less than 35 percent are children
described in subsection (a)(1); and
(bb)(AA) not less than 3,500 of such chil-
dren are children described in subparagraphs (A) and (B) of subsection (a)(1); or
(BB) not less than 7,000 of such children are children described in subparagraph (D) of subsection (a)(1);
(V) 10 is a local educational agency that—
(aa) has an enrollment of children de- scribed in subsection (a)(1) including, for pur- poses of determining eligibility, those children described in subparagraphs (F) and (G) of such subsection, that is not less than 35 per- cent of the total student enrollment of the agency;
(bb) has a per-pupil expenditure described in subclause (II)(bb) (except that a local edu- cational agency with a total student enroll- ment of less than 350 students shall be deemed to have satisfied such per-pupil ex- penditure requirement) and has a tax rate for general fund purposes which is not less than 95 percent of the average tax rate for general fund purposes for comparable local edu- cational agencies in the State; and
(cc) was eligible to receive assistance under subparagraph (A) for fiscal year 2001.
(ii) LOSS OF ELIGIBILITY.—
(I) IN GENERAL.—Subject to subclause (II), a
heavily impacted local educational agency that met the requirements of clause (i) for a fiscal year shall be ineligible to receive a basic support pay- ment under subparagraph (A) if the agency fails to meet the requirements of clause (i) for a subse- quent fiscal year, except that such agency shall continue to receive a basic support payment under this paragraph for the fiscal year for which the in- eligibility determination is made.
(II) LOSS OF ELIGIBILITY DUE TO FALLING BELOW 95 PERCENT OF THE AVERAGE TAX RATE FOR GENERAL FUND PURPOSES.—In the case of a heav- ily impacted local educational agency described in subclause (II) or (V) of clause (i) that is eligible to receive a basic support payment under subpara- graph (A), but that has had, for 2 consecutive fis- cal years, a tax rate for general fund purposes that falls below 95 percent of the average tax rate for general fund purposes of comparable local edu- cational agencies in the State, such agency shall be determined to be ineligible under clause (i) and ineligible to receive a basic support payment
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355 ESEA OF 1965 Sec. 7003
under subparagraph (A) for each fiscal year suc- ceeding such 2 consecutive fiscal years for which the agency has such a tax rate for general fund purposes, and until the fiscal year for which the agency resumes such eligibility in accordance with clause (iii).
(III) TAKEN OVER BY STATE BOARD OF EDU- CATION.—In the case of a heavily impacted local educational agency that is eligible to receive a basic support payment under subparagraph (A), but that has been taken over by a State board of education in any 2 previous years, such agency shall be deemed to maintain heavily impacted sta- tus for 2 fiscal years following the date of enact- ment of the Every Student Succeeds Act.
(iii) ELIGIBILITY.—
(I) FIRST TIME.—A local educational agency
seeking a payment under this paragraph for the first time shall apply for and be determined eligi- ble under clause (i) for 2 consecutive years before receiving such a payment, and shall not receive such a payment for the first year of eligibility.
(II) RESUMPTION OF ELIGIBILITY.—A heavily impacted local educational agency described in clause (i) that becomes ineligible under such clause for 1 or more fiscal years may resume eligi- bility for a basic support payment under this paragraph for a subsequent fiscal year only if the agency meets the requirements of clause (i) for that subsequent fiscal year, except that such agency shall not receive a basic support payment under this paragraph until the fiscal year suc- ceeding the fiscal year for which the eligibility de- termination is made.
(C) MAXIMUM AMOUNT FOR HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES.—
(i) IN GENERAL.—Except as provided in subpara- graph (D), the maximum amount that a heavily im- pacted local educational agency is eligible to receive under this paragraph for any fiscal year is the sum of the total weighted student units, as computed under subsection (a)(2) and subject to clause (ii), multiplied by the greater of—
(I) four-fifths of the average per-pupil expend- iture of the State in which the local educational agency is located for the third fiscal year pre- ceding the fiscal year for which the determination is made; or
(II) four-fifths of the average per-pupil ex- penditure of all of the States for the third fiscal year preceding the fiscal year for which the deter- mination is made.
(ii) CALCULATION OF WEIGHTED STUDENT UNITS.— (I) IN GENERAL.—
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(i) IN GENERAL.—
(I) FORMULA.—Subject to clauses (ii), (iii), and
(iv), the maximum amount that a heavily im- pacted local educational agency described in sub- clause (II) is eligible to receive under this para- graph for any fiscal year shall be determined in accordance with the formula described in para- graph (1)(C).
(II) HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCY.—A heavily impacted local educational agency described in this subclause is a local edu- cational agency that received a payment for fiscal year 2015 under section 8003(b)(2)(E) (as such
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(aa) PERCENTAGE ENROLLMENT.—For a local educational agency in which 35 percent or more of the total student enrollment of the schools of the agency are children described in subparagraph (D) or (E) (or a combination thereof) of subsection (a)(1), and that has an enrollment of children described in subpara- graph (A), (B), or (C) of such subsection equal to at least 10 percent of the agency’s total en- rollment, the Secretary shall calculate the weighted student units of those children de- scribed in subparagraph (D) or (E) of such subsection by multiplying the number of such children by a factor of 0.55.
(bb) EXCEPTION.—Notwithstanding item (aa), a local educational agency that received a payment under this paragraph for fiscal year 2013 shall not be required to have an en- rollment of children described in subpara- graph (A), (B), or (C) of subsection (a)(1) equal to at least 10 percent of the agency’s total en- rollment and shall be eligible for the student weight as provided for in item (aa).
(II) ENROLLMENT OF 100 OR FEWER CHIL-
DREN.—For a local educational agency that has an enrollment of 100 or fewer children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for pur- poses of subsection (a)(2) by multiplying the num- ber of such children by a factor of 1.75.
(III) ENROLLMENT OF MORE THAN 100 CHIL- DREN BUT LESS THAN 1000.—For a local educational agency that is not described under subparagraph (B)(i)(I) and has an enrollment of more than 100 but not more than 1,000 children described in sub- section (a)(1), the Secretary shall calculate the total number of weighted student units for pur- poses of subsection (a)(2) by multiplying the num- ber of such children by a factor of 1.25.
MAXIMUM AMOUNT FOR LARGE HEAVILY IMPACTED
(D)
LOCAL EDUCATIONAL AGENCIES.—
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section was in effect for such fiscal year) and has a total student enrollment of not less than 25,000 students, of which not less than 35 percent are children described in subsection (a)(1) and—
(aa) not less than 3,500 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1); or
(bb) not less than 7,000 of such children are children described in subparagraph (D) of subsection (a)(1).
(ii) FACTOR.—For purposes of calculating the max- imum amount described in clause (i), the factor used in determining the weighted student units under sub- section (a)(2) with respect to children described in sub- paragraphs (A) and (B) of subsection (a)(1) shall be—
(I) for fiscal year 2016, 1.35;
(II) for each of fiscal years 2017 and 2018, 1.38;
(III) for fiscal year 2019, 1.40;
(IV) for fiscal year 2020, 1.42; and
(V) for fiscal year 2021 and each fiscal year
thereafter, 1.45.
(iii) FACTOR FOR CHILDREN WHO LIVE OFF BASE.— For purposes of calculating the maximum amount de- scribed in clause (i), the factor used in determining the weighted student units under subsection (a)(2) with respect to children described in subsection (a)(1)(D) shall be—
(I) for fiscal year 2016, .20;
(II) for each of fiscal years 2017 and 2018, .22; (III) for each of fiscal years 2019 and 2020,
.25; and
(IV) for fiscal year 2021 and each fiscal year
thereafter—
(aa) .30 with respect to each of the first
7,000 children; and
(bb) .25 with respect to the number of
children that exceeds 7,000.
(iv) SPECIAL RULE.—Notwithstanding clauses (ii)
and (iii), for fiscal year 2020 or any succeeding fiscal year, if the number of students who are children de- scribed in subparagraphs (A) and (B) of subsection (a)(1) for a local educational agency subject to this subparagraph exceeds 7,000 for such year or the num- ber of students who are children described in sub- section (a)(1)(D) for such local educational agency ex- ceeds 12,750 for such year, then—
(I) the factor used, for the fiscal year for which the determination is being made, to deter- mine the weighted student units under subsection (a)(2) with respect to children described in sub- paragraphs (A) and (B) of subsection (a)(1) shall be 1.40; and
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(II) the factor used, for such fiscal year, to de- termine the weighted student units under sub- section (a)(2) with respect to children described in subsection (a)(1)(D) shall be .20.
(E) DATA.—For purposes of providing assistance under this paragraph, the Secretary shall use student, revenue, expenditure, and tax data from the third fiscal year pre- ceding the fiscal year for which the local educational agen- cy is applying for assistance under this paragraph.
(F) DETERMINATION OF AVERAGE TAX RATES FOR GEN- ERAL FUND PURPOSES.—
(i) IN GENERAL.—Except as provided in clause (ii), for the purpose of determining the average tax rates for general fund purposes for local educational agen- cies in a State under this paragraph, the Secretary shall use either—
(I) the average tax rate for general fund pur- poses for comparable local educational agencies, as determined by the Secretary in regulations; or
(II) the average tax rate of all the local edu- cational agencies in the State.
(ii) FISCAL YEARS 2010–2015.—
(I) IN GENERAL.—For fiscal years 2010 through 2015, any local educational agency that was found ineligible to receive a payment under subparagraph (A) because the Secretary deter- mined that it failed to meet the average tax rate requirement for general fund purposes in subpara- graph (B)(i)(II)(cc), shall be considered to have met that requirement, if its State determined, through an alternate calculation of average tax rates for general fund purposes, that such local educational agency met that requirement.
(II) SUBSEQUENT FISCAL YEARS AFTER 2015.— For any succeeding fiscal year after 2015, any local educational agency identified in subclause (I) may continue to have its State use that alternate methodology to calculate whether the average tax rate requirement for general fund purposes under subparagraph (B)(i)(II)(cc) is met.
(III) AVAILABILITY OF FUNDS.—Notwith- standing any other provision of law limiting the period during which the Secretary may obligate funds appropriated for any fiscal year after 2012, the Secretary shall reserve a total of $14,000,000 from funds that remain unobligated under this section from fiscal years 2015 or 2016 in order to make payments under this clause for fiscal years 2011 through 2014.
(G) ELIGIBILITY FOR HEAVILY IMPACTED LOCAL EDU- CATIONAL AGENCIES AFFECTED BY PRIVATIZATION OF MILI- TARY HOUSING.—
(i) ELIGIBILITY.—For any fiscal year, a heavily im- pacted local educational agency that received a basic
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support payment under this paragraph for the prior fiscal year, but is ineligible for such payment for the current fiscal year under subparagraph (B) due to the conversion of military housing units to private housing described in clause (iii), or as the direct result of base realignment and closure or modularization as deter- mined by the Secretary of Defense and force structure change or force relocation, shall be deemed to meet the eligibility requirements under subparagraph (B) for the period during which the housing units are under- going such conversion or during such time as activities associated with base closure and realignment, modularization, force structure change, or force reloca- tion are ongoing.
(ii) AMOUNT OF PAYMENT.—The amount of a pay- ment to a heavily impacted local educational agency for a fiscal year by reason of the application of clause (i), and calculated in accordance with subparagraph (C) or (D), as the case may be, shall be based on the number of children in average daily attendance in the schools of such agency for the fiscal year and under the same provisions of subparagraph (C) or (D) under which the agency was paid during the prior fiscal year.
(iii) CONVERSION OF MILITARY HOUSING UNITS TO PRIVATE HOUSING DESCRIBED.—For purposes of clause (i), ‘‘conversion of military housing units to private housing’’ means the conversion of military housing units to private housing units pursuant to subchapter IV of chapter 169 of title 10, United States Code, or pursuant to any other related provision of law.
(3) PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH IN- SUFFICIENT FUNDS ARE APPROPRIATED.—
(A) IN GENERAL.—For any fiscal year in which the sums appropriated under section 7014(b) are insufficient to pay to each local educational agency the full amount com- puted under paragraphs (1) and (2), the Secretary shall make payments in accordance with this paragraph.
(B) LEARNING OPPORTUNITY THRESHOLD PAYMENTS IN LIEU OF PAYMENTS UNDER PARAGRAPH (1).—(i) For fiscal years described in subparagraph (A), the Secretary shall compute a learning opportunity threshold payment (here- after in this title referred to as the ‘‘threshold payment’’) in lieu of basic support payments under paragraph (1) by multiplying the amount obtained under paragraph (1)(C) by the total percentage obtained by adding—
(I) the percentage of federally connected children for each local educational agency determined by calcu- lating the fraction, the numerator of which is the total number of children described under subsection (a)(1) and the denominator of which is the total number of children in average daily attendance at the schools served by such agency; and
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(II) the percentage that funds under paragraph (1)(C) represent of the total budget of the local edu- cational agency, determined by calculating the frac- tion, the numerator of which is the total amount of funds calculated for each local educational agency under this paragraph, and the denominator of which is the total current expenditures for such agency in the second preceding fiscal year for which the deter- mination is made.
(ii) Such total percentage used to calculate threshold
payments under paragraph (1) shall not exceed 100.
(iii) In the case of a local educational agency providing a free public education to students enrolled in kinder- garten through grade 12, that enrolls students described in subparagraphs (A), (B), and (D) of subsection (a)(1) only in grades 9 through 12, and that received a final payment for fiscal year 2009 calculated under section 7003(b)(3) (as such section was in effect on the day before the date of en- actment of the Every Student Succeeds Act) for students in grades 9 through 12, the Secretary shall, in calculating the agency’s payment, consider only that portion of such agency’s total enrollment of students in grades 9 through 12 when calculating the percentage under clause (i)(I) and only that portion of the total current expenditures attrib- uted to the operation of grades 9 through 12 in such agen-
cy when calculating the percentage under clause (i)(II).
(iv) In the case of a local educational agency that has a total student enrollment of fewer than 1,000 students and that has a per-pupil expenditure that is less than the average per-pupil expenditure of the State in which the agency is located or less than the average per-pupil ex- penditure of all the States, the total percentage used to calculate threshold payments under clause (i) shall not be
less than 40 percent.
(C) LEARNING OPPORTUNITY THRESHOLD PAYMENTS IN
LIEU OF PAYMENTS UNDER PARAGRAPH (2).—For fiscal years described in subparagraph (A), the learning opportunity threshold payment in lieu of basic support payments under paragraph (2) shall be equal to the amount obtained under subparagraph (C) or (D) of paragraph (2), as the case may be.
(D) RATABLE DISTRIBUTION.—For fiscal years described in subparagraph (A), for which the sums available exceed the amount required to pay each local educational agency 100 percent of its threshold payment, the Secretary shall distribute the excess sums to each eligible local edu- cational agency that has not received its full amount com- puted under paragraphs (1) or (2) (as the case may be) by multiplying—
(i) a percentage, the denominator of which is the difference between the full amount computed under paragraph (1) or (2) (as the case may be) for all local educational agencies and the amount of the threshold payment (as calculated under subparagraphs (B) and
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(C)) of all local educational agencies, and the numer- ator of which is the aggregate of the excess sums, by (ii) the difference between the full amount com- puted under paragraph (1) or (2) (as the case may be) for the agency and the amount of the threshold pay- ment (as calculated under subparagraphs (B) or (C)) of the agency, except that no local educational agency shall receive more than 100 percent of the maximum payment calculated under subparagraph (C) or (D) of
paragraph (2).
(E) INSUFFICIENT PAYMENTS.—For each fiscal year de- scribed in subparagraph (A) for which the sums appro- priated are insufficient to pay each local educational agen- cy all of the local educational agency’s threshold payment described in subparagraph (B), the Secretary shall ratably reduce the payment to each local educational agency under this paragraph.
(F) INCREASES.—
(i) INCREASES BASED ON INSUFFICIENT FUNDS.—If
additional funds become available under 7014(b) for making payments under paragraphs (1) and (2) and those funds are not sufficient to increase each local educational agency’s threshold payment above 100 percent of its threshold payment described in subpara- graph (B), payments that were reduced under sub- paragraph (E) shall be increased by the Secretary on the same basis as such payments were reduced.
(ii) INCREASES BASED ON SUFFICIENT FUNDS.—If additional funds become available under section 7014(b) for making payments under paragraphs (1) and (2) and those funds are sufficient to increase each local educational agency’s threshold payment above 100 percent of its threshold payment described in sub- paragraph (B), the payment for each local educational agency shall be 100 percent of its threshold payment. The Secretary shall then distribute the excess sums to each eligible local educational agency in accordance with subparagraph (D).
(G) PROVISION OF TAX RATE AND RESULTING PERCENT- AGE.—As soon as practicable following the payment of funds under paragraph (2) to an eligible local educational agency, the Secretary shall provide the local educational agency with a description of—
(i) the tax rate of the local educational agency; and
(ii) the percentage such tax rate represents of the average tax rate for general fund purposes of com- parable local educational agencies in the State as de- termined under subclauses (II)(cc), III(aa), or (V)(bb) of paragraph (2)(B)(i) (as the case may be).
(4) STATES WITH ONLY ONE LOCAL EDUCATIONAL AGENCY.— (A) IN GENERAL.—In any of the 50 States of the United States in which there is only one local educational agency, the Secretary shall, for purposes of subparagraphs (B) and
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(C) of paragraph (1) or subparagraphs (B) and (C) of para- graph (2), as the case may be, paragraph (3) of this sub- section, and subsection (e), consider each administrative school district in the State to be a separate local edu- cational agency.
(B) COMPUTATION OF MAXIMUM AMOUNT OF BASIC SUP- PORT PAYMENT AND THRESHOLD PAYMENT.—In computing the maximum payment amount under paragraph (1)(C) or subparagraph (C) or (D) of paragraph (2), as the case may be, and the learning opportunity threshold payment under subparagraph (B) or (C) of paragraph (3), as the case may be, for an administrative school district described in sub- paragraph (A)—
(i) the Secretary shall first determine the max- imum payment amount and the total current expendi- tures for the State as a whole; and
(ii) the Secretary shall then—
(I) proportionately allocate such maximum
payment amount among the administrative school districts on the basis of the respective weighted student units of such districts; and
(II) proportionately allocate such total current expenditures among the administrative school dis- tricts on the basis of the respective number of stu- dents in average daily attendance at such dis- tricts.
(5) LOCAL EDUCATIONAL AGENCIES AFFECTED BY REMOVAL OF FEDERAL PROPERTY.—
(A) IN GENERAL.—In computing the amount of a basic support payment under this subsection for a fiscal year for a local educational agency described in subparagraph (B), the Secretary shall meet the additional requirements de- scribed in subparagraph (C).
(B) LOCAL EDUCATIONAL AGENCY DESCRIBED.—A local educational agency described in this subparagraph is a local educational agency with respect to which Federal property (i) located within the boundaries of the agency, and (ii) on which one or more children reside who are re- ceiving a free public education at a school of the agency, is transferred by the Federal Government to another enti- ty in any fiscal year beginning on or after the date of the enactment of the Impact Aid Reauthorization Act of 2000 so that the property is subject to taxation by the State or a political subdivision of the State.
(C) ADDITIONAL REQUIREMENTS.—The additional re- quirements described in this subparagraph are the fol- lowing:
(i) For each fiscal year beginning after the date on which the Federal property is transferred, a child de- scribed in subparagraph (B) who continues to reside on such property and who continues to receive a free public education at a school of the agency shall be deemed to be a child who resides on Federal property for purposes of computing under the applicable sub-
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paragraph of subsection (a)(1) the amount that the agency is eligible to receive under this subsection.
(ii)(I) For the third fiscal year beginning after the date on which the Federal property is transferred, and for each fiscal year thereafter, the Secretary shall, after computing the amount that the agency is other- wise eligible to receive under this subsection for the fiscal year involved, deduct from such amount an amount equal to the revenue received by the agency for the immediately preceding fiscal year as a result of the taxable status of the former Federal property.
(II) For purposes of determining the amount of revenue to be deducted in accordance with subclause (I), the local educational agency—
(aa) shall provide for a review and certifi- cation of such amount by an appropriate local tax authority; and
(bb) shall submit to the Secretary a report containing the amount certified under item (aa).
(c) PRIOR YEAR DATA.—
(1) IN GENERAL.—Except as provided in subsections
(b)(1)(D), (b)(2), and paragraph (2), all calculations under this section shall be based on data for each local educational agency from not later than the fiscal year preceding the fiscal year for which the agency is making application for payment.
(2) EXCEPTION.—Calculation of payments for a local edu- cational agency shall be based on data from the fiscal year for which the agency is making an application for payment if such agency—
(A) is newly established by a State, for the first year of operation of such agency only;
(B) was eligible to receive a payment under this sec- tion for the previous fiscal year and has had an overall in- crease in enrollment (as determined by the Secretary in consultation with the Secretary of Defense, the Secretary of the Interior, or the heads of other Federal agencies)—
(i)(I) of not less than 10 percent of children de- scribed in—
(aa) subparagraph (A), (B), (C), or (D) of subsection (a)(1); or
(bb) subparagraphs (F) and (G) of sub- section (a)(1), but only to the extent that such children are civilian dependents of employees of the Department of Defense or the Depart- ment of the Interior; or
(II) of not less than 100 of such children; and
(ii) that is the direct result of closure or realign- ment of military installations under the base closure process or the relocation of members of the Armed Forces and civilian employees of the Department of Defense as part of the force structure changes or movements of units or personnel between military in- stallations or because of actions initiated by the Sec-
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retary of the Interior or the head of another Federal agency; or
(C) was eligible to receive a payment under this sec-
tion for the previous fiscal year and has had an increase in enrollment (as determined by the Secretary)—
(i) of not less than 10 percent of children described in subsection (a)(1) or not less than 100 of such chil- dren; and
(ii) that is the direct result of the closure of a local educational agency that received a payment under subsection (b)(1) or (b)(2) for the previous fiscal year.
(d) CHILDREN WITH DISABILITIES.—
(1) IN GENERAL.—From the amount appropriated under
section 7014(c) for a fiscal year, the Secretary shall pay to each eligible local educational agency, on a pro rata basis, the amounts determined by—
(A) multiplying the number of children described in subparagraphs (A)(ii), (B) and (C) of subsection (a)(1) who are eligible to receive services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) by a factor of 1.0; and
(B) multiplying the number of children described in subparagraph (D) of subsection (a)(1) who are eligible to receive services under such Act by a factor of 0.5.
(2) USE OF FUNDS.—A local educational agency that re-
ceives funds under paragraph (1) shall use such funds to pro- vide a free appropriate public education to children described in paragraph (1) in accordance with the Individuals with Dis- abilities Education Act (20 U.S.C. 1400 et seq.).
(e) HOLD HARMLESS.—
(1) IN GENERAL.—In the case of any local educational agen-
cy eligible to receive a payment under subsection (b) whose cal- culated payment amount for a fiscal year is reduced by 20 per- cent, as compared to the amount received for the previous fis- cal year, the Secretary shall pay the local educational agency, for the year of the reduction and the following 2 years, the amount determined under paragraph (2).
(2) AMOUNT OF REDUCTION.—Subject to paragraph (3), A local educational agency described in paragraph (1) shall re- ceive—
(A) for the first year for which the reduced payment is determined, an amount that is not less than 90 percent of the total amount that the local educational agency re- ceived under subsection (b) for the previous fiscal year;
(B) for the second year following such reduction, an amount that is not less than 85 percent of the total amount that the local educational agency received under subparagraph (A); and
(C) for the third year following such reduction, an amount that is not less than 80 percent of the total amount that the local educational agency received under subparagraph (B).
(3) SPECIAL RULE.—For any fiscal year for which a local
educational agency would receive a payment under subsection
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(b) in excess of the amount determined under paragraph (2), the payment received by the local educational agency for such fiscal year shall be calculated under paragraph (1) or (2) of subsection (b).
(4) RATABLE REDUCTIONS.—
(A) IN GENERAL.—If the sums made available under
this title for any fiscal year are insufficient to pay the full amounts that all local educational agencies in all States are eligible to receive under paragraph (1) for such year, then the Secretary shall ratably reduce the payments to all such agencies for such year.
(B) ADDITIONAL FUNDS.—If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under sub- paragraph (A) shall be increased on the same basis as such payments were reduced.
(f) OTHER FUNDS.—Notwithstanding any other provision of law, a local educational agency receiving funds under this section may also receive funds under section 386 of the National Defense Authorization Act for Fiscal Year 1993 or such section’s successor authority.
SEC. 7004. ø20 U.S.C. 7704¿ POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON INDIAN LANDS.
