S. 1101 — Introduced in Senate

II 113th CONGRESS 1st Session S. 1101 IN THE SENATE OF THE UNITED STATES June 6, 2013 Mr. Alexander (for himself, Mr. Burr, Mr. Isakson, Mr. Hatch, Mr. Roberts, Mr. Kirk, and Mr. Enzi) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Elementary and Secondary Education Act of 1965 to ensure that every child is ready for college or a career. 1. Short title This Act may be cited as the Every Child Ready for College or Career Act of 2013. 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Statement of purpose. Sec. 5. Table of contents of the Elementary and Secondary Education Act of 1965. TITLE I—Improving basic programs operated by State and local educational agencies Sec. 101. Statement of purpose. Sec. 102. Authorization of appropriations. Sec. 103. School improvement and State administration. Sec. 104. Basic program requirements. Sec. 105. Participation of children enrolled in private schools. Sec. 106. Title I funds follow the low-income child State option. Sec. 107. Academic assessments. Sec. 108. Evaluations. Sec. 109. Demonstrations of innovative practices. Sec. 110. General provisions. Sec. 111. National assessment of educational progress. TITLE II—High-quality teachers and principals Sec. 201. High-quality teachers and principals. TITLE III—Safe and healthy students Sec. 301. General provisions. TITLE IV—Empowering parents through quality charter schools Sec. 401. Purpose. Sec. 402. Program authorized. Sec. 403. Grants to support high-quality charter schools. Sec. 404. Facilities financing assistance. Sec. 405. National activities. Sec. 406. Records transfer. Sec. 407. Definitions. Sec. 408. Authorization of appropriations. Sec. 409. General provisions. TITLE V—State innovation and flexibility Sec. 501. Purposes. Sec. 502. Transferability of funds. Sec. 503. Waivers of statutory and regulatory requirements. Sec. 504. Maintenance of effort. Sec. 505. Plan approval process. TITLE VI—Extensions of authorizations Sec. 601. English learners and immigrant students. Sec. 602. Magnet school assistance. Sec. 603. Rural education achievement program. Sec. 604. Indian, Native Hawaiian, and Alaska Native Education. Sec. 605. Impact aid. Sec. 606. McKinney-Vento Homeless Assistance. 3. References Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). 4. Statement of purpose The purpose of this Act is to restore freedom to parents, teachers, principals, Governors, and local communities so that they can improve their local public schools. 5. Table of contents of the Elementary and Secondary Education Act of 1965 Section 2 is amended to read as follows: 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED Sec. 1001. Statement of purpose. Sec. 1002. Authorization of appropriations. Sec. 1003. State administration. Part A—Improving Basic Programs Operated by Local Educational Agencies Subpart 1—Basic Program Requirements Sec. 1111. State plans. Sec. 1112. Local educational agency plans. Sec. 1113. Eligible school attendance areas; schoolwide programs; targeted assistance programs. Sec. 1114. School identification and assistance. Sec. 1115. Reserved. Sec. 1116. Reserved. Sec. 1117. Reserved. Sec. 1118. Parental involvement. Sec. 1119. Qualifications for teachers and paraprofessionals. Sec. 1120. Participation of children enrolled in private schools. Sec. 1120A. Fiscal requirements. Sec. 1120B. Coordination requirements. Subpart 2—Allocations Sec. 1121. Grants for the outlying areas and the Secretary of the Interior. Sec. 1122. Allocations to States. Sec. 1124. Basic grants to local educational agencies. Sec. 1124A. Concentration grants to local educational agencies. Sec. 1125. Targeted grants to local educational agencies. Sec. 1125AA. Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 2001. Sec. 1125A. Education finance incentive grant program. Sec. 1126. Special allocation procedures. Sec. 1127. Carryover and waiver. Sec. 1128. Title I funds follow the low-income child State option. Part B—Academic assessments Sec. 1201. Grants for State assessments and related activities. Sec. 1202. Grants for enhanced assessment instruments. Sec. 1203. Funding. Part C—Education of Migratory Children Sec. 1301. Program purpose. Sec. 1302. Program authorized. Sec. 1303. State allocations. Sec. 1304. State applications; services. Sec. 1305. Secretarial approval; peer review. Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities. Sec. 1307. Bypass. Sec. 1308. Coordination of migrant education activities. Sec. 1309. Definitions. Part D—Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk Sec. 1401. Purpose and program authorization. Sec. 1402. Payments for programs under this part. Subpart 1—State Agency Programs Sec. 1411. Eligibility. Sec. 1412. Allocation of funds. Sec. 1413. State reallocation of funds. Sec. 1414. State plan and State agency applications. Sec. 1415. Use of funds. Sec. 1416. Institution-wide projects. Sec. 1417. Three-year programs or projects. Sec. 1418. Transition services. Sec. 1419. Evaluation; technical assistance; annual model program. Subpart 2—Local Agency Programs Sec. 1421. Purpose. Sec. 1422. Programs operated by local educational agencies. Sec. 1423. Local educational agency applications. Sec. 1424. Uses of funds. Sec. 1425. Program requirements for correctional facilities receiving funds under this section. Sec. 1426. Accountability. Subpart 3—General Provisions Sec. 1431. Program evaluations. Sec. 1432. Definitions. Part E—National Assessment of Title I Sec. 1501. Evaluations. Part F—General Provisions Sec. 1601. Federal regulations. Sec. 1602. Agreements and records. Sec. 1603. State administration. Sec. 1604. Local educational agency spending audits. Sec. 1605. Prohibition against Federal mandates, direction, or control. Sec. 1606. Rule of construction on equalized spending. Sec. 1607. State report on dropout data. TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS AND PRINCIPALS Sec. 2101. Purpose. Sec. 2102. Definitions. Sec. 2103. Authorizations of appropriations. Part A—Fund for the improvement of teaching and learning Sec. 2104. Formula grants to States. Sec. 2105. Subgrants to local educational agencies. Sec. 2106. Local use of funds. Sec. 2107. Reporting. Sec. 2108. National activities of demonstrated effectiveness. Sec. 2109. Prohibition against Federal mandates, direction, or control. Sec. 2110. Supplement, not supplant. Part B—Teacher incentive fund Sec. 2201. Purposes; definitions. Sec. 2202. Teacher incentive fund grants. Sec. 2203. Reports and evaluations. Sec. 2204. Reservation of funds. TITLE III—LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND IMMIGRANT STUDENTS Sec. 3001. Authorizations of appropriations; condition on effectiveness of parts. Part A—English Language Acquisition, Language Enhancement, and Academic Achievement Act Sec. 3101. Short title. Sec. 3102. Purposes. Subpart 1—Grants and Subgrants for English Language Acquisition and Language Enhancement Sec. 3111. Formula grants to States. Sec. 3112. Native American and Alaska Native children in school. Sec. 3113. State and specially qualified agency plans. Sec. 3114. Within-State allocations. Sec. 3115. Subgrants to eligible entities. Sec. 3116. Local plans. Subpart 2—Accountability and Administration Sec. 3121. Evaluations. Sec. 3122. Achievement objectives and accountability. Sec. 3123. Reporting requirements. Sec. 3124. Coordination with related programs. Sec. 3125. Rules of construction. Sec. 3126. Legal authority under State law. Sec. 3127. Civil rights. Sec. 3128. Programs for Native Americans and Puerto Rico. Sec. 3129. Prohibition. Subpart 3—National Activities Sec. 3131. National professional development project. Subpart 4—Definitions Sec. 3141. Eligible entity. Part B—Improving Language Instruction Educational Programs Sec. 3201. Short title. Sec. 3202. Purpose. Sec. 3203. Native American children in school. Sec. 3204. Residents of the territories and freely associated States. Subpart 1—Program Development and Enhancement Sec. 3211. Financial assistance for language instruction educational programs. Sec. 3212. Program enhancement activities. Sec. 3213. Comprehensive school and systemwide improvement activities. Sec. 3214. Applications. Sec. 3215. Capacity building. Sec. 3216. Programs for Native Americans and Puerto Rico. Sec. 3217. Evaluations. Sec. 3218. Construction. Subpart 2—Research, Evaluation, and Dissemination Sec. 3221. Authority. Sec. 3222. Research. Sec. 3223. Academic excellence awards. Sec. 3224. State grant program. Sec. 3225. Instruction materials development. Subpart 3—Professional Development Sec. 3231. Professional development grants. Subpart 4—Emergency Immigrant Education Program Sec. 3241. Purpose. Sec. 3242. State administrative costs. Sec. 3243. Withholding. Sec. 3244. State allotments. Sec. 3245. State applications. Sec. 3246. Administrative provisions. Sec. 3247. Uses of funds. Sec. 3248. Reports. Subpart 5—Administration Sec. 3251. Release time. Sec. 3252. Notification. Sec. 3253. Coordination and reporting requirements. Part C—General Provisions Sec. 3301. Definitions. Sec. 3302. Parental notification. Sec. 3303. National Clearinghouse. Sec. 3304. Regulations. TITLE IV—SAFE AND HEALTHY STUDENTS Sec. 4101. Purpose. Sec. 4102. Definitions. Sec. 4103. Formula grants to States. Sec. 4104. Subgrants to local educational agencies. Sec. 4105. Local educational agency authorized activities. Sec. 4106. Supplement, not supplant. Sec. 4107. Prohibited use of funds. Sec. 4108. Authorization of appropriations. TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS Part A—Public Charter Schools Sec. 5201. Purpose. Sec. 5202. Program authorized. Sec. 5203. Grants to support high-quality charter schools. Sec. 5204. Facilities financing assistance. Sec. 5205. National activities. Sec. 5206. Federal formula allocation during first year and for successive enrollment expansions. Sec. 5207. Solicitation of input from charter school operators. Sec. 5208. Records transfer. Sec. 5209. Paperwork reduction. Sec. 5210. Definitions. Sec. 5211. Authorization of appropriations. Part B—Magnet Schools Assistance Sec. 5301. Findings and purpose. Sec. 5302. Definition. Sec. 5303. Program authorized. Sec. 5304. Eligibility. Sec. 5305. Applications and requirements. Sec. 5306. Priority. Sec. 5307. Use of funds. Sec. 5308. Prohibition. Sec. 5309. Limitations. Sec. 5310. Evaluations. Sec. 5311. Authorization of appropriations; reservation. TITLE VI—FLEXIBILITY AND ACCOUNTABILITY Part A—Improving Academic Achievement Subpart 1—Accountability Sec. 6111. Grants for State assessments and related activities. Sec. 6112. Grants for enhanced assessment instruments. Sec. 6113. Funding. Subpart 2—Funding Transferability for State and Local Educational Agencies Sec. 6121. Short title. Sec. 6122. Purpose. Sec. 6123. Transferability of funds. Subpart 3—State and Local Flexibility Demonstration Sec. 6131. Short title. Sec. 6132. Purpose. Sec. 6133. General provision. CHAPTER A—STATE FLEXIBILITY AUTHORITY Sec. 6141. State flexibility. Sec. 6142. Consolidation and use of funds. Sec. 6143. Performance review and penalties. Sec. 6144. Renewal of grant of flexibility authority. CHAPTER B—LOCAL FLEXIBILITY DEMONSTRATION Sec. 6151. Local flexibility demonstration agreements. Sec. 6152. Consolidation and use of funds. Sec. 6153. Limitations on administrative expenditures. Sec. 6154. Performance review and penalties. Sec. 6155. Renewal of local flexibility demonstration agreement. Sec. 6156. Reports. Subpart 4—State Accountability for Adequate Yearly Progress Sec. 6161. Accountability for adequate yearly progress. Sec. 6162. Peer review. Sec. 6163. Technical assistance. Sec. 6164. Report to Congress. Part B—Rural Education Initiative Sec. 6201. Short title. Sec. 6202. Purpose. Subpart 1—Small, Rural School Achievement Program Sec. 6211. Use of applicable funding. Sec. 6212. Grant program authorized. Sec. 6213. Accountability. Subpart 2—Rural and Low-Income School Program Sec. 6221. Program authorized. Sec. 6222. Uses of funds. Sec. 6223. Applications. Sec. 6224. Accountability. Subpart 3—General Provisions Sec. 6231. Annual average daily attendance determination. Sec. 6232. Supplement, not supplant. Sec. 6233. Rule of construction. Sec. 6234. Authorization of appropriations. Part C—General Provisions Sec. 6301. Prohibition against Federal mandates, direction, or control. Sec. 6302. Rule of construction on equalized spending. TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION Part A—Indian Education Sec. 7101. Statement of policy. Sec. 7102. Purpose. Subpart 1—Formula Grants to Local Educational Agencies Sec. 7111. Purpose. Sec. 7112. Grants to local educational agencies and tribes. Sec. 7113. Amount of grants. Sec. 7114. Applications. Sec. 7115. Authorized services and activities. Sec. 7116. Integration of services authorized. Sec. 7117. Student eligibility forms. Sec. 7118. Payments. Sec. 7119. State educational agency review. Subpart 2—Special Programs and Projects To Improve Educational Opportunities for Indian Children Sec. 7121. Improvement of educational opportunities for Indian children. Sec. 7122. Professional development for teachers and education professionals. Subpart 3—National Activities Sec. 7131. National research activities. Sec. 7132. In-service training for teachers of Indian children. Sec. 7133. Fellowships for Indian students. Sec. 7134. Gifted and talented Indian students. Sec. 7135. Grants to tribes for education administrative planning and development. Sec. 7136. Improvement of educational opportunities for adult Indians. Subpart 4—Federal Administration Sec. 7141. National Advisory Council on Indian Education. Sec. 7142. Peer review. Sec. 7143. Preference for Indian applicants. Sec. 7144. Minimum grant criteria. Subpart 5—Definitions; Authorizations of Appropriations Sec. 7151. Definitions. Sec. 7152. Authorizations of appropriations. Part B—Native Hawaiian Education Sec. 7201. Short title. Sec. 7202. Findings. Sec. 7203. Purposes. Sec. 7204. Native Hawaiian Education Council and island councils. Sec. 7205. Program authorized. Sec. 7206. Administrative provisions. Sec. 7207. Definitions. Part C—Alaska Native Education Sec. 7301. Short title. Sec. 7302. Findings. Sec. 7303. Purposes. Sec. 7304. Program authorized. Sec. 7305. Administrative provisions. Sec. 7306. Definitions. TITLE VIII—IMPACT AID Sec. 8001. Purpose. Sec. 8002. Payments relating to Federal acquisition of real property. Sec. 8003. Payments for eligible federally connected children. Sec. 8004. Policies and procedures relating to children residing on Indian lands. Sec. 8005. Application for payments under sections 8002 and 8003. Sec. 8007. Construction. Sec. 8008. Facilities. Sec. 8009. State consideration of payments in providing State aid. Sec. 8010. Federal administration. Sec. 8011. Administrative hearings and judicial review. Sec. 8012. Forgiveness of overpayments. Sec. 8013. Definitions. Sec. 8014. Authorization of appropriations. TITLE IX—GENERAL PROVISIONS Part A—Definitions Sec. 9101. Definitions. Sec. 9102. Applicability of title. Sec. 9103. Applicability to Bureau of Indian Affairs operated schools. Part B—Flexibility in the use of Administrative and Other Funds Sec. 9201. Consolidation of State administrative funds for elementary and secondary education programs. Sec. 9202. Single local educational agency States. Sec. 9203. Consolidation of funds for local administration. Sec. 9204. Consolidated set-aside for Department of the Interior funds. Part C—Coordination of Programs; Consolidated State and Local Plans and Applications Sec. 9301. Purpose. Sec. 9302. Optional consolidated State plans or applications. Sec. 9303. Consolidated reporting. Sec. 9304. General applicability of State educational agency assurances. Sec. 9305. Consolidated local plans or applications. Sec. 9306. Other general assurances. Part D—Waivers Sec. 9401. Waivers of statutory and regulatory requirements. Part E—Uniform Provisions Subpart 1—Private Schools Sec. 9501. Participation by private school children and teachers. Sec. 9502. Standards for by-pass. Sec. 9503. Complaint process for participation of private school children. Sec. 9504. By-pass determination process. Sec. 9505. Prohibition against funds for religious worship or instruction. Sec. 9506. Private, religious, and home schools. Subpart 2—Other Provisions Sec. 9522. Prohibition regarding State aid. Sec. 9523. Privacy of assessment results. Sec. 9524. School prayer. Sec. 9525. Equal access to public school facilities. Sec. 9526. General prohibitions. Sec. 9527. Prohibitions on Federal Government and use of Federal funds. Sec. 9528. Armed Forces recruiter access to students and student recruiting information. Sec. 9529. Prohibition on federally sponsored testing. Sec. 9530. Limitations on national testing or certification for teachers. Sec. 9531. Prohibition on nationwide database. Sec. 9532. Unsafe school choice option. Sec. 9533. Prohibition on discrimination. Sec. 9534. Civil rights. Sec. 9535. Rulemaking. Sec. 9536. Severability. Sec. 9537. Transfer of school disciplinary records. Subpart 3—Teacher Liability Protection Sec. 9541. Short title. Sec. 9542. Purpose. Sec. 9543. Definitions. Sec. 9544. Applicability. Sec. 9545. Preemption and election of State nonapplicability. Sec. 9546. Limitation on liability for teachers. Sec. 9547. Allocation of responsibility for noneconomic loss. Sec. 9548. Effective date. Subpart 4—Internet safety Sec. 9551. Internet safety. Subpart 5—Gun Possession Sec. 9561. Gun-free requirements. Subpart 6—Environmental Tobacco Smoke Sec. 9571. Short title. Sec. 9572. Definitions. Sec. 9573. Nonsmoking policy for children's services. Sec. 9574. Preemption. Part F—Evaluations Sec. 9601. Evaluations. Part G—Approval and disapproval of State plans and local applications Sec. 9701. Approval and disapproval of State plans. Sec. 9702. Approval and disapproval of local educational agency applications. . I Improving basic programs operated by State and local educational agencies 101. Statement of purpose Section 1001 (20 U.S.C. 6301) is amended to read as follows: 1001. Statement of purpose The purpose of this title is to ensure that all children have a fair, equal, and significant opportunity to receive a high-quality education that prepares them for postsecondary education or the workforce, without the need for remediation, and to close the achievement gap between high- and low-performing children, especially the achievement gaps between minority and nonminority students, and between disadvantaged children and their more advantaged peers. . 102. Authorization of appropriations Section 1002 (20 U.S.C. 6302) is amended to read as follows: 1002. Authorization of appropriations (a) Local educational agency grants For the purpose of carrying out part A, there are authorized to be appropriated $14,974,091,000 for each of fiscal years 2014 through 2018. (b) State assessments For the purpose of carrying out part B, there are authorized to be appropriated $368,900,000 for each of fiscal years 2014 through 2018. (c) Education of migratory children For the purpose of carrying out part C, there are authorized to be appropriated $372,751,000 for each of fiscal years 2014 through 2018. (d) Prevention and intervention programs for youth who are neglected, delinquent, or at risk For the purpose of carrying out part D, there are authorized to be appropriated $47,614,000 for each of fiscal years 2014 through 2018. (e) Federal activities For the purpose of carrying out section 1501, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2014 through 2018. . 103. School improvement and State administration The Act (20 U.S.C. 6301 et seq.) is amended— (1) by striking section 1003; (2) by redesignating section 1004 as section 1003; and (3) in section 1003, as redesignated by paragraph (2)— (A) in subsection (a), by striking subsection (b) and inserting subsections (b) and (c); and (B) by adding at the end the following: (c) Technical assistance and support (1) In general Each State may reserve not more than 4 percent of the amount the State receives under subpart 2 of part A for a fiscal year to carry out paragraph (2) and to carry out the State educational agencies responsibilities under section 1114(a), including carrying out the State educational agency's statewide system of technical assistance and support for local educational agencies. (2) Uses Of the amount reserved under paragraph (1) for any fiscal year, the State educational agency— (A) shall allocate not less than 95 percent of the amount directly to local educational agencies for schools identified by the State under section 1114(a)(1)(B), for activities under section 1114(b); or (B) may, with the approval of the local educational agency, directly provide for such activities or arrange for their provision through other entities, such as school support teams or educational service agencies. . 104. Basic program requirements Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) is amended— (1) by striking sections 1111 through 1117 and inserting the following: 1111. State plans (a) Plans required (1) In general For any State desiring to receive a grant under this part, the State educational agency shall submit to the Secretary a plan, developed by the State educational agency in consultation with local educational agencies, teachers, principals, pupil services personnel, administrators, other staff, and parents, that satisfies the requirements of this section. (2) Consolidated plan A State plan submitted under paragraph (1) may be submitted as part of a consolidated plan under section 9302. (3) Peer review and secretarial approval (A) In general The Secretary shall— (i) establish a peer-review process to assist in the review of State plans; (ii) establish multidisciplinary peer review teams and appoint their members, including representatives of teachers, State educational agencies, local educational agencies, and those with practical experience in implementing academic standards, assessments, accountability, the needs of low-performing schools, and other educational needs of students; and (iii) approve a State plan within 45 days of its submission unless the Secretary presents a body of substantial, high-quality education research that clearly demonstrates that the State's plan does not meet the requirements of this section and is likely to be ineffective or is inappropriate for its intended purposes. (B) Purpose of peer review The peer review process shall be designed to— (i) promote effective implementation of State-developed challenging academic standards through State and local innovation; and (ii) provide transparent feedback to States designed to strengthen the States' plans. (C) Standard and nature of review Peer reviewers shall conduct a good faith review of State plans in their totality and in deference to State and local judgments, with the goal of promoting State- and local-led innovation. (4) State plan determination, demonstration, and revision If the Secretary determines that the State plan does not meet the requirements of this subsection or subsection (b) or (c), the Secretary shall, prior to declining to approve a State plan— (A) immediately notify the State of such determination; (B) provide a detailed description of the specific requirements of this subsection or subsection (b) or (c) of the State plan that the Secretary determines fails to meet such requirements; (C) offer the State an opportunity to revise and resubmit its plan within 60 days of such determination; (D) provide technical assistance, upon request of the State, in order to assist the State to meet the requirements of this subsection or subsection (b) or (c); and (E) conduct a public hearing within 30 days of such resubmission, with public notice provided not less than 15 days before such hearing. (5) State plan disapproval The Secretary shall have the authority to disapprove a State plan if the State has been notified and offered an opportunity to revise and submit with technical assistance under paragraph (4), and— (A) the State does not revise and resubmit its plan; or (B) the State revises and resubmits a plan that the Secretary determines does not meet the requirements of this part after a hearing conducted under paragraph (4)(E). (6) Limitations The Secretary shall not have the authority to require a State, as a condition of approval of the State plan, to— (A) include in, or delete from, such plan 1 or more specific elements of the State’s academic content standards or academic achievement standards; (B) use specific academic assessment instruments or items; (C) include in, or delete from, such a plan any criterion that specifies, defines, or prescribes the standards or measures that State or local educational agencies use to establish, implement, or improve— (i) State standards; (ii) assessments; (iii) State accountability systems; (iv) systems that measure student growth; (v) measures of other academic indicators; or (vi) teacher and principal evaluation systems; or (D) require the collection, publication, or transmission to the Department of individual student data that is not expressly required to be collected under this Act. (7) Public review All written communications, feedback, and notifications under this subsection shall be conducted in a manner that is transparent and immediately made available to the public through the Department website, including— (A) plans submitted or resubmitted by a State; (B) peer review comments; (C) State plan determinations by the Secretary, including approvals or disapprovals; and (D) public hearings under this section. (8) Duration of the plan (A) In general Each State plan shall— (i) remain in effect for the duration of the State’s participation under this part; and (ii) be periodically reviewed and revised as necessary by the State educational agency to reflect changes in the State’s strategies and