,,ib ,union ,calendar ,no4 #ajh #aacth ,,congress #ast ,session ,h4 ,r4 #e ,report ,no4 #aac-aej1 ,part ,i ,,in ,,the ,,house ,,of ,,representatives ,june #f1 #bjac ,mr4 ,kline 7for himself1 ,mr4 ,rokita1 ,mr4 ,petri1 ,ms4 ,foxx1 ,mr4 ,roe of ,tennessee1 ,mr4 ,thompson of ,pennsylvania1 ,mr4 ,guthrie1 ,mr4 ,bucshon1 ,mrs4 ,roby1 ,mr4 ,heck of ,nevada1 ,mrs4 ,brooks of ,indiana1 and ,mr4 ,messer7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce1 and in addition to the ,committee on ,financial ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,july #aa1 #bjac ,additional sponsor3 ,mr4 ,salmon ,july #aa1 #bjac ,reported from the ,committee on ,education and the ,workforce with an amendment ,strike out all after the enacting clause and insert the part printed in italic ,july #aa1 #bjac ,the ,committee on ,financial ,services discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,for text of introduced bill1 see copy of bill as introduced on ,june #f1 #bjac ,a ,,bill ,to support ,state and local accountability for public education1 protect ,state and local authority1 inform parents of the performance of their children's schools1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,student ,success ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,sec4 #c4 ,references4 ,sec4 #d4 ,transition4 ,sec4 #e4 ,effective dates4 ,sec4 #f4 ,authorization of appropriations4 ,title ,i--,aid to local educational agencies ,subtitle ,a--,in general ,sec4 #aja4 ,title heading4 ,sec4 #ajb4 ,statement of purpose4 ,sec4 #ajc4 ,flexibility to use ,federal funds4 ,sec4 #ajd4 ,school improvement4 ,sec4 #aje4 ,direct student services4 ,sec4 #ajf4 ,state administration4 ,subtitle ,b--,improving the academic achievement of the disadvantaged ,sec4 #aaa4 ,part ,a headings4 ,sec4 #aab4 ,state plans4 ,sec4 #aac4 ,local educational agency plans4 ,sec4 #aad4 ,eligible school attendance areas4 ,sec4 #aae4 ,schoolwide programs4 ,sec4 #aaf4 ,targeted assistance schools4 ,sec4 #aag4 ,academic assessment and local educational agency and school improvement2 school support and recognition4 ,sec4 #aah4 ,parental involvement4 ,sec4 #aai4 ,qualifications for teachers and paraprofessionals4 ,sec4 #abj4 ,participation of children enrolled in private schools4 ,sec4 #aba4 ,fiscal requirements4 ,sec4 #abb4 ,coordination requirements4 ,sec4 #abc4 ,grants for the outlying areas and the ,secretary of the ,interior4 ,sec4 #abd4 ,allocations to ,states4 ,sec4 #abe4 ,basic grants to local educational agencies4 ,sec4 #abf4 ,adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year #bjja4 ,sec4 #abg4 ,education finance incentive grant program4 ,sec4 #abh4 ,carryover and waiver4 ,subtitle ,c--,additional ,aid to ,states and ,school ,districts ,sec4 #aca4 ,additional aid4 ,subtitle ,d--,national assessment ,sec4 #ada4 ,national assessment of title ,i4 ,subtitle ,e--,title ,i general provisions ,sec4 #aea4 ,general provisions for title ,i4 ,title ,,ii--,teacher ,preparation and ,effectiveness ,sec4 #bja4 ,teacher preparation and effectiveness4 ,sec4 #bjb4 ,conforming repeals4 ,title ,,iii--,parental ,engagement and ,local ,flexibility ,sec4 #cja4 ,parental engagement and local flexibility4 ,title ,,iv--,impact ,aid ,sec4 #dja4 ,purpose4 ,sec4 #djb4 ,payments relating to ,federal acquisition of real property4 ,sec4 #djc4 ,payments for eligible federally connected children4 ,sec4 #djd4 ,policies and procedures relating to children residing on ,indian lands4 ,sec4 #dje4 ,application for payments under sections #hjjb and #hjjc4 ,sec4 #djf4 ,construction4 ,sec4 #djg4 ,facilities4 ,sec4 #djh4 ,state consideration of payments providing ,state aid4 ,sec4 #dji4 ,federal administration4 ,sec4 #daj4 ,administrative hearings and judicial review4 ,sec4 #daa4 ,definitions4 ,sec4 #dab4 ,authorization of appropriations4 ,sec4 #dac4 ,conforming amendments4 ,title ,v--,general provisions for the ,act ,sec4 #eja4 ,general provisions for the ,act4 ,sec4 #ejb4 ,repeal4 ,sec4 #ejc4 ,other laws4 ,sec4 #ejd4 ,amendment to ,,idea4 ,title ,,vi--,repeal ,sec4 #fja4 ,repeal of title ,,vi4 ,title ,,vii--,homeless ,education ,sec4 #gja4 ,statement of policy4 ,sec4 #gjb4 ,grants for ,state and local activities for the education of homeless children and youths4 ,sec4 #gjc4 ,local educational agency subgrants for the education of homeless children and youths4 ,sec4 #gjd4 ,secretarial responsibilities4 ,sec4 #gje4 ,definitions4 ,sec4 #gjf4 ,authorization of appropriations4 #c4 ,references ,except as otherwise expressly provided1 whenever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq474 #d4 ,transition ,unless otherwise provided in this ,act1 any person or agency that was awarded a grant under the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq47 prior to the date of the enactment of this ,act shall continue to receive funds in accordance with the terms of such award1 except that funds for such award may not continue more than one year after the date of the enactment of this ,act4 #e4 ,effective dates 7a7 ,in general ,except as otherwise provided in this ,act1 this ,act1 and the amendments made by this ,act1 shall be effective upon the date of enactment of this ,act4 7b7 ,noncompetitive programs ,with respect to noncompetitive programs under which any funds are allotted by the ,secretary of ,education to recipients on the basis of a formula1 this ,act1 and the amendments made by this ,act1 shall take effect on ,october #a1 #bjac4 7c7 ,competitive programs ,with respect to programs that are conducted by the ,secretary on a competitive basis1 this ,act1 and the amendments made by this ,act1 shall take effect with respect to appropriations for use under those programs for fiscal year #bjad4 7d7 ,impact ,aid ,with respect to title ,,iv of the ,act 7#bj ,u4,s4,c4 #ggja et seq47 7,impact ,aid71 this ,act1 and the amendments made by this ,act1 shall take effect with respect to appropriations for use under that title for fiscal year #bjad4 #f4 ,authorization of appropriations ,the ,act 7#bj ,u4,s4,c4 #fcja et seq47 is amended by inserting after section #b the following3 #c4 ,authorizations of appropriations 7a7 ,title ,i 7#a7 ,part ,a ,there are authorized to be appropriated to carry out part ,a of title ,i #af1fea1gfg1jjj for each of fiscal years #bjad through #bjai4 7#b7 ,part ,b ,there are authorized to be appropriated to carry out part ,b of title ,i #c1jbh1jjj for each of fiscal years #bjad through #bjai4 7b7 ,title ,,ii ,there are authorized to be appropriated to carry out title ,,ii #b1dda1edi1jjj for each of fiscal years #bjad through #bjai4 7c7 ,title ,,iii 7#a7 ,part ,a 7,a7 ,subpart #a ,there are authorized to be appropriated to carry out subpart #a of part ,a of title ,,iii #cjj1jjj1jjj for each of fiscal years #bjad through #bjai4 7,b7 ,subpart #b ,there are authorized to be appropriated to carry out subpart #b of part ,a of title ,,iii #ia1fdg1jjj for each of fiscal years #bjad through #bjai4 7,c7 ,subpart #c ,there are authorized to be appropriated to carry out subpart #c of part ,a of title ,,iii #be1jjj1jjj for each of fiscal years #bjad through #bjai4 7#b7 ,part ,b ,there are authorized to be appropriated to carry out part ,b of title ,,iii #b1jee1gji1jjj for each of fiscal years #bjad through #bjai4 7d7 ,title ,,iv 7#a7 ,payments for ,federal acquisition of real property ,for the purpose of making payments under section #djjb1 there are authorized to be appropriated #fc1dde1jjj for each of fiscal years #bjad through #bjai4 7#b7 ,basic payments2 payments for heavily impacted local educational agencies ,for the purpose of making payments under section #djjc7;b71 there are authorized to be appropriated #a1jic1bjc1jjj for each of fiscal years #bjad through #bjai4 7#c7 ,payments for children with disabilities ,for the purpose of making payments under section #djjc7;d71 there are authorized to be appropriated #de1hha1jjj for each of fiscal years #bjad through #bjai4 7#d7 ,construction ,for the purpose of carrying out section #djjg1 there are authorized to be appropriated #af1ebi1jjj for each of fiscal years #bjad through #bjai4 7#e7 ,facilities maintenance ,for the purpose of carrying out section #djjh1 there are authorized to be appropriated #d1eia1jjj for each of fiscal years #bjad through #bjai4 4 ,i ,aid to local educational agencies ,a ,in general #aja4 ,title heading ,the title heading for title ,i 7#bj ,u4,s4,c4 #fcja et seq47 is amended to read as follows3 ,i ,aid to local educational agencies 4 #ajb4 ,statement of purpose ,section #ajja 7#bj ,u4,s4,c4 #fcja7 is amended to read as follows3 #ajja4 ,statement of purpose ,the purpose of this title is to provide all children the opportunity to graduate high school prepared for postsecondary education or the workforce4 ,this purpose can be accomplished by-- 7#a7 meeting the educational needs of low-achieving children in our ,nation's highest-poverty schools1 ,english learners1 migratory children1 children with disabilities1 ,indian children1 and neglected or delinquent children2 7#b7 closing the achievement gap between high- and low-performing children1 especially the achievement gaps between minority and nonminority students1 and between disadvantaged children and their more advantaged peers2 7#c7 affording parents substantial and meaningful opportunities to participate in the education of their children2 and 7#d7 challenging ,states and local educational agencies to embrace meaningful1 evidence-based education reform1 while encouraging state and local innovation4 4 #ajc4 ,flexibility to use ,federal funds ,section #ajjb 7#bj ,u4,s4,c4 #fcjb7 is amended to read as follows3 #ajjb4 ,flexibility to use ,federal funds 7a7 ,alternative uses of ,federal funds for ,state educational agencies 7#a7 ,in general ,subject to subsections 7c7 and 7d7 and notwithstanding any other provision of law1 a ,state educational agency may use the applicable funding that the agency receives for a fiscal year to carry out any ,state activity authorized or required under one or more of the following provisions3 7,a7 ,section #ajjc4 7,b7 ,section #ajjd4 7,c7 ,subpart #b of part ,a of title ,i4 7,d7 ,subpart #c of part ,a of title ,i4 7,e7 ,subpart #d of part ,a of title ,i4 7,f7 ,chapter ,b of subpart #f of part ,a of title ,i4 7#b7 ,notification ,not later than ,june #a of each year1 a ,state educational agency shall notify the ,secretary of the ,state educational agency's intention to use the applicable funding for any of the alternative uses under paragraph 7#a74 7#c7 ,applicable funding defined 7,a7 ,in general ,except as provided in subparagraph 7,b71 in this subsection1 the term applicable funding means funds provided to carry out ,state activities under one or more of the following provisions4 7i7 ,section #ajjc4 7ii7 ,section #ajjd4 7iii7 ,subpart #b of part ,a of title ,i4 7iv7 ,subpart #c of part ,a of title ,i4 7v7 ,subpart #d of part ,a of title ,i4 7,b7 ,limitation ,in this subsection1 the term applicable funding does not include funds provided under any of the provisions listed in subparagraph 7,a7 that ,state educational agencies are required by this ,act-- 7i7 to reserve1 allocate1 or spend for required activities2 7ii7 to allocate1 allot1 or award to local educational agencies or other entities eligible to receive such funds2 or 7iii7 to use for technical assistance or monitoring4 7#d7 ,disbursement ,the ,secretary shall disburse the applicable funding to ,state educational agencies for alternative uses under paragraph 7#a7 for a fiscal year at the same time as the ,secretary disburses the applicable funding to ,state educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year4 7b7 ,alternative uses of ,federal funds for local educational agencies 7#a7 ,in general ,subject to subsections 7c7 and 7d7 and notwithstanding any other provision of law1 a local educational agency may use the applicable funding that the agency receives for a fiscal year to carry out any local activity authorized or required under one or more of the following provisions3 7,a7 ,section #ajjc4 7,b7 ,subpart #a of part ,a of title ,i4 7,c7 ,subpart #b of part ,a of title ,i4 7,d7 ,subpart #c of part ,a of title ,i4 7,e7 ,subpart #d of part ,a of title ,i4 7,f7 ,subpart #f of part ,a of title ,i4 7#b7 ,notification ,a local educational agency shall notify the ,state educational agency of the local educational agency's intention to use the applicable funding for any of the alternative uses under paragraph 7#a7 by a date that is established by the ,state educational agency for the notification4 7#c7 ,applicable funding defined 7,a7 ,in general ,except as provided in subparagraph 7,b71 in this subsection1 the term applicable funding means funds provided to carry out local activities under one or more of the following provisions3 7i7 ,subpart #b of part ,a of title ,i4 7ii7 ,subpart #c of part ,a of title ,i4 7iii7 ,subpart #d of part ,a of title ,i4 7iv7 ,chapter ,a of subpart #f of part ,a of title ,i4 7,b7 ,limitation ,in this subsection1 the term applicable funding does not include funds provided under any of the provisions listed in subparagraph 7,a7 that local educational agencies are required by this ,act-- 7i7 to reserve1 allocate1 or spend for required activities2 7ii7 to allocate1 allot1 or award to entities eligible to receive such funds2 or 7iii7 to use for technical assistance or monitoring4 7#d7 ,disbursement ,each ,state educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses under paragraph 7#a7 for the fiscal year at the same time as the ,state educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year4 7c7 ,rule for administrative costs ,a ,state educational agency or a local educational agency shall only use applicable funding 7as defined in subsection 7a77#c7 or 7b77#c71 respectively7 for administrative costs incurred in carrying out a provision listed in subsection 7a77#a7 or 7b77#a71 respectively1 to the extent that the agency1 in the absence of this section1 could have used funds for administrative costs with respect to a program listed in subsection 7a77#c7 or 7b77#c71 respectively4 7d7 ,rule of construction ,nothing in this section shall be construed to relieve a ,state educational agency or local educational agency of any requirements relating to-- 7#a7 use of ,federal funds to supplement1 not supplant1 non-,federal funds2 7#b7 comparability of services2 7#c7 equitable participation of private school students and teachers2 7#d7 applicable civil rights requirements2 7#e7 section #aaac2 or 7#f7 section #aaaa4 4 #ajd4 ,school improvement ,section #ajjc 7#bj ,u4,s4,c4 #fcjc7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking #b percent and inserting #g percent2 and 7,b7 by striking subpart #b of part ,a and all that follows through sections #aaaf and #aaag1 and inserting chapter ,b of subpart #a of part ,a for each fiscal year to carry out subsection 7b712 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking for schools identified for school improvement1 corrective action1 and restructuring1 for activities under section #aaaf7;b7 and inserting to carry out the ,state's system of school improvement under section #aaaa7;b77#c77;,b77iii72 and 7,b7 in paragraph 7#b71 by striking or educational service agencies and inserting 1 educational service agencies1 or non-profit or for-profit external providers with expertise in using evidence-based or other effective strategies to improve student achievement2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by inserting and at the end2 7,b7 in paragraph 7#b71 by striking need for such funds2 and and inserting commitment to using such funds to improve such schools42 and 7,c7 by striking paragraph 7#c72 7#d7 in subsection 7d77#a71 by striking subpart #b of part ,a2 and inserting chapter ,b of subpart #a of part ,a22 7#e7 in subsection 7e7-- 7,a7 by striking in any fiscal year and inserting in fiscal year #bjae and each subsequent fiscal year2 7,b7 by striking subpart #b and inserting chapter ,b of subpart #a of part ,a2 and 7,c7 by striking such subpart and inserting such chapter2 7#f7 in subsection 7f71 by striking and the percentage of students from each school from families with incomes below the poverty line2 and 7#g7 by striking subsection 7g74 #aje4 ,direct student services ,the ,act 7#bj ,u4,s4,c4 #fcja et seq47 is amended by inserting after section #ajjc the following3 #ajjc;,a4 ,direct student services 7a7 ,state reservation ,each ,state shall reserve #c percent of the amount the ,state receives under chapter ,b of subpart #a of part ,a for each fiscal year to carry out this section4 ,of such reserved funds1 the ,state educational agency may use up to #a percent to administer direct student services4 7b7 ,direct student services ,from the amount available after the application of subsection 7a71 each ,state shall award grants in accordance with this section to local educational agencies to support direct student services4 7c7 ,awards ,the ,state educational agency shall award grants to geographically diverse local educational agencies including suburban1 rural1 and urban local educational agencies4 ,if there are not enough funds to award all applicants in a sufficient size and scope to run an effective direct student services program1 the ,state shall prioritize awards to local educational agencies with the greatest number of low-performing schools4 7d7 ,local use of funds ,a local educational agency receiving an award under this section-- 7#a7 shall use up to #a percent of each award for outreach and communication to parents about their options and to register students for direct student services2 7#b7 may use not more than #b percent of each award for administrative costs related to direct student services2 and 7#c7 shall use the remainder of the award to pay the transportation required to provide public school choice or the hourly rate for high-quality academic tutoring services1 as determined by a provider on the ,state-approved list required under subsection 7f77#b74 7e7 ,application ,a local educational agency desiring to receive an award under subsection 7b7 shall submit an application describing how the local educational agency will-- 7#a7 provide adequate outreach to ensure parents can exercise a meaningful choice of direct student services for their child's education2 7#b7 ensure parents have adequate time and information to make a meaningful choice prior to enrolling their child in a direct student service2 7#c7 ensure sufficient availability of seats in the public schools the local educational agency will make available for public school choice options2 7#d7 determine the requirements or criteria for student eligibility for direct student services2 7#e7 select a variety of providers of high-quality academic tutoring from the ,state-approved list required under subsection 7f77#b7 and ensure fair negotiations in selecting such providers of high-quality academic tutoring1 including online1 on campus1 and other models of tutoring which provide meaningful choices to parents to find the best service for their child2 and 7#f7 develop an estimated per pupil expenditure available for eligible students to use toward high-quality academic tutoring which shall allow for an adequate level of services to increase academic achievement from a variety of high-quality academic tutoring providers4 7f7 ,providers and schools ,the ,state-- 7#a7 shall ensure that each local educational agency receiving an award to provide public school choice can provide a sufficient number of options to provide a meaningful choice for parents2 7#b7 shall compile a list of ,state-approved high-quality academic tutoring providers that includes online1 on campus1 and other models of tutoring2 and 7#c7 shall ensure that each local educational agency receiving an award will provide an adequate number of high-quality academic tutoring options to ensure parents have a meaningful choice of services4 4 #ajf4 ,state administration ,section #ajjd 7#bj ,u4,s4,c4 #fcjd7 is amended to read as follows3 #ajjd4 ,state administration 7a7 ,in general ,except as provided in subsection 7b71 to carry out administrative duties assigned under subparts #a1 #b1 and #c of part ,a of this title1 each ,state may reserve the greater of-- 7#a7 #a percent of the amounts received under such subparts2 or 7#b7 #djj1jjj 7#ej1jjj in the case of each outlying area74 7b7 ,exception ,if the sum of the amounts reserved under subparts #a1 #b1 and #c of part ,a of this title is equal to or greater than #ad1jjj1jjj1jjj1 then the reservation described in subsection 7a77#a7 shall not exceed #a percent of the amount the ,state would receive if #ad1jjj1jjj1jjj were allocated among the ,states for subparts #a1 #b1 and #c of part ,a of this title4 4 ,b ,improving the academic achievement of the disadvantaged #aaa4 ,part ,a headings 7a7 ,part heading ,the part heading for part ,a of title ,i 7#bj ,u4,s4,c4 #fcaa et seq47 is amended to read as follows3 ,a ,improving the academic achievement of the disadvantaged 4 7b7 ,subpart #a heading ,the ,act is amended by striking the subpart heading for subpart #a of part ,a of title ,i 7#bj ,u4,s4,c4 #fcaa et seq47 and inserting the following3 #a ,improving basic programs operated by local educational agencies ,a ,basic program requirements 4 7c7 ,subpart #b heading ,the ,act is amended by striking the subpart heading for subpart #b of part ,a of title ,i 7#bj ,u4,s4,c4 #fcca et seq47 and inserting the following3 ,b ,allocations 4 #aab4 ,state plans ,section #aaaa 7#bj ,u4,s4,c4 #fcaa7 is amended to read as follows3 #aaaa4 ,state plans 7a7 ,plans required 7#a7 ,in general ,for any ,state desiring to receive a grant under this subpart1 the ,state educational agency shall submit to the ,secretary a plan1 developed by the ,state educational agency1 in consultation with local educational agencies1 teachers1 school leaders1 public charter school representatives1 specialized instructional support personnel1 other appropriate school personnel1 and parents1 that satisfies the requirements of this section and that is coordinated with other programs under this ,act1 the ,individuals with ,disabilities ,education ,act1 the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf1 the ,head ,start ,act1 the ,adult ,education and ,family ,literacy ,act1 and the ,mc,kinney-,vento ,homeless ,assistance ,act4 7#b7 ,consolidated plan ,a ,state plan submitted under paragraph 7#a7 may be submitted as part of a consolidated plan under section #ecjb4 7b7 ,academic standards1 academic assessments1 and ,state accountability 7#a7 ,academic standards 7,a7 ,in general ,each ,state plan shall demonstrate that the ,state has adopted academic content standards and academic achievement standards aligned with such content standards that comply with the requirements of this paragraph4 7,b7 ,subjects ,the ,state shall have such academic standards for mathematics1 reading or language arts1 and science1 and may have such standards for any other subject determined by the ,state4 7,c7 ,requirements ,the standards described in subparagraph 7,a7 shall-- 7i7 apply to all public schools and public school students in the ,state2 and 7ii7 with respect to academic achievement standards1 include the same knowledge1 skills1 and levels of achievement expected of all public school students in the ,state4 7,d7 ,alternate academic achievement standards ,notwithstanding any other provision of this paragraph1 a ,state may1 through a documented and validated standards-setting process1 adopt alternate academic achievement standards for students with the most significant cognitive disabilities1 if-- 7i7 the determination about whether the achievement of an individual student should be measured against such standards is made separately for each student2 and 7ii7 such standards-- 7,i7 are aligned with the ,state academic standards required under subparagraph 7,a72 7,,ii7 promote access to the general curriculum2 and 7,,iii7 reflect professional judgment as to the highest possible standards achievable by such students4 7,e7 ,english language proficiency standards ,each ,state plan shall describe how the ,state educational agency will establish ,english language proficiency standards that are-- 7i7 derived from the four recognized domains of speaking1 listening1 reading1 and writing2 and 7ii7 aligned with the ,state's academic content standards in reading or language arts under subparagraph 7,a74 7#b7 ,academic assessments 7,a7 ,in general ,each ,state plan shall demonstrate that the ,state educational agency1 in consultation with local educational agencies1 has implemented a set of high-quality student academic assessments in mathematics1 reading or language arts1 and science4 ,at the ,state's discretion1 the ,state plan may also demonstrate that the ,state has implemented such assessments in any other subject chosen by the ,state4 7,b7 ,requirements ,such assessments shall-- 7i7 in the case of mathematics and reading or language arts1 be used in determining the performance of each local educational agency and public school in the ,state in accordance with the ,state's accountability system under paragraph 7#c72 7ii7 be the same academic assessments used to measure the academic achievement of all public school students in the ,state2 7iii7 be aligned with the ,state's academic standards and provide coherent and timely information about student attainment of such standards2 7iv7 be used for purposes for which such assessments are valid and reliable1 be of adequate technical quality for each purpose required under this ,act1 and be consistent with relevant1 nationally recognized professional and technical standards2 7v7 7,i7 in the case of mathematics and reading or language arts1 be administered in each of grades #c through #h and at least once in grades #i through #ab2 7,,ii7 in the case of science1 be administered not less than one time during-- 7aa7 grades #c through #e2 7bb7 grades #f through #i2 and 7cc7 grades #aj through #ab2 and 7,,iii7 in the case of any other subject chosen by the ,state1 be administered at the discretion of the ,state2 7vi7 measure individual student academic proficiency and growth2 7vii7 at the ,state's discretion-- 7,i7 be administered through a single annual summative assessment2 or 7,,ii7 be administered through multiple assessments during the course of the academic year that result in a single summative score that provides valid1 reliable1 and transparent information on student achievement2 7viii7 include measures that assess higher-order thinking skills and understanding2 7ix7 provide for-- 7,i7 the participation in such assessments of all students2 7,,ii7 the reasonable adaptations and accommodations for students with disabilities necessary to measure the academic achievement of such students relative to the ,state's academic standards2 and 7,,iii7 the inclusion of ,english learners1 who shall be assessed in a valid and reliable manner and provided reasonable accommodations1 including1 to the extent practicable1 assessments in the language and form most likely to yield accurate and reliable information on what such students know and can do in academic content areas1 until such students have achieved ,english language proficiency1 as assessed by the ,state under subparagraph 7,d72 7x7 notwithstanding clause 7ix77,,iii71 provide for the assessment of reading or language arts in ,english for ,english learners who have attended school in the ,united ,states 7not including ,puerto ,rico7 for #c or more consecutive school years1 except that a local educational agency may1 on a case-by-case basis1 provide for the assessment of reading or language arts for each such student in a language other than ,english for a period not to exceed #b additional consecutive years if the assessment would be more likely to yield accurate and reliable information on what such student knows and can do1 provided that such student has not yet reached a level of ,english language proficiency sufficient to yield valid and reliable information on what such student knows and can do on reading or language arts assessments written in ,english2 7xi7 produce individual student interpretive1 descriptive1 and diagnostic reports regarding achievement on such assessments that allow parents1 teachers1 and school leaders to understand and address the specific academic needs of students1 and that are provided to parents1 teachers1 and school leaders1 as soon as is practicable after the assessment is given1 in an understandable and uniform format1 and to the extent practicable1 in a language that parents can understand2 7xii7 enable results to be disaggregated within each ,state1 local educational agency1 and school by gender1 by each major racial and ethnic group1 by ,english language proficiency status1 by migrant status1 by status as a student with a disability1 and by economically disadvantaged status1 except that1 in the case of a local educational agency or a school1 such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student2 and 7xiii7 be administered to not less than #ie percent of all students1 and not less than #ie percent of each subgroup of students described in paragraph 7#c77;,b77ii77,,ii74 7,c7 ,alternate assessments ,a ,state may provide for alternate assessments aligned with the alternate academic standards adopted in accordance with paragraph 7#a77;,d71 for students with the most significant cognitive disabilities1 if the ,state-- 7i7 establishes and monitors implementation of clear and appropriate guidelines for individualized education program teams 7as defined in section #fad7;d77#a77;,b7 of the ,individuals with ,disabilities ,education ,act7 to apply when determining when a child's significant cognitive disability justifies assessment based on alternate achievement standards2 7ii7 ensures that the parents of such students are informed that-- 7,i7 their child's academic achievement will be measured against such alternate standards2 and 7,,ii7 whether participation in such assessments precludes the student from completing the requirements for a regular high school diploma2 7iii7 demonstrates that such students are1 to the extent practicable1 included in the general curriculum and that such alternate assessments are aligned with such curriculum2 7iv7 develops1 disseminates information about1 and promotes the use of appropriate accommodations to increase the number of students with disabilities who are tested against academic achievement standards for the grade in which a student is enrolled2 and 7v7 ensures that regular and special education teachers and other appropriate staff know how to administer the alternate assessments1 including making appropriate use of accommodations for students with disabilities4 7,d7 ,assessments of ,english language proficiency 7i7 ,in general ,each ,state plan shall demonstrate that local educational agencies in the ,state will provide for an annual assessment of ,english proficiency of all ,english learners in the schools served by the ,state educational agency4 7ii7 ,alignment ,the assessments described in clause 7i7 shall be aligned with the ,state's ,english language proficiency standards described in paragraph 7#a77;,e74 7,e7 ,language assessments ,each ,state plan shall identify the languages other than ,english that are present in the participating student population and indicate the languages for which yearly student academic assessments are not available and are needed4 ,the ,state shall make every effort to develop such assessments and may request assistance from the ,secretary if linguistically accessible academic assessment measures are needed4 ,upon request1 the ,secretary shall assist with the identification of appropriate academic assessment measures in the needed languages1 but shall not mandate a specific academic assessment or mode of instruction4 7,f7 ,adaptive assessments ,a ,state may develop and administer computer adaptive assessments as the assessments required under subparagraph 7,a74 ,if a ,state develops and administers a computer adaptive assessment for such purposes1 the assessment shall meet the requirements of this paragraph1 except as follows3 7i7 ,notwithstanding subparagraph 7,b77iii71 the assessment-- 7,i7 shall measure1 at a minimum1 each student's academic proficiency against the ,state's academic standards for the student's grade level and growth toward such standards2 and 7,,ii7 if the ,state chooses1 may be used to measure the student's level of academic proficiency and growth using assessment items above or below the student's grade level1 including for use as part of a ,state's accountability system under paragraph 7#c74 7ii7 ,subparagraph 7,b77ii7 shall not be interpreted to require that all students taking the computer adaptive assessment be administered the same assessment items4 7#c7 ,state accountability systems 7,a7 ,in general ,each ,state plan shall demonstrate that the ,state has developed and is implementing a single1 statewide accountability system to ensure that all public school students graduate from high school prepared for postsecondary education or the workforce without the need for remediation4 7,b7 ,elements ,each ,state accountability system described in subparagraph 7,a7 shall at a minimum-- 7i7 annually measure the academic achievement of all public school students in the ,state against the ,state's mathematics and reading or language arts academic standards adopted under paragraph 7#a71 which may include measures of student growth toward such standards1 using the mathematics and reading or language arts assessments described in paragraph 7#b77;,b7 and other valid and reliable academic indicators related to student achievement as identified by the ,state2 7ii7 annually evaluate and identify the academic performance of each public school in the ,state based on-- 7,i7 student academic achievement as measured in accordance with clause 7i72 and 7,,ii7 the overall performance1 and achievement gaps as compared to all students in the school1 for economically disadvantaged students1 students from major racial and ethnic groups1 students with disabilities1 and ,english learners1 except that disaggregation of data under this subclause shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student2 and 7iii7 include a system for school improvement for low-performing public schools receiving funds under this subpart that-- 7,i7 implements interventions in such schools that are designed to address such schools' weaknesses2 and 7,,ii7 is implemented by local educational agencies serving such schools4 7,c7 ,prohibition ,nothing in this section shall be construed to permit the ,secretary to establish any criteria that specifies1 defines1 or prescribes any aspect of a ,state's accountability system developed and implemented in accordance with this paragraph4 7,d7 ,accountability for charter schools ,the accountability provisions under this ,act shall be overseen for charter schools in accordance with ,state charter school law4 7#d7 ,requirements ,each ,state plan shall describe-- 7,a7 how the ,state educational agency will assist each local educational agency and each public school affected by the ,state plan to comply with the requirements of this subpart1 including how the ,state educational agency will work with local educational agencies to provide technical assistance2 and 7,b7 how the ,state educational agency will ensure that the results of the ,state assessments described in paragraph 7#b71 the other indicators selected by the ,state under paragraph 7#c77;,b77i71 and the school evaluations described in paragraph 7#c77;,b77ii71 will be promptly provided to local educational agencies1 schools1 teachers1 and parents in a manner that is clear and easy to understand1 but not later than before the beginning of the school year following the school year in which such assessments1 other indicators1 or evaluations are taken or completed4 7#e7 ,timeline for implementation ,each ,state plan shall describe the process by which the ,state will adopt and implement the ,state academic standards1 assessments1 and accountability system required under this section within #b years of enactment of the ,student ,success ,act4 7#f7 ,existing standards ,nothing in this subpart shall prohibit a ,state from revising1 consistent with this section1 any standard adopted under this section before or after the date of enactment of the ,student ,success ,act4 7#g7 ,existing ,state law ,nothing in this section shall be construed to alter any ,state law or regulation granting parents authority over schools that repeatedly failed to make adequate yearly progress under this section1 as in effect on the day before the date of the enactment of the ,student ,success ,act4 7c7 ,other provisions to support teaching and learning ,each ,state plan shall contain assurances that-- 7#a7 the ,state will notify local educational agencies1 schools1 teachers1 parents1 and the public of the academic standards1 academic assessments1 and ,state accountability system developed and implemented under this section2 7#b7 the ,state will participate in biennial ,state academic assessments of #dth and #hth grade reading and mathematics under the ,national ,assessment of ,educational ,progress carried out under section #cjc7;b77#b7 of the ,national ,assessment of ,educational ,progress ,authorization ,act if the ,secretary pays the costs of administering such assessments2 7#c7 the ,state educational agency will notify local educational agencies and the public of the authority to operate schoolwide programs2 7#d7 the ,state educational agency will provide the least restrictive and burdensome regulations for local educational agencies and individual schools participating in a program assisted under this subpart2 7#e7 the ,state educational agency will encourage schools to consolidate funds from other ,federal1 ,state1 and local sources for schoolwide reform in schoolwide programs under section #aaad2 7#f7 the ,state educational agency will modify or eliminate ,state fiscal and accounting barriers so that schools can easily consolidate funds from other ,federal1 ,state1 and local sources for schoolwide programs under section #aaad2 and 7#g7 the ,state educational agency will inform local educational agencies in the ,state of the local educational agency's authority to transfer funds under section #ajjb and to obtain waivers under section #edja4 7d7 ,parental involvement ,each ,state plan shall describe how the ,state educational agency will support the collection and dissemination to local educational agencies and schools of effective parental involvement practices4 ,such practices shall-- 7#a7 be based on the most current research that meets the highest professional and technical standards on effective parental involvement that fosters achievement to high standards for all children2 7#b7 be geared toward lowering barriers to greater participation by parents in school planning1 review1 and improvement2 and 7#c7 be coordinated with programs funded under subpart #c of part ,a of title ,,iii4 7e7 ,peer review and secretarial approval 7#a7 ,establishment ,notwithstanding section #eedc1 the ,secretary shall-- 7,a7 establish a peer-review process to assist in the review of ,state plans2 and 7,b7 appoint individuals to the peer-review process who are representative of parents1 teachers1 ,state educational agencies1 and local educational agencies1 and who are familiar with educational standards1 assessments1 accountability1 the needs of low-performing schools1 and other educational needs of students1 and ensure that #ge percent of such appointees are practitioners4 7#b7 ,approval ,the ,secretary shall-- 7,a7 approve a ,state plan within #abj days of its submission2 7,b7 disapprove of the ,state plan only if the ,secretary demonstrates how the ,state plan fails to meet the requirements of this section and immediately notifies the ,state of such determination and the reasons for such determination2 7,c7 not decline to approve a ,state's plan before-- 7i7 offering the ,state an opportunity to revise its plan2 7ii7 providing technical assistance in order to assist the ,state to meet the requirements of this section2 and 7iii7 providing a hearing2 and 7,d7 have the authority to disapprove a ,state plan for not meeting the requirements of this subpart1 but shall not have the authority to require a ,state1 as a condition of approval of the ,state plan1 to include in1 or delete from1 such plan one or more specific elements of the ,state's academic standards or ,state accountability system1 or to use specific academic assessments or other indicators4 7#c7 ,state revisions ,a ,state plan shall be revised by the ,state educational agency if it is necessary to satisfy the requirements of this section4 7#d7 ,public review ,all communications1 feedback1 and notifications under this subsection shall be conducted in a manner that is immediately made available to the public through the website of the ,department1 including-- 7,a7 peer review guidance2 7,b7 the names of the peer reviewers2 7,c7 ,state plans submitted or resubmitted by a ,state1 including the current approved plans2 7,d7 peer review notes2 7,e7 ,state plan determinations by the ,secretary1 including approvals or disapprovals1 and any deviations from the peer reviewers' recommendations with an explanation of the deviation2 and 7,f7 hearings4 7#e7 ,prohibition ,the ,secretary1 and the ,secretary's staff1 may not attempt to participate in1 or influence1 the peer review process4 ,no ,federal employee may participate in1 or attempt to influence the peer review process1 except to respond to questions of a technical nature1 which shall be publicly reported4 7f7 ,duration of the plan 7#a7 ,in general ,each ,state plan shall-- 7,a7 remain in effect for the duration of the ,state's participation under this subpart2 and 7,b7 be periodically reviewed and revised as necessary by the ,state educational agency to reflect changes in the ,state's strategies and programs under this subpart4 7#b7 ,additional information ,if a ,state makes significant changes to its ,state plan1 such as the adoption of new ,state academic standards or new academic assessments1 or adopts a new ,state accountability system1 such information shall be submitted to the ,secretary under subsection 7e77#b7 for approval4 7g7 ,failure to meet requirements ,if a ,state fails to meet any of the requirements of this section then the ,secretary shall withhold funds for ,state administration under this subpart until the ,secretary determines that the ,state has fulfilled those requirements4 7h7 ,reports 7#a7 ,annual ,state report card 7,a7 ,in general ,a ,state that receives assistance under this subpart shall prepare and disseminate an annual ,state report card4 ,such dissemination shall include1 at a minimum1 publicly posting the report card on the home page of the ,state educational agency's website4 7,b7 ,implementation ,the ,state report card shall be-- 7i7 concise2 and 7ii7 presented in an understandable and uniform format that is developed in consultation with parents and1 to the extent practicable1 provided in a language that parents can understand4 7,c7 ,required information ,the ,state shall include in its annual ,state report card information on-- 7i7 the performance of students1 in the aggregate and disaggregated by the categories of students described in subsection 7b77#b77;,b77xii7 7except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student71 on the ,state academic assessments described in subsection 7b77#b72 7ii7 the participation rate on such assessments1 in the aggregate and disaggregated in accordance with clause 7i72 7iii7 the performance of students1 in the aggregate and disaggregated in accordance with clause 7i71 on other academic indicators described in subsection 7b77#c77;,b77i72 7iv7 for each public high school in the ,state1 in the aggregate and disaggregated in accordance with clause 7i7-- 7,i7 the four-year adjusted cohort graduation rate1 and 7,,ii7 if applicable1 the extended-year adjusted cohort graduation rate1 reported separately for students graduating in #e years or less1 students graduating in #f years or less1 and students graduating in #g or more years2 7v7 each public school's evaluation results as determined in accordance with subsection 7b77#c77;,b77ii72 7vi7 the acquisition of ,english proficiency by ,english learners2 7vii7 the number and percentage of teachers in each category established under clause 7iii7 of section #babc7a77;,a71 except that such information shall not reveal personally identifiable information about an individual teacher2 and 7viii7 the results of the assessments described in subsection 7c77#b74 7,d7 ,optional information ,the ,state may include in its annual ,state report card such other information as the ,state believes will best provide parents1 students1 and other members of the public with information regarding the progress of each of the ,state's public elementary schools and public secondary schools4 7#b7 ,annual local educational agency report cards 7,a7 ,in general ,a local educational agency that receives assistance under this subpart shall prepare and disseminate an annual local educational agency report card4 7,b7 ,minimum requirements ,the ,state educational agency shall ensure that each local educational agency collects appropriate data and includes in the local educational agency's annual report the information described in paragraph 7#a77;,c7 as applied to the local educational agency and each school served by the local educational agency1 and-- 7i7 in the case of a local educational agency1 information that shows how students served by the local educational agency achieved on the statewide academic assessment and other academic indicators adopted in accordance with subsection 7b77#c77;,b77i7 compared to students in the ,state as a whole2 and 7ii7 in the case of a school1 the school's evaluation under subsection 7b77#c77;,b77ii74 7,c7 ,other information ,a local educational agency may include in its annual local educational agency report card any other appropriate information1 whether or not such information is included in the annual ,state report card4 7,d7 ,data ,a local educational agency or school shall only include in its annual local educational agency report card data that are sufficient to yield statistically reliable information1 as determined by the ,state1 and that do not reveal personally identifiable information about an individual student4 7,e7 ,public dissemination ,the local educational agency shall publicly disseminate the information described in this paragraph to all schools served by the local educational agency and to all parents of students attending those schools in an understandable and uniform format1 and1 to the extent practicable1 in a language that parents can understand1 and make the information widely available through public means1 such as posting on the ,internet1 distribution to the media1 and distribution through public agencies1 except that if a local educational agency issues a report card for all students1 the local educational agency may include the information under this section as part of such report4 7#c7 ,preexisting report cards ,a ,state educational agency or local educational agency may use public report cards on the performance of students1 schools1 local educational agencies1 or the ,state1 that were in effect prior to the enactment of the ,student ,success ,act for the purpose of this subsection1 so long as any such report card is modified1 as may be needed1 to contain the information required by this subsection4 7#d7 ,parents right-to-know 7,a7 ,achievement information ,at the beginning of each school year1 a school that receives funds under this subpart shall provide to each individual parent information on the level of achievement of the parent's child in each of the ,state academic assessments and other academic indicators adopted in accordance with this subpart4 7,b7 ,format ,the notice and information provided to parents under this paragraph shall be in an understandable and uniform format and1 to the extent practicable1 provided in a language that the parents can understand4 7i7 ,privacy ,information collected under this section shall be collected and disseminated in a manner that protects the privacy of individuals consistent with section #ddd of the ,general ,education ,provisions ,act4 7j7 ,voluntary partnerships ,a ,state may enter into a voluntary partnership with another ,state to develop and implement the academic standards and assessments required under this section1 except that the ,secretary shall not1 either directly or indirectly1 attempt to influence1 incentivize1 or coerce ,state-- 7#a7 adoption of the ,common ,core ,state ,standards developed under the ,common ,core ,state ,standards ,initiative1 any other academic standards common to a significant number of ,states1 or assessments tied to such standards2 or 7#b7 participation in any such partnerships4 7k7 ,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 purposes4 7l7 ,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 receiving funds under this subpart1 the following shall apply3 7#a7 ,each such school that is accredited by the ,state in which it is operating shall use the assessments and other academic indicators the ,state has developed and implemented to meet the requirements of this section1 or such other appropriate assessment and academic indicators as approved by the ,secretary of the ,interior4 7#b7 ,each such school that is accredited by a regional accrediting organization shall adopt an appropriate assessment and other academic indicators1 in consultation with and with the approval of1 the ,secretary of the ,interior and consistent with assessments and academic indicators adopted by other schools in the same ,state or region1 that meet the requirements of this section4 7#c7 ,each such school that is accredited by a tribal accrediting agency or tribal division of education shall use an assessment and other academic indicators developed by such agency or division1 except that the ,secretary of the ,interior shall ensure that such assessment and academic indicators meet the requirements of this section4 4 #aac4 ,local educational agency plans ,section #aaab 7#bj ,u4,s4,c4 #fcab7 is amended to read as follows3 #aaab4 ,local educational agency plans 7a7 ,plans ,required 7#a7 ,subgrants ,a local educational agency may receive a subgrant under this subpart for any fiscal year only if such agency has on file with the ,state educational agency a plan1 approved by the ,state educational agency1 that is coordinated with other programs under this ,act1 the ,individuals with ,disabilities ,education ,act1 the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf1 the ,mc,kinney-,vento ,homeless ,assistance ,act1 and other ,acts1 as appropriate4 7#b7 ,consolidated application ,the plan may be submitted as part of a consolidated application under section #ecje4 7b7 ,plan provisions ,each local educational agency plan shall describe-- 7#a7 how the local educational agency will monitor1 in addition to the ,state assessments described in section #aaaa7;b77#b71 students' progress in meeting the ,state's academic standards2 7#b7 how the local educational agency will identify quickly and effectively those students who may be at risk of failing to meet the ,state's academic standards2 7#c7 how the local educational agency will provide additional educational assistance to individual students in need of additional help in meeting the ,state's academic standards2 7#d7 how the local educational agency will implement the school improvement system described in section #aaaa7;b77#c77;,b77iii7 for any of the agency's schools identified under such section2 7#e7 how the local educational agency will coordinate programs under this subpart with other programs under this ,act and other ,acts1 as appropriate2 7#f7 the poverty criteria that will be used to select school attendance areas under section #aaac2 7#g7 how teachers1 in consultation with parents1 administrators1 and specialized instructional support personnel1 in targeted assistance schools under section #aaae1 will identify the eligible children most in need of services under this subpart2 7#h7 in general1 the nature of the programs to be conducted by the local educational agency's schools under sections #aaad and #aaae1 and1 where appropriate1 educational services outside such schools for children living in local institutions for neglected and delinquent children1 and for neglected and delinquent children in community day school programs2 7#i7 how the local educational agency will ensure that migratory children who are eligible to receive services under this subpart are selected to receive such services on the same basis as other children who are selected to receive services under this subpart2 7#aj7 the services the local educational agency will provide homeless children1 including services provided with funds reserved under section #aaac7;c77#c77;,a72 7#aa7 the strategy the local educational agency will use to implement effective parental involvement under section #aaah2 7#ab7 if appropriate1 how the local educational agency will use funds under this subpart to support preschool programs for children1 particularly children participating in a ,head ,start program1 which services may be provided directly by the local educational agency or through a subcontract with the local ,head ,start agency designated by the ,secretary of ,health and ,human ,services under section #fda of the ,head ,start ,act1 or another comparable early childhood development program2 7#ac7 how the local educational agency1 through incentives for voluntary transfers1 the provision of professional development1 recruitment programs1 incentive pay1 performance pay1 or other effective strategies1 will address disparities in the rates of low-income and minority students and other students being taught by ineffective teachers2 7#ad7 if appropriate1 how the local educational agency will use funds under this subpart to support programs that coordinate and integrate-- 7,a7 career and technical education aligned with ,state technical standards that promote skills attainment important to in-demand occupations or industries in the ,state and the ,state's academic standards under section #aaaa7;b77#a72 and 7,b7 work-based learning opportunities that provide students in-depth interaction with industry professionals2 and 7#ae7 if appropriate1 how the local educational agency will use funds under this subpart to support dual enrollment programs and early college high schools4 7c7 ,assurances ,each local educational agency plan shall provide assurances that the local educational agency will-- 7#a7 participate1 if selected1 in biennial ,state academic assessments of #dth and #hth grade reading and mathematics under the ,national ,assessment of ,educational ,progress carried out under section #cjc7;b77#b7 of the ,national ,assessment of ,educational ,progress ,authorization ,act2 7#b7 inform schools of schoolwide program authority and the ability to consolidate funds from ,federal1 ,state1 and local sources2 7#c7 provide technical assistance to schoolwide programs2 7#d7 provide services to eligible children attending private elementary and secondary schools in accordance with section #aabj1 and timely and meaningful consultation with private school officials or representatives regarding such services2 7#e7 in the case of a local educational agency that chooses to use funds under this subpart to provide early childhood development services to low-income children below the age of compulsory school attendance1 ensure that such services comply with the performance standards established under section #fda;,a7a7 of the ,head ,start ,act2 7#f7 inform eligible schools of the local educational agency's authority to request waivers on the school's behalf under ,title ,v2 and 7#g7 ensure that the results of the academic assessments required under section #aaaa7;b77#b7 will be provided to parents and teachers as soon as is practicably possible after the test is taken1 in an understandable and uniform format and1 to the extent practicable1 provided in a language that the parents can understand4 7d7 ,special rule ,in carrying out subsection 7c77#e71 the ,secretary shall-- 7#a7 consult with the ,secretary of ,health and ,human ,services and shall establish procedures 7taking into consideration existing ,state and local laws1 and local teacher contracts7 to assist local educational agencies to comply with such subparagraph2 and 7#b7 disseminate to local educational agencies the education performance standards in effect under section #fda;,a7a77#a77;,b7 of the ,head ,start ,act1 and such agencies affected by such subsection shall plan for the implementation of such subsection 7taking into consideration existing ,state and local laws1 and local teacher contracts74 7e7 ,plan development and duration 7#a7 ,consultation ,each local educational agency plan shall be developed in consultation with teachers1 school leaders1 public charter school representatives1 administrators1 and other appropriate school personnel1 and with parents of children in schools served under this subpart4 7#b7 ,duration ,each such plan shall be submitted for the first year for which this part is in effect following the date of enactment of this ,act and shall remain in effect for the duration of the agency's participation under this subpart4 7#c7 ,review ,each local educational agency shall periodically review and1 as necessary1 revise its plan4 7f7 ,state approval 7#a7 ,in general ,each local educational agency plan shall be filed according to a schedule established by the ,state educational agency4 7#b7 ,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-- 7,a7 enables schools served under this subpart to substantially help children served under this subpart to meet the ,state's academic standards described in section #aaaa7;b77#a72 and 7,b7 meets the requirements of this section4 7#c7 ,review ,the ,state educational agency shall review the local educational agency's plan to determine if such agency's activities are in accordance with section #aaah4 7g7 ,parental notification 7#a7 ,in general ,each local educational agency using funds under this subpart and subpart #d to provide a language instruction educational program shall1 not later than #cj days after the beginning of the school year1 inform parents of an ,english learner identified for participation1 or participating in1 such a program of-- 7,a7 the reasons for the identification of their child as an ,english learner and in need of placement in a language instruction educational program2 7,b7 the child's level of ,english proficiency1 how such level was assessed1 and the status of the child's academic achievement2 7,c7 the methods of instruction used in the program in which their child is1 or will be participating1 and the methods of instruction used in other available programs1 including how such programs differ in content1 instructional goals1 and the use of ,english and a native language in instruction2 7,d7 how the program in which their child is1 or will be participating1 will meet the educational strengths and needs of their child2 7,e7 how such program will specifically help their child learn ,english1 and meet age-appropriate academic achievement standards for grade promotion and graduation2 7,f7 the specific exit requirements for the program1 including the expected rate of transition from such program into classrooms that are not tailored for ,english learners1 and the expected rate of graduation from high school for such program if funds under this subpart are used for children in secondary schools2 7,g7 in the case of a child with a disability1 how such program meets the objectives of the individualized education program of the child2 and 7,h7 information pertaining to parental rights that includes written guidance-- 7i7 detailing-- 7,i7 the right that parents have to have their child immediately removed from such program upon their request2 and 7,,ii7 the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction1 if available2 and 7ii7 assisting parents in selecting among various programs and methods of instruction1 if more than one program or method is offered by the eligible entity4 7#b7 ,notice ,the notice and information provided in paragraph 7#a7 to parents of a child identified for participation in a language instruction educational program for ,english learners shall be in an understandable and uniform format and1 to the extent practicable1 provided in a language that the parents can understand4 7#c7 ,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 the local educational agency shall notify parents within the first #b weeks of the child being placed in a language instruction educational program consistent with paragraphs 7#a7 and 7#b74 7#d7 ,parental participation ,each local educational agency receiving funds under this subpart shall implement an effective means of outreach to parents of ,english learners to inform the parents regarding how the parents can be involved in the education of their children1 and be active participants in assisting their children to attain ,english proficiency1 achieve at high levels in core academic subjects1 and meet the ,state's academic standards expected of all students1 including holding1 and sending notice of opportunities for1 regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this subpart4 7#e7 ,basis for admission or exclusion ,a student shall not be admitted to1 or excluded from1 any federally assisted education program on the basis of a surname or language-minority status4 4 #aad4 ,eligible school attendance areas ,section #aaac 7#bj ,u4,s4,c4 #fcac7 is amended-- 7#a7 by striking part each place it appears and inserting subpart2 and 7#b7 in subsection 7c77#d7-- 7,a7 by striking subpart #b and inserting chapter ,b2 and 7,b7 by striking school improvement1 corrective action1 and restructuring under section #aaaf7;b7 and inserting school improvement under section #aaaa7;b77#c77;,b77iii74 #aae4 ,schoolwide programs ,section #aaad 7#bj ,u4,s4,c4 #fcad7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking part and inserting subpart2 and 7ii7 by striking in which through such families2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a77i71 by striking part and inserting subpart2 and 7ii7 in subparagraph 7,b7-- 7,i7 by striking children with limited ,english proficiency and inserting ,english learners2 and 7,,ii7 by striking part and inserting subpart2 7,c7 in paragraph 7#c77;,b71 by striking maintenance of effort1 after private school children12 and 7,d7 by striking paragraph 7#d72 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking 7including and all that follows through #acji7b772 and 7,,ii7 by striking content standards and the ,state student academic achievement standards and inserting standards2 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i71 by striking proficient and all that follows through section #aaaa7;b77#a77;,d7 and inserting academic standards described in section #aaaa7;b77#a72 7,,ii7 in clause 7ii71 in the matter preceding subclause 7,i71 by striking based on scientifically based research and inserting evidence-based2 7,,iii7 in clause 7iii7-- 7aa7 in subclause 7,i7-- 7,,aa7 by striking student academic achievement standards and inserting academic standards2 and 7,,bb7 by striking schoolwide program1 and all that follows through technical education programs2 and and inserting schoolwide programs2 and2 and 7bb7 in subclause 7,,ii71 by striking and2 7,,iv7 in clause 7iv7-- 7aa7 by striking the ,state and local improvement plans and inserting school improvement strategies2 and 7bb7 by striking the period and inserting 2 and2 and 7,v7 by adding at the end the following new clause3 7v7 may be delivered by nonprofit or for-profit external providers with expertise in using evidence-based or other effective strategies to improve student achievement4 2 7iii7 in subparagraph 7,c71 by striking highly qualified and inserting effective2 7iv7 in subparagraph 7,d7-- 7,i7 by striking ,in accordance with section #aaai and subsection 7a77#d71 high-quality and inserting ,high-quality2 7,,ii7 by striking pupil services and inserting specialized instructional support services2 and 7,,iii7 by striking student academic achievement and inserting academic2 7v7 in subparagraph 7,e71 by striking high-quality highly qualified and inserting effective2 7vi7 in subparagraph 7,g71 by striking 1 such as ,head ,start1 ,even ,start1 ,early ,reading ,first1 or a ,state-run preschool program12 7vii7 in subparagraph 7,h71 by striking section #aaaa7;b77#c7 and inserting section #aaaa7;b77#b72 7viii7 in subparagraph 7,i71 by striking proficient or advanced levels of academic achievement standards and inserting ,state academic standards2 and 7ix7 in subparagraph 7,j71 by striking vocational and inserting career2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i7-- 7aa7 by striking first develop and all that follows through #bjja7 and inserting