(a) IN GENERAL.—A local educational agency that claims chil- dren residing on Indian lands for the purpose of receiving funds under section 7003 shall establish policies and procedures to en- sure that—
(1) such children participate in programs and activities supported by such funds on an equal basis with all other chil- dren;
(2) parents of such children and Indian tribes are afforded an opportunity to present their views on such programs and activities, including an opportunity to make recommendations on the needs of those children and how the local educational agency may help such children realize the benefits of such pro- grams and activities;
(3) parents and Indian tribes are consulted and involved in planning and developing such programs and activities;
(4) relevant applications, evaluations, and program plans are disseminated to the parents and Indian tribes; and
(5) parents and Indian tribes are afforded an opportunity to present their views to such agency regarding such agency’s general educational program.
(b) RECORDS.—A local educational agency that claims children
residing on Indian lands for the purpose of receiving funds under section 7003 shall maintain records demonstrating such agency’s compliance with the requirements contained in subsection (a).
(c) WAIVER.—A local educational agency that claims children residing on Indian lands for the purpose of receiving funds under section 7003 shall not be required to comply with the requirements of subsections (a) and (b) for any fiscal year with respect to any In- dian tribe from which such agency has received a written state- ment that the agency need not comply with those subsections be-
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cause the tribe is satisfied with the provision of educational serv- ices by such agency to such children.
(d) TECHNICAL ASSISTANCE AND ENFORCEMENT.—The Secretary shall—
(1) provide technical assistance to local educational agen- cies, parents, and Indian tribes to enable such agencies, par- ents, and tribes to carry out this section; and
(2) enforce this section through such actions, which may include the withholding of funds, as the Secretary determines to be appropriate, after affording the affected local educational agency, parents, and Indian tribe an opportunity to present their views.
(e) COMPLAINTS.—
(1) IN GENERAL.—(A) Any tribe, or its designee, which has students in attendance at a local educational agency may, in its discretion and without regard to the requirements of any other provision of law, file a written complaint with the Sec- retary regarding any action of a local educational agency taken pursuant to, or relevant to, the requirements of this section.
(B) Within ten working days from receipt of a complaint, the Secretary shall—
(i) designate a time and place for a hearing into the matters relating to the complaint at a location in close proximity to the local educational agency involved, or if the Secretary determines there is good cause, at some other lo- cation convenient to both the tribe, or its designee, and the local educational agency;
(ii) designate a hearing examiner to conduct the hear- ing; and
(iii) notify the affected tribe or tribes and the local educational agency involved of the time, place, and nature of the hearing and send copies of the complaint to the local educational agency and the affected tribe or tribes.
(2) HEARING.—The hearing shall be held within 30 days of
the designation of a hearing examiner and shall be open to the public. A record of the proceedings shall be established and maintained.
(3) EVIDENCE; RECOMMENDATIONS; COST.—The complaining tribe, or its designee, and the local educational agency shall be entitled to present evidence on matters relevant to the com- plaint and to make recommendations concerning the appro- priate remedial actions. Each party to the hearing shall bear only its own costs in the proceedings.
(4) FINDINGS AND RECOMMENDATIONS.—Within 30 days of the completion of the hearing, the hearing examiner shall, on the basis of the record, make written findings of fact and rec- ommendations concerning appropriate remedial action, if any, which should be taken. The hearing examiner’s findings and recommendations, along with the hearing record, shall be for- warded to the Secretary.
(5) WRITTEN DETERMINATION.—Within 30 days of the Sec- retary’s receipt of the findings, recommendations, and record, the Secretary shall, on the basis of the record, make a written determination of the appropriate remedial action, if any, to be
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taken by the local educational agency, the schedule for comple- tion of the remedial action, and the reasons for the Secretary’s decision.
(6) COPIES PROVIDED.—Upon completion of the Secretary’s final determination, the Secretary shall provide the com- plaining tribe, or its designee, and the local educational agency with copies of the hearing record, the hearing examiner’s find- ings and recommendations, and the Secretary’s final deter- mination. The final determination of the Secretary shall be subject to judicial review.
(7) CONSOLIDATION.—In all actions under this subsection, the Secretary shall have discretion to consolidate complaints involving the same tribe or local educational agency.
(8) WITHHOLDING.—If the local educational agency rejects the determination of the Secretary, or if the remedy required is not undertaken within the time established and the Sec- retary determines that an extension of the time established will not effectively encourage the remedy required, the Sec- retary shall withhold payment of all moneys to which such local agency is eligible under section 7003 until such time as the remedy required is undertaken, except where the com- plaining tribe or its designee formally requests that such funds be released to the local educational agency, except that the Secretary may not withhold such moneys during the course of the school year if the Secretary determines that such with- holding would substantially disrupt the educational programs of the local educational agency.
(9) REJECTION OF DETERMINATION.—If the local educational agency rejects the determination of the Secretary and a tribe exercises the option under section 1101(d) of the Education Amendments of 1978, to have education services provided ei- ther directly by the Bureau of Indian Education or by contract with the Bureau of Indian Education, any Indian students af- filiated with that tribe who wish to remain in attendance at the local educational agency against whom the complaint which led to the tribal action under such subsection (d) was lodged may be counted with respect to that local educational agency for the purpose of receiving funds under section 7003. In such event, funds under such section shall not be withheld pursuant to paragraph (8) and no further complaints with re- spect to such students may be filed under paragraph (1).
(f) CONSTRUCTION.—This section is based upon the special rela-
tionship between the Indian nations and the United States and nothing in this section shall be construed to relieve any State of any duty with respect to any citizens of that State.
SEC. 7005. ø20 U.S.C. 7705¿ APPLICATION FOR PAYMENTS UNDER SEC- TIONS 7002 AND 7003.
(a) IN GENERAL.—A local educational agency desiring to receive a payment under section 7002 or 7003 shall—
(1) submit an application for such payment to the Sec- retary; and
(2) provide a copy of such application to the State edu- cational agency.
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(b) CONTENTS.—Each such application shall be submitted in such form and manner as the Secretary may require, including— (1) information to determine the eligibility of the local edu- cational agency for a payment and the amount of such pay-
ment; and
(2) where applicable, an assurance that such agency is in
compliance with section 7004 (relating to children residing on Indian lands).
(c) DEADLINE FOR SUBMISSION.—The Secretary shall establish
deadlines for the submission of applications under this section. (d) APPROVAL.—
(1) IN GENERAL.—The Secretary shall approve an applica- tion submitted under this section that—
(A) except as provided in paragraph (2), is filed by the deadline established under subsection (c); and
(B) otherwise meets the requirements of this title.
(2) REDUCTION IN PAYMENT.—The Secretary shall approve an application filed not more than 60 days after a deadline es- tablished under subsection (c), or not more than 60 days after the date on which the Secretary sends written notice to the local educational agency pursuant to paragraph (3)(A), as the case may be, that otherwise meets the requirements of this title, except that, notwithstanding section 7003(e), the Sec- retary shall reduce the payment based on such late application
by 10 percent of the amount that would otherwise be paid. (3) LATE APPLICATIONS.—
(A) NOTICE.—The Secretary shall, as soon as prac- ticable after the deadline established under subsection (c), provide to each local educational agency that applied for a payment under section 7002 or 7003 for the prior fiscal year, and with respect to which the Secretary has not re- ceived an application for a payment under either such sec- tion (as the case may be) for the fiscal year in question, written notice of the failure to comply with the deadline and instruction to ensure that the application is filed not later than 60 days after the date on which the Secretary sends the notice.
(B) ACCEPTANCE AND APPROVAL OF LATE APPLICA- TIONS.—The Secretary shall not accept or approve any ap- plication of a local educational agency that is filed more than 60 days after the date on which the Secretary sends written notice to the local educational agency pursuant to subparagraph (A).
(4) STATE APPLICATION AUTHORITY.—Notwithstanding any other provision of law, a State educational agency that had been accepted as an applicant for funds under section 3 of the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such section was in effect on the day preceding the date of en- actment of the Improving America’s Schools Act of 1994) in fis- cal year 1994 shall be permitted to continue as an applicant under the same conditions by which such agency made applica- tion during such fiscal year only if such State educational agency distributes all funds received for the students for which application is being made by such State educational agency to
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369 ESEA OF 1965 Sec. 7007
the local educational agencies providing educational services to such students.
SEC. 7007. ø20 U.S.C. 7707¿ CONSTRUCTION. 11
(a) CONSTRUCTION PAYMENTS AUTHORIZED.—
(1) IN GENERAL.—From 40 percent of the amount appro- priated for each fiscal year under section 7014(d), the Sec- retary shall make payments in accordance with this subsection to each local educational agency that receives a basic support payment under section 7003(b) for that fiscal year.
(2) ADDITIONAL REQUIREMENTS.—A local educational agen- cy that receives a basic support payment under section 7003(b)(1) shall also meet at least one of the following require- ments:
(A) The number of children determined under section 7003(a)(1)(C) for the agency for the preceding school year constituted at least 50 percent of the total student enroll- ment in the schools of the agency during the preceding school year.
(B) The number of children determined under sub- paragraphs (B) and (D)(i) of section 7003(a)(1) for the agency for the preceding school year constituted at least 50 percent of the total student enrollment in the schools of the agency during the preceding school year.
(3) AMOUNT OF PAYMENTS.—
(A) LOCAL EDUCATIONAL AGENCIES IMPACTED BY MILI-
TARY DEPENDENT CHILDREN.—The amount of a payment to each local educational agency described in this subsection that is impacted by military dependent children for a fiscal year shall be equal to—
(i)(I) 20 percent of the amount appropriated under section 7014(d) for such fiscal year; divided by
(II) the total number of weighted student units of children described in subparagraphs (B) and (D)(i) of section 7003(a)(1) for all local educational agencies de- scribed in this subsection (as calculated under section 7003(a)(2)), including the number of weighted student units of such children attending a school facility de- scribed in section 7008(a) if the Secretary does not provide assistance for the school facility under that section for the prior fiscal year; multiplied by
(ii) the total number of such weighted student units for the agency.
(B) LOCAL EDUCATIONAL AGENCIES IMPACTED BY CHIL-
DREN WHO RESIDE ON INDIAN LANDS.—The amount of a payment to each local educational agency described in this subsection that is impacted by children who reside on In- dian lands for a fiscal year shall be equal to—
11 Section 1810 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (H.R. 5408 as introduced in the 106th Congress and enacted by section 1 of Public Law 106–398; 114 Stat. 1654A–383) repealed section 8006 of the Elementary and Secondary Edu- cation Act of 1965. Title VIII of the Elementary and Secondary Education Act of 1965 was redes- ignated as title VII by Public Law 114-95 and remaining sections of title VII (as redesignated) were renumbered accordingly. So, the effect is that there is no section 7006 in current law.
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Sec. 7007
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(i)(I) 20 percent of the amount appropriated under section 7014(d) for such fiscal year; divided by
(II) the total number of weighted student units of children described in section 7003(a)(1)(C) for all local educational agencies described in this subsection (as calculated under section 7003(a)(2)); multiplied by
(ii) the total number of such weighted student units for the agency.
February 1, 2023
(4) USE OF FUNDS.—Any local educational agency that re- ceives funds under this subsection shall use such funds for con- struction, as defined in section 7013(3).
(b) SCHOOL FACILITY EMERGENCY AND MODERNIZATION GRANTS
AUTHORIZED.—
(1) IN GENERAL.—From 60 percent of the amount appro-
priated for each fiscal year under section 7014(d), the Sec- retary—
(A) shall award emergency grants in accordance with this subsection to eligible local educational agencies to en- able the agencies to carry out emergency repairs of school facilities; and
(B) shall award modernization grants in accordance with this subsection to eligible local educational agencies to enable the agencies to carry out the modernization of school facilities.
(2) PRIORITY.—In approving applications from local edu-
cational agencies for emergency grants and modernization grants under this subsection, the Secretary shall give priority to applications in accordance with the following:
(A) The Secretary shall first give priority to applica- tions for emergency grants from local educational agencies that meet the requirements of paragraph (3)(A) and, among such applications for emergency grants, shall give priority to those applications of local educational agencies based on the severity of the emergency, as determined by the Secretary.
(B) The Secretary shall next give priority to applica- tions for emergency grants from local educational agencies that meet the requirements of subparagraph (C) or (D) of paragraph (3) and, among such applications for emergency grants, shall give priority to those applications of local educational agencies based on the severity of the emer- gency, as determined by the Secretary.
(C) The Secretary shall next give priority to applica- tions for modernization grants from local educational agen- cies that meet the requirements of paragraph (3)(B) and, among such applications for modernization grants, shall give priority to those applications of local educational agencies based on the severity of the need for moderniza- tion, as determined by the Secretary.
(D) The Secretary shall next give priority to applica- tions for modernization grants from local educational agen- cies that meet the requirements of subparagraph (C) or (D) of paragraph (3) and, among such applications for mod- ernization grants, shall give priority to those applications
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371 ESEA OF 1965 Sec. 7007
of local educational agencies based on the severity of the need for modernization, as determined by the Secretary. (3) ELIGIBILITY REQUIREMENTS.—
(A) EMERGENCY GRANTS.—A local educational agency is eligible to receive an emergency grant under paragraph (2)(A) if—
(i) the agency (or in the case of a local educational agency that does not have the authority to tax or issue bonds, the agency’s fiscal agent)—
(I) has no practical capacity to issue bonds;
(II) has minimal capacity to issue bonds and is at not less than 75 percent of the agency’s limit of bonded indebtedness; or
(III) does not meet the requirements of sub- clauses (I) and (II) but is eligible to receive funds under section 7003(b)(2) for the fiscal year; and
(ii) the agency is eligible to receive assistance
under subsection (a) for the fiscal year and has a school facility emergency, as determined by the Sec- retary, that poses a health or safety hazard to the stu- dents and school personnel assigned to the school facil- ity.
(B) MODERNIZATION GRANTS.—A local educational agency is eligible to receive a modernization grant under paragraph (2)(C) if—
(i) the agency is eligible to receive assistance under this title for the fiscal year;
(ii) the agency (or in the case of a local edu- cational agency that does not have the authority to tax or issue bonds, the agency’s fiscal agent) meets the re- quirements of subclause (I), (II), or (III) of subpara- graph (A)(i); and
(iii) the agency has facility needs resulting from the presence of the Federal Government, such as the enrollment of federally connected children, the pres- ence of tax-exempt Federal property, or an increase in enrollment due to the expansion of Federal activities, housing privatization, or the acquisition of Federal property.
(C) ADDITIONAL ELIGIBILITY FOR EMERGENCY AND MOD-
ERNIZATION GRANTS.—(i) A local educational agency is eli- gible to receive an emergency grant or a modernization grant under subparagraph (B) or (D) of paragraph (2), re- spectively, if the agency meets the following requirements:
(I) The agency receives a basic support payment under section 7003(b) for the fiscal year and the agen- cy meets at least one of the following requirements:
(aa) The number of children determined under section 7003(a)(1)(C) for the agency for the preceding school year constituted at least 40 per- cent of the total student enrollment in the schools of the agency during the preceding school year.
(bb) The number of children determined under subparagraphs (B) and (D)(i) of section
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7003(a)(1) for the agency for the preceding school year constituted at least 40 percent of the total student enrollment in the schools of the agency during the preceding school year.
(cc) Not less than 10 percent of the property acreage in the agency is exempt from State and local taxation under Federal law.
(II) The agency (or in the case of a local edu-
cational agency that does not have the authority to tax or issue bonds, the agency’s fiscal agent) is at not less than 75 percent of the agency’s limit of bonded indebt- edness.
(III) The agency has an assessed value of real property per student that may be taxed for school pur- poses that is less than the average of the assessed value of real property per student that may be taxed for school purposes in the State in which the local edu- cational agency is located.
(ii) A local educational agency is also eligible to receive a modernization grant under this subparagraph if the agency is eligible to receive assistance under section 7002 for the fiscal year and meets the requirements of sub- clauses (II) and (III) of clause (i).
(D) SPECIAL RULE.—
(i) IN GENERAL.—Any school described in clause
(ii) that desires to receive an emergency grant or a modernization grant under subparagraph (B) or (D) of paragraph (2), respectively, shall, except as provided in the following sentence, submit an application in ac- cordance with paragraph (6), and shall otherwise be treated as a local educational agency for the purpose of this subsection. The school shall submit an applica- tion for the grant to the local educational agency of such school and the agency shall submit the applica- tion on behalf of the school to the Secretary.
(ii) SCHOOL DESCRIBED.—A school described in this clause is a school that meets the following require- ments:
(I) The school is located within the geographic boundaries of a local educational agency that does not meet the applicable eligibility requirements under subparagraph (A), (B), or (C) for a grant under this subsection.
(II) The school meets at least one of the fol- lowing requirements:
(aa) The number of children determined under section 7003(a)(1)(C) for the school for the preceding school year constituted at least 40 percent of the total student enrollment in the school during the preceding school year.
(bb) The number of children determined under subparagraphs (B) and (D)(i) of section 7003(a)(1) for the school for the preceding school year constituted at least 40 percent of
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373 ESEA OF 1965 Sec. 7007
the total student enrollment in the school dur- ing the preceding school year.
(III) The school is located within the geo-
graphic boundaries of a local educational agency that meets the requirements of subclauses (II) and (III) of subparagraph (C)(i).
(E) RULE OF CONSTRUCTION.—For purposes of subpara- graph (A)(i), a local educational agency—
(i) has no practical capacity to issue bonds if the total assessed value of real property that may be taxed for school purposes is less than $25,000,000; and
(ii) has minimal capacity to issue bonds if the total assessed value of real property that may be taxed for school purposes is at least $25,000,000 but not more than $50,000,000.
(4) AWARD CRITERIA.—In awarding emergency grants and modernization grants under this subsection, the Secretary shall consider the following factors:
(A) The ability of the local educational agency to re- spond to the emergency, or to pay for the modernization project, as the case may be, as measured by—
(i) the agency’s level of bonded indebtedness;
(ii) the assessed value of real property per student that may be taxed for school purposes compared to the average of the assessed value of real property per stu- dent that may be taxed for school purposes in the State in which the agency is located;
(iii) the agency’s total tax rate for school purposes (or, if applicable, for capital expenditures) compared to the average total tax rate for school purposes (or the average capital expenditure tax rate, if applicable) in the State in which the agency is located; and
(iv) funds that are available to the agency, from any other source, including subsection (a), that may be used for capital expenditures.
(B) The percentage of property in the agency that is
nontaxable due to the presence of the Federal Govern- ment.
(C) The number and percentages of children described in subparagraphs (A), (B), (C), and (D) of section 7003(a)(1) served in the school facility with the emergency or served in the school facility proposed for modernization, as the case may be.
(D) In the case of an emergency grant, the severity of the emergency, as measured by the threat that the condi- tion of the school facility poses to the health, safety, and well-being of students.
(E) In the case of a modernization grant—
(i) the severity of the need for modernization, as
measured by such factors as—
(I) overcrowding, as evidenced by the use of
portable classrooms, or the potential for future overcrowding because of increased enrollment; or
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Sec. 7007
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(II) the agency’s inability to utilize technology or offer a curriculum in accordance with contem- porary State standards due to the physical limita- tions of the current school facility; and
(ii) the age of the school facility proposed for mod-
ernization.
(5) OTHER AWARD PROVISIONS.—
(A) GENERAL PROVISIONS.—
(i) LIMITATIONS ON AMOUNT OF FUNDS.—
(I) IN GENERAL.—The amount of funds pro- vided under an emergency grant or a moderniza- tion grant awarded under this subsection to a local educational agency that meets the require- ments of subclause (II) or (III) of paragraph (3)(A)(i) for purposes of eligibility under subpara- graph (A) or (B) of paragraph (3) or that meets the requirements of clause (i) or (ii) of paragraph (3)(C) for purposes of eligibility under such para- graph (3)(C), or to a school that is eligible under paragraph (3)(D)—
(aa) shall not exceed 50 percent of the total cost of the project to be assisted under this subsection; and
(bb) shall not exceed $4,000,000 during any 4-year period.
(II) IN-KIND CONTRIBUTIONS.—A local edu-
cational agency may use in-kind contributions to meet the matching requirement of subclause (I)(aa).
(ii) PROHIBITIONS ON USE OF FUNDS.—A local edu-
cational agency may not use funds provided under an emergency grant or modernization grant awarded under this subsection for—
(I) a project for a school facility for which the agency does not have full title or other interest;
(II) stadiums or other school facilities that are primarily used for athletic contests, exhibitions, or other events for which admission is charged to the general public; or
(III) the acquisition of real property.
(iii) SUPPLEMENT, NOT SUPPLANT.—A local edu- cational agency shall use funds provided under an emergency grant or modernization grant awarded under this subsection only to supplement the amount of funds that would, in the absence of the Federal funds provided under the grant, be made available from non-Federal sources to carry out emergency re- pairs of school facilities or to carry out the moderniza- tion of school facilities, as the case may be, and not to
supplant such funds.
(iv) MAINTENANCE COSTS.—Nothing in this sub-
section shall be construed to authorize the payment of maintenance costs in connection with any school facil-
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375 ESEA OF 1965 Sec. 7007
ity modernized in whole or in part with Federal funds provided under this subsection.
(v) ENVIRONMENTAL SAFEGUARDS.—All projects carried out with Federal funds provided under this subsection shall comply with all relevant Federal, State, and local environmental laws and regulations.
(vi) CARRY-OVER OF CERTAIN APPLICATIONS.—A local educational agency that applies for an emergency grant or a modernization grant under this subsection for a fiscal year and does not receive the grant for the fiscal year shall have the application for the grant con- sidered for the following fiscal year, subject to the pri- ority requirements of paragraph (2) and the award cri- teria requirements of paragraph (4).
(B) EMERGENCY GRANTS; PROHIBITION ON USE OF
FUNDS.—A local educational agency that is awarded an emergency grant under this subsection may not use amounts under the grant for the complete or partial re- placement of an existing school facility unless such re- placement is less expensive or more cost-effective than cor- recting the identified emergency.
(6) APPLICATION.—A local educational agency that desires to receive an emergency grant or a modernization grant under this subsection shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Each application shall contain the following:
(A) A description of how the local educational agency meets the award criteria under paragraph (4), including the information described in clauses (i) through (iv) of paragraph (4)(A) and subparagraphs (B) and (C) of para- graph (4), and containing such additional information as may be necessary to meet any award criteria for a grant under this subsection as provided by any other Act.
(B) In the case of an application for an emergency grant—
(i) a description of the school facility deficiency that poses a health or safety hazard to the occupants of the facility and a description of how the deficiency will be repaired; and
(ii) a signed statement from an appropriate local official certifying that a deficiency in the school facility threatens the health or safety of the occupants of the facility or that prevents the use of all or a portion of the building.
(C) In the case of an application for a modernization
grant—
(i) an explanation of the need for the school facil-
ity modernization project;
(ii) the date on which original construction of the
facility to be modernized was completed;
(iii) a listing of the school facilities to be modern-
ized, including the number and percentage of children determined under section 7003(a)(1) in average daily attendance in each school facility; and
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ESEA OF 1965 376
(iv) a description of the ownership of the property on which the current school facility is located or on which the planned school facility will be located.
(D) A description of the project for which a grant
under this subsection will be used, including a cost esti- mate for the project.
(E) A description of the interest in, or authority over, the school facility involved, such as an ownership interest or a lease arrangement.
February 1, 2023
SEC. 7008. ø20 U.S.C. 7708¿ FACILITIES.
(a) CURRENT FACILITIES.—From the amount appropriated for
any fiscal year under section 7014(e), the Secretary may continue to provide assistance for school facilities that were supported by the Secretary under section 10 of the Act of September 23, 1950 (Public Law 815, 81st Congress) (as such Act was in effect on the day preceding the date of the enactment of the Improving Amer- ica’s Schools Act of 1994).
(b) TRANSFER OF FACILITIES.—
(1) IN GENERAL.—The Secretary shall, as soon as prac-
ticable, transfer to the appropriate local educational agency or another appropriate entity all the right, title, and interest of the United States in and to each facility provided under section 10 of the Act of September 23, 1950 (Public Law 815, 81st Con- gress), or under section 204 or 310 of the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such Acts were in ef- fect on January 1, 1958).
(2) OTHER REQUIREMENTS.—Any such transfer shall be without charge to such agency or entity, and prior to such transfer, the transfer shall be consented to by the local edu- cational agency or other appropriate entity, and may be made on such terms and conditions as the Secretary deems appro- priate to carry out the purposes of this title.
SEC. 7009. ø20 U.S.C. 7709¿ STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE AID.
(a) GENERAL PROHIBITION.—Except as provided in subsection (b), a State may not—
(1) consider payments under this title in determining for any fiscal year—
(A) the eligibility of a local educational agency for State aid for free public education; or
(B) the amount of such aid; or
(2) make such aid available to local educational agencies
in a manner that results in less State aid to any local edu- cational agency that is eligible for such payment than such agency would receive if such agency were not so eligible.