programs under this part. (B) Additional information A State shall notify the Secretary if a State makes significant changes to its plan, such as the adoption of new State academic content standards, State academic achievement standards, new academic assessments, or changes to its accountability system under subsection (b)(3). (9) Failure to meet requirements If a State fails to meet any of the requirements of this section, then the Secretary may withhold funds for State administration under this part until the Secretary determines that the State has fulfilled those requirements. (b) Academic standards, academic assessments, and State accountability systems (1) Challenging state academic standards (A) In general Each State shall provide an assurance that the State has adopted challenging academic content standards and student academic achievement standards that will be used by the State, its local educational agencies, and its schools to carry out this part. (B) Same standards The standards required by subparagraph (A) shall be the same standards that the State applies to all public schools and public school children in the State. (C) Subjects The State shall have such standards in mathematics, reading or language arts, and science, and any other subjects as determined by the State, which shall include the same knowledge, skills, and levels of achievement expected of all children in the State. (D) Alignment Each State shall provide an assurance to the Secretary that the State’s challenging academic content standards are aligned with— (i) entrance requirements, without the need for academic remediation, for an institution of higher education in the State; and (ii) State performance measures identified in the State plan under section 113(b) of the Carl D. Perkins Career and Technical Education Act of 2006. (E) Alternate academic achievement standards Notwithstanding any other provision of this paragraph, a State may, through a documented and validated standards-setting process, adopt alternate academic achievement standards for students with the most significant cognitive disabilities who take an alternate assessment, provided those standards— (i) are aligned with the State’s challenging academic content standards under subparagraph (A); (ii) promote access to the general curriculum; and (iii) reflect professional judgment of the highest achievement standards attainable by those students. (F) Modified academic achievement standards Notwithstanding any other provision of this paragraph, a State may, through a documented and validated standards-setting process, adopt modified academic achievement standards for students who have disabilities that preclude them from meeting State student achievement standards within the academic year covered by a student’s individualized education program under section 614(d) of the Individuals with Disabilities Education Act, provided those standards— (i) are aligned with the State’s challenging academic content standards under subparagraph (A) for the grade in which the student is enrolled; and (ii) are challenging for such eligible students, but may be less difficult than the grade-level academic achievement standards under this section. (G) English language proficiency standards Each State plan shall provide an assurance that the State has adopted English language proficiency standards that are aligned with the State’s challenging academic content standards under subparagraph (A). Such standards shall— (i) ensure proficiency in each of the domains of speaking, listening, reading, and writing; (ii) address the different proficiency levels of English language learners; and (iii) be aligned with the State’s academic content standards in reading or language arts so that achieving proficiency against the State’s English language proficiency standards indicates a sufficient knowledge of English to measure validly and reliably the student’s achievement on the State’s reading or language arts standards. (H) Prohibitions (i) Standards review or approval A State shall not be required to submit any standards developed under this subsection for academic content or student academic achievement to the Secretary for review or approval. (ii) Federal control The Secretary shall not have the authority to mandate, direct, control, or exercise any direction or supervision over the academic content standards or academic achievement standards adopted or implemented by a State. (I) Existing standards Nothing in this part shall prohibit a State from revising, consistent with this section, any standard adopted under this part before or after the date of enactment of the Every Child Ready for College or Career Act of 2013. (2) Academic assessments (A) In general Each State plan shall provide an assurance that the State educational agency, in consultation with local educational agencies, has implemented a set of high-quality, yearly student academic assessments that include, at a minimum, academic assessments in mathematics and reading or language arts that will be used as the primary means of determining the yearly performance of each school in the State in enabling all children to meet the State’s challenging student academic achievement standards. (B) Requirements Each State plan shall provide an assurance that such assessments— (i) are the same academic assessments used to measure the achievement of all students; (ii) are aligned with the State’s challenging academic content and student academic achievement standards, and provide coherent information about student attainment of such standards; (iii) are used for purposes for which such assessments are valid and reliable, be of adequate technical quality for each purpose required under this Act, and be consistent with relevant, nationally recognized professional and technical standards; (iv) (I) measure the annual academic achievement of all students against the State’s challenging academic achievement standards in mathematics and reading or language arts, and be administered— (aa) in each of grades 3 through 8; and (bb) at least once in grades 9 through 12; and (II) measure the academic achievement of all students against the State’s challenging academic achievement standards in science, and be administered not less than one time, during— (aa) grades 3 through 5; (bb) grades 6 through 8; and (cc) grades 9 through 12; (v) involve multiple up-to-date measures of student academic achievement; (vi) provide for— (I) the participation in such assessments of all students; (II) the reasonable adaptations and accommodations for children with disabilities (as defined in section 602(3) of the Individuals with Disabilities Education Act) necessary to measure the academic achievement of such children relative to State academic content and student academic achievement standards; (III) alternate assessments aligned with grade-level academic content and academic achievement standards, unless the State develops alternate assessments aligned with— (aa) alternate academic achievement standards, consistent with subparagraph (C), for students with the most significant cognitive disabilities; or (bb) modified academic achievement standards consistent with subparagraph (C); and (IV) the inclusion of English language learners, who shall be assessed in a valid and reliable manner and provided reasonable accommodations on assessments administered to such students under this paragraph, including, to the extent practicable, assessments in the language and form most likely to yield accurate data on what such students know and can do in academic content areas, until such students have achieved English language proficiency, as determined under paragraph (1)(G); (vii) produce individual student interpretive, descriptive, and diagnostic reports, consistent with clause (iii), that allow parents, teachers, and principals to understand and address the specific academic needs of students, and include information regarding achievement on academic assessments, and that are provided to parents, teachers, and principals in a timely manner after the assessment is given, in an understandable and uniform format; and (viii) enable results to be disaggregated within each State, local educational agency, and school, by— (I) each major racial and ethnic group; (II) economically disadvantaged students as compared to students who are not economically disadvantaged; (III) students with disabilities as compared to nondisabled students; (IV) English proficiency status; (V) gender; and (VI) migrant status. (C) Students with disabilities (i) Alternate standards A State may provide for alternate assessments aligned with alternate academic achievement standards for students with the most significant cognitive disabilities, if the State— (I) establishes and monitors implementation of clear and appropriate guidelines for individualized education program teams (as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act) (referred to in this section as IEP Teams) to apply in determining when a child’s significant cognitive disability justifies assessment based on alternate academic achievement standards; (II) ensures that the parents of those students are informed that their child’s academic achievement will be based on alternate academic achievement standards; (III) documents that students with the most significant cognitive disabilities are, to the extent practicable, included in the general curriculum, and in assessments aligned with that curriculum; (IV) develops, disseminates information on, 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 enrolled; and (V) ensures that regular and special education teachers and other appropriate staff know how to administer assessments, including making appropriate use of accommodations, for students with disabilities. (ii) Modified standards A State may assess students with disabilities based on modified academic achievement standards, if the State— (I) establishes and ensures implementation of clear and appropriate guidelines for IEP Teams to apply in determining which students with disabilities are eligible to be assessed based on modified academic achievement standards, which criteria, at a minimum, shall include— (aa) whether the student’s disability has precluded the student from achieving grade-level proficiency, as demonstrated by objective evidence, such as the student’s performance on the State’s regular assessments or on other assessments that can validly demonstrate academic achievement; and (bb) whether the student’s progress in response to appropriate instruction, including special education and related services designed to address the student’s individual needs, is such that, even if significant growth occurs, the IEP Team is reasonably certain that the student will not achieve to grade-level within the year covered by the IEP, which progress shall be based on multiple measurements, over a period of time, that are valid for the subjects being assessed; (II) ensures that, if a student’s IEP includes goals for a subject assessed based on modified academic achievement standards, those goals are based on academic content standards for the grade in which the student is enrolled; (III) ensures that parents of students with disabilities who are assessed against modified academic achievement standards are informed that their child’s achievement will be measured based on modified academic achievement standards; (IV) ensures that the alternate assessment yields results that measure the achievement of those students separately in reading or language arts, mathematics, and science relative to the modified academic achievement standards; (V) ensures that students who are assessed based on modified academic achievement standards have access to the curriculum, including instruction, for the grade in which the students are enrolled; and (VI) establishes and monitors implementation of clear and appropriate guidelines for IEP Teams to apply in developing and implementing IEPs for students who are assessed based on modified academic achievement standards. (D) Language assessments Each State plan shall identify the languages other than English that are present to a significant extent in the participating student population and indicate the languages for which yearly student academic assessments are not available and are needed, and such State shall make every effort to develop such assessments as are necessary. (E) Assessments of english language proficiency Each State plan shall provide an assurance that local educational agencies in the State will provide for an annual assessment of English proficiency (measuring students’ speaking, listening, reading, and writing skills in English) of all English language learners in the schools served by the State educational agency, except that each local educational agency shall have discretion to exempt any student who has been assessed as proficient in listening, speaking, reading, or writing English from the corresponding portion of the assessment. (F) Deferral A State may defer the commencement, or suspend the administration, but not cease the development, of the assessments described in this paragraph, for 1 year for each year for which the amount appropriated for grants under part B is less than $368,900,000. (G) Construction Nothing in this paragraph shall be construed to prescribe or prohibit the use of the academic assessments described in this part for student promotion or graduation purposes. (3) State accountability system (A) In general Each State plan shall provide an assurance that the State has developed and is implementing a single, statewide State accountability system that will be based on the challenging academic content standards and student academic achievement standards adopted by the State, and other academic indicators related to student achievement identified by the State, to ensure that all students graduate from high school prepared for postsecondary education or the workforce without the need for remediation and that, at a minimum— (i) annually measures academic achievement of all public school students in the State towards meeting the State’s challenging academic achievement standards established by the State in mathematics and reading or language arts, which may include measures of student growth to such standards and any other valid and reliable academic indicators related to student achievement; (ii) establishes a system of annually identifying and differentiating among all public schools in the State based on student academic achievement and any other factors determined appropriate by the State and also takes into account— (I) achievement gaps between each category of students described in subclauses (I) through (IV) of paragraph (2)(B)(viii); (II) overall performance of all students and of each category of students described in subclauses (I) through (IV) of paragraph (2)(B)(viii); and (III) secondary school graduation rates, as appropriate; (iii) for public schools participating under this part, includes a system for annually— (I) identifying such schools that are in need of strategies for improving student academic achievement and any other measures determined appropriate by the State; and (II) providing assistance to local educational agencies to develop and implement appropriate strategies for improving identified schools; (iv) provides a clear and understandable explanation of the method of identifying schools under clause (iii); (v) measures the annual progress of not less than 95 percent of each category of students described in subclauses (I) through (IV) of paragraph (2)(B)(viii) who are enrolled in the school and are required to take the assessments under paragraph (2); and (vi) measures the high school graduation rate for each category of students described in subclauses (I) through (IV) of paragraph (2)(B)(viii). (B) Prohibition on regulation Nothing in this subsection shall be construed to permit the Secretary to establish any criterion that specifies, defines, or prescribes the standards or measures that State or local educational agencies use to establish, implement, or improve— (i) State standards; (ii) assessments; (iii) State accountability systems; (iv) systems that measure student growth; (v) measures of other academic indicators; or (vi) teacher and principal evaluation systems. (c) Provisions To support teaching and learning Each State plan shall provide an assurance that— (1) the State will notify local educational agencies, schools, teachers, parents, and the public of the academic content standards, student academic achievement standards, academic assessments, and State accountability system, developed under this section; (2) the State educational agency will assist each local educational agency and school affected by the State plan to meet the requirements of this part; and (3) low-income and minority children, enrolled in schools assisted under this part, are served by effective teachers and principals and have access to a high-quality instructional program in the core academic subjects, and the State shall adopt measures to evaluate and publicly report the progress of the State educational agency with respect to such steps. (d) Other assurances Each State plan shall contain an assurance that— (1) the State will participate in biennial State academic assessments of 4th and 8th grade reading and mathematics under the National Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act if the Secretary pays the costs of administering such assessments; (2) the State educational agency will modify or eliminate State fiscal and accounting barriers so that schools can easily consolidate funds from other Federal, State, and local sources in order to improve educational opportunities and reduce unnecessary fiscal and accounting requirements; (3) the State educational agency will support the collection and dissemination to local educational agencies and schools of effective parental involvement practices; (4) 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 part; (5) the State educational agency will ensure that local educational agencies, to the extent feasible, in developing and implementing programs under this part, will work in consultation with outside intermediary organizations or individuals who have expertise in using strategies and programs based on scientifically valid research to improve teaching, learning, and schools; and (6) the State educational agency has appropriate procedures and safeguards in place to ensure the validity of the assessment process. (e) Reports (1) Annual state report card (A) In general A State that receives assistance under this part shall prepare and disseminate widely to the public an annual State report card. (B) Implementation The State report card shall be— (i) concise; and (ii) presented in an understandable and uniform format. (C) Required information The State shall include in its annual State report card— (i) information, in the aggregate, on student achievement on the State academic assessments described in subsection (b)(2) (disaggregated by each category of students described in subsection (b)(2)(B)(viii)); (ii) the percentage of students tested (disaggregated by each category of students described in subsection (b)(2)(B)(viii)); (iii) information on any other indicator used by the State to determine student achievement under subsection (b)(3) (disaggregated by each category of students described in subsection (b)(2)(B)(viii)); (iv) graduation rates for secondary school students consistent with subsection (b)(3)(A)(vi); (v) the professional qualifications of teachers in the State and the percentage of such teachers teaching with emergency or provisional credentials, in the aggregate and disaggregated by high-poverty compared to low-poverty schools which, for the purpose of this clause, means schools in the top quartile of poverty and the bottom quartile of poverty in the State; (vi) information on the performance of local educational agencies and schools in the State; and (vii) for a State that implements a teacher and principal evaluation system consistent with title II, the evaluation results of teachers and principals, except that such information shall not provide individually identifiable information on individual teachers or principals. (D) Financial information The State shall include in its annual State report card the per-pupil expenditures of Federal, State, and local funds for each local educational agency in the State for the preceding fiscal year. (E) Optional information The State may include in its annual State report card such other information as the State believes will best provide parents, students, and other members of the public with information regarding the progress of each of the State’s public schools. (2) Annual local educational agency report cards (A) Report cards A local educational agency that receives assistance under this part shall prepare and disseminate, in accordance with subparagraph (E), an annual local educational agency report card. (B) Minimum requirements The local educational agency shall include in its report card the information described in paragraph (1)(C) as applied to the local educational agency and each school served by the local educational agency, and— (i) in the case of a local educational agency, information that shows how students served by the local educational agency achieved on the statewide academic assessment compared to students in the State as a whole; and (ii) in the case of a school, information that shows how the school’s students’ achievement on the statewide academic assessments compared to students in the local educational agency and the State as a whole. (C) Financial information The local educational agency shall include in its annual local educational agency report card the per-pupil expenditures of Federal, State, and local funds for each school served by the agency for the preceding fiscal year. (D) Other information A local educational agency may include in its annual local educational agency report card any other appropriate information, whether or not such information is included in the annual State report card. (E) Public dissemination (i) In general Except as provided in clause (ii), a local educational agency shall— (I) publicly disseminate the information described in this paragraph to all schools in the school district served by the local educational agency and to all parents of students attending such schools in an understandable and uniform format; and (II) make the information widely available through public means, such as posting on the Internet, distribution to the media, and distribution through public agencies. (ii) Exception If a local educational agency issues a report card for all students, the local educational agency may include the information described in this paragraph as part of such report. (3) Preexisting report cards A State educational agency or local educational agency that was providing public report cards on the performance of students, schools, local educational agencies, or the State prior to the date of enactment of the Every Child Ready for College or Career Act of 2013, may use such report cards for the purpose of disseminating information under this subsection if the report card is modified, as may be needed, to contain the information required by this subsection. (4) Annual State report to the secretary Each State educational agency receiving assistance under this part shall report annually to the Secretary, and make widely available within the State— (A) information on the achievement of students on the academic assessments required under subsection (b)(2), including the disaggregated results for each category of students described in subsection (b)(2)(B)(viii); (B) information on the acquisition of English proficiency by children who are English language learners; (C) the number and names of the schools identified under section 1114(a)(1)(B), and the school assistance strategies developed and implemented by the local educational agency under section 1114(b) to address the needs of students in each school; (D) the number of students and schools that participated in public school choice under this title; (E) (i) information on the quality and effectiveness of teachers; and (ii) the percentage of classes being taught by teachers who are licensed or certified to teach in their field of study, for the State and for each local educational agency and public elementary school or secondary school in the State; and (F) information on the results of the teacher and principal evaluation system, as applicable. (5) Presentation of data (A) In general A State educational agency or local educational agency shall only include in its annual report card described under paragraphs (1) and (2) data that are sufficient to yield statistically reliable information, as determined by the State or local educational agency, and that do not reveal personally identifiable information about an individual student. (B) Student privacy Subject to section 444 of the General Education Provisions Act and notwithstanding section 444(b)(1)(F) of such Act, student educational records and information shall not be shared without the informed explicit consent of the student’s legal guardian or if the student has reached the age of majority, the student, with any— (i) individual or governmental entity outside of the school; (ii) local educational agency or State educational agency; and (iii) third party contractor, such as a researcher or private or nonprofit non-governmental organization, including third party assessment and testing organizations. (C) Exception Notwithstanding subparagraph (B), the sharing of educational records and information shall be permissible— (i) in an emergency situation; and (ii) in the case where the student does not currently have a recognized legal guardian or is part of a court proceeding regarding child abuse or neglect. (6) Report to congress The Secretary shall transmit annually to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report that provides national and State level data on the information collected under paragraph (4). Such report shall be submitted through electronic means only. (7) Secretary’s report card (A) In general Not later than July 1, 2015, and annually thereafter, the Secretary shall transmit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a national report card on the status of elementary and secondary education in the United States. Such report shall— (i) analyze existing data from State reports required under this Act, the Individuals with Disabilities Education Act, and the Carl D. Perkins Career and Technical Education Act of 2006, and summarize major findings from such reports; (ii) analyze data from the National Assessment of Educational Progress and comparable international assessments; (iii) identify trends in student achievement, student performance, and secondary school graduation rates, by analyzing and reporting on the status and performance of students, disaggregated by each category of students described in subsection (b)(2)(B)(viii); (iv) analyze data on Federal, State, and local expenditures on education, including per-pupil spending, teacher salaries and pension obligations, school level spending, and other financial data publicly available, and report on current trends and major findings; and (v) analyze information on the teaching and principal profession, including education and training, retention and mobility, and effectiveness in improving student achievement. (B) Special rule The information used to prepare the report described in subparagraph (A) shall be derived from existing State and local reporting requirements and data sources. Nothing in this paragraph shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary not otherwise explicitly authorized by any other Federal law. (f) Voluntary partnerships (1) In general Nothing in this section shall be construed to prohibit a State from entering into a voluntary partnership with another State to develop and implement the academic assessments, State academic content standards, and accountability systems required under this section. (2) Prohibition The Secretary shall be prohibited from requiring a State to enter into a voluntary partnership described in paragraph (1), including as a condition of approval of a State plan under this section or as a condition of an award of Federal funds under any grant, contract, or cooperative agreement. (g) 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 of the Department of the Interior that receives funds under this part, the following shall apply: (1) Each such school that is accredited by the State in which it is operating shall use the assessments the State has developed and implemented to meet the requirements of this section, or such other appropriate assessment as approved by the Secretary of the Interior. (2) Each such school that is accredited by a regional accrediting organization shall adopt an appropriate assessment in consultation with, and with the approval of, the Secretary of the Interior and consistent with assessments adopted by other schools in the same State or region, that meets the requirements of this section. (3) Each such school that is accredited by a tribal accrediting agency or tribal division of education shall use an assessment developed by such agency or division, except that the Secretary of the Interior shall ensure that such assessment meets the requirements of this section. 