Home Education Elementary and Secondary Education Act

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:

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

Elementary and Secondary Education Act

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).

1

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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

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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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February 1, 2023

(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-

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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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Sec. 1111

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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February 1, 2023

(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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(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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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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(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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29 ESEA OF 1965 Sec. 1111

(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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Sec. 1111 ESEA OF 1965 30

(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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(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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Sec. 1112 ESEA OF 1965 52

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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53 ESEA OF 1965 Sec. 1112

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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Sec. 1113

ESEA OF 1965 56

(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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Sec. 1115

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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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.
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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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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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(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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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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Sec. 1118 ESEA OF 1965 78

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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(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.

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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.

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(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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(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

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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).

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(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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Sec. 1204

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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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;

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(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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February 1, 2023

(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

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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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February 1, 2023

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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Sec. 1419

ESEA OF 1965 134

(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

page134image88622912

(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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Sec. 1501

ESEA OF 1965 140

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.

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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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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.

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(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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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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(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).

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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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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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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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Sec. 2101

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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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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 ESEA OF 1965 168

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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169 ESEA OF 1965 Sec. 2212

(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.

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(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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Sec. 2221 ESEA OF 1965 172

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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173 ESEA OF 1965 Sec. 2221

(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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Sec. 2222 ESEA OF 1965 174

(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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175 ESEA OF 1965 Sec. 2222

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-

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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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177 ESEA OF 1965 Sec. 2224

(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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Sec. 2224 ESEA OF 1965 178

(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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Sec. 2225 ESEA OF 1965 180

(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.

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(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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Sec. 3111

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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.

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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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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

page196image123070864

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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Sec. 3116

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.

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(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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Sec. 3122 ESEA OF 1965 202

(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

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(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

page208image126724368

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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February 1, 2023

(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.

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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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Sec. 4121 ESEA OF 1965 224

(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

ESEA OF 1965 228

(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.

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(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.

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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

page232image143237104

(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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Sec. 4204

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.

page234image144404896

(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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February 1, 2023

(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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Sec. 4206

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).

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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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(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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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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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.

page248image153196944

(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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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

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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.

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(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 fo