(b) STATE EQUALIZATION PLANS.—
(1) IN GENERAL.—A State may reduce State aid to a local educational agency that receives a payment under section 7002 or 7003(b) (except the amount calculated in excess of 1.0 under section 7003(a)(2)(B) and, with respect to a local educational agency that receives a payment under section 7003(b)(2), the amount in excess of the amount that the agency would receive if the agency were deemed to be an agency eligible to receive
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377 ESEA OF 1965 Sec. 7009
a payment under section 7003(b)(1) and not section 7003(b)(2)) for any fiscal year if the Secretary determines, and certifies under subsection (c)(3)(A), that the State has in effect a pro- gram of State aid that equalizes expenditures for free public education among local educational agencies in the State.
(2) COMPUTATION.—
(A) IN GENERAL.—For purposes of paragraph (1), a
program of State aid equalizes expenditures among local educational agencies if, in the second fiscal year preceding the fiscal year for which the determination is made, the amount of per-pupil expenditures made by, or per-pupil revenues available to, the local educational agency in the State with the highest such per-pupil expenditures or reve- nues did not exceed the amount of such per-pupil expendi- tures made by, or per-pupil revenues available to, the local educational agency in the State with the lowest such ex- penditures or revenues by more than 25 percent.
(B) OTHER FACTORS.—In making a determination under this subsection, the Secretary shall—
(i) disregard local educational agencies with per- pupil expenditures or revenues above the 95th per- centile or below the 5th percentile of such expendi- tures or revenues in the State; and
(ii) take into account the extent to which a pro- gram of State aid reflects the additional cost of pro- viding free public education in particular types of local educational agencies, such as those that are geo- graphically isolated, or to particular types of students, such as children with disabilities.
(3) EXCEPTION.—Notwithstanding paragraph (2), if the Secretary determines that the State has substantially revised its program of State aid, the Secretary may certify such pro- gram for any fiscal year only if—
(A) the Secretary determines, on the basis of projected data, that the State’s program will meet the disparity standard described in paragraph (2) for the fiscal year for which the determination is made; and
(B) the State provides an assurance to the Secretary that, if final data do not demonstrate that the State’s pro- gram met such standard for the fiscal year for which the determination is made, the State will pay to each affected local educational agency the amount by which the State re- duced State aid to the local educational agency.
(c) PROCEDURES FOR REVIEW OF STATE EQUALIZATION PLANS.— (1) WRITTEN NOTICE.—
(A) IN GENERAL.—Any State that wishes to consider payments described in subsection (b)(1) in providing State aid to local educational agencies shall submit to the Sec- retary, not later than 120 days before the beginning of the State’s fiscal year, a written notice of such State’s inten- tion to do so.
(B) CONTENTS.—Such notice shall be in the form that the Secretary requires, including evidence that the State has notified each local educational agency in the State of
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Sec. 7009 ESEA OF 1965 378
such State’s intention to consider such payments in pro- viding State aid.
(2) OPPORTUNITY TO PRESENT VIEWS.—Before making a de-
termination under subsection (b), the Secretary shall afford the State, and local educational agencies in the State, an oppor- tunity to present their views.
(3) QUALIFICATION PROCEDURES.—If the Secretary deter- mines that a program of State aid qualifies under subsection (b), the Secretary shall—
(A) certify the program and so notify the State; and
(B) afford an opportunity for a hearing, in accordance with section 7011(a), to any local educational agency ad- versely affected by such certification.
(4) NON-QUALIFICATION PROCEDURES.—If the Secretary de-
termines that a program of State aid does not qualify under subsection (b), the Secretary shall—
(A) so notify the State; and
(B) afford an opportunity for a hearing, in accordance with section 7011(a), to the State, and to any local edu- cational agency adversely affected by such determination.
(d) TREATMENT OF STATE AID.—
(1) IN GENERAL.—If a State has in effect a program of
State aid for free public education for any fiscal year, which is designed to equalize expenditures for free public education among the local educational agencies of that State, payments under this title for any fiscal year may be taken into consider- ation by such State in determining the relative—
(A) financial resources available to local educational agencies in that State; and
(B) financial need of such agencies for the provision of free public education for children served by such agency, except that a State may consider as local resources funds received under this title only in proportion to the share that local tax revenues covered under a State equalization program are of total local tax revenues.
(2) PROHIBITION.—A State may not take into consideration
payments under this title before such State’s program of State aid has been certified by the Secretary under subsection (c)(3). (e) REMEDIES FOR STATE VIOLATIONS.—
(1) IN GENERAL.—The Secretary or any aggrieved local educational agency may, not earlier than 150 days after an ad- verse determination by the Secretary against a State for viola- tion of subsections (a) or (d)(2) or for failure to carry out an as- surance under subsection (b)(3)(B), and if an administrative proceeding has not been concluded within such time, bring an action in a United States district court against such State for such violations or failure.
(2) IMMUNITY.—A State shall not be immune under the 11th amendment to the Constitution of the United States from an action described in paragraph (1).
(3) RELIEF.—The court shall grant such relief as the court determines is appropriate.
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379 ESEA OF 1965 Sec. 7010
SEC. 7010. ø20 U.S.C. 7710¿ FEDERAL ADMINISTRATION.
(a) PAYMENTS IN WHOLE DOLLAR AMOUNTS.—The Secretary
shall round any payments under this title to the nearest whole dol- lar amount.
(b) OTHER AGENCIES.—Each Federal agency administering Federal property on which children reside, and each agency prin- cipally responsible for an activity that may occasion assistance under this title, shall, to the maximum extent practicable, comply with requests of the Secretary for information the Secretary may require to carry out this title.
(c) SPECIAL RULES.—
(1) CERTAIN CHILDREN ELIGIBLE UNDER SUBPARAGRAPHS (A)
AND (G)(ii) OF SECTION 7003(a)(1).—(A) The Secretary shall treat as eligible under subparagraph (A) of section 7003(a)(1) any child who would be eligible under such subparagraph except that the Federal property on which the child resides or on which the child’s parent is employed is not in the same State in which the child attends school, if such child meets the re- quirements of paragraph (2).
(B) The Secretary shall treat as eligible under subpara- graph (G) of section 7003(a)(1) any child who would be eligible under such subparagraph except that such child does not meet the requirements of clause (ii) of such subparagraph, if such child meets the requirements of paragraph (2).
(2) REQUIREMENTS.—A child meets the requirements of this paragraph if—
(A) such child resides—
(i) in a State adjacent to the State in which the
local educational agency serving the school such child attends is located; or
(ii) with a parent employed on Federal property in a State adjacent to the State in which such agency is located;
(B) the schools of such agency are within a more rea-
sonable commuting distance of such child’s home than the schools of the local educational agency that serves the school attendance area where such child resides;
(C) attending the schools of the local educational agen- cy that serves the school attendance area where such child resides will impose a substantial hardship on such child;
(D) the State in which such child attends school pro- vides funds for the education of such child on the same basis as all other public school children in the State, un- less otherwise permitted under section 7009(b) of this title; and
(E) such agency received a payment for fiscal year 1999 under section 7003(b) on behalf of children described in paragraph (1).
(d) TIMELY PAYMENTS.—
(1) IN GENERAL.—Subject to paragraph (2), the Secretary
shall pay a local educational agency the full amount that the agency is eligible to receive under this title for a fiscal year not later than September 30 of the second fiscal year following the fiscal year for which such amount has been appropriated if, not
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Sec. 7011 ESEA OF 1965 380
later than 1 calendar year following the fiscal year in which such amount has been appropriated, such local educational agency submits to the Secretary all the data and information necessary for the Secretary to pay the full amount that the agency is eligible to receive under this title for such fiscal year.
(2) PAYMENTS WITH RESPECT OF FISCAL YEARS IN WHICH IN- SUFFICIENT FUNDS ARE APPROPRIATED.—For a fiscal year in which the amount appropriated under section 7014 is insuffi- cient to pay the full amount a local educational agency is eligi- ble to receive under this title, paragraph (1) shall be applied by substituting ‘‘is available to pay the agency’’ for ‘‘the agency is eligible to receive’’ each place the term appears.
SEC. 7011. ø20 U.S.C. 7711¿ ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
(a) ADMINISTRATIVE HEARINGS.—A local educational agency and a State that is adversely affected by any action of the Sec- retary under this title shall be entitled to a hearing on such action in the same manner as if such agency were a person under chapter 5 of title 5, United States Code if the local educational agency or State, as the case may be, submits to the Secretary a request for the hearing not later than 60 days after the date of the action of the Secretary under this title.
(b) JUDICIAL REVIEW OF SECRETARIAL ACTION.—
(1) IN GENERAL.—A local educational agency or a State ag-
grieved by the Secretary’s final decision following an agency proceeding under subsection (a) may, within 30 working days (as determined by the local educational agency or State) after receiving notice of such decision, file with the United States court of appeals for the circuit in which such agency or State is located a petition for review of that action. The clerk of the court shall promptly transmit a copy of the petition to the Sec- retary. The Secretary shall then file in the court the record of the proceedings on which the Secretary’s action was based, as provided in section 2112 of title 28, United States Code.
(2) FINDINGS OF FACT.—The findings of fact by the Sec- retary, if supported by substantial evidence, shall be conclu- sive, but the court, for good cause shown, may remand the case to the Secretary to take further evidence. The Secretary may thereupon make new or modified findings of fact and may mod- ify the Secretary’s previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by sub- stantial evidence.
(3) REVIEW.—The court shall have exclusive jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.
SEC. 7012. ø20 U.S.C. 7712¿ FORGIVENESS OF OVERPAYMENTS. Notwithstanding any other provision of law, the Secretary may forgive the obligation of a local educational agency to repay, in whole or in part, the amount of any overpayment received under
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381 ESEA OF 1965 Sec. 7013
this title, or under this title’s predecessor authorities, if the Sec- retary determines that the overpayment was made as a result of an error made by—
(1) the Secretary; or
(2) the local educational agency and repayment of the full amount of the overpayment will result in an undue financial hardship on the agency and seriously harm the agency’s edu- cational program.
SEC. 7013. ø20 U.S.C. 7713¿ DEFINITIONS. For purposes of this title:
(1) ARMED FORCES.—The term ‘‘Armed Forces’’ means the Army, Navy, Air Force, Marine Corps, and Coast Guard.
(2) AVERAGE PER-PUPIL EXPENDITURE.—The term ‘‘average per-pupil expenditure’’ means—
(A) the aggregate current expenditures of all local edu- cational agencies in the State; divided by
(B) the total number of children in average daily at- tendance for whom such agencies provided free public edu- cation.
(3) CONSTRUCTION.—The term ‘‘construction’’ means—
(A) the preparation of drawings and specifications for school facilities;
(B) erecting, building, acquiring, altering, remodeling, repairing, or extending school facilities;
(C) inspecting and supervising the construction of school facilities; and
(D) debt service for such activities.
(4) CURRENT EXPENDITURES.—The term ‘‘current expendi-
tures’’ means expenditures for free public education, including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities, but does not include expenditures for community services, capital outlay, and debt service, or any expenditures made from funds awarded under part A of title I. The determination of whether an expenditure for the replacement of equipment is considered a current expenditure or a capital outlay shall be determined in accordance with generally accepted accounting principles as determined by the State.
(5) FEDERAL PROPERTY.—
(A) IN GENERAL.—Except as provided in subpara-
graphs (B) through (F), the term ‘‘Federal property’’ means real property that is not subject to taxation by any State or any political subdivision of a State due to Federal agree- ment, law, or policy, and that is—
(i) owned by the United States or leased by the United States from another entity;
(ii)(I) held in trust by the United States for indi- vidual Indians or Indian tribes;
(II) held by individual Indians or Indian tribes subject to restrictions on alienation imposed by the United States;
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Sec. 7013
ESEA OF 1965 382
(III) conveyed at any time under the Alaska Native Claims Settlement Act to a Native indi- vidual, Native group, or village or regional cor- poration (including single family occupancy prop- erties that may have been subsequently sold or leased to a third party), except that property that is conveyed under such Act—
(aa) that is not taxed is, for the purposes of this paragraph, considered tax-exempt due to Federal law; and
(bb) is considered Federal property for the purpose of this paragraph if the property is located within a Regional Educational Attend- ance Area that has no taxing power;
(IV) public land owned by the United States that is designated for the sole use and benefit of individual Indians or Indian tribes; or
(V) used for low-rent housing, as described in paragraph (10), that is located on land described in subclause (I), (II), (III), or (IV) of this clause or on land that met one of those descriptions immediately before such property’s use for such housing;
(iii)(I) part of a low-rent housing project assisted under the United States Housing Act of 1937;
(II) used to provide housing for homeless children at closed military installations pursuant to section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411); or
(III) used for affordable housing assisted under the Native American Housing Assistance and Self-De- termination Act of 1996 (25 U.S.C. 4101 et seq.); or
(iv) owned by a foreign government or by an inter- national organization.
(B) SCHOOLS PROVIDING FLIGHT TRAINING TO MEMBERS
OF AIR FORCE.—The term ‘‘Federal property’’ includes, so long as not subject to taxation by any State or any political subdivision of a State, and whether or not that tax exemp- tion is due to Federal agreement, law, or policy, any school providing flight training to members of the Air Force under contract with the Air Force at an airport owned by a State or political subdivision of a State.
(C) NON-FEDERAL EASEMENTS, LEASES, LICENSES, PER- MITS, IMPROVEMENTS, AND CERTAIN OTHER REAL PROP- ERTY.—The term ‘‘Federal property’’ includes, whether or not subject to taxation by a State or a political subdivision of a State—
(i) any non-Federal easement, lease, license, per- mit, or other such interest in Federal property as oth- erwise described in this paragraph, but not including any non-Federal fee-simple interest;
(ii) any improvement on Federal property as oth- erwise described in this paragraph; and
(iii) real property that, immediately before its sale or transfer to a non-Federal party, was owned by the
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383 ESEA OF 1965 Sec. 7013
United States and otherwise qualified as Federal prop- erty described in this paragraph, but only for one year beyond the end of the fiscal year of such sale or trans- fer.
(D) CERTAIN POSTAL SERVICE PROPERTY AND PIPELINES AND UTILITY LINES.—Notwithstanding any other provision of this paragraph, the term ‘‘Federal property’’ does not in- clude—
(i) any real property under the jurisdiction of the United States Postal Service that is used primarily for the provision of postal services; or
(ii) pipelines and utility lines.
(E) PROPERTY WITH RESPECT TO WHICH STATE OR
LOCAL TAX REVENUES MAY NOT BE EXPENDED, ALLOCATED, OR AVAILABLE FOR FREE PUBLIC EDUCATION.—Notwith- standing any other provision of this paragraph, ‘‘Federal property’’ does not include any property on which children reside that is otherwise described in this paragraph if—
(i) no tax revenues of the State or of any political subdivision of the State may be expended for the free public education of children who reside on that Fed- eral property; or
(ii) no tax revenues of the State are allocated or available for the free public education of such children. (F) PROPERTY LOCATED IN THE STATE OF OKLAHOMA
OWNED BY INDIAN HOUSING AUTHORITY FOR LOW-INCOME HOUSING.—The term ‘‘Federal property’’ includes any real property located in the State of Oklahoma that—
(i) is owned by an Indian housing authority and used for low-income housing (including housing as- sisted under or authorized by the Native American Housing Assistance and Self-Determination Act of 1996); and
(ii) at any time—
(I) was designated by treaty as tribal land; or (II) satisfied the definition of Federal property
under section 403(1)(A) of the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such Act was in effect on the day preceding the date of enactment of the Improving America’s Schools Act of 1994).
(6) FREE PUBLIC EDUCATION.—The term ‘‘free public edu- cation’’ means education that is provided—
(A) at public expense, under public supervision and di- rection, and without tuition charge; and
(B) as elementary or secondary education, as deter- mined under State law, except that, notwithstanding State law, such term—
(i) includes preschool education; and
(ii) does not include any education provided be- yond grade 12.
(7) INDIAN LANDS.—The term ‘‘Indian lands’’ means any Federal property described in paragraph (5)(A)(ii) or (5)(F).
(8) LOCAL CONTRIBUTION PERCENTAGE.—
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ESEA OF 1965 384
(A) IN GENERAL.—The term ‘‘local contribution per- centage’’ means the percentage of current expenditures in the State derived from local and intermediate sources, as reported to and verified by the National Center for Edu- cation Statistics.
(B) HAWAII AND DISTRICT OF COLUMBIA.—Notwith- standing subparagraph (A), the local contribution percent- age for Hawaii and for the District of Columbia shall be the average local contribution percentage for the 50 States and the District of Columbia.
(9) LOCAL EDUCATIONAL AGENCY.—
(A) IN GENERAL.—Except as provided in subparagraph (B), the term ‘‘local educational agency’’—
(i) means a board of education or other legally constituted local school authority having administra- tive control and direction of free public education in a county, township, independent school district, or other school district; and
(ii) includes any State agency that directly oper- ates and maintains facilities for providing free public education.
(B) EXCEPTION.—The term ‘‘local educational agency’’
does not include any agency or school authority that the Secretary determines on a case-by-case basis—
(i) was constituted or reconstituted primarily for the purpose of receiving assistance under this title or the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such Act was in effect on the day pre- ceding the date of enactment of the Improving Amer- ica’s Schools Act of 1994) or increasing the amount of such assistance; or
(ii) is not constituted or reconstituted for legiti- mate educational purposes.
(10) LOW-RENT HOUSING.—The term ‘‘low-rent housing’’ means housing located on property that is described in para- graph (5)(A)(iii).
(11) MODERNIZATION.—The term ‘‘modernization’’ means repair, renovation, alteration, or construction, including—
(A) the concurrent installation of equipment; and
(B) the complete or partial replacement of an existing school facility, but only if such replacement is less expen- sive and more cost-effective than repair, renovation, or al- teration of the school facility.
(12) REVENUE DERIVED FROM LOCAL SOURCES.—The term
‘‘revenue derived from local sources’’ means—
(A) revenue produced within the boundaries of a local
educational agency and available to such agency for such agency’s use; or
(B) funds collected by another governmental unit, but distributed back to a local educational agency in the same proportion as such funds were collected as a local revenue source.
(13) SCHOOL FACILITIES.—The term ‘‘school facilities’’ in- cludes—
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385 ESEA OF 1965 Sec. 8101
(A) classrooms and related facilities; and
(B) equipment, machinery, and utilities necessary or appropriate for school purposes.
SEC. 7014. ø20 U.S.C. 7714¿ AUTHORIZATION OF APPROPRIATIONS.
(a) PAYMENTS FOR FEDERAL ACQUISITION OF REAL PROPERTY.— For the purpose of making payments under section 7002, there are authorized to be appropriated $66,813,000 for each of fiscal years
2017 through 2019, and $71,997,917 for fiscal year 2020.
(b) BASIC PAYMENTS; PAYMENTS FOR HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES.—For the purpose of making payments under section 7003(b), there are authorized to be appropriated $1,151,233,000 for each of fiscal years 2017 through 2019, and
$1,240,572,618 for fiscal year 2020.
(c) PAYMENTS FOR CHILDREN WITH DISABILITIES.—For the pur-
pose of making payments under section 7003(d), there are author- ized to be appropriated $48,316,000 for each of fiscal years 2017 through 2019, and $52,065,487 for fiscal year 2020.
(d) CONSTRUCTION.—For the purpose of carrying out section 7007, there are authorized to be appropriated $17,406,000 for each of fiscal years 2017 through 2019, and $18,756,765 for fiscal year 2020.
(e) FACILITIES MAINTENANCE.—For the purpose of carrying out section 7008, there are authorized to be appropriated $4,835,000 for each of fiscal years 2017 through 2019, and $5,210,213 for fiscal year 2020.
TITLE VIII—GENERAL PROVISIONS PART A—DEFINITIONS
SEC. 8101. ø20 U.S.C. 7801¿ DEFINITIONS.
Except as otherwise provided, in this Act:
(1) AVERAGE DAILY ATTENDANCE.—
(A) IN GENERAL.—Except as provided otherwise by
State law or this paragraph, the term ‘‘average daily at- tendance’’ means—
(i) the aggregate number of days of attendance of all students during a school year; divided by
(ii) the number of days school is in session during that year.
(B) CONVERSION.—The Secretary shall permit the con- version of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local edu- cational agencies on the basis of average daily membership (or other similar data).
(C) SPECIAL RULE.—If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this Act—
(i) consider the child to be in attendance at a school of the agency making the payment; and
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Sec. 8101
ESEA OF 1965 386
(ii) not consider the child to be in attendance at a school of the agency receiving the payment.
(D) CHILDREN WITH DISABILITIES.—If a local edu-
cational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act, the Secretary shall, for the purpose of this Act, consider the child to be in attendance at a school of the agency making the payment.
(2) AVERAGE PER-PUPIL EXPENDITURE.—The term ‘‘average per-pupil expenditure’’ means, in the case of a State or of the United States—
(A) without regard to the source of funds—
(i) the aggregate current expenditures, during the third fiscal year preceding the fiscal year for which the determination is made (or, if satisfactory data for that year are not available, during the most recent pre- ceding fiscal year for which satisfactory data are avail- able) of all local educational agencies in the State or, in the case of the United States, for all States (which, for the purpose of this paragraph, means the 50 States
and the District of Columbia); plus
(ii) any direct current expenditures by the State
for the operation of those agencies; divided by
(B) the aggregate number of children in average daily attendance to whom those agencies provided free public education during that preceding year.
(3) CHILD.—The term ‘‘child’’ means any person within the
age limits for which the State provides free public education. (4) CHILD WITH A DISABILITY.—The term ‘‘child with a dis- ability’’ has the same meaning given that term in section 602
of the Individuals with Disabilities Education Act.
(5) COMMUNITY-BASED ORGANIZATION.—The term ‘‘commu- nity-based organization’’ means a public or private nonprofit
organization of demonstrated effectiveness that—
(A) is representative of a community or significant seg-
ments of a community; and
(B) provides educational or related services to individ-
uals in the community.
(6) CONSOLIDATED LOCAL APPLICATION.—The term ‘‘consoli- dated local application’’ means an application submitted by a local educational agency pursuant to section 8305.
(7) CONSOLIDATED LOCAL PLAN.—The term ‘‘consolidated local plan’’ means a plan submitted by a local educational agency pursuant to section 8305.
(8) CONSOLIDATED STATE APPLICATION.—The term ‘‘consoli- dated State application’’ means an application submitted by a State educational agency pursuant to section 8302.
(9) CONSOLIDATED STATE PLAN.—The term ‘‘consolidated State plan’’ means a plan submitted by a State educational agency pursuant to section 8302.
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387 ESEA OF 1965 Sec. 8101
(10) COUNTY.—The term ‘‘county’’ means one of the divi- sions of a State used by the Secretary of Commerce in com- piling and reporting data regarding counties.
(11) COVERED PROGRAM.—The term ‘‘covered program’’ means each of the programs authorized by—
(A) part A of title I;
(B) part C of title I;
(C) part D of title I;
(D) part A of title II;
(E) part A of title III;
(F) part A of title IV;
(G) part B of title IV; and
(H) subpart 2 of part B of title V.
(12) CURRENT EXPENDITURES.—The term ‘‘current expendi- tures’’ means expenditures for free public education—
(A) including expenditures for administration, instruc- tion, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities; but
(B) not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds received under title I.
(13) DEPARTMENT.—The term ‘‘Department’’ means the De-
partment of Education.
(14) DISTANCE LEARNING.—The term ‘‘distance learning’’
means the transmission of educational or instructional pro- gramming to geographically dispersed individuals and groups via telecommunications.
(15) DUAL OR CONCURRENT ENROLLMENT PROGRAM.—The term ‘‘dual or concurrent enrollment program’’ means a pro- gram offered by a partnership between at least one institution of higher education and at least one local educational agency through which a secondary school student who has not grad- uated from high school with a regular high school diploma is able to enroll in one or more postsecondary courses and earn postsecondary credit that—
(A) is transferable to the institutions of higher edu- cation in the partnership; and
(B) applies toward completion of a degree or recog- nized educational credential as described in the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
(16) EARLY CHILDHOOD EDUCATION PROGRAM.—The term
‘‘early childhood education program’’ has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
(17) EARLY COLLEGE HIGH SCHOOL.—The term ‘‘early col- lege high school’’ means a partnership between at least one local educational agency and at least one institution of higher education that allows participants to simultaneously complete requirements toward earning a regular high school diploma and earn not less than 12 credits that are transferable to the institutions of higher education in the partnership as part of
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Sec. 8101 ESEA OF 1965 388
an organized course of study toward a postsecondary degree or credential at no cost to the participant or participant’s family. (18) EDUCATIONAL SERVICE AGENCY.—The term ‘‘edu- cational service agency’’ means a regional public multiservice agency authorized by State statute to develop, manage, and
provide services or programs to local educational agencies.