1112. Local educational agency plans (a) Plans required (1) Subgrants A local educational agency may receive a subgrant under this part for any fiscal year only if such agency has on file with the State educational agency a plan, approved by the State educational agency, that is developed in consultation with teachers, principals, administrators (including administrators of programs described in other parts of this title), other appropriate school personnel, and with parents of children in schools served under this part, that satisfies the requirements of this section. (2) Consolidated application The plan may be submitted as part of a consolidated application under section 9305. (3) State review and approval (A) In general Each local educational agency plan shall be filed according to a schedule established by the State educational agency. (B) Approval The State educational agency shall approve a local educational agency’s plan only if the State educational agency determines that the local educational agency’s plan satisfies the requirements of this part and enables children served under this part to meet the State’s challenging academic standards described in section 1111(b)(1). (4) Duration Each local educational agency plan shall be submitted for the first year for which this part is in effect following the date of enactment of the Every Child Ready for College or Career Act of 2013 and shall remain in effect for the duration of the agency’s participation under this part. (5) Review Each local educational agency shall periodically review and, as necessary, revise its plan to reflect changes in the local educational agency’s strategies and programs under this part. (b) Plan provisions To ensure that all children receive a high-quality education that prepares them for postsecondary education and the workforce without the need for academic remediation, and to close the achievement gap between high- and low-performing children, especially the achievement gaps between minority and nonminority students, and between disadvantaged children and their more advantaged peers, each local educational agency plan shall describe— (1) how the local educational agency will work with each of the schools served by the agency so that students meet the State’s challenging academic standards by— (A) developing and implementing a comprehensive program of instruction to meet the academic needs of all students; (B) identifying quickly and effectively students who may be at risk for academic failure; (C) providing additional educational assistance to individual students determined as needing help in meeting the State’s challenging academic achievement standards; (D) identifying significant gaps in student academic achievement between each category of students described in subclauses (I) through (IV) of section 1111(b)(2)(B)(viii) and develop strategies to reduce such gaps in achievement; and (E) identifying and implementing effective methods and instructional strategies that are based on scientifically valid research intended to strengthen the core academic program of the school; (2) how the local educational agency will monitor and evaluate the effectiveness of school programs in improving student academic achievement, especially for students not meeting the State's challenging academic achievement standards; (3) (A) how the local educational agency will meet the requirements of section 1119 regarding the qualifications of teachers and paraprofessionals; and (B) how the local educational agency, through incentives for voluntary transfers, recruitment programs, incentive pay, performance- or merit-based pay systems, or other effective strategies, will identify and address any disparities that result in low-income students and minority students being taught at higher rates than other students by ineffective, out-of-field, or inexperienced teachers; (4) the actions the local educational agency will take to assist schools identified under section 1114(a)(1)(B) and other schools also determined by the local educational agency to be in need of assistance to improve student academic achievement, and the funds used to conduct such actions; (5) the programs to be conducted by such agency’s schools under section 1113, and where appropriate, educational services outside such schools for children living in local institutions for neglected or delinquent children, and for neglected and delinquent children in community day school programs; (6) the services the local educational agency will provide homeless children, including services provided with funds reserved under section 1113(a)(3)(C)(i); (7) the strategy the local educational agency will use to implement effective parental involvement under section 1118; (8) how the local educational agency will coordinate and integrate services provided under this part with preschool educational services at the local educational agency or individual school level, including plans for the transition of participants in such programs to local elementary school programs, and, if appropriate, a description of how the local educational agency will use funds under this part to support preschool programs for children, particularly children participating in a Head Start program, which 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 641 of the Head Start Act, or another comparable public early childhood development program; (9) how the local educational agency will coordinate programs and integrate services under this part with other Federal, State, and local services and programs; and (10) how teachers, in consultation with parents, administrators, and pupil services personnel, in targeted assistance schools under section 1113, will identify the eligible children most in need of services under this part. (c) Assurances Each local educational agency plan shall provide assurances that the local educational agency will— (1) ensure that the results from the academic assessments required under section 1111(b)(2) will be provided to parents and teachers as soon as is practicably possible after the test is taken; (2) ensure that migratory children and formerly migratory children who are eligible to receive services under this part are selected to receive such services on the same basis as other children who are selected to receive services under this part; (3) provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1120, and timely and meaningful consultation with private school officials regarding such services; and (4) participate, if selected, in the National Assessment of Educational Progress in 4th and 8th grade reading and mathematics carried out under section 303(b)(2) of the National Assessment of Educational Progress Authorization Act. (d) Schoolwide program plans In addition to the plan requirements described in subsection (c), for schools operating a schoolwide program under section 1113(b)(2), the plan shall also include— (1) a description of schoolwide reform strategies that— (A) provide opportunities for all children to meet the State’s challenging academic achievement standards under section 1111(b); (B) use effective methods and instructional strategies that are based on scientifically valid research that— (i) strengthen the core academic program in the school; and (ii) increase the amount and quality of learning time and help provide an enriched and accelerated curriculum; and (C) address the academic and other support needs of all children in the school; (2) a list of State educational agency and local educational agency programs and other Federal programs that will be consolidated in the schoolwide program; and (3) if appropriate, a description of how funds will be used to establish or enhance prekindergarten programs for children below the age of 6. (e) Targeted assistance school plans In addition to the plan requirements described in subsection (c), for schools operating a targeted assistance program under section 1113(b)(3), the plan shall also include— (1) a description of— (A) the process for determining which students will be served and the students to be served; (B) the assistance that will be provided to such students; and (C) how the activities supported under this part will be coordinated with and incorporated into the regular education program of the school; and (2) assurances that the school will— (A) help provide an accelerated, high-quality curriculum; (B) minimize removing children from the regular classroom during regular school hours for instruction provided under this part; and (C) on an ongoing basis, review the progress of participating children and revise the plan under this section, if necessary, to provide additional assistance to enable such children to meet the State’s challenging academic achievement standards. (f) Parents right-to-Know (1) Teacher qualifications (A) In general At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student’s classroom teachers, including, at a minimum, the following: (i) Whether the teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction. (ii) Whether the teacher is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived. (iii) Whether the child is provided services by paraprofessionals and, if so, whether each such paraprofessional meets the qualifications required under section 1119. (B) Additional information In addition to the information that parents may request under subparagraph (A), a school that receives funds under this part shall provide to each individual parent— (i) information on the level of achievement of the parent’s child in each of the State academic assessments as required under this part; and (ii) timely notice that the parent’s child has been assigned, or has been taught for 4 or more consecutive weeks by, a teacher who does not meet applicable State certification or licensure requirements. (2) Language instruction (A) Notice Each local educational agency using funds under this part to provide a language instruction educational program as determined under title III shall, not later than 30 days after the beginning of the school year, inform a parent or parents of an English language learner identified for participation or participating in such a program of— (i) the reasons for the identification of their child as an English language learner and in need of placement in a language instruction educational program; (ii) the child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement; (iii) the methods of instruction used in the program in which their child is, or will be participating, and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction; (iv) how the program in which their child is, or will be participating, will meet the educational strengths and needs of their child; (v) how such program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation; (vi) the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for English language learners, and the expected rate of graduation from secondary school for such program if funds under this part are used for children in secondary schools; (vii) in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child, as described in section 614(a)(1)(D) of the Individuals with Disabilities Education Act; and (viii) information pertaining to parental rights that includes written guidance— (I) detailing— (aa) the right that parents have to have their child immediately removed from such program upon their request; and (bb) the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and (II) assisting parents in selecting among various programs and methods of instruction, if more than 1 program or method is offered by the eligible entity. (B) Special rule applicable during the school year For those children who have not been identified as English language learners prior to the beginning of the school year but are identified as English language learners during such school year, the local educational agency shall notify the children’s parents during the first 2 weeks of the child being placed in a language instruction educational program consistent with subparagraph (A). (C) Parental participation Each local educational agency receiving funds under this part shall implement an effective means of outreach to parents of English language learners to inform the parents regarding how the parents can be involved in the education of their children, and be active participants in assisting their children to attain English proficiency, achieve at high levels in core academic subjects, and meet challenging State academic achievement standards and State academic content standards expected of all students, including holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this part. (D) Basis for admission or exclusion A student shall not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status. (3) Format The notice and information provided to parents under this subsection shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. 1113. Eligible school attendance areas; schoolwide programs; targeted assistance programs (a) Eligible school attendance areas (1) Determination (A) In general A local educational agency shall use funds received under this part only in eligible school attendance areas. (B) Eligible school attendance areas In this part— (i) the term school attendance area means, in relation to a particular school, the geographical area in which the children who are normally served by that school reside; and (ii) the term eligible school attendance area means a school attendance area in which the percentage of children from low-income families is at least as high as the percentage of children from low-income families served by the local educational agency as a whole. (C) Ranking order If funds allocated in accordance with paragraph (3) are insufficient to serve all eligible school attendance areas, a local educational agency shall— (i) annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent from highest to lowest according to the percentage of children from low-income families; and (ii) serve such eligible school attendance areas in rank order. (D) Remaining funds If funds remain after serving all eligible school attendance areas under subparagraph (C), a local educational agency shall— (i) annually rank such agency’s remaining eligible school attendance areas from highest to lowest either by grade span or for the entire local educational agency according to the percentage of children from low-income families; and (ii) serve such eligible school attendance areas in rank order either within each grade-span grouping or within the local educational agency as a whole. (E) Measures The local educational agency shall use the same measure of poverty, which measure shall be the number of children ages 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for a free or reduced priced lunch under the Richard B. Russell National School Lunch Act, the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or the number of children eligible to receive medical assistance under the Medicaid program, or a composite of such indicators, with respect to all school attendance areas in the local educational agency— (i) to identify eligible school attendance areas; (ii) to determine the ranking of each area; and (iii) to determine allocations under paragraph (3). (F) Exception This subsection shall not apply to a local educational agency with a total enrollment of less than 1,000 children. (G) Waiver for desegregation plans The Secretary may approve a local educational agency’s written request for a waiver of the requirements of this paragraph and paragraph (3) and permit such agency to treat as eligible, and serve, any school that children attend with a State-ordered, court-ordered school desegregation plan or a plan that continues to be implemented in accordance with a State-ordered or court-ordered desegregation plan, if— (i) the number of economically disadvantaged children enrolled in the school is at least 25 percent of the school’s total enrollment; and (ii) the Secretary determines on the basis of a written request from such agency and in accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes of this part. (2) Local educational agency discretion (A) In general Notwithstanding paragraph (1)(B), a local educational agency may— (i) designate as eligible any school attendance area or school in which at least 35 percent of the children are from low-income families; (ii) use funds received under this part in a school that is not in an eligible school attendance area, if the percentage of children from low-income families enrolled in the school is equal to or greater than the percentage of such children in a participating school attendance area of such agency; (iii) designate and serve a school attendance area or school that is not eligible under this section, but that was eligible and that was served in the preceding fiscal year, but only for 1 additional fiscal year; and (iv) elect not to serve an eligible school attendance area or eligible school that has a higher percentage of children from low-income families if— (I) the school meets the comparability requirements of section 1120A(b); (II) the school is receiving supplemental funds from other State or local sources that are spent according to the requirements of this section; and (III) the funds expended from such other sources equal or exceed the amount that would be provided under this part. (B) Special rule Notwithstanding subparagraph (A)(iv), the number of children attending private elementary schools and secondary schools who are to receive services, and the assistance such children are to receive under this part, shall be determined without regard to whether the public school attendance area in which such children reside is assisted under subparagraph (A). (3) Allocations (A) In general A local educational agency shall allocate funds received under this part to eligible school attendance areas or eligible schools, identified under paragraphs (1) and (2) in rank order, on the basis of the total number of children from low-income families in each area or school. (B) Special rule (i) In general Except as provided in clause (ii), the per-pupil amount of funds allocated to each school attendance area or school under subparagraph (A) shall be at least 125 percent of the per-pupil amount of funds a local educational agency received for that year under the poverty criteria described by the local educational agency in the plan submitted under section 1112, except that this clause shall not apply to a local educational agency that only serves schools in which the percentage of such children is 35 percent or greater. (ii) Exception A local educational agency may reduce the amount of funds allocated under clause (i) for a school attendance area or school by the amount of any supplemental State and local funds expended in that school attendance area or school for programs that meet the requirements of this section. (C) Reservation A local educational agency shall reserve such funds as are necessary under this part to provide services comparable to those provided to children in schools funded under this part to serve— (i) homeless children who do not attend participating schools, including providing educationally related support services to children in shelters and other locations where children may live; (ii) children in local institutions for neglected children; and (iii) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day school programs. (b) Schoolwide programs and targeted assistance schools (1) In general For each school that will receive funds under this part, the local educational agency shall determine whether the school operates as a schoolwide program consistent with paragraph (2) or a targeted assistance school consistent with paragraph (3). (2) Schoolwide programs (A) In general A local educational agency may consolidate and use funds under this part, together with other Federal, State, and local funds, in order to upgrade the entire educational program of a school that serves an eligible school attendance area in which not less than 40 percent of the children are from low-income families, or not less than 40 percent of the children enrolled in the school are from such families. (B) Identification of students not required (i) In general No school participating in a schoolwide program shall be required— (I) to identify particular children under this part as eligible to participate in a schoolwide program; or (II) to provide services to such children that are supplementary, as otherwise required by section 1120A(a). (ii) Supplemental funds A school participating in a schoolwide program shall use funds available to carry out this paragraph only to supplement the amount of funds that would, in the absence of funds under this part, be made available from non-Federal sources for the school, including funds needed to provide services that are required by law for children with disabilities and children who are English language learners. (C) Exemption from statutory and regulatory requirements (i) Exemption The Secretary may, through publication of a notice in the Federal Register, exempt schoolwide programs under this section from statutory or regulatory provisions of any other noncompetitive formula grant program administered by the Secretary (other than formula or discretionary grant programs under the Individuals with Disabilities Education Act, except as provided in section 613(a)(2)(D) of such Act), or any discretionary grant program administered by the Secretary, to support schoolwide programs if the intent and purposes of such other programs are met. (ii) Requirements A school that chooses to use funds from such other programs shall not be relieved of the requirements relating to health, safety, civil rights, student and parental participation and involvement, services to private school children, comparability of services, uses of Federal funds to supplement, not supplant non-Federal funds, or the distribution of funds to State educational agencies or local educational agencies that apply to the receipt of funds from such programs. (iii) Records A school that consolidates and uses funds from different Federal programs under this paragraph shall not be required to maintain