have in place2 and 7bb7 by striking and its school support team or other technical assistance provider under section #aaag2 7,,ii7 in clause 7ii71 by striking part and inserting subpart2 and 7,,iii7 in clause 7iv71 by striking section #aaaa7;b77#c7 and inserting section #aaaa7;b77#b72 and 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i7-- 7aa7 in subclause 7,i71 by striking 1 after considering the recommendation of the technical assistance providers under section #aaag12 and 7bb7 in subclause 7,,ii71 by striking ,no ,child ,left ,behind ,act of #bjja and inserting ,student ,success ,act2 7,,ii7 in clause 7ii7-- 7aa7 by striking 7including administrators of programs described in other parts of this title72 and 7bb7 by striking pupil services and inserting specialized instructional support services2 7,,iii7 in clause 7iii71 by striking part and inserting subpart2 and 7,,iv7 in clause 7v71 by striking ,reading ,first1 ,early ,reading ,first1 ,even ,start12 and 7#c7 in subsection 7c7-- 7,a7 by striking part and inserting subpart2 and 7,b7 by striking #f1 and all that follows through the period at the end and inserting #f44 #aaf4 ,targeted assistance schools ,section #aaae 7#bj ,u4,s4,c4 #fcae7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking are ineligible for a schoolwide program under section #aaad1 or that2 7,b7 by striking operate such and inserting operate2 and 7,c7 by striking part and inserting subpart2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,b71 by striking challenging student academic achievement and inserting academic2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking limited ,english proficient children and inserting ,english learners2 and 7,,ii7 by striking part each place it appears and inserting subpart2 7ii7 in subparagraph 7,b7-- 7,i7 in the heading1 by striking 1 ,even ,start1 or ,early ,reading ,first2 7,,ii7 by striking 1 ,even ,start1 or ,early ,reading ,first2 and 7,,iii7 by striking part and inserting subpart2 7iii7 in subparagraph 7,c7-- 7,i7 by amending the heading to read as follows3 ,subpart #c children4--2 7,,ii7 by striking part ,c and inserting subpart #c2 and 7,,iii7 by striking part and inserting subpart2 7iv7 in subparagraphs 7,d7 and 7,e71 by striking part each place it appears and inserting subpart2 7,c7 in paragraph 7#c71 by striking part and inserting subpart2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a7-- 7,i7 by striking part and inserting subpart2 and 7,,ii7 by striking challenging student academic achievement and inserting academic2 7ii7 in subparagraph 7,a7-- 7,i7 by striking part and inserting subpart2 and 7,,ii7 by striking challenging student academic achievement and inserting academic2 7iii7 in subparagraph 7,b71 by striking part and inserting subpart2 7iv7 in subparagraph 7,c7-- 7,i7 in the matter preceding clause 7i71 by striking based on scientifically based research and inserting evidence-based2 and 7,,ii7 in clause 7iii71 by striking part and inserting subpart2 7v7 in subparagraph 7,d71 by striking such as ,head ,start1 ,even ,start1 ,early ,reading ,first or ,state-run preschool programs2 7vi7 in subparagraph 7,e71 by striking highly qualified and inserting effective2 7vii7 in subparagraph 7,f7-- 7,i7 by striking in accordance with subsection 7e77#c7 and section #aaai12 7,,ii7 by striking part and inserting subpart2 and 7,,iii7 by striking pupil services personnel and inserting specialized instructional support personnel2 and 7viii7 in subparagraph 7,h71 by striking vocational and inserting career2 and 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking proficient and advanced levels of achievement and inserting academic standards2 7ii7 in subparagraph 7,a71 by striking part and inserting subpart2 and 7iii7 in subparagraph 7,b71 by striking challenging student academic achievement and inserting academic2 7#d7 in subsection 7d71 in the matter preceding paragraph 7#a71 by striking part each place it appears and inserting subpart2 7#e7 in subsection 7e7-- 7,a7 in paragraph 7#b77;,b7-- 7i7 in the matter preceding clause 7i71 by striking part and inserting subpart2 and 7ii7 in clause 7iii71 by striking pupil services and inserting specialized instructional support services2 and 7,b7 by striking paragraph 7#c72 and 7#f7 by adding at the end the following new subsection3 7f7 ,delivery of services ,the elements of a targeted assistance 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 achievement4 4 #aag4 ,academic assessment and local educational agency and school improvement2 school support and recognition ,the ,act is amended by repealing sections #aaaf and #aaag 7#bj ,u4,s4,c4 #fcaf2 #fcag74 #aah4 ,parental involvement ,section #aaah 7#bj ,u4,s4,c4 #fcah7 is amended-- 7#a7 by striking part each place such term appears and inserting subpart2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking 1 and and all that follows through #aaaf2 and 7ii7 in subparagraph 7,d71 by striking 1 such as and all that follows through preschool programs2 and 7,b7 in paragraph 7#c77;,a71 by striking subpart #b of this part each place it appears and inserting chapter ,b of this subpart2 7#c7 by amending subsection 7c77#d77;,b7 to read as follows3 7,b7 a description and explanation of the curriculum in use at the school and the forms of academic assessment used to measure student progress2 and 2 7#d7 in subsection 7d77#a71 by striking student academic achievement and inserting academic2 7#e7 in subsection 7e7-- 7,a7 in paragraph 7#a71 by striking ,state's academic content standards and ,state student academic achievement standards and inserting ,state's academic standards2 7,b7 in paragraph 7#c7-- 7i7 by striking pupil services personnel1 and inserting specialized instructional support personnel12 and 7ii7 by striking principals1 and inserting school leaders12 and 7,c7 in paragraph 7#d71 by striking ,head ,start1 ,reading ,first1 ,early ,reading ,first1 ,even ,start1 the ,home ,instruction ,programs for ,preschool ,youngsters1 the ,parents as ,teachers ,program1 and public preschool and other and inserting other ,federal1 ,state1 and local2 and 7#f7 by amending subsection 7g7 to read as follows3 7g7 ,family engagement in education programs ,in a ,state operating a program under subpart #c of part ,a of title ,,iii1 each local educational agency or school that receives assistance under this subpart shall inform such parents and organizations of the existence of such programs4 4 #aai4 ,qualifications for teachers and paraprofessionals ,the ,act is amended by repealing section #aaai 7#bj ,u4,s4,c4 #fcai74 #abj4 ,participation of children enrolled in private schools ,section #aabj 7#bj ,u4,s4,c4 #fcbj7 is amended to read as follows3 #aabj4 ,participation of children enrolled in private schools 7a7 ,general requirement 7#a7 ,in general ,to the extent consistent with the number of eligible children identified under section #aaae7;b7 in the school district served by a local educational agency who are enrolled in private elementary schools and secondary schools1 a local educational agency shall-- 7,a7 after timely and meaningful consultation with appropriate private school officials or representatives1 provide such service1 on an equitable basis and individually or in combination1 as requested by the officials or representatives to best meet the needs of such children1 special educational services1 instructional services1 counseling1 mentoring1 one-on-one tutoring1 or other benefits under this subpart 7such as dual enrollment1 educational radio and television1 computer equipment and materials1 other technology1 and mobile educational services and equipment7 that address their needs2 and 7,b7 ensure that teachers and families of the children participate1 on an equitable basis1 in services and activities developed pursuant to this subpart4 7#b7 ,secular1 neutral1 nonideological ,such educational services or other benefits1 including materials and equipment1 shall be secular1 neutral1 and nonideological4 7#c7 ,equity 7,a7 ,in general ,educational services and other benefits for such private school children shall be equitable in comparison to services and other benefits for public school children participating under this subpart1 and shall be provided in a timely manner4 7,b7 ,ombudsman ,to help ensure such equity for such private school children1 teachers1 and other educational personnel1 the ,state educational agency involved shall designate an ombudsman to monitor and enforce the requirements of this subpart4 7#d7 ,expenditures 7,a7 ,in general ,expenditures for educational services and other benefits to eligible private school children shall be equal to the expenditures for participating public school children1 taking into account the number1 and educational needs1 of the children to be served4 ,the share of funds shall be determined based on the total allocation received by the local educational agency prior to any allowable expenditures authorized under this title4 7,b7 ,obligation of funds ,funds allocated to a local educational agency for educational services and other benefits to eligible private school children shall-- 7i7 be obligated in the fiscal year for which the funds are received by the agency2 and 7ii7 with respect to any such funds that cannot be so obligated1 be used to serve such children in the following fiscal year4 7,c7 ,notice of allocation ,each ,state educational agency shall-- 7i7 determine1 in a timely manner1 the proportion of funds to be allocated to each local educational agency in the ,state for educational services and other benefits under this subpart to eligible private school children2 and 7ii7 provide notice1 simultaneously1 to each such local educational agency and the appropriate private school officials or their representatives in the ,state of such allocation of funds4 7#e7 ,provision of services ,the local educational agency or1 in a case described in subsection 7b77#f77;,c71 the ,state educational agency involved1 may provide services under this section directly or through contracts with public or private agencies1 organizations1 and institutions4 7b7 ,consultation 7#a7 ,in general ,to ensure timely and meaningful consultation1 a local educational agency shall consult with appropriate private school officials or representatives during the design and development of such agency's programs under this subpart in order to reach an agreement between the agency and the officials or representatives about equitable and effective programs for eligible private school children1 the results of which shall be transmitted to the designated ombudsmen under section #aabj7;a77#c77;,b74 ,such process shall include consultation on issues such as-- 7,a7 how the children's needs will be identified2 7,b7 what services will be offered2 7,c7 how1 where1 and by whom the services will be provided2 7,d7 how the services will be academically assessed and how the results of that assessment will be used to improve those services2 7,e7 the size and scope of the equitable services to be provided to the eligible private school children1 and the proportion of funds that is allocated under subsection 7a77#d77;,a7 for such services1 how that proportion of funds is determined under such subsection1 and an itemization of the costs of the services to be provided2 7,f7 the method or sources of data that are used under subsection 7c7 and section #aaac7;c77#a7 to determine the number of children from low-income families in participating school attendance areas who attend private schools2 7,g7 how and when the agency will make decisions about the delivery of services to such children1 including a thorough consideration and analysis of the views of the private school officials or representatives on the provision of services through a contract with potential third-party providers2 7,h7 how1 if the agency disagrees with the views of the private school officials or representatives on the provision of services through a contract1 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 contractor2 7,i7 whether the agency will provide services under this section directly or through contracts with public and private agencies1 organizations1 and institutions2 7,j7 whether to provide equitable services to eligible private school children-- 7i7 by creating a pool or pools of funds with all of the funds allocated under paragraph 7#d7 based on all the children from low-income families who attend private schools in a participating school attendance area of the agency from which the local educational agency will provide such services to all such children2 or 7ii7 by providing such services to eligible children in each private school in the agency's participating school attendance area with the proportion of funds allocated under paragraph 7#d7 based on the number of children from low-income families who attend such school2 and 7,k7 whether to consolidate and use funds under this subpart to provide schoolwide programs for a private school4 7#b7 ,disagreement ,if a local educational agency disagrees with the views of private school officials or representatives with respect to an issue described in paragraph 7#a71 the local educational agency shall provide in writing to such private school officials an analysis of the reasons why the local educational agency has chosen not to adopt the course of action requested by such officials4 7#c7 ,timing ,such consultation shall include meetings of agency and private school officials or representatives 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 subpart4 ,such meetings shall continue throughout implementation and assessment of services provided under this section4 7#d7 ,discussion ,such consultation shall include a discussion of service delivery mechanisms a local educational agency can use to provide equitable services to eligible private school children4 7#e7 ,documentation ,each local educational agency shall maintain in the agency's records and provide to the ,state educational agency involved a written affirmation signed by officials or representatives of each participating private school that the meaningful consultation required by this section has occurred4 ,the written affirmation shall provide the option for private school officials or representatives to indicate that timely and meaningful consultation has not occurred or that the program design is not equitable with respect to eligible private school children4 ,if such officials or representatives do not provide such affirmation within a reasonable period of time1 the local educational agency shall forward the documentation that such consultation has1 or attempts at such consultation have1 taken place to the ,state educational agency4 7#f7 ,compliance 7,a7 ,in general ,a private school official shall have the right to file a complaint with the ,state educational agency that the local educational agency did not engage in consultation that was meaningful and timely1 did not give due consideration to the views of the private school official1 or did not treat the private school or its students equitably as required by this section4 7,b7 ,procedure ,if the private school official wishes to file a complaint1 the official shall provide the basis of the noncompliance with this section by the local educational agency to the ,state educational agency1 and the local educational agency shall forward the appropriate documentation to the ,state educational agency4 7,c7 ,state educational agencies ,a ,state educational agency shall provide services under this section directly or through contracts with public or private agencies1 organizations1 and institutions1 if-- 7i7 the appropriate private school officials or their representatives have-- 7,i7 requested that the ,state educational agency provide such services directly2 and 7,,ii7 demonstrated that the local educational agency involved has not met the requirements of this section2 or 7ii7 in a case in which-- 7,i7 a local educational agency has more than #aj1jjj children from low-income families who attend private elementary schools or secondary schools in a participating school attendance area of the agency that are not being served by the agency's program under this section2 or 7,,ii7 #ij percent of the eligible private school students in a participating school attendance area of the agency are not being served by the agency's program under this section4 7c7 ,allocation for equitable service to private school students 7#a7 ,calculation ,a local educational agency shall have the final authority1 consistent with this section1 to calculate the number of children1 ages #e through #ag1 who are from low-income families and attend private schools by-- 7,a7 using the same measure of low income used to count public school children2 7,b7 using the results of a survey that1 to the extent possible1 protects the identity of families of private school students1 and allowing such survey results to be extrapolated if complete actual data are unavailable2 7,c7 applying the low-income percentage of each participating public school attendance area1 determined pursuant to this section1 to the number of private school children who reside in that school attendance area2 or 7,d7 using an equated measure of low income correlated with the measure of low income used to count public school children4 7#b7 ,complaint process ,any dispute regarding low-income data for private school students shall be subject to the complaint process authorized in section #eejc4 7d7 ,public control of funds 7#a7 ,in general ,the control of funds provided under this subpart1 and title to materials1 equipment1 and property purchased with such funds1 shall be in a public agency1 and a public agency shall administer such funds1 materials1 equipment1 and property4 7#b7 ,provision of services 7,a7 ,provider ,the provision of services under this section shall be provided-- 7i7 by employees of a public agency2 or 7ii7 through a contract by such public agency with an individual1 association1 agency1 or organization4 7,b7 ,requirement ,in the provision of such services1 such employee1 individual1 association1 agency1 or organization shall be independent of such private school and of any religious organization1 and such employment or contract shall be under the control and supervision of such public agency4 7e7 ,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 elementary schools and secondary schools1 or if the ,secretary determines that a local educational agency has substantially failed or is unwilling to provide for such participation1 as required by this section1 the ,secretary shall-- 7#a7 waive the requirements of this section for such local educational agency2 7#b7 arrange for the provision of services to such children through arrangements that shall be subject to the requirements of this section and sections #eejc and #eejd2 and 7#c7 in making the determination under this subsection1 consider one or more factors1 including the quality1 size1 scope1 and location of the program and the opportunity of eligible children to participate4 4 #aba4 ,fiscal requirements ,section #aabj;,a 7#bj ,u4,s4,c4 #fcba7 is amended-- 7#a7 by striking part each place it appears and inserting subpart2 and 7#b7 by striking subsection 7a7 and redesignating subsections 7b71 7c71 and 7d7 as subsections 7a71 7b71 and 7c71 respectively4 #abb4 ,coordination requirements ,section #aabj;,b 7#bj ,u4,s4,c4 #fcbb7 is amended-- 7#a7 by striking part each place it appears and inserting subpart2 7#b7 in subsection 7a71 by striking such as the ,early ,reading ,first program2 and 7#c7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a71 by striking 1 such as the ,early ,reading ,first program12 7,b7 in paragraphs 7#a7 through 7#c71 by striking such as the ,early ,reading ,first program each place it appears2 7,c7 in paragraph 7#d71 by striking ,early ,reading ,first program staff12 and 7,d7 in paragraph 7#e71 by striking and entities carrying out ,early ,reading ,first programs4 #abc4 ,grants for the outlying areas and the ,secretary of the ,interior ,section #aaba 7#bj ,u4,s4,c4 #fcca7 is amended-- 7#a7 in subsection 7a71 by striking appropriated for payments to ,states for any fiscal year under section #ajjb7;a7 and #aabe;,a7f7 and inserting reserved for this chapter under section #aabb7;a72 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by striking the ,no ,child ,left ,behind ,act of #bjja and inserting the ,student ,success ,act2 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,b71 by striking basis1 and all that follows through the period at the end and inserting basis42 7ii7 in subparagraph 7,c77ii71 by striking challenging ,state academic content standards and inserting ,state academic standards2 and 7iii7 by striking subparagraph 7,d72 and 7#c7 in subsection 7d77#b71 by striking part and inserting subpart4 #abd4 ,allocations to ,states ,section #aabb 7#bj ,u4,s4,c4 #fccb7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,reservation 7#a7 ,in general ,from the amounts appropriated under section #c7;a77#a71 the ,secretary shall reserve #ia4jee percent of such amounts to carry out this chapter4 7#b7 ,allocation formula ,of the amount reserved under paragraph 7#a7 for each of fiscal years #bjad to #bjai 7referred to in this subsection as the current fiscal year7-- 7,a7 an amount equal to the amount made available to carry out section #aabd for fiscal year #bjja shall be used to carry out section #aabd2 7,b7 an amount equal to the amount made available to carry out section #aabd;,a for fiscal year #bjja shall be used to carry out section #aabd;,a2 and 7,c7 an amount equal to #ajj percent of the amount1 if any1 by which the total amount made available to carry out this chapter for the fiscal year for which the determination is made exceeds the total amount available to carry out sections #aabd and #aabd;,a for fiscal year #bjja shall be used to carry out sections #aabe and #aabe;,a and such amount shall be divided equally between sections #aabe and #aabe;,a4 2 7#b7 in subsection 7b77#a71 by striking subpart and inserting chapter2 7#c7 in subsection 7c77#c71 by striking part and inserting subpart2 and 7#d7 in subsection 7d77#a71 by striking subpart and inserting chapter4 #abe4 ,basic grants to local educational agencies ,section #aabd 7#bj ,u4,s4,c4 #fccc7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#c7-- 7i7 in subparagraph 7,b71 by striking subpart and inserting chapter2 and 7ii7 in subparagraph 7,c77i71 by striking subpart and inserting chapter2 and 7,b7 in paragraph 7#d77;,c71 by striking subpart each place it appears and inserting chapter2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a77;,b71 by striking subpart #a of part ,d and inserting chapter ,a of subpart #c2 and 7,b7 in paragraph 7#b71 by striking part and inserting subpart4 #abf4 ,adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year #bjja ,section #aabe;,,aa 7#bj ,u4,s4,c4 #fccf7 is amended to read as follows3 #aabe;,,aa4 ,adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year #bjja ,pursuant to section #aabb1 the total amount allocated in any fiscal year after fiscal year #bjja for programs and activities under this subpart shall not exceed the amount allocated in fiscal year #bjja for such programs and activities unless the amount available for targeted grants to local educational agencies under section #aabe in the applicable fiscal year meets the requirements of section #aabb7;a74 4 #abg4 ,education finance incentive grant program ,section #aabe;,a 7#bj ,u4,s4,c4 #fccg7 is amended-- 7#a7 by striking part each place it appears and inserting subpart2 7#b7 in subsection 7b77#a7-- 7,a7 in subparagraph 7,a71 by striking appropriated pursuant to subsection 7f7 and inserting made available for any fiscal year to carry out this section2 and 7,b7 in subparagraph 7,b77i71 by striking total appropriations and inserting the total amount reserved under section #aabb7;a7 to carry out this section2 7#c7 by striking subsections 7a71 7e71 and 7f7 and redesignating subsections 7b71 7c71 7d71 and 7g7 as subsections 7a71 7b71 7c71 and 7d71 respectively2 and 7#d7 in subsection 7b71 as redesignated1 by redesignating subparagraphs 7,a7 and 7,b7 as paragraphs 7#a7 and 7#b71 respectively4 #abh4 ,carryover and waiver ,section #aabg 7#bj ,u4,s4,c4 #fcci7 is amended by striking subpart each place it appears and inserting chapter4 ,c ,additional ,aid to ,states and ,school ,districts #aca4 ,additional aid 7a7 ,in general ,title ,i 7#bj ,u4,s4,c4 #fcja et seq471 as amended by the preceding provisions of this ,act1 is further amended-- 7#a7 by striking parts ,b through ,d and ,f through ,h2 and 7#b7 by inserting after subpart #a of part ,a the following3 #b ,education of ,migratory ,children #aaca4 ,program purposes ,the purposes of this subpart are as follows3 7#a7 ,to assist ,states in supporting high-quality and comprehensive educational programs and services during the school year1 and as applicable1 during summer or intercession periods1 that address the unique educational needs of migratory children4 7#b7 ,to ensure that migratory children who move among the ,states1 not be penalized in any manner by disparities among the ,states in curriculum1 graduation requirements1 and ,state academic standards4 7#c7 ,to help such children succeed in school1 meet the ,state academic standards that all children are expected to meet1 and graduate from high school prepared for postsecondary education and the workforce without the need for remediation4 7#d7 ,to help such children overcome educational disruption1 cultural and language barriers1 social isolation1 various health-related problems1 and other factors that inhibit the ability of such children to succeed in school4 7#e7 ,to help such children benefit from ,state and local systemic reforms4 #aacb4 ,program authorized 7a7 ,in ,general ,from the amounts appropriated under section #c7;a77#a71 the ,secretary shall reserve #b4cg percent to carry out this subpart4 7b7 ,grants awarded ,from the amounts reserved under subsection 7a7 and not reserved under section #aach7;c71 the ,secretary shall make allotments for the fiscal year to ,state educational agencies1 or consortia of such agencies1 to establish or improve1 directly or through local operating agencies1 programs of education for migratory children in accordance with this subpart4 #aacc4 ,state allocations 7a7 ,state allocations ,except as provided in subsection 7c71 each ,state 7other than the ,commonwealth of ,puerto ,rico7 is entitled to receive under this subpart an amount equal to the product of-- 7#a7 the sum of-- 7,a7 the average number of identified eligible full-time equivalent migratory children aged #c through #ba residing in the ,state1 based on data for the preceding #c years2 and 7,b7 the number of identified eligible migratory children1 aged #c through #ba1 who received services under this subpart in summer or intersession programs provided by the ,state during the previous year2 multiplied by 7#b7 #dj percent of the average per-pupil expenditure in the ,state1 except that the amount determined under this paragraph shall not be less than #cb percent1 nor more than #dh percent1 of the average per-pupil expenditure in the ,united ,states4 7b7 ,hold harmless ,notwithstanding subsection 7a71 for each of fiscal years #bjad through #bjaf1 no ,state shall receive less than #ij percent of the ,state's allocation under this section for the previous year4 7c7 ,allocation to ,puerto ,rico ,for each fiscal year1 the grant which the ,commonwealth of ,puerto ,rico shall be eligible to receive under this subpart shall be the amount determined by multiplying the number of children who would be counted under subsection 7a77#a7 if such subsection applied to the ,commonwealth of ,puerto ,rico by the product of-- 7#a7 the percentage that the average per-pupil expenditure in the ,commonwealth of ,puerto ,rico is of the lowest average per-pupil expenditure of any of the #ej ,states1 except that the percentage calculated under this subparagraph shall not be less than #he percent2 and 7#b7 #cb percent of the average per-pupil expenditure in the ,united ,states4 7d7 ,ratable reductions2 reallocations 7#a7 ,in general 7,a7 ,ratable ,reductions ,if1 after the ,secretary reserves funds under section #aach7;c71 the amount appropriated to carry out this subpart for any fiscal year is insufficient to pay in full the amounts for which all ,states are eligible1 the ,secretary shall ratably reduce each such amount4 7,b7 ,reallocation ,if additional funds become available for making such payments for any fiscal year1 the ,secretary shall allocate such funds to ,states in amounts that the ,secretary determines will best carry out the purpose of this subpart4 7#b7 ,special rule 7,a7 ,further reductions ,the ,secretary shall further reduce the amount of any grant to a ,state under this subpart for any fiscal year if the ,secretary determines1 based on available information on the numbers and needs of migratory children in the ,state and the program proposed by the ,state to address such needs1 that such amount exceeds the amount required under section #aacd4 7,b7 ,reallocation ,the ,secretary shall reallocate such excess funds to other ,states whose grants under this subpart would otherwise be insufficient to provide an appropriate level of services to migratory children1 in such amounts as the ,secretary determines are appropriate4 7e7 ,consortium arrangements 7#a7 ,in general ,in the case of a ,state that receives a grant of #a1jjj1jjj or less under this section1 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 manner4 7#b7 ,proposals ,any ,state1 regardless of the amount of such ,state's allocation1 may submit a consortium arrangement to the ,secretary for approval4 7#c7 ,approval ,the ,secretary shall approve a consortium arrangement under paragraph 7#a7 or 7#b7 if the proposal demonstrates that the arrangement will-- 7,a7 reduce administrative costs or program function costs for ,state programs2 and 7,b7 make more funds available for direct services to add substantially to the educational achievement of children to be served under this subpart4 7f7 ,determining numbers of eligible children ,in order to determine the identified number of migratory children residing in each ,state for purposes of this section1 the ,secretary shall-- 7#a7 use the most recent information that most accurately reflects the actual number of migratory children2 7#b7 develop and implement a procedure for monitoring the accuracy of such information2 7#c7 develop and implement a procedure for more accurately reflecting cost factors for different types of summer and intersession program designs2 7#d7 adjust the full-time equivalent number of migratory children who reside in each ,state to take into account-- 7,a7 the unique needs of those children participating in evidence-based or other effective special programs provided under this subpart that operate during the summer and intersession periods2 and 7,b7 the additional costs of operating such programs2 and 7#e7 conduct an analysis of the options for adjusting the formula so as to better direct services to migratory children1 including the most at-risk migratory children4 7g7 ,nonparticipating states ,in the case of a ,state desiring to receive an allocation under this subpart for a fiscal year that did not receive an allocation for the previous fiscal year or that has been participating for less than #c consecutive years1 the ,secretary shall calculate the ,state's number of identified migratory children aged #c through #ba for purposes of subsection 7a77#a77;,a7 by using the most recent data available that identifies the migratory children residing in the ,state until data is available to calculate the #c-year average number of such children in accordance with such subsection4 #aacd4 ,state applications2 services 7a7 ,application required ,any ,state desiring to receive a grant under this subpart for any fiscal year shall submit an application to the ,secretary at such time and in such manner as the ,secretary may require4 7b7 ,program information ,each such application shall include-- 7#a7 a description of how1 in planning1 implementing1 and evaluating programs and projects assisted under this subpart1 the ,state and its local operating agencies will ensure that the unique educational needs of migratory children1 including preschool migratory children1 are identified and addressed through-- 7,a7 the full range of services that are available for migratory children from appropriate local1 ,state1 and ,federal educational programs2 7,b7 joint planning among local1 ,state1 and ,federal educational programs serving migratory children1 including language instruction educational programs under chapter ,a of subpart #d2 and 7,c7 the integration of services available under this subpart with services provided by those other programs2 7#b7 a description of the steps the ,state is taking to provide all migratory students with the opportunity to meet the same ,state academic standards that all children are expected to meet2 7#c7 a description of how the ,state will use funds received under this subpart to promote interstate and intrastate coordination of services for migratory children1 including how the ,state will provide for educational continuity through the timely transfer of pertinent school records1 including information on health1 when children move from one school to another1 whether or not such a move occurs during the regular school year2 7#d7 a description of the ,state's priorities for the use of funds received under this subpart1 and how such priorities relate to the ,state's assessment of needs for services in the ,state2 7#e7 a description of how the ,state will determine the amount of any subgrants the ,state will award to local operating agencies1 taking into account the numbers and needs of migratory children1 the requirements of subsection 7d71 and the availability of funds from other ,federal1 ,state1 and local programs2 and 7#f7 a description of how the ,state will encourage programs and projects assisted under this subpart to offer family literacy services if the programs and projects serve a substantial number of migratory children whose parents do not have a regular high school diploma or its recognized equivalent or who have low levels of literacy4 7c7 ,assurances ,each such application shall also include assurances that-- 7#a7 funds received under this subpart will be used only-- 7,a7 for programs and projects1 including the acquisition of equipment1 in accordance with section #aacf2 and 7,b7 to coordinate such programs and projects with similar programs and projects within the ,state and in other ,states1 as well as with other ,federal programs that can benefit migratory children and their families2 7#b7 such programs and projects will be carried out in a manner consistent with the objectives of section #aaad1 subsections 7b7 and 7d7 of section #aaae1 subsections 7b7 and 7c7 of section #aabj;,a1 and part ,c2 7#c7 in the planning and operation of programs and projects at both the ,state and local agency operating level1 there is consultation with parents of migratory children for programs of not less than one school year in duration1 and that all such programs and projects are carried out-- 7,a7 in a manner that provides for the same parental involvement as is required for programs and projects under section #aaah1 unless extraordinary circumstances make such provision impractical2 and 7,b7 in a format and language understandable to the parents2 7#d7 in planning and carrying out such programs and projects1 there has been1 and will be1 adequate provision for addressing the unmet education needs of preschool migratory children2 7#e7 the effectiveness of such programs and projects will be determined1 where feasible1 using the same approaches and standards that will be used to assess the performance of students1 schools1 and local educational agencies under subpart #a2 7#f7 to the extent feasible1 such programs and projects will provide for-- 7,a7 advocacy and outreach activities for migratory children and their families1 including informing such children and families of1 or helping such children and families gain access to1 other education1 health1 nutrition1 and social services2 7,b7 professional development programs1 including mentoring1 for teachers and other program personnel2 7,c7 high-quality1 evidence-based family literacy programs2 7,d7 the integration of information technology into educational and related programs2 and 7,e7 programs to facilitate the transition of secondary school students to postsecondary education or employment without the need for remediation2 and 7#g7 the ,state will assist the ,secretary in determining the number of migratory children under paragraph 7#a7 of section #aacc7;a74 7d7 ,priority for services ,in providing services with funds received under this subpart1 each recipient of such funds shall give priority to migratory children who are failing1 or most at risk of failing1 to meet the ,state's academic standards under section #aaaa 7b77#a7 4 7e7 ,continuation of services ,notwithstanding any other provision of this subpart-- 7#a7 a child who ceases to be a migratory child during a school term shall be eligible for services until the end of such term2 7#b7 a child who is no longer a migratory child may continue to receive services for one additional school year1 but only if comparable services are not available through other programs2 and 7#c7 secondary school students who were eligible for services in secondary school may continue to be served through credit accrual programs until graduation4 #aace4 ,secretarial approval2 peer review ,the ,secretary shall approve each ,state application that meets the requirements of this subpart1 and may review any such application using a peer review process4 #aacf4 ,comprehensive needs assessment and service-delivery plan2 authorized activities 7a7 ,comprehensive plan 7#a7 ,in general ,each ,state that receives assistance under this subpart shall ensure that the ,state and its local operating agencies identify and address the unique educational needs of migratory children in accordance with a comprehensive ,state plan that-- 7,a7 is integrated with other programs under this ,act or other ,acts1 as appropriate2 7,b7 may be submitted as a part of a consolidated application under section #ecjb1 if-- 7i7 the unique needs of migratory children are specifically addressed in the comprehensive ,state plan2 7ii7 the comprehensive ,state plan is developed in collaboration with parents of migratory children2 and 7iii7 the comprehensive ,state plan is not used to supplant ,state efforts regarding1 or administrative funding for1 this subpart2 7,c7 provides that migratory children will have an opportunity to meet the same ,state academic standards under section #aaaa7;b77#a7 that all children are expected to meet2 7,d7 specifies measurable program goals and outcomes2 7,e7 encompasses the full range of services that are available for migratory children from appropriate local1 ,state1 and ,federal educational programs2 7,f7 is the product of joint planning among such local1 ,state1 and ,federal programs1 including programs under subpart #a1 early childhood programs1 and language instruction educational programs under chapter ,a of subpart #d2 and 7,g7 provides for the integration of services available under this subpart with services provided by such other programs4 7#b7 ,duration of the plan ,each such comprehensive ,state plan shall-- 7,a7 remain in effect for the duration of the ,state's participation under this subpart2 and 7,b7 be periodically reviewed and revised by the ,state1 as necessary1 to reflect changes in the ,state's strategies and programs under this subpart4 7b7 ,authorized activities 7#a7 ,flexibility ,in implementing the comprehensive plan described in subsection 7a71 each ,state educational agency1 where applicable through its local educational agencies1 shall have the flexibility to determine the activities to be provided with funds made available under this subpart1 except that such funds first shall be used to meet the identified needs of migratory children that result from their migratory lifestyle1 and to permit these children to participate effectively in school4 7#b7 ,unaddressed needs ,funds provided under this subpart shall be used to address the needs of migratory children that are not addressed by services available from other ,federal or non-,federal programs1 except that migratory children who are eligible to receive services under subpart #a may receive those services through funds provided under that subpart1 or through funds under this subpart that remain after the agency addresses the needs described in paragraph 7#a74 7#c7 ,construction ,nothing in this subpart shall be construed to prohibit a local educational agency from serving migratory children simultaneously with students with similar educational needs in the same educational settings1 where appropriate4 #aacg4 ,bypass ,the ,secretary may use all or part of any ,state's allocation under this subpart to make arrangements with any public or private agency to carry out the purpose of this subpart in such ,state if the ,secretary determines that-- 7#a7 the ,state is unable or unwilling to conduct educational programs for migratory children2 7#b7 such arrangements would result in more efficient and economic administration of such programs2 or 7#c7 such arrangements would add substantially to the educational achievement of such children4 #aach4 ,coordination of migratory education activities 7a7 ,improvement of coordination 7#a7 ,in general ,the ,secretary1 in consultation with the ,states1 may make grants to1 or enter into contracts with1 ,state educational agencies1 local educational agencies1 institutions of higher education1 and other public and private entities to improve the interstate and intrastate coordination among such agencies' educational programs1 including through the establishment or improvement of programs for credit accrual and exchange1 available to migratory students4 7#b7 ,duration ,grants or contracts under this subsection may be awarded for not more than #e years4 7b7 ,student records 7#a7 ,assistance ,the ,secretary shall assist ,states in developing and maintaining an effective system for the electronic transfer of student records and in determining the number of migratory children in each ,state4 7#b7 ,information system 7,a7 ,in general ,the ,secretary1 in consultation with the ,states1 shall ensure the linkage of migratory student record systems for the purpose of electronically exchanging1 among the ,states1 health and educational information regarding all migratory students4 ,the ,secretary shall ensure such linkage occurs in a cost-effective manner1 utilizing systems used by the ,states prior to1 or developed after1 the date of enactment of this ,act4 ,the ,secretary shall determine the minimum data elements that each ,state receiving funds under this subpart shall collect and maintain4 ,such minimum data elements may include-- 7i7 immunization records and other health information2 7ii7 elementary and secondary academic history 7including partial credit71 credit accrual1 and results from ,state assessments required under section #aaaa7;b77#b72 7iii7 other academic information essential to ensuring that migratory children achieve to the ,states's academic standards2 and 7iv7 eligibility for services under the ,individuals with ,disabilities ,education ,act4 7,b7 ,the ,secretary shall consult with ,states before updating the data elements that each ,state receiving funds under this subpart shall be required to collect for purposes of electronic transfer of migratory student information and the requirements that ,states shall meet for immediate electronic access to such information4 7#c7 ,no cost for certain transfers ,a ,state educational agency or local educational agency receiving assistance under this subpart shall make student records available to another ,state educational agency or local educational agency that requests the records at no cost to the requesting agency1 if the request is made in order to meet the needs of a migratory child4 7#d7 ,report to congress 7,a7 ,in general ,not later than ,april #cj1 #bjad1 the ,secretary shall report to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives the ,secretary's findings and recommendations regarding the maintenance and transfer of health and educational information for migratory students by the ,states4 7,b7 ,required contents ,the ,secretary shall include in such report-- 7i7 a review of the progress of ,states in developing and linking electronic records transfer systems2 7ii7 recommendations for maintaining such systems2 and 7iii7 recommendations for improving the continuity of services provided for migratory students4 7c7 ,availability of funds ,the ,secretary shall reserve not more than #aj1jjj1jjj of the amount reserved under section #aacb to carry out this section for each fiscal year4 7d7 ,data collection ,the ,secretary shall direct the ,national ,center for ,education ,statistics to collect data on migratory children4 #aaci4 ,definitions ,as used in this subpart3 7#a7 ,local operating agency ,the term local operating agency means-- 7,a7 a local educational agency to which a ,state educational agency makes a subgrant under this subpart2 7,b7 a public or private agency with which a ,state educational agency or the ,secretary makes an arrangement to carry out a project under this subpart2 or 7,c7 a ,state educational agency1 if the ,state educational agency operates the ,state's migratory education program or projects directly4 7#b7 ,migratory child ,the term migratory child means a child who is1 or whose parent or spouse is1 a migratory agricultural worker1 including a migratory dairy worker1 or a migratory fisher1 and who1 in the preceding #cf months1 in order to obtain1 or accompany such parent or spouse1 in order to obtain1 temporary or seasonal employment in agricultural or fishing work-- 7,a7 has moved from one school district to another2 7,b7 in a ,state that is comprised of a single school district1 has moved from one administrative area to another within such district2 or 7,c7 resides in a school district of more than #ae1jjj square miles1 and migrates a distance of #bj miles or more to a temporary residence to engage in a fishing activity4 #c ,prevention and ,intervention ,programs for ,children and ,youth ,who ,are ,neglected1 ,delinquent1 or ,at-,risk #aada4 ,purpose and program authorization 7a7 ,purpose ,it is the purpose of this subpart-- 7#a7 to improve educational services for children and youth in local and ,state institutions for neglected or delinquent children and youth so that such children and youth have the opportunity to meet the same ,state academic standards that all children in the ,state are expected to meet2 7#b7 to provide such children and youth with the services needed to make a successful transition from institutionalization to further schooling or employment2 and 7#c7 to prevent at-risk youth from dropping out of school1 and to provide dropouts1 and children and youth returning from correctional facilities or institutions for neglected or delinquent children and youth1 with a support system to ensure their continued education4 7b7 ,program authorized ,from amounts appropriated under section #c7;a77#a71 the ,secretary shall reserve #j4cje of one percent to carry out this subpart4 7c7 ,grants awarded ,from the amounts reserved under subsection 7b7 and not reserved under section #ajjd and section #aaei1 the ,secretary shall make grants to ,state educational agencies that have plans submitted under section #aaed approved to enable such agencies to award subgrants to ,state agencies and local educational agencies to establish or improve programs of education for neglected1 delinquent1 or at-risk children and youth4 #aadb4 ,payments for programs under this subpart 7a7 ,agency subgrants ,based on the allocation amount computed under section #aaeb1 the ,secretary shall allocate to each ,state educational agency an amount necessary to make subgrants to ,state agencies under chapter ,a4 7b7 ,local subgrants ,each ,state shall retain1 for the purpose of carrying out chapter ,b1 funds generated throughout the ,state under subpart #a of this part based on children and youth residing in local correctional facilities1 or attending community day programs for delinquent children and youth4 ,a ,state ,agency ,programs #aaea4 ,eligibility ,a ,state agency is eligible for assistance under this chapter if such ,state agency is responsible for providing free public education for children and youth-- 7#a7 in institutions for neglected or delinquent children and youth2 7#b7 attending community day programs for neglected or delinquent children and youth2 or 7#c7 in adult correctional institutions4 #aaeb4 ,allocation of funds 7a7 ,subgrants to state agencies 7#a7 ,in general ,each ,state agency described in section #aaea 7other than an agency in the ,commonwealth of ,puerto ,rico7 is eligible to receive a subgrant under this chapter1 for each fiscal year1 in an amount equal to the product of-- 7,a7 the number of neglected or delinquent children and youth described in section #aaea who-- 7i7 are enrolled for at least #ae hours per week in education programs in adult correctional institutions2 and 7ii7 are enrolled for at least #bj hours per week-- 7,i7 in education programs in institutions for neglected or delinquent children and youth2 or 7,,ii7 in community day programs for neglected or delinquent children and youth2 and 7,b7 #dj percent of the average per-pupil expenditure in the ,state1 except that the amount determined under this subparagraph shall not be less than #cb percent1 nor more than #dh percent1 of the average per-pupil expenditure in the ,united ,states4 7#b7 ,special rule ,the number of neglected or delinquent children and youth determined under paragraph 7#a7 shall-- 7,a7 be determined by the ,state agency by a deadline set by the ,secretary1 except that no ,state agency shall be required to determine the number of such children and youth on a specific date set by the ,secretary2 and 7,b7 be adjusted1 as the ,secretary determines is appropriate1 to reflect the relative length of such agency's annual programs4 7b7 ,subgrants to state agencies in ,puerto ,rico 7#a7 ,in general ,for each fiscal year1 the amount of the subgrant which a ,state agency in the ,commonwealth of ,puerto ,rico shall be eligible to receive under this chapter shall be the amount determined by multiplying the number of children counted under subsection 7a77#a77;,a7 for the ,commonwealth of ,puerto ,rico by the product of-- 7,a7 the percentage which the average per-pupil expenditure in the ,commonwealth of ,puerto ,rico is of the lowest average per-pupil expenditure of any of the #ej ,states2 and 7,b7 #cb percent of the average per-pupil expenditure in the ,united ,states4 7#b7 ,minimum percentage ,the percentage in paragraph 7#a77;,a7 shall not be less than #he percent4 7c7 ,ratable reductions in case of insufficient ,appropriations ,if the amount reserved for any fiscal year for subgrants under subsections 7a7 and 7b7 is insufficient to pay the full amount for which all ,state agencies are eligible under such subsections1 the ,secretary shall ratably reduce each such amount4 #aaec4 ,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 chapter for any fiscal year1 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 chapter1 in such amounts as the ,state educational agency shall determine4 #aaed4 ,state plan and ,state agency applications 7a7 ,state plan 7#a7 ,in general ,each ,state educational agency that desires to receive a grant under this chapter shall submit1 for approval by the ,secretary1 a plan-- 7,a7 for meeting the educational needs of neglected1 delinquent1 and at-risk children and youth2 7,b7 for assisting in the transition of children and youth from correctional facilities to locally operated programs2 and 7,c7 that is integrated with other programs under this ,act or other ,acts1 as appropriate4 7#b7 ,contents ,each such ,state plan shall-- 7,a7 describe how the ,state will assess the effectiveness of the program in improving the academic1 career1 and technical skills of children in the program2 7,b7 provide that1 to the extent feasible1 such children will have the same opportunities to achieve as such children would have if such children were in the schools of local educational agencies in the ,state2 7,c7 describe how the ,state will place a priority for such children to obtain a regular high school diploma1 to the extent feasible2 and 7,d7 contain an assurance that the ,state educational agency will-- 7i7 ensure that programs assisted under this chapter will be carried out in accordance with the ,state plan described in this subsection2 7ii7 carry out the evaluation requirements of section #aaga2 and 7iii7 ensure that the ,state agencies receiving subgrants under this chapter comply with all applicable statutory and regulatory requirements4 7#c7 ,duration of the plan ,each such ,state plan shall-- 7,a7 remain in effect for the duration of the ,state's participation under this chapter2 and 7,b7 be periodically reviewed and revised by the ,state1 as necessary1 to reflect changes in the ,state's strategies and programs under this chapter4 7b7 ,secretarial approval and peer review 7#a7 ,secretarial approval ,the ,secretary shall approve each ,state plan that meets the requirements of this chapter4 7#b7 ,peer review ,the ,secretary may review any ,state plan with the assistance and advice of individuals with relevant expertise4 7c7 ,state agency applications ,any ,state agency that desires to receive funds to carry out a program under this chapter shall submit an application to the ,state educational agency that-- 7#a7 describes the procedures to be used1 consistent with the ,state plan under section #aaaa1 to assess the educational needs of the children to be served under this chapter2 7#b7 provide an assurance that in making services available to children and youth in adult correctional institutions1 priority will be given to such children and youth who are likely to complete incarceration within a #b-year period2 7#c7 describes the program1 including a budget for the first year of the program1 with annual updates to be provided to the ,state educational agency2 7#d7 describes how the program will meet the goals and objectives of the ,state plan2 7#e7 describes how the ,state agency will consult with experts and provide the necessary training for appropriate staff1 to ensure that the planning and operation of institution-wide projects under section #aaef are of high quality2 7#f7 describes how the programs will be coordinated with other appropriate ,state and ,federal programs1 such as programs under title ,i of ,public ,law #aje-bbj1 career and technical education programs1 ,state and local dropout prevention programs1 and special education programs2 7#g7 describes how the ,state agency will encourage correctional facilities receiving funds under this chapter to coordinate with local educational agencies or alternative education programs attended by incarcerated children and youth prior to and after their incarceration to ensure that student assessments and appropriate academic records are shared jointly between the correctional facility and the local educational agency or alternative education program2 7#h7 describes how appropriate professional development will be provided to teachers and other staff2 7#i7 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 from such facility or institution to locally operated programs2 7#aj7 describes how the ,state agency will endeavor to coordinate with businesses for training and mentoring for participating children and youth2 7#aa7 provides an assurance that the ,state agency will assist 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 youth2 7#ab7 provides assurances that the ,state agency will work with parents to secure parents' assistance in improving the educational achievement of their children and youth1 and preventing their children's and youth's further involvement in delinquent activities2 7#ac7 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-- 7,a7 is identified as in need of special education services while the child or youth is in the correctional facility or institution for neglected or delinquent children and youth2 and 7,b7 intends to return to the local school2 7#ad7 provides an assurance that the ,state agency will work with children and youth who dropped out of school before entering the correctional facility or institution for neglected or delinquent children and youth to encourage the children and youth to reenter school and obtain a regular high school diploma once the term of the incarceration is completed1 or provide the child or youth with the skills necessary to gain employment1 continue the education of the child or youth1 or obtain a regular high school diploma or its recognized equivalent if the child or youth does not intend to return to school2 7#ae7 provides an assurance that effective teachers 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 students2 7#af7 describes any additional services to be provided to children and youth1 such as career counseling1 distance education1 and assistance in securing student loans and grants2 and 7#ag7 provides an assurance that the program under this chapter will be coordinated with any programs operated under the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#db ,u4,s4,c4 #efja et seq47 or other comparable programs1 if applicable4 #aaee4 ,use of funds 7a7 ,uses 7#a7 ,in general ,a ,state agency shall use funds received under this chapter only for programs and projects that-- 7,a7 are consistent with the ,state plan under section #aaed7;a72 and 7,b7 concentrate on providing participants with the knowledge and skills needed to make a successful transition to secondary school completion1 career and technical education1 further education1 or employment without the need for remediation4 7#b7 ,programs and projects ,such programs and projects-- 7,a7 may include the acquisition of equipment2 7,b7 shall be designed to support educational services that-- 7i7 except for institution-wide projects under section #aaef1 are provided to children and youth identified by the ,state agency as failing1 or most at-risk of failing1 to meet the ,state's academic standards2 7ii7 supplement and improve the quality of the educational services provided to such children and youth by the ,state agency2 and 7iii7 afford such children and youth an opportunity to meet ,state academic standards2 and 7,c7 shall be carried out in a manner consistent with section #aabj;,a and part ,c 7as applied to programs and projects under this chapter74 7b7 ,supplement1 not supplant ,a program under this chapter that supplements the number of hours of instruction students receive from ,state and local sources shall be considered to comply with the supplement1 not supplant requirement of section #aabj;,a 7as applied to this chapter7 without regard to the subject areas in which instruction is given during those hours4 #aaef4 ,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 7other than an adult correctional institution7 or attending a community day program for such children and youth may use funds received under this chapter to serve all children in1 and upgrade the entire educational effort of1 that institution or program if the ,state agency has developed1 and the ,state educational agency has approved1 a comprehensive plan for that institution or program that-- 7#a7 provides for a comprehensive assessment of the educational needs of all children and youth in the institution or program serving juveniles2 7#b7 provides for a comprehensive assessment of the educational needs of youth aged #bj and younger in adult facilities who are expected to complete incarceration within a #b-year period2 7#c7 describes the steps the ,state agency has taken1 or will take1 to provide all children and youth under age #ba with the opportunity to meet ,state academic standards in order to improve the likelihood that the children and youth will complete secondary school1 obtain a regular high school diploma or its recognized equivalent1 or find employment after leaving the institution2 7#d7 describes the instructional program1 specialized instructional support services1 and procedures that will be used to meet the needs described in paragraph 7#a71 including1 to the extent feasible1 the provision of mentors for the children and youth described in paragraph 7#a72 7#e7 specifically describes how such funds will be used2 7#f7 describes the measures and procedures that will be used to assess and improve student achievement2 7#g7 describes how the agency has planned1 and will implement and evaluate1 the institution-wide or program-wide project in consultation with personnel providing direct instructional services and support services in institutions or community day programs for neglected or delinquent children and youth1 and with personnel from the ,state educational agency2 and 7#h7 includes an assurance that the ,state agency has provided for appropriate training for teachers and other instructional and administrative personnel to enable such teachers and personnel to carry out the project effectively4 #aaeg4 ,three-year programs or projects ,if a ,state agency operates a program or project under this chapter in which individual children or youth are likely to participate for more than one year1 the ,state educational agency may approve the ,state agency's application for a subgrant under this chapter for a period of not more than #c years4 #aaeh4 ,transition services 7a7 ,transition services ,each ,state agency shall reserve not less than #ae percent and not more than #cj percent of the amount such agency receives under this chapter for any fiscal year to support-- 7#a7 projects that facilitate the transition of children and youth from ,state-operated institutions to schools served by local educational agencies2 or 7#b7 the successful re-entry of youth offenders1 who are age #bj or younger and have received a regular high school diploma or its recognized equivalent1 into postsecondary education1 or career and technical training programs1 through strategies designed to expose the youth to1 and prepare the youth for1 postsecondary education1 or career and technical training programs1 such as-- 7,a7 preplacement programs that allow adjudicated or incarcerated youth to audit or attend courses on college1 university1 or community college campuses1 or through programs provided in institutional settings2 7,b7 worksite schools1 in which institutions of higher education and private or public employers partner to create programs to help students make a successful transition to postsecondary education and employment2 and 7,c7 essential support services to ensure the success of the youth1 such as-- 7i7 personal1 career and technical1 and academic counseling2 7ii7 placement services designed to place the youth in a university1 college1 or junior college program2 7iii7 information concerning1 and assistance in obtaining1 available student financial aid2 7iv7 counseling services2 and 7v7 job placement services4 7b7 ,conduct of projects ,a project supported under this section may be conducted directly by the ,state agency1 or through a contract or other arrangement with one or more local educational agencies1 other public agencies1 or private organizations4 7c7 ,rule of construction ,nothing in this section shall be construed to prohibit a school that receives funds under subsection 7a7 from serving neglected and delinquent children and youth simultaneously with students with similar educational needs1 in the same educational settings where appropriate4 #aaei4 ,technical assistance ,the ,secretary shall reserve not more than #a percent of the amount reserved under section #aada to provide technical assistance to and support ,state agency programs assisted under this chapter4 ,b ,local ,agency ,programs #aafa4 ,purpose ,the purpose of this chapter is to support the operation of local educational agency programs that involve collaboration with locally operated correctional facilities-- 7#a7 to carry out high quality education programs to prepare children and youth for secondary school completion1 training1 employment1 or further education2 7#b7 to provide activities to facilitate the transition of such children and youth from the correctional program to further education or employment2 and 7#c7 to operate programs in local schools for children and youth returning from correctional facilities1 and programs which may serve at-risk children and youth4 #aafb4 ,programs operated by local educational agencies 7a7 ,local subgrants ,with funds made available under section #aadb7;b71 the ,state educational agency shall award subgrants to local educational agencies with high numbers