(19) ELEMENTARY SCHOOL.—The term ‘‘elementary school’’ means a nonprofit institutional day or residential school, in- cluding a public elementary charter school, that provides ele-
mentary education, as determined under State law.
(20) ENGLISH LEARNER.—The term ‘‘English learner’’, when
used with respect to an individual, means an individual— (A) who is aged 3 through 21;
(B) who is enrolled or preparing to enroll in an ele- mentary school or secondary school;
(C)(i) who was not born in the United States or whose native language is a language other than English;
(ii)(I) who is a Native American or Alaska Native, or a native resident of the outlying areas; and
(II) who comes from an environment where a language other than English has had a significant impact on the in- dividual’s level of English language proficiency; or
(iii) who is migratory, whose native language is a lan- guage other than English, and who comes from an environ- ment where a language other than English is dominant; and
(D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual—
(i) the ability to meet the challenging State aca- demic standards;
(ii) the ability to successfully achieve in class- rooms where the language of instruction is English; or (iii) the opportunity to participate fully in society.
(21) EVIDENCE-BASED.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the term ‘‘evidence-based’’, when used with respect to a State, local educational agency, or school activity, means an activity, strategy, or intervention that—
(i) demonstrates a statistically significant effect on improving student outcomes or other relevant out- comes based on—
(I) strong evidence from at least 1 well-de- signed and well-implemented experimental study; (II) moderate evidence from at least 1 well-de- signed and well-implemented quasi-experimental
study; or
(III) promising evidence from at least 1 well-
designed and well-implemented correlational study with statistical controls for selection bias; or (ii)(I) demonstrates a rationale based on high-
quality research findings or positive evaluation that such activity, strategy, or intervention is likely to im-
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389 ESEA OF 1965 Sec. 8101
prove student outcomes or other relevant outcomes;
and
(B) DEFINITION FOR SPECIFIC ACTIVITIES FUNDED UNDER THIS ACT.—When used with respect to interventions or improvement activities or strategies funded under sec- tion 1003, the term ‘‘evidence-based’’ means a State, local educational agency, or school activity, strategy, or inter- vention that meets the requirements of subclause (I), (II), or (III) of subparagraph (A)(i).
(22) EXPANDED LEARNING TIME.—The term ‘‘expanded
learning time’’ means using a longer school day, week, or year schedule to significantly increase the total number of school hours, in order to include additional time for—
(A) activities and instruction for enrichment as part of a well-rounded education; and
(B) instructional and support staff to collaborate, plan, and engage in professional development (including profes- sional development on family and community engagement) within and across grades and subjects.
(23) EXTENDED-YEAR ADJUSTED COHORT GRADUATION
RATE.—
(A) IN GENERAL.—The term ‘‘extended-year adjusted
cohort graduation rate’’ means the fraction—
(i) the denominator of which consists of the num-
ber of students who form the original cohort of enter- ing first-time students in grade 9 enrolled in the high school no later than the date by which student mem- bership data must be collected annually by State edu- cational agencies for submission to the National Cen- ter for Education Statistics under section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543), adjusted by—
(I) adding the students who joined that co- hort, after the date of the determination of the original cohort; and
(II) subtracting only those students who left that cohort, after the date of the determination of the original cohort, as described in subparagraph (B); and
(ii) the numerator of which—
(I) consists of the sum of—
(aa) the number of students in the cohort,
as adjusted under clause (i), who earned a regular high school diploma before, during, or at the conclusion of—
(AA) one or more additional years be- yond the fourth year of high school; or
(BB) a summer session immediately following the additional year of high school; and
12 Margin for subclause (II) of clause (ii) is so in law.
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(II)12 includes ongoing efforts to examine the effects of such activity, strategy, or intervention.
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Sec. 8101
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(bb) all students with the most significant cognitive disabilities in the cohort, as adjusted under clause (i), assessed using the alternate assessment aligned to alternate academic achievement standards under section 1111(b)(2)(D) and awarded a State-defined al- ternate diploma that is—
(AA) standards-based;
(BB) aligned with the State require- ments for the regular high school di- ploma; and
(CC) obtained within the time period for which the State ensures the avail- ability of a free appropriate public edu- cation under section 612(a)(1) of the Indi- viduals with Disabilities Education Act (20 U.S.C. 1412(a)(1)); and
(II) shall not include any student awarded a recognized equivalent of a diploma, such as a gen- eral equivalency diploma, certificate of completion, certificate of attendance, or similar lesser creden- tial.
(B) COHORT REMOVAL.—To remove a student from a cohort, a school or local educational agency shall require documentation, or obtain documentation from the State educational agency, to confirm that the student has trans- ferred out, emigrated to another country, or transferred to a prison or juvenile facility, or is deceased.
(C) TRANSFERRED OUT.—For purposes of this para- graph, the term ‘‘transferred out’’ has the meaning given the term in clauses (i), (ii), and (iii) of paragraph (25)(C).
(D) SPECIAL RULES.—
(i) SCHOOLS STARTING AFTER GRADE 9.—For those
high schools that start after grade 9, the original co- hort shall be calculated for the earliest high school grade students attend no later than the date by which student membership data is collected annually by State educational agencies for submission to the Na- tional Center for Education Statistics pursuant to sec- tion 153 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543).
(ii) VERY SMALL SCHOOLS.—A State educational agency may calculate the extended year adjusted co- hort graduation rate described under this paragraph for a high school with an average enrollment over a 4- year period of less than 100 students for the purposes of section 1111(c)(4) by—
(I) averaging the extended-year adjusted co- hort graduation rate of the school over a period of three years; or
(II) establishing a minimum number of stu- dents that must be included in the cohort de- scribed in clause (i) of subparagraph (A) that will provide a valid graduation rate calculation as de-
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391 ESEA OF 1965 Sec. 8101
termined by the Secretary, below which the school shall be exempt from differentiation and identi- fication under such section.
(24) FAMILY LITERACY SERVICES.—The term ‘‘family lit- eracy services’’ means services provided to participants on a voluntary basis that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family, and that integrate all of the following activities:
(A) Interactive literacy activities between parents and their children.
(B) Training for parents regarding how to be the pri- mary teacher for their children and full partners in the education of their children.
(C) Parent literacy training that leads to economic self-sufficiency.
(D) An age-appropriate education to prepare children for success in school and life experiences.
(25) FOUR-YEAR ADJUSTED COHORT GRADUATION RATE.—
(A) IN GENERAL.—The term ‘‘four-year adjusted cohort graduation rate’’ means the fraction—
(i) the denominator of which consists of the num- ber of students who form the original cohort of enter- ing first-time students in grade 9 enrolled in the high school no later than the date by which student mem- bership data is collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543), adjusted by—
(I) adding the students who joined that co- hort, after the date of the determination of the original cohort; and
(II) subtracting only those students who left that cohort, after the date of the determination of the original cohort, as described in subparagraph (B); and
(ii) the numerator of which—
(I) consists of the sum of—
(aa) the number of students in the cohort,
as adjusted under clause (i), who earned a regular high school diploma before, during, or at the conclusion of—
(AA) the fourth year of high school; or
(BB) a summer session immediately following the fourth year of high school; and
(bb) all students with the most significant
cognitive disabilities in the cohort, as adjusted under clause (i), assessed using the alternate assessment aligned to alternate academic achievement standards under section 1111(b)(2)(D) and awarded a State-defined al- ternate diploma that is—
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(B) COHORT REMOVAL.—To remove a student from a cohort, a school or local educational agency shall require documentation, or obtain documentation from the State educational agency, to confirm that the student has trans- ferred out, emigrated to another country, or transferred to a prison or juvenile facility, or is deceased.
(C) TRANSFERRED OUT.—
(i) IN GENERAL.—For purposes of this paragraph,
the term ‘‘transferred out’’ means that a student, as confirmed by the high school or local educational agen- cy in accordance with clause (ii), has transferred to—
(I) another school from which the student is expected to receive a regular high school diploma; or
(II) another educational program from which the student is expected to receive a regular high school diploma or an alternate diploma that meets the requirements of subparagraph (A)(ii)(I)(bb).
(ii) CONFIRMATION REQUIREMENTS.—
(I) DOCUMENTATION REQUIRED.—The con- firmation of a student’s transfer to another school or educational program described in clause (i) re- quires documentation of such transfer from the re- ceiving school or program in which the student en- rolled.
(II) LACK OF CONFIRMATION.—A student who was enrolled in a high school, but for whom there is no confirmation of the student having trans- ferred out, shall remain in the adjusted cohort. (iii) PROGRAMS NOT PROVIDING CREDIT Except as
provided in subparagraph (A)(ii)(I)(bb), a student who is retained in grade or who is enrolled in a program leading to a general equivalency diploma, or other al- ternative educational program that does not issue or provide credit toward the issuance of a regular high school diploma, shall not be considered transferred out and shall remain in the adjusted cohort.
(D) SPECIAL RULES.—
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Sec. 8101
ESEA OF 1965 392
(AA) standards-based;
(BB) aligned with the State require- ments for the regular high school di- ploma; and
(CC) obtained within the time period for which the State ensures the avail- ability of a free appropriate public edu- cation under section 612(a)(1) of the Indi- viduals with Disabilities Education Act (20 U.S.C. 1412(a)(1); and
shall not include any student awarded a
(II)
recognized equivalent of a diploma, such as a gen- eral equivalency diploma, certificate of completion, certificate of attendance, or similar lesser creden- tial.
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393 ESEA OF 1965 Sec. 8101
(i) SCHOOLS STARTING AFTER GRADE 9.—For those high schools that start after grade 9, the original co- hort shall be calculated for the earliest high school grade students attend no later than the date by which student membership data must be collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543).
(ii) VERY SMALL SCHOOLS.—A State educational agency may calculate the four-year adjusted cohort graduation rate described under this paragraph for a high school with an average enrollment over a 4-year period of less than 100 students for the purposes of section 1111(c)(4) by—
(I) averaging the four-year adjusted cohort graduation rate of the school over a period of three years; or
(II) establishing a minimum number of stu- dents that must be included in the cohort de- scribed in clause (i) of subparagraph (A) that will provide a valid graduation rate calculation as de- termined by the Secretary, below which the school shall be exempt from differentiation and identi- fication under such section.
(26) FREE PUBLIC EDUCATION.—The term ‘‘free public edu- cation’’ means education that is provided—
(A) at public expense, under public supervision and di- rection, and without tuition charge; and
(B) as elementary school or secondary school education as determined under applicable State law, except that the term does not include any education provided beyond grade 12.
(27) GIFTED AND TALENTED.—The term ‘‘gifted and tal-
ented’’, when used with respect to students, children, or youth, means students, children, or youth who give evidence of high achievement capability in areas such as intellectual, creative, artistic, or leadership capacity, or in specific academic fields, and who need services or activities not ordinarily provided by the school in order to fully develop those capabilities.
(28) HIGH SCHOOL.—The term ‘‘high school’’ means a sec- ondary school that—
(A) grants a diploma, as defined by the State; and
(B) includes, at least, grade 12.
(29) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘insti-
tution of higher education’’ has the meaning given that term in section 101(a) of the Higher Education Act of 1965.
(30) LOCAL EDUCATIONAL AGENCY.—
(A) IN GENERAL.—The term ‘‘local educational agency’’
means a public board of education or other public author- ity legally constituted within a State for either administra- tive control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political
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Sec. 8101
ESEA OF 1965 394
subdivision of a State, or of or for a combination of school districts or counties that is recognized in a State as an ad- ministrative agency for its public elementary schools or secondary schools.
(B) ADMINISTRATIVE CONTROL AND DIRECTION.—The term includes any other public institution or agency hav- ing administrative control and direction of a public ele- mentary school or secondary school.
(C) 13 BUREAU OF INDIAN EDUCATION SCHOOLS.—The term includes an elementary school or secondary school funded by the Bureau of Indian Education but only to the extent that including the school makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the school does not have a student population that is smaller than the stu- dent population of the local educational agency receiving assistance under this Act with the smallest student popu- lation, except that the school shall not be subject to the ju- risdiction of any State educational agency other than the Bureau of Indian Education.
(D) EDUCATIONAL SERVICE AGENCIES.—The term in- cludes educational service agencies and consortia of those agencies.
(E) STATE EDUCATIONAL AGENCY.—The term includes the State educational agency in a State in which the State educational agency is the sole educational agency for all public schools.
(31) MENTORING.—The term ‘‘mentoring’’, except when
used to refer to teacher mentoring, means a process by which a responsible adult, postsecondary student, or secondary school student works with a child to provide a positive role model for the child, to establish a supportive relationship with the child, and to provide the child with academic assistance and exposure to new experiences and examples of opportunity that enhance the ability of the child to become a responsible adult.
(32) MIDDLE GRADES.—The term middle grades means any of grades 5 through 8.
(33) MULTI-TIER SYSTEM OF SUPPORTS.—The term ‘‘multi- tier system of supports’’ means a comprehensive continuum of evidence-based, systemic practices to support a rapid response to students’ needs, with regular observation to facilitate data- based instructional decisionmaking.
(34) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE.— The terms ‘‘Native American’’ and ‘‘Native American language’’ have the same meaning given those terms in section 103 of the Native American Languages Act of 1990.
(35) OTHER STAFF.—The term ‘‘other staff’’ means special- ized instructional support personnel, librarians, career guid- ance and counseling personnel, education aides, and other in- structional and administrative personnel.
(36) OUTLYING AREA.—The term ‘‘outlying area’’—
13 Casing of the word ‘‘Bureau’’ in the heading for subparagraph (C) is so in law. Should be initial cap and all small caps.
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395 ESEA OF 1965 Sec. 8101
(A) means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands;
(B) means the Republic of Palau, to the extent per- mitted under section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 (Public Law 108-188; 117 Stat. 2751) and until an agreement for the extension of United States education assistance under the Compact of Free Association becomes effective for the Republic of Palau; and
(C) for the purpose of any discretionary grant program under this Act, includes the Republic of the Marshall Is- lands and the Federated States of Micronesia, to the ex- tent permitted under section 105(f)(1)(B)(viii) of the Com- pact of Free Association Amendments Act of 2003 (Public Law 108–188; 117 Stat. 2751).
(37) PARAPROFESSIONAL.—The term ‘‘paraprofessional’’,
also known as a ‘‘paraeducator’’, includes an education assist- ant and instructional assistant.
(38) PARENT.—The term ‘‘parent’’ includes a legal guardian or other person standing in loco parentis (such as a grand- parent or stepparent with whom the child lives, or a person who is legally responsible for the child’s welfare).
(39) PARENTAL INVOLVEMENT.—The term ‘‘parental involve- ment’’ means the participation of parents in regular, two-way, and meaningful communication involving student academic learning and other school activities, including ensuring—
(A) that parents play an integral role in assisting their child’s learning;
(B) that parents are encouraged to be actively involved in their child’s education at school;
(C) that parents are full partners in their child’s edu- cation and are included, as appropriate, in decisionmaking and on advisory committees to assist in the education of their child; and
(D) the carrying out of other activities, such as those described in section 1116.
(40) PAY FOR SUCCESS INITIATIVE.—The term ‘‘pay for suc-
cess initiative’’ means a performance-based grant, contract, or cooperative agreement awarded by a public entity in which a commitment is made to pay for improved outcomes that result in social benefit and direct cost savings or cost avoidance to the public sector. Such an initiative shall include—
(A) a feasibility study on the initiative describing how the proposed intervention is based on evidence of effective- ness;
(B) a rigorous, third-party evaluation that uses experi- mental or quasi-experimental design or other research methodologies that allow for the strongest possible causal inferences to determine whether the initiative has met its proposed outcomes;
(C) an annual, publicly available report on the progress of the initiative; and
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Sec. 8101
ESEA OF 1965 396
(D) a requirement that payments are made to the re- cipient of a grant, contract, or cooperative agreement only when agreed upon outcomes are achieved, except that the entity may make payments to the third party conducting the evaluation described in subparagraph (B).
(41) POVERTY LINE.—The term ‘‘poverty line’’ means the
poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act) applicable to a family of the size involved.
(42) PROFESSIONAL DEVELOPMENT.—The term ‘‘professional development’’ means activities that—
(A) are an integral part of school and local educational agency strategies for providing educators (including teach- ers, principals, other school leaders, specialized instruc- tional support personnel, paraprofessionals, and, as appli- cable, early childhood educators) with the knowledge and skills necessary to enable students to succeed in a well- rounded education and to meet the challenging State aca- demic standards; and
(B) are sustained (not stand-alone, 1-day, or short term workshops), intensive, collaborative, job-embedded, data-driven, and classroom-focused, and may include ac- tivities that—
(i) improve and increase teachers’—
(I) knowledge of the academic subjects the
teachers teach;
(II) understanding of how students learn; and (III) ability to analyze student work and
achievement from multiple sources, including how to adjust instructional strategies, assessments, and materials based on such analysis;
(ii) are an integral part of broad schoolwide and
districtwide educational improvement plans;
(iii) allow personalized plans for each educator to address the educator’s specific needs identified in ob-
servation or other feedback;
(iv) improve classroom management skills;
(v) support the recruitment, hiring, and training
of effective teachers, including teachers who became certified through State and local alternative routes to certification;
(vi) advance teacher understanding of—
(I) effective instructional strategies that are
evidence-based; and
(II) strategies for improving student academic
achievement or substantially increasing the knowledge and teaching skills of teachers;
(vii) are aligned with, and directly related to, aca-
demic goals of the school or local educational agency; (viii) are developed with extensive participation of teachers, principals, other school leaders, parents, rep- resentatives of Indian tribes (as applicable), and ad-
ministrators of schools to be served under this Act;
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397 ESEA OF 1965 Sec. 8101
(ix) are designed to give teachers of English learn- ers, and other teachers and instructional staff, the knowledge and skills to provide instruction and appro- priate language and academic support services to those children, including the appropriate use of cur- ricula and assessments;
(x) to the extent appropriate, provide training for teachers, principals, and other school leaders in the use of technology (including education about the harms of copyright piracy), so that technology and technology applications are effectively used in the classroom to improve teaching and learning in the cur- ricula and academic subjects in which the teachers teach;
(xi) as a whole, are regularly evaluated for their impact on increased teacher effectiveness and im- proved student academic achievement, with the find- ings of the evaluations used to improve the quality of professional development;
(xii) are designed to give teachers of children with disabilities or children with developmental delays, and other teachers and instructional staff, the knowledge and skills to provide instruction and academic support services, to those children, including positive behav- ioral interventions and supports, multi-tier system of supports, and use of accommodations;
(xiii) include instruction in the use of data and as- sessments to inform and instruct classroom practice;
(xiv) include instruction in ways that teachers, principals, other school leaders, specialized instruc- tional support personnel, and school administrators may work more effectively with parents and families;
(xv) involve the forming of partnerships with insti- tutions of higher education, including, as applicable, Tribal Colleges and Universities as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)), to establish school-based teacher, principal, and other school leader training programs that provide prospective teachers, novice teachers, principals, and other school leaders with an opportunity to work under the guidance of experienced teachers, principals, other school leaders, and faculty of such institutions;
(xvi) create programs to enable paraprofessionals (assisting teachers employed by a local educational agency receiving assistance under part A of title I) to obtain the education necessary for those paraprofes- sionals to become certified and licensed teachers;
(xvii) provide follow-up training to teachers who have participated in activities described in this para- graph that are designed to ensure that the knowledge and skills learned by the teachers are implemented in the classroom; and
(xviii) where practicable, provide jointly for school staff and other early childhood education program pro-
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Sec. 8101 ESEA OF 1965 398
viders, to address the transition to elementary school,
including issues related to school readiness.
(43) REGULAR HIGH SCHOOL DIPLOMA.—The term ‘‘regular
high school diploma’’—
(A) means the standard high school diploma awarded
to the preponderance of students in the State that is fully aligned with State standards, or a higher diploma, except that a regular high school diploma shall not be aligned to the alternate academic achievement standards described in section 1111(b)(1)(E); and
(B) does not include a recognized equivalent of a di- ploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential.
(44) SCHOOL LEADER.—The term ‘‘school leader’’ means a
principal, assistant principal, or other individual who is—
(A) an employee or officer of an elementary school or secondary school, local educational agency, or other entity
operating an elementary school or secondary school; and (B) responsible for the daily instructional leadership and managerial operations in the elementary school or sec-
ondary school building.
(45) SECONDARY SCHOOL.—The term ‘‘secondary school’’ means a nonprofit institutional day or residential school, in- cluding a public secondary charter school, that provides sec- ondary education, as determined under State law, except that the term does not include any education beyond grade 12.
(46) SECRETARY.—The term ‘‘Secretary’’ means the Sec- retary of Education.
(47) SPECIALIZED INSTRUCTIONAL SUPPORT PERSONNEL; SPE- CIALIZED INSTRUCTIONAL SUPPORT SERVICES.—
(A) SPECIALIZED INSTRUCTIONAL SUPPORT PER- SONNEL.—The term ‘‘specialized instructional support per- sonnel’’ means—
(i) school counselors, school social workers, and school psychologists; and
(ii) other qualified professional personnel, such as school nurses, speech language pathologists, and school librarians, involved in providing assessment, di- agnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)) as part of a comprehensive program to meet student needs.
(B) SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES.—
The term ‘‘specialized instructional support services’’ means the services provided by specialized instructional support personnel.
(48) STATE.—The term ‘‘State’’ means each of the 50
States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.
(49) STATE EDUCATIONAL AGENCY.—The term ‘‘State edu- cational agency’’ means the agency primarily responsible for
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399 ESEA OF 1965 Sec. 8201
the State supervision of public elementary schools and sec- ondary schools.
(50) TECHNOLOGY.—The term ‘‘technology’’ means modern information, computer and communication technology products, services, or tools, including, the Internet and other communica- tions networks, computer devices and other computer and com- munications hardware, software applications, data systems, and other electronic content (including multimedia content) and data storage.
(51) UNIVERSAL DESIGN FOR LEARNING.—The term ‘‘uni- versal design for learning’’ has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
(52) WELL-ROUNDED EDUCATION.—The term ‘‘well-rounded education’’ means courses, activities, and programming in sub- jects such as English, reading or language arts, writing, science, technology, engineering, mathematics, foreign lan- guages, civics and government, economics, arts, history, geog- raphy, computer science, music, career and technical edu- cation, health, physical education, and any other subject, as de- termined by the State or local educational agency, with the purpose of providing all students access to an enriched cur- riculum and educational experience.
SEC. 8102. ø20 U.S.C. 7802¿ APPLICABILITY OF TITLE.
Parts B, C, D, E, and F of this title do not apply to title VII
of this Act.
SEC. 8103. ø20 U.S.C. 7803¿ APPLICABILITY TO BUREAU OF INDIAN EDU- CATION OPERATED SCHOOLS.
For the purpose of any competitive program under this Act— (1) a consortium of schools operated by the Bureau of In-
dian Education;
(2) a school operated under a contract or grant with the
Bureau of Indian Education in consortium with another con- tract or grant school or a tribal or community organization; or (3) a Bureau of Indian Education school in consortium with an institution of higher education, a contract or grant
school, or a tribal or community organization,
shall be given the same consideration as a local educational agency.
PART B—FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
SEC. 8201. ø20 U.S.C. 7821¿ CONSOLIDATION OF STATE ADMINISTRA- TIVE FUNDS FOR ELEMENTARY AND SECONDARY EDU- CATION PROGRAMS.
(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.—
(1) IN GENERAL.—A State educational agency may consoli- date the amounts specifically made available to it for State ad- ministration under one or more of the programs under para- graph (2) if the State educational agency can demonstrate that the majority of its resources are derived from non-Federal
sources.
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Sec. 8201 ESEA OF 1965 400
(2) APPLICABILITY.—This section applies to any program under this Act under which funds are authorized to be used for administration, and such other programs as the Secretary may designate.
(b) USE OF FUNDS.—
(1) IN GENERAL.—A State educational agency shall use the amount available under this section for the administration of the programs included in the consolidation under subsection (a).