separate fiscal accounting records, by program, that identify the specific activities supported by those particular funds as long as the school maintains records that demonstrate that the schoolwide program, considered as a whole, addresses the intent and purposes of each of the Federal programs that were consolidated to support the schoolwide program. (D) Prekindergarten program A school that is eligible for a schoolwide program under this paragraph may use funds made available under this part to establish or enhance prekindergarten programs for children below the age of 6. (3) Targeted assistance schools (A) In general In all schools selected to receive funds under subsection (a)(3) that are ineligible for a schoolwide program under paragraph (2), or that choose not to operate such a schoolwide program, a local educational agency serving such school may use funds received under this part only for programs that provide services to eligible children under subparagraph (B) identified as having the greatest need for special assistance. (B) Eligible children (i) Eligible population (I) In general The eligible population for services under this section is— (aa) children not older than age 21 who are entitled to a free public education through grade 12; and (bb) children who are not yet at a grade level at which the local educational agency provides a free public education. (II) Eligible children from eligible population From the population described in subclause (I), eligible children are children identified by the school as failing, or most at risk of failing, to meet the State’s challenging student academic achievement standards on the basis of multiple, educationally related, objective criteria established by the local educational agency and supplemented by the school. (ii) Children included (I) In general Children who are economically disadvantaged, children with disabilities, migrant children, or children who are English language learners, are eligible for services under this part on the same basis as other children selected to receive services under this part. (II) Head start and preschool children A child who, at any time in the 2 years preceding the year for which the determination is made, participated in a Head Start program, or in preschool services under this title, is eligible for services under this part. (III) Migrant children A child who, at any time in the 2 years preceding the year for which the determination is made, received services under part C is eligible for services under this part. (IV) Neglected or delinquent children A child in a local institution for neglected or delinquent children and youth or attending a community day program for such children is eligible for services under this part. (V) Homeless children A child who is homeless and attending any school served by the local educational agency is eligible for services under this part. (iii) Special rule Funds received under this part may not be used to provide services that are otherwise required by law to be made available to children described in clause (ii) but may be used to coordinate or supplement such services. (C) Integration of professional development To promote the integration of staff supported with funds under this part into the regular school program and overall school planning and improvement efforts, public school personnel who are paid with funds received under this part may— (i) participate in general professional development and school planning activities; and (ii) assume limited duties that are assigned to similar personnel who are not so paid, including duties beyond classroom instruction or that do not benefit participating children, so long as the amount of time spent on such duties is the same proportion of total work time as prevails with respect to similar personnel at the same school. (D) Special rules (i) Simultaneous service Nothing in this paragraph shall be construed to prohibit a school from serving students under this paragraph simultaneously with students with similar educational needs, in the same educational settings where appropriate. (ii) Comprehensive services If health, nutrition, and other social services are not otherwise available to eligible children in a targeted assistance school and such school, if appropriate, has engaged in a comprehensive needs assessment and established a collaborative partnership with local service providers and funds are not reasonably available from other public or private sources to provide such services, then a portion of the funds provided under this part may be used as a last resort to provide such services, including— (I) the provision of basic medical equipment, such as eyeglasses and hearing aids; (II) compensation of a coordinator; and (III) professional development necessary to assist teachers, pupil services personnel, other staff, and parents in identifying and meeting the comprehensive needs of eligible children. 1114. School identification and assistance (a) State review and responsibilities (1) In general Each State educational agency receiving funds under this part shall use a system designed by the State in accordance with section 1111(b)(3)(A) to annually— (A) review the academic performance of each public school in the State to measure the progress of each public school served under this part in meeting the State’s challenging academic standards and any other measures determined appropriate by the State, by using— (i) the State academic assessments described in section 1111(b)(2); (ii) secondary school graduation rates, as appropriate; and (iii) other indicators determined by the State; and (B) identify the public schools that receive funds under this part and are in need of assistance for improving student academic achievement and any other measures determined appropriate by the State. (2) State educational agency responsibilities The State educational agency shall— (A) make technical assistance available to local educational agencies that serve schools identified under paragraph (1)(B); (B) if the State educational agency determines that a local educational agency failed to carry out its responsibilities under this section, take such actions as the State educational agency determines to be appropriate and in compliance with State law; and (C) inform local educational agencies of schools identified under subparagraph (1)(B) in a timely manner that is before the beginning of the school year. (b) Local educational agency review and responsibilities (1) In general Each local educational agency with a school identified under subsection (a)(1)(B) shall, in consultation with school personnel, parents, and the local community— (A) conduct a review of such school and student achievement data, including data from the State assessments described in section 1111(b)(2), to determine the factors that led to such identification; (B) conduct a review of the policies, procedures, personnel decisions, and budgetary decisions of the local educational agency and the school that impact the school and could have contributed to the identification of the school; (C) develop appropriate strategies, as described under paragraph (3), for assisting the identified school; and (D) develop a comprehensive plan for the successful implementation of the assistance strategies, including— (i) technical assistance that will be provided to the school; (ii) improved delivery of services to be provided by the local educational agency; (iii) curriculum, program of instruction, or other services provided to students in the school; and (iv) any changes to personnel necessary to improve educational opportunities for children in the school. (2) Notice to parents A local educational agency shall promptly provide to a parent or parents of each student enrolled in a school identified under subsection (a)(1)(B)— (A) an explanation of what the identification means, and how the school compares in terms of academic achievement to other schools served by the local educational agency and the State educational agency involved; (B) the reasons for the identification; (C) an explanation of what the local educational agency or State educational agency is doing to help the school address the student academic achievement problem, including a description of the assistance strategies developed under paragraph (1)(C) that will be implemented in the school; (D) an explanation of how the parents can become involved in addressing the academic achievement issues that caused the school to be identified; and (E) an explanation of the parents’ option to transfer their child to another public school under paragraph (4), if applicable. (3) School assistance strategies (A) In general Consistent with subsection (a)(1) and paragraph (1), a local educational agency shall develop assistance strategies for an identified school, which may include, among other strategies— (i) replacing the principal who led the school before implementation of the strategy; (ii) screening and replacing teachers that are not effective in improving student achievement, as determined by the State or local educational agency; (iii) giving the school sufficient operational flexibility in programming, staffing, budgeting, and scheduling to fully implement a comprehensive strategy that is designed to substantially improve student achievement and, if applicable, increase the graduation rate; (iv) providing ongoing, high-quality professional development to instructional staff that is aligned with the school’s instructional program, facilitates effective teaching and learning, and supports the implementation of school turnaround model; (v) implementing strategies, such as financial incentives, increased opportunities for promotion and career growth, and more flexible work conditions, that are designed to recruit, place, and retain staff with the skills that are necessary to meet the needs of the students in the school; (vi) using data to identify and implement a research-based instructional program that is aligned with the State's challenging academic standards or to inform and differentiate instruction in order to meet the academic needs of individual students; (vii) converting a school or closing and reopening the school— (I) under a charter school operator, a charter management organization, an education management organization, as a magnet school, or as an innovative school as defined under State law; and (II) enrolling in the school, within the grades it serves, any former student from the identified school who wishes to attend the school; (viii) closing a school and enrolling the students who attended that school in other schools of the local educational agency that are higher performing; (ix) adopting a new governance structure for the school; and (x) any other strategies and activities that the local educational agency deems appropriate to address the needs of students in identified schools. (B) State determined strategies Consistent with State law, a State educational agency may establish alternative State determined strategies that can be used by local educational agencies to assist a school identified under subsection (a)(1)(B), in addition to the assistance strategies developed by a local educational agency under subparagraph (A). (4) Public school choice (A) In general In addition to the assistance strategies developed under paragraph (3)(A), a local educational agency may, not later than 3 months before the first day of the school year following identification under subsection (a)(1)(B), provide all students enrolled in the identified school with the option to transfer to another public school served by the local educational agency, unless such an option is prohibited by State law. (B) Priority In providing students the option to transfer to another public school, the local educational agency shall give priority to the lowest achieving children from low-income families, as determined by the local educational agency for the purposes of allocating funds to schools under section 1113(a)(3). (C) Treatment Students who use the option to transfer to another public school shall be enrolled in classes and other activities in the public school to which the students transfer in the same manner as all other children at the public school. (D) Special rule A local educational agency shall permit a child who transfers to another public school under this paragraph to remain in that school until the child has completed the highest grade in that school. (E) Provision of transportation (i) In general Except as provided in clause (ii), a local educational agency shall provide, or shall pay for the provision of, transportation for a student who transfers under this paragraph to the public school to which the student transfers. (ii) Exception The obligation of a local educational agency to provide, or pay for the provision of, transportation for a student who transfers under this paragraph ends at the end of a school year if the local educational agency determines that the school from which the student transferred is no longer identified under subsection (a)(1)(B). 1115. Reserved 1116. Reserved 1117. Reserved ; and (2) by striking section 1119 and inserting the following: 1119. Qualifications for teachers and paraprofessionals (a) Teachers Each local educational agency receiving assistance under this part shall ensure that all teachers working in a program supported with funds under this part meet applicable State certification and licensure requirements. (b) Paraprofessionals (1) In general Each local educational agency receiving assistance under this part shall ensure that all paraprofessionals hired after the date of enactment of the No Child Left Behind Act of 2001 (Public Law 107–110) and working in a program supported with funds under this part have— (A) completed not less than 2 years of study at an institution of higher education; (B) obtained an associate’s (or higher) degree; or (C) met a rigorous standard of quality and can demonstrate, through a formal State or local academic assessment— (i) knowledge of, and the ability to assist in, instructing, reading, writing, and mathematics; or (ii) knowledge of, and the ability to assist in, reading readiness, writing readiness, and mathematics readiness, as appropriate. (2) Clarification The receipt of a secondary school diploma (or its recognized equivalent) shall be necessary but not sufficient to satisfy the requirements of paragraph (1)(C). (c) Exceptions for translation and parental involvement activities Subsection (b) shall not apply to a paraprofessional— (1) who is proficient in English and a language other than English and who provides services primarily to enhance the participation of children in programs under this part by acting as a translator; or (2) whose duties consist solely of conducting parental involvement activities consistent with section 1118. (d) Duties of paraprofessionals (1) In general Each local educational agency receiving assistance under this part shall ensure that a paraprofessional working in a program supported with funds under this part is not assigned a duty inconsistent with this subsection. (2) Limitations A paraprofessional described in paragraph (1) may only provide instructional service to a student under the direct supervision of a teacher or principal. (3) Responsibilities paraprofessionals may be assigned A paraprofessional described in paragraph (1) may be assigned— (A) to provide one-on-one tutoring for eligible students, if the tutoring is scheduled at a time when a student would not otherwise receive instruction from a teacher; (B) to assist with classroom management, such as organizing instructional and other materials; (C) to provide assistance in a computer laboratory; (D) to conduct parental involvement activities; (E) to provide support in a library or media center; (F) to act as a translator; or (G) to provide instructional services to students in accordance with paragraph (2). . 105. Participation of children enrolled in private schools Section 1120(a) (20 U.S.C. 6320(a)) is amended by striking paragraph (4) and inserting the following: (4) Expenditures (A) In general Expenditures for educational services and other benefits to eligible private school children shall be equal to the proportion of funds allocated to the local educational agency based on the number of children from low-income families who attend private schools. (B) Term of determination The local educational agency may determine the equitable share each year or every 2 years. (C) Method of determination The proportional share of funds shall be determined— (i) based on the total allocation received by the local educational agency; and (ii) prior to any allowable expenditures or transfers by the local educational agency. . 106. Title I funds follow the low-income child State option Subpart 2 of part A of title I (20 U.S.C. 6331 et seq.) is amended by adding at the end the following: 1128. Title I funds follow the low-income child State option (a) In general Notwithstanding any other provision of law and to the extent permitted under State law, a State educational agency may allocate grant funds under this subpart among the local educational agencies in the State based on the number of eligible children enrolled in the public schools operated by each local educational agency. (b) Eligible child (1) Definition In this section, the term eligible child means a child aged 5 to 17, inclusive, from a family with an income below the poverty level on the basis of the most recent satisfactory data published by the Department of Commerce. (2) Criteria of poverty In determining the families with incomes below the poverty level for the purposes of this section, a State educational agency shall use the criteria of poverty used by the Census Bureau in compiling the most recent decennial census, as the criteria have been updated by increases in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics. (c) Student enrollment in public schools (1) Identification of eligible children On an annual basis, on a date to be determined by the State educational agency, each local educational agency that receives grant funding in accordance with subsection (a) shall inform the State educational agency of the number of eligible children enrolled in public schools served by the local educational agency. (2) Allocation to local educational agencies Based on the identification of eligible children in paragraph (1), the State educational shall provide to a local educational agency an amount equal to the sum of the amount available for each eligible child in the State multiplied by the number of eligible children identified by the local educational agency under paragraph (1). (3) Distribution to schools Each local educational agency that receives funds under paragraph (2) shall distribute such funds to the public schools served by the local educational agency— (A) based on the number of eligible children enrolled in such schools; and (B) in a manner that would, in the absence of such Federal funds, supplement the funds made available from non-Federal resources for the education of pupils participating in programs under this part, and not to supplant such funds. . 107. Academic assessments Part B of title I (20 U.S.C. 6361 et seq.) is amended to read as follows: B Academic assessments 1201. Grants for State assessments and related activities The Secretary shall make grants to States to enable the States to carry out the following: (1) To pay the costs of the development of the additional State assessments and standards required by section 1111(b), which may include the costs of working in voluntary partnerships with other States, at the sole discretion of each such State. (2) If a State has developed the assessments required by section 1111(b), to administer those assessments or to carry out other activities described in this part and other activities related to ensuring that the State’s schools and local educational agencies are held accountable for results, such as the following: (A) Expanding the range of appropriate accommodations available to English language learners and students with disabilities to improve the rates of inclusion in regular assessments of such students, including professional development activities to improve the implementation of such accommodations in instructional practice. (B) Developing or improving assessments for students with disabilities, including the development of assessments— (i) for all students, including students with disabilities, using the principles of universal design; (ii) aligned to modified State content standards; and (iii) aligned to alternate State content standards for students with the most significant cognitive disabilities. (C) Developing challenging academic content and student academic achievement standards and aligned assessments in academic subjects for which standards and assessments are not required under section 1111(b). (D) Developing or improving assessments of English language proficiency necessary to comply with section 1111(b)(2)(B)(vi)(IV). (E) Ensuring the continued validity and reliability of State assessments. (F) Refining State assessments to ensure their continued alignment with the State’s academic content standards and to improve the alignment of curricula and instructional materials. 1202. Grants for enhanced assessment instruments (a) Grant program authorized (1) In general From funds made available to carry out this part, the Secretary shall award, on a competitive basis, grants to State educational agencies to enable the agencies to carry out the activities described in this section. (2) Application A State educational agency that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (3) Award of grants The Secretary shall award grants to State educational agencies whose applications demonstrate, to the satisfaction of the Secretary, that the following requirements of this section will be met: (A) Developing or improving assessments for students with disabilities, including the development of assessments— (i) for all students, including students with disabilities, using the principles of universal design; (ii) aligned to modified State content standards; and (iii) aligned to alternate State content standards for students with the most significant cognitive disabilities. (B) Collaborating with institutions of higher education, other research institutions, or other organizations to improve the quality, validity, and reliability of State academic assessments. (C) Measuring student academic achievement using multiple measures of student academic achievement from multiple sources. (D) Measuring student progress or academic growth over time. (E) Evaluating student academic achievement through the development of comprehensive academic assessment instruments, such as performance and technology-based academic assessments. (F) Developing or improving the quality, validity, and reliability of assessments for English language learners, including alternative assessments aligned with State content standards, testing accommodations for English language learners, and assessments of English language proficiency. (b) Annual report Each State educational agency receiving a grant under this section shall submit an annual report to the Secretary describing its activities, and the result of those activities, under the grant. 1203. Funding (a) Allotment of appropriated funds (1) In general From amounts made available for each fiscal year under subsection 1002(b) that are equal to or less than the amount described in section 1111(b)(2)(F) (referred to in this subsection as the trigger amount), the Secretary shall— (A) reserve 1/2 of 1 percent for the Bureau of Indian Affairs; (B) reserve 1/2 of 1 percent for the outlying areas; and (C) from the remainder, allocate to each State an amount equal to— (i) $3,000,000; and (ii) with respect to any amounts remaining after the allocation is made under clause (i), an amount that bears the same relationship to such total remaining amounts as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (2) Remainder Any amounts remaining for a fiscal year after the Secretary carries out paragraph (1) shall be made available as follows: (A) (i) To award funds under section 1202 to States according to the quality, needs, and scope of the State application under that section. (ii) In determining the grant amount under clause (i), the Secretary shall ensure that a State’s grant shall include an amount that bears the same relationship to the total funds available under this paragraph for the fiscal year as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (B) Any amounts remaining after the Secretary awards funds under subparagraph (A) shall be allocated to each State that did not receive a grant under such subparagraph, in an amount that bears the same relationship to the total funds available under this subparagraph as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (3) Priority The Secretary shall give priority to States that propose to conduct activities consistent with section 1202(a)(3)(A). (b) State defined In this section, the term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. . 