or percentages of children and youth residing in locally operated 7including county operated7 correctional facilities for children and youth 7including facilities involved in community day programs74 7b7 ,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 served by such local educational agency1 if more than #cj percent of the children and youth attending the school operated by the correctional facility will reside outside the boundaries served by the local educational agency after leaving such facility4 7c7 ,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 chapter4 7d7 ,transitional and academic services ,transitional and supportive programs operated in local educational agencies under this chapter shall be designed primarily to meet the transitional and academic needs of students returning to local educational agencies or alternative education programs from correctional facilities4 ,services to students at-risk of dropping out of school shall not have a negative impact on meeting the transitional and academic needs of the students returning from correctional facilities4 #aafc4 ,local educational agency applications ,each local educational agency desiring assistance under this chapter shall submit an application to the ,state educational agency that contains such information as the ,state educational agency may require4 ,each such application shall include-- 7#a7 a description of the program to be assisted2 7#b7 a description of formal agreements1 regarding the program to be assisted1 between-- 7,a7 the local educational agency2 and 7,b7 correctional facilities and alternative school programs serving children and youth involved with the juvenile justice system2 7#c7 as appropriate1 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 operating in the local school such youth would attend2 7#d7 a description of the program operated by participating schools for children and youth returning from correctional facilities and1 as appropriate1 the types of services that such schools will provide such children and youth and other at-risk children and youth2 7#e7 a description of the characteristics 7including learning difficulties1 substance abuse problems1 and other needs7 of the children and youth who will be returning from correctional facilities and1 as appropriate1 other at-risk children and youth expected to be served by the program1 and a description of how the school will coordinate existing educational programs to meet the unique educational needs of such children and youth2 7#f7 as appropriate1 a description of how schools will coordinate with existing social1 health1 and other services to meet the needs of students returning from correctional facilities and at-risk children or youth1 including prenatal health care and nutrition services related to the health of the parent and the child or youth1 parenting and child development classes1 child care1 targeted reentry and outreach programs1 referrals to community resources1 and scheduling flexibility2 7#g7 as appropriate1 a description of any partnerships with local businesses to develop training1 curriculum-based youth entrepreneurship education1 and mentoring services for participating students2 7#h7 as appropriate1 a description of how the program will involve parents in efforts to improve the educational achievement of their children1 assist in dropout prevention activities1 and prevent the involvement of their children in delinquent activities2 7#i7 a description of how the program under this chapter will be coordinated with other ,federal1 ,state1 and local programs1 such as programs under title ,i of ,public ,law #aje-bbj and career and technical education programs serving at-risk children and youth2 7#aj7 a description of how the program will be coordinated with programs operated under the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd and other comparable programs1 if applicable2 7#aa7 as appropriate1 a description of how schools will work with probation officers to assist in meeting the needs of children and youth returning from correctional facilities2 7#ab7 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 individualized education program2 and 7#ac7 as appropriate1 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 program4 #aafd4 ,uses of funds ,funds provided to local educational agencies under this chapter may be used1 as appropriate1 for-- 7#a7 programs that serve children and youth returning to local schools from correctional facilities1 to assist in the transition of such children and youth to the school environment and help them remain in school in order to complete their education2 7#b7 dropout prevention programs which serve at-risk children and youth2 7#c7 the coordination of health and social services for such individuals if there is a likelihood that the provision of such services1 including day care1 drug and alcohol counseling1 and mental health services1 will improve the likelihood such individuals will complete their education2 7#d7 special programs to meet the unique academic needs of participating children and youth1 including career and technical education1 special education1 career counseling1 curriculum-based youth entrepreneurship education1 and assistance in securing student loans or grants for postsecondary education2 and 7#e7 programs providing mentoring and peer mediation4 #aafe4 ,program requirements for correctional facilities receiving funds under this section ,each correctional facility entering into an agreement with a local educational agency under section #aafc7b7 to provide services to children and youth under this chapter shall-- 7#a7 where feasible1 ensure that educational programs in the correctional facility are coordinated with the student's home school1 particularly with respect to a student with an individualized education program under part ,b of the ,individuals with ,disabilities ,education ,act2 7#b7 if the child or youth is identified as in need of special education services while in the correctional facility1 notify the local school of the child or youth of such need2 7#c7 where feasible1 provide transition assistance to help the child or youth stay in school1 including coordination of services for the family1 counseling1 assistance in accessing drug and alcohol abuse prevention programs1 tutoring1 and family counseling2 7#d7 provide support programs that encourage children and youth who have dropped out of school to re-enter school and obtain a regular high school diploma once their term at the correctional facility has been completed1 or provide such children and youth with the skills necessary to gain employment or seek a regular high school diploma or its recognized equivalent2 7#e7 work to ensure that the correctional facility is staffed with effective teachers and other qualified staff who are trained to work with children and youth with disabilities taking into consideration the unique needs of such children and youth2 7#f7 ensure that educational programs in the correctional facility are related to assisting students to meet the ,states's academic standards2 7#g7 to the extent possible1 use technology to assist in coordinating educational programs between the correctional facility and the community school2 7#h7 where feasible1 involve parents in efforts to improve the educational achievement of their children and prevent the further involvement of such children in delinquent activities2 7#i7 coordinate funds received under this chapter with other local1 ,state1 and ,federal funds available to provide services to participating children and youth1 such as funds made available under title ,i of ,public ,law #aje-bbj1 and career and technical education funds2 7#aj7 coordinate programs operated under this chapter with activities funded under the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd and other comparable programs1 if applicable2 7#aa7 if appropriate1 work with local businesses to develop training1 curriculum-based youth entrepreneurship education1 and mentoring programs for children and youth2 and 7#ab7 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 achievement4 #aaff4 ,accountability ,the ,state educational agency-- 7#a7 may require correctional facilities or institutions for neglected or delinquent children and youth to demonstrate1 after receiving assistance under this chapter for #c years1 that there has been an increase in the number of children and youth returning to school1 obtaining a regular high school diploma or its recognized equivalent1 or obtaining employment after such children and youth are released2 and 7#b7 may reduce or terminate funding for projects under this chapter if a local educational agency does not show progress in the number of children and youth obtaining a regular high school diploma or its recognized equivalent4 ,c ,general ,provisions #aaga4 ,program evaluations 7a7 ,scope of evaluation ,each ,state agency or local educational agency that conducts a program under chapters ,a or ,b shall evaluate the program1 disaggregating data on participation by gender1 race1 ethnicity1 and age1 not less than once every #c years1 to determine the program's impact on the ability of participants-- 7#a7 to maintain and improve educational achievement2 7#b7 to accrue school credits that meet ,state requirements for grade promotion and high school graduation2 7#c7 to make the transition to a regular program or other education program operated by a local educational agency2 7#d7 to complete high school 7or high school equivalency requirements7 and obtain employment after leaving the correctional facility or institution for neglected or delinquent children and youth2 and 7#e7 as appropriate1 to participate in postsecondary education and job training programs4 7b7 ,exception ,the disaggregation required under subsection 7a7 shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student4 7c7 ,evaluation measures ,in conducting each evaluation under subsection 7a71 a ,state agency or local educational agency shall use multiple and appropriate measures of student progress4 7d7 ,evaluation results ,each ,state agency and local educational agency shall-- 7#a7 submit evaluation results to the ,state educational agency and the ,secretary2 and 7#b7 use the results of evaluations under this section to plan and improve subsequent programs for participating children and youth4 #aagb4 ,definitions ,in this subpart3 7#a7 ,adult correctional institution ,the term adult correctional institution means a facility in which persons 7including persons under #ba years of age7 are confined as a result of a conviction for a criminal offense4 7#b7 ,at-risk ,the term at-risk1 when used with respect to a child1 youth1 or student1 means a school-aged individual who-- 7,a7 is at-risk of academic failure2 and 7,b7 has a drug or alcohol problem1 is pregnant or is a parent1 has come into contact with the juvenile justice system in the past1 is at least #a year behind the expected grade level for the age of the individual1 is an ,english learner1 is a gang member1 has dropped out of school in the past1 or has a high absenteeism rate at school4 7#c7 ,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 youth4 7#d7 ,institution for neglected or delinquent children and youth ,the term institution for neglected or delinquent children and youth means-- 7,a7 a public or private residential facility1 other than a foster home1 that is operated for the care of children who have been committed to the institution or voluntarily placed in the institution under applicable ,state law1 due to abandonment1 neglect1 or death of their parents or guardians2 or 7,b7 a public or private residential facility for the care of children who have been adjudicated to be delinquent or in need of supervision4 #d ,english ,language ,acquisition1 ,language ,enhancement1 and ,academic ,achievement #aaha4 ,purposes ,the purposes of this subpart are-- 7#a7 to help ensure that ,english learners1 including immigrant children and youth1 attain ,english proficiency and develop high levels of academic achievement in ,english2 7#b7 to assist all ,english learners1 including immigrant children and youth1 to achieve at high levels in the core academic subjects so that those children can meet the same ,state academic standards that all children are expected to meet1 consistent with section #aaaa7;b77#a72 7#c7 to assist ,state educational agencies1 local educational agencies1 and schools in establishing1 implementing1 and sustaining high-quality1 flexible1 evidence-based language instruction educational programs designed to assist in teaching ,english learners1 including immigrant children and youth2 7#d7 to assist ,state educational agencies and local educational agencies to develop and enhance their capacity to provide high-quality1 evidence-based instructional programs designed to prepare ,english learners1 including immigrant children and youth1 to enter all-,english instruction settings2 and 7#e7 to promote parental and community participation in language instruction educational programs for the parents and communities of ,english learners4 ,a ,grants and ,subgrants for ,english ,language ,acquisition and ,language ,enhancement #aaia4 ,formula grants to ,states 7a7 ,in general ,in the case of each ,state educational agency having a plan approved by the ,secretary for a fiscal year under section #aaib1 the ,secretary shall reserve #d4d percent of funds appropriated under section #c7;a77#a7 to make a grant for the year to the agency for the purposes specified in subsection 7b74 ,the grant shall consist of the allotment determined for the ,state educational agency under subsection 7c74 7b7 ,use of funds 7#a7 ,subgrants to eligible entities ,the ,secretary may make a grant under subsection 7a7 only if the ,state educational agency involved agrees to expend at least #ie percent of the ,state educational agency's allotment under subsection 7c7 for a fiscal year-- 7,a7 to award subgrants1 from allocations under section #aaic1 to eligible entities to carry out the activities described in section #aaid 7other than subsection 7e772 and 7,b7 to award subgrants under section #aaic7;d77#a7 to eligible entities that are described in that section to carry out the activities described in section #aaid7;e74 7#b7 ,state activities ,subject to paragraph 7#c71 each ,state educational agency receiving a grant under subsection 7a7 may reserve not more than #e percent of the agency's allotment under subsection 7c7 to carry out the following activities3 7,a7 ,professional development activities1 and other activities1 which may include assisting personnel in-- 7i7 meeting ,state and local certification and licensing requirements for teaching ,english learners2 and 7ii7 improving teacher skills in meeting the diverse needs of ,english learners1 including in how to implement evidence-based programs and curricula on teaching ,english learners4 7,b7 ,planning1 evaluation1 administration1 and interagency coordination related to the subgrants referred to in paragraph 7#a74 7,c7 ,providing technical assistance and other forms of assistance to eligible entities that are receiving subgrants from a ,state educational agency under this chapter1 including assistance in-- 7i7 identifying and implementing evidence-based language instruction educational programs and curricula for teaching ,english learners2 7ii7 helping ,english learners meet the same ,state academic standards that all children are expected to meet2 7iii7 identifying or developing1 and implementing1 measures of ,english proficiency2 and 7iv7 strengthening and increasing parent1 family1 and community engagement4 7,d7 ,providing recognition1 which may include providing financial awards1 to subgrantees that have significantly improved the achievement and progress of ,english learners in-- 7i7 reaching ,english language proficiency1 based on the ,state's ,english language proficiency assessment under section #aaaa7;b77#b77;,d72 and 7ii7 meeting the ,state academic standards under section #aaaa7;b77#a74 7#c7 ,administrative expenses ,from the amount reserved under paragraph 7#b71 a ,state educational agency may use not more than #dj percent of such amount or #age1jjj1 whichever is greater1 for the planning and administrative costs of carrying out paragraphs 7#a7 and 7#b74 7c7 ,reservations and allotments 7#a7 ,reservations ,from the amount reserved under section #aaia7;a7 for each fiscal year1 the ,secretary shall reserve-- 7,a7 #j4e percent of such amount for payments to outlying areas1 to be allotted in accordance with their respective needs for assistance under this chapter1 as determined by the ,secretary1 for activities1 approved by the ,secretary1 consistent with this chapter2 and 7,b7 #f4e percent of such amount for national activities under sections #abaa and #abbb1 except that not more than #b1jjj1jjj of such amount may be reserved for the ,national ,clearinghouse for ,english ,language ,acquisition and ,language ,instruction ,educational ,programs described in section #abbb4 7#b7 ,state allotments 7,a7 ,in general ,except as provided in subparagraph 7,b71 from the amount reserved under section #aaia7;a7 for each fiscal year that remains after making the reservations under paragraph 7#a71 the ,secretary shall allot to each ,state educational agency having a plan approved under section #aaib7;c7-- 7i7 an amount that bears the same relationship to #hj percent of the remainder as the number of ,english learners in the ,state bears to the number of such children in all ,states1 as determined by data available from the ,american ,community ,survey conducted by the ,department of ,commerce or ,state-reported data2 and 7ii7 an amount that bears the same relationship to #bj percent of the remainder as the number of immigrant children and youth in the ,state bears to the number of such children and youth in all ,states1 as determined based only on data available from the ,american ,community ,survey conducted by the ,department of ,commerce4 7,b7 ,minimum allotments ,no ,state educational agency shall receive an allotment under this paragraph that is less than #ejj1jjj4 7,c7 ,reallotment ,if any ,state educational agency described in subparagraph 7,a7 does not submit a plan to the ,secretary for a fiscal year1 or submits a plan 7or any amendment to a plan7 that the ,secretary1 after reasonable notice and opportunity for a hearing1 determines does not satisfy the requirements of this chapter1 the ,secretary shall reallot any portion of such allotment to the remaining ,state educational agencies in accordance with subparagraph 7,a74 7,d7 ,special rule for ,puerto ,rico ,the total amount allotted to ,puerto ,rico for any fiscal year under subparagraph 7,a7 shall not exceed #j4e percent of the total amount allotted to all ,states for that fiscal year4 7#c7 ,use of data for determinations ,in making ,state allotments under paragraph 7#b7 for each fiscal year1 the ,secretary shall determine the number of ,english learners in a ,state and in all ,states1 using the most accurate1 up-to-date data1 which shall be-- 7,a7 data from the ,american ,community ,survey conducted by the ,department of ,commerce1 which may be multiyear estimates2 7,b7 the number of students being assessed for ,english language proficiency1 based on the ,state's ,english language proficiency assessment under section #aaaa7;b77#b77;,d71 which may be multiyear estimates2 or 7,c7 a combination of data available under subparagraphs 7,a7 and 7,b74 #aaib4 ,state educational agency plans 7a7 ,plan required ,each ,state educational agency desiring a grant under this chapter shall submit a plan to the ,secretary at such time and in such manner as the ,secretary may require4 7b7 ,contents ,each plan submitted under subsection 7a7 shall-- 7#a7 describe the process that the agency will use in awarding subgrants to eligible entities under section #aaic7;d77#a72 7#b7 provide an assurance that-- 7,a7 the agency will ensure that eligible entities receiving a subgrant under this chapter comply with the requirement in section #aaaa7;b77#b77;,b77x7 to annually assess in ,english learners who have been in the ,united ,states for #c or more consecutive years2 7,b7 the agency will ensure that eligible entities receiving a subgrant under this chapter annually assess the ,english proficiency of all ,english learners participating in a program funded under this chapter1 consistent with section #aaaa7;b77#b77;,d72 7,c7 in awarding subgrants under section #aaic1 the agency will address the needs of school systems of all sizes and in all geographic areas1 including school systems with rural and urban schools2 7,d7 subgrants to eligible entities under section #aaic7;d77#a7 will be of sufficient size and scope to allow such entities to carry out high-quality1 evidence-based language instruction educational programs for ,english learners2 7,e7 the agency will require an eligible entity receiving a subgrant under this chapter to use the subgrant in ways that will build such recipient's capacity to continue to offer high-quality evidence-based language instruction educational programs that assist ,english learners in meeting ,state academic standards2 7,f7 the agency will monitor the eligible entity receiving a subgrant under this chapter for compliance with applicable ,federal fiscal requirements2 and 7,g7 the plan has been developed in consultation with local educational agencies1 teachers1 administrators of programs implemented under this chapter1 parents1 and other relevant stakeholders2 7#c7 describe how the agency will coordinate its programs and activities under this chapter with other programs and activities under this ,act and other ,acts1 as appropriate2 7#d7 describe how eligible entities in the ,state will be given the flexibility to teach ,english learners-- 7,a7 using a high-quality1 evidence-based language instruction curriculum for teaching ,english learners2 and 7,b7 in the manner the eligible entities determine to be the most effective2 and 7#e7 describe how the agency will assist eligible entities in increasing the number of ,english learners who acquire ,english proficiency4 7c7 ,approval ,the ,secretary1 after using a peer review process1 shall approve a plan submitted under subsection 7a7 if the plan meets the requirements of this section4 7d7 ,duration of plan 7#a7 ,in general ,each plan submitted by a ,state educational agency and approved under subsection 7c7 shall-- 7,a7 remain in effect for the duration of the agency's participation under this chapter2 and 7,b7 be periodically reviewed and revised by the agency1 as necessary1 to reflect changes to the agency's strategies and programs carried out under this subpart4 7#b7 ,additional information 7,a7 ,amendments ,if the ,state educational agency amends the plan1 the agency shall submit such amendment to the ,secretary4 7,b7 ,approval ,the ,secretary shall approve such amendment to an approved plan1 unless the ,secretary determines that the amendment will result in the agency not meeting the requirements1 or fulfilling the purposes1 of this subpart4 7e7 ,consolidated plan ,a plan submitted under subsection 7a7 may be submitted as part of a consolidated plan under section #ecjb4 7f7 ,secretary assistance ,the ,secretary shall provide technical assistance1 if requested1 in the development of ,english proficiency standards and assessments4 #aaic4 ,within-,state allocations 7a7 ,in general ,after making the reservation required under subsection 7d77#a71 each ,state educational agency receiving a grant under section #aaia7;c77#b7 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 #aaie 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 ,state4 7b7 ,limitation ,a ,state educational agency shall not award a subgrant from an allocation made under subsection 7a7 if the amount of such subgrant would be less than #aj1jjj4 7c7 ,reallocation ,whenever a ,state educational agency determines that an amount from an allocation made to an eligible entity under subsection 7a7 for a fiscal year will not be used by the entity for the purpose for which the allocation was made1 the agency shall1 in accordance with such rules as it determines to be appropriate1 reallocate such amount1 consistent with such subsection1 to other eligible entities in the ,state that the agency determines will use the amount to carry out that purpose4 7d7 ,required reservation ,a ,state educational agency receiving a grant under this chapter for a fiscal year-- 7#a7 shall reserve not more than #ae percent of the agency's allotment under section #aaia7;c77#b7 to award subgrants to eligible entities in the ,state that have experienced a significant increase1 as compared to the average of the #b preceding fiscal years1 in the percentage or number of immigrant children and youth1 who have enrolled1 during the fiscal year preceding the fiscal year for which the subgrant is made1 in public and nonpublic elementary schools and secondary schools in the geographic areas under the jurisdiction of1 or served by1 such entities2 and 7#b7 in awarding subgrants under paragraph 7#a7-- 7,a7 shall equally consider eligible entities that satisfy the requirement of such paragraph but have limited or no experience in serving immigrant children and youth2 and 7,b7 shall consider the quality of each local plan under section #aaie and ensure that each subgrant is of sufficient size and scope to meet the purposes of this subpart4 #aaid4 ,subgrants to eligible entities 7a7 ,purposes of subgrants ,a ,state educational agency may make a subgrant to an eligible entity from funds received by the agency under this chapter only if the entity agrees to expend the funds to improve the education of ,english learners1 by assisting the children to learn ,english and meet ,state academic standards4 ,in carrying out activities with such funds1 the eligible entity shall use evidence-based approaches and methodologies for teaching ,english learners and immigrant children and youth for the following purposes3 7#a7 ,developing and implementing new language instruction educational programs and academic content instruction programs for ,english learners and immigrant children and youth1 including programs of early childhood education1 elementary school programs1 and secondary school programs4 7#b7 ,carrying out highly focused1 innovative1 locally designed1 evidence-based activities to expand or enhance existing language instruction educational programs and academic content instruction programs for ,english learners and immigrant children and youth4 7#c7 ,implementing1 within an individual school1 schoolwide programs for restructuring1 reforming1 and upgrading all relevant programs1 activities1 and operations relating to language instruction educational programs and academic content instruction for ,english learners and immigrant children and youth4 7#d7 ,implementing1 within the entire jurisdiction of a local educational agency1 agencywide programs for restructuring1 reforming1 and upgrading all relevant programs1 activities1 and operations relating to language instruction educational programs and academic content instruction for ,english learners and immigrant children and youth4 7b7 ,administrative expenses ,each eligible entity receiving funds under section #aaic7;a7 for a fiscal year shall use not more than #b percent of such funds for the cost of administering this chapter4 7c7 ,required subgrantee activities ,an eligible entity receiving funds under section #aaic7;a7 shall use the funds-- 7#a7 to increase the ,english language proficiency of ,english learners by providing high-quality1 evidence-based language instruction educational programs that meet the needs of ,english learners and have demonstrated success in increasing-- 7,a7 ,english language proficiency2 and 7,b7 student academic achievement in the core academic subjects2 7#b7 to provide high-quality1 evidence-based professional development to classroom teachers 7including teachers in classroom settings that are not the settings of language instruction educational programs71 school leaders1 administrators1 and other school or community-based organization personnel1 that is-- 7,a7 designed to improve the instruction and assessment of ,english learners2 7,b7 designed to enhance the ability of teachers and school leaders to understand and implement curricula1 assessment practices and measures1 and instruction strategies for ,english learners2 7,c7 evidence-based in increasing children's ,english language proficiency or substantially increasing the subject matter knowledge1 teaching knowledge1 and teaching skills of teachers2 and 7,d7 of sufficient intensity and duration 7which shall not include activities such as one-day or short-term workshops and conferences7 to have a positive and lasting impact on the teachers' performance in the classroom1 except that this subparagraph shall not apply to an activity that is one component of a long-term1 comprehensive professional development plan established by a teacher and the teacher's supervisor based on an assessment of the needs of the teacher1 the supervisor1 the students of the teacher1 and any local educational agency employing the teacher1 as appropriate2 and 7#c7 to provide and implement other evidence-based activities and strategies that enhance or supplement language instruction educational programs for ,english learners1 including parental and community engagement activities and strategies that serve to coordinate and align related programs4 7d7 ,authorized subgrantee activities ,subject to subsection 7c71 an eligible entity receiving funds under section #aaic7;a7 may use the funds to achieve one of the purposes described in subsection 7a7 by undertaking one or more of the following activities3 7#a7 ,upgrading program objectives and effective instruction strategies4 7#b7 ,improving the instruction program for ,english learners by identifying1 acquiring1 and upgrading curricula1 instruction materials1 educational software1 and assessment procedures4 7#c7 ,providing to ,english learners-- 7,a7 tutorials and academic or career education for ,english learners2 and 7,b7 intensified instruction4 7#d7 ,developing and implementing elementary school or secondary school language instruction educational programs that are coordinated with other relevant programs and services4 7#e7 ,improving the ,english language proficiency and academic achievement of ,english learners4 7#f7 ,providing community participation programs1 family literacy services1 and parent outreach and training activities to ,english learners and their families-- 7,a7 to improve the ,english language skills of ,english learners2 and 7,b7 to assist parents in helping their children to improve their academic achievement and becoming active participants in the education of their children4 7#g7 ,improving the instruction of ,english learners by providing for-- 7,a7 the acquisition or development of educational technology or instructional materials2 7,b7 access to1 and participation in1 electronic networks for materials1 training1 and communication2 and 7,c7 incorporation of the resources described in subparagraphs 7,a7 and 7,b7 into curricula and programs1 such as those funded under this chapter4 7#h7 ,carrying out other activities that are consistent with the purposes of this section4 7e7 ,activities by agencies experiencing substantial increases in immigrant children and youth 7#a7 ,in general ,an eligible entity receiving funds under section #aaic7;d77#a7 shall use the funds to pay for activities that provide enhanced instructional opportunities for immigrant children and youth1 which may include-- 7,a7 family literacy1 parent outreach1 and training activities designed to assist parents to become active participants in the education of their children2 7,b7 support for personnel1 including paraprofessionals who have been specifically trained1 or are being trained1 to provide services to immigrant children and youth2 7,c7 provision of tutorials1 mentoring1 and academic or career counseling for immigrant children and youth2 7,d7 identification1 development1 and acquisition of curricular materials1 educational software1 and technologies to be used in the program carried out with awarded funds2 7,e7 basic instruction services that are directly attributable to the presence in the local educational agency involved of immigrant children and youth1 including the payment of costs of providing additional classroom supplies1 costs of transportation1 or such other costs as are directly attributable to such additional basic instruction services2 7,f7 other instruction services that are designed to assist immigrant children and youth to achieve in elementary schools and secondary schools in the ,united ,states1 such as programs of introduction to the educational system and civics education2 and 7,g7 activities1 coordinated with community-based organizations1 institutions of higher education1 private sector entities1 or other entities with expertise in working with immigrants1 to assist parents of immigrant children and youth by offering comprehensive community services4 7#b7 ,duration of subgrants ,the duration of a subgrant made by a ,state educational agency under section #aaic7;d77#a7 shall be determined by the agency in its discretion4 7f7 ,selection of method of instruction 7#a7 ,in general ,to receive a subgrant from a ,state educational agency under this chapter1 an eligible entity shall select one or more methods or forms of instruction to be used in the programs and activities undertaken by the entity to assist ,english learners to attain ,english language proficiency and meet ,state academic standards4 7#b7 ,consistency ,such selection shall be consistent with sections #abjd through #abjf4 7g7 ,supplement1 not supplant ,federal funds made available under this chapter shall be used so as to supplement the level of ,federal1 ,state1 and local public funds that1 in the absence of such availability1 would have been expended for programs for ,english learners and immigrant children and youth and in no case to supplant such ,federal1 ,state1 and local public funds4 #aaie4 ,local plans 7a7 ,plan required ,each eligible entity desiring a subgrant from the ,state educational agency under section #aaic shall submit a plan to the ,state educational agency at such time1 in such manner1 and containing such information as the ,state educational agency may require4 7b7 ,contents ,each plan submitted under subsection 7a7 shall-- 7#a7 describe the evidence-based programs and activities proposed to be developed1 implemented1 and administered under the subgrant that will help ,english learners increase their ,english language proficiency and meet the ,state academic standards2 7#b7 describe how the eligible entity will hold elementary schools and secondary schools receiving funds under this chapter accountable for annually assessing the ,english language proficiency of all children participating under this subpart1 consistent with section #aaaa7;b72 7#c7 describe how the eligible entity will promote parent and community engagement in the education of ,english learners2 7#d7 contain an assurance that the eligible entity consulted with teachers1 researchers1 school administrators1 parents and community members1 public or private organizations1 and institutions of higher education1 in developing and implementing such plan2 7#e7 describe how language instruction educational programs carried out under the subgrant will ensure that ,english learners being served by the programs develop ,english language proficiency2 and 7#f7 contain assurances that-- 7,a7 each local educational agency that is included in the eligible entity is complying with section #aaab7;g7 prior to1 and throughout1 each school year2 and 7,b7 the eligible entity is not in violation of any ,state law1 including ,state constitutional law1 regarding the education of ,english learners1 consistent with sections #abje and #abjf4 7c7 ,teacher ,english fluency ,each eligible entity receiving a subgrant under section #aaic shall include in its plan a certification that all teachers in any language instruction educational program for ,english learners that is1 or will be1 funded under this subpart are fluent in ,english and any other language used for instruction1 including having written and oral communications skills4 ,b ,administration #abja4 ,reporting 7a7 ,in general ,each eligible entity that receives a subgrant from a ,state educational agency under chapter ,a shall provide such agency1 at the conclusion of every second fiscal year during which the subgrant is received1 with a report1 in a form prescribed by the agency1 on the activities conducted and students served under this subpart that includes-- 7#a7 a description of the programs and activities conducted by the entity with funds received under chapter ,a during the two immediately preceding fiscal years1 including how such programs and activities supplemented programs funded primarily with ,state or local funds2 7#b7 a description of the progress made by ,english learners in learning the ,english language and in meeting ,state academic standards2 7#c7 the number and percentage of ,english learners in the programs and activities attaining ,english language proficiency based on the ,state ,english language proficiency standards established under section #aaaa7;b77#a77;,e7 by the end of each school year1 as determined by the ,state's ,english language proficiency assessment under section #aaaa7;b77#b77;,d72 7#d7 the number of ,english learners who exit the language instruction educational programs based on their attainment of ,english language proficiency and transitioned to classrooms not tailored for ,english learners2 7#e7 a description of the progress made by ,english learners in meeting the ,state academic standards for each of the #b years after such children are no longer receiving services under this subpart2 7#f7 the number and percentage of ,english learners who have not attained ,english language proficiency within five years of initial classification as an ,english learner and first enrollment in the local educational agency2 and 7#g7 any such other information as the ,state educational agency may require4 7b7 ,use of report ,a report provided by an eligible entity under subsection 7a7 shall be used by the entity and the ,state educational agency-- 7#a7 to determine the effectiveness of programs and activities in assisting children who are ,english learners-- 7,a7 to attain ,english language proficiency2 and 7,b7 to make progress in meeting ,state academic standards under section #aaaa7;b77#a72 and 7#b7 upon determining the effectiveness of programs and activities based on the criteria in paragraph 7#a71 to decide how to improve programs4 #abjb4 ,annual report 7a7 ,states ,based upon the reports provided to a ,state educational agency under section #abja1 each such agency that receives a grant under this subpart shall prepare and submit annually to the ,secretary a report on programs and activities carried out by the ,state educational agency under this subpart and the effectiveness of such programs and activities in improving the education provided to ,english learners4 7b7 ,secretary ,annually1 the ,secretary shall prepare and submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate a report-- 7#a7 on programs and activities carried out to serve ,english learners under this subpart1 and the effectiveness of such programs and activities in improving the academic achievement and ,english language proficiency of ,english learners2 7#b7 on the types of language instruction educational programs used by local educational agencies or eligible entities receiving funding under this subpart to teach ,english learners2 7#c7 containing a critical synthesis of data reported by eligible entities to ,states under section #abja7;a72 7#d7 containing a description of technical assistance and other assistance provided by ,state educational agencies under section #aaia7;b77#b77;,c72 7#e7 containing an estimate of the number of effective teachers working in language instruction educational programs and educating ,english learners1 and an estimate of the number of such teachers that will be needed for the succeeding #e fiscal years2 7#f7 containing the number of programs or activities1 if any1 that were terminated because the entities carrying out the programs or activities were not able to reach program goals2 7#g7 containing the number of ,english learners served by eligible entities receiving funding under this subpart who were transitioned out of language instruction educational programs funded under this subpart into classrooms where instruction is not tailored for ,english learners2 and 7#h7 containing other information gathered from other reports submitted to the ,secretary under this subpart when applicable4 #abjc4 ,coordination with related programs ,in order to maximize ,federal efforts aimed at serving the educational needs of ,english learners1 the ,secretary shall coordinate and ensure close cooperation with other entities carrying out programs serving language-minority and ,english learners that are administered by the ,department and other agencies4 #abjd4 ,rules of construction ,nothing in this subpart shall be construed-- 7#a7 to prohibit a local educational agency from serving ,english learners simultaneously with children with similar educational needs1 in the same educational settings where appropriate2 7#b7 to require a ,state or a local educational agency to establish1 continue1 or eliminate any particular type of instructional program for ,english learners2 or 7#c7 to limit the preservation or use of ,native ,american languages4 #abje4 ,legal authority under ,state law ,nothing in this subpart shall be construed to negate or supersede ,state law1 or the legal authority under ,state law of any ,state agency1 ,state entity1 or ,state public official1 over programs that are under the jurisdiction of the ,state agency1 entity1 or official4 #abjf4 ,civil rights ,nothing in this subpart shall be construed in a manner inconsistent with any ,federal law guaranteeing a civil right4 #abjg4 ,prohibition ,in carrying out this subpart1 the ,secretary shall neither mandate nor preclude the use of a particular curricular or pedagogical approach to educating ,english learners4 #abjh4 ,programs for ,native ,americans and ,puerto ,rico ,notwithstanding any other provision of this subpart1 programs authorized under this subpart that serve ,native ,american 7including ,native ,american ,pacific ,islander7 children and children in the ,commonwealth of ,puerto ,rico may include programs of instruction1 teacher training1 curriculum development1 evaluation1 and assessment designed for ,native ,american children learning and studying ,native ,american languages and children of limited ,spanish proficiency1 except that an outcome of programs serving such children shall be increased ,english proficiency among such children4 ,c ,national ,activities #abaa4 ,national professional development project ,the ,secretary shall use funds made available under section #aaia7;c77#a77;,b7 to award grants on a competitive basis1 for a period of not more than #e years1 to institutions of higher education or public or private organizations with relevant experience and capacity 7in consortia with ,state educational agencies or local educational agencies7 to provide for professional development activities that will improve classroom instruction for ,english learners and assist educational personnel working with such children to meet high professional standards1 including standards for certification and licensure as teachers who work in language instruction educational programs or serve ,english learners4 ,grants awarded under this subsection may be used-- 7#a7 for preservice1 evidence-based professional development programs that will assist local schools and institutions of higher education to upgrade the qualifications and skills of educational personnel who are not certified or licensed1 especially educational paraprofessionals2 7#b7 for the development of curricula or other instructional strategies appropriate to the needs of the consortia participants involved2 7#c7 to support strategies that strengthen and increase parent and community member engagement in the education of ,english learners2 and 7#d7 to share and disseminate evidence-based practices in the instruction of ,english learners and in increasing their student achievement4 ,d ,general ,provisions #abba4 ,definitions ,except as otherwise provided1 in this subpart3 7#a7 ,child ,the term child means any individual aged #c through #ba4 7#b7 ,community-based organization ,the term community-based organization means a private nonprofit organization of demonstrated effectiveness1 ,indian tribe1 or tribally sanctioned educational authority1 that is representative of a community or significant segments of a community and that provides educational or related services to individuals in the community4 ,such term includes a ,native ,hawaiian or ,native ,american ,pacific ,islander native language educational organization4 7#c7 ,eligible entity ,the term eligible entity means-- 7,a7 one or more local educational agencies2 or 7,b7 one or more local educational agencies1 in consortia 7or collaboration7 with an institution of higher education1 community-based organization1 or ,state educational agency4 7#d7 ,immigrant children and youth ,the term immigrant children and youth means individuals who-- 7,a7 are age #c through #ba2 7,b7 were not born in any ,state2 and 7,c7 have not been attending one or more schools in any one or more ,states for more than #c full academic years4 7#e7 ,indian tribe ,the term ,indian tribe means any ,indian tribe1 band1 nation1 or other organized group or community1 including any ,native village or ,regional ,corporation or ,village ,corporation as defined in or established pursuant to the ,alaska ,native ,claims ,settlement ,act1 that is recognized as eligible for the special programs and services provided by the ,united ,states to ,indians because of their status as ,indians4 7#f7 ,language instruction educational program ,the term language instruction educational program means an instruction course-- 7,a7 in which an ,english learner is placed for the purpose of developing and attaining ,english language proficiency1 while meeting ,state academic standards1 as required by section #aaaa7;b77#a72 and 7,b7 that may make instructional use of both ,english and a child's native language to enable the child to develop and attain ,english language proficiency1 and may include the participation of ,english language proficient children if such course is designed to enable all participating children to become proficient in ,english and a second language4 7#g7 ,native language ,the term native language1 when used with reference to ,english learner1 means-- 7,a7 the language normally used by such individual2 or 7,b7 in the case of a child or youth1 the language normally used by the parents of the child or youth4 7#h7 ,paraprofessional ,the term paraprofessional means an individual who is employed in a preschool1 elementary school1 or secondary school under the supervision of a certified or licensed teacher1 including individuals employed in language instruction educational programs1 special education1 and migratory education4 7#i7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 #abbb4 ,national clearinghouse ,the ,secretary shall establish and support the operation of a ,national ,clearinghouse for ,english ,language ,acquisition and ,language ,instruction ,educational ,programs1 which shall collect1 analyze1 synthesize1 and disseminate information about language instruction educational programs for ,english learners1 and related programs4 ,the ,national ,clearinghouse shall-- 7#a7 be administered as an adjunct clearinghouse of the ,educational ,resources ,information ,center ,clearinghouses system supported by the ,institute of ,education ,sciences2 7#b7 coordinate activities with ,federal data and information clearinghouses and entities operating ,federal dissemination networks and systems2 7#c7 develop a system for improving the operation and effectiveness of federally funded language instruction educational programs2 and 7#d7 collect and disseminate information on-- 7,a7 educational research and processes related to the education of ,english learners2 and 7,b7 accountability systems that monitor the academic progress of ,english learners in language instruction educational programs1 including information on academic content and ,english language proficiency assessments for language instruction educational programs2 and 7#e7 publish1 on an annual basis1 a list of grant recipients under this subpart4 #abbc4 ,regulations ,in developing regulations under this subpart1 the ,secretary shall consult with ,state educational agencies and local educational agencies1 organizations representing ,english learners1 and organizations representing teachers and other personnel involved in the education of ,english learners4 #e ,rural ,education ,achievement ,program #abcj4 ,purpose ,it is the purpose of this subpart to address the unique needs of rural school districts that frequently-- 7#a7 lack the personnel and resources needed to compete effectively for ,federal competitive grants2 and 7#b7 receive formula grant allocations in amounts too small to be effective in meeting their intended purposes4 ,a ,small1 ,rural ,school ,achievement ,program #abca4 ,grant program authorized 7a7 ,in general ,from amounts appropriated under section #c7;a77#a7 for a fiscal year1 the ,secretary shall reserve #j4ed of one percent to award grants to eligible local educational agencies to enable the local educational agencies to carry out activities authorized under any of the following provisions3 7#a7 ,part ,a of title ,i4 7#b7 ,title ,,ii4 7#c7 ,title ,,iii4 7b7 ,allocation 7#a7 ,in general ,except as provided in paragraph 7#c71 the ,secretary shall award a grant under subsection 7a7 to a local educational agency eligible under subsection 7d7 for a fiscal year in an amount equal to the initial amount determined under paragraph 7#b7 for the fiscal year minus the total amount received by the agency in subpart #b of part ,a of title ,,ii for the preceding fiscal year4 7#b7 ,determination of initial amount ,the initial amount referred to in paragraph 7#a7 is equal to #ajj multiplied by the total number of students in excess of #ej students1 in average daily attendance at the schools served by the local educational agency1 plus #bj1jjj1 except that the initial amount may not exceed #fj1jjj4 7#c7 ,ratable adjustment 7,a7 ,in general ,if the amount made available to carry out this section for any fiscal year is not sufficient to pay in full the amounts that local educational agencies are eligible to receive under paragraph 7#a7 for such year1 the ,secretary shall ratably reduce such amounts for such year4 7,b7 ,additional amounts ,if additional funds become available for making payments under paragraph 7#a7 for such fiscal year1 payments that were reduced under subparagraph 7,a7 shall be increased on the same basis as such payments were reduced4 7c7 ,disbursement ,the ,secretary shall disburse the funds awarded to a local educational agency under this section for a fiscal year not later than ,july #a of that fiscal year4 7d7 ,eligibility 7#a7 ,in general ,a local educational agency shall be eligible to use the applicable funding in accordance with subsection 7a7 if-- 7,a7 7i7 7,i7 the total number of students in average daily attendance at all of the schools served by the local educational agency is fewer than #fjj2 or 7,,ii7 each county in which a school served by the local educational agency is located has a total population density of fewer than #aj persons per square mile2 and 7ii7 all of the schools served by the local educational agency are designated with a school locale code of #da1 #db1 or #dc1 as determined by the ,secretary2 or 7,b7 the agency meets the criteria established in subparagraph 7,a77i7 and the ,secretary1 in accordance with paragraph 7#b71 grants the local educational agency's request to waive the criteria described in subparagraph 7,a77ii74 7#b7 ,certification ,the ,secretary shall determine whether to waive the criteria described in paragraph 7#a77;,a77ii7 based on a demonstration by the local educational agency1 and concurrence by the ,state educational agency1 that the local educational agency is located in an area defined as rural by a governmental agency of the ,state4 7#c7 ,hold harmless ,for a local educational agency that is not eligible under this chapter but met the eligibility requirements under this subsection as it was in effect prior to the date of the enactment of the ,student ,success ,act1 the agency shall receive-- 7,a7 for fiscal year #bjad1 #ge percent of the amount such agency received for fiscal year #bjac2 7,b7 for fiscal year #bjae1 #ej percent of the amount such agency received for fiscal year #bjac2 and 7,c7 for fiscal year #bjaf1 #be percent of the amount such agency received for fiscal year #bjac4 7e7 ,special eligibility rule ,a local educational agency that receives a grant under this chapter for a fiscal year is not eligible to receive funds for such fiscal year under chapter ,b4 ,b ,rural and ,low-,income ,school ,program #abce4 ,program authorized 7a7 ,grants to states 7#a7 ,in general ,from amounts appropriated under section #c7;a77#a7 for a fiscal year1 the ,secretary shall reserve #j4ed of one percent for this chapter for a fiscal year that are not reserved under subsection 7c7 to award grants 7from allotments made under paragraph 7#b77 for the fiscal year to ,state educational agencies that have applications submitted under section #abcg approved to enable the ,state educational agencies to award grants to eligible local educational agencies for local authorized activities described in section #abcf7;a74 7#b7 ,allotment ,from amounts described in paragraph 7#a7 for a fiscal year1 the ,secretary shall allot to each ,state educational agency for that fiscal year an amount that bears the same ratio to those amounts as the number of students in average daily attendance served by eligible local educational agencies in the ,state for that fiscal year bears to the number of all such students served by eligible local educational agencies in all ,states for that fiscal year4 7#c7 ,specially qualified agencies 7,a7 ,eligibility and ,application ,if a ,state educational agency elects not to participate in the program under this subpart or does not have an application submitted under section #abcg approved1 a specially qualified agency in such ,state desiring a grant under this subpart may submit an application under such section directly to the ,secretary to receive an award under this subpart4 7,b7 ,direct awards ,the ,secretary may award1 on a competitive basis or by formula1 the amount the ,state educational agency is eligible to receive under paragraph 7#b7 directly to a specially qualified agency in the ,state that has submitted an application in accordance with subparagraph 7,a7 and obtained approval of the application4 7,c7 ,specially qualified agency defined ,in this subpart1 the term specially qualified agency means an eligible local educational agency served by a ,state educational agency that does not participate in a program under this subpart in a fiscal year1 that may apply directly to the ,secretary for a grant in such year under this subsection4 7b7 ,local awards 7#a7 ,eligibility ,a local educational agency shall be eligible to receive a grant under this subpart if-- 7,a7 #bj percent or more of the children ages #e through #ag years served by the local educational agency are from families with incomes below the poverty line2 and 7,b7 all of the schools served by the agency are designated with a school locale code of #cb1 #cc1 #da1 #db1 #dc1 as determined by the ,secretary4 7#b7 ,award basis ,a ,state educational agency shall award grants to eligible local educational agencies-- 7,a7 on a competitive basis2 7,b7 according to a formula based on the number of students in average daily attendance served by the eligible local educational agencies or schools in the ,state2 or 7,c7 according to an alternative formula1 if1 prior to awarding the grants1 the ,state educational agency demonstrates1 to the satisfaction of the ,secretary1 that the alternative formula enables the ,state educational agency to allot the grant funds in a manner that serves equal or greater concentrations of children from families with incomes below the poverty line1 relative to the concentrations that would be served if the ,state educational agency used the formula described in subparagraph 7,b74 7c7 ,reservations ,from amounts reserved under section #abce7;a77#a7 for this chapter for a fiscal year1 the ,secretary shall reserve-- 7#a7 one-half of #a percent to make awards to elementary schools or secondary schools operated or supported by the ,bureau of ,indian ,education1 to carry out the activities authorized under this chapter2 and 7#b7 one-half of #a percent to make awards to the outlying areas in accordance with their respective needs1 to carry out the activities authorized under this chapter4 #abcf4 ,uses of funds 7a7 ,local awards ,grant funds awarded to local educational agencies under this chapter shall be used for activities authorized under any of the following3 7#a7 ,part ,a of title ,i4 7#b7 ,title ,,ii4 7#c7 ,title ,,iii4 7b7 ,administrative costs ,a ,state educational agency receiving a grant under this chapter may not use more than #e percent of the amount of the grant for ,state administrative costs and to provide technical assistance to eligible local educational agencies4 #abcg4 ,applications 7a7 ,in general ,each ,state educational agency or specially qualified agency desiring to receive a grant under this chapter shall submit an application to the ,secretary at such time and in such manner as the ,secretary may require4 7b7 ,contents ,each application submitted under subsection 7a7 shall include-- 7#a7 a description of how the ,state educational agency or specially qualified agency will ensure eligible local educational agencies receiving a grant under this chapter will use such funds to help students meet the ,state academic standards under section #aaaa7;b77#a72 7#b7 if the ,state educational agency or specially qualified agency will competitively award grants to eligible local educational agencies1 as described in section #abce7;b77#b77;,a71 the application under the section shall include-- 7,a7 the methods and criteria the ,state educational agency or specially qualified agency will use for reviewing applications and awarding funds to local educational agencies on a competitive basis2 and 7,b7 how the ,state educational agency or specially qualified agency will notify eligible local educational agencies of the grant competition2 and 7#c7 a description of how the ,state educational agency or specially qualified agency will provide technical assistance to eligible local educational agencies to help such agencies implement the activities described in section #abcf7;a74 #abch4 ,accountability ,each ,state educational agency or specially qualified agency that receives a grant under this chapter shall prepare and submit an annual report to the ,secretary4 ,the report shall describe-- 7#a7 the methods and criteria the ,state educational agency or specially qualified agency used to award grants to eligible local educational agencies1 and to provide assistance to schools1 under this chapter2 7#b7 how local educational agencies and schools used funds provided under this chapter2 and 7#c7 the degree to which progress has been made toward having all students meet the ,state academic standards under section #aaaa7;b77#a74 #abci4 ,choice of participation 7a7 ,in general ,if a local educational agency is eligible for funding under chapters ,a and ,b of this subpart1 such local educational agency may receive funds under either chapter ,a or chapter ,b for a fiscal year1 but may not receive funds under both chapters4 7b7 ,notification ,a local educational agency eligible for both chapters ,a and ,b of this subpart shall notify the ,secretary and the ,state educational agency under which of such chapters such local educational agency intends to receive funds for a fiscal year by a date that is established by the ,secretary for the notification4 ,c ,general ,provisions #abda4 ,annual average daily attendance determination 7a7 ,census determination ,each local educational agency desiring a grant under section #abca and each local educational agency or specially qualified agency desiring a grant under chapter ,b shall-- 7#a7 not later than ,december #a of each year1 conduct a census to determine the number of students in average daily attendance in kindergarten through grade #ab at the schools served by the agency2 and 7#b7 not later than ,march #a of each year1 submit the number described in paragraph 7#a7 to the ,secretary 7and to the ,state educational agency1 in the case of a local educational agency seeking a grant under subpart #b74 7b7 ,penalty ,if the ,secretary determines that a local educational agency or specially qualified agency has knowingly submitted false information under subsection 7a7 for the purpose of gaining additional funds under section #abca or chapter ,b1 then the agency shall be fined an amount equal to twice the difference between the amount the agency received under this section and the correct amount the agency would have received under section #abca or chapter ,b if the agency had submitted accurate information under subsection 7a74 #abdb4 ,supplement1 not supplant ,funds made available under chapter ,a or chapter ,b shall be used to supplement1 and not supplant1 any other ,federal1 ,state1 or local education funds4 #abdc4 ,rule of construction ,nothing in this subpart shall be construed to prohibit a local educational agency that enters into cooperative arrangements with other local educational agencies for the provision of special1 compensatory1 or other education services1 pursuant to ,state law or a written agreement1 from entering into similar arrangements for the use1 or the coordination of the use1 of the funds made available under this subpart4 #f ,indian ,education #abea4 ,statement of policy ,it is the policy of the ,united ,states to fulfill the ,federal ,government's unique and continuing trust relationship with and responsibility to the ,indian people for the education of ,indian children4 ,the ,federal ,government will continue to work with local educational agencies1 ,indian tribes and organizations1 postsecondary institutions1 and other entities toward the goal of ensuring that programs that serve ,indian children are of the highest quality and provide for not only the basic elementary and secondary educational needs1 but also the unique educational and culturally related academic needs of these children4 #abeb4 ,purpose ,it is the purpose of this subpart to support the efforts of local educational agencies1 ,indian tribes and organizations1 postsecondary institutions1 and other entities-- 7#a7 to meet the unique educational and culturally related academic needs of ,american ,indian and ,alaska ,native students1 so that such students can meet the ,state academic standards that all students are expected to meet2 and 7#b7 to ensure that school leaders1 teachers1 and other staff who serve ,indian and ,alaska ,native students have the ability and training to provide appropriate instruction to meet the unique academic needs of such students4 ,a ,formula ,grants to ,local ,educational ,agencies #abfa4 ,purpose ,it is the purpose of this chapter to support local educational agencies in their efforts to reform elementary school and secondary school programs that serve ,indian students in order to ensure that such programs are designed to-- 7#a7 meet the unique educational needs of such students2 and 7#b7 ensure that such students have the opportunity to meet the ,state academic standards4 #abfb4 ,grants to local educational agencies and tribes 7a7 ,in general ,from amounts appropriated under section #c7;a77#a71 the ,secretary shall reserve #j4ei of one percent to local educational agencies and ,indian tribes in accordance with this section and section #abfc4 7b7 ,local educational agencies 7#a7 ,enrollment requirements ,a local educational agency shall be eligible for a grant under this chapter for any fiscal year if the number of ,indian children eligible under section #abfg who were enrolled in the schools of the agency1 and to whom the agency provided free public education1 during the preceding fiscal year-- 7,a7 was at least #aj2 or 7,b7 constituted not less than #be percent of the total number of individuals enrolled in the schools of such agency4 7#b7 ,exclusion ,the requirement of paragraph 7#a7 shall not apply in ,alaska1 ,california1 or ,oklahoma1 or with respect to any local educational agency located