(2) ADDITIONAL USES.—A State educational agency may also use funds available under this section for administrative activities designed to enhance the effective and coordinated use of funds under programs included in the consolidation under subsection (a), such as—
(A) the coordination of those programs with other Fed- eral and non-Federal programs;
(B) the establishment and operation of peer-review mechanisms under this Act;
(C) the administration of this title;
(D) the dissemination of information regarding model programs and practices;
(E) technical assistance under any program under this Act;
(F) State-level activities designed to carry out this title;
(G) training personnel engaged in audit and other monitoring activities;
(H) implementation of the Cooperative Audit Resolu- tion and Oversight Initiative of the Department; and
(I) implementation of fiscal support teams that provide technical fiscal support assistance, which shall include evaluating fiscal, administrative, and staffing functions, and any other key operational function.
(c) RECORDS.—A State educational agency that consolidates ad- ministrative funds under this section shall not be required to keep separate records, by individual program, to account for costs relat- ing to the administration of programs included in the consolidation under subsection (a).
(d) REVIEW.—To determine the effectiveness of State adminis- tration under this section, the Secretary may periodically review the performance of State educational agencies in using consolidated administrative funds under this section and take such steps as the Secretary finds appropriate to ensure the effectiveness of that ad- ministration.
(e) UNUSED ADMINISTRATIVE FUNDS.—If a State educational agency does not use all of the funds available to the agency under this section for administration, the agency may use those funds during the applicable period of availability as funds available under one or more programs included in the consolidation under subsection (a).
(f) CONSOLIDATION OF FUNDS FOR STANDARDS AND ASSESSMENT DEVELOPMENT.—In order to develop challenging State academic standards and assessments, a State educational agency may con-
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401 ESEA OF 1965 Sec. 8204
solidate the amounts described in subsection (a) for those purposes under title I.
SEC. 8202. ø20 U.S.C. 7822¿ SINGLE LOCAL EDUCATIONAL AGENCY STATES.
A State educational agency that also serves as a local edu- cational agency shall, in its applications or plans under this Act, describe how the agency will eliminate duplication in conducting administrative functions.
SEC. 8203. ø20 U.S.C. 7823¿ CONSOLIDATION OF FUNDS FOR LOCAL AD- MINISTRATION.
(a) GENERAL AUTHORITY.—In accordance with regulations of the Secretary and for any fiscal year, a local educational agency, with the approval of its State educational agency, may consolidate and use for the administration of one or more programs under this Act (or such other programs as the Secretary shall designate) not more than the percentage, established in each program, of the total available for the local educational agency under those programs.
(b) STATE PROCEDURES.—A State educational agency shall, in collaboration with local educational agencies in the State, establish procedures for responding to requests from local educational agen- cies to consolidate administrative funds under subsection (a) and for establishing limitations on the amount of funds under those programs that may be used for administration on a consolidated basis.
(c) CONDITIONS.—A local educational agency that consolidates administrative funds under this section for any fiscal year shall not use any other funds under the programs included in the consolida- tion for administration for that fiscal year.
(d) USES OF ADMINISTRATIVE FUNDS.—
(1) IN GENERAL.—A local educational agency that consoli-
dates administrative funds under this section may use the con- solidated funds for the administration of the programs and for uses, at the school district and school levels, comparable to those described in section 8201(b)(2).
(2) FISCAL SUPPORT TEAMS.—A local educational agency that uses funds as described in section 8201(b)(2)(I) may con- tribute State or local funds to expand the reach of such support without violating any supplement, not supplant requirement of any program contributing administrative funds.
(e) RECORDS.—A local educational agency that consolidates ad-
ministrative funds under this section shall not be required to keep separate records, by individual program, to account for costs relat- ing to the administration of the programs included in the consolida- tion.
SEC. 8204. ø20 U.S.C. 7824¿ CONSOLIDATED SET-ASIDE FOR DEPART- MENT OF THE INTERIOR FUNDS.
(a) GENERAL AUTHORITY.—
(1) TRANSFER.—The Secretary shall transfer to the Depart-
ment of the Interior, as a consolidated amount for covered pro- grams, the Indian education programs under part A of title VI, and the education for homeless children and youth program under subtitle B of title VII of the McKinney-Vento Homeless
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Sec. 8204 ESEA OF 1965 402
Assistance Act, the amounts allotted to the Department of the Interior under those programs.
(2) AGREEMENT.—
(A) IN GENERAL.—The Secretary and the Secretary of
the Interior shall enter into an agreement, consistent with the requirements of the programs specified in paragraph (1), for the distribution and use of those program funds under terms that the Secretary determines best meet the purposes of those programs.
(B) CONTENTS.—The agreement shall—
(i) set forth the plans of the Secretary of the Inte-
rior for the use of the amount transferred and the achievement measures to assess program effective- ness, including program objectives; and
(ii) be developed in consultation with Indian tribes.
(b) ADMINISTRATION.—The Department of the Interior may use not more than 1.5 percent of the funds consolidated under this sec- tion for its costs related to the administration of the funds trans- ferred under this section.
(c) ACCOUNTABILITY SYSTEM.—
(1) For the purposes of part A of title I, the Secretary of
Interior, in consultation with the Secretary, if the Secretary of the Interior requests the consultation, using a negotiated rule- making process to develop regulations for implementation no later than the 2017-2018 academic year, shall define the stand- ards, assessments, and accountability system consistent with section 1111, for the schools funded by the Bureau of Indian Education on a national, regional, or tribal basis, as appro- priate, taking into account the unique circumstances and needs of such schools and the students served by such schools.
(2) The tribal governing body or school board of a school funded by the Bureau of Indian Affairs may waive, in part or in whole, the requirements established pursuant to paragraph (1) where such requirements are determined by such body or school board to be inappropriate. If such requirements are waived, the tribal governing body or school board shall, within 60 days, submit to the Secretary of Interior a proposal for al- ternative standards, assessments, and an accountability sys- tem, if applicable, consistent with section 1111, that takes into account the unique circumstances and needs of such school or schools and the students served. The Secretary of the Interior and the Secretary shall approve such standards, assessments, and accountability system unless the Secretary determines that the standards, assessments, and accountability system do not meet the requirements of section 1111, taking into account the unique circumstances and needs of such school or schools and the students served.
(3) TECHNICAL ASSISTANCE.—The Secretary of Interior and the Secretary shall, either directly or through a contract, pro- vide technical assistance, upon request, to a tribal governing body or school board of a school funded by the Bureau of In- dian Affairs that seeks a waiver under paragraph (2).
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403 ESEA OF 1965 Sec. 8301
SEC. 8205. ø20 U.S.C. 7825¿ DEPARTMENT STAFF. The Secretary shall—
(1) not later than 60 days after the date of enactment of the Every Student Succeeds Act, identify the number of De- partment full-time equivalent employees who worked on or ad- ministered each education program or project authorized under this Act, as such program or project was in effect on the day before such date of enactment, and publish such information on the Department’s website;
(2) not later than 60 days after such date of enactment, identify the number of full-time equivalent employees who worked on or administered each program or project authorized under this Act, as such program or project was in effect on the day before such date of enactment, that has been eliminated or consolidated since such date of enactment;
(3) not later than 1 year after such date of enactment, re- duce the workforce of the Department by the number of full- time equivalent employees the Department identified under paragraph (2); and
(4) not later than 1 year after such date of enactment, re- port to Congress on—
(A) the number of full-time equivalent employees asso- ciated with each program or project authorized under this Act and administered by the Department;
(B) the number of full-time equivalent employees who were determined to be associated with eliminated or con- solidated programs or projects described in paragraph (2);
(C) how the Secretary has reduced the number of full- time equivalent employees as described in paragraph (3); (D) the average salary of the full-time equivalent em- ployees described in subparagraph (B) whose positions
were eliminated; and
(E) the average salary of the full-time equivalent em-
ployees who work on or administer a program or project authorized by the Department under this Act, disaggregated by employee function within each such pro- gram or project.
PART C—COORDINATION OF PROGRAMS; CON- SOLIDATED STATE AND LOCAL PLANS AND APPLICATIONS
SEC. 8301. ø20 U.S.C. 7841¿ PURPOSES. The purposes of this part are—
(1) to improve teaching and learning by encouraging great- er cross-program coordination, planning, and service delivery; (2) to provide greater flexibility to State and local authori- ties through consolidated plans, applications, and reporting;
and
(3) to enhance the integration of programs under this Act
with State and local programs.
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Sec. 8302 ESEA OF 1965 404
SEC. 8302. ø20 U.S.C. 7842¿ OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.
(a) GENERAL AUTHORITY.—
(1) SIMPLIFICATION.—In order to simplify application re-
quirements and reduce the burden for State educational agen- cies under this Act, the Secretary, in accordance with sub- section (b), shall establish procedures and criteria under which, after consultation with the Governor, a State educational agen- cy may submit a consolidated State plan or a consolidated State application meeting the requirements of this section for—
(A) each of the covered programs in which the State participates; and
(B) such other programs as the Secretary may des- ignate.
(2) CONSOLIDATED APPLICATIONS AND PLANS.—After con- sultation with the Governor, a State educational agency that submits a consolidated State plan or a consolidated State ap- plication under this section shall not be required to submit sep- arate State plans or applications under any of the programs to which the consolidated State plan or consolidated State appli- cation under this section applies.
(b) COLLABORATION.—
(1) IN GENERAL.—In establishing criteria and procedures
under this section, the Secretary shall collaborate with State educational agencies and, as appropriate, with other State agencies, local educational agencies, public and private agen- cies, organizations, and institutions, private schools, and rep- resentatives of parents, students, and teachers.
(2) CONTENTS.—Through the collaborative process de- scribed in paragraph (1), the Secretary shall establish, for each program under this Act to which this section applies, the de- scriptions, information, assurances, and other material re- quired to be included in a consolidated State plan or consoli- dated State application.
(3) NECESSARY MATERIALS.—The Secretary shall require only descriptions, information, assurances (including assur- ances of compliance with applicable provisions regarding par- ticipation by private school children and teachers), and other materials that are absolutely necessary for the consideration of the consolidated State plan or consolidated State application.
SEC. 8303. ø20 U.S.C. 7843¿ CONSOLIDATED REPORTING.
(a) IN GENERAL.—In order to simplify reporting requirements and reduce reporting burdens, the Secretary shall establish proce- dures and criteria under which a State educational agency, in con- sultation with the Governor of the State, may submit a consoli-
dated State annual report.
(b) CONTENTS.—The report shall contain information about the
programs included in the report, including the performance of the State under those programs, and other matters as the Secretary determines are necessary, such as monitoring activities.
(c) REPLACEMENT.—The report shall replace separate indi- vidual annual reports for the programs included in the consolidated State annual report.
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405 ESEA OF 1965 Sec. 8305
SEC. 8304. ø20 U.S.C. 7844¿ GENERAL APPLICABILITY OF STATE EDU- CATIONAL AGENCY ASSURANCES.
(a) ASSURANCES.—A State educational agency, in consultation with the Governor of the State, that submits a consolidated State plan or consolidated State application under this Act, whether sep- arately or under section 8302, shall have on file with the Secretary a single set of assurances, applicable to each program for which the plan or application is submitted, that provides that—
(1) each such program will be administered in accordance with all applicable statutes, regulations, program plans, and applications;
(2)(A) the control of funds provided under each such pro- gram and title to property acquired with program funds will be in a public agency, a eligible private agency, institution, or or- ganization, or an Indian tribe, if the law authorizing the pro- gram provides for assistance to those entities; and
(B) the public agency, eligible private agency, institution, or organization, or Indian tribe will administer those funds and property to the extent required by the authorizing law;
(3) the State will adopt and use proper methods of admin- istering each such program, including—
(A) the enforcement of any obligations imposed by law on agencies, institutions, organizations, and other recipi- ents responsible for carrying out each program;
(B) the correction of deficiencies in program operations that are identified through audits, monitoring, or evalua- tion; and
(C) the adoption of written procedures for the receipt and resolution of complaints alleging violations of law in the administration of the programs;
(4) the State will cooperate in carrying out any evaluation
of each such program conducted by or for the Secretary or other Federal officials;
(5) the State will use such fiscal control and fund account- ing procedures as will ensure proper disbursement of, and ac- counting for, Federal funds paid to the State under each such program;
(6) the State will—
(A) make reports to the Secretary as may be necessary
to enable the Secretary to perform the Secretary’s duties under each such program; and
(B) maintain such records, provide such information to the Secretary, and afford such access to the records as the Secretary may find necessary to carry out the Secretary’s duties; and
(7) before the plan or application was submitted to the Sec-
retary, the State afforded a reasonable opportunity for public comment on the plan or application and considered such com- ment.
(b) GEPA PROVISION.—Section 441 of the General Education
Provisions Act shall not apply to programs under this Act.
SEC. 8305. ø20 U.S.C. 7845¿ CONSOLIDATED LOCAL PLANS OR APPLICA- TIONS.
(a) GENERAL AUTHORITY.—
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Sec. 8306 ESEA OF 1965 406
(1) CONSOLIDATED PLAN.—A local educational agency re- ceiving funds under more than one covered program may sub- mit plans or applications to the State educational agency under those programs on a consolidated basis.
(2) AVAILABILITY TO GOVERNOR.—The State educational agency shall make any consolidated local plans and applica- tions available to the Governor.
(b) REQUIRED CONSOLIDATED PLANS OR APPLICATIONS.—A
State educational agency that has an approved consolidated State plan or application under section 8302 may require local edu- cational agencies in the State receiving funds under more than one program included in the consolidated State plan or consolidated State application to submit consolidated local plans or applications under those programs, but may not require those agencies to sub- mit separate plans.
(c) COLLABORATION.—A State educational agency, in consulta- tion with the Governor, shall collaborate with local educational agencies in the State in establishing procedures for the submission of the consolidated State plans or consolidated State applications under this section.
(d) NECESSARY MATERIALS.—The State educational agency shall require only descriptions, information, assurances, and other material that are absolutely necessary for the consideration of the local educational agency plan or application.
(e) RURAL CONSOLIDATED PLAN.—
(1) IN GENERAL.—Two or more eligible local educational
agencies, a consortium of eligible local educational service agencies, or an educational service agency on behalf of eligible local educational agencies may submit plans or applications for 1 or more covered programs to the State educational agency on a consolidated basis, if each eligible local educational agency impacted elects to participate in the joint application or elects to allow the educational service agency to apply on its behalf.
(2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—For the pur- poses of this subsection, the term ‘‘eligible local educational agency’’ means a local educational agency that is an eligible local educational agency under part B of title V.
SEC. 8306. ø20 U.S.C. 7846¿ OTHER GENERAL ASSURANCES.
(a) ASSURANCES.—Any applicant, other than a State edu- cational agency that submits a plan or application under this Act, shall have on file with the State educational agency a single set of assurances, applicable to each program for which a plan or applica-
tion is submitted, that provides that—
(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and applications;
(2)(A) the control of funds provided under each such pro- gram and title to property acquired with program funds will be in a public agency or in a eligible private agency, institution, organization, or Indian tribe, if the law authorizing the pro- gram provides for assistance to those entities; and
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407 ESEA OF 1965 Sec. 8401
(B) the public agency, eligible private agency, institution, or organization, or Indian tribe will administer the funds and property to the extent required by the authorizing statutes;
(3) the applicant will adopt and use proper methods of ad- ministering each such program, including—
(A) the enforcement of any obligations imposed by law on agencies, institutions, organizations, and other recipi- ents responsible for carrying out each program; and
(B) the correction of deficiencies in program operations that are identified through audits, monitoring, or evalua- tion;
(4) the applicant will cooperate in carrying out any evalua-
tion of each such program conducted by or for the State edu- cational agency, the Secretary, or other Federal officials;
(5) the applicant will use such fiscal control and fund ac- counting procedures as will ensure proper disbursement of, and accounting for, Federal funds paid to the applicant under each such program;
(6) the applicant will—
(A) submit such reports to the State educational agen-
cy (which shall make the reports available to the Gov- ernor) and the Secretary as the State educational agency and Secretary may require to enable the State educational agency and the Secretary to perform their duties under each such program; and
(B) maintain such records, provide such information, and afford such access to the records as the State edu- cational agency (after consultation with the Governor) or the Secretary may reasonably require to carry out the State educational agency’s or the Secretary’s duties; and (7) before the application was submitted, the applicant af-
forded a reasonable opportunity for public comment on the ap- plication and considered such comment.
(b) GEPA PROVISION.—Section 442 of the General Education
Provisions Act shall not apply to programs under this Act.
PART D—WAIVERS
SEC. 8401. ø20 U.S.C. 7861¿ WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
(a) IN GENERAL.—
(1) REQUEST FOR WAIVER BY STATE OR INDIAN TRIBE.—A
State educational agency or Indian tribe that receives funds under a program authorized under this Act may submit a re- quest to the Secretary to waive any statutory or regulatory re- quirement of this Act.
(2) LOCAL EDUCATIONAL AGENCY AND SCHOOL REQUESTS SUBMITTED THROUGH THE STATE.—
(A) REQUEST FOR WAIVER BY LOCAL EDUCATIONAL AGENCY.—A local educational agency that receives funds under a program authorized under this Act and desires a waiver of any statutory or regulatory requirement of this Act shall submit a request containing the information de- scribed in subsection (b)(1) to the appropriate State edu-
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Sec. 8401
ESEA OF 1965 408
cational agency. The State educational agency may then submit the request to the Secretary if the State edu- cational agency determines the waiver appropriate.
(B) REQUEST FOR WAIVER BY SCHOOL.—An elementary school or secondary school that desires a waiver of any statutory or regulatory requirement of this Act shall sub- mit a request containing the information described in sub- section (b)(1) to the local educational agency serving the school. The local educational agency may then submit the request to the State educational agency in accordance with subparagraph (A) if the local educational agency deter- mines the waiver appropriate.
(3) RECEIPT OF WAIVER.—Except as provided in subsection
(b)(4) or (c), the Secretary may waive any statutory or regu- latory requirement of this Act for which a waiver request is submitted to the Secretary pursuant to this subsection.
(b) REQUEST FOR WAIVER.—
(1) IN GENERAL.—A State educational agency, acting on its own behalf or on behalf of a local educational agency in accord- ance with subsection (a)(2), or Indian tribe that desires a waiv- er shall submit a waiver request to the Secretary, which shall include a plan that—
(A) identifies the Federal programs affected by the re- quested waiver;
(B) describes which Federal statutory or regulatory re- quirements are to be waived;
(C) describes how the waiving of such requirements will advance student academic achievement;
(D) describes the methods the State educational agen- cy, local educational agency, school, or Indian tribe will use to monitor and regularly evaluate the effectiveness of the implementation of the plan;
(E) includes only information directly related to the waiver request; and
(F) describes how schools will continue to provide as- sistance to the same populations served by programs for which waivers are requested and, if the waiver relates to provisions of subsections (b) or (h) of section 1111, de- scribes how the State educational agency, local educational agency, school, or Indian tribe will maintain or improve transparency in reporting to parents and the public on stu- dent achievement and school performance, including the achievement of the subgroups of students identified in sec- tion 1111(b)(2)(B)(xi).
(2) ADDITIONAL INFORMATION.—Such requests—
(A) may provide for waivers of requirements applicable to State educational agencies, local educational agencies, Indian tribes, and schools; and
(B) shall be developed and submitted—
(i)(I) by local educational agencies (on behalf of
those agencies and schools) to State educational agen- cies; and
(II) by State educational agencies (on behalf of those agencies or on behalf of, and based on the re-
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409 ESEA OF 1965 Sec. 8401
quests of, local educational agencies in the State) to the Secretary; or
(ii) by Indian tribes (on behalf of schools operated by the tribes) to the Secretary.
(3) GENERAL REQUIREMENTS.—
(A) STATE EDUCATIONAL AGENCIES.—In the case of a
waiver request submitted by a State educational agency acting on its own behalf, or on behalf of local educational agencies in the State under subsection (a)(2), the State educational agency shall—
(i) provide the public and any interested local edu- cational agency in the State with notice and a reason- able opportunity to comment and provide input on the request, to the extent that the request impacts the local educational agency;
(ii) submit the comments and input to the Sec- retary, with a description of how the State addressed the comments and input; and
(iii) provide notice and a reasonable time to com- ment to the public and local educational agencies in the manner in which the applying agency customarily provides similar notice and opportunity to comment to the public.
(B) LOCAL EDUCATIONAL AGENCIES.—In the case of a
waiver request submitted by a local educational agency that receives funds under this Act—
(i) the request shall be reviewed and approved by the State educational agency in accordance with sub- section (a)(2) before being submitted to the Secretary and be accompanied by the comments, if any, of the State educational agency and the public; and
(ii) notice and a reasonable opportunity to com- ment regarding the waiver request shall be provided to the State educational agency and the public by the agency requesting the waiver in the manner in which that agency customarily provides similar notice and opportunity to comment to the public.
(4) WAIVER DETERMINATION, DEMONSTRATION, AND REVI- SION.—
(A) IN GENERAL.—The Secretary shall issue a written determination regarding the initial approval or dis- approval of a waiver request not more than 120 days after the date on which such request is submitted. Initial dis- approval of such request shall be based on the determina- tion of the Secretary that—
(i) the waiver request does not meet the require- ments of this section;
(ii) the waiver is not permitted under subsection (c);
(iii) the description required under paragraph (1)(C) in the plan provides insufficient information to demonstrate that the waiving of such requirements will advance student academic achievement consistent with the purposes of this Act; or
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Sec. 8401
ESEA OF 1965 410
(iv) the waiver request does not provide for ade- quate evaluation to ensure review and continuous im- provement of the plan.
(B) WAIVER DETERMINATION AND REVISION.—Upon the
initial determination of disapproval under subparagraph (A), the Secretary shall—
(i) immediately—
(I) notify the State educational agency, local
educational agency (through the State educational agency), school (through the local educational agency), or Indian tribe, as applicable, of such de- termination; and
(II) provide detailed reasons for such deter- mination in writing to the applicable entity under subclause (I) to the public, such as posting in a clear and easily accessible format to the Depart- ment’s website;
(ii) offer the State educational agency, local edu- cational agency (through the State educational agen- cy), school (through the local educational agency), or Indian tribe an opportunity to revise and resubmit the waiver request by a date that is not more than 60 days after the date of such determination; and
(iii) if the Secretary determines that the resubmis- sion under clause (ii) does not meet the requirements of this section, at the request of the State educational agency, local educational agency, school, or Indian tribe, conduct a hearing not more than 30 days after the date of such resubmission.
(C) WAIVER DISAPPROVAL.—The Secretary may ulti-
mately disapprove a waiver request if—
(i) the State educational agency, local educational
agency, school, or Indian tribe has been notified and offered an opportunity to revise and resubmit the waiver request, as described under clauses (i) and (ii) of subparagraph (B); and
(ii) the State educational agency, local educational agency (through the State educational agency), school (through the local educational agency), or Indian tribe—
(I) does not revise and resubmit the waiver request; or
(II) revises and resubmits the waiver request, and the Secretary determines that such waiver re- quest does not meet the requirements of this sec- tion after a hearing conducted under subpara- graph (B)(iii), if such a hearing is requested.
(D) EXTERNAL CONDITIONS.—The Secretary shall not disapprove a waiver request under this section based on conditions outside the scope of the waiver request.
(c) RESTRICTIONS.—The Secretary shall not waive under this section any statutory or regulatory requirements relating to—
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411 ESEA OF 1965 Sec. 8401
(1) the allocation or distribution of funds to States, local educational agencies, Indian tribes, or other recipients of funds under this Act;
(2) maintenance of effort;
(3) comparability of services;
(4) use of Federal funds to supplement, not supplant, non-
Federal funds;
(5) equitable participation of private school students and
teachers;
(6) parental participation and involvement;
(7) applicable civil rights requirements;
(8) the requirement for a charter school under part C of
title IV;
(9) the prohibitions—
(A) in subpart 2 of part F;
(B) regarding use of funds for religious worship or in- struction in section 8505; and
(C) regarding activities in section 8526; or
(10) the selection of a school attendance area or school under subsections (a) and (b) of section 1113, except that the Secretary may grant a waiver to allow a school attendance area or school to participate in activities under part A of title I if the percentage of children from low-income families in the school attendance area or who attend the school is not more than 10 percentage points below the lowest percentage of those children for any school attendance area or school of the local educational agency that meets the requirements of subsections
(a) and (b) of section 1113.
(d) DURATION AND EXTENSION OF WAIVER; LIMITATIONS.—
(1) IN GENERAL.—Except as provided in paragraph (2), a waiver approved by the Secretary under this section may be for a period not to exceed 4 years.
(2) EXTENSION.—The Secretary may extend the period de- scribed in paragraph (1) if the State demonstrates that—
(A) the waiver has been effective in enabling the State or affected recipient to carry out the activities for which the waiver was requested and the waiver has contributed to improved student achievement; and
(B) the extension is in the public interest.