108. Evaluations Section 1501 (20 U.S.C. 6491) is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A), by striking relative to the goal of all students reaching the proficient level of achievement based on State academic assessments, challenging State academic content standards, and challenging State student academic achievement standards under section 1111 and inserting so that all students are prepared to graduate from high school ready to enter postsecondary education or the workforce without the need for academic remediation; (ii) by striking subparagraphs (D), (F), and (G); (iii) by redesignating subparagraphs (E), (H), (I), (J), (K), (L), (M), (N), and (O), as subparagraphs (D), (E), (F), (G), (H), (I), (J), (K), and (L), respectively; (iv) in subparagraph (D), as redesignated by clause (iii)— (I) in clause (iii), by adding and after the semicolon; (II) in clause (iv), by striking ; and and inserting a period; and (III) by striking clause (v); (v) by striking subparagraph (F), as redesignated by clause (iii), and inserting the following: (F) The extent to which actions authorized under section 1114(b) are implemented by State educational agencies and local educational agencies to improve the academic achievement of students in low-performing schools, and the effectiveness of such actions, including the following: (i) The number of schools identified under section 1114(a)(1)(B) and the factors that lead to such identification. (ii) The assistance strategies designed and implemented by the State educational agency or the local educational agency and the impact of such strategies on improving student academic achievement and improving school performance. (iii) If applicable, the number of parents who take advantage of the public school choice provisions of this title, the costs (including transportation costs) associated with implementing these provisions, the implementation of these provisions, and the impact of these provisions (including the impact of attending another school) on student achievement. ; and (vi) in subparagraph (K), as redesignated by clause (iii), by striking section 1111(b)(2)(C)(v)(II) and inserting subclauses (I) through (IV) of section 1111(b)(2)(B)(viii); and (B) in paragraph (6)— (i) in subparagraph (A), by striking the No Child Left Behind Act of 2001 and inserting the Every Child Ready for College or Career Act of 2013; and (ii) in subparagraph (B), by striking the No Child Left Behind Act of 2001 and inserting the Every Child Ready for College or Career Act of 2013; and (2) in subsection (c)(2)(E), by striking section 1116 and inserting section 1114(c). 109. Demonstrations of innovative practices Part E of title I (20 U.S.C. 6491 et seq.) is amended by striking sections 1502 through 1504. 110. General provisions Title I (20 U.S.C. 6301 et seq.) is amended— (1) by striking parts F, G, and H; (2) in section 1120A, by striking subsection (a) and redesignating subsections (b), (c), and (d), as subsections (a), (b), and (c); (3) by striking section 1908; (4) by redesignating part I as part F; (5) by redesignating sections 1901 through 1907 as sections 1601 through 1607; and (6) in section 1604, as redesignated by paragraph (5), by striking 6 local educational agencies and inserting 25 local educational agencies both places the term appears. 111. National assessment of educational progress Section 305 of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9624) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) State assessments For the purpose of administering the State assessments under this title, there are authorized to be appropriated $72,000,000 for each of fiscal years 2014 through 2018. . II High-quality teachers and principals 201. High-quality teachers and principals The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended— (1) by redesignating subpart 5 of part C of title II as subpart 3 of part E of title IX and moving that subpart to the end of part E of title IX; (2) by redesignating sections 2361 through 2368 as sections 9541 through 9548, respectively; (3) by striking the subpart heading of subpart 3 of part E of title IX, as redesignated by paragraph (1), and inserting the following: 3 Teacher liability protection ; (4) in section 9546(b), as redesignated by paragraph (2), by striking the matter following paragraph (2) and inserting the following: (3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law. ; (5) by redesignating subpart 4 of part D of title II as subpart 4 of part E of title IX and moving that subpart to follow subpart 3 of part E of title IX, as redesignated by paragraph (1); (6) by redesignating section 2441 as section 9551; (7) by striking the subpart heading of subpart 4 of part E of title IX, as redesignated by paragraph (5), and inserting the following: 4 Internet safety ; and (8) by striking title II and inserting the following: II Preparing, training, and recruiting high-quality teachers and principals 2101. Purpose The purpose of this title is to improve student academic achievement by— (1) increasing the capacity of local educational agencies, schools, teachers, and principals to provide a well-rounded and complete education for all students; (2) improving teacher and principal quality and effectiveness; (3) increasing the number of teachers and principals who are effective in improving student academic achievement in schools; and (4) ensuring that low-income and minority students are served by effective teachers and principals and have access to a high-quality instructional program in the core academic subjects. 2102. Definitions In this title: (1) Core academic subjects The term core academic subjects means English, reading or language arts, writing, science, technology, engineering, mathematics, foreign languages, civics and government, economics, arts, history, geography, music, and physical education. (2) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 2103. Authorization of appropriations (a) Grants to States and local educational agencies There are authorized to be appropriated to carry out this title $3,045,058,000 for each of fiscal years 2014 through 2018. (b) National activities From amounts appropriated under subsection (a) for each fiscal year, the Secretary shall reserve not more than 5 percent to carry out activities authorized under section 2108. (c) Teacher incentive fund From amounts appropriated under subsection (a) for each fiscal year that remain after making the reservation under subsection (b), the Secretary shall reserve not less than 10 percent to carry out activities authorized under part B. A Fund for the improvement of teaching and learning 2104. Formula grants to States (a) Reservation of funds From the total amount appropriated under section 2103(a) for a fiscal year after the Secretary makes the reservations under subsections (b) and (c) of section 2103, the Secretary shall reserve— (1) 1/2 of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this part; and (2) 1/2 of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education. (b) State allotments (1) In general From the funds appropriated under section 2103(a) for a fiscal year that remains after the Secretary makes the reservations under paragraphs (1) and (2) and subsections (b) and (c) of section 2103, the Secretary shall allot to each State the sum of— (A) an amount that bears the same relationship to 20 percent of the remaining amount as the number of individuals age 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (B) an amount that bears the same relationship to 80 percent of the remaining amount as the number of individuals age 5 through 17 from families with incomes below the poverty line, in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined. (2) Exceptions (A) Small State minimum No State receiving an allotment under paragraph (1) may receive less than 1/2 of 1 percent of the total remaining amount allotted under such paragraph for a fiscal year. (B) Reallotment If a State does not receive an allotment under this title for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the remaining States in accordance with this section. (c) State use of funds (1) In general Each State that receives an allotment under this section shall reserve not less than 95 percent of the amount allotted to such State under subsection (b), for each fiscal year, to make subgrants to local educational agencies as described in section 2105. (2) State administration A State educational agency may use not more than 1 percent of the amount allotted to such State under subsection (b) for the administrative costs of carrying out such State educational agency’s responsibilities under this title. (3) State activities The State educational agency for a State that receives an allotment under subsection (a) may use funds not reserved under paragraph (1) to carry out the following activities, which may be carried out through a grant or contract with a for-profit or nonprofit entity: (A) Reforming teacher and principal certification, recertification, licensing, or tenure systems to ensure that— (i) teachers have the necessary subject matter knowledge and teaching skills in the academic subjects that the teachers teach to help students meet challenging State standards; (ii) principals have the instructional leadership skills to help teachers teach and to help students meet challenging State standards; and (iii) teacher certification or licensing requirements are aligned with challenging State standards. (B) Developing or improving teacher and principal evaluation systems that shall be based in significant part on evidence of student achievement and may include student growth and other measures determined by the State. (C) Carrying out programs that establish, expand, or improve alternative routes for State certification of teachers and principals, especially in the areas of mathematics and science, for— (i) highly qualified individuals with a bachelor’s or master’s degree; (ii) mid-career professionals from other occupations; (iii) paraprofessionals; (iv) former military personnel; and (v) recent college or university graduates with records of academic distinction who demonstrate the potential to become highly effective teachers or principals. (D) Developing and implementing mechanisms to assist local educational agencies and schools in effectively recruiting and retaining teachers and principals who are effective in improving student academic achievement. (E) Fulfilling the State educational agency’s responsibilities concerning proper and efficient administration and monitoring of the programs carried out under this part, including provision of technical assistance to local educational agencies. (F) Developing, or assisting local educational agencies in developing— (i) performance-based pay systems; (ii) strategies that provide differential and bonus pay for teachers in high-need academic subjects and teachers or principals in high-poverty schools and districts; (iii) teacher advancement initiatives that promote professional growth and emphasize multiple career paths and pay differentiation; and (iv) new teacher and principal induction and mentoring programs that are designed to— (I) improve instruction and student learning and achievement; and (II) increase the retention of effective teachers and principals. (G) Providing assistance to local educational agencies for the development and implementation of high-quality professional development programs for principals that enable the principals to be effective school leaders and prepare all students to meet challenging State academic content and student academic achievement standards, and the development and support of school leadership academies to develop educational leaders. (H) Supporting efforts to train teachers and principals to effectively integrate technology into curricula and instruction. (I) Providing training, technical assistance, and capacity building to local educational agencies that receive a subgrant under this title. (J) Other activities identified by the State that meet the purpose of this part. (d) State plan (1) In general In order to receive an allotment under this section for any fiscal year, a State shall submit a plan to the Secretary, at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents Each plan described under paragraph (1) shall include the following: (A) A description of how the State educational agency will use funds received under this title for State-level activities described in subsection (c). (B) An assurance that the State educational agency will monitor the implementation of activities under this title and provide technical assistance to local educational agencies in carrying out such activities. (C) An assurance that the State educational agency will work in consultation with the entity responsible for teacher professional standards, certification, and licensing, to ensure that the State activities carried out under this subpart are carried out in conjunction with the entity responsible for such standards, certification, and licensing under State law. 2105. Subgrants to local educational agencies (a) Allocation of funds to local educational agencies (1) In general A State educational agency that receives a grant under this title for a fiscal year shall provide the amount made available under section 2104(c)(1) to award subgrants to local educational agencies from allocations described in paragraph (2). (2) Allocation formula From the funds described in paragraph (1), the State educational agency shall allocate to each of the eligible local educational agencies in the State for a fiscal year the sum of— (A) an amount that bears the same relationship to 20 percent of the funds for such fiscal year as the number of individuals age 5 through 17 in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined; and (B) an amount that bears the same relationship to 80 percent of the funds for such fiscal year as the number of individuals age 5 through 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined. (3) Administrative costs Of the amount received under paragraph (2), a local educational agency may use not more than 2 percent for the direct administrative costs of carrying out its responsibilities under this title. (b) Local Applications (1) In general To be eligible to receive a subgrant under this section, a local educational agency shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. (2) Needs assessment (A) In general To be eligible to receive a subgrant under this subpart, a local educational agency shall conduct a comprehensive needs assessment of the local educational agency and of all schools within the jurisdiction of the local educational agency. (B) Requirements Such needs assessment shall be designed to determine the schools with the most acute staffing needs related to— (i) increasing the number of teachers and principals who are effective in improving student academic achievement; (ii) ensuring that low-income and minority students are served by effective teachers and principals and have access to a high-quality instructional program in the core academic subjects; (iii) hiring, retention, and promotion; (iv) understanding and using data and assessments to improve student learning and classroom practice; (v) improving student behavior in the classroom and school, including the identification of early and appropriate interventions; and (vi) teaching students who are English language learners and students with disabilities. (3) Consultation (A) In general In conducting a needs assessment as described in paragraph (2), a local educational agency shall— (i) involve teachers, principals, pupil services personnel, parents, community-based organizations, and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this part; and (ii) take into account the activities that need to be conducted in order to give teachers and principals the skills to provide students with the opportunity to meet challenging State standards. (B) Continued consultation A local educational agency shall consult with such individuals and organizations described in subparagraph (A) on an ongoing basis in order to— (i) seek advice regarding how best to improve the local educational agency’s activities to meet the purpose of this part; and (ii) coordinate the local educational agency’s activities under this part with other related strategies, programs, and activities being conducted in the community. (4) Contents Each application submitted under this section shall be based on the results of the needs assessment required under paragraph (2) and shall include the following: (A) A description of the results of the comprehensive needs assessment carried out under paragraph (2). (B) A description of the activities to be carried out by the local educational agency under this section and how these activities will be aligned with the State’s challenging academic standards. (C) An assurance that such activities will comply with the principles of effectiveness described in section 2106(b). (D) A description of the professional development activities that will be made available to teachers and principals to meet needs identified by the needs assessment described in paragraph (2). (E) A description of how the local educational agency will support efforts to train teachers and principals to effectively integrate technology into curricula and instruction. (F) An assurance that the local educational agency will comply with section 9501 (regarding participation by private school children and teachers). (G) A description of how the local educational agency will prioritize funds to schools served by the agency that are identified under section 1114(a)(1)(B) and have the highest percentage or number of children counted under section 1124(c). (H) An assurance that the local educational agency will coordinate professional development activities authorized under this subpart with professional development activities provided through other Federal, State, and local programs. 2106. Local use of funds (a) In general A local educational agency that receives a subgrant under section 2105 shall use the funds made available through the subgrant to develop, implement, and evaluate comprehensive programs and activities, which may be carried out through a grant or contract with a for-profit or nonprofit entity, that are in accordance with the purposes of this title and— (1) meet the needs identified in the needs assessment described in 2105(b)(2); (2) are consistent with the principles of effectiveness described in subsection (b); and (3) may include, among other programs and activities— (A) developing or improving a rigorous, transparent, and fair evaluation system for teachers and principals that shall be based in significant part on evidence of student achievement, and may include student growth as a significant factor; (B) developing and implementing initiatives to assist in recruiting, hiring, and retaining highly effective teachers and principals, particularly in high-poverty schools with high percentages of ineffective teachers and high percentages of students who do not meet State-determined proficient levels of achievement in the core academic subjects, including initiatives that provide— (i) differential, incentive, or bonus pay for teachers in high-need academic subject areas and specialty areas; (ii) performance-based pay systems for teachers and principals; (iii) teacher advancement, professional growth, and emphasis on multiple career paths and pay differentiation; and (iv) new teacher and principal induction and mentoring programs that are designed to improve instruction, student learning and achievement, and to increase teacher and principal retention; (C) recruiting qualified individuals from other fields, including mid-career professionals from other occupations, former military personnel, and recent graduates of an institution of higher education with a record of academic distinction who demonstrate potential to become effective teachers or principals; (D) establishing, improving, or expanding model instructional programs in the core academic subjects to ensure that all children receive a well-rounded and complete education; (E) providing high-quality professional development for teachers and principals focused on improving teaching and student learning and achievement in the core academic subjects, including supporting efforts to train teachers and principals to effectively integrate technology into curricula and instruction; (F) developing programs and activities that increase the ability of teachers to effectively teach students with disabilities, including students with significant cognitive disabilities, which may include the use of response to intervention and positive behavioral intervention and supports, and students who are English language learners so that such students can meet the State's challenging academic content and student academic achievement standards; (G) providing students with increased access to up-to-date school library materials, a well-equipped, technologically advanced school library media center, and well-trained professionally certified school library media specialist; (H) providing programs and activities to help students prepare for postsecondary level coursework in the core academic subjects, including early college or dual enrollment programs, Advanced Placement and International Baccalaureate programs, and other advanced learning programs, including programs to meet the educational needs of gifted and talented students; (I) providing programs that support extended learning opportunities in the core academic subjects, including before and after school programs, summer school programs, and programs that extend the school day, week, or school-year calendar; (J) providing general liability insurance coverage for the purchase by teachers related to actions performed in their scope of duties; and (K) carrying out other activities identified by the local educational agencies that meet the purpose of this part. (b) Principles of effectiveness (1) In general For a program or activity developed pursuant to this title to meet the principles of effectiveness, such program or activity shall— (A) be based upon an assessment of objective data regarding the need for programs and activities in the schools to be served to— (i) increase the number of teachers and principals who are effective in improving student academic achievement; and (ii) ensure that low-income and minority students are served by effective teachers and principals and have access to a high-quality instructional program in the core academic subjects; (B) be based upon an established set of performance measures aimed at ensuring that all students receive a high-quality education in the core academic subjects, taught by effective teachers, that result in improved student academic achievement in the school served by the program; (C) reflect, to the extent practicable, scientifically valid research, or in the absence of a strong research base, reflect best practices in the field, that provides evidence that the program or activity will improve student academic achievement in the core academic subjects; and (D) include meaningful and ongoing consultation with and input from teachers, principals, and parents, in the development of the application and administration of the program or activity. (2) Periodic evaluation (A) In general The program or activity shall undergo a periodic evaluation to assess its progress toward achieving the goal of providing students with a high-quality education in the core academic subjects, taught by effective teachers, that results in improved student academic achievement. (B) Use of results The results of evaluations described under subparagraph (A) shall be— (i) used to refine, improve, and strengthen the program or activity, and to refine the performance measures; and (ii) made available to the public upon request, with public notice of such availability provided. 2107. Reporting (a) In general Each State educational agency receiving funds under this title shall submit to the Secretary a report that provides— (1) the number of teachers and principals in the State who are licensed and certified; (2) the number of teachers in the State who are licensed and certified to teach in their field of study; (3) the number of teachers and principals in the State who have received emergency licensure; (4) the passage rate of teacher and principal licensure examinations; and (5) if applicable, results of teacher and principal evaluation systems. (b) Local educational agency report Each local educational agency receiving funds under this title shall submit to the State educational agency such information that the State requires, which shall include the information listed in subsection (a). (c) Availability The reports and information provided under subsections (a) and (b) shall be made readily available to the public. 