on1 or in proximity to1 an ,indian reservation4 7c7 ,indian tribes 7#a7 ,in general ,if a local educational agency that is otherwise eligible for a grant under this chapter does not establish a committee under section #abfd7;c77#d7 for such grant1 an ,indian tribe or a consortium of such entities that represents not less than #a_/c of the eligible ,indian children who are served by such local educational agency may apply for such grant4 7#b7 ,special rule ,the ,secretary shall treat each ,indian tribe or consortium of such entities applying for a grant pursuant to paragraph 7#a7 as if such ,indian tribe were a local educational agency for purposes of this chapter1 except that any such tribe is not subject to section #abfd7;c77#d7 or section #abfi4 7#c7 ,eligibility ,if more than #a ,indian tribe qualifies to apply for a grant under paragraph 7#a71 the entity that represents the most eligible ,indian children who are served by the local educational agency shall be eligible to receive the grant or the tribes may choose to apply in consortium4 #abfc4 ,amount of grants 7a7 ,amount of grant awards 7#a7 ,in general ,except as provided in subsection 7b7 and paragraph 7#b71 the ,secretary shall allocate to each local educational agency that has an approved application under this chapter an amount equal to the product of-- 7,a7 the number of ,indian children who are eligible under section #abfg and served by such agency2 and 7,b7 the greater of-- 7i7 the average per pupil expenditure of the ,state in which such agency is located2 or 7ii7 #hj percent of the average per pupil expenditure of all the ,states4 7#b7 ,reduction ,the ,secretary shall reduce the amount of each allocation otherwise determined under this section in accordance with subsection 7e74 7b7 ,minimum grant 7#a7 ,in general ,notwithstanding subsection 7e71 an entity that is eligible for a grant under section #abfb1 and a school that is operated or supported by the ,bureau of ,indian ,education that is eligible for a grant under subsection 7d71 that submits an application that is approved by the ,secretary1 shall1 subject to appropriations1 receive a grant under this chapter in an amount that is not less than #c1jjj4 7#b7 ,consortia ,local educational agencies may form a consortium with other local educational agencies or ,indian tribes for the purpose of obtaining grants under this chapter4 7#c7 ,increase ,the ,secretary may increase the minimum grant under paragraph 7#a7 to not more than #d1jjj for all grantees if the ,secretary determines such an increase is necessary to ensure the quality of the programs provided4 7c7 ,definition ,for the purpose of this section1 the term average per pupil expenditure1 used with respect to a ,state1 means an amount equal to-- 7#a7 the sum of the aggregate current expenditures of all the local educational agencies in the ,state1 plus any direct current expenditures by the ,state for the operation of such agencies1 without regard to the sources of funds from which such local or ,state expenditures were made1 during the second fiscal year preceding the fiscal year for which the computation is made2 divided by 7#b7 the aggregate number of children who were included in average daily attendance for whom such agencies provided free public education during such preceding fiscal year4 7d7 ,schools operated or supported by the ,bureau of ,indian ,education 7#a7 ,in general ,subject to subsection 7e71 in addition to the grants awarded under subsection 7a71 the ,secretary shall allocate to the ,secretary of the ,interior an amount equal to the product of-- 7,a7 the total number of ,indian children enrolled in schools that are operated by-- 7i7 the ,bureau of ,indian ,education2 or 7ii7 an ,indian tribe1 or an organization controlled or sanctioned by an ,indian tribal government1 for the children of that tribe under a contract with1 or grant from1 the ,department of the ,interior under the ,indian ,self-,determination ,act or the ,tribally ,controlled ,schools ,act of #aihh2 and 7,b7 the greater of-- 7i7 the average per pupil expenditure of the ,state in which the school is located2 or 7ii7 #hj percent of the average per pupil expenditure of all the ,states4 7#b7 ,special rule ,any school described in paragraph 7#a77;,a7 that wishes to receive an allocation under this chapter shall submit an application in accordance with section #abfd1 and shall otherwise be treated as a local educational agency for the purpose of this chapter1 except that such school shall not be subject to section #abfd7;c77#d7 or section #abfi4 7e7 ,ratable reductions ,if the sums reserved for any fiscal year under section #abfb7;a7 are insufficient to pay in full the amounts determined for local educational agencies under subsection 7a77#a7 and for the ,secretary of the ,interior under subsection 7d71 each of those amounts shall be ratably reduced4 #abfd4 ,applications 7a7 ,application required ,each local educational agency that desires to receive a grant under this chapter shall submit an application to the ,secretary at such time and in such manner as the ,secretary may reasonably require4 7b7 ,comprehensive program required ,each application submitted under subsection 7a7 shall include a description of a comprehensive program for meeting the needs of ,indian children served by the local educational agency1 including the language and cultural needs of the children1 that-- 7#a7 describes how the comprehensive program will offer programs and activities to meet the culturally related academic needs of ,american ,indian and ,alaska ,native students2 7#b7 7,a7 is aligned with and supports the ,state and local plans submitted under other provisions of this ,act2 and 7,b7 includes academic standards for such children that are based on the ,state academic standards adopted under subpart #a for all children2 7#c7 explains how the local educational agency will use the funds made available under this chapter to supplement other ,federal1 ,state1 and local programs1 especially programs carried out under subpart #a1 to meet the needs of such students2 7#d7 demonstrates how funds made available under this chapter will be used for activities described in section #abfe2 7#e7 describes the professional development opportunities that will be provided1 as needed1 to ensure that-- 7,a7 teachers1 school leaders1 and other school professionals who are new to the ,indian community are prepared to work with ,indian children2 and 7,b7 all teachers who will be involved in programs assisted under this chapter have been properly trained to carry out such programs2 and 7#f7 describes how the local educational agency-- 7,a7 will periodically assess the progress of all ,indian children enrolled in the schools of the local educational agency1 including ,indian children who do not participate in programs assisted under this chapter1 in meeting the standards described in paragraph 7#b72 7,b7 will provide the results of each assessment referred to in subparagraph 7,a7 to-- 7i7 the committee described in subsection 7c77#d72 and 7ii7 the community1 including ,indian tribes1 whose children are served by the local educational agency2 and 7,c7 is responding to findings of any previous assessments that are similar to the assessments described in subparagraph 7,a72 and 7#g7 describes the processes the local educational agency used to collaborate with ,indian tribes in the community in the development of the comprehensive programs4 7c7 ,assurances ,each application submitted under subsection 7a7 shall include assurances that-- 7#a7 the local educational agency will use funds received under this chapter only to supplement the funds that1 in the absence of the ,federal funds made available under this chapter1 such agency would make available for the education of ,indian children1 and not to supplant such funds2 7#b7 the local educational agency will prepare and submit to the ,secretary such reports in such form as the ,secretary may require to-- 7,a7 carry out the functions of the ,secretary under this chapter2 and 7,b7 determine the extent to which activities carried out with funds provided to the local educational agency under this chapter are effective in improving the educational achievement of ,indian students served by such agency2 7#c7 the program for which assistance is sought-- 7,a7 is based on a comprehensive local assessment and prioritization of the unique educational and culturally related academic needs of the ,american ,indian and ,alaska ,native students for whom the local educational agency is providing an education2 7,b7 will use the best available talents and resources1 including individuals from the ,indian community2 and 7,c7 was developed by such agency in open consultation with parents of ,indian children and teachers1 and1 if appropriate1 ,indian students from secondary schools1 including through public hearings held by such agency to provide to the individuals described in this subparagraph a full opportunity to understand the program and to offer recommendations regarding the program2 and 7#d7 the local educational agency developed the program with the participation and written approval of a committee-- 7,a7 that is composed of1 and selected by-- 7i7 parents of ,indian children in the local educational agency's schools2 7ii7 teachers in the schools2 and 7iii7 if appropriate1 ,indian students attending secondary schools of the agency2 7,b7 a majority of whose members are parents of ,indian children2 7,c7 that has set forth such policies and procedures1 including policies and procedures relating to the hiring of personnel1 as will ensure that the program for which assistance is sought will be operated and evaluated in consultation with1 and with the involvement of1 parents of the children1 and representatives of the area1 to be served2 7,d7 with respect to an application describing a schoolwide program in accordance with section #abfe7;c71 that has-- 7i7 reviewed in a timely fashion the program2 and 7ii7 determined that the program will not diminish the availability of culturally related activities for ,american ,indian and ,alaska ,native students2 and 7,e7 that has adopted reasonable bylaws for the conduct of the activities of the committee and abides by such bylaws4 #abfe4 ,authorized services and activities 7a7 ,general requirements ,each local educational agency that receives a grant under this chapter shall use the grant funds1 in a manner consistent with the purpose specified in section #abfa1 for services and activities that-- 7#a7 are designed to carry out the comprehensive program of the local educational agency for ,indian students1 and described in the application of the local educational agency submitted to the ,secretary under section #abfd7;a72 7#b7 are designed with special regard for the language and cultural needs of the ,indian students2 and 7#c7 supplement and enrich the regular school program of such agency4 7b7 ,particular activities ,the services and activities referred to in subsection 7a7 may include-- 7#a7 culturally related activities that support the program described in the application submitted by the local educational agency2 7#b7 early childhood and family programs that emphasize school readiness2 7#c7 enrichment programs that focus on problem solving and cognitive skills development and directly support the attainment of ,state academic standards2 7#d7 integrated educational services in combination with other programs that meet the needs of ,indian children and their families2 7#e7 programs that help engage parents and tribes to meet the unique educational needs of ,indian children2 7#f7 career preparation activities to enable ,indian students to participate in programs such as the programs supported by the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf2 7#g7 activities to educate individuals concerning the prevention of substance abuse1 violence1 and suicide2 7#h7 the acquisition of equipment1 but only if the acquisition of the equipment is essential to achieve the purpose described in section #abfa2 7#i7 activities that promote the incorporation of culturally responsive teaching and learning strategies into the educational program of the local educational agency2 7#aj7 activities that incorporate ,american ,indian and ,alaska ,native specific curriculum content1 consistent with ,state academic standards into the curriculum used by the local educational agency2 7#aa7 family literacy services2 and 7#ab7 activities that recognize and support the unique cultural and educational needs of ,indian children1 and incorporate appropriately qualified tribal elders and seniors4 7c7 ,schoolwide programs ,notwithstanding any other provision of law1 a local educational agency may use funds made available to such agency under this chapter to support a schoolwide program under section #aaad if-- 7#a7 the committee established pursuant to section #abfd7;c77#d7 approves the use of the funds for the schoolwide program2 and 7#b7 the schoolwide program is consistent with the purpose described in section #abfa4 7d7 ,limitation on administrative costs ,not more than #e percent of the funds provided to a grantee under this chapter for any fiscal year may be used for administrative purposes4 7e7 ,limitation on ,use of ,funds ,funds provided to a grantee under this chapter may not be used for long-distance travel expenses for training activities available locally or regionally4 #abff4 ,integration of services authorized 7a7 ,plan ,an entity receiving funds under this chapter may submit a plan to the ,secretary for the integration of education and related services provided to ,indian students4 7b7 ,consolidation of programs ,upon the receipt of an acceptable plan under subsection 7a71 the ,secretary1 in cooperation with each ,federal agency providing grants for the provision of education and related services to the entity1 shall authorize the entity to consolidate1 in accordance with such plan1 the federally funded education and related services programs of the entity and the ,federal programs1 or portions of the programs1 serving ,indian students in a manner that integrates the program services involved into a single1 coordinated1 comprehensive program and reduces administrative costs by consolidating administrative functions4 7c7 ,programs affected ,the funds that may be consolidated in a demonstration project under any such plan referred to in subsection 7a7 shall include funds for any ,federal program exclusively serving ,indian children1 or the funds reserved under any ,federal program to exclusively serve ,indian children1 under which the entity is eligible for receipt of funds under a statutory or administrative formula for the purposes of providing education and related services that would be used to serve ,indian students4 7d7 ,plan requirements ,for a plan to be acceptable pursuant to subsection 7b71 the plan shall-- 7#a7 identify the programs or funding sources to be consolidated2 7#b7 be consistent with the objectives of this section concerning authorizing the services to be integrated in a demonstration project2 7#c7 describe a comprehensive strategy that identifies the full range of potential educational opportunities and related services to be provided to assist ,indian students to achieve the objectives set forth in this chapter2 7#d7 describe the way in which services are to be integrated and delivered and the results expected from the plan2 7#e7 identify the projected expenditures under the plan in a single budget2 7#f7 identify the ,state1 tribal1 or local agency or agencies to be involved in the delivery of the services integrated under the plan2 7#g7 identify any statutory provisions1 regulations1 policies1 or procedures that the entity believes need to be waived in order to implement the plan2 7#h7 set forth measures for student academic achievement consistent with ,state academic standards under section #aaaa7;b77#a72 and 7#i7 be approved by a committee formed in accordance with section #abfd7;c77#d71 if such a committee exists4 7e7 ,plan review ,upon receipt of the plan from an eligible entity1 the ,secretary shall consult with the ,secretary of each ,federal department providing funds to be used to implement the plan1 and with the entity submitting the plan4 ,the parties so consulting shall identify any waivers of statutory requirements or of ,federal departmental regulations1 policies1 or procedures necessary to enable the entity to implement the plan4 ,notwithstanding any other provision of law1 the ,secretary of the affected department shall have the authority to waive any regulation1 policy1 or procedure promulgated by that department that has been so identified by the entity or department1 unless the ,secretary of the affected department determines that such a waiver is inconsistent with the objectives of this chapter or those provisions of the statute from which the program involved derives authority that are specifically applicable to ,indian students4 7f7 ,plan ,approval ,within #ij days after the receipt of an entity's plan by the ,secretary1 the ,secretary shall inform the entity1 in writing1 of the ,secretary's approval or disapproval of the plan4 ,if the plan is disapproved1 the entity shall be informed1 in writing1 of the reasons for the disapproval and shall be given an opportunity to amend the plan or to petition the ,secretary to reconsider such disapproval4 7g7 ,responsibilities of ,department of ,education ,the ,secretary of ,education1 the ,secretary of the ,interior1 and the head of any other ,federal department or agency identified by the ,secretary of ,education1 shall enter into an interdepartmental memorandum of agreement providing for the implementation and coordination of the demonstration projects authorized under this section4 ,the lead agency head for a demonstration project under this section shall be-- 7#a7 the ,secretary of the ,interior1 in the case of an entity meeting the definition of a contract or grant school under title ,,xi of the ,education ,amendments of #aigh2 or 7#b7 the ,secretary of ,education1 in the case of any other entity4 7h7 ,responsibilities of lead agency ,the responsibilities of the lead agency shall include-- 7#a7 the use of a single report format related to the plan for the individual project1 which shall be used by an eligible entity to report on the activities undertaken under the project2 7#b7 the use of a single report format related to the projected expenditures for the individual project which shall be used by an eligible entity to report on all project expenditures2 7#c7 the development of a single system of ,federal oversight for the project1 which shall be implemented by the lead agency2 and 7#d7 the provision of technical assistance to an eligible entity appropriate to the project1 except that an eligible entity shall have the authority to accept or reject the plan for providing such technical assistance and the technical assistance provider4 7i7 ,report requirements ,a single report format shall be developed by the ,secretary1 consistent with the requirements of this section4 ,such report format shall require that reports described in subsection 7h71 together with records maintained on the consolidated program at the local level1 shall contain such information as will allow a determination that the eligible entity has complied with the requirements incorporated in its approved plan1 including making a demonstration of student academic achievement1 and will provide assurances to each ,secretary that the eligible entity has complied with all directly applicable statutory requirements and with those directly applicable regulatory requirements that have not been waived4 7j7 ,no reduction in amounts ,in no case shall the amount of ,federal funds available to an eligible entity involved in any demonstration project be reduced as a result of the enactment of this section4 7k7 ,interagency fund transfers authorized ,the ,secretary is authorized to take such action as may be necessary to provide for an interagency transfer of funds otherwise available to an eligible entity in order to further the objectives of this section4 7l7 ,administration of funds 7#a7 ,in general ,program funds for the consolidated programs shall be administered in such a manner as to allow for a determination that funds from a specific program are spent on allowable activities authorized under such program1 except that the eligible entity shall determine the proportion of the funds granted that shall be allocated to such program4 7#b7 ,separate records not required ,nothing in this section shall be construed as requiring the eligible entity to maintain separate records tracing any services or activities conducted under the approved plan to the individual programs under which funds were authorized for the services or activities1 nor shall the eligible entity be required to allocate expenditures among such individual programs4 7m7 ,overage ,the eligible entity may commingle all administrative funds from the consolidated programs and shall be entitled to the full amount of such funds 7under each program's or agency's regulations74 ,the overage 7defined as the difference between the amount of the commingled funds and the actual administrative cost of the programs7 shall be considered to be properly spent for ,federal audit purposes1 if the overage is used for the purposes provided for under this section4 7n7 ,fiscal accountability ,nothing in this subpart shall be construed so as to interfere with the ability of the ,secretary or the lead agency to fulfill the responsibilities for the safeguarding of ,federal funds pursuant to chapter #ge of title #ca1 ,united ,states ,code4 7o7 ,report on statutory obstacles to program integration 7#a7 ,in general ,the ,secretary of ,education shall annually submit a report to the ,committee on ,health1 ,education1 ,labor1 and ,pensions and the ,committee on ,indian ,affairs of the ,senate1 and the ,committee on ,education and the ,workforce and the ,committee on ,natural ,resources of the ,house of ,representatives on the status of the implementation of the demonstration projects authorized under this section4 7#b7 ,contents ,such report shall identify-- 7,a7 statutory barriers to the ability of participants to more effectively integrate their education and related services to ,indian students in a manner consistent with the objectives of this section2 and 7,b7 the effective practices for program integration that result in increased student achievement and other relevant outcomes for ,indian students4 7p7 ,definitions ,for the purposes of this section1 the term ,secretary means-- 7#a7 the ,secretary of the ,interior1 in the case of an entity meeting the definition of a contract or grant school under title ,,xi of the ,education ,amendments of #aigh2 or 7#b7 the ,secretary of ,education1 in the case of any other entity4 #abfg4 ,student eligibility forms 7a7 ,in general ,the ,secretary shall require that1 as part of an application for a grant under this chapter1 each applicant shall maintain a file1 with respect to each ,indian child for whom the local educational agency provides a free public education1 that contains a form that sets forth information establishing the status of the child as an ,indian child eligible for assistance under this chapter1 and that otherwise meets the requirements of subsection 7b74 7b7 ,forms ,the form described in subsection 7a7 shall include-- 7#a7 either-- 7,a7 7i7 the name of the tribe or band of ,indians 7as defined in section #abia7 with respect to which the child claims membership2 7ii7 the enrollment number establishing the membership of the child 7if readily available72 and 7iii7 the name and address of the organization that maintains updated and accurate membership data for such tribe or band of ,indians2 or 7,b7 the name1 the enrollment number 7if readily available71 and the name and address of the organization responsible for maintaining updated and accurate membership data1 of any parent or grandparent of the child from whom the child claims eligibility under this chapter1 if the child is not a member of the tribe or band of ,indians 7as so defined72 7#b7 a statement of whether the tribe or band of ,indians 7as so defined71 with respect to which the child1 or parent or grandparent of the child1 claims membership1 is federally recognized2 7#c7 the name and address of the parent or legal guardian of the child2 and 7#d7 a signature of the parent or legal guardian of the child that verifies the accuracy of the information supplied4 7c7 ,statutory construction ,nothing in this section shall be construed to affect a definition contained in section #abia4 7d7 ,forms and standards of proof ,the forms and the standards of proof 7including the standard of good faith compliance7 that were in use during the #aihe-aihf academic year to establish the eligibility of a child for entitlement under the ,indian ,elementary and ,secondary ,school ,assistance ,act shall be the forms and standards of proof used-- 7#a7 to establish eligibility under this chapter2 and 7#b7 to meet the requirements of subsection 7a74 7e7 ,documentation ,for purposes of determining whether a child is eligible to be counted for the purpose of computing the amount of a grant award under section #abfc1 the membership of the child1 or any parent or grandparent of the child1 in a tribe or band of ,indians 7as so defined7 may be established by proof other than an enrollment number1 notwithstanding the availability of an enrollment number for a member of such tribe or band4 ,nothing in subsection 7b7 shall be construed to require the furnishing of an enrollment number4 7f7 ,monitoring and evaluation review 7#a7 ,in general 7,a7 ,review ,for each fiscal year1 in order to provide such information as is necessary to carry out the responsibility of the ,secretary to provide technical assistance under this chapter1 the ,secretary shall conduct a monitoring and evaluation review of a sampling of the recipients of grants under this chapter4 ,the sampling conducted under this subparagraph shall take into account the size of and the geographic location of each local educational agency4 7,b7 ,exception ,a local educational agency may not be held liable to the ,united ,states or be subject to any penalty1 by reason of the findings of an audit that relates to the date of completion1 or the date of submission1 of any forms used to establish1 before ,april #bh1 #aihh1 the eligibility of a child for an entitlement under the ,indian ,elementary and ,secondary ,school ,assistance ,act4 7#b7 ,false information ,any local educational agency that provides false information in an application for a grant under this chapter shall-- 7,a7 be ineligible to apply for any other grant under this chapter2 and 7,b7 be liable to the ,united ,states for any funds from the grant that have not been expended4 7#c7 ,excluded children ,a student who provides false information for the form required under subsection 7a7 shall not be counted for the purpose of computing the amount of a grant under section #abfc4 7g7 ,tribal grant and contract schools ,notwithstanding any other provision of this section1 in calculating the amount of a grant under this chapter to a tribal school that receives a grant or contract from the ,bureau of ,indian ,education1 the ,secretary shall use only one of the following1 as selected by the school3 7#a7 ,a count of the number of students in the schools certified by the ,bureau4 7#b7 ,a count of the number of students for whom the school has eligibility forms that comply with this section4 7h7 ,timing of child counts ,for purposes of determining the number of children to be counted in calculating the amount of a local educational agency's grant under this chapter 7other than in the case described in subsection 7g77#a771 the local educational agency shall-- 7#a7 establish a date on1 or a period not longer than #ca consecutive days during1 which the agency counts those children1 if that date or period occurs before the deadline established by the ,secretary for submitting an application under section #abfd2 and 7#b7 determine that each such child was enrolled1 and receiving a free public education1 in a school of the agency on that date or during that period1 as the case may be4 #abfh4 ,payments 7a7 ,in general ,subject to subsections 7b7 and 7c71 the ,secretary shall pay to each local educational agency that submits an application that is approved by the ,secretary under this chapter the amount determined under section #abfc4 ,the ,secretary shall notify the local educational agency of the amount of the payment not later than ,june #a of the year for which the ,secretary makes the payment4 7b7 ,payments taken into account by the state ,the ,secretary may not make a grant under this chapter to a local educational agency for a fiscal year if1 for such fiscal year1 the ,state in which the local educational agency is located takes into consideration payments made under this chapter in determining the eligibility of the local educational agency for ,state aid1 or the amount of the ,state aid1 with respect to the free public education of children during such fiscal year or the preceding fiscal year4 7c7 ,reallocations ,the ,secretary may reallocate1 in a manner that the ,secretary determines will best carry out the purpose of this chapter1 any amounts that-- 7#a7 based on estimates made by local educational agencies or other information1 the ,secretary determines will not be needed by such agencies to carry out approved programs under this chapter2 or 7#b7 otherwise become available for reallocation under this chapter4 #abfi4 ,state educational agency review ,before submitting an application to the ,secretary under section #abfd1 a local educational agency shall submit the application to the ,state educational agency1 which may comment on such application4 ,if the ,state educational agency comments on the application1 the agency shall comment on all applications submitted by local educational agencies in the ,state and shall provide those comments to the respective local educational agencies1 with an opportunity to respond4 ,b ,special ,programs and ,projects ,to ,improve ,educational ,opportunities for ,indian ,children #abga4 ,improvement of educational opportunities for ,indian children 7a7 ,purpose 7#a7 ,in general ,it is the purpose of this section to support projects to develop1 test1 and demonstrate the effectiveness of services and programs to improve educational opportunities and achievement of ,indian children4 7#b7 ,coordination ,the ,secretary shall take the necessary actions to achieve the coordination of activities assisted under this chapter with-- 7,a7 other programs funded under this ,act2 and 7,b7 other ,federal programs operated for the benefit of ,american ,indian and ,alaska ,native children4 7b7 ,eligible entities ,in this section1 the term eligible entity means a ,state educational agency1 local educational agency1 ,indian tribe1 ,indian organization1 federally supported elementary school or secondary school for ,indian students1 ,indian institution 7including an ,indian institution of higher education71 or a consortium of such entities4 7c7 ,grants authorized 7#a7 ,in general ,from amounts appropriated under section #c7;a77#a71 the ,secretary shall reserve #j4b of one percent to award grants to eligible entities to enable such entities to carry out activities under this section and section #abgb4 7#b7 ,uses of funds ,an eligible entity that receives a grant under this section shall use the funds for one or more activities1 including-- 7,a7 innovative programs related to the educational needs of educationally disadvantaged children2 7,b7 educational services that are not available to such children in sufficient quantity or quality1 including remedial instruction1 to raise the achievement of ,indian children in one or more of the core academic subjects2 7,c7 bilingual and bicultural programs and projects2 7,d7 special health and nutrition services1 and other related activities1 that address the special health1 social1 and psychological problems of ,indian children2 7,e7 special compensatory and other programs and projects designed to assist and encourage ,indian children to enter1 remain in1 or reenter school1 and to increase the rate of high school graduation for ,indian children2 7,f7 comprehensive guidance1 counseling1 and testing services2 7,g7 early childhood and kindergarten programs1 including family-based preschool programs that emphasize school readiness and parental skills1 and the provision of services to ,indian children with disabilities2 7,h7 partnership projects between local educational agencies and institutions of higher education that allow secondary school students to enroll in courses at the postsecondary level to aid such students in the transition from secondary to postsecondary education2 7,i7 partnership projects between schools and local businesses for career preparation programs designed to provide ,indian youth with the knowledge and skills such youth need to make an effective transition from school to a high-skill1 high-wage career2 7,j7 programs designed to encourage and assist ,indian students to work toward1 and gain entrance into1 an institution of higher education2 7,k7 family literacy services2 7,l7 activities that recognize and support the unique cultural and educational needs of ,indian children1 and incorporate appropriately qualified tribal elders and seniors2 or 7,m7 other services that meet the purpose described in this section4 7#c7 ,professional development ,evidence based professional development of teaching professionals and paraprofessionals may be a part of any program assisted under this section4 7d7 ,grant requirements and ,applications 7#a7 ,grant requirements 7,a7 ,in general ,the ,secretary may make multiyear grants under subsection 7c7 for the planning1 development1 pilot operation1 or demonstration of any activity described in subsection 7c7 for a period not to exceed #e years4 7,b7 ,priority ,in making multiyear grants described in this paragraph1 the ,secretary shall give priority to entities submitting applications that present a plan for combining two or more of the activities described in subsection 7c7 over a period of more than #a year4 7,c7 ,progress ,the ,secretary shall make a grant payment for a grant described in this paragraph to an eligible entity after the initial year of the multiyear grant only if the ,secretary determines that the eligible entity has made substantial progress in carrying out the activities assisted under the grant in accordance with the application submitted under paragraph 7#c7 and any subsequent modifications to such application4 7#b7 ,dissemination grants 7,a7 ,in general ,in addition to awarding the multiyear grants described in paragraph 7#a71 the ,secretary may award grants under subsection 7c7 to eligible entities for the dissemination of exemplary materials or programs assisted under this section4 7,b7 ,determination ,the ,secretary may award a dissemination grant described in this paragraph if1 prior to awarding the grant1 the ,secretary determines that the material or program to be disseminated-- 7i7 has been adequately reviewed2 7ii7 has demonstrated educational merit2 and 7iii7 can be replicated4 7#c7 ,application 7,a7 ,in general ,any eligible entity that desires to receive a grant under this section shall submit an application to the ,secretary at such time and in such manner as the ,secretary may reasonably require4 7,b7 ,contents ,each application submitted to the ,secretary under subparagraph 7,a71 other than an application for a dissemination grant under paragraph 7#b71 shall contain-- 7i7 a description of how parents of ,indian children and representatives of ,indian tribes have been1 and will be1 involved in developing and implementing the activities for which assistance is sought2 7ii7 assurances that the applicant will participate1 at the request of the ,secretary1 in any national evaluation of activities assisted under this section2 7iii7 information demonstrating that the proposed program for the activities is an evidence-based program1 which may include a program that has been modified to be culturally appropriate for students who will be served2 and 7iv7 a description of how the applicant will incorporate the proposed activities into the ongoing school program involved once the grant period is over4 7e7 ,administrative costs ,not more than #e percent of the funds provided to a grantee under this chapter for any fiscal year may be used for administrative purposes4 #abgb4 ,professional development for teachers and education professionals 7a7 ,purposes ,the purposes of this section are-- 7#a7 to increase the number of qualified ,indian teachers1 school leaders1 or other education professionals serving ,indian students1 including through recruitment strategies2 7#b7 to provide training to qualified ,indian individuals to enable such individuals to become effective teachers1 school leaders1 administrators1 teacher aides1 social workers1 and ancillary educational personnel2 and 7#c7 to improve the skills of qualified ,indian individuals who serve in the capacities described in paragraph 7#b74 7b7 ,eligible entities ,for the purpose of this section1 the term eligible entity means-- 7#a7 an institution of higher education1 including an ,indian institution of higher education2 7#b7 a ,state educational agency or local educational agency1 in consortium with an institution of higher education2 7#c7 an ,indian tribe or organization1 in consortium with an institution of higher education2 and 7#d7 a ,bureau-funded school 7as defined in section #aadf of the ,education ,amendments of #aigh74 7c7 ,program authorized ,the ,secretary is authorized to award grants from funds reserved under section #abga7;c77#a7 to eligible entities having applications approved under this section to enable those entities to carry out the activities described in subsection 7d74 7d7 ,authorized activities 7#a7 ,in general ,grant funds under this section shall be used for activities to provide support and training for ,indian individuals in a manner consistent with the purposes of this section4 7#b7 ,special rules 7,a7 ,type of training ,for education personnel1 the training received pursuant to a grant under this section may be inservice or preservice training4 7,b7 ,program ,for individuals who are being trained to enter any education-related field other than teaching1 the training received pursuant to a grant under this section shall be in a program that results in a graduate degree4 7e7 ,application ,each eligible entity desiring a grant under this section shall submit an application to the ,secretary at such time and in such manner as the ,secretary may reasonably require4 ,an application shall include how the eligible entity will-- 7#a7 recruit qualified ,indian individuals1 such as students who may not be of traditional college age1 to become teachers or school leaders2 7#b7 use funds made available under the grant to support the recruitment1 preparation1 and professional development of ,indian teachers or school leaders in local educational agencies that serve a high proportion of ,indian students2 and 7#c7 assist participants in meeting the requirements under subsection 7h74 7f7 ,special rule ,in awarding grants under this section1 the ,secretary-- 7#a7 shall consider the prior performance of the eligible entity2 and 7#b7 may not limit eligibility to receive a grant under this section on the basis of-- 7,a7 the number of previous grants the ,secretary has awarded such entity2 or 7,b7 the length of any period during which such entity received such grants4 7g7 ,grant period ,each grant under this section shall be awarded for an initial period of not more than three years1 and may be renewed for not more than an additional two years if the ,secretary finds that the grantee is meeting the grant objectives4 7h7 ,service obligation 7#a7 ,in general ,the ,secretary shall require1 by regulation1 that an individual who receives training pursuant to a grant made under this section-- 7,a7 perform work-- 7i7 related to the training received under this section2 and 7ii7 that benefits ,indian people2 or 7,b7 repay all or a prorated part of the assistance received4 7#b7 ,reporting ,the ,secretary shall establish1 by regulation1 a reporting procedure under which a grant recipient under this section shall1 not later than #ab months after the date of completion of the training1 and periodically thereafter1 provide information concerning compliance with the work requirement under paragraph 7#a74 ,c ,federal ,administration #abha4 ,national ,advisory ,council on ,indian ,education 7a7 ,membership ,there is established a ,national ,advisory ,council on ,indian ,education 7hereafter in this section referred to as the ,council71 which shall-- 7#a7 consist of #ae ,indian members1 who shall be appointed by the ,president from lists of nominees furnished1 from time to time1 by ,indian tribes and organizations2 and 7#b7 represent different geographic areas of the ,united ,states4 7b7 ,duties ,the ,council shall-- 7#a7 advise the ,secretary concerning the funding and administration 7including the development of regulations and administrative policies and practices7 of any program1 including any program established under this subpart-- 7,a7 with respect to which the ,secretary has jurisdiction2 and 7,b7 7i7 that includes ,indian children or adults as participants2 or 7ii7 that may benefit ,indian children or adults2 7#b7 make recommendations to the ,secretary for filling the position of ,director of ,indian ,education whenever a vacancy occurs2 and 7#c7 submit to ,congress1 not later than ,june #cj of each year1 a report on the activities of the ,council1 including-- 7,a7 any recommendations that the ,council considers appropriate for the improvement of ,federal education programs that include ,indian children or adults as participants1 or that may benefit ,indian children or adults2 and 7,b7 recommendations concerning the funding of any program described in subparagraph 7,a74 #abhb4 ,peer review ,the ,secretary may use a peer review process to review applications submitted to the ,secretary under chapter ,b4 #abhc4 ,preference for ,indian applicants ,in making grants and entering into contracts or cooperative agreements under chapter ,b1 the ,secretary shall give a preference to ,indian tribes1 organizations1 and institutions of higher education under any program with respect to which ,indian tribes1 organizations1 and institutions are eligible to apply for grants1 contracts1 or cooperative agreements4 #abhd4 ,minimum grant criteria ,the ,secretary may not approve an application for a grant1 contract1 or cooperative agreement under chapter ,b unless the application is for a grant1 contract1 or cooperative agreement that is-- 7#a7 of sufficient size1 scope1 and quality to achieve the purpose or objectives of such grant1 contract1 or cooperative agreement2 and 7#b7 based on relevant research findings4 ,d ,definitions #abia4 ,definitions ,for the purposes of this subpart3 7#a7 ,adult ,the term adult means an individual who-- 7,a7 has attained the age of #af years2 or 7,b7 has attained an age that is greater than the age of compulsory school attendance under an applicable ,state law4 7#b7 ,alaska ,native ,the term ,alaska ,native has the same meaning as the term ,native has in section #c7;b7 of the ,alaska ,native ,claims ,settlement ,act4 7#c7 ,free public education ,the term free public education means education that is-- 7,a7 provided at public expense1 under public supervision and direction1 and without tuition charge2 and 7,b7 provided as elementary or secondary education in the applicable ,state or to preschool children4 7#d7 ,indian ,the term ,indian means an individual who is-- 7,a7 a member of an ,indian tribe or band1 as membership is defined by the tribe or band1 including-- 7i7 any tribe or band terminated since #aidj2 and 7ii7 any tribe or band recognized by the ,state in which the tribe or band resides2 7,b7 a descendant1 in the first or second degree1 of an individual described in subparagraph 7,a72 7,c7 considered by the ,secretary of the ,interior to be an ,indian for any purpose2 7,d7 an ,eskimo1 ,aleut1 or other ,alaska ,native2 or 7,e7 a member of an organized ,indian group that received a grant under the ,indian ,education ,act of #aihh as in effect the day preceding the date of enactment of the ,improving ,america's ,schools ,act of #aiid4 4 7b7 ,strike ,the ,act is amended by striking title ,,vii 7#bj ,u4,s4,c4 #gdja et seq474 ,d ,national assessment #ada4 ,national assessment of title ,i 7a7 ,in general ,part ,e of title ,i 7#bj ,u4,s4,c4 #fdia et seq47 is redesignated as part ,b of title ,i4 7b7 ,repeals ,sections #aejb and #aejd 7#bj ,u4,s4,c4 #fdib2 #fdid7 are repealed4 7c7 ,redesignations ,sections #aeja and #aejc 7#bj ,u4,s4,c4 #fdia2 #fdic7 are redesignated as sections #acja and #acjb1 respectively4 7d7 ,amendments to section #acja ,section #acja 7#bj ,u4,s4,c4 #fdia71 as so redesignated1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting 1 acting through the ,director of the ,institute of ,education ,sciences 7in this section and section #acjb referred to as the ,director71 after ,the ,secretary2 7,b7 in paragraph 7#b7-- 7i7 by striking ,secretary and inserting ,director2 7ii7 in subparagraph 7,a71 by striking reaching the proficient level and all that follows and inserting graduating high school prepared for postsecondary education or the workforce42 7iii7 in subparagraph 7,b71 by striking reach the proficient and all that follows and inserting meet ,state academic standards42 7iv7 by striking subparagraphs 7,d7 and 7,g7 and redesignating subparagraphs 7,e71 7,f71 and 7,h7 through 7,o7 as subparagraphs 7,d7 through 7,m71 respectively2 7v7 in subparagraph 7,d77v7 7as so redesignated71 by striking help schools in which and all that follows and inserting address disparities in the percentages of effective teachers teaching in low-income schools4 7vi7 in subparagraph 7,g7 7as so redesignated7-- 7,i7 by striking section #aaaf and inserting section #aaaa7;b77#c77;,b77iii72 and 7,,ii7 by striking 1 including the following and all that follows and inserting a period2 7vii7 in subparagraph 7,i7 7as so redesignated71 by striking qualifications and inserting effectiveness2 7viii7 in subparagraph 7,j7 7as so redesignated71 by striking 1 including funds under section #ajjb12 7ix7 in subparagraph 7,l7 7as so redesignated71 by striking section #aaaa7;b77#b77;,c77v77,,ii7 and inserting section #aaaa7;b77#c77;,b77ii77,,ii72 and 7x7 in subparagraph 7,m7 7as so redesignated71 by striking ,secretary and inserting ,director2 7,c7 in paragraph 7#c71 by striking ,secretary and inserting ,director2 7,d7 in paragraph 7#d71 by striking ,secretary and inserting ,director2 7,e7 in paragraph 7#e71 by striking ,secretary and inserting ,director2 and 7,f7 in paragraph 7#f7-- 7i7 by striking ,no ,child ,left ,behind ,act of #bjja each place it appears and inserting ,student ,success ,act2 and 7ii7 by striking ,secretary each place it appears and inserting ,director2 7#b7 in subsection 7b71 by striking ,secretary each place it appears and inserting ,director2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,secretary and inserting ,director2 and 7ii7 by striking part ,a and inserting subpart #a of part ,a2 7,b7 in paragraph 7#b7-- 7i7 by striking ,secretary and inserting ,director2 7ii7 in subparagraph 7,b71 by striking challenging academic achievement standards and inserting ,state academic standards2 7iii7 in subparagraph 7,e71 by striking effects of the availability and all that follows and inserting extent to which actions authorized under section #aaaa7;b77#c77;,b77iii7 improve the academic achievement of disadvantaged students and low-performing schools42 and 7iv7 in subparagraph 7,f71 by striking ,secretary and inserting ,director2 and 7,c7 in paragraph 7#c7-- 7i7 by striking ,secretary and inserting ,director2 and 7ii7 by striking subparagraph 7,c7 and inserting the following3 7,c7 analyzes varying models or strategies for delivering school services1 including schoolwide and targeted services4 2 and 7#d7 in subsection 7d71 by striking ,secretary each place it appears and inserting ,director4 7e7 ,amendments to section #acjb ,section #acjb 7#bj ,u4,s4,c4 #fdic71 as so redesignated1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking ,secretary and inserting ,director2 and 7,b7 by striking and for making decisions about the promotion and graduation of students2 7#b7 in subsection 7b7-- 7,a7 by striking ,secretary the first place it appears and inserting ,director2 7,b7 by striking process1 and inserting process consistent with section #abjf12 and 7,c7 by striking ,assistant ,secretary of ,educational ,research and ,improvement and inserting ,director2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking to the ,state-defined level of proficiency and inserting toward meeting the ,state academic standards2 and 7ii7 in subparagraph 7,c71 by striking pupil-services and inserting specialized instructional support services2 7,b7 in paragraph 7#c71 by striking limited and nonlimited ,english proficient students and inserting ,english learners2 and 7,c7 in paragraph 7#f71 by striking ,secretary and inserting ,director2 and 7#d7 in subsection 7f7-- 7,a7 by striking ,secretary and inserting ,director2 and 7,b7 by striking authorized to be appropriated for this part and inserting appropriated under section #c7;a77#b74 ,e ,title ,i general provisions #aea4 ,general provisions for title ,i ,part ,i of title ,i 7#bj ,u4,s4,c4 #fega et seq47-- 7#a7 is transferred to appear after part ,b 7as redesignated72 and 7#b7 is amended to read as follows3 ,c ,general ,provisions #adja4 ,federal regulations 7a7 ,in ,general ,the ,secretary may1 in accordance with subsections 7b7 through 7d71 issue such regulations as are necessary to reasonably ensure there is compliance with this title4 7b7 ,negotiated ,rulemaking ,process 7#a7 ,in general ,before publishing in the ,federal ,register proposed regulations to carry out this title1 the ,secretary shall obtain the advice and recommendations of representatives of ,federal1 ,state1 and local administrators1 parents1 teachers1 and members of local school boards and other organizations involved with the implementation and operation of programs under this title4 7#b7 ,meetings and electronic exchange ,such advice and recommendations may be obtained through such mechanisms as regional meetings and electronic exchanges of information4 7#c7 ,proposed regulations ,after obtaining such advice and recommendations1 and before publishing proposed regulations1 the ,secretary shall-- 7,a7 establish a negotiated rulemaking process2 7,b7 select individuals to participate in such process from among individuals or groups that provided advice and recommendations1 including representation from all geographic regions of the ,united ,states1 in such numbers as will provide an equitable balance between representatives of parents and students and representatives of educators and education officials2 and 7,c7 prepare a draft of proposed policy options that shall be provided to the individuals selected by the ,secretary under subparagraph 7,b7 not less than #ae days before the first meeting under such process4 7c7 ,proposed ,rulemaking ,if the ,secretary determines that a negotiated rulemaking process is unnecessary or the individuals selected to participate in the process under paragraph 7#c77;,b7 fail to reach unanimous agreement1 the ,secretary may propose regulations under the following procedure3 7#a7 ,not less than #cj days prior to beginning a rulemaking process1 the ,secretary shall provide to ,congress1 including the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 notice that shall include-- 7,a7 a copy of the proposed regulations2 7,b7 the need to issue regulations2 7,c7 the anticipated burden1 including the time1 cost1 and paperwork burden1 the regulations will have on ,state educational agencies1 local educational agencies1 schools1 and other entities that may be impacted by the regulations2 and 7,d7 any regulations that will be repealed when the new regulations are issued4 7#b7 #cj days after giving notice of the proposed rule to ,congress1 the ,secretary may proceed with the rulemaking process after all comments received from the ,congress have been addressed and publishing how such comments are addressed with the proposed rule4 7#c7 ,the comment and review period for any proposed regulation shall be #ij days unless an emergency requires a shorter period1 in which case such period shall be not less than #de days and the ,secretary shall-- 7,a7 designate the proposed regulation as an emergency with an explanation of the emergency in the notice and report to ,congress under paragraph 7#a72 and 7,b7 publish the length of the comment and review period in such notice and in the ,federal ,register4 7#d7 ,no regulation shall be made final after the comment and review period until the ,secretary has published in the ,federal ,register an independent assessment of-- 7,a7 the burden1 including the time1 cost1 and paperwork burden1 the regulation will impose on ,state educational agencies1 local educational agencies1 schools and other entities that may be impacted by the regulation2 and 7,b7 an explanation of how the entities described in subparagraph 7,a7 may cover the cost of the burden assessed under subparagraph 7,a74 7d7 ,limitation ,regulations to carry out this title may not require local programs to follow a particular instructional model1 such as the provision of services outside the regular classroom or school program4 #adjb4 ,agreements and records 7a7 ,agreements ,in the case in which a negotiated rule making process is established under subsection 7b7 of section #adja1 all published proposed regulations shall conform to agreements that result from the rulemaking described in section #adja unless the ,secretary reopens the negotiated rulemaking process4 7b7 ,records ,the ,secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained4 #adjc4 ,state administration 7a7 ,rulemaking 7#a7 ,in general ,each ,state that receives funds under this title shall-- 7,a7 ensure that any ,state rules1 regulations1 and policies relating to this title conform to the purposes of this title and provide any such proposed rules1 regulations1 and policies to the committee of practitioners created under subsection 7b7 for review and comment2 7,b7 minimize such rules1 regulations1 and policies to which the ,state's local educational agencies and schools are subject2 7,c7 eliminate or modify ,state and local fiscal accounting requirements in order to facilitate the ability of schools to consolidate funds under schoolwide programs2 7,d7 identify any such rule1 regulation1 or policy as a ,state-imposed requirement2 and 7,e7 7i7 identify any duplicative or contrasting requirements between the ,state and ,federal rules or regulations2 7ii7 eliminate the rules and regulations that are duplicative of ,federal requirements2 and 7iii7 report any conflicting requirements to the ,secretary and determine which ,federal or ,state rule or regulation shall be followed4 7#b7 ,support and facilitation ,state rules1 regulations1 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 ,state academic standards4 7b7 ,committee of ,practitioners 7#a7 ,in general ,each ,state educational agency that receives funds under this title shall create a ,state committee of practitioners to advise the ,state in carrying out its responsibilities under this title4 7#b7 ,membership ,each such committee shall include-- 7,a7 as a majority of its members1 representatives from local educational agencies2 7,b7 administrators1 including the administrators of programs described in other parts of this title2 7,c7 teachers from public charter schools1 traditional public schools1 and career and technical educators2 7,d7 parents2 7,e7 members of local school boards2 7,f7 representatives of private school children2 and 7,g7 specialized instructional support personnel4 7#c7 ,duties ,the duties of such committee shall include a review1 before publication1 of any proposed or final ,state rule or regulation pursuant to this title4 ,in an emergency situation where such rule or regulation must be issued within a very limited time to assist local educational agencies with the operation of the program under this title1 the ,state educational agency may issue a regulation without prior consultation1 but shall immediately thereafter convene the ,state committee of practitioners to review the emergency regulation before issuance in final form4 #adjd4 ,rule of construction on equalized spending ,nothing in this title shall be construed to mandate equalized spending per pupil for a ,state1 local educational agency1 or school4 4 ,,ii ,teacher ,preparation and ,effectiveness #bja4 ,teacher preparation and effectiveness 7a7 ,heading ,the title heading for title ,,ii 7#bj ,u4,s4,c4 #ffja et seq47 is amended to read as follows3 ,,ii ,teacher ,preparation and ,effectiveness 4 7b7 ,part ,a ,part ,a of title ,,ii 7#bj ,u4,s4,c4 #ffja et seq47 is amended to read as follows3 ,a ,supporting ,effective ,instruction #baja4 ,purpose ,the purpose of this part is to provide grants to ,state educational agencies and subgrants to local educational agencies to-- 7#a7 increase student achievement consistent with ,state academic standards under section #aaaa7;b77#a72 7#b7 improve teacher and school leader effectiveness in classrooms and schools1 respectively2 7#c7 provide evidence-based1 job-embedded1 continuous professional development2 and 7#d7 develop and implement teacher evaluation systems that use1 in part1 student achievement data to determine teacher effectiveness4 #a ,grants to ,states #baaa4 ,allotments to ,states 7a7 ,in general ,of the amounts appropriated under section #c7;b71 the ,secretary shall reserve #ge percent to make grants to ,states with applications approved under section #baab to pay for the ,federal share of the cost of carrying out the activities specified in section #baac4 ,each grant shall consist of the allotment determined for a ,state under subsection 7b74 7b7 ,determination of allotments 7#a7 ,reservation of funds ,of the amount reserved under subsection 7a7 for a fiscal year1 the ,secretary shall reserve-- 7,a7 not more than #a percent to carry out national activities under section #bacb2 7,b7 one-half of #a percent for allotments to outlying areas on the basis of their relative need1 as determined by the ,secretary1 in accordance with the purpose of this part2 and 7,c7 one-half of #a percent for the ,secretary of the ,interior for programs under this part in schools operated or funded by the ,bureau of ,indian ,education4 7#b7 ,state allotments 7,a7 ,in general ,subject to subparagraph 7,b71 from the funds reserved under subsection 7a7 for any fiscal year and not reserved under paragraph 7#a71 the ,secretary shall allot to each ,state the sum of-- 7i7 an amount that bears the same relationship to #ej percent of the funds as the number of individuals age #e through #ag in the ,state1 as determined by the ,secretary on the basis of the most recent satisfactory data1 bears to the number of those individuals in all such ,states1 as so determined2 and 7ii7 an amount that bears the same relationship to #ej percent of the funds as the number of individuals age #e through #ag from families with incomes below the poverty line in the ,state1 as determined by the ,secretary on the basis of the most recent satisfactory data1 bears to the number of those individuals in all such ,states1 as so determined4 7,b7 ,small ,state ,minimum ,no ,state receiving an allotment under subparagraph 7,a7 may receive less than one-half of #a percent of the total amount of funds allotted under such subparagraph for a fiscal year4 7c7 ,alternate distribution of funds 7#a7 ,in general ,subject to paragraphs 7#b7 through 7#e71 if a ,state does not apply to the ,secretary for an allotment under this section1 a local educational agency located in such ,state may apply to the ,secretary for a portion of the funds that would have been allotted to the ,state had such ,state applied for an allotment under this section to carry out the activities under this part4 7#b7 ,application ,in order to receive an allotment under paragraph 7#a71 a local educational agency shall submit to the ,secretary an application at such time1 in such manner1 and containing the information described in section #babb4 7#c7 ,use of funds ,a local educational agency receiving an allotment under paragraph 7#a7-- 7,a7 shall use such funds to carry out the activities described in section #babc7a72 and 7,b7 may use such funds to carry out the activities described in section #babc7b74 7#d7 ,reporting requirements ,a local educational agency receiving an allotment under paragraph 7#a7 shall carry out the reporting requirements described in section #baca7;a71 except that annual reports shall be submitted to the ,secretary and not a ,state educational agency4 7#e7 ,amount of allotment ,an allotment made to a local educational agency under paragraph 7#a7 for a fiscal year shall be equal to the amount of subgrant funds that the local educational agency would have received under subpart #b had such agency applied for a subgrant under such subpart for such fiscal year4 7d7 ,reallotment ,if a ,state does not apply for an allotment under this section for any fiscal year or only a portion of the ,state's allotment is allotted under subsection 7c71 the ,secretary shall reallot the ,state's entire allotment or the remaining portion of its allotment1 as the case may be1 to the remaining ,states in accordance with subsection 7b74 #baab4 ,state application 7a7 ,in general ,for a ,state to be eligible to receive a grant under this subpart1 the ,state educational agency shall submit an application to the ,secretary at such time and in such a manner as the ,secretary may reasonably require1 which shall include the following3 7#a7 ,a description of how the ,state educational agency will meet the requirements of this subpart4 7#b7 ,a description of how the ,state educational agency will use a grant received under section #baaa1 including the grant funds the ,state will reserve for ,state-level activities under section #baac7;a77#b74 7#c7 ,a description of how the ,state educational agency will facilitate the sharing of evidence-based and other effective strategies among local educational agencies4 7#d7 ,a description of how1 and under what timeline1 the ,state educational agency will allocate subgrants under subpart #b to local educational agencies4 7#e7 ,in the case of a ,state educational agency that is not developing or implementing a statewide teacher evaluation system1 a description of how the ,state educational agency will ensure that each local educational agency in the ,state receiving a subgrant under subpart #b will implement a teacher evaluation system that meets the requirements of clauses 7i7 through 7v7 of section #babc7a77;,a74 7#f7 ,in the case of a ,state educational agency that is developing or implementing a statewide teacher evaluation system-- 7,a7 a description of how the ,state educational agency will work with local educational agencies in the ,state to implement the statewide teacher evaluation system within #c years of the date of enactment of the ,student ,success ,act2 and 7,b7 an assurance that the statewide teacher evaluation system complies with clauses 7i7 through 7v7 of section #babc7a77;,a74 7#g7 ,an assurance that the ,state educational agency will comply with section #eeja 7regarding participation by private school children and teachers74 7b7 ,deemed approval ,an application submitted by a ,state educational agency under subsection 7a7 shall be deemed to be approved by the ,secretary unless the ,secretary makes a written determination1 prior to the expiration of the #abj-;day period beginning on the date on which the ,secretary received the application1 that the application is not in compliance with this subpart4 7c7 ,disapproval ,the ,secretary shall not finally disapprove an application1 except after giving the ,state educational agency notice and an opportunity for a hearing4 7d7 ,notification ,if the ,secretary finds that an application is not in compliance1 in whole or in part1 with this subpart1 the ,secretary shall-- 7#a7 give the ,state educational agency notice and an opportunity for a hearing2 and 7#b7 notify the ,state educational agency of the finding of noncompliance and1 in such notification1 shall-- 7,a7 cite the specific provisions in the application that are not in compliance2 and 7,b7 request additional information1 only as to the noncompliant provisions1 needed to make the application compliant4 7e7 ,response ,if a ,state educational agency responds to a notification from the ,secretary under subsection 7d77#b7 during the #de-;day period beginning on the date on which the agency received