(3) SPECIFIC LIMITATIONS.—The Secretary shall not require a State educational agency, local educational agency, school, or Indian tribe, as a condition of approval of a waiver request,
to—
February 1, 2023
(A) include in, or delete from, such request, specific academic standards, such as the Common Core State Standards developed under the Common Core State Stand- ards Initiative or any other standards common to a signifi- cant number of States;
(B) use specific academic assessment instruments or items, including assessments aligned to the standards de- scribed in subparagraph (A); or
(C) include in, or delete from, such waiver request any specific elements of—
(i) State academic standards;
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(ii) academic assessments;
(iii) State accountability systems; or
(iv) teacher and school leader evaluation systems.
(e) REPORTS.—A State educational agency, local educational agency, school, or Indian tribe receiving a waiver under this section shall describe, as part of, and pursuant to, the required annual re- porting under section 1111(h)—
(1) the progress of schools covered under the provisions of such waiver toward improving student academic achievement; and
(2) how the use of the waiver has contributed to such progress.
(f) TERMINATION OF WAIVERS.—The Secretary shall terminate a waiver under this section if, after notice and an opportunity for a hearing, the Secretary—
(A)14 presents a rationale and supporting information that clearly demonstrates that the waiver is not contrib- uting to the progress of schools described in subsection (e)(1); or
(B) determines that the waiver is no longer necessary to achieve its original purposes.
(g) PUBLICATION.—A notice of the Secretary’s decision to grant each waiver under subsection (a) shall be published in the Federal Register and the Secretary shall provide for the dissemination of the notice to State educational agencies, interested parties, includ- ing educators, parents, students, advocacy and civil rights organi- zations, and the public.
PART E—APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL APPLICATIONS
SEC. 8451. ø20 U.S.C. 7871¿ APPROVAL AND DISAPPROVAL OF STATE PLANS.
(a) APPROVAL.—A plan submitted by a State pursuant to sec- tion 2101(d), 4103(c), 4203, or 8302 shall be approved by the Sec- retary unless the Secretary makes a written determination (which shall include the supporting information and rationale supporting such determination), prior to the expiration of the 120-day period beginning on the date on which the Secretary received the plan, that the plan is not in compliance with section 2101(d), 4103(c), or 4203, or part C, respectively.
(b) DISAPPROVAL PROCESS.—
(1) IN GENERAL.—The Secretary shall not finally dis-
approve a plan submitted under section 2101(d), 4103(c), 4203, or 8302, except after giving the State educational agency notice and an opportunity for a hearing.
(2) NOTIFICATIONS.—If the Secretary finds that the plan is not in compliance, in whole or in part, with section 2101(d), 4103(c), or 4203, or part C, as applicable, the Secretary shall—
(A) immediately notify the State of such determina- tion;
14 So in law. Subparagraphs (A) and (B) (as added by section 8013(6) of Public Law 114–95) should be redesignated as paragraphs (1) and (2) and the margins should be moved to the left.
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413 ESEA OF 1965 Sec. 8452
(B) provide a detailed description of the specific provi- sions of the plan that the Secretary determines fail to meet the requirements, in whole or in part, of such section or part, as applicable;
(C) offer the State an opportunity to revise and resub- mit its plan within 45 days of such determination, includ- ing the chance for the State to present supporting informa- tion to clearly demonstrate that the State plan meets the requirements of such section or part, as applicable;
(D) provide technical assistance, upon request of the State, in order to assist the State to meet the require- ments of such section or part, as applicable;
(E) conduct a hearing within 30 days of the plan’s re- submission under subparagraph (C), unless a State de- clines the opportunity for such hearing; and
(F) request additional information, only as to the non- compliant provisions, needed to make the plan compliant. (3) RESPONSE.—If the State educational agency responds to
the Secretary’s notification described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the date on which the State educational agency received the notification, and resubmits the plan as described in paragraph (2)(C), the Secretary shall approve such plan unless the Secretary deter- mines the plan does not meet the requirements of section 2101(d), 4103(c), or 4203, or part C, as applicable.
(4) FAILURE TO RESPOND.—If the State educational agency does not respond to the Secretary’s notification described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the date on which the State educational agency received the notification, such plan shall be deemed to be dis- approved.
(c) LIMITATION.—A plan submitted under section 2101(d),
4103(c), 4203, or 8302 shall not be approved or disapproved based upon the nature of the activities proposed within such plan if such proposed activities meet the applicable program requirements.
(d) PEER-REVIEW REQUIREMENTS.—Notwithstanding any other requirements of this part, the Secretary shall ensure that any por- tion of a consolidated State plan that is related to part A of title I is subject to the peer-review process described in section 1111(a)(4).
SEC. 8452. ø20 U.S.C. 7872¿ APPROVAL AND DISAPPROVAL OF LOCAL EDUCATIONAL AGENCY APPLICATIONS.
(a) APPROVAL.—An application submitted by a local edu- cational agency pursuant to section 2102(b), 4106, 4204(b) or 8305, shall be approved by the State educational agency unless the State educational agency makes a written determination (which shall in- clude the supporting information and rationale for such determina- tion), prior to the expiration of the 120-day period beginning on the date on which the State educational agency received the applica- tion, that the application is not in compliance with section 2102(b), 4106, or 4204(b), or part C, respectively.
(b) DISAPPROVAL PROCESS.—
(1) IN GENERAL.—The State educational agency shall not
finally disapprove an application submitted under section
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2102(b), 4106, 4204(b) or 8305 except after giving the local educational agency notice and opportunity for a hearing.
(2) NOTIFICATIONS.—If the State educational agency finds that the application submitted under section 2102(b), 4106, 4204(b) or 8305 is not in compliance, in whole or in part, with section 2102(b), 4106, or 4204(b), or part C, respectively, the State educational agency shall—
(A) immediately notify the local educational agency of such determination;
(B) provide a detailed description of the specific provi- sions of the application that the State determines fail to meet the requirements, in whole or in part, of such section or part, as applicable;
(C) offer the local educational agency an opportunity to revise and resubmit its application within 45 days of such determination, including the chance for the local edu- cational agency to present supporting information to clear- ly demonstrate that the application meets the require- ments of such section or part;
(D) provide technical assistance, upon request of the local educational agency, in order to assist the local edu- cational agency to meet the requirements of such section or part, as applicable;
(E) conduct a hearing within 30 days of the applica- tion’s resubmission under subparagraph (C), unless a local educational agency declines the opportunity for such a hearing; and
(F) request additional information, only as to the non- compliant provisions, needed to make the application com- pliant.
(3) RESPONSE.—If the local educational agency responds to
the State educational agency’s notification described in para- graph (2)(A) prior to the expiration of the 45-day period begin- ning on the date on which the local educational agency re- ceived the notification, and resubmits the application as de- scribed in paragraph (2)(C), the State educational agency shall approve such application unless the State educational agency determines the application does not meet the requirements of this part.
(4) FAILURE TO RESPOND.—If the local educational agency does not respond to the State educational agency’s notification described in paragraph (2)(A) prior to the expiration of the 45- day period beginning on the date on which the local edu- cational agency received the notification, such application shall be deemed to be disapproved.
PART F—UNIFORM PROVISIONS Subpart 1—Private Schools
SEC. 8501. ø20 U.S.C. 7881¿ PARTICIPATION BY PRIVATE SCHOOL CHIL- DREN AND TEACHERS.
(a) PRIVATE SCHOOL PARTICIPATION.—
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415 ESEA OF 1965 Sec. 8501
(1) IN GENERAL.—Except as otherwise provided in this Act, to the extent consistent with the number of eligible children in areas served by a State educational agency, local educational agency, educational service agency, consortium of those agen- cies, or another entity receiving financial assistance under a program specified in subsection (b), who are enrolled in private elementary schools and secondary schools in areas served by such agency, consortium, or entity, the agency, consortium, or entity shall, after timely and meaningful consultation with ap- propriate private school officials provide to those children and their teachers or other educational personnel, on an equitable basis, special educational services or other benefits that ad- dress their needs under the program.
(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL SERVICES OR BENEFITS.—Educational services or other benefits, including materials and equipment, provided under this section, shall be secular, neutral, and nonideological.
(3) SPECIAL RULE.—
(A) IN GENERAL.—Educational services and other bene-
fits provided under this section for private school children, teachers, and other educational personnel shall be equi- table in comparison to services and other benefits for pub- lic school children, teachers, and other educational per- sonnel participating in the program and shall be provided in a timely manner.
(B) OMBUDSMAN.—To help ensure equitable services are provided to private school children, teachers, and other educational personnel under this section, the State edu- cational agency involved shall direct the ombudsman des- ignated by the agency under section 1117 to monitor and enforce the requirements of this section.
(4) EXPENDITURES.—
(A) IN GENERAL.—Expenditures for educational serv- ices and other benefits provided under this section for eli- gible private school children, their teachers, and other edu- cational personnel serving those children shall be equal, taking into account the number and educational needs of the children to be served, to the expenditures for partici- pating public school children.
(B) OBLIGATION OF FUNDS.—Funds allocated to a local educational agency for educational services and other ben- efits to eligible private school children shall be obligated in the fiscal year for which the funds are received by the agency.
(C) NOTICE OF ALLOCATION.—Each State educational agency shall provide notice in a timely manner to the ap- propriate private school officials in the State of the alloca- tion of funds for educational services and other benefits under this subpart that the local educational agencies have determined are available for eligible private school children.
(5) PROVISION OF SERVICES.—An agency, consortium, or en-
tity described in subsection (a)(1) of this section may provide
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Sec. 8501 ESEA OF 1965 416
those services directly or through contracts with public and private agencies, organizations, and institutions.
(b) APPLICABILITY.—
(1) IN GENERAL.—This section applies to programs under— (A) part C of title I;
(B) part A of title II;
(C) part A of title III;
(D) part A of title IV;
(E) part B of title IV; and
(F) section 4631, with regard to Project SERV.
(2) DEFINITION.—For the purpose of this section, the term ‘‘eligible children’’ means children eligible for services under a program described in paragraph (1).
(c) CONSULTATION.—
(1) IN GENERAL.—To ensure timely and meaningful con- sultation, a State educational agency, local educational agency, educational service agency, consortium of those agencies, or en- tity shall consult with appropriate private school officials. Such agency and private school officials shall both have the goal of reaching agreement on how to provide equitable and effective programs for eligible private school children, on issues such as—
(A) how the children’s needs will be identified;
(B) what services will be offered;
(C) how, where, and by whom the services will be pro-
vided;
(D) how the services will be assessed and how the re-
sults of the assessment will be used to improve those serv- ices;
(E) the size and scope of the equitable services to be provided to the eligible private school children, teachers, and other educational personnel, the amount of funds available for those services, and how that amount is deter- mined;
(F) how and when the agency, consortium, or entity will make decisions about the delivery of services, includ- ing a thorough consideration and analysis of the views of the private school officials on the provision of services through potential third-party providers; and
(G) whether the agency, consortium, or entity shall provide services directly or through a separate government agency, consortium, or entity, or through a third-party con- tractor; and
(H) whether to provide equitable services to eligible private school children—
(i) by creating a pool or pools of funds with all of the funds allocated under subsection (a)(4)(C) based on all the children from low-income families in a partici- pating school attendance area who attend private schools; or
(ii) in the agency’s participating school attendance area who attend private schools with the proportion of funds allocated under subsection (a)(4)(C) based on the
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417 ESEA OF 1965 Sec. 8501
number of children from low-income families who at-
tend private schools.
(2) DISAGREEMENT.—If the agency, consortium, or entity
disagrees with the views of the private school officials on the provision of services through a contract, the agency, consor- tium, or entity shall provide to the private school officials a written explanation of the reasons why the local educational agency has chosen not to use a contractor.
(3) TIMING.—The consultation required by paragraph (1) shall occur before the agency, consortium, or entity makes any decision that affects the opportunities of eligible private school children, teachers, and other educational personnel to partici- pate in programs under this Act, and shall continue through- out the implementation and assessment of activities under this section.
(4) DISCUSSION REQUIRED.—The consultation required by paragraph (1) shall include a discussion of service delivery mechanisms that the agency, consortium, or entity could use to provide equitable services to eligible private school children, teachers, administrators, and other staff.
(5)15 DOCUMENTATION.—Each local educational agency shall maintain in the agency’s records, and provide to the State educational agency involved, a written affirmation signed by officials of each participating private school that the meaning- ful consultation required by this section has occurred. The written affirmation shall provide the option for private school officials to indicate such officials’ belief that timely and mean- ingful consultation has not occurred or that the program de- sign is not equitable with respect to eligible private school chil- dren. If such officials do not provide such affirmation within a reasonable period of time, the local educational agency shall forward the documentation that such consultation has, or at- tempts at such consultation have, taken place to the State edu- cational agency.
(6)15 COMPLIANCE.—
(A) IN GENERAL.—If the consultation required under
this section is with a local educational agency or edu- cational service agency, a private school official shall have the right to file a complaint with the State educational agency that the consultation required under this section was not meaningful and timely, did not give due consider- ation to the views of the private school official, or did not make a decision that treats the private school or its stu- dents equitably as required by this section.
(B) PROCEDURE.—If the private school official wishes to file a complaint, the private school official shall provide the basis of the noncompliance and all parties shall pro- vide the appropriate documentation to the appropriate offi- cials.
(C) SERVICES.—A State educational agency shall pro- vide services under this section directly or through con-
15 The placement of paragraphs (5) and (6) at the end of subsection (c) reflects the probable intent of Congress. See the amendment made by section 8015(4) of Public Law 114–95, which technically adds these paragraphs at the end of the section.
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Sec. 8502
ESEA OF 1965 418
tracts with public and private agencies, organizations, and institutions, if the appropriate private school officials have—
(i) requested that the State educational agency provide such services directly; and
(ii) demonstrated that the local educational agency involved has not met the requirements of this section in accordance with the procedures for making such a request, as prescribed by the State educational agency.
(d) PUBLIC CONTROL OF FUNDS.—
(1) IN GENERAL.—The control of funds used to provide
services under this section, and title to materials, equipment, and property purchased with those funds, shall be in a public agency for the uses and purposes provided in this Act, and a public agency shall administer the funds and property.
(2) PROVISION OF SERVICES.—
(A) IN GENERAL.—The provision of services under this
section shall be provided—
(i) by employees of a public agency; or
(ii) through contract by the public agency with an
individual, association, agency, organization, or other entity.
(B) INDEPENDENCE; PUBLIC AGENCY.—In the provision
of those services, the employee, person, association, agen- cy, organization, or other entity shall be independent of the private school and of any religious organization, and the employment or contract shall be under the control and supervision of the public agency.
(C) COMMINGLING OF FUNDS PROHIBITED.—Funds used to provide services under this section shall not be commin- gled with non-Federal funds.
SEC. 8502. ø20 U.S.C. 7882¿ STANDARDS FOR BY-PASS.
(a) IN GENERAL.—If, by reason of any provision of law, a State
educational agency, local educational agency, educational service agency, consortium of those agencies, or other entity is prohibited from providing for the participation in programs of children en- rolled in, or teachers or other educational personnel from, private elementary schools and secondary schools, on an equitable basis, or if the Secretary determines that the agency, consortium, or entity has substantially failed or is unwilling to provide for that participa- tion, as required by section 8501, the Secretary shall—
(1) waive the requirements of that section for the agency, consortium, or entity; and
(2) arrange for the provision of equitable services to those children, teachers, or other educational personnel through ar- rangements that shall be subject to the requirements of this section and of sections 8501, 8503, and 8504.
(b) DETERMINATION.—In making the determination under sub- section (a), the Secretary shall consider one or more factors, includ- ing the quality, size, scope, and location of the program, and the opportunity of private school children, teachers, and other edu- cational personnel to participate in the program.
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SEC. 8503. ø20 U.S.C. 7883¿ COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL CHILDREN.
(a) PROCEDURES FOR COMPLAINTS.—The Secretary shall de- velop and implement written procedures for receiving, inves- tigating, and resolving complaints from parents, teachers, or other individuals and organizations concerning violations of section 8501 by a State educational agency, local educational agency, edu- cational service agency, consortium of those agencies, or entity. The individual or organization shall submit the complaint to the State educational agency for a written resolution by the State edu- cational agency within 45 days.
(b) APPEALS TO SECRETARY.—The resolution may be appealed by an interested party to the Secretary not later than 30 days after the State educational agency resolves the complaint or fails to re- solve the complaint within the 45-day time limit. The appeal shall be accompanied by a copy of the State educational agency’s resolu- tion, and, if there is one, a complete statement of the reasons sup- porting the appeal. The Secretary shall investigate and resolve the appeal not later than 90 days after receipt of the appeal.
SEC. 8504. ø20 U.S.C. 7884¿ BY-PASS DETERMINATION PROCESS. (a) REVIEW.—
(1) IN GENERAL.—
(A) WRITTEN OBJECTIONS.—The Secretary shall not
take any final action under section 8502 until the State educational agency, local educational agency, educational service agency, consortium of those agencies, or entity af- fected by the action has had an opportunity, for not less than 45 days after receiving written notice thereof, to sub- mit written objections and to appear before the Secretary to show cause why that action should not be taken.
(B) PRIOR TO REDUCTION.—Pending final resolution of any investigation or complaint that could result in a deter- mination under this section, the Secretary may withhold from the allocation of the affected State educational agency or local educational agency the amount estimated by the Secretary to be necessary to pay the cost of those services. (2) PETITION FOR REVIEW.—
(A) PETITION.—If the affected agency, consortium, or entity is dissatisfied with the Secretary’s final action after a proceeding under paragraph (1), the agency, consortium, or entity may, within 60 days after notice of that action, file with the United States court of appeals for the circuit in which the State is located a petition for review of that action.
(B) TRANSMISSION.—A copy of the petition shall be forthwith transmitted by the clerk of the court to the Sec- retary.
(C) FILING.—The Secretary, upon receipt of the copy of the petition, shall file in the court the record of the pro- ceedings on which the Secretary based the action, as pro- vided in section 2112 of title 28, United States Code.
(3) FINDINGS OF FACT.—
(A) IN GENERAL.—The findings of fact by the Sec- retary, if supported by substantial evidence, shall be con-
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Sec. 8505
ESEA OF 1965 420
clusive, but the court, for good cause shown, may remand the case to the Secretary to take further evidence and the Secretary may then make new or modified findings of fact and may modify the Secretary’s previous action, and shall file in the court the record of the further proceedings.
(B) NEW OR MODIFIED FINDINGS.—Any new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
(4) JURISDICTION.—
(A) IN GENERAL.—Upon the filing of a petition, the court shall have jurisdiction to affirm the action of the Sec- retary or to set the action aside, in whole or in part.
(B) JUDGMENT.—The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in sec- tion 1254 of title 28, United States Code. DETERMINATION.—Any determination by the Secretary
(b)
under this section shall continue in effect until the Secretary deter- mines, in consultation with that agency, consortium, or entity and representatives of the affected private school children, teachers, or other educational personnel, that there will no longer be any fail- ure or inability on the part of the agency, consortium, or entity to meet the applicable requirements of section 8501 or any other pro- vision of this Act.
(c) PAYMENT FROM STATE ALLOTMENT.—When the Secretary arranges for services pursuant to this section, the Secretary shall, after consultation with the appropriate public and private school of- ficials, pay the cost of those services, including the administrative costs of arranging for those services, from the appropriate alloca- tion or allocations under this Act.
(d) PRIOR DETERMINATION.—Any by-pass determination by the Secretary under this Act as in effect on the day preceding the date of enactment of the No Child Left Behind Act of 2001 shall remain in effect to the extent the Secretary determines that that deter- mination is consistent with the purpose of this section.
SEC. 8505. ø20 U.S.C. 7885¿ PROHIBITION AGAINST FUNDS FOR RELI- GIOUS WORSHIP OR INSTRUCTION.
Nothing contained in this Act shall be construed to authorize the making of any payment under this Act for religious worship or instruction.
SEC. 8506. ø20 U.S.C. 7886¿ PRIVATE, RELIGIOUS, AND HOME SCHOOLS. (a) APPLICABILITY TO NONRECIPIENT PRIVATE SCHOOLS.—Noth- ing in this Act shall be construed to affect any private school that does not receive funds or services under this Act, nor shall any stu- dent who attends a private school that does not receive funds or services under this Act be required to participate in any assess-
ment referenced in this Act.
(b) APPLICABILITY TO HOME SCHOOLS.—Nothing in this Act
shall be construed to affect a home school, whether or not a home school is treated as a home school or a private school under State law, nor shall any student schooled at home be required to partici- pate in any assessment referenced in this Act.
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421 ESEA OF 1965 Sec. 8521
(c) RULE OF CONSTRUCTION ON PROHIBITION OF FEDERAL CON- TROL OVER NONPUBLIC SCHOOLS.—Nothing in this Act shall be con- strued to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to bar private, religious, or home schools from participation in programs or serv- ices under this Act.
(d) RULE OF CONSTRUCTION ON STATE AND LOCAL EDU- CATIONAL AGENCY MANDATES.—Nothing in this Act shall be con- strued to require any State educational agency or local educational agency that receives funds under this Act to mandate, direct, or control the curriculum of a private or home school, regardless or whether or not a home school is treated as a private school under state law, nor shall any funds under this Act be used for this pur- pose.
Subpart 2—Other Provisions
SEC. 8521. ø20 U.S.C. 7901¿ MAINTENANCE OF EFFORT.
(a) IN GENERAL.—A local educational agency may receive funds
under a covered program for any fiscal year only if the State edu- cational agency finds that either the combined fiscal effort per stu- dent or the aggregate expenditures of the agency and the State with respect to the provision of free public education by the agency for the preceding fiscal year was not less than 90 percent of the combined fiscal effort or aggregate expenditures for the second pre- ceding fiscal year, subject to the requirements of subsection (b).
(b) REDUCTION IN CASE OF FAILURE TO MEET.—
(1) IN GENERAL.—The State educational agency shall re-
duce the amount of the allocation of funds under a covered pro- gram in any fiscal year in the exact proportion by which a local educational agency fails to meet the requirement of subsection (a) of this section by falling below 90 percent of both the com- bined fiscal effort per student and aggregate expenditures (using the measure most favorable to the local agency), if such local educational agency has also failed to meet such require- ment (as determined using the measure most favorable to the local agency) for 1 or more of the 5 immediately preceding fis- cal years.
(2) SPECIAL RULE.—No such lesser amount shall be used for computing the effort required under subsection (a) of this section for subsequent years.
(c) WAIVER.—The Secretary may waive the requirements of
this section if the Secretary determines that a waiver would be eq- uitable due to—
(1) exceptional or uncontrollable circumstances, such as a natural disaster or a change in the organizational structure of the local educational agency; or
(2) a precipitous decline in the financial resources of the local educational agency.
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SEC. 8522. ø20 U.S.C. 7902¿ PROHIBITION REGARDING STATE AID.
A State shall not take into consideration payments under this Act (other than under title VII) in determining the eligibility of any local educational agency in that State for State aid, or the amount
of State aid, with respect to free public education of children.
SEC. 8523. ø20 U.S.C. 7903¿ PRIVACY OF ASSESSMENT RESULTS.
Any results from an individual assessment referred to in this Act of a student that become part of the education records of the student shall have the protections provided in section 444 of the
General Education Provisions Act.
SEC. 8524. ø20 U.S.C. 7904¿ SCHOOL PRAYER.
(a) GUIDANCE.—The Secretary shall provide and revise guid-
ance, not later than September 1, 2002, and of every second year thereafter, to State educational agencies, local educational agen- cies, and the public on constitutionally protected prayer in public elementary schools and secondary schools, including making the guidance available by electronic means, including by posting the guidance on the Department’s website in a clear and easily acces- sible manner. The guidance shall be reviewed, prior to distribution, by the Office of Legal Counsel of the Department of Justice for verification that the guidance represents the current state of the law concerning constitutionally protected prayer in public elemen- tary schools and secondary schools.
(b) CERTIFICATION.—As a condition of receiving funds under this Act, a local educational agency shall certify in writing to the State educational agency involved that no policy of the local edu- cational agency prevents, or otherwise denies participation in, con- stitutionally protected prayer in public elementary schools and sec- ondary schools, as detailed in the guidance required under sub- section (a). The certification shall be provided by October 1 of each year. The State educational agency shall report to the Secretary by November 1 of each year a list of those local educational agencies that have not filed the certification or against which complaints have been made to the State educational agency that the local edu- cational agencies are not in compliance with this section.
(c) ENFORCEMENT.—The Secretary is authorized and directed to effectuate subsection (b) by issuing, and securing compliance with, rules or orders with respect to a local educational agency that fails to certify, or is found to have certified in bad faith, that no policy of the local educational agency prevents, or otherwise denies participation in, constitutionally protected prayer in public elemen- tary schools and secondary schools.