2108. National activities of demonstrated effectiveness (a) Purpose The purpose of this section is to promote innovative instruction and learning strategies by nationally recognized organizations with a proven track record of effectiveness in providing preparation and professional development activities and programs for teachers and principals, particularly in underserved areas. (b) Technical assistance and national evaluation From the funds reserved by the Secretary under section 2103(b) to carry out this section, the Secretary may reserve not more than 20 percent to carry out directly or through grants and contracts— (1) technical assistance to States and local educational agencies carrying out activities under this part; and (2) national evaluations of activities carried out by States and local educational agencies under this part. (c) Programs of national significance From the funds reserved by the Secretary under section 2103(b), and not reserved under subsection (b), the Secretary shall award grants, on a competitive basis, to eligible entities for the purposes of— (1) providing teachers and school leaders from non-traditional preparation and certification routes to serve in traditionally underserved local education agencies; (2) providing professional development activities that addresses literacy, numeracy, remedial, or other needs of local education agencies and their students; or (3) making freely available services and learning opportunities to local education agencies through partnerships and cooperative agreements or by making publicly accessible through the Internet or other widely available means. (d) Program periods and diversity of projects (1) In general A grant awarded by the Secretary to an eligible entity under this section shall be of sufficient size, for a period of not more than 3 years, and may be renewed by the Secretary for an additional 2 year period. (2) Diversity of projects The Secretary shall ensure that reach eligible entity will serve different areas, including urban, suburban, and rural areas. (3) Limitation The Secretary may not award more than one grant to an eligible entity during a grant period. (e) Cost-Sharing (1) In general An eligible entity that receives a grant under this section, shall provide, from non-Federal sources, not less than 50 percent of the funds for the total cost for each year of activities carried out under this section. (2) Acceptable contributions An eligible entity that receives a grant under this section may meet the requirement of paragraph (1) by providing contributions in cash or in kind, fairly evaluated, including plant, equipment, and services. (3) Waivers The Secretary may waive or modify the requirement of paragraph (1) in cases of demonstrated financial hardship. (f) Applications In order to receive a grant under this section, an eligible entity shall submit an application to the Secretary in such time and in such manner that the Secretary may require, which shall include, at a minimum, a certification that the eligible entity will provide services to the local educational agency and schools it serves at no cost to its students or parents. (g) Definition of eligible entity In this section, the term eligible entity means— (1) an institution of higher education, as defined in section 102 of the Higher Education Act of 1965, that provides course materials or resources that are research proven in increasing academic achievement; or (2) a national nonprofit or for-profit organization with a demonstrated track record of raising student academic achievement, graduation rates, and college-going rates. 2109. Prohibition against Federal mandates, direction, or control Nothing in this title shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, control, or exercise any direction or supervision over a State, local educational agency, or school’s instructional content or materials, curriculum, program of instruction, academic content and student academic achievement standards, or academic assessments. 2110. Supplement, not supplant Funds made available under this title shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this title. B Teacher incentive fund 2201. Purposes; definitions (a) Purposes The purposes of this part are— (1) to assist States, local educational agencies, and nonprofit organizations to develop, implement, improve, or expand comprehensive performance-based compensation systems for teachers and principals, especially for teachers and principals in high-need schools, who raise student academic achievement and close the achievement gap; and (2) to study and review performance-based compensation systems for teachers and principals to evaluate the effectiveness, fairness, quality, consistency, and reliability of the systems. (b) Definitions In this part: (1) Eligible entity The term eligible entity means— (A) a local educational agency or a consortium of local educational agencies, including a charter school that is a local educational agency; (B) a State educational agency, or other State agency designated by the chief executive of a State to participate under this part; or (C) a partnership consisting of— (i) one or more agencies described in subparagraph (A) or (B); and (ii) at least 1 nonprofit or for-profit organization. (2) High-need local educational agency The term high-need local educational agency means a local educational agency— (A) (i) that serves not fewer than 10,000 children from families with incomes below the poverty line; or (ii) for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line; and (B) (i) for which there is a high percentage of teachers not teaching in the academic subjects or grade levels that the teachers were trained to teach; or (ii) for which there is a high percentage of teachers with emergency, provisional, or temporary certification or licensing. (3) High-need school The term high-need school means a school that— (A) is located in an area in which the percentage of students from families with incomes below the poverty line is 30 percent or more; or (B) (i) has a high percentage of out-of-field teachers; (ii) is within the top quartile of elementary schools and secondary schools statewide, as ranked by the number of unfilled, available teaching positions at the schools; (iii) has a high teacher turnover rate; or (iv) has a high percentage of teachers who are not certified or licensed. (4) Performance-based compensation system The term performance-based compensation system means a system of compensation for teachers and principals that— (A) differentiates levels of compensation primarily on the basis of measurable increases in student academic achievement; and (B) may include— (i) differentiated levels of compensation on the basis of effective teachers’ and principals’ employment and success in hard-to-staff schools or high-need subject areas; and (ii) recognition of the skills and knowledge of teachers and principals as demonstrated through— (I) successful fulfillment of additional responsibilities or job functions; and (II) evidence of high achievement and mastery of content knowledge and superior teaching skills. 2202. Teacher incentive fund grants (a) In general From the amounts appropriated to carry out this part, the Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable the eligible agencies to develop, implement, improve, or expand a performance-based compensation system in a school served by a project under this part. (b) Priority In awarding a grant under this part, the Secretary shall give priority to an eligible entity that concentrates the activities proposed to be assisted under the grant on teachers and principals serving in high-need schools. (c) Applications To be eligible to receive a grant under this part, an eligible entity shall submit an application to the Secretary, at such time and in such manner as the Secretary may reasonably require. The application shall include— (1) a description of the performance-based compensation system that the eligible entity proposes to develop, implement, improve, or expand; (2) a description and evidence of the support and commitment, from teachers and principals in the school to be served by the project, the community, and the local educational agency, for the performance-based compensation system, including a demonstration of consultation with teachers and principals on the development and implementation of the performance-based compensation system; (3) a description of how the eligible entity will develop and implement a fair, rigorous, and objective process to evaluate teacher, principal, and student performance under the project, including the baseline performance against which evaluations of improved performance will be made; (4) a description of the local educational agency or school to be served by the project, including such student academic achievement, demographic, and socioeconomic information as the Secretary may request; (5) a description of the quality of teachers and principals in the local educational agency and the schools to be served by the project and how the project will increase the quality of teachers and principals in a high-need school; (6) a description of how the eligible entity will use grant funds under this part in each year of the grant; (7) a description of how the eligible entity will continue the performance-based compensation system assisted under the grant after the grant ends; (8) a description, if applicable, of how the eligible entity will define effective for the purposes of section 2201(b)(4)(B)(i), through the use of measurable indicators, that are based in significant part on measures of student academic achievement; and (9) a description of the State, local, or other public or private funds that will be used to supplement the grant and sustain the activities assisted under the grant at the end of the grant period. (d) Use of funds (1) In general An eligible entity that receives a grant under this part shall use the grant funds to develop, implement, improve, or expand, in collaboration with teachers, principals, other school administrators, and members of the public, a performance-based compensation system consistent with this part. (2) Authorized activities Grant funds under this part may be used for the following: (A) Developing appraisal systems that reflect clear and fair measures of teacher and principal performance based on demonstrated improvements in student academic achievement. (B) Conducting outreach within a local educational agency or a State to gain input on how to construct the appraisal system and to develop support for the appraisal system. (C) Paying, as part of a comprehensive performance-based compensation system, bonuses and increased salaries, if the eligible entity uses an increasing share of non-Federal funds to pay the bonuses and increased salaries each year of the grant, to— (i) teachers and principals who raise student academic achievement; (ii) teachers who— (I) raise student academic achievement; and (II) (aa) teach in high-need schools; or (bb) teach subjects that are difficult to staff; or (iii) principals who raise student academic achievement in the school and serve in high-need schools. (e) Duration of grants (1) In general The Secretary may award a grant under this part for a period of not more than 5 years. (2) Limitation A local educational agency may receive (whether individually or as part of a consortium or partnership) a grant under this part only once. (f) Equitable distribution To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this part. (g) Matching requirement Each eligible entity that receives a grant under this part shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant (which may be provided in cash or in-kind) to carry out the activities supported by the grant. (h) Supplement, not supplant Grant funds provided under this part shall be used to supplement, not supplant, other Federal or State funds available to carry out activities described in this part. 2203. Reports and evaluations (a) Activities summary Each eligible entity receiving a grant under this part shall provide to the Secretary a summary of the activities assisted under the grant. (b) Report The Secretary shall provide to Congress an annual report on the implementation of the program assisted under this part, including— (1) information on eligible entities that received grant funds under this part, including— (A) information provided by eligible entities to the Secretary in the applications submitted under section 2202(c); (B) the summaries received under subsection (a); and (C) grant award amounts; (2) student academic achievement data; and (3) such other information as the Secretary may include. (c) Evaluation (1) In general The Secretary shall, through a grant or contract, carry out an independent evaluation to measure the effectiveness of the program assisted under this part. (2) Contents The evaluation under paragraph (1) shall measure— (A) the effectiveness of the program in improving student academic achievement; (B) the satisfaction of the participating teachers or principals; and (C) the extent to which the program assisted the eligible entities in recruiting and retaining high-quality teachers and principals, especially in hard-to-staff subject areas. 2204. Reservation of funds Of the total amount reserved under section 2103(c) for this part for a fiscal year, the Secretary may reserve for such fiscal year not more than 1 percent for the cost of the evaluation under section 2203(c) and for technical assistance in carrying out this part. . III Safe and healthy students 301. General provisions The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended— (1) in title IV (20 U.S.C. 7101 et seq.)— (A) by redesignating subpart 3 of part A as subpart 5 of part E of title IX and moving that subpart to follow subpart 4 of part E of title IX, as redesignated by section 201 of this Act; (B) by redesignating section 4141 as section 9561; (C) by redesignating section 4155 as section 9537 and moving that section so as to follow section 9536; (D) by redesignating part C as subpart 6 of part E of title IX and moving that subpart to follow subpart 5 of part E of title IX, as redesignated by subparagraph (A); and (E) by redesignating sections 4301, 4302, 4303, and 4304, as sections 9571, 9572, 9573, and 9574, respectively; and (2) by striking title IV (20 U.S.C. 7101 et seq.) and inserting the following: IV Safe and healthy students 4101. Purpose The purpose of this title is to improve students’ safety, health, and well-being during and after the school day by— (1) increasing the capacity of local educational agencies, schools, and local communities to create safe, healthy, supportive, and drug-free environments; (2) carrying out programs designed to improve school safety and promote students’ physical and mental health well-being, healthy eating and nutrition, and physical fitness; (3) preventing and reducing substance abuse, school violence, and bullying; and (4) strengthening parent and community engagement to ensure a healthy, safe, and supportive school environment. 4102. Definitions In this title: (1) Controlled substance The term controlled substance means a drug or other substance identified under Schedule I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)). (2) Drug The term drug includes controlled substances, the illegal use of alcohol or tobacco, and the harmful, abusive, or addictive use of substances, including inhalants and anabolic steroids. (3) Drug and violence prevention The term drug and violence prevention means— (A) with respect to drugs, prevention, early intervention, rehabilitation referral, or education related to the illegal use of drugs; and (B) with respect to violence, the promotion of school safety, such that students and school personnel are free from violent and disruptive acts, including sexual harassment and abuse, and victimization associated with prejudice and intolerance, on school premises, going to and from school, and at school-sponsored activities, though the creation and maintenance of a school environment that is free of weapons and fosters individual responsibility and respect for the rights of others. (4) School-based mental health services provider The term school-based mental health services provider includes a State licensed or State certified school counselor, school psychologist, school social worker, or other State licensed or certified mental health professional qualified under State law to provide such services to children and adolescents. (5) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 4103. Formula grants to States (a) Reservations From the total amount appropriated under section 4108 for a fiscal year, the Secretary shall reserve— (1) not more than 1 percent for national activities, which the Secretary may carry out directly or through grants and contracts, such as providing technical assistance to States and local educational agencies carrying out activities under this title or conducting a national evaluation; (2) 1/2 of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this title; and (3) 1/2 of 1 percent for the Secretary of the Interior for programs under this title in schools operated or funded by the Bureau of Indian Education. (b) State allotments (1) Allotment (A) In general In accordance with subparagraph (B), the Secretary shall allot among each of the States the total amount made available to carry out this title for any fiscal year and not reserved under subsection (a). (B) Determination of State allotment amounts Subject to paragraph (2), the Secretary shall allot the amount made available under subparagraph (A) for a fiscal year among the States in proportion to the number of children, aged 5 to 17, who reside within the State and are from families with incomes below the poverty line for the most recent fiscal year for which satisfactory data are available, compared to the number of such individuals who reside in all such States for that fiscal year. (2) Small State minimum No State receiving an allotment under paragraph (1) may receive less than 1/2 of 1 percent of the total amount allotted under such paragraph. (3) Reallotment If a State does not receive an allotment under this title for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the remaining States in accordance with this section. (c) State use of funds (1) In general Each State that receives an allotment under this section shall reserve not less than 98 percent of the amount allotted to such State under subsection (b), for each fiscal year for subgrants to local educational agencies under section 4104. (2) State administration A State educational agency may use not more than 1 percent of the amount made available to the State under subsection (b) for the administrative costs of carrying out its responsibilities under this title. (3) State activities A State educational agency may use the amount made available to the State under subsection (b) and not reserved under paragraph (1) for the following activities: (A) Providing training, technical assistance, and capacity building to local educational agencies that are recipients of awards under this title. (B) Other activities identified by the State that meet the purpose of this title. (d) State plan (1) In general In order to receive an allotment under this section for any fiscal year, a State shall submit a plan to the Secretary, at such time and in such manner as the Secretary may reasonably require. (2) Contents Each plan submitted by a State under this section shall include the following: (A) A description of how the State educational agency will use funds received under this title for State-level activities. (B) An assurance that the State educational agency will monitor the implementation of activities under this title and provide technical assistance to local educational agencies in carrying out such activities. 4104. Subgrants to local educational agencies (a) Allocations to local educational agencies (1) In general A State that receives an allotment under this title for a fiscal year shall provide the amount made available under section 4103(c)(1) for subgrants to local educational agencies in accordance with this section. (2) Funds to local educational agencies From the funds reserved by a State under section 4103(c)(1), the State shall allocate to each local educational agency in the State an amount that bears the same relationship to such funds as the number of individuals ages 5 to 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of such individuals in the geographic areas served by all the local educational agencies in the State, as so determined. (3) Administrative costs Of the amount received under paragraph (2), a local educational agency may use not more than 2 percent for the direct administrative costs of carrying out its responsibilities under this title. (b) Local applications (1) In general To be eligible to receive a subgrant under this section, a local educational agency shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. (2) Consultation (A) In general A local educational agency shall conduct a needs assessment described in paragraph (3), and develop its application, through consultation with parents, teachers, principals, pupil services personnel, students, community-based organizations, local government representatives, and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this title. (B) Continued consultation On an ongoing basis, the local educational agency shall consult with the individuals and organizations described in subparagraph (A) in order to seek advice regarding how best— (i) to improve the local educational agency’s activities in order to meet the purpose of this title; and (ii) to coordinate such agency’s activities under this title with other related strategies, programs, and activities being conducted in the community. (3) Needs assessment (A) In general To be eligible to receive a subgrant under this section, a local educational agency shall conduct a comprehensive needs assessment of the local educational agency and of all schools within the jurisdiction of the local educational agency. (B) Requirements The needs assessment required under subparagraph (A) shall take into account risk factors of the community, school, family, or peer-individual domains that are known, through prospective, longitudinal research efforts, to be predictive of drug use, violent behavior, and the physical and mental health and well-being of youth in the school and community. (4) Contents Each application submitted under this subsection shall be based on the needs assessment described in paragraph (3) and shall include the following: (A) The results of the needs assessment described in paragraph (3) and an identification of each school that will be served by a subgrant under this section. (B) A description of the activities to be carried out by the local educational agency under this title and how these activities are aligned with the results of the needs assessment conducted under paragraph (3). (C) A description of the performance indicators that will be used to evaluate the effectiveness of the activities carried out under this section. (D) An assurance that the activities will comply with the principles of effectiveness described in section 4105(b), and foster a healthy, safe, and supportive school environment that improves students’ safety, health, and well-being during and after the school day. (E) An assurance that the local educational agency will prioritize funds to schools served by the local educational agency that— (i) are among the schools with the greatest needs as identified through the needs assessment conducted under paragraph (3); (ii) have the highest percentages or numbers of children counted under section 1124(c); (iii) are identified for improvement under section 1114; or (iv) are identified as a persistently dangerous public elementary school or secondary school under section 9532. (F) An assurance that the local educational agency will comply with section 9501 (regarding participation by private school children and teachers). 4105. Local educational agency authorized activities (a) Local educational agency activities A local educational agency that receives a subgrant under section 4104 shall use the subgrant funds to develop, implement, and evaluate comprehensive programs and activities, which are coordinated with other schools and community-based services and programs, that are in accordance with the purpose of this title and— (1) foster safe, healthy, supportive, and drug-free environments that support student academic achievement; (2) are consistent with the principles of effectiveness described in subsection (b); (3) promote the involvement of parents in the activity or program; and (4) may include, among other programs and activities— (A) drug and violence prevention activities and programs, including professional development and training for school and pupil services personnel, and interested community members in prevention, education, early identification, and intervention mentoring, or rehabilitation referral, as related to drug and violence prevention; (B) before and after school programs and activities, including during summer recess periods, and programs to extend the school day, week, or school-year calendar; (C) school-based mental health services, including early identification of drug use and violence, and direct individual or group counseling services provided by qualified school-based mental health services providers; (D) emergency intervention services following traumatic crisis events; (E) programs that train school personnel to identify warning signs of youth suicide; (F) mentoring programs and activities for children who are at risk of academic failure, dropping out of school, or involvement in criminal or delinquent activities, or who lack strong positive role models; (G) elementary school and secondary school counseling programs; (H) programs or activities that support a healthy, active lifestyle, including nutritional education and regular, structured physical education programs for elementary school and secondary school students; (I) implementation of schoolwide positive behavioral interventions and supports, including through coordination with similar activities carried out under the Individuals with Disabilities Education Act; and (J) other activities and programs identified as necessary by the local educational agency through the needs assessment conducted under section 4104(b)(3) that meet the purpose of this title. (b) Principles of effectiveness (1) In general For a program or activity developed pursuant to this title to meet the principles of effectiveness, such program or activity shall— (A) be based upon an assessment of objective data regarding the need for programs and activities in the elementary schools and secondary schools and communities to be served to— (i) improve school safety and promote students’ physical and mental health well-being, healthy eating and nutrition, and physical fitness; and (ii) strengthen parent and community engagement to ensure a healthy, safe, and supportive school environment; (B) be based upon an established set of performance measures aimed at ensuring a healthy, safe, and supportive school environment for students in the elementary schools and secondary schools and communities to be served by the program; (C) reflect, to the extent practicable, scientifically valid research, or in the absence of a strong research base, reflect best practices in the field, that provides evidence that the program or activity will provide students a healthy, safe, and supportive school environment; and (D) include meaningful and ongoing consultation with and input from parents in the development of the application and administration of the program or activity. (2) Periodic evaluation (A) In general The program or activity shall undergo a periodic evaluation to assess its progress toward achieving its goal of providing students a healthy, safe, and supportive school environment that promotes school safety and students’ physical and mental health and well-being, healthy eating and nutrition, and physical fitness. (B) Use of results The results of evaluations under subparagraph (A) shall be— (i) used to refine, improve, and strengthen the program or activity, and to refine the performance measures; and (ii) made available to the public upon request, with public notice of such availability provided. 