the notification1 and resubmits the application with the requested information described in subsection 7d77#b77;,b71 the ,secretary shall approve or disapprove such application prior to the later of-- 7#a7 the expiration of the #de-;day period beginning on the date on which the application is resubmitted2 or 7#b7 the expiration of the #abj-;day period described in subsection 7b74 7f7 ,failure to respond ,if a ,state educational agency does not respond to a notification from the ,secretary under subsection 7d77#b7 during the #de-;day period beginning on the date on which the agency received the notification1 such application shall be deemed to be disapproved4 #baac4 ,state use of funds 7a7 ,in general ,a ,state educational agency that receives a grant under section #baaa shall-- 7#a7 reserve #ie percent of the grant funds to make subgrants to local educational agencies under subpart #b2 and 7#b7 use the remainder of the funds1 after reserving funds under paragraph 7#a71 for the ,state activities described in subsection 7b71 except that the ,state may reserve not more than #a percent of the grant funds for planning and administration related to carrying out activities described in subsection 7b74 7b7 ,state-level activities ,a ,state educational agency that receives a grant under section #baaa-- 7#a7 shall use the amount described in subsection 7a77#b7 to-- 7,a7 provide training and technical assistance to local educational agencies on-- 7i7 in the case of a ,state educational agency not implementing a statewide teacher evaluation system-- 7,i7 the development and implementation of a teacher evaluation system that meets the requirements of clauses 7i7 through 7v7 of section #babc7a77;,a72 and 7,,ii7 training school leaders in using such evaluation system2 or 7ii7 in the case of a ,state educational agency implementing a statewide teacher evaluation system1 implementing such evaluation system2 and 7,b7 fulfill the ,state educational agency's responsibilities with respect to the proper and efficient administration of the subgrant program carried out under this part2 and 7#b7 may use the amount described in subsection 7a77#b7 to-- 7,a7 disseminate and share evidence-based and other effective practices1 including practices consistent with the principles of effectiveness described in section #bbbb7;b71 related to teacher and school leader effectiveness and professional development2 7,b7 provide professional development for teachers and school leaders in the ,state consistent with section #babc7b77;,d72 and 7,c7 provide training and technical assistance to local educational agencies on-- 7i7 in the case of a ,state educational agency not implementing a statewide school leader evaluation system1 the development and implementation of a school leader evaluation system2 and 7ii7 in the case of a ,state educational agency implementing a statewide school leader evaluation system1 implementing such evaluation system4 #b ,subgrants to local educational agencies #baba4 ,allocations to local educational agencies 7a7 ,in general ,each ,state receiving a grant under section #baaa shall use the funds reserved under section #baac7;a77#a7 to award subgrants to local educational agencies under this section4 7b7 ,allocation of funds ,from the funds reserved by a ,state under section #baac7;a77#a71 the ,state educational agency shall allocate to each local educational agency in the ,state the sum of-- 7#a7 an amount that bears the same relationship to #ej percent of the funds as the number of individuals age #e through #ag in the geographic area served by the local educational agency1 as determined by the ,state on the basis of the most recent satisfactory data1 bears to the number of those individuals in the geographic areas served by all the local educational agencies in the ,state1 as so determined2 and 7#b7 an amount that bears the same relationship to #ej percent of the funds as the number of individuals age #e through #ag from families with incomes below the poverty line in the geographic area served by the local educational agency1 as determined by the ,state on the basis of the most recent satisfactory data1 bears to the number of those individuals in the geographic areas served by all the local educational agencies in the ,state1 as so determined4 #babb4 ,local applications ,to be eligible to receive a subgrant under this subpart1 a local educational agency shall submit an application to the ,state educational agency involved at such time1 in such a manner1 and containing such information as the ,state educational agency may reasonably require that1 at a minimum1 shall include the following3 7#a7 ,a description of-- 7,a7 how the local educational agency will meet the requirements of this subpart2 7,b7 how the activities to be carried out by the local educational agency under this subpart will be evidence-based1 improve student academic achievement1 and improve teacher and school leader effectiveness2 7,c7 in the case of a local educational agency not in a ,state with a statewide teacher evaluation system1 the teacher evaluation system that will be developed and implemented under section #babc7a7 and how such system will meet the requirements described in clauses 7i7 through 7v7 of section #babc7a77;,a72 7,d7 how1 in developing and implementing such a teacher evaluation system1 the local educational agency will work with parents1 teachers1 school leaders1 and other staff of the schools served by the local educational agency2 and 7,e7 how the local educational agency will develop and implement such a teacher evaluation system within #c years of the date of enactment of the ,student ,success ,act4 7#b7 ,in the case of a local educational agency in a ,state with a statewide teacher evaluation system1 a description of how the local educational agency will work with the ,state educational agency to implement the statewide teacher evaluation system within #c years of the date of enactment of the ,student ,success ,act4 7#c7 ,an assurance that the local educational agency will comply with section #eeja 7regarding participation by private school children and teachers74 #babc4 ,local use of funds ,a local educational agency receiving a subgrant under this subpart-- 7#a7 shall use such funds-- 7,a7 to develop and implement a teacher evaluation system that-- 7i7 uses student achievement data derived from a variety of sources as a significant factor in determining a teacher's evaluation1 with the weight given to such data defined by the local educational agency2 7ii7 uses multiple measures of evaluation for evaluating teachers2 7iii7 has more than #b categories for rating the performance of teachers2 7iv7 shall be used to make personnel decisions1 as determined by the local educational agency2 and 7v7 is based on input from parents1 school leaders1 teachers1 and other staff of schools served by the local educational agency2 or 7,b7 in the case of a local educational agency located in a ,state implementing a statewide teacher evaluation system1 to implement such evaluation system2 and 7#b7 may use such funds for-- 7,a7 the training of school leaders or other individuals for the purpose of evaluating teachers under a teacher evaluation system described in subparagraph 7,a7 or 7,b7 of paragraph 7#a71 as appropriate2 7,b7 in the case of a local educational agency located in a ,state implementing a statewide school leader evaluation system1 to implement such evaluation system2 7,c7 in the case of a local educational agency located in a ,state not implementing a statewide school leader evaluation system1 the development and implementation of a school leader evaluation system2 7,d7 professional development for teachers and school leaders that is evidence-based1 job-embedded1 and continuous1 such as-- 7i7 subject-based professional development for teachers2 7ii7 professional development aligned with the ,state's academic standards2 7iii7 professional development to assist teachers in meeting the needs of students with different learning styles1 particularly students with disabilities1 ,english learners1 and gifted and talented students2 7iv7 professional development for teachers identified as in need of additional support through data provided by a teacher evaluation system described in subparagraph 7,a7 or 7,b7 of paragraph 7#a71 as appropriate2 7v7 professional development based on the current science of learning1 which includes research on positive brain change and cognitive skill development2 7vi7 professional development for school leaders1 including evidence-based mentorship programs for such leaders2 7vii7 professional development on integrated1 interdisciplinary1 and project-based teaching strategies1 including for career and technical education teachers2 or 7viii7 professional development on teaching dual credit and dual enrollment postsecondary-level courses to secondary school students2 7,e7 partnering with a public or private organization or a consortium of such organizations to develop and implement a teacher evaluation system described in subparagraph 7,a7 or 7,b7 of paragraph 7#a71 or to administer professional development1 as appropriate2 7,f7 any activities authorized under section #bbbb7;a72 or 7,g7 class size reduction1 except that the local educational agency may use not more than #aj percent of such funds for this purpose4 #c ,general provisions #baca4 ,reporting ,requirements 7a7 ,local educational agencies ,each local educational agency receiving a subgrant under subpart #b shall submit to the ,state educational agency involved1 on an annual basis until the last year in which the local educational agency receives such subgrant funds1 a report on-- 7#a7 how the local educational agency is meeting the purposes of this part described in section #baja2 7#b7 how the local educational agency is using such subgrant funds2 7#c7 the number and percentage of teachers in each category established under clause 7iii7 of section #babc7a77;,a71 except that such report shall not reveal personally identifiable information about an individual teacher2 and 7#d7 any such other information as the ,state educational agency may require4 7b7 ,state educational agencies ,each ,state educational agency receiving a grant under subpart #a shall submit to the ,secretary a report1 on an annual basis until the last year in which the ,state educational agency receives such grant funds1 on-- 7#a7 how the ,state educational agency is meeting the purposes of this part described in section #baja2 and 7#b7 how the ,state educational agency is using such grant funds4 #bacb4 ,national activities ,from the funds reserved by the ,secretary under section #baaa7;b77#a77;,a71 the ,secretary shall1 directly or through grants and contracts-- 7#a7 provide technical assistance to ,states and local educational agencies in carrying out activities under this part2 and 7#b7 acting through the ,institute of ,education ,sciences1 conduct national evaluations of activities carried out by ,state educational agencies and local educational agencies under this part4 #bacc4 ,state defined ,in this part1 the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 4 7c7 ,part ,b ,part ,b of title ,,ii 7#bj ,u4,s4,c4 #fffa et seq47 is amended to read as follows3 ,b ,teacher and ,school ,leader ,flexible ,grant #bbja4 ,purpose ,the purpose of this part is to improve student academic achievement by-- 7#a7 supporting all ,state educational agencies1 local educational agencies1 schools1 teachers1 and school leaders to pursue innovative and evidence-based practices to help all students meet the ,state's academic standards2 and 7#b7 increasing the number of teachers and school leaders who are effective in increasing student academic achievement4 #a ,formula grants to ,states #bbaa4 ,state ,allotments 7a7 ,reservations ,from the amount appropriated under section #c7;b7 for any fiscal year1 the ,secretary-- 7#a7 shall reserve #be percent to award grants to ,states under this subpart2 and 7#b7 of the amount reserved under paragraph 7#a71 shall reserve-- 7,a7 not more than #a percent for national activities described in section #bbcc2 7,b7 one-half of #a percent for allotments to outlying areas on the basis of their relative need1 as determined by the ,secretary1 in accordance with the purpose of this part2 and 7,c7 one-half of #a percent for the ,secretary of the ,interior for programs under this part in schools operated or funded by the ,bureau of ,indian ,education4 7b7 ,state allotments 7#a7 ,in general ,from the total amount reserved under subsection 7a77#a7 for each fiscal year and not reserved under subparagraphs 7,a7 through 7,c7 of subsection 7a77#b71 the ,secretary shall allot1 and make available in accordance with this section1 to each ,state an amount that bears the same ratio to such sums as the school-age population of the ,state bears to the school-age population of all ,states4 7#b7 ,small ,state minimum ,no ,state receiving an allotment under paragraph 7#a7 may receive less than one-half of #a percent of the total amount allotted under such paragraph4 7#c7 ,reallotment ,if a ,state does not receive an allotment under this subpart for a fiscal year1 the ,secretary shall reallot the amount of the ,state's allotment to the remaining ,states in accordance with this section4 7c7 ,state application ,in order to receive an allotment under this section for any fiscal year1 a ,state shall submit an application to the ,secretary1 at such time and in such manner as the ,secretary may reasonably require4 ,such application shall-- 7#a7 designate the ,state educational agency as the agency responsible for the administration and supervision of programs assisted under this part2 7#b7 describe how the ,state educational agency will use funds received under this section for ,state level activities described in subsection 7d77#c72 7#c7 describe the procedures and criteria the ,state educational agency will use for reviewing applications and awarding subgrants in a timely manner to eligible entities under section #bbba on a competitive basis2 7#d7 describe how the ,state educational agency will ensure that subgrants made under section #bbba are of sufficient size and scope to support effective programs that will help increase academic achievement in the classroom and are consistent with the purposes of this part2 7#e7 describe the steps the ,state educational agency will take to ensure that eligible entities use subgrants received under section #bbba to carry out programs that implement effective strategies1 including by providing ongoing technical assistance and training1 and disseminating evidence-based and other effective strategies to such eligible entities2 7#f7 describe how programs under this part will be coordinated with other programs under this ,act2 and 7#g7 include an assurance that1 other than providing technical and advisory assistance and monitoring compliance with this part1 the ,state educational agency has not exercised1 and will not exercise1 any influence in the decision-making processes of eligible entities as to the expenditure of funds made pursuant to an application submitted under section #bbba7;b74 7d7 ,state use of funds 7#a7 ,in general ,each ,state that receives an allotment under this section shall reserve not less than #ib percent of the amount allotted to such ,state under subsection 7b71 for each fiscal year1 for subgrants to eligible entities under subpart #b4 7#b7 ,state administration ,a ,state educational agency may reserve not more than #a percent of the amount made available to the ,state under subsection 7b7 for the administrative costs of carrying out such ,state educational agency's responsibilities under this subpart4 7#c7 ,state-level activities 7,a7 ,innovative ,teacher and ,school ,leader ,activities ,a ,state educational agency shall reserve not more than #d percent of the amount made available to the ,state under subsection 7b7 to carry out1 solely1 or in partnership with ,state agencies of higher education1 #a or more of the following activities3 7i7 ,reforming teacher and school leader certification1 recertification1 licensing1 and tenure systems to ensure that such systems are rigorous and that-- 7,i7 each teacher has the subject matter knowledge and teaching skills necessary to help students meet the ,state's academic standards2 and 7,,ii7 school leaders have the instructional leadership skills to help teachers instruct and students learn4 7ii7 ,improving the quality of teacher preparation programs within the ,state1 including through the use of appropriate student achievement data and other factors to evaluate the quality of teacher preparation programs within the ,state4 7iii7 ,carrying out programs that establish1 expand1 or improve alternative routes for ,state certification or licensure of teachers and school leaders1 including such programs for-- 7,i7 mid-career professionals from other occupations1 including science1 technology1 engineering1 and math fields2 7,,ii7 former military personnel2 and 7,,iii7 recent graduates of an institution of higher education1 with a record of academic distinction1 who demonstrate the potential to become effective teachers or school leaders4 7iv7 ,developing1 or assisting eligible entities in developing-- 7,i7 performance-based pay systems for teachers and school leaders2 7,,ii7 strategies that provide differential1 incentive1 or bonus pay for teachers and school leaders2 or 7,,iii7 teacher and school leader advancement initiatives that promote professional growth and emphasize multiple career paths and pay differentiation4 7v7 ,developing1 or assisting eligible entities in developing1 new1 evidence-based teacher and school leader induction and mentoring programs that are designed to-- 7,i7 improve instruction and student academic achievement2 and 7,,ii7 increase the retention of effective teachers and school leaders4 7vi7 ,providing professional development for teachers and school leaders that is focused on improving teaching and student academic achievement1 including for students with different learning styles1 particularly students with disabilities1 ,english learners1 gifted and talented students1 and other special populations4 7vii7 ,providing training and technical assistance to eligible entities that receive a subgrant under section #bbba4 7viii7 ,other activities identified by the ,state educational agency that meet the purposes of this part1 including those activities authorized under subparagraph 7,b74 7,b7 ,teacher or ,school ,leader ,preparation ,academies 7i7 ,in general ,in the case of a ,state in which teacher or school leader preparation academies are allowable under ,state law1 a ,state educational agency may reserve not more than #c percent of the amount made available to the ,state under subsection 7b7 to support the establishment or expansion of one or more teacher or school leader preparation academies and1 subject to the limitation under clause 7iii71 to support ,state authorizers for such academies4 7ii7 ,matching requirement ,a ,state educational agency shall not provide funds under this subparagraph to support the establishment or expansion of a teacher or school leader preparation academy unless the academy agrees to provide1 either directly or through private contributions1 non-,federal matching funds equal to not less than #aj percent of the amount of the funds the academy will receive under this subparagraph4 7iii7 ,funding for ,state authorizers ,not more than #e percent of funds provided to a teacher or school leader preparation academy under this subparagraph may be used to support activities of ,state authorizers for such academy4 #bbab4 ,approval and ,disapproval of ,state ,applications 7a7 ,deemed approval ,an application submitted by a ,state pursuant to section #bbaa7;c7 shall be deemed to be approved by the ,secretary unless the ,secretary makes a written determination1 prior to the expiration of the #abj-;day period beginning on the date on which the ,secretary received the application1 that the application is not in compliance with section #bbaa7;c74 7b7 ,disapproval ,process 7#a7 ,in ,general ,the ,secretary shall not finally disapprove an application submitted under section #bbaa7;c71 except after giving the ,state educational agency notice and an opportunity for a hearing4 7#b7 ,notification ,if the ,secretary finds that an application is not in compliance1 in whole or in part1 with section #bbaa7;c7 the ,secretary shall-- 7,a7 give the ,state educational agency notice and an opportunity for a hearing2 and 7,b7 notify the ,state educational agency of the finding of noncompliance and1 in such notification1 shall-- 7i7 cite the specific provisions in the application that are not in compliance2 and 7ii7 request additional information1 only as to the noncompliant provisions1 needed to make the application compliant4 7#c7 ,response ,if a ,state educational agency responds to a notification from the ,secretary under paragraph 7#b77;,b7 during the #de-;day period beginning on the date on which the ,state educational agency received the notification1 and resubmits the application with the requested information described in paragraph 7#b77;,b77ii71 the ,secretary shall approve or disapprove such application prior to the later of-- 7,a7 the expiration of the #de-;day period beginning on the date on which the application is resubmitted2 or 7,b7 the expiration of the #abj-;day period described in subsection 7a74 7#d7 ,failure to respond ,if the ,state educational agency does not respond to a notification from the ,secretary under paragraph 7#b77;,b7 during the #de-;day period beginning on the date on which the ,state educational agency received the notification1 such application shall be deemed to be disapproved4 #b ,local competitive grant program #bbba4 ,local competitive grant program 7a7 ,in general ,a ,state that receives an allotment under section #bbaa7;b7 for a fiscal year shall use the amount reserved under section #bbaa7;d77#a7 to award subgrants1 on a competitive basis1 to eligible entities in accordance with this section to enable such entities to carry out the programs and activities described in section #bbbb4 7b7 ,application 7#a7 ,in general ,to be eligible to receive a subgrant under this section1 an eligible entity shall submit an application to the ,state educational agency at such time1 in such manner1 and including such information as the ,state educational agency may reasonably require4 7#b7 ,contents ,each application submitted under paragraph 7#a7 shall include-- 7,a7 a description of the programs and activities to be funded and how they are consistent with the purposes of this part2 and 7,b7 an assurance that the eligible entity will comply with section #eeja 7regarding participation by private school children and teachers74 7c7 ,peer review ,in reviewing applications under this section1 a ,state educational agency shall use a peer review process or other methods of assuring the quality of such applications but the review shall only judge the likelihood of the activity to increase student academic achievement4 ,the reviewers shall not make a determination based on the policy of the proposed activity4 7d7 ,geographic diversity ,a ,state educational agency shall distribute funds under this section equitably among geographic areas within the ,state1 including rural1 suburban1 and urban communities4 7e7 ,duration of awards ,a ,state educational agency may award subgrants under this section for a period of not more than #e years4 7f7 ,matching ,an eligible entity receiving a subgrant under this section shall provide1 either directly or through private contributions1 non-,federal matching funds equal to not less than #aj percent of the amount of the subgrant4 #bbbb4 ,local authorized activities 7a7 ,in ,general ,each eligible entity receiving a subgrant under section #bbba shall use such subgrant funds to develop1 implement1 and evaluate comprehensive programs and activities1 that are in accordance with the purpose of this part and-- 7#a7 are consistent with the principles of effectiveness described in subsection 7b72 and 7#b7 may include1 among other programs and activities-- 7,a7 developing and implementing initiatives to assist in recruiting1 hiring1 and retaining highly effective teachers and school leaders1 including initiatives that provide-- 7i7 differential1 incentive1 or bonus pay for teachers and school leaders2 7ii7 performance-based pay systems for teachers and school leaders2 7iii7 teacher and school leader advancement initiatives that promote professional growth and emphasize multiple career paths and pay differentiation2 7iv7 new teacher and school leader induction and mentoring programs that are designed to improve instruction1 student academic achievement1 and to increase teacher and school leader retention2 and 7v7 teacher residency programs1 and school leader residency programs1 designed to develop and support new teachers or new school leaders1 respectively2 7,b7 supporting the establishment or expansion of teacher or school leader preparation academies under section #bbaa7;d77#c77;,b72 7,c7 recruiting qualified individuals from other fields1 including individuals from science1 technology1 engineering1 and math fields1 mid-career professionals from other occupations1 and former military personnel2 7,d7 establishing1 improving1 or expanding model instructional programs to ensure that all children meet the ,state's academic standards2 7,e7 providing evidence-based1 job embedded1 continuous professional development for teachers and school leaders focused on improving teaching and student academic achievement2 7,f7 implementing programs based on the current science of learning1 which includes research on positive brain change and cognitive skill development2 7,g7 recruiting and training teachers to teach dual credit and dual enrollment postsecondary-level courses to secondary school students2 and 7,h7 other activities and programs identified as necessary by the local educational agency that meet the purpose of this part4 7b7 ,principles of effectiveness ,for a program or activity developed pursuant to this section to meet the principles of effectiveness1 such program or activity shall-- 7#a7 be based upon an assessment of objective data regarding the need for programs and activities in the elementary schools and secondary schools served to increase the number of teachers and school leaders who are effective in improving student academic achievement2 7#b7 reflect evidence-based research1 or in the absence of a strong research base1 reflect effective strategies in the field1 that provide evidence that the program or activity will improve student academic achievement2 and 7#c7 include meaningful and ongoing consultation with1 and input from1 teachers1 school leaders1 and parents1 in the development of the application and administration of the program or activity4 #c ,general provisions #bbca4 ,periodic evaluation 7a7 ,in general ,each eligible entity and each teacher or school leader preparation academy that receives funds under this part shall undergo a periodic evaluation by the ,state educational agency involved to assess such entity's or such academy's progress toward achieving the purposes of this part4 7b7 ,use of results ,the results of an evaluation described in subsection 7a7 of an eligible entity or academy shall be-- 7#a7 used to refine1 improve1 and strengthen such eligible entity or such academy1 respectively2 and 7#b7 made available to the public upon request1 with public notice of such availability provided4 #bbcb4 ,reporting requirements 7a7 ,eligible entities and academies ,each eligible entity and each teacher or school leader preparation academy that receives funds from a ,state educational agency under this part shall prepare and submit annually to such ,state educational agency a report that includes-- 7#a7 a description of the progress of the eligible entity or teacher or school leader preparation academy1 respectively1 in meeting the purposes of this part2 7#b7 a description of the programs and activities conducted by the eligible entity or teacher or school leader preparation academy1 respectively1 with funds received under this part2 7#c7 how the eligible entity or teacher or school leader preparation academy1 respectively1 is using such funds2 and 7#d7 any such other information as the ,state educational agency may require4 7b7 ,state educational agencies ,each ,state educational agency that receives a grant under this part shall prepare and submit1 annually1 to the ,secretary a report that includes-- 7#a7 a description of the programs and activities conducted by the ,state educational agency with grant funds received under this part2 7#b7 a description of the progress of the ,state educational agency in meeting the purposes of this part described in section #bbja2 7#c7 how the ,state educational agency is using grant funds received under this part2 7#d7 the methods and criteria the ,state educational agency used to award subgrants in a timely manner to eligible entities under section #bbba and1 if applicable1 funds in a timely manner to teacher or school leader academies under section #bbaa7;d77#c77;,b72 and 7#e7 the results of the periodic evaluations conducted under section #bbca4 #bbcc4 ,national activities ,from the funds reserved by the ,secretary under section #bbaa7;a77#b77;,a71 the ,secretary shall1 directly or through grants and contracts-- 7#a7 provide technical assistance to ,states and eligible entities in carrying out activities under this part2 and 7#b7 acting through the ,institute of ,education ,sciences1 conduct national evaluations of activities carried out by ,states and eligible entities under this part4 #bbcd4 ,definitions ,in this part3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a local educational agency or consortium of local educational agencies2 7,b7 an institution of higher education or consortium of such institutions in partnership with a local educational agency or consortium of local educational agencies2 7,c7 a for-profit organization1 a nonprofit organization1 or a consortium of for-profit or nonprofit organizations in partnership with a local educational agency or consortium of local educational agencies2 or 7,d7 a consortium of the entities described in subparagraphs 7,b7 and 7,c74 7#b7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 7#c7 ,state authorizer ,the term ,state authorizer means an entity designated by the ,governor of a ,state to authorize teacher or school leader preparation academies within the ,state that-- 7,a7 enters into an agreement with a teacher or school leader preparation academy that-- 7i7 specifies the goals expected of the academy1 which1 at a minimum1 include the goals described in paragraph 7#d72 and 7ii7 does not reauthorize the academy if such goals are not met2 and 7,b7 may be a nonprofit organization1 a ,state educational agency1 or other public entity1 or consortium of such entities 7including a consortium of ,state educational agencies74 7#d7 ,teacher or school leader preparation academy ,the term teacher or school leader preparation academy means a public or private entity1 or a nonprofit or for-profit organization1 which may be an institution of higher education or an organization affiliated with an institution of higher education1 that will prepare teachers or school leaders to serve in schools1 and that-- 7,a7 enters into an agreement with a ,state authorizer that specifies the goals expected of the academy1 including-- 7i7 a requirement that prospective teachers or school leaders who are enrolled in a teacher or school leader preparation academy receive a significant part of their training through clinical preparation that partners the prospective candidate with an effective teacher or school leader1 respectively1 with a demonstrated record of increasing student achievement1 while also receiving concurrent instruction from the academy in the content area 7or areas7 in which the prospective teacher or school leader will become certified or licensed2 7ii7 the number of effective teachers or school leaders1 respectively1 who will demonstrate success in increasing student achievement that the academy will produce2 and 7iii7 a requirement that a teacher or school leader preparation academy will only award a certificate of completion after the graduate demonstrates that the graduate is an effective teacher or school leader1 respectively1 with a demonstrated record of increasing student achievement1 except that an academy may award a provisional certificate for the period necessary to allow the graduate to demonstrate such effectiveness2 7,b7 does not have restrictions on the methods the academy will use to train prospective teacher or school leader candidates1 including-- 7i7 obligating 7or prohibiting7 the academy's faculty to hold advanced degrees or conduct academic research2 7ii7 restrictions related to the academy's physical infrastructure2 7iii7 restrictions related to the number of course credits required as part of the program of study2 7iv7 restrictions related to the undergraduate coursework completed by teachers teaching or working on alternative certificates1 licenses1 or credentials1 as long as such teachers have successfully passed all relevant ,state-approved content area examinations2 or 7v7 restrictions related to obtaining accreditation from an accrediting body for purposes of becoming an academy2 7,c7 limits admission to its program to prospective teacher or school leader candidates who demonstrate strong potential to improve student achievement1 based on a rigorous selection process that reviews a candidate's prior academic achievement or record of professional accomplishment2 and 7,d7 results in a certificate of completion that the ,state may recognize as at least the equivalent of a master's degree in education for the purposes of hiring1 retention1 compensation1 and promotion in the ,state4 7#e7 ,teacher residency program ,the term teacher residency program means a school-based teacher preparation program in which a prospective teacher-- 7,a7 for one academic year1 teaches alongside an effective teacher1 as determined by a teacher evaluation system implemented under part ,a1 who is the teacher of record2 7,b7 receives concurrent instruction during the year described in subparagraph 7,a7 from the partner institution 7as defined in section #bjj of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajba771 which courses may be taught by local educational agency personnel or residency program faculty1 in the teaching of the content area in which the teacher will become certified or licensed2 and 7,c7 acquires effective teaching skills4 4 7d7 ,part ,c ,part ,c of title ,,ii 7#bj ,u4,s4,c4 #ffga et seq47 is amended-- 7#a7 by striking subparts #a through #d2 7#b7 by striking the heading relating to subpart #e2 7#c7 by striking sections #bcfa and #bcfh2 7#d7 in section #bcfb1 by striking principals and inserting school leaders2 7#e7 in section #bcfc7f77;,a71 by striking principal and inserting school leader2 7#f7 in section #bcff7;b71 by striking ate law and inserting 7#c7 ,a ,state law2 7#g7 by redesignating section #bcfb as section #bcfa2 7#h7 by redesignating sections #bcfd through #bcfg as sections #bcfb through #bcfe1 respectively2 and 7#i7 by redesignating section #bcfc as section #bcff and transferring such section to appear after section #bcfe 7as so redesignated74 7e7 ,part ,d ,part ,d of title ,,ii 7#bj ,u4,s4,c4 #fgea et seq47 is amended to read as follows3 ,d ,general ,provisions #bdja4 ,inclusion of charter schools ,in this title1 the term local educational agency includes a charter school 7as defined in section #eaja7 that1 in the absence of this section1 would not have received funds under this title4 #bdjb4 ,parents' ,right to ,know ,at the beginning of each school year1 a local educational agency that receives funds under this title shall notify the parents of each student attending any school receiving funds under this title that the parents may request1 and the agency will provide the parents on request 7and in a timely manner71 information regarding the professional qualifications of the student's classroom teachers4 #bdjc4 ,supplement1 not supplant ,funds received under this title shall be used to supplement1 and not supplant1 non-,federal funds that would otherwise be used for activities authorized under this title4 4 #bjb4 ,conforming repeals 7a7 ,conforming repeals ,title ,,ii of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajba et seq47 is amended by repealing sections #bja through #bjd4 7b7 ,effective date ,the repeals made by subsection 7a7 shall take effect ,october #a1 #bjac4 ,,iii ,parental ,engagement and ,local ,flexibility #cja4 ,parental engagement and local flexibility ,title ,,iii 7#bj ,u4,s4,c4 #fhja et seq47 is amended to read as follows3 ,,iii ,parental ,engagement and ,local ,flexibility ,a ,parental ,engagement #a ,charter ,school ,program #caja4 ,purpose ,it is the purpose of this subpart to-- 7#a7 improve the ,united ,states education system and educational opportunities for all ,americans by supporting innovation in public education in public school settings that prepare students to compete and contribute to the global economy2 7#b7 provide financial assistance for the planning1 program design1 and initial implementation of charter schools2 7#c7 expand the number of high-quality charter schools available to students across the ,nation2 7#d7 evaluate the impact of such schools on student achievement1 families1 and communities1 and share best practices between charter schools and other public schools2 7#e7 encourage ,states to provide support to charter schools for facilities financing in an amount more nearly commensurate to the amount the ,states have typically provided for traditional public schools2 7#f7 improve student services to increase opportunities for students with disabilities1 ,english learners1 and other traditionally underserved students to attend charter schools and meet challenging ,state academic achievement standards2 and 7#g7 support efforts to strengthen the charter school authorizing process to improve performance management1 including transparency1 monitoring1 and evaluation of such schools4 #cajb4 ,program authorized 7a7 ,in general ,from the amounts appropriated under section #c7;c77#a77;,a71 the ,secretary shall carry out a charter school program under this subpart that supports charter schools that serve elementary school and secondary school students by-- 7#a7 supporting the startup1 replication1 and expansion of charter schools2 7#b7 assisting charter schools in accessing credit to acquire and renovate facilities for school use2 and 7#c7 carrying out national activities to support-- 7,a7 charter school development2 7,b7 the dissemination of best practices of charter schools for all schools2 and 7,c7 the evaluation of the impact of the program on schools participating in the program4 7b7 ,funding ,allotment ,from the amount made available under section #c7;c77#a77;,a7 for a fiscal year1 the ,secretary shall-- 7#a7 reserve #ae percent to support charter school facilities assistance under section #cajd2 7#b7 reserve not more than #e percent to carry out national activities under section #caje2 and 7#c7 use the remaining amount after the ,secretary reserves funds under paragraphs 7#a7 and 7#b7 to carry out section #cajc4 7c7 ,prior grants and subgrants ,the recipient of a grant or subgrant under this subpart or subpart #b1 as such subpart was in effect on the day before the date of enactment of the ,student ,success ,act1 shall continue to receive funds in accordance with the terms and conditions of such grant or subgrant4 #cajc4 ,grants to support high-quality charter schools 7a7 ,in general ,from the amount reserved under section #cajb7;b77#c71 the ,secretary shall award grants to ,state entities having applications approved pursuant to subsection 7f7 to enable such entities to-- 7#a7 award subgrants to eligible applicants for-- 7,a7 opening new charter schools2 7,b7 opening replicable1 high-quality charter school models2 or 7,c7 expanding high-quality charter schools2 and 7#b7 provide technical assistance to eligible applicants and authorized public chartering agencies in carrying out the activities described in paragraph 7#a7 and work with authorized public chartering agencies in the ,state to improve authorizing quality4 7b7 ,state uses of funds 7#a7 ,in general ,a ,state entity receiving a grant under this section shall-- 7,a7 use #ij percent of the grant funds to award subgrants to eligible applicants1 in accordance with the quality charter school program described in the entity's application approved pursuant to subsection 7f71 for the purposes described in subparagraphs 7,a7 through 7,c7 of subsection 7a77#a72 and 7,b7 reserve #aj percent of such funds to carry out the activities described in subsection 7a77#b71 of which not more than #cj percent may be used for administrative costs which may include technical assistance4 7#b7 ,contracts and grants ,a ,state entity may use a grant received under this section to carry out the activities described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 directly or through grants1 contracts1 or cooperative agreements4 7c7 ,program periods2 peer review2 grant number and amount2 diversity of projects2 waivers 7#a7 ,program periods 7,a7 ,grants ,a grant awarded by the ,secretary to a ,state entity under this section shall be for a period of not more than #e years4 7,b7 ,subgrants ,a subgrant awarded by a ,state entity under this section shall be for a period of not more than #c years1 of which an eligible applicant may use not more than #ah months for planning and program design4 7#b7 ,peer ,review ,the ,secretary1 and each ,state entity receiving a grant under this section1 shall use a peer review process to review applications for assistance under this section4 7#c7 ,grant number and amount ,the ,secretary shall ensure that the number of grants awarded under this section and the award amounts will allow for a sufficient number of new grants to be awarded under this section for each succeeding fiscal year4 7#d7 ,diversity of ,projects ,each ,state entity receiving a grant under this section shall award subgrants under this section in a manner that1 to the extent possible1 ensures that such subgrants-- 7,a7 are distributed throughout different areas1 including urban1 suburban1 and rural areas2 and 7,b7 will assist charter schools representing a variety of educational approaches4 7#e7 ,waivers ,the ,secretary may waive any statutory or regulatory requirement without requiring the adoption of any unrelated requirements over which the ,secretary exercises administrative authority except any such requirement relating to the elements of a charter school described in section #eaja7c71 if-- 7,a7 the waiver is requested in an approved application under this section2 and 7,b7 the ,secretary determines that granting such a waiver will promote the purpose of this subpart4 7d7 ,limitations 7#a7 ,grants ,a ,state entity may not receive more than #a grant under this section for a #e-year period4 7#b7 ,subgrants ,an eligible applicant may not receive more than #a subgrant under this section for an individual charter school for a #c-year period4 7e7 ,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 require4 ,the application shall include the following3 7#a7 ,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 out1 including a description-- 7,a7 of how the entity-- 7i7 will support both new charter school startup and the expansion and replication of high-quality charter school models2 7ii7 will inform eligible charter schools1 developers1 and authorized public chartering agencies of the availability of funds under the program2 7iii7 will work with eligible applicants to ensure that the applicants access all ,federal funds that they are eligible to receive1 and help the charter schools supported by the applicants and the students attending the charter schools-- 7,i7 participate in the ,federal programs in which the schools and students are eligible to participate2 and 7,,ii7 receive the commensurate share of ,federal funds the schools and students are eligible to receive under such programs2 7iv7 in the case in which the entity is not a ,state educational agency-- 7,i7 will work with the ,state educational agency and the charter schools in the ,state to maximize charter school participation in ,federal and ,state programs for charter schools2 and 7,,ii7 will work with the ,state educational agency to adequately operate the entity's program under this section1 where applicable2 7v7 will ensure eligible applicants that receive a subgrant under the entity's program are prepared to continue to operate the charter schools receiving the subgrant funds once the funds have expired2 7vi7 will support charter schools in local educational agencies with large numbers of schools implementing requirements under the ,state's school improvement system under section #aaaa7;b77#c77;,b77iii72 7vii7 will work with charter schools to promote inclusion of all students and support all students once they are enrolled to promote retention2 7viii7 will work with charter schools on recruitment practices1 including efforts to engage groups that may otherwise have limited opportunities to participate in charter schools2 7ix7 will share best and promising practices between charter schools and other public schools1 including1 where appropriate1 instruction and professional development in science1 math1 technology1 and engineering education2 7x7 will ensure the charter schools receiving funds under the entity's program can meet the educational needs of their students1 including students with disabilities and ,english learners2 and 7xi7 will support efforts to increase quality initiatives1 including meeting the quality authorizing elements described in paragraph 7#b77;,e72 7,b7 of the extent to which the entity-- 7i7 is able to meet and carry out the priorities listed in subsection 7f77#b72 and 7ii7 is working to develop or strengthen a cohesive statewide system to support the opening of new charter schools and replicable1 high-quality charter school models1 and the expansion of high-quality charter schools2 7,c7 of how the entity will carry out the subgrant competition1 including-- 7i7 a description of the application each eligible applicant desiring to receive a subgrant will submit1 including-- 7,i7 a description of the roles and responsibilities of eligible applicants1 partner organizations1 and management organizations1 including the administrative and contractual roles and responsibilities2 7,,ii7 a description of the quality controls agreed to between the eligible applicant and the authorized public chartering agency involved1 such as a contract or performance agreement1 and how a school's performance in the ,state's academic accountability system will be a primary factor for renewal or revocation of the school's charter2 and 7,,iii7 a description of how the eligible applicant will solicit and consider input from parents and other members of the community on the implementation and operation of each charter school receiving funds under the entity's program2 and 7ii7 a description of how the entity will review applications2 7,d7 in the case of an entity that partners with an outside organization to carry out the entity's quality charter school program1 in whole or in part1 of the roles and responsibilities of this partner2 7,e7 of how the entity will help the charter schools receiving funds under the entity's program consider the transportation needs of the schools' students2 and 7,f7 of how the entity will support diverse charter school models1 including models that serve rural communities4 7#b7 ,assurances ,assurances1 including a description of how the assurances will be met1 that-- 7,a7 each charter school receiving funds under the entity's program will have a high degree of autonomy over budget and operations1 including personnel2 7,b7 the entity will support charter schools in meeting the educational needs of their students as described in paragraph 7#a77;,a77x72 7,c7 the entity will ensure that the authorized public chartering agency of any charter school that receives funds under the entity's program-- 7i7 ensures that each charter school is meeting the obligations under this ,act1 part ,b of the ,individuals with ,disabilities ,education ,act1 title ,,vi of the ,civil ,rights ,act of #aifd1 section #ejd of the ,rehabilitation ,act of #aigc1 the ,age ,discrimination ,act of #aige1 and title ,,ix of the ,education ,amendments of #aigb2 7ii7 adequately monitors and helps each charter school in recruiting1 enrolling1 and meeting the needs of all students1 including students with disabilities and ,english learners2 and 7iii7 ensures that each charter school solicits and considers input from parents and other members of the community on the implementation and operation of the school2 7,d7 the entity will provide adequate technical assistance to eligible applicants to-- 7i7 meet the objectives described in clauses 7vii71 7viii71 and 7x7 of paragraph 7#a77;,a72 and 7ii7 enroll traditionally underserved students1 including students with disabilities and ,english learners1 to promote an inclusive education environment2 7,e7 the entity will promote quality authorizing1 such as through providing technical assistance1 to support all authorized public chartering agencies in the ,state to improve the monitoring of their charter schools1 including by-- 7i7 assessing annual performance data of the schools1 including1 as appropriate1 graduation rates and student growth2 and 7ii7 reviewing the schools' independent1 annual audits of financial statements conducted in accordance with generally accepted accounting principles1 and ensuring any such audits are publically reported2 7,f7 the entity will work to ensure that charter schools are included with the traditional public schools in decision-making about the public school system in the ,state2 and 7,g7 the entity will ensure that each charter school in the ,state make publicly available1 consistent with the dissemination requirements of the annual ,state report card1 the information parents need to make informed decisions about the education options available to their children1 including information on the educational program1 student support services1 and annual performance and enrollment data for the groups of students described in section #aaaa7;b77#c77;,b77ii77,,ii74 7#c7 ,requests for waivers ,a request and justification for waivers of any ,federal statutory or regulatory provisions that the entity believes are necessary for the successful operation of the charter schools that will receive funds under the entity's program under this section1 and a description of any ,state or local rules1 generally applicable to public schools1 that will be waived1 or otherwise not apply to such schools4 7f7 ,selection criteria2 priority 7#a7 ,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 7e71 after taking into consideration-- 7,a7 the degree of flexibility afforded by the ,state's public charter school law and how the entity will work to maximize the flexibility provided to charter schools under the law2 7,b7 the ambitiousness of the entity's objectives for the quality charter school program carried out under this section2 7,c7 the quality of the strategy for assessing achievement of those objectives2 7,d7 the likelihood that the eligible applicants receiving subgrants under the program will meet those objectives and improve educational results for students2 7,e7 the proposed number of new charter schools to be opened1 and the proposed number of high-quality charter schools to be replicated or expanded under the program2 7,f7 the entity's plan to-- 7i7 adequately monitor the eligible applicants receiving subgrants under the entity's program2 and 7ii7 work with the authorized public chartering agencies involved to avoid duplication of work for the charter schools and authorized public chartering agencies2 7,g7 the entity's plan to provide adequate technical assistance1 as described in the entity's application under subsection 7e71 for the eligible applicants receiving subgrants under the entity's program under this section2 7,h7 the entity's plan to support quality authorizing efforts in the ,state1 consistent with the objectives described in subparagraph 7,b72 and 7,i7 the entity's plan to solicit and consider input from parents and other members of the community on the implementation and operation of the charter schools in the ,state4 7#b7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to ,state entities to the extent that they meet the following criteria3 7,a7 ,in the case of a ,state entity located in a ,state that allows an entity other than a local educational agency to be an authorized public chartering agency1 the ,state has a quality authorized public chartering agency that is an entity other than a local educational agency4 7,b7 ,the ,state entity is located in a ,state that does not impose any limitation on the number or percentage of charter schools that may exist or the number or percentage of students that may attend charter schools in the ,state4 7,c7 ,the ,state entity is located in a ,state that ensures equitable financing1 as compared to traditional public schools1 for charter schools and students in a prompt manner4 7,d7 ,the ,state entity is located in a ,state that uses best practices from charter schools to help improve struggling schools and local educational agencies4 7,e7 ,the ,state entity partners with an organization that has a demonstrated record of success in developing management organizations to support the development of charter schools in the ,state4 7,f7 ,the ,state entity demonstrates quality policies and practices to support and monitor charter schools through factors including-- 7i7 the proportion of high-quality charter schools in the ,state2 and 7ii7 the proportion of charter schools enrolling1 at a rate similar to traditional public schools1 traditionally underserved students1 including students with disabilities and ,english learners4 7,g7 ,the ,state entity supports charter schools that support at-risk students through activities such as dropout prevention or dropout recovery4 7,h7 ,the ,state entity authorizes all charter schools in the ,state to serve as school food authorities4 7g7 ,local uses of funds ,an eligible applicant receiving a subgrant under this section shall use such funds to open new charter schools1 open replicable1 high-quality charter school models1 or expand existing high-quality charter schools4 7h7 ,reporting requirements ,each ,state entity receiving a grant under this section shall submit to the ,secretary1 at the end of the third year of the #e-year grant period and at the end of such grant period1 a report on-- 7#a7 the number of students served under each subgrant awarded under this section and1 if applicable1 how many new students were served during each year of the subgrant period2 7#b7 the number of subgrants awarded under this section to carry out each of the following-- 7,a7 the opening of new charter schools2 7,b7 the opening of replicable1 high-quality charter school models2 and 7,c7 the expansion of high-quality charter schools2 7#c7 the progress the entity made toward meeting the priorities described in subsection 7f77#b71 as applicable2 7#d7 how the entity met the objectives of the quality charter school program described in the entity's application under subsection 7e72 7#e7 how the entity complied with1 and ensured that eligible applicants complied with1 the assurances described in the entity's application2 and 7#f7 how the entity worked with authorized public chartering agencies and how such agencies worked with the management company or leadership of the schools that received subgrants under this section4 7i7 ,state entity defined ,for purposes of this section1 the term ,state entity means-- 7#a7 a ,state educational agency2 7#b7 a ,state charter school board2 7#c7 a ,governor of a ,state2 or 7#d7 a charter support organization4 #cajd4 ,facilities ,financing ,assistance 7a7 ,grants to eligible entities 7#a7 ,in general ,from the amount reserved under section #cajb7;b77#a71 the ,secretary shall award grants to eligible entities that have the highest-quality applications approved under subsection 7d71 after considering the diversity of such applications1 to demonstrate innovative methods of assisting charter schools to address the cost of acquiring1 constructing1 and renovating facilities by enhancing the availability of loans or bond financing4 7#b7 ,eligible entity defined ,for purposes of this section1 the term eligible entity means-- 7,a7 a public entity1 such as a ,state or local governmental entity2 7,b7 a private nonprofit entity2 or 7,c7 a consortium of entities described in subparagraphs 7,a7 and 7,b74 7b7 ,grantee ,selection ,the ,secretary shall evaluate each application submitted under subsection 7d71 and shall determine whether the application is sufficient to merit approval4 7c7 ,grant ,characteristics ,grants under subsection 7a7 shall be of a sufficient size1 scope1 and quality so as to ensure an effective demonstration of an innovative means of enhancing credit for the financing of charter school acquisition1 construction1 or renovation4 7d7 ,applications 7#a7 ,in general ,to receive a grant under subsection 7a71 an eligible entity shall submit to the ,secretary an application in such form as the ,secretary may reasonably require4 7#b7 ,contents ,an application submitted under paragraph 7#a7 shall contain-- 7,a7 a statement identifying the activities proposed to be undertaken with funds received under subsection 7a71 including how the eligible entity will determine which charter schools will receive assistance1 and how much and what types of assistance charter schools will receive2 7,b7 a description of the involvement of charter schools in the application's development and the design of the proposed activities2 7,c7 a description of the eligible entity's expertise in capital market financing2 7,d7 a description of how the proposed activities will leverage the maximum amount of private-sector financing capital relative to the amount of ,federal1 ,state1 or local government funding used and otherwise enhance credit available to charter schools1 including how the entity will offer a combination of rates and terms more favorable than the rates and terms that a charter school could receive without assistance from the entity under this section2 7,e7 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 sought2 and 7,f7 in the case of an application submitted by a ,state governmental entity1 a description of the actions that the entity has taken1 or will take1 to ensure that charter schools within the ,state receive the funding the charter schools need to have adequate facilities4 7e7 ,charter school objectives ,an eligible entity receiving a grant under this section shall use the funds deposited in the reserve account established under subsection 7f7 to assist one or more charter schools to access private sector capital to accomplish one or both of the following objectives3 7#a7 ,the acquisition 7by purchase1 lease1 donation1 or otherwise7 of an interest 7including an interest held by a third party for the benefit of a charter school7 in improved or unimproved real property that is necessary to commence or continue the operation of a charter school4 7#b7 ,the construction of new facilities1 including predevelopment costs1 or the renovation1 repair1 or alteration of existing facilities1 necessary to commence or continue the operation of a charter school4 7f7 ,reserve account 7#a7 ,use of funds ,to assist charter schools to accomplish the objectives described in subsection 7e71 an eligible entity receiving a grant under subsection 7a7 shall1 in accordance with ,state and local law1 directly or indirectly1 alone or in collaboration with others1 deposit the funds received under subsection 7a7 7other than funds used for administrative costs in accordance with subsection 7g77 in a reserve account established and maintained by the eligible entity for this purpose4 ,amounts deposited in such account shall be used by the eligible entity for one or more of the following purposes3 7,a7 ,guaranteeing1 insuring1 and reinsuring bonds1 notes1 evidences of debt1 loans1 and interests therein1 the proceeds of which are used for an objective described in subsection 7e74 7,b7 ,guaranteeing and insuring leases of personal and real property for an objective described in subsection 7e74 7,c7 ,facilitating financing by identifying potential lending sources1 encouraging private lending1 and other similar activities that directly promote lending to1 or for the benefit of1 charter schools4 7,d7 ,facilitating the issuance of bonds by charter schools1 or by other public entities for the benefit of charter schools1 by providing technical1 administrative1 and other appropriate assistance 7including the recruitment of bond counsel1 underwriters1 and potential investors and the consolidation of multiple charter school projects within a single bond issue74 7#b7 ,investment ,funds received under this section and deposited in the reserve account established under paragraph 7#a7 shall be invested in obligations issued or guaranteed by the ,united ,states or a ,state1 or in other similarly low-risk securities4 7#c7 ,reinvestment of ,earnings ,any earnings on funds received under subsection 7a7 shall be deposited in the reserve account established under paragraph 7#a7 and used in accordance with such paragraph4 7g7 ,limitation on administrative costs ,an eligible entity may use not more than #b4e percent of the funds received under subsection 7a7 for the administrative costs of carrying out its responsibilities under this section 7excluding subsection 7k774 7h7 ,audits and reports 7#a7 ,financial ,record ,maintenance and ,audit ,the financial records of each eligible entity receiving a grant under subsection 7a7 shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an independent public accountant4 7#b7 ,reports 7,a7 ,grantee annual reports ,each eligible entity receiving a grant under subsection 7a7 annually shall submit to the ,secretary a report of its operations and activities under this section4 7,b7 ,contents ,each annual report submitted under subparagraph 7,a7 shall include-- 7i7 a copy of the most recent financial statements1 and any accompanying opinion on such statements1 prepared by the independent public accountant reviewing the financial records of the eligible entity2 7ii7 a copy of any report made on an audit of the financial records of the eligible entity that was conducted under paragraph 7#a7 during the reporting period2 7iii7 an evaluation by the eligible entity of the effectiveness of its use of the ,federal funds provided under subsection 7a7 in leveraging private funds2 7iv7 a listing and description of the charter schools served during the reporting period1 including the amount of funds used by each school1 the type of project facilitated by the grant1 and the type of assistance provided to the charter schools2 7v7 a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in subsection 7e72 and 7vi7 a description of the characteristics of lenders and other financial institutions participating in the activities undertaken by the eligible entity under this section 7excluding subsection 7k77 during the reporting period4 7,c7 ,secretarial report ,the ,secretary shall review the reports submitted under subparagraph 7,a7 and shall provide a comprehensive annual report to ,congress on the activities conducted under this section 7excluding subsection 7k774 7i7 ,no full faith and credit for grantee obligation ,no financial obligation of an eligible entity entered into pursuant to this section 7such as an obligation under a guarantee1 bond1 note1 evidence of debt1 or loan7 shall be an obligation of1 or guaranteed in any respect by1 the ,united ,states4 ,the full faith and credit of the ,united ,states is not pledged to the payment of funds which may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this section4 7j7 ,recovery of funds 7#a7 ,in ,general ,the ,secretary1 in accordance with chapter #cg of title #ca1 ,united ,states ,code1 shall collect-- 7,a7 all of the funds in a reserve account established by an eligible entity under subsection 7f77#a7 if the ,secretary determines1 not earlier than #b years after the date on which the eligible entity first received funds under this section 7excluding subsection 7k771 that the eligible entity has failed to make substantial progress in carrying out the purposes described in subsection 7f77#a72 or 7,b7 all or a portion of the funds in a reserve account established by an eligible entity under subsection 7f77#a7 if the ,secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such account to accomplish any purpose described in subsection 7f77#a74 7#b7 ,exercise of ,authority ,the ,secretary shall not exercise the authority provided in paragraph 7#a7 to collect from any eligible entity any funds that are being properly used to achieve one or more of the purposes described in subsection 7f77#a74 7#c7 ,procedures ,the provisions of sections #dea1 #deb1 and #deh of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcd1 #abcd;a1 #abcd;g7 shall apply to the recovery of funds under paragraph 7#a74 7#d7 ,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 7#bj ,u4,s4,c4 #abcd et seq474 7k7 ,per-pupil facilities aid program 7#a7 ,definition of per-pupil facilities aid program ,in this subsection1 the term per-pupil facilities aid program means a program in which a ,state makes payments1 on a per-pupil basis1 to charter schools to provide the schools with financing-- 7,a7 that is dedicated solely for funding charter school facilities2 or 7,b7 a portion of which is dedicated for funding charter school facilities4 7#b7 ,grants 7,a7 ,in general ,from the amount reserved under section #cajb7;b77#a7 and remaining after the ,secretary makes grants under subsection 7a71 the ,secretary shall make grants1 on a competitive basis1 to ,states to pay for the ,federal share of the cost of establishing or enhancing1 and administering per-pupil facilities aid programs4 7,b7 ,period ,the ,secretary shall award grants under this subsection for periods of not more than #e years4 7,c7 ,federal share ,the ,federal share of the cost described in subparagraph 7,a7 for a per-pupil facilities aid program shall be not more than-- 7i7 #ij percent of the cost1 for the first fiscal year for which the program receives assistance under this subsection2 7ii7 #hj percent in the second such year2 7iii7 #fj percent in the third such year2 7iv7 #dj percent in the fourth such year2 and 7v7 #bj percent in the fifth such year4 7,d7 ,state share ,a ,state receiving a grant under this subsection may partner with #a or more organizations to provide up to #ej percent of the ,state share of the cost of establishing or enhancing1 and administering the per-pupil facilities aid program4 7,e7 ,multiple grants ,a ,state may receive more than #a grant under this subsection1 so long as the amount of such funds provided to charter schools increases with each successive grant4 7#c7 ,use of funds 7,a7 ,in general ,a ,state that receives a grant under this subsection shall use the funds made available through the grant to establish or enhance1 and administer1 a per-pupil facilities aid program for charter schools in the ,state of the applicant4 7,b7 ,evaluations2 technical assistance2 dissemination ,from the amount made available to a ,state through a grant under this subsection for a fiscal year1 the ,state may reserve not more than #e percent to carry out evaluations1 to provide technical assistance1 and to disseminate information4 7,c7 ,supplement1 not supplant ,funds made available under this subsection shall be used to supplement1 and not supplant1 ,state1 and local public funds expended to provide per pupil facilities aid programs1 operations financing programs1 or other programs1 for charter schools4 7#d7 ,requirements 7,a7 ,voluntary participation ,no ,state may be required to participate in a program carried out under this subsection4 7,b7 ,state law 7i7 ,in general ,except as provided in clause 7ii71 to be eligible to receive a grant under this subsection1 a ,state shall establish or enhance1 and administer1 a per-pupil facilities aid program for charter schools in the ,state1 that-- 7,i7 is specified in ,state law2 and 7,,ii7 provides annual financing1 on a per-pupil basis1 for charter school facilities4 7ii7 ,special ,rule ,notwithstanding clause 7i71 a ,state that is required under ,state law to provide its charter schools with access to adequate facility space1 but which does not have a per-pupil facilities aid program for charter schools specified in ,state law1 may be 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 subsection4 7#e7 ,applications ,to be eligible to receive a grant under this subsection1 a ,state shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 #caje4 ,national ,activities 7a7 ,in general ,from the amount reserved under section #cajb7;b77#b71 the ,secretary shall-- 7#a7 use not less than #ej percent of such funds to award grants in accordance with subsection 7b72 and 7#b7 use the remainder of such funds to-- 7,a7 disseminate technical assistance to ,state entities in awarding subgrants under section #cajc1 and eligible entities and ,states receiving grants under section #cajd2 7,b7 disseminate best practices2 and 7,c7 evaluate the impact of the charter school program1 including the impact on student achievement1 carried out under this subpart4 7b7 ,grants 7#a7 ,in general ,the ,secretary shall make grants1 on a competitive basis1 to eligible applicants for the purpose of carrying out the activities described in section #cajb7;a77#a71 subparagraphs 7,a7 through 7,c7 of section #cajc7;a77#a71 and section #cajc7;g74 7#b7 ,terms and conditions ,except as otherwise provided in this subsection1 grants awarded under this subsection shall have the same terms and conditions as grants awarded to ,state entities under section #cajc4 7#c7 ,eligible applicant defined ,for purposes of this subsection1 the term eligible applicant means an eligible applicant that desires to open a charter school in-- 7,a7 a ,state that did not apply for a grant under section #cajc2 7,b7 a ,state that did not receive a grant under section #cajc2 or 7,c7 a ,state that received a grant under section #cajc and is in the #dth or #eth year of the grant period for such grant4 7c7 ,contracts and grants ,the ,secretary may carry out any of the activities described in this section directly or through grants1 contracts1 or cooperative agreements4 #cajf4 ,federal formula allocation during first year and for successive enrollment expansions 7a7 ,in ,general ,for purposes of the allocation to schools by the ,states or their agencies of funds under part ,a of title ,i1 and any other ,federal funds which the ,secretary allocates to ,states on a formula basis1 the ,secretary and each ,state educational agency shall take such measures as are necessary to ensure that every charter school receives the ,federal funding for which the charter school is eligible not later than #e months after the charter school first opens1 notwithstanding the fact that the identity and characteristics of the students enrolling in that charter school are not fully and completely determined until that charter school actually opens4 ,the measures similarly shall ensure that every charter school expanding its enrollment in any subsequent year of operation receives the ,federal funding for which the charter school is eligible not later than #e months after such expansion4 7b7 ,adjustment and ,late ,openings 7#a7 ,in general ,the measures described in subsection 7a7 shall include provision for appropriate adjustments1 through recovery of funds or reduction of payments for the succeeding year1 in cases where payments made to a charter school on the basis of estimated or projected enrollment data exceed the amounts that the school is eligible to receive on the basis of actual or final enrollment data4 7#b7 ,rule ,for charter schools that first open after ,november #a of any academic year1 the ,state1 in accordance with guidance provided by the ,secretary and applicable ,federal statutes and regulations1 shall ensure that such charter schools that are eligible for the funds described in subsection 7a7 for such academic year have a full and fair opportunity to receive those funds during the charter schools' first year of operation4 #cajg4 ,solicitation of input from charter school operators ,to the extent practicable1 the ,secretary shall ensure that administrators1 teachers1 and other individuals directly involved in the operation of charter schools are consulted in the development of any rules1 regulations1 or nonregulatory guidance required to implement this subpart1 as well as in the development of any rules1 regulations1 or nonregulatory guidance relevant to charter schools that are required to implement part ,a of title ,i1 the ,individuals with ,disabilities ,education ,act1 or any other program administered by the ,secretary that provides education funds to charter schools or regulates the activities of charter schools4 #cajh4 ,records transfer ,state educational agencies and local educational agencies1 as quickly as possible and to the extent practicable1 shall ensure that a student's records and1 if applicable1 a student's individualized education program as defined in section #fjb7ad7 of the ,individuals with ,disabilities ,education ,act1 are transferred to a charter school upon the transfer of the student to the charter school1 and to another public school upon the transfer of the student from a charter school to another public school1 in accordance with applicable ,state law4 #caji4 ,paperwork reduction ,to the extent practicable1 the ,secretary and each authorized public chartering agency shall ensure that implementation of this subpart results in a minimum of paperwork for any eligible applicant or charter school4 #caaj4 ,definitions ,in this subpart3 7#a7 ,authorized public chartering agency ,the term authorized public chartering agency means a ,state educational agency1 local educational agency1 or other public entity that has the authority pursuant to ,state law and approved by the ,secretary to authorize or approve a charter school4 7#b7 ,charter support organization ,the term charter support organization means a nonprofit1 nongovernmental entity that provides1 on a statewide or regional basis-- 7,a7 assistance to developers during the planning1 program design1 and initial implementation of a charter school2 and 7,b7 technical assistance to operate charter schools4 7#c7 ,developer ,the term developer means an individual or group of individuals 7including a public or private nonprofit organization71 which may include teachers1 administrators and other school staff1 parents1 or other members of the local community in which a charter school project will be carried out4 7#d7 ,eligible applicant ,the term eligible applicant means a developer that has-- 7,a7 applied to an authorized public chartering authority to operate a charter school2 and 7,b7 provided adequate and timely notice to that authority4 7#e7 ,expansion of a high-quality charter school ,the term expansion of a high-quality charter school means to significantly increase the enrollment of1 or add one or more grades to1 a high-quality charter school4 7#f7 ,high-quality charter school ,the term high-quality charter school means a charter school that-- 7,a7 shows evidence of strong academic results1 which may include strong academic growth as determined by a ,state2 7,b7 has no significant issues in the areas of student safety1 financial management1 or statutory or regulatory compliance2 7,c7 has demonstrated success in significantly increasing student academic achievement and attainment for all students served by the charter school2 and 7,d7 has demonstrated success in increasing student academic achievement for the groups of students described in section #aaaa7;b77#c77;,b77ii77,,ii71 except that such demonstration is not required in a case in which the number of students in a group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student4 7#g7 ,replicable1 high-quality charter school model ,the term replicable1 high-quality charter school model means a high-quality charter school that has the capability of opening another such charter school under an existing charter4 #b ,magnet ,school ,assistance #caba4 ,purpose ,the purpose of this subpart is to assist in the desegregation of schools served by local educational agencies by providing financial assistance to eligible local educational agencies for-- 7#a7 the elimination1 reduction1 or prevention of minority group isolation in elementary schools and secondary schools with substantial proportions of minority students1 which shall include assisting in the efforts of the ,united ,states to achieve voluntary desegregation in public schools2 7#b7 the development and implementation of magnet school programs that will assist local educational agencies in achieving systemic reforms and providing all students the opportunity to meet ,state academic standards2 7#c7 the development and design of innovative educational methods and practices that promote diversity and increase choices in public elementary schools and public secondary schools and public educational programs2 7#d7 courses of instruction within magnet schools that will substantially strengthen the knowledge of academic subjects and the attainment of tangible and marketable career1 technical1 and professional skills of students attending such schools2 7#e7 improving the ability of local educational agencies1 including through professional development1 to continue operating magnet schools at a high performance level after ,federal funding for the magnet schools is terminated2 and 7#f7 ensuring that students enrolled in the magnet school programs have equitable access to a quality education that will enable the students to succeed academically and continue with postsecondary education or employment4 #cabb4 ,definition ,for the purpose of this subpart1 the term magnet school means a public elementary school1 public secondary school1 public elementary education center1 or public secondary education center that offers a special curriculum capable of attracting substantial numbers of students of different racial backgrounds4 #cabc4 ,program authorized ,from the amount appropriated under section #c7;c77#a77;,b71 the ,secretary1 in accordance with this subpart1 is authorized to award grants to eligible local educational agencies1 and consortia of such agencies where appropriate1 to carry out the purpose of this subpart for magnet schools that are-- 7#a7 part of an approved desegregation plan2 and 7#b7 designed to bring students from different social1 economic1 ethnic1 and racial backgrounds together4 #cabd4 ,eligibility ,a local educational agency1 or consortium of such agencies where appropriate1 is eligible to receive a grant under this subpart to carry out the purpose of this subpart if such agency or consortium-- 7#a7 is implementing a plan undertaken pursuant to a final order issued by a court of the ,united ,states1 or a court of any ,state1 or any other ,state agency or official of competent jurisdiction1 that requires the desegregation of minority-group-segregated children or faculty in the elementary schools and secondary schools of such agency2 or 7#b7 without having been required to do so1 has adopted and is implementing1 or will1 if a grant is awarded to such local educational agency1 or consortium of such agencies1 under this subpart1 adopt and implement a plan that has been approved by the ,secretary as adequate under title ,,vi of the ,civil ,rights ,act of #aifd for the desegregation of minority-group-segregated children or faculty in such schools4 #cabe4 ,applications and requirements 7a7 ,applications ,an eligible local educational agency1 or consortium of such agencies1 desiring to receive a grant under this subpart shall submit an application to the ,secretary at such time and in such manner as the ,secretary may reasonably require4 7b7 ,information and assurances ,each application submitted under subsection 7a7 shall include-- 7#a7 a description of-- 7,a7 how a grant awarded under this subpart will be used to promote desegregation1 including how the proposed magnet school programs will increase interaction among students of different social1 economic1 ethnic1 and racial backgrounds2 7,b7 the manner and extent to which the magnet school program will increase student academic achievement in the instructional area or areas offered by the school2 7,c7 how the applicant will continue the magnet school program after assistance under this subpart is no longer available1 and1 if applicable1 an explanation of why magnet schools established or supported by the applicant with grant funds under this subpart cannot be continued without the use of grant funds under this subpart2 7,d7 how grant funds under this subpart will be used-- 7i7 to improve student academic achievement for all students attending the magnet school programs2 and 7ii7 to implement services and activities that are consistent with other programs under this ,act1 and other ,acts1 as appropriate2 and 7,e7 the criteria to be used in selecting students to attend the proposed magnet school program2 and 7#b7 assurances that the applicant will-- 7,a7 use grant funds under this subpart for the purposes specified in section #caba2 7,b7 employ effective teachers in the courses of instruction assisted under this subpart2 7,c7 not engage in discrimination based on race1 religion1 color1 national origin1 sex1 or disability in-- 7i7 the hiring1 promotion1 or assignment of employees of the applicant or other personnel for whom the applicant has any administrative responsibility2 7ii7 the assignment of students to schools1 or to courses of instruction within the schools1 of such applicant1 except to carry out the approved plan2 and 7iii7 designing or operating extracurricular activities for students2 7,d7 carry out a quality education program that will encourage greater parental decisionmaking and involvement2 and 7,e7 give students residing in the local attendance area of the proposed magnet school program equitable consideration for placement in the program1 consistent with desegregation guidelines and the capacity of the applicant to accommodate the students4 7c7 ,special rule ,no grant shall be awarded under this subpart unless the ,assistant ,secretary of ,education for ,civil ,rights determines that the assurances described in subsection 7b77#b77;,c7 will be met4 #cabf4 ,priority ,in awarding grants under this subpart1 the ,secretary shall give priority to applicants that-- 7#a7 demonstrate the greatest need for assistance1 based on the expense or difficulty of effectively carrying out approved desegregation plans and the magnet school program for which the grant is sought2 7#b7 propose to carry out new magnet school programs1 or significantly revise existing magnet school programs2 7#c7 propose to select students to attend magnet school programs by methods such as lottery1 rather than through academic examination2 and 7#d7 propose to serve the entire student population of a school4 #cabg4 ,use of funds 7a7 ,in general ,grant funds made available under this subpart may be used by an eligible local educational agency1 or consortium of such agencies-- 7#a7 for planning and promotional activities directly related to the development1 expansion1 continuation1 or enhancement of academic programs and services offered at magnet schools2 7#b7 for the acquisition of books1 materials1 and equipment1 including computers and the maintenance and operation of materials1 equipment1 and computers1 necessary to conduct programs in magnet schools2 7#c7 for the compensation1 or subsidization of the compensation1 of elementary school and secondary school teachers1 and instructional staff where applicable1 who are necessary to conduct programs in magnet schools2 7#d7 with respect to a magnet school program offered to less than the entire student population of a school1 for instructional activities that-- 7,a7 are designed to make available the special curriculum that is offered by the magnet school program to students who are enrolled in the school but who are not enrolled in the magnet school program2 and 7,b7 further the purpose of this subpart2 7#e7 for activities1 which may include professional development1 that will build the recipient's capacity to operate magnet school programs once the grant period has ended2 7#f7 to enable the local educational agency1 or consortium of such agencies1 to have more flexibility in the administration of a magnet school program in order to serve students attending a school who are not enrolled in a magnet school program2 and 7#g7 to enable the local educational agency1 or consortium of such agencies1 to have flexibility in designing magnet schools for students in all grades4 7b7 ,special rule ,grant funds under this subpart may be used for activities described in paragraphs 7#b7 and 7#c7 of subsection 7a7 only if the activities are directly related to improving student academic achievement based on the ,state's academic standards or directly related to improving student reading skills or knowledge of mathematics1 science1 history1 geography1 ,english1 foreign languages1 art1 or music1 or to improving career1 technical1 and professional skills4 #cabh4 ,limitations 7a7 ,duration of awards ,a grant under this subpart shall be awarded for a period that shall not exceed #c fiscal years4 7b7 ,limitation on planning funds ,a local educational agency1 or consortium of such agencies1 may expend for planning 7professional development shall not be considered to be planning for purposes of this subsection7 not more than #ej percent of the grant funds received under this subpart for the first year of the program and not more than #ae percent of such funds for each of the second and third such years4 7c7 ,amount ,no local educational agency1 or consortium of such agencies1 awarded a grant under this subpart shall receive more than #d1jjj1jjj under this subpart for any #a fiscal year4 7d7 ,timing ,to the extent practicable1 the ,secretary shall award grants for any fiscal year under this subpart not later than ,july #a of the applicable fiscal year4 #cabi4 ,evaluations 7a7 ,reservation ,the ,secretary may reserve not more than #b percent of the funds appropriated under section #c7;c77#a77;,b7 for any fiscal year to carry out evaluations1 provide technical assistance1 and carry out dissemination projects with respect to magnet school programs assisted under this subpart4 7b7 ,contents ,each evaluation described in subsection 7a71 at a minimum1 shall address-- 7#a7 how and the extent to which magnet school programs lead to educational quality and academic improvement2 7#b7 the extent to which magnet school programs enhance student access to a quality education2 7#c7 the extent to which magnet school programs lead to the elimination1 reduction1 or prevention of minority group isolation in elementary schools and secondary schools with substantial proportions of minority students2 and 7#d7 the extent to which magnet school programs differ from other school programs in terms of the organizational characteristics and resource allocations of such magnet school programs4 7c7 ,dissemination ,the ,secretary shall collect and disseminate to the general public information on successful magnet school programs4 #cacj4 ,reservation ,in any fiscal year for which the amount appropriated under section #c7;c77#a77;,b7 exceeds #ge1jjj1jjj1 the ,secretary shall give priority in using such amounts in excess of #ge1jjj1jjj to awarding grants to local educational agencies or consortia of such agencies that did not receive a grant under this subpart in the preceding fiscal year4 #c ,family ,engagement in ,education ,programs #cada4 ,purposes ,the purposes of this subpart are the following3 7#a7 ,to provide financial support to organizations to provide technical assistance and training to ,state and local educational agencies in the implementation and enhancement of systemic and effective family engagement policies1 programs1 and activities that lead to improvements in student development and academic achievement4 7#b7 ,to assist ,state educational agencies1 local educational agencies1 community-based organizations1 schools1 and educators in strengthening partnerships among parents1 teachers1 school leaders1 administrators1 and other school personnel in meeting the educational needs of children and fostering greater parental engagement4 7#c7 ,to support ,state educational agencies1 local educational agencies1 schools1 educators1 and parents in developing and strengthening the relationship between parents and their children's school in order to further the developmental progress of children4 7#d7 ,to coordinate activities funded under this subpart with parent involvement initiatives funded under section #aaah and other provisions of this ,act4 7#e7 ,to assist the ,secretary1 ,state educational agencies1 and local educational agencies in the coordination and integration of ,federal1 ,state1 and local services and programs to engage families in education4 #cadb4 ,grants authorized 7a7 ,statewide family engagement centers ,from the amount appropriated under section #c7;c77#a77;,c71 the ,secretary is authorized to award grants for each fiscal year to statewide organizations 7or consortia of such organizations71 to establish ,statewide ,family ,engagement ,centers that provide comprehensive training and technical assistance to ,state educational agencies1 local educational agencies1 schools identified by ,state educational agencies and local educational agencies1 organizations that support family-school partnerships1 and other organizations that carry out1 or carry out directly1 parent education and family engagement in education programs4 7b7 ,minimum award ,in awarding grants under this section1 the ,secretary shall1 to the extent practicable1 ensure that a grant is awarded for a ,statewide ,family ,engagement ,center in an amount not less than #ejj1jjj4 #cadc4 ,applications 7a7 ,submissions ,each statewide organization1 or a consortium of such organizations1 that desires a grant under this subpart shall submit an application to the ,secretary at such time1 in such manner1 and including the information described in subsection 7b74 7b7 ,contents ,each application submitted under subsection 7a7 shall include1 at a minimum1 the following3 7#a7 ,a description of the applicant's approach to family engagement in education4 7#b7 ,a description of the support that the ,statewide ,family ,engagement ,center that will be operated by the applicant will have from the ,state educational agency and any partner organization outlining the commitment to work with the center4 7#c7 ,a description of the applicant's plan for building a statewide infrastructure for family engagement in education1 that includes-- 7,a7 management and governance2 7,b7 statewide leadership2 or 7,c7 systemic services for family engagement in education4 7#d7 ,a description of the applicant's demonstrated experience in providing training1 information1 and support to ,state educational agencies1 local educational agencies1 schools1 educators1 parents1 and organizations on family engagement in education policies and practices that are effective for parents 7including low-income parents7 and families1 ,english learners1 minorities1 parents of students with disabilities1 parents of homeless students1 foster parents and students1 and parents of migratory students1 including evaluation results1 reporting1 or other data exhibiting such demonstrated experience4 7#e7 ,an assurance that the applicant will-- 7,a7 establish a special advisory committee1 the membership of which includes-- 7i7 parents1 who shall constitute a majority of the members of the special advisory committee2 7ii7 representatives of education professionals with expertise in improving services for disadvantaged children2 7iii7 representatives of local elementary schools and secondary schools1 including students2 7iv7 representatives of the business community2 and 7v7 representatives of ,state educational agencies and local educational agencies2 7,b7 use not less than #fe percent of the funds received under this subpart in each fiscal year to serve local educational agencies1 schools1 and community-based organizations that serve high concentrations of disadvantaged students1 including ,english learners1 minorities1 parents of students with disabilities1 parents of homeless students1 foster parents and students1 and parents of migratory students2 7,c7 operate a ,statewide ,family ,engagement ,center of sufficient size1 scope1 and quality to ensure that the ,center is adequate to serve the ,state educational agency1 local educational agencies1 and community-based organizations2 7,d7 ensure that the ,center will retain staff with the requisite training and experience to serve parents in the ,state2 7,e7 serve urban1 suburban1 and rural local educational agencies and schools2 7,f7 work with-- 7i7 other ,statewide ,family ,engagement ,centers assisted under this subpart2 and 7ii7 parent training and information centers and community parent resource centers assisted under sections #fga and #fgb of the ,individuals with ,disabilities ,education ,act2 7,g7 use not less than #cj percent of the funds received under this subpart for each fiscal year to establish or expand technical assistance for evidence-based parent education programs2 7,h7 provide assistance to ,state educational agencies and local educational agencies and community-based organizations that support family members in supporting student academic achievement2 7,i7 work with ,state educational agencies1 local educational agencies1 schools1 educators1 and parents to determine parental needs and the best means for delivery of services to address such needs2 and 7,j7 conduct sufficient outreach to assist parents1 including parents who the applicant may have a difficult time engaging with a school or local educational agency4 #cadd4 ,uses of funds 7a7 ,in general ,grantees shall use grant funds received under this subpart1 based on the needs determined under section #cadc7;b77#e77;,i71 to provide training and technical assistance to ,state educational agencies1 local educational agencies1 and organizations that support family-school partnerships1 and activities1 services1 and training for local educational agencies1 school leaders1 educators1 and parents-- 7#a7 to assist parents in participating effectively in their children's education and to help their children meet ,state standards1 such as assisting parents-- 7,a7 to engage in activities that will improve student academic achievement1 including understanding how they can support learning in the classroom with activities at home and in afterschool and extracurricular programs2 7,b7 to communicate effectively with their children1 teachers1 school leaders1 counselors1 administrators1 and other school personnel2 7,c7 to become active participants in the development1 implementation1 and review of school-parent compacts1 family engagement in education policies1 and school planning and improvement2 7,d7 to participate in the design and provision of assistance to students who are not making academic progress2 7,e7 to participate in ,state and local decisionmaking2 7,f7 to train other parents2 and 7,g7 to help the parents learn and use technology applied in their children's education2 7#b7 to develop and implement1 in partnership with the ,state educational agency1 statewide family engagement in education policy and systemic initiatives that will provide for a continuum of services to remove barriers for family engagement in education and support school reform efforts2 and 7#c7 to develop and implement parental involvement policies under this ,act4 7b7 ,matching funds for grant renewal ,for each fiscal year after the first fiscal year for which an organization or consortium receives assistance under this section1 the organization or consortium shall demonstrate in the application that a portion of the services provided by the organization or consortium is supported through non-,federal contributions1 which may be in cash or in-kind4 7c7 ,technical assistance ,the ,secretary shall reserve not more than #b percent of the funds appropriated under section #c7;c77#a77;,c7 to carry out this subpart to provide technical assistance1 by competitive grant or contract1 for the establishment1 development1 and coordination of ,statewide ,family ,engagement ,centers4 7d7 ,rule of construction ,nothing in this section shall be construed to prohibit a ,statewide ,family ,engagement ,center from-- 7#a7 having its employees or agents meet with a parent at a site that is not on school grounds2 or 7#b7 working with another agency that serves children4 7e7 ,parental rights ,notwithstanding any other provision of this section-- 7#a7 no person 7including a parent who educates a child at home1 a public school parent1 or a private school parent7 shall be required to participate in any program of parent education or developmental screening under this section2 and 7#b7 no program or center assisted under this section shall take any action that infringes in any manner on the right of a parent to direct the education of their children4 #cade4 ,family engagement in ,indian schools ,the ,secretary of the ,interior1 in consultation with the ,secretary of ,education1 shall establish1 or enter into contracts and cooperative agreements with local ,indian nonprofit parent organizations to establish and operate ,family ,engagement ,centers4 ,b ,local ,academic ,flexible ,grant #cbja4 ,purpose ,the purpose of this part is to-- 7#a7 provide local educational agencies with the opportunity to access funds to support the initiatives important to their schools and students to improve academic achievement1 including protecting student safety2 and 7#b7 provide nonprofit and for-profit entities the opportunity to work with students to improve academic achievement1 including student safety4 #cbjb4 ,allotments to ,states 7a7 ,reservations ,from the funds appropriated under section #c7;c77#b7 for any fiscal year1 the ,secretary shall reserve-- 7#a7 not more than one-half of #a percent for national activities to provide technical assistance to eligible entities in carrying out programs under this part2 and 7#b7 not more than one-half of #a percent for payments to the outlying areas and the ,bureau of ,indian ,education1 to be allotted in accordance with their respective needs for assistance under this part1 as determined by the ,secretary1 to enable the outlying areas and the ,bureau to carry out the purpose of this part4 7b7 ,state allotments 7#a7 ,determination ,from the funds appropriated under section #c7;c77#b7 for any fiscal year and remaining after the ,secretary makes reservations under subsection 7a71 the ,secretary shall allot to each ,state for the fiscal year an amount that bears the same relationship to the remainder as the amount the ,state received under chapter ,b of subpart #a of part ,a of title ,i for the preceding fiscal year bears to the amount all ,states received under that chapter for the preceding fiscal year1 except that no ,state shall receive less than an amount equal to one-half of #a percent of the total amount made available to all ,states under this subsection4 7#b7 ,reallotment of unused funds ,if a ,state does not receive an allotment under this part for a fiscal year1 the ,secretary shall reallot the amount of the ,state's allotment to the remaining ,states in accordance with this section4 7c7 ,state use of funds 7#a7 ,in general ,each ,state that receives an allotment under this part shall reserve not less than #ge percent of the amount allotted to the ,state under subsection 7b7 for each fiscal year for awards to eligible entities under section #cbjd4 7#b7 ,awards to nongovernmental entities to improve student academic achievement ,each ,state that receives an allotment under subsection 7b7 for each fiscal year shall reserve not less than #aj percent of the amount allotted to the ,state for awards to nongovernmental entities under section #cbje4 7#c7 ,state activities and ,state administration ,a ,state educational agency may reserve not more than #ae percent of the amount allotted to the ,state under subsection 7b7 for each fiscal year for the following3 7,a7 ,enabling the ,state educational agency-- 7i7 to pay the costs of developing the ,state assessments and standards required under section #aaaa7;b71 which may include the costs of working1 at the sole discretion of the ,state1 in voluntary partnerships with other ,states to develop such assessments and standards2 or 7ii7 if the ,state has developed the assessments and standards required under section #aaaa7;b71 to administer those assessments or carry out other activities related to ensuring that the ,state's schools and local educational agencies are helping students meet the ,state's academic standards under such section4 7,b7 ,the administrative costs of carrying out its responsibilities under this part1 except that not more than #e percent of the reserved amount may be used for this purpose4 7,c7 ,monitoring and evaluation of programs and activities assisted under this part4 7,d7 ,providing training and technical assistance under this part4 7,e7 ,statewide academic focused programs4 7,f7 ,sharing evidence-based and other effective strategies with eligible entities4 #cbjc4 ,state application 7a7 ,in general ,in order to receive an allotment under section #cbjb for any fiscal year1 a ,state shall submit to the ,secretary1 at such time as the ,secretary may require1 an application that-- 7#a7 designates the ,state educational agency as the agency responsible for the administration and supervision of programs assisted under this part2 7#b7 describes how the ,state educational agency will use funds reserved for ,state-level activities1 including how1 if any1 of the funds will be used to support student safety2 7#c7 describes the procedures and criteria the ,state educational agency will use for reviewing applications and awarding funds to eligible entities on a competitive basis1 which shall include reviewing how the proposed project will help increase student academic achievement2 7#d7 describes how the ,state educational agency will ensure that awards made under this part are-- 7,a7 of sufficient size and scope to support high-quality1 effective programs that are consistent with the purpose of this part2 and 7,b7 in amounts that are consistent with section #cbjd7;f72 7#e7 describes the steps the ,state educational agency will take to ensure that programs implement effective strategies1 including providing ongoing technical assistance and training1 and dissemination of evidence-based and other effective strategies2 7#f7 describes how the ,state educational agency will consider students across all grades when making these awards2 7#g7 an assurance that1 other than providing technical and advisory assistance and monitoring compliance with this part1 the ,state educational agency has not exercised and will not exercise any influence in the decision-making process of eligible entities as to the expenditure of funds received by the eligible entities under this part2 7#h7 describes how programs under this part will be coordinated with programs under this ,act1 and other programs as appropriate2 7#i7 contains an assurance that the ,state educational agency-- 7,a7 will make awards for programs for a period of not more than #e years2 and 7,b7 will require each eligible entity seeking such an award to submit a plan describing how the project to be funded through the award will continue after funding under this part ends1 if applicable2 and 7#aj7 contains an assurance that funds appropriated to carry out this part will be used to supplement1 and not supplant1 ,state and local public funds expended to provide programs and activities authorized under this part and other similar programs4 7b7 ,deemed approval ,an application submitted by a ,state educational agency pursuant to subsection 7a7 shall be deemed to be approved by the ,secretary unless the ,secretary makes a written determination1 prior to the expiration of the #abj-;day period beginning on the date on which the ,secretary received the application1 that the application is not in compliance with this part4 7c7 ,disapproval ,the ,secretary shall not finally disapprove the application1 except after giving the ,state educational agency notice and an opportunity for a hearing4 7d7 ,notification ,if the ,secretary finds that the application is not in compliance1 in whole or in part1 with this part1 the ,secretary shall-- 7#a7 give the ,state educational agency notice and an opportunity for a hearing2 and 7#b7 notify the ,state educational agency of the finding of noncompliance1 and1 in such notification1 shall-- 7,a7 cite the specific provisions in the application that are not in compliance2 and 7,b7 request additional information1 only as to the noncompliant provisions1 needed to make the application compliant4 7e7 ,response ,if the ,state educational agency responds to the ,secretary's notification described in subsection 7d77#b7 during the #de-;day period beginning on the date on which the agency received the notification1 and resubmits the application with the requested information described in subsection 7d77#b77;,b71 the ,secretary shall approve or disapprove such application prior to the later of-- 7#a7 the expiration of the #de-;day period beginning on the date on which the application is resubmitted2 or 7#b7 the expiration of the #abj-;day period described in subsection 7b74 7f7 ,failure to respond ,if the ,state educational agency does not respond to the ,secretary's notification described in subsection 7d77#b7 during the #de-;day period beginning on the date on which the agency received the notification1 such application shall be deemed to be disapproved4 7g7 ,rule of ,construction ,an application submitted by a ,state educational agency pursuant to subsection 7a7 shall not be approved or disapproved based upon the activities for which the agency may make funds available to eligible entities under section #cbjd if the agency's use of funds is consistent with section #cbjd7;b74 #cbjd4 ,local competitive grant program 7a7 ,in general ,a ,state that receives funds under this part for a fiscal year shall provide the amount made available under section #cbjb7;c77#a7 to eligible entities in accordance with this section4 7b7 ,use of funds 7#a7 ,in general ,an eligible entity that receives an award under this part shall use the funds for activities that-- 7,a7 are evidence-based2 7,b7 will improve student academic achievement2 7,c7 are allowable under ,state law2 and 7,d7 focus on one or more projects from the following two categories3 7i7 ,supplemental student support activities such as before1 after1 or summer school activities1 tutoring1 and expanded learning time1 but not including athletics or in-school learning activities4 7ii7 ,activities designed to support students1 such as academic subject specific programs1 adjunct teacher programs1 extended learning time programs1 dual enrollment programs1 and parent engagement1 but not including activities to-- 7,i7 support smaller class sizes or construction2 or 7,,ii7 provide compensation or benefits to teachers1 school leaders1 other school officials1 or local educational agency staff4 7#b7 ,participation of children enrolled in private schools ,an eligible entity that receives an award under this part shall ensure compliance with section #eeja 7relating to participation of children enrolled in private schools74 7c7 ,application 7#a7 ,in general ,to be eligible to receive an award under this part1 an eligible entity shall submit an application to the ,state educational agency at such time1 in such manner1 and including such information as the ,state educational agency may reasonably require1 including the contents required by paragraph 7#b74 7#b7 ,contents ,each application submitted under paragraph 7#a7 shall include-- 7,a7 a description of the activities to be funded and how they are consistent with subsection 7b71 including any activities that will increase student safety2 7,b7 an assurance that funds under this part will be used to increase the level of ,state1 local1 and other non-,federal funds that would1 in the absence of funds under this part1 be made available for programs and activities authorized under this part1 and in no case supplant ,state1 local1 or non-,federal funds2 7,c7 an assurance that the community will be given notice of an intent to submit an application with an opportunity for comment1 and that the application will be available for public review after submission of the application2 and 7,d7 an assurance that students who benefit from any activity funded under this part shall continue to maintain enrollment in a public elementary or secondary school4 7d7 ,review ,in reviewing local applications under this section1 a ,state educational agency shall use a peer review process or other methods of assuring the quality of such applications but the review shall be limited to the likelihood that the project will increase student academic achievement4 7e7 ,geographic diversity ,a ,state educational agency shall distribute funds under this part equitably among geographic areas within the ,state1 including rural1 suburban1 and urban communities4 7f7 ,award ,a grant shall be awarded to all eligible entities that submit an application that meets the requirements of this section in an amount that is not less than #aj1jjj1 but there shall be only one award granted to any one local educational agency1 but such award may be for multiple projects or programs with the local educational agency4 7g7 ,duration of awards ,grants under this part may be awarded for a period of not more than #e years4 7h7 ,eligible entity defined ,in this section1 the term eligible entity means-- 7#a7 a local educational agency in partnership with a community-based organization1 business entity1 or nongovernmental entity2 7#b7 a consortium of local educational agencies working in partnership with a community-based organization1 business entity1 or nongovernmental entity2 7#c7 a community-based organization in partnership with a local educational agency and1 if applicable1 a business entity or nongovernmental entity2 or 7#d7 a business entity in partnership with a local educational agency and1 if applicable1 a community-based organization or nongovernmental entity4 #cbje4 ,awards to nongovernmental entities to improve academic achievement 7a7 ,in general ,from the amount reserved under section #cbjb7;c77#b71 a ,state educational agency shall award grants to nongovernmental entities1 including public or private organizations1 community-based or faith-based organizations1 and business entities for a program or project to increase the academic achievement of public school students attending public elementary or secondary schools 7or both7 in compliance with the requirements in this section4 ,subject to the availability of funds1 the ,state educational agency shall award a grant to each eligible applicant that meets the requirements in a sufficient size and scope to support the program4 7b7 ,application ,the ,state educational agency shall require an application that includes the following information3 7#a7 ,a description of the program or project the applicant will use the funds to support4 7#b7 ,a description of how the applicant is using or will use other ,state1 local1 or private funding to support the program or project4 7#c7 ,a description of how the program or project will help increase student academic achievement1 including the evidence to support this claim4 7#d7 ,a description of the student population the program or project is targeting to impact1 and if the program will prioritize students in high-need local educational agencies4 7#e7 ,a description of how the applicant will conduct sufficient outreach to ensure students can participate in the program or project4 7#f7 ,a description of any partnerships the applicant has entered into with local educational agencies or other entities the applicant will work with1 if applicable4 7#g7 ,a description of how the applicant will work to share evidence-based and other effective strategies from the program or project with local educational agencies and other entities working with students to increase academic achievement4 7#h7 ,an assurance that students who benefit from any program or project funded under this section shall continue to maintain enrollment in a public elementary or secondary school4 7c7 ,matching contribution ,an eligible applicant receiving a grant under this section shall provide1 either directly or through private contributions1 non-,federal matching funds equal to not less than #ej percent of the amount of the grant4 7d7 ,review ,the ,state educational agency shall review the application to ensure that-- 7#a7 the applicant is an eligible applicant2 7#b7 the application clearly describes the required elements in subsection 7b72 7#c7 the entity meets the matching requirement described in subsection 7c72 and 7#d7 the program is allowable and complies with ,federal1 ,state1 and local laws4 7e7 ,distribution of funds ,if the application requests exceed the funds available1 the ,state educational agency shall prioritize projects that support students in high-need local educational agencies and ensure geographic diversity1 including serving rural1 suburban1 and urban areas4 7f7 ,administrative costs ,not more than #a percent of a grant awarded under this section may be used for administrative costs4 #cbjf4 ,report ,each recipient of a grant under section #cbjd or #cbje shall report to the ,state educational agency on-- 7#a7 the success of the program in reaching the goals of the program2 7#b7 a description of the students served by the program and how the students' academic achievement improved2 and 7#c7 the results of any evaluation conducted on the success of the program4 4 ,,iv ,impact ,aid #dja4 ,purpose ,section #hjja 7#bj ,u4,s4,c4 #ggja7 is amended by striking challenging ,state standards and inserting ,state academic standards4 #djb4 ,payments relating to ,federal acquisition of real property ,section #hjjb 7#bj ,u4,s4,c4 #ggjb7 is amended-- 7#a7 in subsection 7b77#a77;,b71 by striking section #hjad7;a7 and inserting section #c7;d77#a72 and 7#b7 by amending subsection 7f7 to read as follows3 7f7 ,special ,rule ,beginning with fiscal year #bjad1 a local educational agency shall be deemed to meet the requirements of subsection 7a77#a77;,c7 if records to determine eligibility under such subsection were destroyed prior to fiscal year #bjjj and the agency received funds under subsection 7b7 in the previous year4 2 7#c7 by amending subsection 7g7 to read as follows3 7g7 ,former ,districts 7#a7 ,consolidations ,for fiscal year #bjjf and each succeeding fiscal year1 if a local educational agency described in paragraph 7#b7 is formed at any time after #aich by the consolidation of two or more former school districts1 the local educational agency may elect to have the ,secretary determine its eligibility and any amount for which the local educational agency is eligible under this section for such fiscal year on the basis of one or more of those former districts1 as designated by the local educational agency4 7#b7 ,eligible local educational agencies ,a local educational agency described in this paragraph is-- 7,a7 any local educational agency that1 for fiscal year #aiid or any preceding fiscal year1 applied for1 and was determined to be eligible under section #b7;c7 of the ,act of ,september #cj1 #aiej 7,public ,law #hgd1 #hast ,congress7 as that section was in effect for that fiscal year2 or 7,b7 a local educational agency formed by the consolidation of #b or more school districts1 at least one of which was eligible for assistance under this section for the fiscal year preceding the year of the consolidation1 if-- 7i7 for fiscal years #bjjf through #bjac1 the local educational agency notifies the ,secretary not later than #cj days after the date of enactment of the ,student ,success ,act of the designation described in paragraph 7#a72 and 7ii7 for fiscal year #bjad1 and each subsequent fiscal year1 the local educational agency includes the designation in its application under section #hjje or any timely amendment to such application4 7#c7 ,availability of ,funds ,notwithstanding any other provision of law limiting the period during which the ,secretary may obligate funds appropriated for any fiscal year after fiscal year #bjje1 the ,secretary may obligate funds remaining after final payments have been made for any of such fiscal years to carry out this subsection4 2 7#d7 in subsection 7h7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,c77ii71 by striking section #hjad7;a7 and inserting section #c7;d77#a72 and 7ii7 in subparagraph 7,d71 by striking section #hjad7;a7 and inserting section #c7;d77#a72 and 7,b7 in paragraph 7#d71 by striking ,impact ,aid ,improvement ,act of #bjab and inserting ,student ,success ,act2 7#e7 by repealing subsections 7k7 and 7m72 7#f7 by redesignating subsection 7l7 as subsection 7j72 7#g7 by amending subsection 7j7 7as so redesignated7 by striking 7h77#d77;,b7 and inserting 7h77#b72 and 7#h7 by redesignating subsection 7n7 as subsection 7k74 #djc4 ,payments for eligible federally connected children 7a7 ,computation of payment ,section #hjjc7;a7 7#bj ,u4,s4,c4 #ggjc7;a77 is amended-- 7#a7 in the matter preceding subparagraph 7,a7 of paragraph 7#a71 by inserting after schools of such agency the following3 7including those children enrolled in such agency as a result of the open enrollment policy of the ,state in which the agency is located1 but not including children who are enrolled in a distance education program at such agency and who are not residing within the geographic boundaries of such agency72 and 7#b7 in paragraph 7#e77;,a71 by striking #aihd and all that follows through situated and inserting #aihd1 or under lease of off-base property under subchapter ,,iv of chapter #afi of title #aj1 ,united ,states ,code1 to be children described under paragraph 7#a77;,b7 if the property described is within the fenced security perimeter of the military facility or attached to and under any type of force protection agreement with the military installation upon which such housing is situated4 7b7 ,basic support payments for heavily impacted local educational agencies ,section #hjjc7;b7 7#bj ,u4,s4,c4 #ggjc7;b77 is amended-- 7#a7 by striking section #hjad7;b7 each place it appears and inserting section #c7;d77#b72 7#b7 in paragraph 7#a71 by repealing subparagraph 7,e72 7#c7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by inserting at the end the following3 7iii7 ,the ,secretary shall-- 7,i7 deem each local educational agency that received a basic support payment under this paragraph for fiscal year #bjji as eligible to receive a basic support payment under this paragraph for each of fiscal years #bjab1 #bjac1 and #bjad2 and 7,,ii7 make a payment to each such local educational agency under this paragraph for each of fiscal years #bjab1 #bjac1 and #bjad4 2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking continuing in the heading2 7ii7 by amending clause 7i7 to read as follows3 7i7 ,in general ,a heavily impacted local educational agency is eligible to receive a basic support payment under subparagraph 7,a7 with respect to a number of children determined under subsection 7a77#a7 if the agency-- 7,i7 is a local educational agency-- 7aa7 whose boundaries are the same as a ,federal military installation or an island property designated by the ,secretary of the ,interior to be property that is held in trust by the ,federal ,government2 and 7bb7 that has no taxing authority2 7,,ii7 is a local educational agency that-- 7aa7 has an enrollment of children described in subsection 7a77#a7 that constitutes a percentage of the total student enrollment of the agency that is not less than #de percent2 7bb7 has a per-pupil expenditure that is less than-- 7,,aa7 for an agency that has a total student enrollment of #ejj or more students1 #abe percent of the average per-pupil expenditure of the ,state in which the agency is located2 or 7,,bb7 for any agency that has a total student enrollment less than #ejj1 #aej percent of the average per-pupil expenditure of the ,state in which the agency is located or the average per-pupil expenditure of #c or more comparable local educational agencies in the ,state in which the agency is located2 and 7cc7 is an agency that-- 7,,aa7 has a tax rate for general fund purposes that is not less than #ie percent of the average tax rate for general fund purposes of comparable local educational agencies in the ,state2 or 7,,bb7 was eligible to receive a payment under this subsection for fiscal year #bjac and is located in a ,state that by ,state law has eliminated ad valorem tax as a revenue for local educational agencies2 7,,iii7 is a local educational agency that-- 7aa7 has an enrollment of children described in subsection 7a77#a7 that constitutes a percentage of the total student enrollment of the agency that is not less than #bj percent2 7bb7 for the #c fiscal years preceding the fiscal year for which the determination is made1 the average enrollment of children who are not described in subsection 7a77#a7 and who are eligible for a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act constitutes a percentage of the total student enrollment of the agency that is not less than #fe percent2 and 7cc7 has a tax rate for general fund purposes which is not less than #abe percent of the average tax rate for general fund purposes for comparable local educational agencies in the ,state2 7,,iv7 is a local educational agency that has a total student enrollment of not less than #be1jjj students1 of which-- 7aa7 not less than #ej percent are children described in subsection 7a77#a72 and 7bb7 not less than #e1ejj of such children are children described in subparagraphs 7,a7 and 7,b7 of subsection 7a77#a72 or 7,v7 is a local educational agency that-- 7aa7 has an enrollment of children described in subsection 7a77#a7 including1 for purposes of determining eligibility1 those children described in subparagraphs 7,f7 and 7,g7 of such subsection1 that is not less than #ce percent of the total student enrollment of the agency2 and 7bb7 was eligible to receive assistance under subparagraph 7,a7 for fiscal year #bjja4 2 and 7iii7 in clause 7ii7-- 7,i7 by striking ,a heavily and inserting the following3 7,i7 ,in general ,subject to subclause 7,,ii71 a heavily 2 and 7,,ii7 by adding at the end the following3 7,,ii7 ,loss of eligibility due to falling below #ie percent of the average tax rate for general fund purposes ,in a case of a heavily impacted local educational agency that is eligible to receive a basic support payment under subparagraph 7,a71 but that has had1 for #b consecutive fiscal years1 a tax rate for general fund purposes that falls below #ie percent of the average tax rate for general fund purposes of comparable local educational agencies in the ,state1 such agency shall be determined to be ineligible under clause 7i7 and ineligible to receive a basic support payment under subparagraph 7,a7 for each fiscal year succeeding such #b consecutive fiscal years for which the agency has such a tax rate for general fund purposes1 and until the fiscal year for which the agency resumes such eligibility in accordance with clause 7iii74 2 7,c7 by striking subparagraph 7,c72 7,d7 by redesignating subparagraphs 7,d7 through 7,h7 as subparagraphs 7,c7 through 7,g71 respectively2 7,e7 in subparagraph 7,c7 7as so redesignated7-- 7i7 in the heading1 by striking regular2 7ii7 by striking ,except as provided in subparagraph 7,e7 and inserting ,except as provided in subparagraph 7,d72 7iii7 by amending subclause 7,i7 of clause 7ii7 to read as follows3 7,i7 7aa7 ,for a local educational agency with respect to which #ce percent or more of the total student enrollment of the schools of the agency are children described in subparagraph 7,d7 or 7,e7 7or a combination thereof7 of subsection 7a77#a71 and that has an enrollment of children described in subparagraphs 7,a71 7,b71 or 7,c7 of such subsection equal to at least #aj percent of the agency's total enrollment1 the ,secretary shall calculate the weighted student units of those children described in subparagraph 7,d7 or 7,e7 of such subsection by multiplying the number of such children by a factor of #j4ee4 7bb7 ,notwithstanding subitem 7aa71 a local educational agency that received a payment under this paragraph for fiscal year #bjac shall not be required to have an enrollment of children described in subparagraphs 7,a71 7,b71 or 7,c7 of subsection 7a77#a7 equal to at least #aj percent of the agency's total enrollment4 2 and 7iv7 by amending subclause 7,,iii7 of clause 7ii7 by striking 7,b77i77,,ii77aa7 and inserting subparagraph 7,b77i77,i72 7,f7 in subparagraph 7,d77i77,,ii7 7as so redesignated71 by striking #f1jjj and inserting #e1ejj2 7,g7 in subparagraph 7,e7 7as so redesignated7-- 7i7 by striking ,secretary and all that follows through shall use and inserting ,secretary shall use2 7ii7 by striking 2 and and inserting a period2 and 7iii7 by striking clause 7ii72 7,h7 in subparagraph 7,f7 7as so redesignated71 by striking subparagraph 7,c77i77,,ii77bb7 and inserting subparagraph 7,b77i77,,ii77bb77,,bb72 7,i7 in subparagraph 7,g7 7as so redesignated7-- 7i7 in clause 7i7-- 7,i7 by striking subparagraph 7,b71 7,c71 7,d71 or 7,e7 and inserting subparagraph 7,b71 7,c71 or 7,d72 7,,ii7 by striking by reason of and inserting due to2 7,,iii7 by inserting after clause 7iii7 the following 1 or as the direct result of base realignment and closure or modularization as determined by the ,secretary of ,defense and force structure change or force relocation2 and 7,,iv7 by inserting before the period1 the following3 or during such time as activities associated with base closure and realignment1 modularization1 force structure change1 or force relocation are ongoing2 and 7ii7 in clause 7ii71 by striking 7,d7 or 7,e7 each place it appears and inserting 7,c7 or 7,d72 7#d7 in paragraph 7#c7-- 7,a7 in subparagraph 7,b7-- 7i7 by amending clause 7iii7 to read as follows3 7iii7 ,in the case of a local educational agency providing a free public education to students enrolled in kindergarten through grade #ab1 but which enrolls students described in subparagraphs 7,a71 7,b71 and 7,d7 of subsection 7a77#a7 only in grades #i through #ab1 and which received a final payment in fiscal year #bjji calculated under this paragraph 7as this paragraph was in effect on the day before the date of enactment of the ,student ,success ,act7 for students in grades #i through #ab1 the ,secretary shall1 in calculating the agency's payment1 consider only that portion of such agency's total enrollment of students in grades #i through #ab when calculating the percentage under clause 7i77,i7 and only that portion of the total current expenditures attributed to the operation of grades #i through #ab in such agency when calculating the percentage under clause 7i77,,ii74 2 and 7ii7 by adding at the end the following3 7v7 ,in the case of a local educational agency that is providing a program of distance education to children not residing within the geographic boundaries of the agency1 the ,secretary shall-- 7,i7 for purposes of the calculation under clause 7i77,i71 disregard such children from the total number of children in average daily attendance at the schools served by such agency2 and 7,,ii7 for purposes of the calculation under clause 7i77,,ii71 disregard any funds received for such children from the total current expenditures for such agency4 2 7,b7 in subparagraph 7,c71 by striking subparagraph 7,d7 or 7,e7 of paragraph 7#b71 as the case may be and inserting paragraph 7#b77;,d72 and 7,c7 by amending subparagraph 7,d7 to read as follows3 7,d7 ,ratable distribution ,for any fiscal year described in subparagraph 7,a7 for which the sums available exceed the amount required to pay each local educational agency #ajj percent of its threshold payment1 the ,secretary shall distribute the excess sums to each eligible local educational agency that has not received its full amount computed under paragraph 7#a7 or 7#b7 7as the case may be7 by multiplying-- 7i7 a percentage1 the denominator of which is the difference between the full amount computed under paragraph 7#a7 or 7#b7 7as the case may be7 for all local educational agencies and the amount of the threshold payment 7as calculated under subparagraphs 7,b7 and 7,c77 of all local educational agencies1 and the numerator of which is the aggregate of the excess sums1 by 7ii7 the difference between the full amount computed under paragraph 7#a7 or 7#b7 7as the case may be7 for the agency and the amount of the threshold payment as calculated under subparagraphs 7,b7 and 7,c7 of the agency4 2 and 7,d7 by inserting at the end the following new subparagraphs3 7,e7 ,insufficient payments ,for each fiscal year described in subparagraph 7,a7 for which the sums appropriated under section #c7;d77#b7 are insufficient to pay each local educational agency all of the local educational agency's threshold payment described in subparagraph 7,d71 the ,secretary shall ratably reduce the payment to each local educational agency under this paragraph4 7,f7 ,increases ,if the sums appropriated under section #c7;d77#b7 are sufficient to increase the threshold payment above the #ajj percent threshold payment described