SEC. 8525. ø20 U.S.C. 7905¿ EQUAL ACCESS TO PUBLIC SCHOOL FACILI- TIES.
(a) SHORT TITLE.—This section may be cited as the ‘‘Boy Scouts of America Equal Access Act’’.
(b) IN GENERAL.—
(1) EQUAL ACCESS.—Notwithstanding any other provision
of law, no public elementary school, public secondary school, local educational agency, or State educational agency that has a designated open forum or a limited public forum and that re- ceives funds made available through the Department shall deny equal access or a fair opportunity to meet to, or discrimi-
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nate against, any group officially affiliated with the Boy Scouts of America, or any other youth group listed in title 36 of the United States Code (as a patriotic society), that wishes to con- duct a meeting within that designated open forum or limited public forum, including denying such access or opportunity or discriminating for reasons based on the membership or leader- ship criteria or oath of allegiance to God and country of the Boy Scouts of America or of the youth group listed in title 36 of the United States Code (as a patriotic society).
(2) VOLUNTARY SPONSORSHIP.—Nothing in this section shall be construed to require any school, agency, or a school served by an agency to sponsor any group officially affiliated with the Boy Scouts of America, or any other youth group list- ed in title 36 of the United States Code (as a patriotic society). (c) TERMINATION OF ASSISTANCE AND OTHER ACTION.—
(1) DEPARTMENTAL ACTION.—The Secretary is authorized and directed to effectuate subsection (b) by issuing and secur- ing compliance with rules or orders with respect to a public el- ementary school, public secondary school, local educational agency, or State educational agency that receives funds made available through the Department and that denies equal ac- cess, or a fair opportunity to meet, or discriminates, as de- scribed in subsection (b).
(2) PROCEDURE.—The Secretary shall issue and secure compliance with the rules or orders, under paragraph (1), through the Office for Civil Rights and in a manner consistent with the procedure used by a Federal department or agency under section 602 of the Civil Rights Act of 1964. If the public school or agency does not comply with the rules or orders, then notwithstanding any other provision of law, no funds made available through the Department shall be provided to a school that fails to comply with such rules or orders or to any agency or school served by an agency that fails to comply with such rules or orders.
(3) JUDICIAL REVIEW.—Any action taken by the Secretary under paragraph (1) shall be subject to the judicial review de- scribed in section 603 of the Civil Rights Act of 1964. Any per- son aggrieved by the action may obtain that judicial review in the manner, and to the extent, provided in section 603 of such Act.
(d) DEFINITION AND RULE.—
(1) DEFINITION.—In this section, the term ‘‘youth group’’ means any group or organization intended to serve young peo- ple under the age of 21.
(2) RULE.—For the purpose of this section, an elementary school or secondary school has a limited public forum whenever the school involved grants an offering to, or opportunity for, one or more outside youth or community groups to meet on school premises or in school facilities before or after the hours during which attendance at the school is compulsory.
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Sec. 8526 ESEA OF 1965 424
SEC. 8526. ø20 U.S.C. 7906¿ PROHIBITED USES OF FUNDS 16 No funds under this Act may be used—
(1) for construction, renovation, or repair of any school fa- cility, except as authorized under this Act;
(2) for transportation unless otherwise authorized under this Act;
(3) to develop or distribute materials, or operate programs or courses of instruction directed at youth, that are designed to promote or encourage sexual activity, whether homosexual or heterosexual;
(4) to distribute or to aid in the distribution by any organi- zation of legally obscene materials to minors on school grounds; (5) to provide sex education or HIV-prevention education in schools unless that instruction is age appropriate and in-
cludes the health benefits of abstinence;
(6) to operate a program of contraceptive distribution in
schools; or
(7) for the provision to any person of a dangerous weapon,
as defined in section 930(g)(2) of title 18, United States Code, or training in the use of a dangerous weapon.
SEC. 8526A. ø20 U.S.C. 7906a¿ PROHIBITION AGAINST FEDERAL MAN- DATES, DIRECTION, OR CONTROL.
(a) IN GENERAL.—No officer or employee of the Federal Gov- ernment shall, through grants, contracts, or other cooperative agreements, mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic stand- ards and assessments, curricula, or program of instruction devel- oped and implemented to meet the requirements of this Act (in- cluding any requirement, direction, or mandate to adopt the Com- mon Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards), nor shall any- thing in this Act be construed to authorize such officer or employee to do so.
(b) FINANCIAL SUPPORT.—No officer or employee of the Federal Government shall condition or incentivize the receipt of any grant, contract, or cooperative agreement, the receipt of any priority or preference under such grant, contract, or cooperative agreement, or the receipt of a waiver under section 8401 upon a State, local edu- cational agency, or school’s adoption or implementation of specific instructional content, academic standards and assessments, cur- ricula, or program of instruction developed and implemented to meet the requirements of this Act (including any condition, pri- ority, or preference to adopt the Common Core State Standards de- veloped under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards).
16 The amendment made by section 8022(1) of Public Law 114–95 to the section heading for section 8526 (as redesignated) executed above probably should have included a period at the end of the inserted matter.
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SEC. 8527. ø20 U.S.C. 7907¿ PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS.
(a) GENERAL PROHIBITION.—Nothing in this Act shall be con- strued to authorize an officer or employee of the Federal Govern- ment, including through a grant, contract, or cooperative agree- ment, to mandate, direct, or control a State, local educational agen- cy, or school’s curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act.
(b) PROHIBITION ON ENDORSEMENT OF CURRICULUM.—Notwith- standing any other provision of Federal law, no funds provided to the Department under this Act may be used by the Department, whether through a grant, contract, or cooperative agreement, to en- dorse, approve, develop, require, or sanction any curriculum, in- cluding any curriculum aligned to the Common Core State Stand- ards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States, designed to be used in an elementary school or secondary school.
(c) LOCAL CONTROL.—Nothing in this section shall be con- strued to—
(1) authorize an officer or employee of the Federal Govern- ment, whether through a grant, contract, or cooperative agree- ment to mandate, direct, review, or control a State, local edu- cational agency, or school’s instructional content, curriculum, and related activities;
(2) limit the application of the General Education Provi- sions Act (20 U.S.C. 1221 et seq.);
(3) require the distribution of scientifically or medically false or inaccurate materials or to prohibit the distribution of scientifically or medically true or accurate materials; or
(4) create any legally enforceable right.
(d) PROHIBITION ON REQUIRING FEDERAL APPROVAL OR CERTIFI-
CATION OF STANDARDS.—
(1) IN GENERAL.—Notwithstanding any other provision of
Federal law, no State shall be required to have academic standards approved or certified by the Federal Government, in order to receive assistance under this Act.
(2) RULE OF CONSTRUCTION.—Nothing in this Act shall be construed to prohibit a State, local educational agency, or school from using funds provided under this Act for the devel- opment or implementation of any instructional content, aca- demic standards, academic assessments, curriculum, or pro- gram of instruction that a State, local educational agency, or school chooses, as permitted under State and local law, as long as the use of such funds is consistent with the terms of the grant, contract, or cooperative agreement providing such funds.
(3) BUILDING STANDARDS.—Nothing in this Act shall be construed to mandate national school building standards for a State, local educational agency, or school.
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Sec. 8528 ESEA OF 1965 426
SEC. 8528. ø20 U.S.C. 7908¿ ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT RECRUITING INFORMATION. 17
(a) POLICY.—
(1) ACCESS TO STUDENT RECRUITING INFORMATION.—Not-
withstanding section 444(a)(5)(B) of the General Education Provisions Act (20 U.S.C. 1232g(a)(5)(B)), each local edu- cational agency receiving assistance under this Act shall pro- vide, upon a request made by a military recruiter or an institu- tion of higher education, access to the name, address, and tele- phone listing of each secondary school student served by the local educational agency, unless the parent of such student has submitted the prior consent request under paragraph (2).
(2) CONSENT.—
(A) OPT-OUT PROCESS.—A parent of a secondary school
student may submit a written request, to the local edu- cational agency, that the student’s name, address, and telephone listing not be released for purposes of paragraph (1) without prior written consent of the parent. Upon re- ceiving such request, the local educational agency may not release the student’s name, address, and telephone listing for such purposes without the prior written consent of the parent.
(B) NOTIFICATION OF OPT-OUT PROCESS.—Each local educational agency shall notify the parents of the students served by the agency of the option to make a request de- scribed in subparagraph (A).
(3) SAME ACCESS TO STUDENTS.—Each local educational agency receiving assistance under this Act shall provide mili- tary recruiters the same access to secondary school students as is provided to institutions of higher education or to prospective employers of those students.
(4) RULE OF CONSTRUCTION PROHIBITING OPT-IN PROC- ESSES.—Nothing in this subsection shall be construed to allow a local educational agency to withhold access to a student’s name, address, and telephone listing from a military recruiter or institution of higher education by implementing an opt-in process or any other process other than the written consent re- quest process under paragraph (2)(A).
(5) PARENTAL CONSENT.—For purposes of this subsection, whenever a student has attained 18 years of age, the permis- sion or consent required of and the rights accorded to the par- ents of the student shall only be required of and accorded to the student.
(b) NOTIFICATION.—The Secretary, in consultation with the Secretary of Defense, shall, not later than 120 days after the date of the enactment of the Every Student Succeeds Act, notify school leaders, school administrators, and other educators about the re- quirements of this section.
(c) EXCEPTION.—The requirements of this section do not apply to a private secondary school that maintains a religious objection to service in the Armed Forces if the objection is verifiable through
17 There is a corresponding provision of section 8528 that exists in section 503(c) of title 10, United States Code.
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427 ESEA OF 1965 Sec. 8531
the corporate or other organizational documents or materials of that school.
SEC. 8529. ø20 U.S.C. 7909¿ PROHIBITION ON FEDERALLY SPONSORED TESTING.
(a) GENERAL PROHIBITION.—Notwithstanding any other provi- sion of Federal law and except as provided in subsection (b), no funds provided under this Act to the Secretary or to the recipient of any award may be used to develop, incentivize, pilot test, field test, implement, administer, or distribute any federally sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law, including any assess- ment or testing materials aligned to the Common Core State Standards developed under the Common Core State Standards Ini- tiative or any other academic standards common to a significant number of States.
(b) EXCEPTIONS.—Subsection (a) shall not apply to inter- national comparative assessments developed under the authority of section 153(a)(6) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543(a)(6)) and administered to only a representative sam- ple of pupils in the United States and in foreign nations.
SEC. 8530. ø20 U.S.C. 7910¿ LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION FOR TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS.
(a)18 MANDATORY NATIONAL TESTING OR CERTIFICATION OF TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS.—Notwith- standing any other provision of this Act or any other provision of law, no funds available to the Department or otherwise available under this Act may be used for any purpose relating to a manda- tory nationwide test or certification of teachers, principals, other school leaders, or education paraprofessionals, including any plan- ning, development, implementation, or administration of, or incen- tive regarding, such test or certification.
(b) PROHIBITION ON WITHHOLDING FUNDS.—The Secretary is prohibited from withholding funds from any State educational agency or local educational agency if the State educational agency or local educational agency fails to adopt a specific method of teach- er or paraprofessional certification.
SEC. 8530A. ø20 U.S.C. 7910a¿ PROHIBITION ON REQUIRING STATE PAR- TICIPATION.
Any State that opts out of receiving funds, or that has not been awarded funds, under one or more programs under this Act shall not be required to carry out any of the requirements of such pro- gram or programs, and nothing in this Act shall be construed to require a State to participate in any program under this Act.
SEC. 8531. ø20 U.S.C. 7911¿ PROHIBITION ON NATIONWIDE DATABASE. Nothing in this Act (other than section 1308(b)) shall be con- strued to authorize the development of a nationwide database of personally identifiable information on individuals involved in stud-
ies or other collections of data under this Act.
18 The amendment made by section 8027(2) of Public Law 114–95 probably should have speci- fied subsection (a) in the instructions. Such amendment was executed in subsection (a) in order to reflect the probable intent of Congress.
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Sec. 8532 ESEA OF 1965 428
SEC. 8532. ø20 U.S.C. 7912¿ UNSAFE SCHOOL CHOICE OPTION.
(a) UNSAFE SCHOOL CHOICE POLICY.—Each State receiving funds under this Act shall establish and implement a statewide policy requiring that a student attending a persistently dangerous public elementary school or secondary school, as determined by the State in consultation with a representative sample of local edu- cational agencies, or who becomes a victim of a violent criminal of- fense, as determined by State law, while in or on the grounds of a public elementary school or secondary school that the student at- tends, be allowed to attend a safe public elementary school or sec- ondary school within the local educational agency, including a pub-
lic charter school.
(b) CERTIFICATION.—As a condition of receiving funds under
this Act, a State shall certify in writing to the Secretary that the State is in compliance with this section.
SEC. 8533. ø20 U.S.C. 7913¿ PROHIBITION ON DISCRIMINATION.
Nothing in this Act shall be construed to require, authorize, or permit, the Secretary, or a State educational agency, local edu- cational agency, or school to grant to a student, or deny or impose upon a student, any financial or educational benefit or burden, in violation of the fifth or 14th amendments to the Constitution or other law relating to discrimination in the provision of federally
funded programs or activities.
SEC. 8534. ø20 U.S.C. 7914¿ CIVIL RIGHTS.
(a) IN GENERAL.—Nothing in this Act shall be construed to per-
mit discrimination on the basis of race, color, religion, sex (except as otherwise permitted under title IX of the Education Amend- ments of 1972), national origin, or disability in any program funded under this Act.
(b) RULE OF CONSTRUCTION.—Nothing in this Act shall be con- strued to require the disruption of services to a child or the dis- placement of a child enrolled in or participating in a program ad- ministered by an eligible entity, as defined in section 1111(d) of title I and part C of title IV, at the commencement of the entity’s participation in a grant under section 1111(d) of title I or part C of title IV.
SEC. 8535. ø20 U.S.C. 7915¿ RULEMAKING.
The Secretary shall issue regulations under this Act only to the
extent that such regulations are necessary to ensure that there is compliance with the specific requirements and assurances required by this Act.
SEC. 8536. ø20 U.S.C. 7916¿ SEVERABILITY.
If any provision of this Act is held invalid, the remainder of
this Act shall be unaffected thereby.
SEC. 8537. ø20 U.S.C. 7917¿ TRANSFER OF SCHOOL DISCIPLINARY RECORDS.
(a) NONAPPLICATION OF PROVISIONS.—This section shall not apply to any disciplinary records with respect to a suspension or expulsion that are transferred from a private, parochial or other nonpublic school, person, institution, or other entity, that provides education below the college level.
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429 ESEA OF 1965 Sec. 8538
(b) DISCIPLINARY RECORDS.—In accordance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), not later than 2 years after the date of enactment of this part, each State receiving Federal funds under this Act shall provide an as- surance to the Secretary that the State has a procedure in place to facilitate the transfer of disciplinary records, with respect to a suspension or expulsion, by local educational agencies to any pri- vate or public elementary school or secondary school for any stu- dent who is enrolled or seeks, intends, or is instructed to enroll, on a full- or part-time basis, in the school.
SEC. 8538. ø20 U.S.C. 7918¿ CONSULTATION WITH INDIAN TRIBES AND TRIBAL ORGANIZATIONS.
(a) IN GENERAL.—To ensure timely and meaningful consulta- tion on issues affecting American Indian and Alaska Native stu- dents, an affected local educational agency shall consult with ap- propriate officials from Indian tribes or tribal organizations ap- proved by the tribes located in the area served by the local edu- cational agency prior to the affected local educational agency’s sub- mission of a required plan or application for a covered program under this Act or for a program under title VI of this Act. Such consultation shall be done in a manner and in such time that pro- vides the opportunity for such appropriate officials from Indian tribes or tribal organizations to meaningfully and substantively contribute to such plan.
(b) DOCUMENTATION.—Each affected local educational agency shall maintain in the agency’s records and provide to the State educational agency a written affirmation signed by the appropriate officials of the participating tribes or tribal organizations approved by the tribes that the consultation required by this section has oc- curred. If such officials do not provide such affirmation within a reasonable period of time, the affected local educational agency shall forward documentation that such consultation has taken place to the State educational agency.
(c) DEFINITIONS.—In this section:
(1) AFFECTED LOCAL EDUCATIONAL AGENCY.—The term ‘‘af-
fected local educational agency’’ means a local educational agency—
(A) with an enrollment of American Indian or Alaska Native students that is not less than 50 percent of the total enrollment of the local educational agency; or
(B) that—
(i) for fiscal year 2017, received a grant in the pre-
vious year under subpart 1 of part A of title VII (as such subpart was in effect on the day before the date of enactment of the Every Student Succeeds Act) that exceeded $40,000; or
(ii) for any fiscal year following fiscal year 2017, received a grant in the previous fiscal year under sub- part 1 of part A of title VI that exceeded $40,000.
(2) APPROPRIATE OFFICIALS.—The term ‘‘appropriate offi- cials’’ means—
(A) tribal officials who are elected; or
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Sec. 8539 ESEA OF 1965 430
(B) appointed tribal leaders or officials designated in writing by an Indian tribe for the specific consultation pur- pose under this section.
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be construed—
(1) to require the local educational agency to determine who are the appropriate officials; or
(2) to make the local educational agency liable for con- sultation with appropriate officials that the tribe determines not to be the correct appropriate officials.
(e) LIMITATION.—Consultation required under this section shall
not interfere with the timely submission of the plans or applica- tions required under this Act.
SEC. 8539. ø20 U.S.C. 7919¿ OUTREACH AND TECHNICAL ASSISTANCE FOR RURAL LOCAL EDUCATIONAL AGENCIES.
(a) OUTREACH.—The Secretary shall engage in outreach to rural local educational agencies regarding opportunities to apply for competitive grant programs under this Act.
(b) TECHNICAL ASSISTANCE.—If requested to do so, the Sec- retary shall provide technical assistance to rural local educational agencies with locale codes 32, 33, 41, 42, or 43, or an educational service agency representing rural local educational agencies with locale codes 32, 33, 41, 42, or 43 on applications or pre-applications for any competitive grant program under this Act. No rural local educational agency or educational service agency shall be required to request technical assistance or include any technical assistance provided by the Secretary in any application.
SEC. 8540. ø20 U.S.C. 7920¿ CONSULTATION WITH THE GOVERNOR.
(a) IN GENERAL.—A State educational agency shall consult in a timely and meaningful manner with the Governor, or appropriate officials from the Governor’s office, in the development of State
plans under titles I and II and section 8302.
(b) TIMING.—The consultation described in subsection (a) shall
include meetings of officials from the State educational agency and the Governor’s office and shall occur—
(1) during the development of such plan; and
(2) prior to submission of the plan to the Secretary.
(c) JOINT SIGNATURE AUTHORITY.—A Governor shall have 30 days prior to the State educational agency submitting the State plan under title I or II or section 8302 to the Secretary to sign such plan. If the Governor has not signed the plan within 30 days of de- livery by the State educational agency to the Governor, the State educational agency shall submit the plan to the Secretary without
such signature.
SEC. 8541. ø20 U.S.C. 7921¿ LOCAL GOVERNANCE.
(a) RULE OF CONSTRUCTION.—Nothing in this Act shall be con-
strued to allow the Secretary to—
(1) exercise any governance or authority over school ad-
ministration, including the development and expenditure of school budgets, unless otherwise authorized under this Act;
(2) issue any regulation without first complying with the rulemaking requirements of section 553 of title 5, United States Code; or
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431 ESEA OF 1965 Sec. 8545
(3) issue any nonregulatory guidance without first, to the extent feasible, considering input from stakeholders.
(b) AUTHORITY UNDER OTHER LAW.—Nothing in subsection (a)
shall be construed to affect any authority the Secretary has under any other Federal law.
SEC. 8542. ø20 U.S.C. 7922¿ RULE OF CONSTRUCTION REGARDING TRAVEL TO AND FROM SCHOOL.
(a) IN GENERAL.—Subject to subsection (b), nothing in this Act shall authorize the Secretary to, or shall be construed to—
(1) prohibit a child from traveling to and from school on foot or by car, bus, or bike when the parents of the child have given permission; or
(2) expose parents to civil or criminal charges for allowing their child to responsibly and safely travel to and from school by a means the parents believe is age appropriate.
(b) NO PREEMPTION OF STATE OR LOCAL LAWS.—Notwith-
standing subsection (a), nothing in this section shall be construed to preempt State or local laws.
SEC. 8543. ø20 U.S.C. 7923¿ LIMITATIONS ON SCHOOL-BASED HEALTH CENTERS.
Notwithstanding section 8102, funds used for activities under this Act shall be carried out in accordance with the provision of section 399z–1(a)(3)(C) of the Public Health Service Act (42 U.S.C. 280h–5(a)(3)(C)).
SEC. 8544. ø20 U.S.C. 7924¿ STATE CONTROL OVER STANDARDS.
(a) IN GENERAL.—Nothing in this Act shall be construed to pro- hibit a State from withdrawing from the Common Core State
Standards or from otherwise revising their standards.
(b) PROHIBITION.—No officer or employee of the Federal Gov- ernment shall, directly or indirectly, through grants, contracts or other cooperative agreements, through waiver granted under sec- tion 8401 or through any other authority, take any action against
a State that exercises its rights under subsection (a).
SEC. 8545. ø20 U.S.C. 7925¿ SENSE OF CONGRESS ON PROTECTING STU- DENT PRIVACY.
(a) FINDINGS.—The Congress finds as follows:
(1) Students’ personally identifiable information is impor-
tant to protect.
(2) Students’ information should not be shared with indi-
viduals other than school officials in charge of educating those students without clear notice to parents.
(3) With the use of more technology, and more research about student learning, the responsibility to protect students’ personally identifiable information is more important than ever.
(4) Regulations allowing more access to students’ personal information could allow that information to be shared or sold by individuals who do not have the best interest of the stu- dents in mind.
(5) The Secretary has the responsibility to ensure every entity that receives funding under this Act holds any person- ally identifiable information in strict confidence.
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Sec. 8546 ESEA OF 1965 432
(b) SENSE OF CONGRESS.—It is the sense of the Congress that the Secretary should review all regulations addressing issues of student privacy, including those under this Act, and ensure that students’ personally identifiable information is protected.
SEC. 8546. ø20 U.S.C. 7926¿ PROHIBITION ON AIDING AND ABETTING SEXUAL ABUSE.
(a) IN GENERAL.—A State, State educational agency, or local educational agency in the case of a local educational agency that receives Federal funds under this Act shall have laws, regulations, or policies that prohibit any individual who is a school employee, contractor, or agent, or any State educational agency or local edu- cational agency, from assisting a school employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative and personnel files, if the individual or agency knows, or has probable cause to believe, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law.
(b) EXCEPTION.—The requirements of subsection (a) shall not apply if the information giving rise to probable cause—
(1)(A) has been properly reported to a law enforcement agency with jurisdiction over the alleged misconduct; and
(B) has been properly reported to any other authorities as required by Federal, State, or local law, including title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and the regulations implementing such title under part 106 of title 34, Code of Federal Regulations, or any succeeding regula- tions; and
(2)(A) the matter has been officially closed or the pros- ecutor or police with jurisdiction over the alleged misconduct has investigated the allegations and notified school officials that there is insufficient information to establish probable cause that the school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law;
(B) the school employee, contractor, or agent has been charged with, and acquitted or otherwise exonerated of the al- leged misconduct; or
(C) the case or investigation remains open and there have been no charges filed against, or indictment of, the school em- ployee, contractor, or agent within 4 years of the date on which the information was reported to a law enforcement agency.
(c) PROHIBITION.—The Secretary shall not have the authority
to mandate, direct, or control the specific measures adopted by a State, State educational agency, or local educational agency under this section.
(d) CONSTRUCTION.—Nothing in this section shall be construed to prevent a State from adopting, or to override a State law, regu- lation, or policy that provides, greater or additional protections to prohibit any individual who is a school employee, contractor, or agent, or any State educational agency or local educational agency, from assisting a school employee who engaged in sexual misconduct regarding a minor or student in violation of the law in obtaining a new job.
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433 ESEA OF 1965 Sec. 8549B
SEC. 8547. ø20 U.S.C. 7927¿ SENSE OF CONGRESS ON RESTORATION OF STATE SOVEREIGNTY OVER PUBLIC EDUCATION.
It is the Sense of Congress that State and local officials should be consulted and made aware of the requirements that accompany participation in activities authorized under this Act prior to a State or local educational agency’s request to participate in such activi- ties.
SEC. 8548. ø20 U.S.C. 7928¿ PRIVACY.
The Secretary shall require an assurance that each grantee re-
ceiving funds under this Act understands the importance of privacy protections for students and is aware of the responsibilities of the grantee under section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as the ‘‘Family Education Rights and Privacy Act of 1974’’).
SEC. 8549. ø20 U.S.C. 7929¿ ANALYSIS AND PERIODIC REVIEW OF DE- PARTMENTAL GUIDANCE.
The Secretary shall develop procedures for the approval and periodic review of significant guidance documents that include—
(1) appropriate approval processes within the Department;
(2) appropriate identification of the agency or office issuing the documents, the activities to which and the persons to whom the documents apply, and the date of issuance;
(3) a publicly available list to identify those significant guidance documents that were issued, revised, or withdrawn within the past year; and
(4) an opportunity for the public to request that an agency modify or rescind an existing significant guidance document.
SEC. 8549A ø20 U.S.C. 7930¿ SENSE OF CONGRESS.
(a) FINDINGS.—The Congress finds as follows:
(1) This Act prohibits the Federal Government from man- dating, directing, or controlling a State, local educational agen- cy, or school’s curriculum, program of instruction, or allocation of State and local resources, and from mandating a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act.
(2) This Act prohibits the Federal Government from fund- ing the development, pilot testing, field testing, implementa- tion, administration, or distribution of any federally sponsored national test in reading, mathematics, or any other subject, un- less specifically and explicitly authorized by law.
(b) SENSE OF CONGRESS.—It is the sense of the Congress that
States and local educational agencies retain the rights and respon- sibilities of determining educational curriculum, programs of in- struction, and assessments for elementary and secondary edu- cation.
SEC. 8549B. ø20 U.S.C. 7931¿ SENSE OF CONGRESS ON EARLY LEARNING AND CHILD CARE.
It is the Sense of the Congress that a State retains the right to make decisions, free from Federal intrusion, concerning its sys- tem of early learning and child care, and whether or not to use funding under this Act to offer early childhood education programs. Such systems should continue to include robust choice for parents through a mixed delivery system of services so parents can deter-
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Sec. 8549C ESEA OF 1965 434
mine the right early learning and child care option for their chil- dren. States, while protecting the rights of early learning and child care providers, retain the right to make decisions that shall include the age at which to set compulsory attendance in school, the con- tent of a State’s early learning guidelines, and how to determine quality in programs.
SEC. 8549C. ø20 U.S.C. 7932¿ TECHNICAL ASSISTANCE.
If requested by a State or local educational agency, a regional
educational laboratory under part D of the Education Sciences Re- form Act of 2002 (20 U.S.C. 9561 et seq.) shall provide technical as- sistance to such State or local educational agency in meeting the requirements of section 8101(21).
Subpart 3—Teacher Liability Protection
SEC. 8551. ø20 U.S.C. 7941¿ SHORT TITLE.
This subpart may be cited as the ‘‘Paul D. Coverdell Teacher
Protection Act of 2001’’.
SEC. 8552. ø20 U.S.C. 7942¿ PURPOSE.
The purpose of this subpart is to provide teachers, principals,
and other school professionals the tools they need to undertake rea- sonable actions to maintain order, discipline, and an appropriate educational environment.
SEC. 8553. ø20 U.S.C. 7943¿ DEFINITIONS. For purposes of this subpart:
(1) ECONOMIC LOSS.—The term ‘‘economic loss’’ means any pecuniary loss resulting from harm (including the loss of earn- ings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law.
(2) HARM.—The term ‘‘harm’’ includes physical, nonphys- ical, economic, and noneconomic losses.
(3) NONECONOMIC LOSS.—The term ‘‘noneconomic loss’’ means loss for physical or emotional pain, suffering, inconven- ience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society or companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, or any other nonpecuniary loss of any kind or nature.
(4) SCHOOL.—The term ‘‘school’’ means a public or private kindergarten, a public or private elementary school or sec- ondary school, or a home school.
(5) STATE.—The term ‘‘State’’ means each of the several States of the United States, the District of Columbia, the Com- monwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession.
(6) TEACHER.—The term ‘‘teacher’’ means—
(A) a teacher, instructor, principal, or administrator;
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435 ESEA OF 1965 Sec. 8556
(B) another educational professional who works in a school;
(C) a professional or nonprofessional employee who— (i) works in a school; and
(ii)(I) in the employee’s job, maintains discipline or
ensures safety; or
(II) in an emergency, is called on to maintain dis-
cipline or ensure safety; or
(D) an individual member of a school board (as distinct from the board).
SEC. 8554. ø20 U.S.C. 7944¿ APPLICABILITY.
This subpart shall only apply to States that receive funds
under this Act, and shall apply to such a State as a condition of receiving such funds.
SEC. 8555. ø20 U.S.C. 7945¿ PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.
(a) PREEMPTION.—This subpart preempts the laws of any State to the extent that such laws are inconsistent with this subpart, ex- cept that this subpart shall not preempt any State law that pro- vides additional protection from liability relating to teachers.
(b) ELECTION OF STATE REGARDING NONAPPLICABILITY.—This subpart shall not apply to any civil action in a State court against a teacher with respect to claims arising within that State if such State enacts a statute in accordance with State requirements for enacting legislation—
(1) citing the authority of this subsection;
(2) declaring the election of such State that this subpart shall not apply, as of a date certain, to such civil action in the State; and
(3) containing no other provisions.
SEC. 8556. ø20 U.S.C. 7946¿ LIMITATION ON LIABILITY FOR TEACHERS. (a) LIABILITY PROTECTION FOR TEACHERS.—Except as provided in subsection (b), no teacher in a school shall be liable for harm caused by an act or omission of the teacher on behalf of the school
if—
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(1) the teacher was acting within the scope of the teacher’s employment or responsibilities to a school or governmental en- tity;
(2) the actions of the teacher were carried out in con- formity with Federal, State, and local laws (including rules and regulations) in furtherance of efforts to control, discipline, expel, or suspend a student or maintain order or control in the classroom or school;
(3) if appropriate or required, the teacher was properly li- censed, certified, or authorized by the appropriate authorities for the activities or practice involved in the State in which the harm occurred, where the activities were or practice was un- dertaken within the scope of the teacher’s responsibilities;
(4) the harm was not caused by willful or criminal mis- conduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the teacher; and
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(5) the harm was not caused by the teacher operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or the owner of the vehicle, craft, or vessel to—
(A) possess an operator’s license; or
(B) maintain insurance.
(b) EXCEPTIONS TO TEACHER LIABILITY PROTECTION.—If the
laws of a State limit teacher liability subject to one or more of the following conditions, such conditions shall not be construed as in- consistent with this section:
(1) A State law that requires a school or governmental en- tity to adhere to risk management procedures, including man- datory training of teachers.
(2) A State law that makes the school or governmental en- tity liable for the acts or omissions of its teachers to the same extent as an employer is liable for the acts or omissions of its employees.
(3) A State law that makes a limitation of liability inappli- cable if the civil action was brought by an officer of a State or local government pursuant to State or local law.
(c) LIMITATION ON PUNITIVE DAMAGES BASED ON THE ACTIONS
OF TEACHERS.—
(1) GENERAL RULE.—Punitive damages may not be award-
ed against a teacher in an action brought for harm based on the act or omission of a teacher acting within the scope of the teacher’s employment or responsibilities to a school or govern- mental entity unless the claimant establishes by clear and con- vincing evidence that the harm was proximately caused by an act or omission of such teacher that constitutes willful or crimi- nal misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed.
(2) CONSTRUCTION.—Paragraph (1) does not create a cause of action for punitive damages and does not preempt or super- sede any Federal or State law to the extent that such law would further limit the award of punitive damages.
(d) EXCEPTIONS TO LIMITATIONS ON LIABILITY.—
(1) IN GENERAL.—The limitations on the liability of a teacher under this subpart shall not apply to any misconduct that—
(A) constitutes a crime of violence (as that term is de- fined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in sec- tion 2331 of title 18, United States Code) for which the de- fendant has been convicted in any court;
(B) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court;
(C) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law; or
(D) where the defendant was under the influence (as determined pursuant to applicable State law) of intoxi- cating alcohol or any drug at the time of the misconduct.
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437 ESEA OF 1965 Sec. 8558
(2) HIRING.—The limitations on the liability of a teacher under this subpart shall not apply to misconduct during back- ground investigations, or during other actions, involved in the hiring of a teacher.
(e) RULES OF CONSTRUCTION.—
(1) CONCERNING RESPONSIBILITY OF TEACHERS TO SCHOOLS AND GOVERNMENTAL ENTITIES.—Nothing in this section shall be construed to affect any civil action brought by any school or any governmental entity against any teacher of such school.
(2) CONCERNING CORPORAL PUNISHMENT.—Nothing in this subpart shall be construed to affect any State or local law (in- cluding a rule or regulation) or policy pertaining to the use of corporal punishment.
SEC. 8557. ø20 U.S.C. 7947¿ ALLOCATION OF RESPONSIBILITY FOR NON- ECONOMIC LOSS.
(a) GENERAL RULE.—In any civil action against a teacher, based on an act or omission of a teacher acting within the scope of the teacher’s employment or responsibilities to a school or gov- ernmental entity, the liability of the teacher for noneconomic loss shall be determined in accordance with subsection (b).
(b) AMOUNT OF LIABILITY.— (1) IN GENERAL.—
(A) LIABILITY.—Each defendant who is a teacher shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with re- spect to which that defendant is liable.
(B) SEPARATE JUDGMENT.—The court shall render a separate judgment against each defendant in an amount determined pursuant to subparagraph (A).
(2) PERCENTAGE OF RESPONSIBILITY.—For purposes of de-
termining the amount of noneconomic loss allocated to a de- fendant who is a teacher under this section, the trier of fact shall determine the percentage of responsibility of each person responsible for the claimant’s harm, whether or not such per- son is a party to the action.
(c) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to preempt or supersede any Federal or State law that further limits the application of joint liability in a civil action de- scribed in subsection (a), beyond the limitations established in this section.
SEC. 8558. ø20 U.S.C. 7948¿ EFFECTIVE DATE.
(a) IN GENERAL.—This subpart shall take effect 90 days after
the date of enactment of the No Child Left Behind Act of 2001.
(b) APPLICATION.—This subpart applies to any claim for harm caused by an act or omission of a teacher if that claim is filed on or after the effective date of the No Child Left Behind Act of 2001 without regard to whether the harm that is the subject of the claim or the conduct that caused the harm occurred before such effective
date.
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Subpart 4—Gun Possession
SEC. 8561. ø20 U.S.C. 7961¿ GUN-FREE REQUIREMENTS.
(a) SHORT TITLE.—This subpart may be cited as the ‘‘Gun-Free
Schools Act’’.
(b) REQUIREMENTS.—
(1) IN GENERAL.—Each State receiving Federal funds under any title of this Act shall have in effect a State law re- quiring local educational agencies to expel from school for a pe- riod of not less than 1 year a student who is determined to have brought a firearm to a school, or to have possessed a fire- arm at a school, under the jurisdiction of local educational agencies in that State, except that such State law shall allow the chief administering officer of a local educational agency to modify such expulsion requirement for a student on a case-by- case basis if such modification is in writing.
(2) CONSTRUCTION.—Nothing in this subpart shall be con- strued to prevent a State from allowing a local educational agency that has expelled a student from such a student’s reg- ular school setting from providing educational services to such student in an alternative setting.
(3) DEFINITION.—For the purpose of this section, the term ‘‘firearm’’ has the same meaning given such term in section 921(a) of title 18, United States Code.
(c) SPECIAL RULE.—The provisions of this section shall be con-
strued in a manner consistent with the Individuals with Disabil- ities Education Act.
(d) REPORT TO STATE.—Each local educational agency request- ing assistance from the State educational agency that is to be pro- vided from funds made available to the State under any title of this Act shall provide to the State, in the application requesting such assistance—
(1) an assurance that such local educational agency is in compliance with the State law required by subsection (b); and (2) a description of the circumstances surrounding any ex- pulsions imposed under the State law required by subsection
(b), including—
(A) the name of the school concerned;
(B) the number of students expelled from such school;
and
(C) the type of firearms concerned.
(e) REPORTING.—Each State shall report the information de- scribed in subsection (d) to the Secretary on an annual basis.
(f) DEFINITION.—For the purpose of subsection (d), the term ‘‘school’’ means any setting that is under the control and super- vision of the local educational agency for the purpose of student ac- tivities approved and authorized by the local educational agency.
(g) EXCEPTION.—Nothing in this section shall apply to a fire- arm that is lawfully stored inside a locked vehicle on school prop- erty, or if it is for activities approved and authorized by the local educational agency and the local educational agency adopts appro- priate safeguards to ensure student safety.
(h) POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL.—
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439 ESEA OF 1965 Sec. 8572
(1) IN GENERAL.—No funds shall be made available under any title of this Act to any local educational agency unless such agency has a policy requiring referral to the criminal justice or juvenile delinquency system of any student who brings a fire- arm or weapon to a school served by such agency.
(2) DEFINITION.—For the purpose of this subsection, the term ‘‘school’’ has the same meaning given to such term by sec- tion 921(a) of title 18, United States Code.
Subpart 5—Environmental Tobacco Smoke SEC. 8571. ø20 U.S.C. 7971¿ SHORT TITLE.
This part may be cited as the ‘‘Pro-Children Act of 2001’’.
SEC. 8572. ø20 U.S.C. 7972¿ DEFINITIONS. As used in this part:
(1) CHILDREN.—The term ‘‘children’’ means individuals who have not attained the age of 18.
(2) CHILDREN’S SERVICES.—The term ‘‘children’s services’’ means the provision on a routine or regular basis of health, day care, education, or library services—
(A) that are funded, after the date of enactment of the No Child Left Behind Act of 2001, directly by the Federal Government or through State or local governments, by Federal grant, loan, loan guarantee, or contract pro- grams—
(i) administered by either the Secretary of Health and Human Services or the Secretary of Education (other than services provided and funded solely under titles XVIII and XIX of the Social Security Act); or
(ii) administered by the Secretary of Agriculture in the case of a clinic (as defined in part 246.2 of title 7, Code of Federal Regulations (or any corresponding similar regulation or ruling)) under section 17(b)(6) of the Child Nutrition Act of 1966; or
(B) that are provided in indoor facilities that are con-
structed, operated, or maintained with such Federal funds, as determined by the appropriate head of a Federal agency in any enforcement action carried out under this part,
except that nothing in clause (ii) of subparagraph (A) is in- tended to include facilities (other than clinics) where coupons are redeemed under the Child Nutrition Act of 1966.
(3) INDOOR FACILITY.—The term ‘‘indoor facility’’ means a building that is enclosed.
(4) PERSON.—The term ‘‘person’’ means any State or local subdivision of a State, agency of such State or subdivision, cor- poration, or partnership that owns or operates or otherwise controls and provides children’s services or any individual who owns or operates or otherwise controls and provides such serv- ices.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Sec- retary of Health and Human Services.
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Sec. 8573 ESEA OF 1965 440
SEC. 8573. ø20 U.S.C. 7973¿ NONSMOKING POLICY FOR CHILDREN’S SERVICES.
(a) PROHIBITION.—After the date of enactment of the No Child Left Behind Act of 2001, no person shall permit smoking within any indoor facility owned or leased or contracted for, and utilized, by such person for provision of routine or regular kindergarten, ele- mentary, or secondary education or library services to children.
(b) ADDITIONAL PROHIBITION.—
(1) IN GENERAL.—After the date of enactment of the No
Child Left Behind Act of 2001, no person shall permit smoking within any indoor facility (or portion of such a facility) owned or leased or contracted for, and utilized by, such person for the provision of regular or routine health care or day care or early childhood education programs.
(2) EXCEPTION.—Paragraph (1) shall not apply to—
(A) any portion of such facility that is used for inpa- tient hospital treatment of individuals dependent on, or
addicted to, drugs or alcohol; and (B) any private residence.
(c) FEDERAL AGENCIES.—
(1) KINDERGARTEN, ELEMENTARY, OR SECONDARY EDU-
CATION OR LIBRARY SERVICES.—After the date of enactment of the No Child Left Behind Act of 2001, no Federal agency shall permit smoking within any indoor facility in the United States operated by such agency, directly or by contract, to provide routine or regular kindergarten, elementary, or secondary edu- cation or library services to children.
(2) HEALTH OR DAY CARE OR EARLY CHILDHOOD EDUCATION PROGRAMS.—
(A) IN GENERAL.—After the date of enactment of the No Child Left Behind Act of 2001, no Federal agency shall permit smoking within any indoor facility (or portion of such facility) operated by such agency, directly or by con- tract, to provide routine or regular health or day care or early childhood education programs to children.
(B) EXCEPTION.—Subparagraph (A) shall not apply to—
(i) any portion of such facility that is used for in- patient hospital treatment of individuals dependent on, or addicted to, drugs or alcohol; and
(ii) any private residence.
(3) APPLICATION OF PROVISIONS.—The provisions of para-
graph (2) shall also apply to the provision of such routine or regular kindergarten, elementary or secondary education or li- brary services in the facilities described in paragraph (2) not subject to paragraph (1).
(d) NOTICE.—The prohibitions in subsections (a) through (c) shall be published in a notice in the Federal Register by the Sec- retary (in consultation with the heads of other affected agencies) and by such agency heads in funding arrangements involving the provision of children’s services administered by such heads. Such prohibitions shall be effective 90 days after such notice is pub- lished, or 270 days after the date of enactment of the No Child Left Behind Act of 2001, whichever occurs first.
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441 ESEA OF 1965 Sec. 8573
(e) CIVIL PENALTIES.—
(1) IN GENERAL.—Any failure to comply with a prohibition
in this section shall be considered to be a violation of this sec- tion and any person subject to such prohibition who commits such violation may be liable to the United States for a civil penalty in an amount not to exceed $1,000 for each violation, or may be subject to an administrative compliance order, or both, as determined by the Secretary. Each day a violation con- tinues shall constitute a separate violation. In the case of any civil penalty assessed under this section, the total amount shall not exceed 50 percent of the amount of Federal funds re- ceived under any title of this Act by such person for the fiscal year in which the continuing violation occurred. For the pur- pose of the prohibition in subsection (c), the term ‘‘person’’, as used in this paragraph, shall mean the head of the applicable Federal agency or the contractor of such agency providing the services to children.
(2) ADMINISTRATIVE PROCEEDING.—A civil penalty may be assessed in a written notice, or an administrative compliance order may be issued under paragraph (1), by the Secretary only after an opportunity for a hearing in accordance with sec- tion 554 of title 5, United States Code. Before making such as- sessment or issuing such order, or both, the Secretary shall give written notice of the assessment or order to such person by certified mail with return receipt and provide information in the notice of an opportunity to request in writing, not later than 30 days after the date of receipt of such notice, such hear- ing. The notice shall reasonably describe the violation and be accompanied with the procedures for such hearing and a sim- ple form that may be used to request such hearing if such per- son desires to use such form. If a hearing is requested, the Sec- retary shall establish by such certified notice the time and place for such hearing, which shall be located, to the greatest extent possible, at a location convenient to such person. The Secretary (or the Secretary’s designee) and such person may consult to arrange a suitable date and location where appro- priate.
(3) CIRCUMSTANCES AFFECTING PENALTY OR ORDER.—In de- termining the amount of the civil penalty or the nature of the administrative compliance order, the Secretary shall take into account, as appropriate—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, any good faith efforts to comply, the importance of achieving early and perma- nent compliance, the ability to pay or comply, the effect of the penalty or order on the ability to continue operation, any prior history of the same kind of violation, the degree of culpability, and any demonstration of willingness to comply with the prohibitions of this section in a timely manner; and
(C) such other matters as justice may require.
(4) MODIFICATION.—The Secretary may, as appropriate, compromise, modify, or remit, with or without conditions, any
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Sec. 8574 ESEA OF 1965 442
civil penalty or administrative compliance order. In the case of a civil penalty, the amount, as finally determined by the Sec- retary or agreed upon in compromise, may be deducted from any sums that the United States or the agencies or instrumen- talities of the United States owe to the person against whom the penalty is assessed.
(5) PETITION FOR REVIEW.—Any person aggrieved by a pen- alty assessed or an order issued, or both, by the Secretary under this section may file a petition for judicial review of the order with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the person resides or transacts business. Such person shall provide a copy of the petition to the Secretary or the Secretary’s designee. The petition shall be filed within 30 days after the Secretary’s as- sessment or order, or both, are final and have been provided to such person by certified mail. The Secretary shall promptly provide to the court a certified copy of the transcript of any hearing held under this section and a copy of the notice or order.
(6) FAILURE TO COMPLY.—If a person fails to pay an assess- ment of a civil penalty or comply with an order, after the as- sessment or order, or both, are final under this section, or after a court has entered a final judgment under paragraph (5) in favor of the Secretary, the Attorney General, at the request of the Secretary, shall recover the amount of the civil penalty (plus interest at prevailing rates from the day the assessment or order, or both, are final) or enforce the order in an action brought in the appropriate district court of the United States. In such action, the validity and appropriateness of the penalty or order or the amount of the penalty shall not be subject to review.
SEC. 8574. ø20 U.S.C. 7974¿ PREEMPTION.
Nothing in this part is intended to preempt any provision of
law of a State or political subdivision of a State that is more re- strictive than a provision of this part.
PART G—EVALUATIONS
SEC. 8601. ø20 U.S.C. 7981¿ EVALUATIONS.
(a) RESERVATION OF FUNDS.—Except as provided in subsection
(b) and (e), the Secretary, in consultation with the Director of the Institute of Education Sciences, may reserve not more than 0.5 per- cent of the amount appropriated for each program authorized under this Act to carry out activities under this section. If the Sec- retary elects to make a reservation under this subsection, the re- served amounts—
(1) shall first be used by the Secretary, acting through the Director of the Institute of Education Sciences, to—
(A) conduct comprehensive, high-quality evaluations of the programs that—
(i) are consistent with the evaluation plan under subsection (d); and
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443 ESEA OF 1965 Sec. 8601
(ii) primarily include impact evaluations that use experimental or quasi-experimental designs, where practicable and appropriate, and other rigorous meth- odologies that permit the strongest possible causal in- ferences;
(B) conduct studies of the effectiveness of the pro- grams and the administrative impact of the programs on schools and local educational agencies; and
(C) widely disseminate evaluation findings under this section related to programs authorized under this Act—
(i) in a timely fashion;
(ii) in forms that are understandable, easily acces- sible, usable, and adaptable for use in the improve- ment of educational practice;
(iii) through electronic transfer and other means, such as posting, as available, to the websites of State educational agencies, local educational agencies, the Institute of Education Sciences, or the Department, or in another relevant place; and
(iv) in a manner that promotes the utilization of such findings; and
(2) may be used by the Secretary, acting through the Di- rector of the Institute of Education Sciences—
(A) to evaluate the aggregate short- and long-term ef- fects and cost efficiencies across—
(i) Federal programs assisted or authorized under this Act; and
(ii) related Federal early childhood education pro- grams, preschool programs, elementary school pro- grams, and secondary school programs, under any other Federal law;
(B) to increase the usefulness of the evaluations con-
ducted under this section by improving the quality, timeli- ness, efficiency, and use of information relating to perform- ance to promote continuous improvement of programs as- sisted or authorized under this Act; and
(C) to assist recipients of grants under such programs in collecting and analyzing data and other activities re- lated to conducting high-quality evaluations under para- graph (1).
(b) TITLE I.—The Secretary, acting through the Director of the Institute of Education Sciences, shall use funds authorized under section 1002(e) to carry out evaluation activities under this section related to title I, and shall not reserve any other money from such title for evaluation.
(c) CONSOLIDATION.—Notwithstanding any other provision of this section or section 1002(e), the Secretary, in consultation with the Director of the Institute of Education Sciences—
(1) may consolidate the funds reserved under subsections (a) and (b) for purposes of carrying out the activities under subsection (a)(1); and
(2) shall not be required to evaluate under subsection (a)(1) each program authorized under this Act each year.
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Sec. 8601 ESEA OF 1965 444
(d) EVALUATION PLAN.—The Director of the Institute of Edu- cation Sciences, shall, on a biennial basis, develop, submit to Con- gress, and make publicly available an evaluation plan, that—
(1) describes the specific activities that will be carried out under subsection (a) for the 2-year period applicable to the plan, and the timelines of such activities;
(2) contains the results of the activities carried out under subsection (a) for the most recent 2-year period; and
(3) describes how programs authorized under this Act will be regularly evaluated.
(e) EVALUATION ACTIVITIES AUTHORIZED ELSEWHERE.—If,
under any other provision of this Act, funds are authorized to be reserved or used for evaluation activities with respect to a pro- gram, the Secretary may not reserve additional funds under this section for the evaluation of that program.
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