4106. Supplement, not supplant Funds made available under this title shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this title. 4107. Prohibited use of funds No funds under this title may be used for— (1) construction; or (2) medical services, drug treatment or rehabilitation, except for pupil services or referral to treatment for students who are victims of, or witnesses to, crime or who illegally use drugs. 4108. Authorization of appropriations There are authorized to be appropriated to carry out this title $1,372,627,000 for each of fiscal years 2014 through 2018. . IV Empowering parents through quality charter schools 401. Purpose Section 5201 (20 U.S.C. 7221) is amended to read as follows: 5201. Purpose It is the purpose of this subpart to— (1) provide financial assistance for the planning, program design, and initial implementation of charter schools; (2) expand the number of high-quality charter schools available to students across the Nation; (3) evaluate the impact of such schools on student achievement, families, and communities, and share best practices between charter schools and other public schools; (4) 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 schools; (5) improve student services to increase opportunities for students who are children with disabilities, English language learners, and other traditionally underserved students to attend charter schools and meet challenging State academic achievement standards; and (6) support efforts to strengthen the charter school authorizing process to improve performance management, including transparency, monitoring, and evaluation of such schools. . 402. Program authorized Section 5202 (20 U.S.C. 7221a) is amended to read as follows: 5202. Program authorized (a) In general The Secretary is authorized to carry out a charter school program that supports charter schools that serve elementary school and secondary school students by— (1) supporting the startup, replication, and expansion of charter schools; (2) assisting charter schools in accessing credit to acquire and renovate facilities for school use; and (3) carrying out national activities to support— (A) charter school development; (B) the dissemination of best practices of charter schools for all schools; and (C) the evaluation of the impact of the program on schools participating in the charter school program. (b) Funding allotment From the amount made available under section 5211 for a fiscal year, the Secretary shall— (1) reserve 15 percent to support charter school facilities assistance under section 5204; (2) reserve not more than 5 percent to carry out national activities under section 5205; and (3) use the remaining amount after the reservations under paragraphs (1) and (2) to carry out section 5203. (c) Prior grants and subgrants The recipient of a grant or subgrant under this subpart, as such subpart was in effect on the day before the date of enactment of the Every Child Ready for College or Career Act of 2013, shall continue to receive funds in accordance with the terms and conditions of such grant or subgrant. . 403. Grants to support high-quality charter schools Section 5203 (20 U.S.C. 7221b) is amended to read as follows: 5203. Grants to support high-quality charter schools (a) Definitions In this section: (1) Charter management organization The term charter management organization means a nonprofit organization that operates, manages, or oversees multiple charter schools by centralizing or sharing certain functions and resources among schools, or a group or consortium of such organizations. (2) Eligible entity The term eligible entity means— (A) a State entity; (B) an authorized public chartering agency; (C) a local educational agency; or (D) a charter management organization. (3) State entity The term State entity means— (A) a State educational agency; (B) a State charter school board; (C) a Governor of a State; or (D) a charter support organization. (b) Program authorized From the amount available under section 5202(b)(3), the Secretary shall award grants, on a competitive basis, to eligible entities to enable— (1) eligible entities described in subparagraph (A), (B), or (C) of subsection (a)(2) to— (A) award subgrants to eligible applicants— (i) to open new charter schools; (ii) to open replicable, high-quality charter school models; or (iii) to expand high-quality charter schools; and (B) provide technical assistance to eligible applicants and authorized public chartering agencies in carrying out the activities described in subparagraph (A) and work with authorized public chartering agencies in the State to improve authorizing quality; or (2) eligible entities described in subparagraph (B), (C), or (D) of subsection (a)(2) to open new charter schools, to open replicable high-quality charter school models, or to expand high-quality charter schools, which may include— (A) supporting the physical expansion of charter school buildings, including financing the development of new buildings and campuses to meet increased enrollment needs; (B) paying costs associated with hiring additional teachers to serve additional students; (C) providing transportation to students to and from the charter school; (D) purchasing instructional materials, implementing teacher and principal professional development programs, and hiring additional non-teaching staff; and (E) supporting any necessary activities associated with the charter school carrying out the purpose of this section. (c) Uses of funds (1) Special rule for subgranting entities An eligible entity receiving a grant under subsection (b)(1) shall— (A) use 90 percent of the grant funds to carry out subsection (b)(1)(A), in accordance with the quality charter school program described in the entity’s application approved pursuant to subsection (f); and (B) reserve 10 percent of such funds to carry out the activities described in subsection (b)(1)(B), of which not more than 30 percent may be used for administrative costs which may include technical assistance. (2) Contracts and grants An eligible entity may use a grant received under this section to carry out the activities described in subsection (b) directly or through grants, contracts, or cooperative agreements. (d) Program periods; peer review; diversity of projects (1) Program periods (A) Grants A grant awarded by the Secretary to an eligible entity under this section shall be for a period of not more than 3 years, and may be renewed by the Secretary for 1 additional 2-year period. (B) Subgrants A subgrant awarded by an eligible entity under this section shall be for a period of not more than 3 years, of which an eligible applicant may use not more than 18 months for planning and program design. An eligible entity may renew a subgrant for 1 additional 2-year period. (2) Peer review The Secretary, and each eligible entity awarding subgrants under this section, shall use a peer review process to review applications for assistance under this section. (3) Diversity of projects Each eligible entity awarding subgrants under this section shall award subgrants in a manner that, to the extent practicable and applicable, ensures that such subgrants— (A) are distributed throughout different areas, including urban, suburban, and rural areas; and (B) will assist charter schools representing a variety of educational approaches. (e) Limitations (1) Grants An eligible entity may not receive more than 1 grant under this section at a time, unless the eligible entity demonstrates to the Secretary that, for each charter school supported under the first grant, the education results have improved in the areas described in subparagraphs (A) and (D) of section 5210(7). (2) Subgrants An eligible applicant may not receive more than 1 subgrant under this section per charter school for each grant period or renewal period. (f) Applications An eligible entity desiring to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The application shall include the following: (1) A description of the entity’s objectives in running a quality charter school program under this section and how the objectives of the program will be carried out, including— (A) a description of how the entity will— (i) support both new charter school startup and the expansion and replication of high-quality charter school models; (ii) work with charter schools to promote inclusion of all students and support all students upon enrollment to promote retention; (iii) work with charter schools on recruitment practices, including efforts to engage groups that may otherwise have limited opportunities to participate in charter schools; (iv) share best and promising practices between charter schools and other public schools; (v) ensure the charter schools the eligible entity supports can meet the educational needs of their students, including students who are children with disabilities and English language learners; and (vi) support efforts to increase quality initiatives, including meeting the quality authorizing elements described in paragraph (2)(D)(ii); (B) in the case of any eligible entity that will be awarding subgrants under subsection (b)(1)(A), a description of how the entity will— (i) inform eligible charter schools, developers, authorized public chartering agencies, and other entities of the availability of funds under the program; (ii) work with eligible applicants to ensure that the applicants access all Federal funds that they are eligible to receive, and help the charter schools supported by the applicants and the students attending the charter schools— (I) participate in the Federal programs in which the schools and students are eligible to participate; and (II) receive the commensurate share of Federal funds the schools and students are eligible to receive under such programs; (iii) 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 expired; (iv) support charter schools in local educational agencies with large numbers of schools identified by the State under section 1114(a)(1)(B); and (v) carry out the subgrant competition, including— (I) a description of the application each eligible applicant desiring to receive a subgrant will submit, which application shall include— (aa) a description of the roles and responsibilities of eligible applicants, partner organizations, and charter management organizations, including the administrative and contractual roles and responsibilities; and (bb) a description of the quality controls agreed to between the eligible applicant and the authorized public chartering agency involved, such as a contract or performance agreement, and how a school’s performance on the State’s academic accountability system will be a primary factor for renewal; and (II) a description of how the entity will review applications; (C) except in the case of an eligible entity described in subsection (a)(3)(A), a description of how the entity— (i) 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 schools; and (ii) will work with the State educational agency to adequately operate the entity’s program under this section, where applicable; (D) in the case of an eligible entity that is a State entity, a description of the extent to which the entity— (i) is able to meet and carry out the priorities described in subsection (g)(2); and (ii) is working to develop or strengthen a cohesive statewide system to support the opening of new charter schools, the opening of replicable, high-quality charter school models, and the expansion of high-quality charter schools; and (E) in the case of an entity that partners with an outside organization to carry out the entity’s quality charter school program, in whole or in part, a description of the roles and responsibilities of such partner. (2) Assurances, including a description of how the assurances will be met, that— (A) the eligible entity, if awarding subgrants, will— (i) consider applications from eligible charter schools, authorized public chartering agencies, charter management organizations, and other entities as applicable under State law; and (ii) provide adequate technical assistance to such eligible applicants to— (I) meet the objectives described in clauses (ii) and (iii) of paragraph (1)(A) and subparagraph (B); and (II) enroll traditionally underserved students, including students who are children with disabilities and English language learners, to promote an inclusive education environment; (B) each charter school receiving funds under the entity’s program will have a high degree of autonomy over budget and operations; (C) the entity will support charter schools in meeting the educational needs of their students as described in paragraph (1)(A)(v); and (D) in the case of an eligible entity that is a State entity— (i) the entity will ensure that the authorized public chartering agency of any charter school that receives funds under the entity’s program— (I) ensures that the charter school is meeting the obligations under this Act, part B of the Individuals with Disabilities Education Act, title VI of the Civil Rights Act of 1964, and section 504 of the Rehabilitation Act of 1973; and (II) adequately monitors and helps the schools in recruiting, enrolling, and meeting the needs of all students, including students who are children with disabilities and English language learners; and (ii) the entity will promote quality authorizing, such as through providing technical assistance, to support all authorized public chartering agencies in the State to improve the monitoring of their charter schools, including by— (I) using annual performance data, which may include graduation rates and student growth data, as appropriate, to measure the progress of their schools toward becoming high-quality charter schools; and (II) reviewing the schools’ independent, annual audits of financial statements conducted in accordance with generally accepted accounting principles, and ensuring any such audits are publically reported. (3) 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 section, and a description of any State or local rules, generally applicable to public schools, that will be waived, or otherwise not apply, to such schools. (g) Selection criteria; priority (1) Selection criteria The Secretary shall award grants to eligible entities under this section on the basis of the quality of the applications submitted under subsection (f), after taking into consideration— (A) the degree of flexibility afforded by the State’s public charter school law and, in the case of an eligible entity described in subsection (a)(2)(A), how the entity will work to maximize the flexibility provided to charter schools under the law; (B) the quality of the strategy for assessing achievement of the entity’s objectives under subsection (f)(1); (C) the likelihood that the eligible entity, and any eligible applicants receiving subgrants from the eligible entity, will meet those objectives and improve educational results for students; (D) the proposed number of new charter schools to be opened, and the number of high-quality charter schools to be replicated or expanded under the program; (E) in the case of an eligible entity awarding subgrants under subsection (b)(1)(A), the entity’s plan to— (i) adequately monitor the eligible applicants receiving subgrants under the entity’s program; (ii) work with the authorized public chartering agencies involved to avoid duplication of work for the charter schools and authorized public chartering agencies; and (iii) provide adequate technical assistance, as described in the entity’s application under subsection (f), for the eligible applicants receiving subgrants under the entity’s program; and (F) the eligible entity’s plan to support quality authorizing efforts in the State, consistent with the objectives under subsection (f)(1). (2) Priority In selecting eligible entities that are State entities to receive a portion of the grants awarded under this section, the Secretary shall give priority to State entities to the extent that the entities meet the following criteria: (A) In the case in which a State entity is located in a State that allows an entity other than the State educational agency to be an authorized public chartering agency or a State in which only a local educational agency may be an authorized public chartering agency, the State has an appeals process for the denial of an application for a charter school. (B) The State entity is located in a State that ensures equitable financing, as compared to traditional public schools, for charter schools and students in a prompt manner. (C) The State entity is located in a State that uses charter schools and best practices from charter schools to help improve struggling schools and local educational agencies. (D) 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 State. (E) The State entity supports charter schools that support at-risk students through activities such as dropout prevention or dropout recovery. (h) Local uses of funds An eligible applicant receiving a subgrant under this section shall use such funds to open new charter schools, open replicable, high-quality charter school models, or expand existing high-quality charter schools, which may include the activities described in subparagraphs (A) through (E) of subsection (b)(2). (i) Reporting requirements Each eligible entity receiving a grant under this section shall submit to the Secretary, at the end of the second and third year of the grant period and at the end of any renewal period, a report that includes the following: (1) The number of students served and, if applicable, how many new students were served during each year of the grant. (2) In the case of an eligible entity awarding subgrants under subsection (b)(1)(A), the number of subgrants awarded under this section to carry out each of the following: (A) The opening of new charter schools. (B) The opening of replicable, high-quality charter school models. (C) The expansion of high-quality charter schools. (3) In the case of an eligible entity receiving a grant under subsection (b)(2), the number of new charter schools opened, the number of replicable high-quality charter school models opened, and the number of high-quality charter schools expanded under the grant. (4) In the case of a State entity described in subparagraph (A), (B), or (C) of subsection (a)(3), the progress the State entity made toward meeting the priorities described in subsection (g)(2), as applicable. (5) A description of— (A) how the entity met the objectives of the quality charter school program described in the entity’s application under subsection (f); (B) how the entity complied with, and, if applicable, ensured that eligible applicants complied with, the assurances described in the entity’s application; and (C) how the entity worked with authorized public chartering agencies, including how the agencies worked with the management company or leadership of the schools in which the subgrants were awarded, if applicable. . 404. Facilities financing assistance Section 5204 (20 U.S.C. 7221c) is amended to read as follows: 5204. Facilities financing assistance (a) Grants to eligible entities (1) In general From the amount reserved under section 5202(b)(1), the Secretary shall award not less than 3 grants to eligible entities that have applications approved under subsection (d) to demonstrate innovative methods of assisting charter schools to address the cost of acquiring, constructing, and renovating facilities by enhancing the availability of loans or bond financing. (2) Eligible entity defined In this section, the term eligible entity means— (A) a public entity, such as a State or local governmental entity; (B) a private nonprofit entity; or (C) a consortium of entities described in subparagraphs (A) and (B). (b) Grantee selection (1) Evaluation of application The Secretary shall evaluate each application submitted under subsection (d), and shall determine whether the application is sufficient to merit approval. (2) Distribution of grants The Secretary shall award not less than one grant to an eligible entity described in subsection (a)(2)(A), not less than one grant to an eligible entity described in subsection (a)(2)(B), and not less than one grant to an eligible entity described in subsection (a)(2)(C), if applications are submitted that permit the Secretary to do so without approving an application that is not of sufficient quality to merit approval. (c) Grant characteristics Grants under subsection (a) shall be of a sufficient size, scope, and quality so as to ensure an effective demonstration of an innovative means of enhancing credit for the financing of charter school acquisition, construction, or renovation. (d) Applications (1) In general To receive a grant under subsection (a), an eligible entity shall submit to the Secretary an application in such form as the Secretary may reasonably require. (2) Contents An application submitted under paragraph (1) shall contain— (A) a statement identifying the activities proposed to be undertaken with funds received under subsection (a), including how the eligible entity will determine which charter schools will receive assistance, and how much and what types of assistance charter schools will receive; (B) a description of the involvement of charter schools in the application’s development and the design of the proposed activities; (C) a description of the eligible entity’s expertise in capital market financing; (D) a description of how the proposed activities will leverage the maximum amount of private-sector financing capital relative to the amount of government funding used and otherwise enhance credit available to charter schools, including how the 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 section; (E) a description of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success of a charter school program for which facilities financing is sought; and (F) in the case of an application submitted by a State governmental entity, a description of the actions that the entity has taken, or will take, to ensure that charter schools within the State receive the funding the charter schools need to have adequate facilities. (e) Charter school objectives An eligible entity receiving a grant under this section shall use the funds deposited in the reserve account established under subsection (f) to assist one or more charter schools to access private sector capital to accomplish one or both of the following objectives: (1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue the operation of a charter school. (2) The construction of new facilities, including predevelopment costs, or the renovation, repair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school. (f) Reserve account (1) Use of funds To assist charter schools to accomplish the objectives described in subsection (e), an eligible entity receiving a grant under subsection (a) shall, in accordance with State and local law, directly or indirectly, alone or in collaboration with others, deposit the funds received under subsection (a) (other than funds used for administrative costs in accordance with subsection (g)) in a reserve account established and maintained by the eligible entity for this purpose. Amounts deposited in such account shall be used by the eligible entity for one or more of the following purposes: (A) Guaranteeing, insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests therein, the proceeds of which are used for an objective described in subsection (e). (B) Guaranteeing and insuring leases of personal and real property for an objective described in such subsection. (C) Facilitating financing by identifying potential lending sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of, charter schools. (D) Facilitating the issuance of bonds by charter schools, or by other public entities for the benefit of charter schools, by providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue). (2) Investment Funds received under this section and deposited in the reserve account established under paragraph (1) shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities. (3) Reinvestment of earnings Any earnings on funds received under subsection (a) shall be deposited in the reserve account established under paragraph (1) and used in accordance with such subsection. (g) Limitation on administrative costs An eligible entity may use not more than 2.5 percent of the funds received under subsection (a) for the administrative costs of carrying out its responsibilities under this section (excluding subsection (k)). (h) Audits and reports (1) Financial record maintenance and audit The financial records of each eligible entity receiving a grant under subsection (a) shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an independent public accountant. (2) Reports (A) Grantee annual reports Each eligible entity receiving a grant under subsection (a) annually shall submit to the Secretary a report of the entity’s operations and activities under this section. (B) Contents Each annual report submitted under subparagraph (A) shall include— (i) a copy of the most recent financial statements, and any accompanying opinion on such statements, prepared by the independent public accountant reviewing the financial records of the eligible entity; (ii) a copy of any report made on an audit of the financial records of the eligible entity that was conducted under paragraph (1) during the reporting period; (iii) an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under subsection (a) in leveraging private funds; (iv) a listing and description of the charter schools served during the reporting period, including the amount of funds used by each school, the type of project facilitated by the grant, and the type of assistance provided to the charter schools; (v) a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in subsection (e); and (vi) a description of the characteristics of lenders and other financial institutions participating in the activities undertaken by the eligible entity under this section (excluding subsection (k)) during the reporting period. (C) Secretarial report The Secretary shall review the reports submitted under subparagraph (A) and shall provide a comprehensive annual report to Congress on the activities conducted under this section (excluding subsection (k)). (i) No full faith and credit for grantee obligation No financial obligation of an eligible entity entered into pursuant to this section (such as an obligation under a guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit of the United States is not pledged to the payment of funds which may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this section. (j) Recovery of funds (1) In general The Secretary, in accordance with chapter 37 of title 31, United States Code, shall collect— (A) all of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines, not earlier than 2 years after the date on which the eligible entity first received funds under this section (excluding subsection (k)), that the eligible entity has failed to make substantial progress in carrying out the purposes described in subsection (f)(1); or (B) all or a portion of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such account to accomplish any purpose described in such subsection. (2) Exercise of authority The Secretary shall not exercise the authority provided in paragraph (1) to collect from any eligible entity any funds that are being properly used to achieve one or more of the purposes described in subsection (f)(1). (3) Procedures The provisions of sections 451, 452, and 458 of the General Education Provisions Act shall apply to the recovery of funds under paragraph (1). (4) Construction This subsection shall not be construed to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act. (k) Per-Pupil facilities aid program (1) Definition of per-pupil facilities aid program In this subsection, the term per-pupil facilities aid program means a program in which a State makes payments, on a per-pupil basis, to charter schools to provide the schools with financing— (A) that is dedicated solely for funding charter school facilities; or (B) a portion of which is dedicated for funding charter school facilities. (2) Grants (A) In general From the amount reserved under section 5202(b)(1) and remaining after the Secretary makes grants under subsection (a), the Secretary shall make grants, on a competitive basis, to States to pay for the Federal share of the cost of establishing or enhancing, and administering, per-pupil facilities aid programs. (B) Period The Secretary shall award grants under this subsection for periods of not more than 5 years. (C) Federal share The Federal share of the cost described in subparagraph (A) for a per-pupil facilities aid program shall be not more than— (i) 90 percent of the cost, for the first fiscal year for which the program receives assistance under this subsection; (ii) 80 percent for the second such year; (iii) 60 percent for the third such year; (iv) 40 percent for the fourth such year; and (v) 20 percent for the fifth such year. (D) State share A State receiving a grant under this subsection may partner with 1 or more organizations to provide up to 50 percent of the State share of the cost of establishing or enhancing, and administering, the per-pupil facilities aid program. (E) Multiple grants A State may receive more than 1 grant under this subsection, so long as the amount of such grant funds provided to charter schools increases with each successive grant. (3) Use of funds (A) In general A State that receives a grant under this subsection shall use the funds made available through the grant to establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State of the applicant. (B) Evaluations; technical assistance; dissemination From the amount made available to a State through a grant under this subsection for a fiscal year, the State may reserve not more than 5 percent to carry out evaluations, to provide technical assistance, and to disseminate information. (C) Supplement, not supplant Funds made available under this subsection shall be used to supplement, and not supplant, State and local public funds expended to provide per-pupil facilities aid programs, operations financing programs, or other programs, for charter schools. (4) Requirements (A) Voluntary participation No State may be required to participate in a program carried out under this subsection. (B) State law (i) In general To be eligible to receive a grant under this subsection, a State shall establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State, that— (I) is specified in State law; and (II) provides annual financing, on a per-pupil basis, for charter school facilities. (ii) Special rule A State that is required under State law to provide its charter schools with access to adequate facility space 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 subsection. (5) Applications To be eligible to receive a grant under this subsection, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. . 405. National activities Section 5205 (20 U.S.C. 7221d) is amended to read as follows: 5205. National activities (a) In general From the amount reserved under section 5202(b)(2), the Secretary shall— (1) use not less than 50 percent of such funds to award grants in accordance with subsection (b); and (2) use the remainder of such funds to— (A) disseminate technical assistance to State entities in awarding subgrants under section 5203(b)(1)(A); (B) disseminate best practices regarding public charter schools; and (C) evaluate the impact of the charter school program, including the impact on student achievement, carried out under this subpart. (b) Grants (1) In general From the amounts described in subsection (a)(1), the Secretary shall make grants, on a competitive basis, to eligible applicants for the purpose of carrying out the activities described in section 5202(a)(1) and section 5203(b). (2) Terms and conditions Except as otherwise provided in this subsection, grants awarded under this subsection shall have the same terms and conditions as grants awarded under section 5203. (3) Eligible applicant defined For purposes of this subsection, the term eligible applicant means an eligible applicant that desires to open a charter school in a State that— (A) did not apply for a grant under section 5203; (B) did not receive a grant under section 5203; or (C) received a grant under section 5203 and is in the fourth or fifth year of the grant period for such grant. (c) Contracts and grants The Secretary may carry out any of the activities described in this section directly or through grants, contracts, or cooperative agreements. . 406. Records transfer Section 5208 (20 U.S.C. 7221g) is amended by inserting as quickly as possible and before to the extent practicable. 407. Definitions Section 5210 (20 U.S.C. 7221i) is amended— (1) in paragraph (1)— (A) in subparagraph (K), by striking and at the end; (B) in subparagraph (L), by striking the period at the end and inserting ; and; and (C) by adding at the end, the following: (M) may serve prekindergarten or postsecondary students. ; (2) in paragraph (3), by striking under section 5203(d)(3); and (3) by adding at the end the following: (5) Charter support organization The term charter support organization means a nonprofit, non-governmental entity that provides, on a statewide or regional basis, assistance to developers during the planning, program design, and initial implementation of a charter school, and technical assistance to operating charter schools. (6) Expansion of a high-quality charter school The term expansion of a high-quality charter school means a high-quality charter school that either significantly increases its enrollment or adds one or more grades to its school. (7) High-quality charter school The term high-quality charter school means a charter school that— (A) shows evidence of strong academic results; (B) has no significant issues in the areas of student safety, financial management, or statutory or regulatory compliance; (C) has demonstrated success in significantly increasing student academic achievement and attainment for all students served by charter schools; and (D) has demonstrated success in increasing student academic achievement for the subgroups of students described in section 1111(b)(2)(B)(viii). (8) Replicable, high-quality charter school model The term replicable, high-quality charter school model means a high-quality charter school that will open a new campus under an existing charter. . 408. Authorization of appropriations Section 5211 (20 U.S.C. 7221j) is amended to read as follows: 5211. Authorization of appropriations There are authorized to be appropriated to carry out this subpart $241,507,000 for each of fiscal years 2014 through 2018. . 409. General provisions Title V (20 U.S.C. 7201 et seq.) is amended by— (1) striking part A; (2) striking subparts 2 and 3 of part B; (3) striking part D; (4) in part B, by striking Subpart 1—Charter School Programs; (5) by redesignating part B as part A; and (6) by redesignating part C as part B. V State innovation and flexibility 501. Purposes The purposes of this title are to— (1) support State, local, and tribal leadership and innovation in preparing all students to meet State-developed academic content standards and student academic achievement standards; (2) establish a process to permit State, local, and tribal educational leaders to implement alternative and innovative strategies to improve academic achievement for all students and otherwise meet the purposes of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); (3) provide States and local educational agencies with maximum flexibility in using Federal funds provided under this Act; and (4) direct the Secretary of Education to defer to State, local, and tribal judgments regarding how best to accomplish the purposes of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). 502. Transferability of funds Section 6123 (20 U.S.C. 7305b) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking not more than 50 percent of the nonadministrative State funds and inserting all, or any lesser amount, of State funds; and (ii) by striking subparagraphs (A) through (D) and inserting the following: (A) Any provision of title II. (B) Any provision of title IV. ; and (B) in paragraph (2), by striking and subject to the 50 percent limitation described in paragraph (1); and (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), by striking (except and all that follows through subparagraph (C)) and inserting may transfer all, or any lesser amount, of the funds allocated to it; (ii) by striking subparagraph (B); (iii) by redesignating subparagraph (C) as subparagraph (B); and (iv) in subparagraph (B), as redesignated by clause (iii), by striking and subject to the percentage limitation described in subparagraph (A) or (B), as applicable; and (B) in paragraph (2)— (i) by striking subparagraph (A), (B), or (C) and inserting subparagraph (A) or (B); and (ii) by striking subparagraphs (A) through (D) and inserting the following: (A) Any provision of title II. (B) Any provision of title IV. . 503. Waivers of statutory and regulatory requirements Section 9401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7861) is amended— (1) by striking subsection (a) and inserting the following: (a) In general (1) Request for waiver A State educational agency, local educational agency (through a State educational agency), or Indian tribe that receives funds under a program authorized under this Act may submit a request to the Secretary to waive any statutory or regulatory requirement of this Act. (2) Receipt of waiver Except as provided in subsection (c), the Secretary shall waive any statutory or regulatory requirement of this Act for a State educational agency, local educational agency, Indian tribe, or school (through a local educational agency), that submits a waiver request pursuant to this subsection. ; (2) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by inserting , which shall include a plan after waiver request to the Secretary; (ii) in subparagraph (B), by striking and how the waiving of those requirements will and all that follows through the end, and inserting a semicolon; (iii) by redesignating subparagraph (E) as subparagraph (F); and (iv) by striking subparagraphs (C) and (D), and inserting the following: (C) describes the methods the State educational agency, local educational agency, or Indian tribe will use to— (i) monitor the effectiveness of the implementation of the plan; and (ii) assure regular evaluation and continuous improvement of the plan; (D) as applicable to the waiver request, includes information on how the State educational agency, local educational agency, or Indian tribe will maintain and improve transparency in reporting to parents and the public on student achievement and school performance, including the achievement of students according to the student subgroups described in subclauses (I) through (IV) of section 1111(b)(2)(B)(viii); and ; (B) in paragraph (2)(B)(i)(II), by striking (on behalf of, and based on the requests of, local educational agencies) and inserting (on their own behalf, or on behalf of, and based on the requests of, local educational agencies in the State); (C) in paragraph (3)— (i) in subparagraph (A), in the matter preceding clause (i), by inserting or on behalf of local educational agencies in the State, after acting on its own behalf,; and (ii) in subparagraph (B), by striking reviewed by the State educational agency and inserting reviewed and approved by the State educational agency before being submitted to the Secretary; and (D) by adding at the end the following: (4) Waiver determination, demonstration, and revision (A) In general The Secretary shall approve a waiver request not more than 90 days after the date on which such request is submitted, unless the Secretary determines and demonstrates that— (i) the waiver request does not meet the requirements of this section; and (ii) the waiver is not permitted under subsection (c). (B) Waiver determination and revision If the Secretary determines and demonstrates that the waiver request does not meet the requirements of this section, the Secretary shall— (i) immediately— (I) notify the State educational agency, local educational agency, or Indian tribe of such determination; and (II) at the request of the State educational agency, local educational agency, or Indian tribe, provide detailed reasons for such determination in writing; (ii) offer the State educational agency, local educational agency, or Indian tribe an opportunity to revise and resubmit the waiver request not more than 60 days after the date of such determination; and (iii) if the Secretary determines that the resubmission does not meet the requirements of this section, at the request of the State educational agency, local educational agency, or Indian tribe, conduct a public hearing not more than 30 days after the date of such resubmission. (C) Waiver disapproval The Secretary may disapprove a waiver request if— (i) the State educational agency, local educational agency, or Indian tribe has been notified and offered an opportunity to revise and resubmit the waiver request, as described under clauses (i) and (ii) of subparagraph (B); and (ii) the State educational agency, local educational agency, or Indian tribe— (I) does not revise and resubmit the waiver request; or (II) revises and resubmits the waiver request, and the Secretary determines that such waiver request does not meet the requirements of this section after a hearing conducted under subparagraph (B)(iii). (D) External conditions The Secretary shall not disapprove a waiver request under this section based on conditions outside the scope of the waiver request. ; (3) in subsection (c), by striking paragraph (2) and redesignating paragraphs (3), (4), (5), (6), (7), (8), (9), and (10) as paragraphs (2), (3), (4), (5), (6), (7), (8), and (9); (4) in subsection (d)— (A) in the heading, by adding ; Limitations after Duration and Extension of Waiver; and (B) by adding at the end the following: (3) Specific limitations The Secretary shall not place any requirements on a State educational agency, local educational agency, or Indian tribe, as a condition of approval of a waiver request. ; (5) by striking subsection (e) and inserting the following: (e) Reports A State educational agency, local educational agency, and Indian Tribe receiving a waiver under this section shall describe, as part of, and pursuant to, the required annual reporting under section 1111(e), the progress of schools covered under the provisions of such waiver toward increasing academic achievement. ; and (6) in subsection (f), by inserting and the recipient of the waiver has failed to make revisions needed to carry out the purpose of the waiver, after has been inadequate to justify a continuation of the waiver. 504. Maintenance of effort Section 9521 (20 U.S.C. 7901) is repealed. 505. Plan approval process Title IX (20 U.S.C. 7801 et seq.) is amended by adding at the end the following: G Approval and disapproval of State plans and local applications 9701. Approval and disapproval of State plans (a) Deemed approval A plan submitted by a State pursuant to section 2104(d) or section 4103(d) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the plan, that the plan is not in compliance with section 2104(d) or section 4103(d), as applicable. (b) Disapproval process (1) In general The Secretary shall not finally disapprove a plan submitted under section 2104(d) or section 4103(d), except after giving the State educational agency notice and an opportunity for a hearing. (2) Notification If the Secretary finds that the plan is not in compliance, in whole or in part, with section 2104(d) or section 4103(d), as applicable, the Secretary shall— (A) give the State educational agency notice and an opportunity for a hearing; and (B) notify the State educational agency of the finding of noncompliance and, in such notification, shall— (i) cite the specific provisions in the plan that are not in compliance; and (ii) request additional information, only as to the noncompliant provisions, needed to make the plan compliant. (3) Response If the State educational agency responds to the Secretary’s notification described in paragraph (2)(B) during the 45-day period beginning on the date on which the State educational agency received the notification, and resubmits the plan with the requested information described in paragraph (2)(B)(ii), the Secretary shall approve or disapprove such plan prior to the later of— (A) the expiration of the 45-day period beginning on the date on which the plan is resubmitted; or (B) the expiration of the 120-day period described in subsection (a). (4) Failure to respond If the State educational agency does not respond to the Secretary’s notification described in paragraph (2)(B) during the 45-day period beginning on the date on which the State educational agency received the notification, such plan shall be deemed to be disapproved. 9702. Approval and disapproval of local educational agency applications (a) Deemed approval An application submitted by a local educational agency pursuant to section 2105(b) or section 4104(b) shall be deemed to be approved by the State educational agency unless the State educational agency makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the State educational agency received the application, that the application is not in compliance with section 2105(b) or section 4104(b), as applicable. (b) Disapproval process (1) In general The State educational agency shall not finally disapprove an application submitted under section 2105(b) or section 4104(b), except after giving the local educational agency notice and opportunity for a hearing. (2) Notification If the State educational agency finds that the application is not in compliance, in whole or in part, with section 2105(b) or section 4104(b), as applicable, the State educational agency shall— (A) give the local educational agency notice and an opportunity for a hearing; and (B) notify the local educational agency of the finding of noncompliance, and in such notification, shall— (i) cite the specific provisions in the application that are not in compliance; and (ii) request additional information, only as to the noncompliant provisions, needed to make the application compliant. (3) Response If the local educational agency responds to the State educational agency’s notification described in paragraph (2)(B) during the 45-day period beginning on the date on which the local educational agency received the notification, and resubmits the application with the requested information described in paragraph (2)(B)(ii), the State educational agency shall approve or disapprove such application prior to the later of— (A) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or (B) the expiration of the 120-day period described in subsection (a). (4) Failure to respond If the local educational agency does not respond to the State educational agency’s notification described in paragraph (2)(B) during the 45-day period beginning on the date on which the local educational agency received the notification, such application shall be deemed to be disapproved. . VI Extensions of authorizations 601. English learners and immigrant students Section 3001 (20 U.S.C. 6801) is amended by striking $750,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. and inserting $693,848,000 for each of fiscal years 2014 through 2018.. 602. Magnet school assistance Section 5311 (20 U.S.C. 7231j) is amended by striking $125,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. and inserting $91,647,000 for each of fiscal years 2014 through 2018.. 603. Rural education achievement program Section 6234 (20 U.S.C. 7355c) is amended by striking $300,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years and inserting $169,840,000 for each of fiscal years 2014 through 2018. 604. Indian, Native Hawaiian, and Alaska Native Education (a) Grants to local educational agencies and tribes Section 7152 (20 U.S.C. 7492) is amended to read as follows: 7152. Authorizations of appropriations (a) Subpart 1 For the purpose of carrying out subpart 1, there are authorized to be appropriated $100,381,000 for each of fiscal years 2014 through 2018. (b) Subpart 2 For the purpose of carrying out subpart 2, there are authorized to be appropriated $17,993,000 for each of fiscal years 2014 through 2018. (c) Subpart 3 For the purpose of carrying out subpart 3, there are authorized to be appropriated $5,565,000 for each of fiscal years 2014 through 2018. . (b) Native Hawaiian education Section 7205(c) (20 U.S.C. 7515(c)) is amended— (1) by striking paragraph (1) and inserting the following: (1) In general There are authorized to be appropriated to carry out this section and section 7204 $32,397,000 for each of fiscal years 2014 through 2018. ; and (2) in paragraph (2), by striking for fiscal year 2002 and each of the 5 succeeding fiscal years and inserting for fiscal years 2014 through 2018. (c) Alaska Native education Section 7304(d)(1) (20 U.S.C. 7544(d)(1)) is amended by striking such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years. and inserting $31,453,000 for each of fiscal years 2014 through 2108.. 605. Impact aid Section 8014 (20 U.S.C. 7714) is amended— (1) in subsection (a), by striking $32,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years. and inserting $63,445,000 for each of fiscal years 2014 through 2018.; (2) in subsection (b), by striking $809,400,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years. and inserting $1,093,203,000 for each of fiscal years 2014 through 2018.; (3) in subsection (c), by striking $50,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years. and inserting $45,881,000 for each of fiscal years 2014 through 2018.; (4) in subsection (e), by striking $10,052,000 for fiscal year 2000 and such sums as may be necessary for fiscal year 2001, $150,000,000 for fiscal year 2002, and such sums as may be necessary for each of the five succeeding fiscal years. and inserting $16,529,000 for each of fiscal years 2014 through 2018.; and (5) in subsection (f), by striking $5,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years. and inserting $4,591,000 for each of fiscal years 2014 through 2018.. 606. McKinney-Vento Homeless Assistance Section 726 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11435) is amended by striking $100,000,000 for fiscal year 2009 and such sums as may be necessary for each subsequent fiscal year. and inserting $61,771,000 for each of fiscal years 2014 through 2018..