in subparagraph 7,d71 then the ,secretary shall increase payments on the same basis as such payments were reduced1 except no local educational agency may receive a payment amount greater than #ajj percent of the maximum payment calculated under this subsection4 2 and 7#e7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a71 by striking through 7,d7 and inserting and 7,c72 and 7,b7 in subparagraph 7,b71 by striking subparagraph 7,d7 or 7,e7 and inserting subparagraph 7,c7 or 7,d74 7c7 ,prior year data ,paragraph 7#b7 of section #hjjc7;c7 7#bj ,u4,s4,c4 #ggjc7;c77 is amended to read as follows3 7#b7 ,exception ,calculation of payments for a local educational agency shall be based on data from the fiscal year for which the agency is making an application for payment if such agency-- 7,a7 is newly established by a ,state1 for the first year of operation of such agency only2 7,b7 was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment 7as determined by the ,secretary in consultation with the ,secretary of ,defense1 the ,secretary of ,interior1 or the heads of other ,federal agencies7-- 7i7 of not less than #aj percent1 or #ajj students1 of children described in-- 7,i7 subparagraph 7,a71 7,b71 7,c71 or 7,d7 of subsection 7a77#a72 or 7,,ii7 subparagraph 7,f7 and 7,g7 of subsection 7a77#a71 but only to the extent such children are civilian dependents of employees of the ,department of ,defense or the ,department of ,interior2 and 7ii7 that is the direct result of closure or realignment of military installations under the base closure process or the relocation of members of the ,armed ,forces and civilian employees of the ,department of ,defense as part of the force structure changes or movements of units or personnel between military installations or because of actions initiated by the ,secretary of the ,interior or the head of another ,federal agency2 or 7,c7 was eligible to receive a payment under this section for the previous fiscal year and has had an increase in enrollment 7as determined by the ,secretary7-- 7i7 of not less than #aj percent of children described in subsection 7a77#a7 or not less than #ajj of such children2 and 7ii7 that is the direct result of the closure of a local educational agency that received a payment under subsection 7b77#a7 or 7b77#b7 in the previous fiscal year4 4 7d7 ,children with disabilities ,section #hjjc7;d77#a7 7#bj ,u4,s4,c4 #ggjc7;d77 is amended by striking section #hjad7;c7 and inserting section #c7;d77#c74 7e7 ,hold-harmless ,section #hjjc7;e7 7#bj ,u4,s4,c4 #ggjc7;e77 is amended-- 7#a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,subject to paragraph 7#b71 the total amount the ,secretary shall pay a local educational agency under subsection 7b7-- 7,a7 for fiscal year #bjad1 shall not be less than #ij percent of the total amount that the local educational agency received under subsection 7b77#a71 7b77#b71 or 7b77#b77;,b77ii7 for fiscal year #bjac2 7,b7 for fiscal year #bjae1 shall not be less than #he percent of the total amount that the local educational agency received under subsection 7b77#a71 7b77#b71 or 7b77#b77;,b77ii7 for fiscal year #bjac2 and 7,c7 for fiscal year #bjaf1 shall not be less than #hj percent of the total amount that the local educational agency received under subsection 7b77#a71 7b77#b71 or 7b77#b77;,b77ii7 for fiscal year #bjac4 2 and 7#b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,maximum amount ,the total amount provided to a local educational agency under subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#a7 for a fiscal year shall not exceed the maximum basic support payment amount for such agency determined under paragraph 7#a7 or 7#b7 of subsection 7b71 as the case may be1 for such fiscal year4 4 7f7 ,maintenance of effort ,section #hjjc 7#bj ,u4,s4,c4 #ggjc7 is amended by striking subsection 7g74 #djd4 ,policies and procedures relating to children residing on ,indian lands ,section #hjjd7;e77#i7 is amended by striking ,bureau of ,indian ,affairs and inserting ,bureau of ,indian ,education4 #dje4 ,application for payments under sections #hjjb and #hjjc ,section #hjje7;b7 7#bj ,u4,s4,c4 #ggje7;b77 is amended in the matter preceding paragraph 7#a7 by striking and shall contain such information14 #djf4 ,construction ,section #hjjg 7#bj ,u4,s4,c4 #ggjg7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking section #hjad7;e7 and inserting section #c7;d77#d72 7,b7 in paragraph 7#b71 by adding at the end the following3 7,c7 ,the agency is eligible under section #djjc7;b77#b7 or is receiving basic support payments under circumstances described in section #djjc7;b77#b77;,b77ii74 2 and 7,c7 in paragraph 7#c71 by striking section #hjad7;e7 each place it appears and inserting section #c7;d77#d72 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking section #hjad7;e7 and inserting section #c7;d77#d72 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,c77i77,i71 by adding at the end the following3 7cc7 ,at least #aj percent of the property in the agency is exempt from ,state and local taxation under ,federal law4 2 and 7ii7 by adding at the end the following3 7,f7 ,limitations on eligibility requirements ,the ,secretary shall not limit eligibility-- 7i7 under subparagraph 7,c77i77,i77aa71 to those local educational agencies in which the number of children determined under section #hjjc7;a77#a77;,c7 for each such agency for the preceding school year constituted more than #dj percent of the total student enrollment in the schools of each such agency during the preceding school year2 and 7ii7 under subparagraph 7,c77i77,i77cc71 to those local educational agencies in which more than #aj percent of the property in each such agency is exempt from ,state and local taxation under ,federal law4 2 7,c7 in paragraph 7#f7-- 7i7 in the matter preceding subparagraph 7,a71 by striking in such manner1 and accompanied by such information and inserting and in such manner2 and 7ii7 by striking subparagraph 7,f72 and 7,d7 by striking paragraph 7#g74 #djg4 ,facilities ,section #hjjh 7#bj ,u4,s4,c4 #ggjh7 is amended in subsection 7a71 by striking section #hjad7;f7 and inserting section #c7;d77#e74 #djh4 ,state consideration of payments providing ,state aid ,section #hjji7;c77#a77;,b7 7#bj ,u4,s4,c4 #ggji7;c77#a77;,b77 is amended by striking and contain the information4 #dji4 ,federal administration ,section #hjaj7;d77#b7 7#bj ,u4,s4,c4 #ggaj7;d77#b77 is amended1 by striking section #hjad and inserting section #c7;d74 #daj4 ,administrative hearings and judicial review ,section #hjaa7;a7 7#bj ,u4,s4,c4 #ggaa7;a77 is amended by striking or under the ,act and all the follows through #aiid74 #daa4 ,definitions ,section #hjac 7#bj ,u4,s4,c4 #ggac7 is amended-- 7#a7 in paragraph 7#a71 by striking and ,marine ,corps and inserting ,marine ,corps1 and ,coast ,guard2 7#b7 in paragraph 7#d71 by striking and title ,,vi2 7#c7 in paragraph 7#e77;,a77iii7-- 7,a7 in subclause 7,,ii71 by striking ,stewart ,b4 ,mc,kinney ,homeless ,assistance ,act and inserting ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadaa72 and 7,b7 in subclause 7,,iii71 by inserting before the semicolon1 7#be ,u4,s4,c4 #daja et seq472 7#d7 in paragraph 7#h77;,a71 by striking and verified by and inserting 1 and verified by12 and 7#e7 in paragraph 7#i77;,b71 by inserting a comma before on a case-by-case basis4 #dab4 ,authorization of appropriations ,section #hjad 7#bj ,u4,s4,c4 #ghja7 is repealed4 #dac4 ,conforming amendments 7a7 ,impact ,aid ,improvement ,act of #bjab ,subsection 7c7 of the ,impact ,aid ,improvement ,act of #bjab 7#bj ,u4,s4,c4 #fcja note2 ,public ,law #aab-bci2 #abf ,stat #agdh7 is amended-- 7#a7 by striking paragraphs 7#a7 and 7#d72 and 7#b7 by redesignating paragraphs 7#b7 and 7#c71 as paragraphs 7#a7 and 7#b71 respectively4 7b7 ,repeal ,title ,,iv 7#bj ,u4,s4,c4 #gaja et seq471 as amended by section #eja7;b77#b7 of this ,act1 is repealed4 7c7 ,transfer and redesignation ,title ,,viii 7#bj ,u4,s4,c4 #ggja et seq471 as amended by this title1 is redesignated as title ,,iv 7#bj ,u4,s4,c4 #gaja et seq471 and transferred and inserted after title ,,iii 7as amended by this ,act74 7d7 ,title ,,viii references ,the ,act 7#bj ,u4,s4,c4 #fcja et seq47 is amended-- 7#a7 by redesignating sections #hjja through #hjje as sections #djja through #djje1 respectively2 7#b7 by redesignating sections #hjjg through #hjac as sections #djjg through #djac1 respectively2 7#c7 by striking section #hjjb each place it appears and inserting section #djjb2 7#d7 by striking section #hjjb7;b7 each place it appears and inserting section #djjb7;b72 7#e7 by striking section #hjjc each place it appears and inserting section #djjc1 respectively2 7#f7 by striking section #hjjc7;a7 each place it appears and inserting section #djjc7;a72 7#g7 by striking section #hjjc7;a77#a7 each place it appears and inserting section #djjc7;a77#a72 7#h7 by striking section #hjjc7;a77#a77;,c7 each place it appears and inserting section #djjc7;a77#a77;,c72 7#i7 by striking section #hjjb7;a77#b7 each place it appears and inserting section #djjb7;a77#b72 7#aj7 by striking section #hjjc7;b7 each place it appears and inserting section #djjc7;b72 7#aa7 by striking section #hjjc7;b77#a7 each place it appears and inserting section #djjc7;b77#a72 7#ab7 in section #djjb7;b77#a77;,c7 7as so redesignated71 by striking section #hjjc7;b77#a77;,c7 and inserting section #djjc7;b77#a77;,c72 7#ac7 in section #djjb7k77#a7 7as so redesignated71 by striking section #hjac7e77;,c77iii7 and inserting section #djac7e77;,c77iii72 7#ad7 in section #djje 7as so redesignated7-- 7,a7 in the section heading1 by striking #hjjb and #hjjc and inserting #djjb and #djjc2 7,b7 by striking or #hjjc each place it appears and inserting or #djjc2 7,c7 in subsection 7b77#b71 by striking section #hjjd and inserting section #djjd2 and 7,d7 in subsection 7d77#b71 by striking section #hjjc7;e7 and inserting section #djjc7;e72 7#ae7 in section #djjg7;a77#c77;,a77i77,,ii7 7as so redesignated71 by striking section #hjjh7;a7 and inserting section #djjh7;a72 7#af7 in section #djjg7;a77#d7 7as so redesignated71 by striking section #hjac7c7 and inserting section #djac7c72 and 7#ag7 in section #djji 7as so redesignated7-- 7,a7 in subsection 7b77#a7-- 7i7 by striking or #hjjc7;b7 and inserting or #djjc7;b72 7ii7 by striking section #hjjc7;a77#b77;,b7 and inserting section #djjc7;a77#b77;,b72 and 7iii7 by striking section #hjjc7;b77#b7 each place it appears and inserting section #djjc7;b77#b72 7,b7 by striking section #hjaa7;a7 each place it appears and inserting section #djaa7;a72 and 7#ah7 in section #djaj7;c77#b77;,d7 7as so redesignated7 by striking section #hjji7;b7 and inserting section #djji7;b74 ,v ,general provisions for the ,act #eja4 ,general provisions for the ,act 7a7 ,amending title ,v ,title ,v 7#bj ,u4,s4,c4 #gbja et seq47 is amended to read as follows3 ,v ,general ,provisions ,a ,definitions #eaja4 ,definitions ,except as otherwise provided1 in this ,act3 7#a7 ,average daily attendance 7,a7 ,in general ,except as provided otherwise by ,state law or this paragraph1 the term average daily attendance means-- 7i7 the aggregate number of days of attendance of all students during a school year2 divided by 7ii7 the number of days school is in session during that year4 7,b7 ,conversion ,the ,secretary shall permit the conversion of average daily membership 7or other similar data7 to average daily attendance for local educational agencies in ,states that provide ,state aid to local educational agencies on the basis of average daily membership 7or other similar data74 7,c7 ,special rule ,if the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district1 the ,secretary shall1 for the purpose of this ,act-- 7i7 consider the child to be in attendance at a school of the agency making the payment2 and 7ii7 not consider the child to be in attendance at a school of the agency receiving the payment4 7,d7 ,children with disabilities ,if a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability1 as defined in section #fjb of the ,individuals with ,disabilities ,education ,act1 the ,secretary shall1 for the purpose of this ,act1 consider the child to be in attendance at a school of the agency making the payment4 7#b7 ,average per-pupil expenditure ,the term average per-pupil expenditure means1 in the case of a ,state or of the ,united ,states-- 7,a7 without regard to the source of funds-- 7i7 the aggregate current expenditures1 during the third fiscal year preceding the fiscal year for which the determination is made 7or1 if satisfactory data for that year are not available1 during the most recent preceding fiscal year for which satisfactory data are available7 of all local educational agencies in the ,state or1 in the case of the ,united ,states1 for all ,states 7which1 for the purpose of this paragraph1 means the #ej ,states and the ,district of ,columbia72 plus 7ii7 any direct current expenditures by the ,state for the operation of those agencies2 divided by 7,b7 the aggregate number of children in average daily attendance to whom those agencies provided free public education during that preceding year4 7#c7 ,charter school ,the term charter school means a public school that-- 7,a7 in accordance with a specific ,state statute authorizing the granting of charters to schools1 is exempt from significant ,state or local rules that inhibit the flexible operation and management of public schools1 but not from any rules relating to the other requirements of this paragraph2 7,b7 is created by a developer as a public school1 or is adapted by a developer from an existing public school1 and is operated under public supervision and direction2 7,c7 operates in pursuit of a specific set of educational objectives determined by the school's developer and agreed to by the authorized public chartering agency2 7,d7 provides a program of elementary or secondary education1 or both2 7,e7 is nonsectarian in its programs1 admissions policies1 employment practices1 and all other operations1 and is not affiliated with a sectarian school or religious institution2 7,f7 does not charge tuition2 7,g7 complies with the ,age ,discrimination ,act of #aige1 title ,,vi of the ,civil ,rights ,act of #aifd1 title ,,ix of the ,education ,amendments of #aigb1 section #ejd of the ,rehabilitation ,act of #aigc1 and part ,b of the ,individuals with ,disabilities ,education ,act2 7,h7 is a school to which parents choose to send their children1 and that admits students on the basis of a lottery1 if more students apply for admission than can be accommodated2 7,i7 agrees to comply with the same ,federal and ,state audit requirements as do other elementary schools and secondary schools in the ,state1 unless such requirements are specifically waived for the purpose of this program2 7,j7 meets all applicable ,federal1 ,state1 and local health and safety requirements2 7,k7 operates in accordance with ,state law2 7,l7 has a written performance contract with the authorized public chartering agency in the ,state that includes a description of how student performance will be measured in charter schools pursuant to ,state assessments that are required of other schools and pursuant to any other assessments mutually agreeable to the authorized public chartering agency and the charter school2 and 7,m7 may serve prekindergarten or post secondary students4 7#d7 ,child ,the term child means any person within the age limits for which the ,state provides free public education4 7#e7 ,child with a disability ,the term child with a disability has the same meaning given that term in section #fjb of the ,individuals with ,disabilities ,education ,act4 7#f7 ,community-based organization ,the term community-based organization means a public or private nonprofit organization of demonstrated effectiveness that-- 7,a7 is representative of a community or significant segments of a community2 and 7,b7 provides educational or related services to individuals in the community4 7#g7 ,consolidated local application ,the term consolidated local application means an application submitted by a local educational agency pursuant to section #ecje4 7#h7 ,consolidated local plan ,the term consolidated local plan means a plan submitted by a local educational agency pursuant to section #ecje4 7#i7 ,consolidated state application ,the term consolidated ,state application means an application submitted by a ,state educational agency pursuant to section #ecjb4 7#aj7 ,consolidated state plan ,the term consolidated ,state plan means a plan submitted by a ,state educational agency pursuant to section #ecjb4 7#aa7 ,core academic subjects ,the term core academic subjects means ,english1 reading or language arts1 mathematics1 science1 foreign languages1 civics and government1 economics1 arts1 history1 and geography4 7#ab7 ,county ,the term county means one of the divisions of a ,state used by the ,secretary of ,commerce in compiling and reporting data regarding counties4 7#ac7 ,covered program ,the term covered program means each of the programs authorized by-- 7,a7 part ,a of title ,i2 7,b7 title ,,ii2 and 7,c7 title ,,iii4 7#ad7 ,current expenditures ,the term current expenditures means expenditures for free public education-- 7,a7 including expenditures for administration1 instruction1 attendance and health services1 pupil transportation services1 operation and maintenance of plant1 fixed charges1 and net expenditures to cover deficits for food services and student body activities2 but 7,b7 not including expenditures for community services1 capital outlay1 and debt service1 or any expenditures made from funds received under title ,i4 7#ae7 ,department ,the term ,department means the ,department of ,education4 7#af7 ,direct student services ,the term direct student services means public school choice or high-quality academic tutoring that are designed to help increase academic achievement for students4 7#ag7 ,distance education ,the term distance education means the use of one or more technologies to deliver instruction to students who are separated from the instructor and to support regular and substantive interaction between the students and the instructor synchronously or nonsynchronously4 7#ah7 ,educational service agency ,the term educational service agency means a regional public multiservice agency authorized by ,state statute to develop1 manage1 and provide services or programs to local educational agencies4 7#ai7 ,elementary school ,the term elementary school means a nonprofit institutional day or residential school1 including a public elementary charter school1 that provides elementary education1 as determined under ,state law4 7#bj7 ,english learner ,the term ,english learner1 when used with respect to an individual1 means an individual-- 7,a7 who is aged #c through #ba2 7,b7 who is enrolled or preparing to enroll in an elementary school or secondary school2 7,c7 7i7 who was not born in the ,united ,states or whose native language is a language other than ,english2 7ii7 7,i7 who is a ,native ,american or ,alaska ,native1 or a native resident of the outlying areas2 and 7,,ii7 who comes from an environment where a language other than ,english has had a significant impact on the individual's level of ,english language proficiency2 or 7iii7 who is migratory1 whose native language is a language other than ,english1 and who comes from an environment where a language other than ,english is dominant2 and 7,d7 whose difficulties in speaking1 reading1 writing1 or understanding the ,english language may be sufficient to deny the individual-- 7i7 the ability to meet the ,state's academic standards described in section #aaaa2 7ii7 the ability to successfully achieve in classrooms where the language of instruction is ,english2 or 7iii7 the opportunity to participate fully in society4 7#ba7 ,extended-year adjusted cohort graduation rate 7,a7 ,in general ,the term extended-year adjusted cohort graduation rate means the ratio where-- 7i7 the denominator consists of the number of students who form the original cohort of entering first-time #ith grade students enrolled in the high school no later than the effective date for student membership data submitted annually by ,state educational agencies to the ,national ,center for ,education ,statistics under section #aec of the ,education ,sciences ,reform ,act1 adjusted by-- 7,i7 adding the students who joined that cohort1 after the time of the determination of the original cohort2 and 7,,ii7 subtracting only those students who left that cohort1 after the time of the determination of the original cohort1 as described in subparagraph 7,b72 and 7ii7 the numerator consists of the number of students in the cohort1 as adjusted under clause 7i71 who earned a regular high school diploma before1 during1 or at the conclusion of-- 7,i7 one or more additional years beyond the fourth year of high school2 or 7,,ii7 a summer session immediately following the additional year of high school4 7,b7 ,cohort removal ,to remove a student from a cohort1 a school or local educational agency shall require documentation to confirm that the student has transferred out1 emigrated to another country1 transferred to a prison or juvenile facility1 or is deceased4 7,c7 ,transferred out 7i7 ,in general ,for purposes of this paragraph1 the term transferred out means a student who the high school or local educational agency has confirmed1 according to clause 7ii71 has transferred-- 7,i7 to another school from which the student is expected to receive a regular high school diploma2 or 7,,ii7 to another educational program from which the student is expected to receive a regular high school diploma4 7ii7 ,confirmation requirements 7,i7 ,documentation required ,the confirmation of a student's transfer to another school or educational program described in clause 7i7 requires documentation from the receiving school or program that the student enrolled in the receiving school or program4 7,,ii7 ,lack of confirmation ,a student who was enrolled1 but for whom there is no confirmation of the student having transferred out1 shall remain in the denominator of the extended-year adjusted cohort4 7iii7 ,programs not providing credit ,a student who is retained in grade or who is enrolled in a ,,ged or other alternative educational program that does not issue or provide credit toward the issuance of a regular high school diploma shall not be considered transferred out and shall remain in the extended-year adjusted cohort4 7,d7 ,special rule ,for those high schools that start after grade #i1 the original cohort shall be calculated for the earliest high school grade students attend no later than the effective date for student membership data submitted annually by ,state educational agencies to the ,national ,center for ,education ,statistics pursuant to section #aec of the ,education ,sciences ,reform ,act4 7#bb7 ,family literacy services ,the term family literacy services means services provided to participants on a voluntary basis that are of sufficient intensity in terms of hours1 and of sufficient duration1 to make sustainable changes in a family1 and that integrate all of the following activities3 7,a7 ,interactive literacy activities between parents and their children4 7,b7 ,training for parents regarding how to be the primary teacher for their children and full partners in the education of their children4 7,c7 ,parent literacy training that leads to economic self-sufficiency4 7,d7 ,an age-appropriate education to prepare children for success in school and life experiences4 7#bc7 ,four-year adjusted cohort graduation rate 7,a7 ,in general ,the term four-year adjusted cohort graduation rate means the ratio where-- 7i7 the denominator consists of the number of students who form the original cohort of entering first-time #ith grade students enrolled in the high school no later than the effective date for student membership data submitted annually by ,state educational agencies to the ,national ,center for ,education ,statistics pursuant to section #aec of the ,education ,sciences ,reform ,act1 adjusted by-- 7,i7 adding the students who joined that cohort1 after the time of the determination of the original cohort2 and 7,,ii7 subtracting only those students who left that cohort1 after the time of the determination of the original cohort1 as described in subparagraph 7,b72 and 7ii7 the numerator consists of the number of students in the cohort1 as adjusted under clause 7i71 who earned a regular high school diploma before1 during1 or at the conclusion of-- 7,i7 the fourth year of high school2 or 7,,ii7 a summer session immediately following the fourth year of high school4 7,b7 ,cohort removal ,to remove a student from a cohort1 a school or local educational agency shall require documentation to confirm that the student has transferred out1 emigrated to another country1 transferred to a prison or juvenile facility1 or is deceased4 7,c7 ,transferred out 7i7 ,in general ,for purposes of this paragraph1 the term transferred out means a student who the high school or local educational agency has confirmed1 according to clause 7ii71 has transferred-- 7,i7 to another school from which the student is expected to receive a regular high school diploma2 or 7,,ii7 to another educational program from which the student is expected to receive a regular high school diploma4 7ii7 ,confirmation requirements 7,i7 ,documentation required ,the confirmation of a student's transfer to another school or educational program described in clause 7i7 requires documentation from the receiving school or program that the student enrolled in the receiving school or program4 7,,ii7 ,lack of confirmation ,a student who was enrolled1 but for whom there is no confirmation of the student having transferred out1 shall remain in the adjusted cohort4 7iii7 ,programs not providing credit ,a student who is retained in grade or who is enrolled in a ,,ged or other alternative educational program that does not issue or provide credit toward the issuance of a regular high school diploma shall not be considered transferred out and shall remain in the adjusted cohort4 7,d7 ,special rule ,for those high schools that start after grade #i1 the original cohort shall be calculated for the earliest high school grade students attend no later than the effective date for student membership data submitted annually by ,state educational agencies to the ,national ,center for ,education ,statistics pursuant to section #aec of the ,education ,sciences ,reform ,act4 7#bd7 ,free public education ,the term free public education means education that is provided-- 7,a7 at public expense1 under public supervision and direction1 and without tuition charge2 and 7,b7 as elementary school or secondary school education as determined under applicable ,state law1 except that the term does not include any education provided beyond grade #ab4 7#be7 ,gifted and talented ,the term gifted and talented1 when used with respect to students1 children1 or youth1 means students1 children1 or youth who give evidence of high achievement capability in areas such as intellectual1 creative1 artistic1 or leadership capacity1 or in specific academic fields1 and who need services or activities not ordinarily provided by the school in order to fully develop those capabilities4 7#bf7 ,high-quality academic tutoring ,the term #8high-quality academic tutoring' means supplemental academic services that-- 7,a7 are in addition to instruction provided during the school day2 7,b7 are provided by a non-governmental entity or local educational agency that-- 7i7 is included on a ,state educational agency approved provider list after demonstrating to the ,state educational agency that its program consistently improves the academic achievement of students2 and 7ii7 agrees to provide parents of children receiving high-quality academic tutoring1 the appropriate local educational agency1 and school with information on participating students increases in academic achievement1 in a format1 and to the extent practicable1 a language that such parent can understand1 and in a manner that protects the privacy of individuals consistent with section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g72 7,c7 are selected by the parents of students who are identified by the local educational agency as being eligible for such services from among providers on the approved provider list described in subparagraph 7,b77i72 7,d7 meet all applicable ,federal1 ,state1 and local health1 safety1 and civil rights laws2 and 7,e7 ensure that all instruction and content are secular1 neutral1 and non-ideological4 7#bg7 ,high school ,the term high school means a secondary school that-- 7,a7 grants a diploma1 as defined by the ,state2 and 7,b7 includes1 at least1 grade #ab4 7#bh7 ,institution of higher education ,the term institution of higher education has the meaning given that term in section #aja7;a7 of the ,higher ,education ,act of #aife4 7#bi7 ,local educational agency 7,a7 ,in general ,the term local educational agency means a public board of education or other public authority legally constituted within a ,state for either administrative control or direction of1 or to perform a service function for1 public elementary schools or secondary schools in a city1 county1 township1 school district1 or other political subdivision of a ,state1 or of or for a combination of school districts or counties that is recognized in a ,state as an administrative agency for its public elementary schools or secondary schools4 7,b7 ,administrative control and direction ,the term includes any other public institution or agency having administrative control and direction of a public elementary school or secondary school4 7,c7 ,,bie schools ,the term includes an elementary school or secondary school funded by the ,bureau of ,indian ,education but only to the extent that including the school makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the school does not have a student population that is smaller than the student population of the local educational agency receiving assistance under this ,act with the smallest student population1 except that the school shall not be subject to the jurisdiction of any ,state educational agency other than the ,bureau of ,indian ,education4 7,d7 ,educational service agencies ,the term includes educational service agencies and consortia of those agencies4 7,e7 ,state educational agency ,the term includes the ,state educational agency in a ,state in which the ,state educational agency is the sole educational agency for all public schools4 7#cj7 ,native ,american and native ,american language ,the terms ,native ,american and ,native ,american language have the same meaning given those terms in section #ajc of the ,native ,american ,languages ,act of #aiij4 7#ca7 ,other staff ,the term other staff means specialized instructional support personnel1 librarians1 career guidance and counseling personnel1 education aides1 and other instructional and administrative personnel4 7#cb7 ,outlying area ,the term outlying area-- 7,a7 means ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 ,guam1 and the ,united ,states ,virgin ,islands2 7,b7 means the ,republic of ,palau1 to the extent permitted under section #aje7;f77#a77;,b77ix7 of the ,compact of ,free ,association ,amendments ,act of #bjjc 7,public ,law #ii-feh2 #aag ,stat4 #bgea7 and until an agreement for the extension of ,united ,states education assistance under the ,compact of ,free ,association becomes effective for the ,republic of ,palau2 and 7,c7 for the purpose of any discretionary grant program under this ,act1 includes the ,republic of the ,marshall ,islands and the ,federated ,states of ,micronesia1 to the extent permitted under section #aje7;f77#a77;,b77viii7 of the ,compact of ,free ,association ,amendments ,act of #bjjc 7,public ,law #ajh-ahh2 #aag ,stat4 #bgea74 7#cc7 ,parent ,the term parent includes a legal guardian or other person standing in loco parentis 7such as a grandparent1 stepparent1 or foster parent with whom the child lives1 or a person who is legally responsible for the child's welfare74 7#cd7 ,parental involvement ,the term parental involvement means the participation of parents in regular1 two-way1 and meaningful communication involving student academic learning and other school activities1 including ensuring-- 7,a7 that parents play an integral role in assisting in their child's learning2 7,b7 that parents are encouraged to be actively involved in their child's education at school2 7,c7 that parents are full partners in their child's education and are included1 as appropriate1 in decisionmaking and on advisory committees to assist in the education of their child2 and 7,d7 the carrying out of other activities1 such as those described in section #aaah4 7#ce7 ,poverty line ,the term poverty line means the poverty line 7as defined by the ,office of ,management and ,budget and revised annually in accordance with section #fgc7b7 of the ,community ,services ,block ,grant ,act7 applicable to a family of the size involved4 7#cf7 ,professional development ,the term professional development-- 7,a7 includes evidence-based1 job-embedded1 continuous activities that-- 7i7 improve and increase teachers' knowledge of the academic subjects the teachers teach1 and enable teachers to become effective educators2 7ii7 are an integral part of broad schoolwide and districtwide educational improvement plans2 7iii7 give teachers1 school leaders1 other staff1 and administrators the knowledge and skills to provide students with the opportunity to meet ,state academic standards2 7iv7 improve classroom management skills2 7v7 7,i7 have a positive and lasting impact on classroom instruction and the teacher's performance in the classroom2 and 7,,ii7 are not #a-;day or short-term workshops or conferences2 7vi7 support the recruiting1 hiring1 and training of effective teachers1 including teachers who became certified or licensed through ,state and local alternative routes to certification2 7vii7 advance teacher understanding of effective instructional strategies that are strategies for improving student academic achievement or substantially increasing the knowledge and teaching skills of teachers1 including through addressing the social and emotional development needs of students2 7viii7 are aligned with and directly related to-- 7,i7 ,state academic standards and assessments2 and 7,,ii7 the curricula and programs tied to the standards described in subclause 7,i72 7ix7 are developed with extensive participation of teachers1 school leaders1 parents1 and administrators of schools to be served under this ,act2 7x7 are designed to give teachers of ,english learners and other teachers and instructional staff1 the knowledge and skills to provide instruction and appropriate language and academic support services to those children1 including the appropriate use of curricula and assessments2 7xi7 to the extent appropriate1 provide training for teachers1 other staff1 and school leaders in the use of technology so that technology and technology applications are effectively used to improve teaching and learning in the curricula and core academic subjects in which the students receive instruction2 7xii7 as a whole1 are regularly evaluated for their impact on increased teacher effectiveness and improved student academic achievement1 with the findings of the evaluations used to improve the quality of the professional development2 7xiii7 provide instruction in methods of teaching children with special needs2 7xiv7 include instruction in the use of data and assessments to inform and instruct classroom practice2 and 7xv7 include instruction in ways that teachers1 school leaders1 specialized instructional support personnel1 other staff1 and school administrators may work more effectively with parents2 and 7,b7 may include evidence-based1 job-embedded1 continuous activities that-- 7i7 involve the forming of partnerships with institutions of higher education to establish school-based teacher training programs that provide prospective teachers and new teachers with an opportunity to work under the guidance of experienced teachers and college faculty2 7ii7 create programs to enable paraprofessionals 7assisting teachers employed by a local educational agency receiving assistance under subpart #a of part ,a of title ,i7 to obtain the education necessary for those paraprofessionals to become certified and licensed teachers2 and 7iii7 provide follow-up training to individuals who have participated in activities described in subparagraph 7,a7 or another clause of this subparagraph that are designed to ensure that the knowledge and skills learned by the teachers are implemented in the classroom4 7#cg7 ,regular high school diploma 7,a7 ,in general ,the term regular high school diploma means the standard high school diploma awarded to the preponderance of students in the ,state that is fully aligned with ,state standards1 or a higher diploma4 ,such term shall not include a ,,ged or other recognized equivalent of a diploma1 a certificate of attendance1 or any lesser diploma award4 7,b7 ,exception for students with significant cognitive disabilities ,for a student who is assessed using an alternate assessment aligned to alternate academic standards under section #aaaa7;b77#a77;,d71 receipt of a regular high school diploma as defined under subparagraph 7,a7 or a ,state-defined alternate diploma obtained within the time period for which the ,state ensures the availability of a free appropriate public education and in accordance with section #fab7;a77#a7 of the ,individuals with ,disabilities ,education ,act shall be counted as graduating with a regular high school diploma for the purposes of this ,act4 7#ch7 ,school leader ,the term school leader means a principal1 assistant principal1 or other individual who is-- 7,a7 an employee or officer of a school1 local educational agency1 or other entity operating the school2 and 7,b7 responsible for-- 7i7 the daily instructional leadership and managerial operations of the school2 and 7ii7 creating the optimum conditions for student learning4 7#ci7 ,secondary school ,the term secondary school means a nonprofit institutional day or residential school1 including a public secondary charter school1 that provides secondary education1 as determined under ,state law1 except that the term does not include any education beyond grade #ab4 7#dj7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#da7 ,specialized instructional support personnel2 specialized instructional support services 7,a7 ,specialized instructional support personnel ,the term specialized instructional support personnel means school counselors1 school social workers1 school psychologists1 and other qualified professional personnel involved in providing assessment1 diagnosis1 counseling1 educational1 therapeutic1 and other necessary services 7including related services as that term is defined in section #fjb of the ,individuals with ,disabilities ,education ,act7 as part of a comprehensive program to meet student needs4 7,b7 ,specialized instructional support services ,the term specialized instructional support services means the services provided by specialized instructional support personnel4 7#db7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and each of the outlying areas4 7#dc7 ,state educational agency ,the term ,state educational agency means the agency primarily responsible for the ,state supervision of public elementary schools and secondary schools4 7#dd7 ,technology ,the term technology means modern information1 computer and communication technology products1 services1 or tools1 including1 but not limited to1 the ,internet and other communications networks1 computer devices and other computer and communications hardware1 software applications1 data systems1 and other electronic content and data storage4 #eajb4 ,applicability of title ,parts ,b1 ,c1 ,d1 and ,e of this title do not apply to title ,,iv of this ,act4 #eajc4 ,applicability to ,bureau of ,indian ,education operated schools ,for the purpose of any competitive program under this ,act-- 7#a7 a consortium of schools operated by the ,bureau of ,indian ,education2 7#b7 a school operated under a contract or grant with the ,bureau of ,indian ,education in consortium with another contract or grant school or a tribal or community organization2 or 7#c7 a ,bureau of ,indian ,education school in consortium with an institution of higher education1 a contract or grant school1 or a tribal or community organization1 shall be given the same consideration as a local educational agency4 ,b ,flexibility in the ,use of ,administrative and ,other ,funds #ebja4 ,consolidation of ,state administrative funds for elementary and secondary education programs 7a7 ,consolidation of administrative funds 7#a7 ,in general ,a ,state educational agency may consolidate the amounts specifically made available to it for ,state administration under one or more of the programs under paragraph 7#b74 7#b7 ,applicability ,this section applies to any program under this ,act under which funds are authorized to be used for administration1 and such other programs as the ,secretary may designate4 7b7 ,use of funds 7#a7 ,in general ,a ,state educational agency shall use the amount available under this section for the administration of the programs included in the consolidation under subsection 7a74 7#b7 ,additional uses ,a ,state educational agency may also use funds available under this section for administrative activities designed to enhance the effective and coordinated use of funds under programs included in the consolidation under subsection 7a71 such as-- 7,a7 the coordination of those programs with other ,federal and non-,federal programs2 7,b7 the establishment and operation of peer-review mechanisms under this ,act2 7,c7 the administration of this title2 7,d7 the dissemination of information regarding model programs and practices2 7,e7 technical assistance under any program under this ,act2 7,f7 ,state-level activities designed to carry out this title2 7,g7 training personnel engaged in audit and other monitoring activities2 and 7,h7 implementation of the ,cooperative ,audit ,resolution and ,oversight ,initiative of the ,department4 7c7 ,records ,a ,state educational agency that consolidates administrative funds under this section shall not be required to keep separate records1 by individual program1 to account for costs relating to the administration of programs included in the consolidation under subsection 7a74 7d7 ,review ,to determine the effectiveness of ,state administration under this section1 the ,secretary may periodically review the performance of ,state educational agencies in using consolidated administrative funds under this section and take such steps as the ,secretary finds appropriate to ensure the effectiveness of that administration4 7e7 ,unused administrative funds ,if a ,state educational agency does not use all of the funds available to the agency under this section for administration1 the agency may use those funds during the applicable period of availability as funds available under one or more programs included in the consolidation under subsection 7a74 7f7 ,consolidation of funds for standards and assessment development ,in order to develop ,state academic standards and assessments1 a ,state educational agency may consolidate the amounts described in subsection 7a7 for those purposes under title ,i4 #ebjb4 ,single local educational agency ,states ,a ,state educational agency that also serves as a local educational agency shall1 in its applications or plans under this ,act1 describe how the agency will eliminate duplication in conducting administrative functions4 #ebjc4 ,consolidated set-aside for ,department of the ,interior funds 7a7 ,general authority 7#a7 ,transfer ,the ,secretary shall transfer to the ,department of the ,interior1 as a consolidated amount for covered programs1 the ,indian education programs under subpart #f of part ,a of title ,i1 and the education for homeless children and youth program under subtitle ,b of title ,,vii of the ,mc,kinney-,vento ,homeless ,assistance ,act1 the amounts allotted to the ,department of the ,interior under those programs4 7#b7 ,agreement 7,a7 ,in general ,the ,secretary and the ,secretary of the ,interior shall enter into an agreement1 consistent with the requirements of the programs specified in paragraph 7#a71 for the distribution and use of those program funds under terms that the ,secretary determines best meet the purposes of those programs4 7,b7 ,contents ,the agreement shall-- 7i7 set forth the plans of the ,secretary of the ,interior for the use of the amount transferred and the achievement measures to assess program effectiveness2 and 7ii7 be developed in consultation with ,indian tribes4 7b7 ,administration ,the ,department of the ,interior may use not more than #a4e percent of the funds consolidated under this section for its costs related to the administration of the funds transferred under this section4 ,c ,coordination of ,programs2 ,consolidated ,state and ,local ,plans and ,applications #ecja4 ,purposes ,the purposes of this part are-- 7#a7 to improve teaching and learning by encouraging greater cross-program coordination1 planning1 and service delivery2 7#b7 to provide greater flexibility to ,state and local authorities through consolidated plans1 applications1 and reporting2 and 7#c7 to enhance the integration of programs under this ,act with ,state and local programs4 #ecjb4 ,optional consolidated ,state plans or applications 7a7 ,general authority 7#a7 ,simplification ,in order to simplify application requirements and reduce the burden for ,state educational agencies under this ,act1 the ,secretary1 in accordance with subsection 7b71 shall establish procedures and criteria under which1 after consultation with the ,governor1 a ,state educational agency may submit a consolidated ,state plan or a consolidated ,state application meeting the requirements of this section for-- 7,a7 each of the covered programs in which the ,state participates2 and 7,b7 such other programs as the ,secretary may designate4 7#b7 ,consolidated applications and plans ,after consultation with the ,governor1 a ,state educational agency that submits a consolidated ,state plan or a consolidated ,state application under this section shall not be required to submit separate ,state plans or applications under any of the programs to which the consolidated ,state plan or consolidated ,state application under this section applies4 7b7 ,collaboration 7#a7 ,in general ,in establishing criteria and procedures under this section1 the ,secretary shall collaborate with ,state educational agencies and1 as appropriate1 with other ,state agencies1 local educational agencies1 public and private agencies1 organizations1 and institutions1 private schools1 and parents1 students1 and teachers4 7#b7 ,contents ,through the collaborative process described in paragraph 7#a71 the ,secretary shall establish1 for each program under this ,act to which this section applies1 the descriptions1 information1 assurances1 and other material required to be included in a consolidated ,state plan or consolidated ,state application4 7#c7 ,necessary materials ,the ,secretary shall require only descriptions1 information1 assurances 7including assurances of compliance with applicable provisions regarding participation by private school children and teachers71 and other materials that are absolutely necessary for the consideration of the consolidated ,state plan or consolidated ,state application4 #ecjc4 ,consolidated reporting 7a7 ,in general ,in order to simplify reporting requirements and reduce reporting burdens1 the ,secretary shall establish procedures and criteria under which a ,state educational agency1 in consultation with the ,governor of the ,state1 may submit a consolidated ,state annual report4 7b7 ,contents ,the report shall contain information about the programs included in the report1 including the performance of the ,state under those programs1 and other matters as the ,secretary determines are necessary1 such as monitoring activities4 7c7 ,replacement ,the report shall replace separate individual annual reports for the programs included in the consolidated ,state annual report4 #ecjd4 ,general applicability of ,state educational agency assurances 7a7 ,assurances ,a ,state educational agency1 in consultation with the ,governor of the ,state1 that submits a consolidated ,state plan or consolidated ,state application under this ,act1 whether separately or under section #ecjb1 shall have on file with the ,secretary a single set of assurances1 applicable to each program for which the plan or application is submitted1 that provides that-- 7#a7 each such program will be administered in accordance with all applicable statutes1 regulations1 program plans1 and applications2 7#b7 7,a7 the control of funds provided under each such program and title to property acquired with program funds will be in a public agency1 an eligible private agency1 institution1 or organization1 or an ,indian tribe1 if the law authorizing the program provides for assistance to those entities2 and 7,b7 the public agency1 eligible private agency1 institution1 or organization1 or ,indian tribe will administer those funds and property to the extent required by the authorizing law2 7#c7 the ,state will adopt and use proper methods of administering each such program1 including-- 7,a7 the enforcement of any obligations imposed by law on agencies1 institutions1 organizations1 and other recipients responsible for carrying out each program2 7,b7 the correction of deficiencies in program operations that are identified through audits1 monitoring1 or evaluation2 and 7,c7 the adoption of written procedures for the receipt and resolution of complaints alleging violations of law in the administration of the programs2 7#d7 the ,state will cooperate in carrying out any evaluation of each such program conducted by or for the ,secretary or other ,federal officials2 7#e7 the ,state will use such fiscal control and fund accounting procedures that will ensure proper disbursement of1 and accounting for1 ,federal funds paid to the ,state under each such program2 7#f7 the ,state will-- 7,a7 make reports to the ,secretary as may be necessary to enable the ,secretary to perform the ,secretary's duties under each such program2 and 7,b7 maintain such records1 provide such information to the ,secretary1 and afford such access to the records as the ,secretary may find necessary to carry out the ,secretary's duties2 and 7#g7 before the plan or application was submitted to the ,secretary1 the ,state afforded a reasonable opportunity for public comment on the plan or application and considered such comment4 7b7 ,,gepa provision ,section #dda of the ,general ,education ,provisions ,act shall not apply to programs under this ,act4 #ecje4 ,consolidated local plans or applications 7a7 ,general authority 7#a7 ,consolidated plan ,a local educational agency receiving funds under more than one covered program may submit plans or applications to the ,state educational agency under those programs on a consolidated basis4 7#b7 ,availability to governor ,the ,state educational agency shall make any consolidated local plans and applications available to the ,governor4 7b7 ,required consolidated plans or applications ,a ,state educational agency that has an approved consolidated ,state plan or application under section #ecjb may require local educational agencies in the ,state receiving funds under more than one program included in the consolidated ,state plan or consolidated ,state application to submit consolidated local plans or applications under those programs1 but may not require those agencies to submit separate plans4 7c7 ,collaboration ,a ,state educational agency1 in consultation with the ,governor1 shall collaborate with local educational agencies in the ,state in establishing procedures for the submission of the consolidated ,state plans or consolidated ,state applications under this section4 7d7 ,necessary materials ,the ,state educational agency shall require only descriptions1 information1 assurances1 and other material that are absolutely necessary for the consideration of the local educational agency plan or application4 #ecjf4 ,other general assurances 7a7 ,assurances ,any applicant1 other than a ,state educational agency that submits a plan or application under this ,act1 shall have on file with the ,state educational agency a single set of assurances1 applicable to each program for which a plan or application is submitted1 that provides that-- 7#a7 each such program will be administered in accordance with all applicable statutes1 regulations1 program plans1 and applications2 7#b7 7,a7 the control of funds provided under each such program and title to property acquired with program funds will be in a public agency or in an eligible private agency1 institution1 organization1 or ,indian tribe1 if the law authorizing the program provides for assistance to those entities2 and 7,b7 the public agency1 eligible private agency1 institution1 or organization1 or ,indian tribe will administer the funds and property to the extent required by the authorizing statutes2 7#c7 the applicant will adopt and use proper methods of administering each such program1 including-- 7,a7 the enforcement of any obligations imposed by law on agencies1 institutions1 organizations1 and other recipients responsible for carrying out each program2 and 7,b7 the correction of deficiencies in program operations that are identified through audits1 monitoring1 or evaluation2 7#d7 the applicant will cooperate in carrying out any evaluation of each such program conducted by or for the ,state educational agency1 the ,secretary1 or other ,federal officials2 7#e7 the applicant will use such fiscal control and fund accounting procedures as will ensure proper disbursement of1 and accounting for1 ,federal funds paid to the applicant under each such program2 7#f7 the applicant will-- 7,a7 submit such reports to the ,state educational agency 7which shall make the reports available to the ,governor7 and the ,secretary as the ,state educational agency and ,secretary may require to enable the ,state educational agency and the ,secretary to perform their duties under each such program2 and 7,b7 maintain such records1 provide such information1 and afford such access to the records as the ,state educational agency 7after consultation with the ,governor7 or the ,secretary may reasonably require to carry out the ,state educational agency's or the ,secretary's duties2 and 7#g7 before the application was submitted1 the applicant afforded a reasonable opportunity for public comment on the application and considered such comment4 7b7 ,,gepa provision ,section #ddb of the ,general ,education ,provisions ,act shall not apply to programs under this ,act4 ,d ,waivers #edja4 ,waivers of statutory and regulatory requirements 7a7 ,in general 7#a7 ,request for waiver ,a ,state educational agency1 local educational agency1 or ,indian tribe that receives funds under a program authorized under this ,act may submit a request to the ,secretary to waive any statutory or regulatory requirement of this ,act4 7#b7 ,receipt of waiver ,except as provided in subsection 7c7 and subject to the limits in subsection 7b77#e77;,a71 the ,secretary shall waive any statutory or regulatory requirement of this ,act for a ,state educational agency1 local educational agency1 ,indian tribe1 or school 7through a local educational agency71 that submits a waiver request pursuant to this subsection4 7b7 ,plan 7#a7 ,in general ,a ,state educational agency1 local educational agency1 or ,indian tribe that desires a waiver under this section shall submit a waiver request to the ,secretary1 which shall include a plan that-- 7,a7 identifies the ,federal programs affected by the requested waiver2 7,b7 describes which ,federal statutory or regulatory requirements are to be waived2 7,c7 reasonably demonstrates that the waiver will improve instruction for students and advance student academic achievement2 7,d7 describes the methods the ,state educational agency1 local educational agency1 or ,indian tribe will use to monitor the effectiveness of the implementation of the plan2 and 7,e7 describes how schools will continue to provide assistance to the same populations served by programs for which the waiver is requested4 7#b7 ,additional information ,a waiver request under this section-- 7,a7 may provide for waivers of requirements applicable to ,state educational agencies1 local educational agencies1 ,indian tribes1 and schools2 and 7,b7 shall be developed and submitted-- 7i7 7,i7 by local educational agencies 7on behalf of those agencies and schools7 to ,state educational agencies2 and 7,,ii7 by ,state educational agencies 7on their own behalf1 or on behalf of1 and based on the requests of1 local educational agencies in the ,state7 to the ,secretary2 or 7ii7 by ,indian tribes 7on behalf of schools operated by the tribes7 to the ,secretary4 7#c7 ,general requirements 7,a7 ,state educational agencies ,in the case of a waiver request submitted by a ,state educational agency acting on its own behalf1 or on behalf of local educational agencies in the ,state1 the ,state educational agency shall-- 7i7 provide the public and local educational agencies in the ,state with notice and a reasonable opportunity to comment and provide input on the request2 7ii7 submit the comments and input to the ,secretary1 with a description of how the ,state addressed the comments and input2 and 7iii7 provide notice and a reasonable time to comment to the public and local educational agencies in the manner in which the applying agency customarily provides similar notice and opportunity to comment to the public4 7,b7 ,local educational agencies ,in the case of a waiver request submitted by a local educational agency that receives funds under this ,act-- 7i7 the request shall be reviewed by the ,state educational agency and be accompanied by the comments1 if any1 of the ,state educational agency and the public2 and 7ii7 notice and a reasonable opportunity to comment regarding the waiver request shall be provided to the ,state educational agency and the public by the agency requesting the waiver in the manner in which that agency customarily provides similar notice and opportunity to comment to the public4 7#d7 ,peer review 7,a7 ,establishment ,the ,secretary shall establish a multi-disciplinary peer review team1 which shall meet the requirements of section #eedc1 to review waiver requests under this section4 7,b7 ,applicability ,the ,secretary may approve a waiver request under this section without conducting a peer review of the request1 but shall use the peer review process under this paragraph before disapproving such a request4 7,c7 ,standard and nature of review ,peer reviewers shall conduct a good faith review of waiver requests submitted to them under this section4 ,peer reviewers shall review such waiver requests-- 7i7 in their totality2 7ii7 in deference to ,state and local judgment2 and 7iii7 with the goal of promoting ,state- and local-led innovation4 7#e7 ,waiver determination1 demonstration1 and revision 7,a7 ,in general ,the ,secretary shall approve a waiver request not more than #fj days after the date on which such request is submitted1 unless the ,secretary determines and demonstrates that-- 7i7 the waiver request does not meet the requirements of this section2 7ii7 the waiver is not permitted under subsection 7c72 7iii7 the plan that is required under paragraph 7#a77;,c71 and reviewed with deference to ,state and local judgment1 provides no reasonable evidence to determine that a waiver will enhance student academic achievement2 or 7iv7 the waiver request does not provide for adequate evaluation to ensure review and continuous improvement of the plan4 7,b7 ,waiver determination and revision ,if the ,secretary determines and demonstrates that the waiver request does not meet the requirements of this section1 the ,secretary shall-- 7i7 immediately-- 7,i7 notify the ,state educational agency1 local educational agency1 or ,indian tribe of such determination2 and 7,,ii7 at the request of the ,state educational agency1 local educational agency1 or ,indian tribe1 provide detailed reasons for such determination in writing2 7ii7 offer the ,state educational agency1 local educational agency1 or ,indian tribe an opportunity to revise and resubmit the waiver request not more than #fj days after the date of such determination2 and 7iii7 if the ,secretary determines that the resubmission does not meet the requirements of this section1 at the request of the ,state educational agency1 local educational agency1 or ,indian tribe1 conduct a public hearing not more than #cj days after the date of such resubmission4 7,c7 ,waiver disapproval ,the ,secretary may disapprove a waiver request if-- 7i7 the ,state educational agency1 local educational agency1 or ,indian tribe has been notified and offered an opportunity to revise and resubmit the waiver request1 as described under clauses 7i7 and 7ii7 of subparagraph 7,b72 and 7ii7 the ,state educational agency1 local educational agency1 or ,indian tribe-- 7,i7 does not revise and resubmit the waiver request2 or 7,,ii7 revises and resubmits the waiver request1 and the ,secretary determines that such waiver request does not meet the requirements of this section after a hearing conducted under subparagraph 7,b77iii71 if requested4 7,d7 ,external conditions ,the ,secretary shall not1 directly or indirectly1 require or impose new or additional requirements in exchange for receipt of a waiver if such requirements are not specified in this ,act4 7c7 ,restrictions ,the ,secretary shall not waive under this section any statutory or regulatory requirements relating to-- 7#a7 the allocation or distribution of funds to ,states1 local educational agencies1 ,indian tribes1 or other recipients of funds under this ,act2 7#b7 comparability of services2 7#c7 use of ,federal funds to supplement1 not supplant1 non-,federal funds2 7#d7 equitable participation of private school students and teachers2 7#e7 parental participation and involvement2 7#f7 applicable civil rights requirements2 7#g7 the prohibitions-- 7,a7 in subpart #b of part ,e2 7,b7 regarding use of funds for religious worship or instruction in section #eeje2 and 7,c7 regarding activities in section #eebd2 or 7#h7 the selection of a school attendance area or school under subsections 7a7 and 7b7 of section #aaac1 except that the ,secretary may grant a waiver to allow a school attendance area or school to participate in activities under subpart #a of part ,a of title ,i if the percentage of children from low-income families in the school attendance area or who attend the school is not more than #aj percentage points below the lowest percentage of those children for any school attendance area or school of the local educational agency that meets the requirements of subsections 7a7 and 7b7 of section #aaac4 7d7 ,duration and extension of waiver2 limitations 7#a7 ,in general ,except as provided in paragraph 7#b71 a waiver approved by the ,secretary under this section may be for a period not to exceed #c years4 7#b7 ,extension ,the ,secretary may extend the period described in paragraph 7#a7 if the ,state demonstrates that-- 7,a7 the waiver has been effective in enabling the ,state or affected recipient to carry out the activities for which the waiver was requested and the waiver has contributed to improved student achievement2 and 7,b7 the extension is in the public interest4 7#c7 ,specific limitations ,the ,secretary shall not require a ,state educational agency1 local educational agency1 or ,indian tribe1 as a condition of approval of a waiver request1 to-- 7,a7 include in1 or delete from1 such request1 specific academic standards1 such as the ,common ,core ,state ,standards developed under the ,common ,core ,state ,standards ,initiative or any other standards common to a significant number of ,states2 7,b7 use specific academic assessment instruments or items1 including assessments aligned to the standards described in subparagraph 7,a72 or 7,c7 include in1 or delete from1 such waiver request any criterion that specifies1 defines1 describes1 or prescribes the standards or measures that a ,state or local educational agency or ,indian tribe uses to establish1 implement1 or improve-- 7i7 ,state academic standards2 7ii7 academic assessments2 7iii7 ,state accountability systems2 or 7iv7 teacher and school leader evaluation systems4 7e7 ,reports 7#a7 ,waiver reports ,a ,state educational agency1 local educational agency1 or ,indian tribe that receives a waiver under this section shall1 at the end of the second year for which a waiver is received under this section and each subsequent year1 submit a report to the ,secretary that-- 7,a7 describes the uses of the waiver by the agency or by schools2 7,b7 describes how schools continued to provide assistance to the same populations served by the programs for which waivers were granted2 and 7,c7 evaluates the progress of the agency and schools1 or ,indian tribe1 in improving the quality of instruction or the academic achievement of students4 7#b7 ,report to ,congress ,the ,secretary shall annually submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate a report-- 7,a7 summarizing the uses of waivers by ,state educational agencies1 local educational agencies1 ,indian tribes1 and schools2 and 7,b7 describing the status of the waivers in improving academic achievement4 7f7 ,termination of waivers ,the ,secretary shall terminate a waiver under this section if the ,secretary determines1 after notice and an opportunity for a hearing1 that the performance of the ,state or other recipient affected by the waiver has been inadequate to justify a continuation of the waiver and the recipient of the waiver has failed to make revisions needed to carry out the purpose of the waiver1 or if the waiver is no longer necessary to achieve its original purpose4 7g7 ,publication ,a notice of the ,secretary's decision to grant each waiver under subsection 7a7 shall be published in the ,federal ,register and the ,secretary shall provide for the dissemination of the notice to ,state educational agencies1 interested parties1 including educators1 parents1 students1 advocacy and civil rights organizations1 and the public4 ,e ,uniform ,provisions #a ,private ,schools #eeja4 ,participation by private school children and teachers 7a7 ,private school participation 7#a7 ,in general ,except as otherwise provided in this ,act1 to the extent consistent with the number of eligible children in areas served by a ,state educational agency1 local educational agency1 educational service agency1 consortium of those agencies1 or another entity receiving financial assistance under a program specified in subsection 7b71 who are enrolled in private elementary schools and secondary schools in areas served by such agency1 consortium1 or entity1 the agency1 consortium1 or entity shall1 after timely and meaningful consultation with appropriate private school officials or their representatives1 provide to those children and their teachers or other educational personnel1 on an equitable basis1 special educational services or other benefits that address their needs under the program4 7#b7 ,secular1 neutral1 and nonideological services or benefits ,educational services or other benefits1 including materials and equipment1 provided under this section1 shall be secular1 neutral1 and nonideological4 7#c7 ,special rule ,educational services and other benefits provided under this section for private school children1 teachers1 and other educational personnel shall be equitable in comparison to services and other benefits for public school children1 teachers1 and other educational personnel participating in the program and shall be provided in a timely manner4 7#d7 ,expenditures 7,a7 ,in general ,expenditures for educational services and other benefits to eligible private school children1 teachers1 and other service personnel shall be equal to the expenditures for participating public school children1 taking into account the number and educational needs1 of the children to be served4 7,b7 ,obligation of funds ,funds allocated to a local educational agency for educational services and other benefits to eligible private school children shall-- 7i7 be obligated in the fiscal year for which the funds are received by the agency2 and 7ii7 with respect to any such funds that cannot be so obligated1 be used to serve such children in the following fiscal year4 7,c7 ,notice of allocation ,each ,state educational agency shall-- 7i7 determine1 in a timely manner1 the proportion of funds to be allocated to each local educational agency in the ,state for educational services and other benefits under this subpart to eligible private school children2 and 7ii7 provide notice1 simultaneously1 to each such local educational agency and the appropriate private school officials or their representatives in the ,state of such allocation of funds4 7#e7 ,provision of services ,an agency1 consortium1 or entity described in subsection 7a77#a7 of this section may provide those services directly or through contracts with public and private agencies1 organizations1 and institutions4 7b7 ,applicability 7#a7 ,in general ,this section applies to programs under-- 7,a7 subpart #b of part ,a of title ,i2 7,b7 subpart #d of part ,a of title ,i2 7,c7 part ,a of title ,,ii2 7,d7 part ,b of title ,,ii2 and 7,e7 part ,b of title ,,iii4 7#b7 ,definition ,for the purpose of this section1 the term eligible children means children eligible for services under a program described in paragraph 7#a74 7c7 ,consultation 7#a7 ,in general ,to ensure timely and meaningful consultation1 a ,state educational agency1 local educational agency1 educational service agency1 consortium of those agencies1 or entity shall consult1 in order to reach an agreement1 with appropriate private school officials or their representatives during the design and development of the programs under this ,act1 on issues such as-- 7,a7 how the children's needs will be identified2 7,b7 what services will be offered2 7,c7 how1 where1 and by whom the services will be provided2 7,d7 how the services will be assessed and how the results of the assessment will be used to improve those services2 7,e7 the size and scope of the equitable services to be provided to the eligible private school children1 teachers1 and other educational personnel and the amount of funds available for those services2 7,f7 how and when the agency1 consortium1 or entity will make decisions about the delivery of services1 including a thorough consideration and analysis of the views of the private school officials or their representatives on the provision of services through potential third-party providers or contractors2 and 7,g7 how1 if the agency disagrees with the views of the private school officials or their representatives on the provision of services through a contract1 the local educational agency will provide in writing to such private school officials or their representatives an analysis of the reasons why the local educational agency has chosen not to use a contractor4 7#b7 ,disagreement ,if the agency1 consortium1 or entity disagrees with the views of the private school officials or their representatives with respect to an issue described in paragraph 7#a71 the agency1 consortium1 or entity shall provide to the private school officials or their representatives a written explanation of the reasons why the local educational agency has chosen not to adopt the course of action requested by such officials or their representatives4 7#c7 ,timing ,the consultation required by paragraph 7#a7 shall occur before the agency1 consortium1 or entity makes any decision that affects the opportunities of eligible private school children1 teachers1 and other educational personnel to participate in programs under this ,act1 and shall continue throughout the implementation and assessment of activities under this section4 7#d7 ,discussion required ,the consultation required by paragraph 7#a7 shall include a discussion of service delivery mechanisms that the agency1 consortium1 or entity could use to provide equitable services to eligible private school children1 teachers1 administrators1 and other staff4 7#e7 ,documentation ,each local educational agency shall maintain in the agency's records and provide to the ,state educational agency involved a written affirmation signed by officials or their representatives of each participating private school that the meaningful consultation required by this section has occurred4 ,the written affirmation shall provide the option for private school officials or their representatives to indicate that timely and meaningful consultation has not occurred or that the program design is not equitable with respect to eligible private school children4 ,if such officials or their representatives do not provide such affirmation within a reasonable period of time1 the local educational agency shall forward the documentation that such consultation has1 or attempts at such consultation have1 taken place to the ,state educational agency4 7#f7 ,compliance 7,a7 ,in general ,if the consultation required under this section is with a local educational agency or educational service agency1 a private school official or representative shall have the right to file a complaint with the ,state educational agency that the consultation required under this section was not meaningful and timely1 did not give due consideration to the views of the private school official or representative1 or did not treat the private school or its students equitably as required by this section4 7,b7 ,procedure ,if the private school official or representative wishes to file a complaint1 the private school official or representative shall provide the basis of the noncompliance with this section and all parties shall provide the appropriate documentation to the appropriate officials or representatives4 7,c7 ,services ,a ,state educational agency shall provide services under this section directly or through contracts with public and private agencies1 organizations1 and institutions1 if-- 7i7 the appropriate private school officials or their representatives have-- 7,i7 requested that the ,state educational agency provide such services directly2 and 7,,ii7 demonstrated that the local educational agency or ,education ,service ,agency involved has not met the requirements of this section2 or 7ii7 in a case in which-- 7,i7 a local educational agency has more than #aj1jjj children from low-income families who attend private elementary schools or secondary schools in such agency's school attendance areas1 as defined in section #aaac7;a77#b77;,a71 that are not being served by the agency's program under this section2 or 7,,ii7 #ij percent of the eligible private school students in a school attendance area1 as defined in section #aaac7;a77#b77;,a71 are not being served by the agency's program under this section4 7d7 ,public control of funds 7#a7 ,in general ,the control of funds used to provide services under this section1 and title to materials1 equipment1 and property purchased with those funds1 shall be in a public agency for the uses and purposes provided in this ,act1 and a public agency shall administer the funds and property4 7#b7 ,provision of services 7,a7 ,in general ,the provision of services under this section shall be provided-- 7i7 by employees of a public agency2 or 7ii7 through contract by the public agency with an individual1 association1 agency1 organization1 or other entity4 7,b7 ,independence2 public agency ,in the provision of those services1 the employee1 person1 association1 agency1 organization1 or other entity shall be independent of the private school and of any religious organization1 and the employment or contract shall be under the control and supervision of the public agency4 7,c7 ,commingling of funds prohibited ,funds used to provide services under this section shall not be commingled with non-,federal funds4 #eejb4 ,standards for by-pass 7a7 ,in general ,if1 by reason of any provision of law1 a ,state educational agency1 local educational agency1 educational service agency1 consortium of those agencies1 or other entity is prohibited from providing for the participation in programs of children enrolled in1 or teachers or other educational personnel from1 private elementary schools and secondary schools1 on an equitable basis1 or if the ,secretary determines that the agency1 consortium1 or entity has substantially failed or is unwilling to provide for that participation1 as required by section #eeja1 the ,secretary shall-- 7#a7 waive the requirements of that section for the agency1 consortium1 or entity2 and 7#b7 arrange for the provision of equitable services to those children1 teachers1 or other educational personnel through arrangements that shall be subject to the requirements of this section and of sections #eeja1 #eejc1 and #eejd4 7b7 ,determination ,in making the determination under subsection 7a71 the ,secretary shall consider one or more factors1 including the quality1 size1 scope1 and location of the program1 and the opportunity of private school children1 teachers1 and other educational personnel to participate in the program4 #eejc4 ,complaint process for participation of private school children 7a7 ,procedures for complaints ,the ,secretary shall develop and implement written procedures for receiving1 investigating1 and resolving complaints from parents1 teachers1 or other individuals and organizations concerning violations of section #eeja by a ,state educational agency1 local educational agency1 educational service agency1 consortium of those agencies1 or entity4 ,the individual or organization shall submit the complaint to the ,state educational agency for a written resolution by the ,state educational agency within #de days4 7b7 ,appeals to ,secretary ,the resolution may be appealed by an interested party to the ,secretary not later than #cj days after the ,state educational agency resolves the complaint or fails to resolve the complaint within the #de-;day time limit4 ,the appeal shall be accompanied by a copy of the ,state educational agency's resolution1 and1 if there is one1 a complete statement of the reasons supporting the appeal4 ,the ,secretary shall investigate and resolve the appeal not later than #ij days after receipt of the appeal4 #b ,prohibitions #eeba4 ,prohibition against ,federal mandates1 direction1 or control 7a7 ,in general ,no officer or employee of the ,federal ,government shall1 directly or indirectly1 through grants1 contracts1 or other cooperative agreements1 mandate1 direct1 or control a ,state1 local educational agency1 or school's specific instructional content1 academic standards and assessments1 curricula1 or program of instruction1 7including any requirement1 direction1 or mandate to adopt the ,common ,core ,state ,standards developed under the ,common ,core ,state ,standards ,initiative or any other academic standards common to a significant number of ,states71 nor shall anything in this ,act be construed to authorize such officer or employee to do so4 7b7 ,financial support ,no officer or employee of the ,federal ,government shall1 directly or indirectly1 through grants1 contracts1 or other cooperative agreements1 make financial support available in a manner that is conditioned upon a ,state1 local educational agency1 or school's adoption of specific instructional content1 academic standards and assessments1 curriculum1 or program of instruction1 7including any requirement1 direction1 or mandate to adopt the ,common ,core ,state ,standards developed under the ,common ,core ,state ,standards ,initiative1 any other academic standards common to a significant number of ,states1 or any assessment1 instructional content1 or curriculum aligned to such standards71 even if such requirements are specified in an ,act other than this ,act1 nor shall anything in this ,act be construed to authorize such officer or employee to do so4 #eebb4 ,prohibitions on ,federal ,government and use of ,federal funds 7a7 ,general prohibition ,nothing in this ,act shall be construed to authorize an officer or employee of the ,federal ,government directly or indirectly1 whether through a grant1 contract1 or cooperative agreement1 to mandate1 direct1 or control a ,state1 local educational agency1 or school's curriculum1 program of instruction1 or allocation of ,state or local resources1 or mandate a ,state or any subdivision thereof to spend any funds or incur any costs not paid for under this ,act4 7b7 ,prohibition on endorsement of curriculum ,notwithstanding any other prohibition of ,federal law1 no funds provided to the ,department under this ,act may be used by the ,department directly or indirectly - whether through a grant1 contract1 or cooperative agreement - to endorse1 approve1 develop1 require1 or sanction any curriculum1 including any curriculum aligned to the ,common ,core ,state ,standards developed under the ,common ,core ,state ,standards ,initiative or any other academic standards common to a significant number of ,states1 designed to be used in an elementary school or secondary school4 7c7 ,local control ,nothing in this ,act shall be construed to-- 7#a7 authorize an officer or employee of the ,federal ,government directly or indirectly - whether through a grant1 contract1 or cooperative agreement - to mandate1 direct1 review1 or control a ,state1 local educational agency1 or school's instructional content1 curriculum1 and related activities2 7#b7 limit the application of the ,general ,education ,provisions ,act2 7#c7 require the distribution of scientifically or medically false or inaccurate materials or to prohibit the distribution of scientifically or medically true or accurate materials2 or 7#d7 create any legally enforceable right4 7d7 ,prohibition on requiring ,federal approval or certification of standards ,notwithstanding any other provision of ,federal law1 no ,state shall be required to have academic standards approved or certified by the ,federal ,government1 in order to receive assistance under this ,act4 7e7 ,rule of construction on building standards ,nothing in this ,act shall be construed to mandate national school building standards for a ,state1 local educational agency1 or school4 #eebc4 ,prohibition on federally sponsored testing 7a7 ,general prohibition ,notwithstanding any other provision of ,federal law and except as provided in subsection 7b71 no funds provided under this ,act to the ,secretary or to the recipient of any award may be used to develop1 pilot test1 field test1 implement1 administer1 or distribute any federally sponsored national test or testing materials in reading1 mathematics1 or any other subject1 unless specifically and explicitly authorized by law4 7b7 ,exceptions ,subsection 7a7 shall not apply to international comparative assessments developed under the authority of section #aec7;a77#e7 of the ,education ,sciences ,reform ,act of #bjjb and administered to only a representative sample of pupils in the ,united ,states and in foreign nations4 #eebd4 ,limitations on national testing or certification for teachers 7a7 ,mandatory national testing or certification of teachers ,notwithstanding any other provision of this ,act or any other provision of law1 no funds available to the ,department or otherwise available under this ,act may be used for any purpose relating to a mandatory nationwide test or certification of teachers or education paraprofessionals1 including any planning1 development1 implementation1 or administration of such test or certification4 7b7 ,prohibition on withholding funds ,the ,secretary is prohibited from withholding funds from any ,state educational agency or local educational agency if the ,state educational agency or local educational agency fails to adopt a specific method of teacher or paraprofessional certification4 #eebe4 ,prohibited uses of funds ,no funds under this ,act may be used-- 7#a7 for construction1 renovation1 or repair of any school facility1 except as authorized under title ,,iv or otherwise authorized under this ,act2 7#b7 for medical services1 drug treatment or rehabilitation1 except for specialized instructional support services or referral to treatment for students who are victims of1 or witnesses to1 crime or who illegally use drugs2 7#c7 for transportation unless otherwise authorized under this ,act2 7#d7 to develop or distribute materials1 or operate programs or courses of instruction directed at youth1 that are designed to promote or encourage sexual activity1 whether homosexual or heterosexual2 7#e7 to distribute or to aid in the distribution by any organization of legally obscene materials to minors on school grounds2 7#f7 to provide sex education or ,,hiv-prevention education in schools unless that instruction is age appropriate and includes the health benefits of abstinence2 or 7#g7 to operate a program of contraceptive distribution in schools4 #eebi4 ,prohibition regarding ,state aid ,a ,state shall not take into consideration payments under this ,act 7other than under title ,,iv7 in determining the eligibility of any local educational agency in that ,state for ,state aid1 or the amount of ,state aid1 with respect to free public education of children4 #c ,other ,provisions #eeda4 ,armed forces recruiter access to students and student recruiting information 7a7 ,policy 7#a7 ,access to student recruiting information ,notwithstanding section #ddd7;a77#e77;,b7 of the ,general ,education ,provisions ,act1 each local educational agency receiving assistance under this ,act shall provide1 upon a request made by a military recruiter or an institution of higher education1 access to the name1 address1 and telephone listing of each secondary school student served by the local educational agency1 unless the parent of such student has submitted the prior consent request under paragraph 7#b74 7#b7 ,consent 7,a7 ,opt-out process ,a parent of a secondary school student may submit a written request1 to the local educational agency1 that the student's name1 address1 and telephone listing not be released for purposes of paragraph 7#a7 without prior written consent of the parent4 ,upon receiving such request1 the local educational agency may not release the student's name1 address1 and telephone listing for such purposes without the prior written consent of the parent4 7,b7 ,notification of opt-out process ,each local educational agency shall notify the parents of the students served by the agency of the option to make a request described in subparagraph 7,a74 7#c7 ,same access to students ,each local educational agency receiving assistance under this ,act shall provide military recruiters the same access to secondary school students as is provided generally to institutions of higher education or to prospective employers of those students4 7#d7 ,rule of construction prohibiting opt-in processes ,nothing in this subsection shall be construed to allow a local educational agency to withhold access to a student's name1 address1 and telephone listing from a military recruiter or institution of higher education by implementing an opt-in process or any other process other than the written consent request process under paragraph 7#b77;,a74 7#e7 ,parental consent ,for purposes of this subsection1 whenever a student has attained #ah years of age1 the permission or consent required of and the rights accorded to the parents of the student shall only be required of and accorded to the student4 7b7 ,notification ,the ,secretary1 in consultation with the ,secretary of ,defense1 shall1 not later than #abj days after the date of enactment of the ,student ,success ,act1 notify school leaders1 school administrators1 and other educators about the requirements of this section4 7c7 ,exception ,the requirements of this section do not apply to a private secondary school that maintains a religious objection to service in the ,armed ,forces if the objection is verifiable through the corporate or other organizational documents or materials of that school4 #eedb4 ,rulemaking ,the ,secretary shall issue regulations under this ,act as prescribed under section #adja only to the extent that such regulations are necessary to ensure that there is compliance with the specific requirements and assurances required by this ,act4 #eedc4 ,peer review 7a7 ,in general ,if the ,secretary uses a peer review panel to evaluate an application for any program required under this ,act1 the ,secretary shall conduct the panel in accordance with this section4 7b7 ,makeup ,the ,secretary shall-- 7#a7 solicit nominations for peers to serve on the panel from ,states that are-- 7,a7 practitioners in the subject matter2 or 7,b7 experts in the subject matter2 and 7#b7 select the peers from such nominees1 except that there shall be at least #ge percent practitioners on each panel and in each group formed from the panel4 7c7 ,guidance ,the ,secretary shall issue the peer review guidance concurrently with the notice of the grant4 7d7 ,reporting ,the ,secretary shall-- 7#a7 make the names of the peer reviewers available to the public before the final deadline for the application of the grant2 7#b7 make the peer review notes publically available once the review has concluded2 and 7#c7 make any deviations from the peer reviewers' recommendations available to the public with an explanation of the deviation4 7e7 ,applicant reviews ,an applicant shall have an opportunity within #cj days to review the peer review notes and appeal the score to the ,secretary prior to the ,secretary making any final determination4 7f7 ,prohibition ,the ,secretary1 and the ,secretary's staff1 may not attempt to participate in1 or influence1 the peer review process4 ,no ,federal employee may participate in1 or attempt to influence the peer review process1 except to respond to questions of a technical nature1 which shall be publicly reported4 #eedd4 ,parental consent ,upon receipt of written notification from the parents or legal guardians of a student1 the local educational agency shall withdraw such student from any program funded under part ,b of title ,,iii4 ,the local educational agency shall make reasonable efforts to inform parents or legal guardians of the content of such programs or activities funded under this ,act1 other than classroom instruction4 #eedh4 ,severability ,if any provision of this ,act is held invalid1 the remainder of this ,act shall be unaffected thereby4 #eeea4 ,department staff ,the ,secretary shall-- 7#a7 not later than #fj days after the date of the enactment of the ,student ,success ,act1 identify the number of ,department employees who worked on or administered each education program and project authorized under this ,act1 as such program or project was in effect on the day before such enactment date1 and publish such information on the ,department's website2 7#b7 not later than #fj days after such enactment date1 identify the number of full-time equivalent employees who work on or administer programs or projects authorized under this ,act1 as in effect on the day before such enactment date1 that have been eliminated or consolidated since such date2 7#c7 not later than #a year after such enactment date1 reduce the workforce of the ,department by the number of full-time equivalent employees the ,department calculated under paragraph 7#b72 and 7#d7 not later than #a year after such enactment date1 report to the ,congress on-- 7,a7 the number of employees associated with each program or project authorized under this ,act administered by the ,department2 7,b7 the number of full-time equivalent employees who were determined to be associated with eliminated or consolidated programs or projects under paragraph 7#b72 and 7,c7 how the ,secretary reduced the number of employees at the ,department under paragraph 7#c74 ,f ,evaluations #efja4 ,evaluations 7a7 ,reservation of funds ,except as provided in subsections 7c7 and 7d71 the ,secretary may reserve not more than #j4e percent of the amount appropriated to carry out each categorical program authorized under this ,act4 ,the reserved amounts shall be used by the ,secretary1 acting through the ,director of the ,institute of ,education ,sciences-- 7#a7 to conduct-- 7,a7 comprehensive evaluations of the program or project2 and 7,b7 studies of the effectiveness of the program or project and its administrative impact on schools and local educational agencies2 7#b7 to evaluate the aggregate short- and long-term effects and cost efficiencies across ,federal programs assisted or authorized under this ,act and related ,federal preschool1 elementary1 and secondary programs under any other ,federal law2 and 7#c7 to increase the usefulness of evaluations of grant recipients in order to ensure the continuous progress of the program or project by improving the quality1 timeliness1 efficiency1 and use of information relating to performance under the program or project4 7b7 ,required plan ,the ,secretary1 acting through the ,director of the ,institute of ,education ,sciences1 may use the reserved amount under subsection 7a7 only after completion of a comprehensive1 multi-year plan-- 7#a7 for the periodic evaluation of each of the major categorical programs authorized under this ,act1 and as resources permit1 the smaller categorical programs authorized under this ,act2 7#b7 that shall be developed and implemented with the involvement of other officials at the ,department1 as appropriate2 and 7#c7 that shall not be finalized until-- 7,a7 the publication of a notice in the ,federal ,register seeking public comment on such plan and after review by the ,secretary of such comments2 and 7,b7 the plan is submitted for comment to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and after review by the ,secretary of such comments4 7c7 ,title ,i excluded ,the ,secretary may not reserve under subsection 7a7 funds appropriated to carry out any program authorized under title ,i4 7d7 ,evaluation activities authorized elsewhere ,if1 under any other provision of this ,act 7other than title ,i71 funds are authorized to be reserved or used for evaluation activities with respect to a program or project1 the ,secretary may not reserve additional funds under this section for the evaluation of that program or project4 4 7b7 ,technical amendments 7#a7 ,title ,,ix 7,a7 ,subpart #a of part ,e of title ,v 7i7 ,transfer and ,redesignation ,sections #iejd through #iejf 7#bj ,u4,s4,c4 #ghhd2 #ghhe2 #ghhf7 are-- 7,i7 transferred to title ,v1 as amended by subsection 7a7 of this section2 7,,ii7 inserted after section #eejc of such title2 and 7,,iii7 redesignated as sections #eejd through #eejf1 respectively4 7ii7 ,amendments ,section #eejd 7as so redesignated7 is amended-- 7,i7 in subsection 7a77#a77;,a71 by striking section #iejb and inserting section #eejb2 7,,ii7 in subsection 7b71 by striking section #ieja and inserting section #eeja2 and 7,,iii7 in subsection 7d71 by striking ,no ,child ,left ,behind ,act of #bjja and inserting ,student ,success ,act4 7,b7 ,subpart #b of part ,e of title ,v 7i7 ,transfer and ,redesignation ,sections #ieca1 #iecc1 and #iecd 7#bj ,u4,s4,c4 #giaa2 #giac2 #giad7 are-- 7,i7 transferred to title ,v1 as amended by subparagraph 7,a7 of this paragraph2 7,,ii7 inserted after section #eebe of such title2 and 7,,iii7 redesignated as sections #eebf through #eebh1 respectively4 7ii7 ,amendments ,section #eebh 7as so redesignated7 is amended-- 7,i7 by striking 7a7 ,in general4--,nothing and inserting ,nothing2 and 7,,ii7 by striking subsection 7b74 7,c7 ,subpart #c of part ,e of title ,v ,sections #iebc1 #iebd1 and #iebe 7#bj ,u4,s4,c4 #gijc2 #gijd2 #gije7 are-- 7i7 transferred to title ,v1 as amended by subparagraph 7,b7 of this paragraph2 7ii7 inserted after section #eedd of such title2 and 7iii7 redesignated as sections #eede through #eedg1 respectively4 7#b7 ,title ,,iv ,sections #dada and #daee 7#bj ,u4,s4,c4 #gaea2 #gafa7 are-- 7,a7 transferred to title ,v1 as amended by paragraph 7#a7 of this subsection2 7,b7 inserted after section #eedh 7as so redesignated by paragraph 7#a77;,c77iii7 of this subsection72 and 7,c7 redesignated as sections #eedi and #eeej1 respectively4 #ejb4 ,repeal ,title ,,ix 7#bj ,u4,s4,c4 #ghja et seq471 as amended by section #eja7;b77#a7 of this title1 is repealed4 #ejc4 ,other laws ,beginning on the date of the enactment of this ,act1 any reference in law to the term 8highly qualified0 as defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife shall be treated as a reference to such term under section #iaja of the ,elementary and ,secondary ,education ,act of #aife as in effect on the day before the date of the enactment of this ,act4 #ejd4 ,amendment to ,,idea ,section #fjb of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja7 is amended by striking paragraph 7#aj74 ,,vi ,repeal #fja4 ,repeal of title ,,vi ,the ,act is amended by striking title ,,vi 7#bj ,u4,s4,c4 #gcja et seq47 ,,vii ,homeless ,education #gja4 ,statement of policy ,section #gba of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadca7 is amended-- 7#a7 by amending paragraph 7#b7 to read as follows3 7#b7 ,in any ,state where compulsory residency requirements or other requirements1 laws1 regulations1 practices1 or policies may act as a barrier to the identification1 enrollment1 attendance1 or success in school of homeless children and youths1 the ,state and local educational agencies will review and undertake steps to revise such laws1 regulations1 practices1 or policies to ensure that homeless children and youths are afforded the same free1 appropriate public education as is provided to other children and youths4 2 7#b7 in paragraph 7#c71 by striking alone2 and 7#c7 in paragraph 7#d71 by striking challenging ,state student academic achievement and inserting ,state academic4 #gjb4 ,grants for ,state and local activities for the education of homeless children and youths ,section #gbb of such ,act 7#db ,u4,s4,c4 #aadcb7 is amended-- 7#a7 in subsection 7a71 by striking 7g74 and inserting 7h742 7#b7 by striking subsection 7b72 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a77;,a7-- 7i7 in clause 7i71 by adding or at the end2 7ii7 in clause 7ii71 by striking 2 or at the end and inserting a period2 and 7iii7 by striking clause 7iii72 and 7,b7 by striking paragraph 7#c72 7#d7 in subsection 7d7-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,grants and inserting ,grant funds from a grant made to a ,state2 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,to provide services and activities to improve the identification of homeless children 7including preschool-aged homeless children and youths7 that enable such children and youths to enroll in1 attend1 and succeed in school1 or1 if appropriate1 in preschool programs4 2 7,c7 in paragraph 7#c71 by inserting before the period at the end the following3 that can sufficiently carry out the duties described in this subtitle2 7,d7 by amending paragraph 7#e7 to read as follows3 7#e7 ,to develop and implement professional development programs for liaisons designated under subsection 7g77#a77;,j77ii7 and other local educational agency personnel-- 7,a7 to improve their identification of homeless children and youths2 and 7,b7 to heighten their awareness of1 and capacity to respond to1 specific needs in the education of homeless children and youths4 4 7#e7 in subsection 7e7-- 7,a7 in paragraph 7#a7-- 7i7 by striking sums and inserting grant funds2 and 7ii7 by inserting a ,state under subsection 7a7 to after each year to2 7,b7 in paragraph 7#b71 by striking funds made available for ,state use under this subtitle and inserting the grant funds remaining after the ,state educational agency distributes subgrants under paragraph 7#a72 and 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,c77iv77,,ii71 by striking sections #aaaa and #aaaf and inserting section #aaaa2 7ii7 in subparagraph 7,f7-- 7,i7 in clause 7i7-- 7aa7 in the matter preceding subclause 7,i71 by striking a report and inserting an annual report2 7bb7 by striking and at the end of subclause 7,,ii72 7cc7 by striking the period at the end of subclause 7,,iii7 and inserting 2 and2 and 7dd7 by adding at the end the following3 7,,iv7 the progress the separate schools are making in helping all students meet the ,state academic standards4 2 and 7,,ii7 in clause 7iii71 by striking ,not later than #b years after the date of enactment of the ,mc,kinney-,vento ,homeless ,education ,assistance ,improvements ,act of #bjja1 the and inserting ,the2 7#f7 by amending subsection 7f7 to read as follows3 7f7 ,functions of the ,office of ,coordinator ,the ,coordinator for ,education of ,homeless ,children and ,youths established in each ,state shall-- 7#a7 gather and make publically available reliable1 valid1 and comprehensive information on-- 7,a7 the number of homeless children and youths identified in the ,state1 posted annually on the ,state educational agency's website2 7,b7 the nature and extent of the problems homeless children and youths have in gaining access to public preschool programs and to public elementary schools and secondary schools2 7,c7 the difficulties in identifying the special needs and barriers to the participation and achievement of such children and youths2 7,d7 any progress made by the ,state educational agency and local educational agencies in the ,state in addressing such problems and difficulties2 and 7,e7 the success of the programs under this subtitle in identifying homeless children and youths and allowing such children and youths to enroll in1 attend1 and succeed in1 school2 7#b7 develop and carry out the ,state plan described in subsection 7g72 7#c7 collect data for and transmit to the ,secretary1 at such time and in such manner as the ,secretary may require1 a report containing information necessary to assess the educational needs of homeless children and youths within the ,state1 including data necessary for the ,secretary to fulfill the responsibilities under section #gbd7;h72 7#d7 in order to improve the provision of comprehensive education and related support services to homeless children and youths and their families1 coordinate and collaborate with-- 7,a7 educators1 including teachers1 special education personnel1 administrators1 and child development and preschool program personnel2 7,b7 providers of services to homeless children and youths and their families1 including services of public and private child welfare and social services agencies1 law enforcement agencies1 juvenile and family courts1 agencies providing mental health services1 domestic violence agencies1 child care providers1 runaway and homeless youth centers1 and providers of services and programs funded under the ,runaway and ,homeless ,youth ,act 7#db ,u4,s4,c4 #egja et seq472 7,c7 providers of emergency1 transitional1 and permanent housing to homeless children and youths1 and their families1 including public housing agencies1 shelter operators1 operators of transitional housing facilities1 and providers of transitional living programs for homeless youths2 7,d7 local educational agency liaisons designated under subsection 7g77#a77;,j77ii7 for homeless children and youths2 and 7,e7 community organizations and groups representing homeless children and youths and their families2 7#e7 provide technical assistance to local educational agencies1 in coordination with local educational agency liaisons designated under subsection 7g77#a77;,j77ii71 to ensure that local educational agencies comply with the requirements of subsection 7e77#c71 paragraphs 7#c7 through 7#g7 of subsection 7g71 and subsection 7h72 7#f7 provide professional development opportunities for local educational agency personnel and the homeless liaison designated under subsection 7g77#a77;,j77ii7 to assist such personnel in meeting the needs of homeless children and youths2 and 7#g7 respond to inquiries from parents and guardians of homeless children and youths and unaccompanied youths to ensure that each child or youth who is the subject of such an inquiry receives the full protections and services provided by this subtitle4 2 7#g7 by amending subsection 7g7 to read as follows3 7g7 ,state plan 7#a7 ,in general ,in order to be eligible to receive a grant under this section1 each ,state educational agency shall submit to the ,secretary a plan to provide for the education of homeless children and youths within the ,state that includes the following3 7,a7 ,a description of how such children and youths are 7or will be7 given the opportunity to meet the same ,state academic standards that all students are expected to meet4 7,b7 ,a description of the procedures the ,state educational agency will use to identify such children and youths in the ,state and to assess their needs4 7,c7 ,a description of procedures for the prompt resolution of disputes regarding the educational placement of homeless children and youths4 7,d7 ,a description of programs for school personnel 7including liaisons1 school leaders1 attendance officers1 teachers1 enrollment personnel1 and specialized instructional support personnel7 to heighten the awareness of such personnel of the specific needs of homeless adolescents1 including runaway and homeless youths4 7,e7 ,a description of procedures that ensure that homeless children and youths who meet the relevant eligibility criteria are able to participate in ,federal1 ,state1 or local nutrition programs4 7,f7 ,a description of procedures that ensure that-- 7i7 homeless children have equal access to public preschool programs1 administered by the ,state educational agency or local educational agency1 as provided to other children in the ,state2 7ii7 homeless youths and youths separated from public schools are identified and accorded equal access to appropriate secondary education and support services2 and 7iii7 homeless children and youth who meet the relevant eligibility criteria are able to participate in ,federal1 ,state1 or local education programs4 7,g7 ,strategies to address problems identified in the report provided to the ,secretary under subsection 7f77#c74 7,h7 ,strategies to address other problems with respect to the education of homeless children and youths1 including problems resulting from enrollment delays that are caused by-- 7i7 immunization and other health records requirements2 7ii7 residency requirements2 7iii7 lack of birth certificates1 school records1 or other documentation2 7iv7 guardianship issues2 or 7v7 uniform or dress code requirements4 7,i7 ,a demonstration that the ,state educational agency and local educational agencies in the ,state have developed1 and shall review and revise1 policies to remove barriers to the identification1 enrollment1 and retention of homeless children and youths in schools in the ,state4 7,j7 ,assurances that the following will be carried out3 7i7 ,the ,state educational agency and local educational agencies in the ,state will adopt policies and practices to ensure that homeless children and youths are not stigmatized or segregated on the basis of their status as homeless4 7ii7 ,local educational agencies will designate an appropriate staff person1 who may also be a coordinator for other ,federal programs1 as a local educational agency liaison for homeless children and youths1 to carry out the duties described in paragraph 7#f77;,a74 7iii7 ,the ,state and its local educational agencies will adopt policies and practices to ensure that transportation is provided1 at the request of the parent or guardian 7or in the case of an unaccompanied youth1 the liaison71 to and from the school of origin1 as determined in paragraph 7#c77;,a71 in accordance with the following1 as applicable3 7,i7 ,if the child or youth continues to live in the area served by the local educational agency in which the school of origin is located1 the child's or youth's transportation to and from the school of origin shall be provided or arranged by the local educational agency in which the school of origin is located4 7,,ii7 ,if the child's or youth's living arrangements in the area served by the local educational agency of origin terminate and the child or youth1 though continuing his or her education in the school of origin1 begins living in an area served by another local educational agency1 the local educational agency of origin and the local educational agency in which the child or youth is living shall agree upon a method to apportion the responsibility and costs for providing the child with transportation to and from the school of origin4 ,if the local educational agencies are unable to agree upon such method1 the responsibility and costs for transportation shall be shared equally4 7#b7 ,compliance 7,a7 ,in general ,each plan adopted under this subsection shall also describe how the ,state will ensure that local educational agencies in the ,state will comply with the requirements of paragraphs 7#c7 through 7#g74 7,b7 ,coordination ,such plan shall indicate what technical assistance the ,state will furnish to local educational agencies and how compliance efforts will be coordinated with the local educational agency liaisons designated under paragraph 7#a77;,j77ii74 7#c7 ,local educational agency requirements 7,a7 ,in general ,the local educational agency serving each child or youth to be assisted under this subtitle shall1 according to the child's or youth's best interest-- 7i7 continue the child's or youth's education in the school of origin for the duration of homelessness-- 7,i7 in any case in which a family becomes homeless between academic years or during an academic year2 or 7,,ii7 for the remainder of the academic year1 if the child or youth becomes permanently housed during an academic year2 or 7ii7 enroll the child or youth in any public school that nonhomeless students who live in the attendance area in which the child or youth is actually living are eligible to attend4 7,b7 ,school stability ,in determining the best interest of the child or youth under subparagraph 7,a71 the local educational agency shall-- 7i7 presume that keeping the child or youth in the school of origin is in the child or youth's best interest1 except when doing so is contrary to the wishes of the child's or youth's parent or guardian1 or the unaccompanied youth2 7ii7 consider student-centered factors related to the child's or youth's best interest1 including factors related to the impact of mobility on achievement1 education1 health1 and safety of homeless children and youth1 giving priority to the wishes of the homeless child's or youth's parent of guardian or the unaccompanied youth involved2 7iii7 if1 after conducting the best interest determination based on consideration of the presumption in clause 7i7 and the student-centered factors in clause 7ii71 the local educational agency determines that it is not in the child's or youth's best interest to attend the school of origin or the school requested by the parent1 guardian1 or unaccompanied youth1 provide the child's or youth's parent or guardian or the unaccompanied youth with a written explanation of the reasons for its determination1 in a manner and form understandable to such parent1 guardian1 or unaccompanied youth1 including information regarding the right to appeal under subparagraph 7,e72 and 7iv7 in the case of an unaccompanied youth1 ensure that the homeless liaison designated under paragraph 7#a77;,j77ii7 assists in placement or enrollment decisions under this subparagraph1 gives priority to the views of such unaccompanied youth1 and provides notice to such youth of the right to appeal under subparagraph 7,e74 7,c7 ,enrollment 7i7 ,in general ,the school selected in accordance with this paragraph shall immediately enroll the homeless child or youth1 even if the child or youth-- 7,i7 is unable to produce records normally required for enrollment1 such as previous academic records1 records of immunization and other required health records1 proof of residency1 or other documentation2 or 7,,ii7 has missed application or enrollment deadlines during any period of homelessness4 7ii7 ,relevant academic records ,the enrolling school shall immediately contact the school last attended by the child or youth to obtain relevant academic and other records4 7iii7 ,relevant health records ,if the child or youth needs to obtain immunizations or other required health records1 the enrolling school shall immediately refer the parent or guardian of the child or youth1 or the unaccompanied child or youth1 to the local educational agency liaison designated under paragraph 7#a77;,j77ii71 who shall assist in obtaining necessary immunizations or screenings1 or immunization or other required health records1 in accordance with subparagraph 7,d74 7,d7 ,records ,any record ordinarily kept by the school1 including immunization or other required health records1 academic records1 birth certificates1 guardianship records1 and evaluations for special services or programs1 regarding each homeless child or youth shall be maintained-- 7i7 so that the records involved are available1 in a timely fashion1 when a child or youth enters a new school or school district2 and 7ii7 in a manner consistent with section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g74 7,e7 ,enrollment disputes ,if a dispute arises over school selection or enrollment in a school-- 7i7 the child or youth shall be immediately enrolled in the school in which enrollment is sought1 pending final resolution of the dispute1 including all available appeals2 7ii7 the parent1 guardian1 or unaccompanied youth shall be provided with a written explanation of any decisions made by the school1 the local educational agency1 or the ,state educational agency involved1 including the rights of the parent1 guardian1 or youth to appeal such decisions2 7iii7 the parent1 guardian1 or unaccompanied youth shall be referred to the local educational agency liaison designated under paragraph 7#a77;,j77ii71 who shall carry out the dispute resolution process as described in paragraph 7#a77;,c7 as expeditiously as possible after receiving notice of the dispute2 and 7iv7 in the case of an unaccompanied youth1 the liaison shall ensure that the youth is immediately enrolled in school in which the youth seeks enrollment pending resolution of such dispute4 7,f7 ,placement choice ,the choice regarding placement shall be made regardless of whether the child or youth lives with the homeless parents or has been temporarily placed elsewhere4 7,g7 ,school of origin defined 7i7 ,in general ,in this paragraph1 the term school of origin means the school that a child or youth attended when permanently housed or the school in which the child or youth was last enrolled4 7ii7 ,receiving school ,when the child or youth completes the final grade level served by the school of origin1 as described in clause 7i71 the term 8school of origin0 shall include the designated receiving school at the next grade level for all feeder schools4 7,h7 ,contact information ,nothing in this subtitle shall prohibit a local educational agency from requiring a parent or guardian of a homeless child to submit contact information4 7,i7 ,privacy ,information about a homeless child's or youth's living situation shall be treated as a student education record under section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g7 and shall not be released to housing providers1 employers1 law enforcement personnel1 or other persons or agencies not authorized to have such information under section #ii4ca of title #cd1 ,code of ,federal ,regulations4 7,j7 ,academic achievement ,the school selected in accordance with this paragraph shall ensure that homeless children and youth have opportunities to meet the same ,state academic standards to which other students are held4 7#d7 ,comparable services ,each homeless child or youth to be assisted under this subtitle shall be provided services comparable to services offered to other students in the school selected under paragraph 7#c71 including the following3 7,a7 ,transportation services4 7,b7 ,educational services for which the child or youth meets the eligibility criteria1 such as services provided under title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq47 or similar ,state or local programs1 educational programs for children with disabilities1 and educational programs for ,english learners4 7,c7 ,programs in career and technical education4 7,d7 ,programs for gifted and talented students4 7,e7 ,school nutrition programs4 7#e7 ,coordination 7,a7 ,in general ,each local educational agency serving homeless children and youths that receives assistance under this subtitle shall coordinate-- 7i7 the provision of services under this subtitle with local social services agencies and other agencies or entities providing services to homeless children and youths and their families1 including services and programs funded under the ,runaway and ,homeless ,youth ,act 7#db ,u4,s4,c4 #egja et seq472 and 7ii7 transportation1 transfer of school records1 and other interdistrict activities1 with other local educational agencies4 7,b7 ,housing assistance ,if applicable1 each ,state educational agency and local educational agency that receives assistance under this subtitle shall coordinate with ,state and local housing agencies responsible for developing the comprehensive housing affordability strategy described in section #aje of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgje7 to minimize educational disruption for children and youths who become homeless4 7,c7 ,coordination purpose ,the coordination required under subparagraphs 7,a7 and 7,b7 shall be designed to-- 7i7 ensure that all homeless children and youths are promptly identified2 7ii7 ensure that homeless children and youths have access to1 and are in reasonable proximity to1 available education and related support services2 and 7iii7 raise the awareness of school personnel and service providers of the effects of short-term stays in a shelter and other challenges associated with homelessness4 7,d7 ,homeless children and youths with disabilities ,for children and youth who are to be assisted both under this subtitle1 and under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq47 or section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 each local educational agency shall coordinate the provision of services under this subtitle with the provision of programs for children with disabilities served by that local educational agency and other involved local educational agencies4 7#f7 ,local educational agency liaison 7,a7 ,duties ,each local educational agency liaison for homeless children and youths1 designated under paragraph 7#a77;,j77ii71 shall ensure that-- 7i7 homeless children and youths are identified by school personnel through outreach and coordination activities with other entities and agencies2 7ii7 homeless children and youths are enrolled in1 and have a full and equal opportunity to succeed in1 schools of that local educational agency2 7iii7 homeless families1 children1 and youths have access to and receive educational services for which such families1 children1 and youths are eligible1 including services through ,head ,start1 ,early ,head ,start1 early intervention1 and preschool programs administered by the local educational agency2 7iv7 homeless families1 children1 and youths receive referrals to health care services1 dental services1 mental health and substances abuse services1 housing services1 and other appropriate services2 7v7 the parents or guardians of homeless children and youths are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children2 7vi7 public notice of the educational rights of homeless children and youths is disseminated in locations frequented by parents or guardians of such children and youths1 and unaccompanied youths1 including schools1 shelters1 public libraries1 and soup kitchens in a manner and form understandable to the parents and guardians of homeless children and youths1 and unaccompanied youths2 7vii7 enrollment disputes are mediated in accordance with paragraph 7#c77;,e72 7viii7 the parent or guardian of a homeless child or youth1 and any unaccompanied youth1 is fully informed of all transportation services1 including transportation to the school of origin1 as described in paragraph 7#a77;,j77iii71 and is assisted in accessing transportation to the school that is selected under paragraph 7#c77;,a72 7ix7 school personnel providing services under this subtitle receive professional development and other support2 and 7x7 unaccompanied youths-- 7,i7 are enrolled in school2 7,,ii7 have opportunities to meet the same ,state academic standards to which other students are held1 including through implementation of the policies and practices required by paragraph 7#a77;,f77ii72 and 7,,iii7 are informed of their status as independent students under section #dhj of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgvv7 and receive verification of such status for purposes of the ,free ,application for ,federal ,student ,aid described in section #dhc of such ,act 7#bj ,u4,s4,c4 #ajij74 7,b7 ,notice ,state coordinators established under subsection 7d77#c7 and local educational agencies shall inform school personnel1 service providers1 advocates working with homeless families1 parents and guardians of homeless children and youths1 and homeless children and youths of the duties of the local educational agency liaisons1 including publishing an annually updated list of the liaisons on the ,state educational agency's website4 7,c7 ,local and ,state coordination ,local educational agency liaisons for homeless children and youths shall1 as a part of their duties1 coordinate and collaborate with ,state coordinators and community and school personnel responsible for the provision of education and related services to homeless children and youths4 ,such coordination shall include collecting and providing to the ,state ,coordinator the reliable1 valid1 and comprehensive data needed to meet the requirements of paragraphs 7#a7 and 7#c7 of subsection 7f74 7#g7 ,review and revisions 7,a7 ,in general ,each ,state educational agency and local educational agency that receives assistance under this subtitle shall review and revise any policies that may act as barriers to the enrollment of homeless children and youths in schools that are selected under paragraph 7#c74 7,b7 ,consideration ,in reviewing and revising such policies1 consideration shall be given to issues concerning transportation1 immunization1 residency1 birth certificates1 school records and other documentation1 and guardianship4 7,c7 ,special attention ,special attention shall be given to ensuring the enrollment and attendance of homeless children and youths who are not currently attending school4 2 7#h7 in subsection 7h77#a77;,a71 by striking fiscal year #bjji1 and inserting fiscal years #bjad through #bjai12 and 7#i7 in subsection 7h77#d71 by striking fiscal year #bjji and inserting fiscal years #bjad through #bjai4 #gjc4 ,local educational agency subgrants for the education of homeless children and youths ,section #gbc of such ,act 7#db ,u4,s4,c4 #aadcc7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking facilitating the enrollment1 and inserting facilitating the identification1 enrollment12 7,b7 in paragraph 7#b77;,a7-- 7i7 by adding and at the end of clause 7i72 7ii7 by striking 2 and and inserting a period at the end of clause 7ii72 and 7iii7 by striking clause 7iii72 and 7,c7 by adding at the end the following3 7#d7 ,duration of grants ,subgrants awarded under this section shall be for terms of not to exceed #c years4 2 7#b7 in subsection 7b7-- 7,a7 by striking paragraph 7#c7 and redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#c7 and 7#d71 respectively2 and 7,b7 by adding at the end the following3 7#e7 ,an assurance that the local educational agency will collect and promptly provide data requested by the ,state ,coordinator pursuant to paragraphs 7#a7 and 7#c7 of section #gbb7;f74 7#f7 ,an assurance that the local educational agency has removed barriers to complying with the requirements of section #gbb7;g77#a77;,i74 2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking #gbf and inserting #gbb7;a72 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by inserting identification1 before enrollment2 7ii7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,the extent to which the application reflects coordination with other local and ,state agencies that serve homeless children and youths4 2 and 7iii7 in subparagraph 7,c71 by inserting 7as of the date of submission of the application7 after current practice2 7,c7 in paragraph 7#c7-- 7i7 by amending subparagraph 7,c7 to read as follows3 7,c7 ,the extent to which the applicant will promote meaningful involvement of parents or guardians of homeless children or youths in the education of their children4 2 7ii7 in subparagraph 7,d71 by striking within and inserting into2 7iii7 in subparagraph 7,g7-- 7,i7 by striking ,such and inserting ,the extent to which the applicant's program meets such2 and 7,,ii7 by striking case management or related2 7iv7 by redesignating subparagraph 7,g7 as subparagraph 7,i7 and inserting after subparagraph 7,f7 the following3 7,g7 ,the extent to which the local educational agency will use the subgrant to leverage resources1 including by maximizing nonsubgrant funding for the position of the liaison described in section #gbb7;g77#a77;,j77ii7 and the provision of transportation4 7,h7 ,how the local educational agency uses funds to serve homeless children and youths under section #aaac7;c77#c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcac7;c77#c774 2 and 7v7 by adding at the end the following3 7,j7 ,an assurance that the applicant will meet the requirements of section #gbb7;g77#c74 2 and 7,d7 by striking paragraph 7#d74 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 by striking challenging ,state academic content standards and inserting ,state academic standards2 and 7ii7 by striking and challenging ,state student academic achievement standards2 7,b7 in paragraph 7#b7-- 7i7 by striking students with limited ,english proficiency1 and inserting ,english learners1 2 and 7ii7 by striking vocational and inserting career2 7,c7 in paragraph 7#c71 by striking pupil services and inserting specialized instructional support2 7,d7 in paragraph 7#g71 by striking 1 and unaccompanied youths1 and inserting 1 particularly homeless children and youths who are not enrolled in school12 7,e7 in paragraph 7#i7 by striking medical and inserting other required health2 7,f7 in paragraph 7#aj71 by inserting before the period at the end 1 and other activities designed to increase the meaningful involvement of parents or guardians of homeless children or youths in the education of their children2 7,g7 in paragraph 7#ab71 by striking pupil and inserting specialized instructional support2 and 7,h7 in paragraph 7#ac71 by inserting before the period at the end and parental mental health or substance abuse problems4 #gjd4 ,secretarial responsibilities ,section #gbd of such ,act 7#db ,u4,s4,c4 #aadcd7 is amended-- 7#a7 by amending subsection 7c7 to read as follows3 7c7 ,notice 7#a7 ,in general ,the ,secretary shall1 before the next school year that begins after the date of the enactment of the ,student ,success ,act1 update and disseminate nationwide the public notice described in this subsection 7as in effect prior to such date7 of the educational rights of homeless children and youths4 7#b7 ,dissemination ,the ,secretary shall disseminate the notice nationally to all ,federal agencies1 program grantees1 and grant recipients serving homeless families1 children1 and youths4 2 7#b7 in subsection 7d71 by striking and dissemination and inserting 1 dissemination1 and technical assistance2 7#c7 in subsection 7e7-- 7,a7 by striking applications for grants under this subtitle and inserting plans for the use of grant funds under section #gbb2 7,b7 by striking #fj-;day and inserting #abj-;day2 and 7,c7 by striking #abj-;day and inserting #ahj-;day2 7#d7 in subsection 7f71 by adding at the end the following3 ,the ,secretary shall provide support and technical assistance to ,state educational agencies in areas in which barriers to a free appropriate public education persist42 7#e7 by amending subsection 7g7 to read as follows3 7g7 ,guidelines ,the ,secretary shall develop1 issue1 and publish in the ,federal ,register1 not later than #fj days after the date of the enactment of the ,student ,success ,act1 strategies by which a ,state-- 7#a7 may assist local educational agencies to implement the provisions amended by the ,act2 and 7#b7 can review and revise ,state policies and procedures that may present barriers to the identification1 enrollment1 attendance1 and success of homeless children and youths in school4 2 7#f7 in subsection 7h77#a77;,a71 by inserting in all areas served by local educational agencies before the semicolon at the end2 and 7#g7 in subsection 7i71 by striking ,mc,kinney-,vento ,homeless ,education ,assistance ,improvements ,act of #bjja and inserting ,student ,success ,act4 #gje4 ,definitions ,section #gbe of such ,act 7#db ,u4,s4,c4 #aadcd;a7 is amended-- 7#a7 in paragraph 7#b77;,b77iv71 by striking #acji and inserting #aaci and 7#b7 in paragraph 7#c71 by striking #iaja and inserting #eaja #gjf4 ,authorization of appropriations ,section #gbf of such ,act 7#db ,u4,s4,c4 #aadce7 is amended to read as follows3 #gbf4 ,authorization of appropriations ,for the purpose of carrying out this subtitle1 there are authorized to be appropriated #fa1gga1jjj for each of fiscal years #bjad through #bjai4 4 ,july #aa1 #bjac ,reported from the ,committee on ,education and the ,workforce with an amendment ,july #aa1 #bjac ,the ,committee on ,financial ,services discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed