,,ii #aacth ,,congress #ast ,session ,s4 #aaja ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #f1 #bjac ,mr4 ,alexander 7for himself1 ,mr4 ,burr1 ,mr4 ,isakson1 ,mr4 ,hatch1 ,mr4 ,roberts1 ,mr4 ,kirk1 and ,mr4 ,enzi7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,elementary and ,secondary ,education ,act of #aife to ensure that every child is ready for college or a career4 #a4 ,short title ,this ,act may be cited as the ,every ,child ,ready for ,college or ,career ,act of #bjac4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,sec4 #c4 ,references4 ,sec4 #d4 ,statement of purpose4 ,sec4 #e4 ,table of contents of the ,elementary and ,secondary ,education ,act of #aife4 ,,title ,i--,improving basic programs operated by ,state and local educational agencies ,sec4 #aja4 ,statement of purpose4 ,sec4 #ajb4 ,authorization of appropriations4 ,sec4 #ajc4 ,school improvement and ,state administration4 ,sec4 #ajd4 ,basic program requirements4 ,sec4 #aje4 ,participation of children enrolled in private schools4 ,sec4 #ajf4 ,title ,i funds follow the low-income child ,state option4 ,sec4 #ajg4 ,academic assessments4 ,sec4 #ajh4 ,evaluations4 ,sec4 #aji4 ,demonstrations of innovative practices4 ,sec4 #aaj4 ,general provisions4 ,sec4 #aaa4 ,national assessment of educational progress4 ,,title ,,ii--,high-quality teachers and principals ,sec4 #bja4 ,high-quality teachers and principals4 ,,title ,,iii--,safe and healthy students ,sec4 #cja4 ,general provisions4 ,,title ,,iv--,empowering parents through quality charter schools ,sec4 #dja4 ,purpose4 ,sec4 #djb4 ,program authorized4 ,sec4 #djc4 ,grants to support high-quality charter schools4 ,sec4 #djd4 ,facilities financing assistance4 ,sec4 #dje4 ,national activities4 ,sec4 #djf4 ,records transfer4 ,sec4 #djg4 ,definitions4 ,sec4 #djh4 ,authorization of appropriations4 ,sec4 #dji4 ,general provisions4 ,,title ,v--,state innovation and flexibility ,sec4 #eja4 ,purposes4 ,sec4 #ejb4 ,transferability of funds4 ,sec4 #ejc4 ,waivers of statutory and regulatory requirements4 ,sec4 #ejd4 ,maintenance of effort4 ,sec4 #eje4 ,plan approval process4 ,,title ,,vi--,extensions of authorizations ,sec4 #fja4 ,english learners and immigrant students4 ,sec4 #fjb4 ,magnet school assistance4 ,sec4 #fjc4 ,rural education achievement program4 ,sec4 #fjd4 ,indian1 ,native ,hawaiian1 and ,alaska ,native ,education4 ,sec4 #fje4 ,impact aid4 ,sec4 #fjf4 ,mc,kinney-,vento ,homeless ,assistance4 #c4 ,references ,except as otherwise expressly provided1 whenever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq474 #d4 ,statement of purpose ,the purpose of this ,act is to restore freedom to parents1 teachers1 principals1 ,governors1 and local communities so that they can improve their local public schools4 #e4 ,table of contents of the ,elementary and ,secondary ,education ,act of #aife ,section #b is amended to read as follows3 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,,title ,i--,,improving ,,the ,,academic ,,achievement ,,of ,,the ,,disadvantaged ,sec4 #ajja4 ,statement of purpose4 ,sec4 #ajjb4 ,authorization of appropriations4 ,sec4 #ajjc4 ,state administration4 ,part ,a--,improving ,basic ,programs ,operated by ,local ,educational ,agencies ,subpart #a--;,basic ,program ,requirements ,sec4 #aaaa4 ,state plans4 ,sec4 #aaab4 ,local educational agency plans4 ,sec4 #aaac4 ,eligible school attendance areas2 schoolwide programs2 targeted assistance programs4 ,sec4 #aaad4 ,school identification and assistance4 ,sec4 #aaae4 ,reserved4 ,sec4 #aaaf4 ,reserved4 ,sec4 #aaag4 ,reserved4 ,sec4 #aaah4 ,parental involvement4 ,sec4 #aaai4 ,qualifications for teachers and paraprofessionals4 ,sec4 #aabj4 ,participation of children enrolled in private schools4 ,sec4 #aabj;,a4 ,fiscal requirements4 ,sec4 #aabj;,b4 ,coordination requirements4 ,subpart #b--;,allocations ,sec4 #aaba4 ,grants for the outlying areas and the ,secretary of the ,interior4 ,sec4 #aabb4 ,allocations to ,states4 ,sec4 #aabd4 ,basic grants to local educational agencies4 ,sec4 #aabd;,a4 ,concentration grants to local educational agencies4 ,sec4 #aabe4 ,targeted grants to local educational agencies4 ,sec4 #aabe;,,aa4 ,adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year #bjja4 ,sec4 #aabe;,a4 ,education finance incentive grant program4 ,sec4 #aabf4 ,special allocation procedures4 ,sec4 #aabg4 ,carryover and waiver4 ,sec4 #aabh4 ,title ,i funds follow the low-income child ,state option4 ,part ,b--,academic assessments ,sec4 #abja4 ,grants for ,state assessments and related activities4 ,sec4 #abjb4 ,grants for enhanced assessment instruments4 ,sec4 #abjc4 ,funding4 ,part ,c--,education of ,migratory ,children ,sec4 #acja4 ,program purpose4 ,sec4 #acjb4 ,program authorized4 ,sec4 #acjc4 ,state allocations4 ,sec4 #acjd4 ,state applications2 services4 ,sec4 #acje4 ,secretarial approval2 peer review4 ,sec4 #acjf4 ,comprehensive needs assessment and service-delivery plan2 authorized activities4 ,sec4 #acjg4 ,bypass4 ,sec4 #acjh4 ,coordination of migrant education activities4 ,sec4 #acji4 ,definitions4 ,part ,d--,prevention and ,intervention ,programs for ,children and ,youth who are ,neglected1 ,delinquent1 or ,at-,risk ,sec4 #adja4 ,purpose and program authorization4 ,sec4 #adjb4 ,payments for programs under this part4 ,subpart #a--,state ,agency ,programs ,sec4 #adaa4 ,eligibility4 ,sec4 #adab4 ,allocation of funds4 ,sec4 #adac4 ,state reallocation of funds4 ,sec4 #adad4 ,state plan and ,state agency applications4 ,sec4 #adae4 ,use of funds4 ,sec4 #adaf4 ,institution-wide projects4 ,sec4 #adag4 ,three-year programs or projects4 ,sec4 #adah4 ,transition services4 ,sec4 #adai4 ,evaluation2 technical assistance2 annual model program4 ,subpart #b--,local ,agency ,programs ,sec4 #adba4 ,purpose4 ,sec4 #adbb4 ,programs operated by local educational agencies4 ,sec4 #adbc4 ,local educational agency applications4 ,sec4 #adbd4 ,uses of funds4 ,sec4 #adbe4 ,program requirements for correctional facilities receiving funds under this section4 ,sec4 #adbf4 ,accountability4 ,subpart #c--;,general ,provisions ,sec4 #adca4 ,program evaluations4 ,sec4 #adcb4 ,definitions4 ,part ,e--,national ,assessment of ,title ,i ,sec4 #aeja4 ,evaluations4 ,part ,f--,general ,provisions ,sec4 #afja4 ,federal regulations4 ,sec4 #afjb4 ,agreements and records4 ,sec4 #afjc4 ,state administration4 ,sec4 #afjd4 ,local educational agency spending audits4 ,sec4 #afje4 ,prohibition against ,federal mandates1 direction1 or control4 ,sec4 #afjf4 ,rule of construction on equalized spending4 ,sec4 #afjg4 ,state report on dropout data4 ,,title ,,ii--,,preparing1 ,,training1 ,,and ,,recruiting ,,high-,,quality ,,teachers ,,and ,,principals ,sec4 #baja4 ,purpose4 ,sec4 #bajb4 ,definitions4 ,sec4 #bajc4 ,authorizations of appropriations4 ,part ,a--,fund for the improvement of teaching and learning ,sec4 #bajd4 ,formula grants to ,states4 ,sec4 #baje4 ,subgrants to local educational agencies4 ,sec4 #bajf4 ,local use of funds4 ,sec4 #bajg4 ,reporting4 ,sec4 #bajh4 ,national activities of demonstrated effectiveness4 ,sec4 #baji4 ,prohibition against ,federal mandates1 direction1 or control4 ,sec4 #baaj4 ,supplement1 not supplant4 ,part ,b--,teacher incentive fund ,sec4 #bbja4 ,purposes2 definitions4 ,sec4 #bbjb4 ,teacher incentive fund grants4 ,sec4 #bbjc4 ,reports and evaluations4 ,sec4 #bbjd4 ,reservation of funds4 ,,title ,,iii--,,language ,,instruction ,,for ,,limited ,,english ,,proficient ,,and ,,immigrant ,,students ,sec4 #cjja4 ,authorizations of appropriations2 condition on effectiveness of parts4 ,part ,a--,english ,language ,acquisition1 ,language ,enhancement1 and ,academic ,achievement ,act ,sec4 #caja4 ,short title4 ,sec4 #cajb4 ,purposes4 ,subpart #a--;,grants and ,subgrants for ,english ,language ,acquisition and ,language ,enhancement ,sec4 #caaa4 ,formula grants to ,states4 ,sec4 #caab4 ,native ,american and ,alaska ,native children in school4 ,sec4 #caac4 ,state and specially qualified agency plans4 ,sec4 #caad4 ,within-,state allocations4 ,sec4 #caae4 ,subgrants to eligible entities4 ,sec4 #caaf4 ,local plans4 ,subpart #b--;,accountability and ,administration ,sec4 #caba4 ,evaluations4 ,sec4 #cabb4 ,achievement objectives and accountability4 ,sec4 #cabc4 ,reporting requirements4 ,sec4 #cabd4 ,coordination with related programs4 ,sec4 #cabe4 ,rules of construction4 ,sec4 #cabf4 ,legal authority under ,state law4 ,sec4 #cabg4 ,civil rights4 ,sec4 #cabh4 ,programs for ,native ,americans and ,puerto ,rico4 ,sec4 #cabi4 ,prohibition4 ,subpart #c--,national ,activities ,sec4 #caca4 ,national professional development project4 ,subpart #d--;,definitions ,sec4 #cada4 ,eligible entity4 ,part ,b--,improving ,language ,instruction ,educational ,programs ,sec4 #cbja4 ,short title4 ,sec4 #cbjb4 ,purpose4 ,sec4 #cbjc4 ,native ,american children in school4 ,sec4 #cbjd4 ,residents of the territories and freely associated ,states4 ,subpart #a--,program ,development and ,enhancement ,sec4 #cbaa4 ,financial assistance for language instruction educational programs4 ,sec4 #cbab4 ,program enhancement activities4 ,sec4 #cbac4 ,comprehensive school and systemwide improvement activities4 ,sec4 #cbad4 ,applications4 ,sec4 #cbae4 ,capacity building4 ,sec4 #cbaf4 ,programs for ,native ,americans and ,puerto ,rico4 ,sec4 #cbag4 ,evaluations4 ,sec4 #cbah4 ,construction4 ,subpart #b--,research1 ,evaluation1 and ,dissemination ,sec4 #cbba4 ,authority4 ,sec4 #cbbb4 ,research4 ,sec4 #cbbc4 ,academic excellence awards4 ,sec4 #cbbd4 ,state grant program4 ,sec4 #cbbe4 ,instruction materials development4 ,subpart #c--,professional ,development ,sec4 #cbca4 ,professional development grants4 ,subpart #d--;,emergency ,immigrant ,education ,program ,sec4 #cbda4 ,purpose4 ,sec4 #cbdb4 ,state administrative costs4 ,sec4 #cbdc4 ,withholding4 ,sec4 #cbdd4 ,state allotments4 ,sec4 #cbde4 ,state applications4 ,sec4 #cbdf4 ,administrative provisions4 ,sec4 #cbdg4 ,uses of funds4 ,sec4 #cbdh4 ,reports4 ,subpart #e--;,administration ,sec4 #cbea4 ,release time4 ,sec4 #cbeb4 ,notification4 ,sec4 #cbec4 ,coordination and reporting requirements4 ,part ,c--,general ,provisions ,sec4 #ccja4 ,definitions4 ,sec4 #ccjb4 ,parental notification4 ,sec4 #ccjc4 ,national ,clearinghouse4 ,sec4 #ccjd4 ,regulations4 ,,title ,,iv--,,safe ,,and ,,healthy ,,students ,sec4 #daja4 ,purpose4 ,sec4 #dajb4 ,definitions4 ,sec4 #dajc4 ,formula grants to ,states4 ,sec4 #dajd4 ,subgrants to local educational agencies4 ,sec4 #daje4 ,local educational agency authorized activities4 ,sec4 #dajf4 ,supplement1 not supplant4 ,sec4 #dajg4 ,prohibited use of funds4 ,sec4 #dajh4 ,authorization of appropriations4 ,,title ,v--,,promoting ,,informed ,,parental ,,choice ,,and ,,innovative ,,programs ,part ,a--,public ,charter ,schools ,sec4 #ebja4 ,purpose4 ,sec4 #ebjb4 ,program authorized4 ,sec4 #ebjc4 ,grants to support high-quality charter schools4 ,sec4 #ebjd4 ,facilities financing assistance4 ,sec4 #ebje4 ,national activities4 ,sec4 #ebjf4 ,federal formula allocation during first year and for successive enrollment expansions4 ,sec4 #ebjg4 ,solicitation of input from charter school operators4 ,sec4 #ebjh4 ,records transfer4 ,sec4 #ebji4 ,paperwork reduction4 ,sec4 #ebaj4 ,definitions4 ,sec4 #ebaa4 ,authorization of appropriations4 ,part ,b--,magnet ,schools ,assistance ,sec4 #ecja4 ,findings and purpose4 ,sec4 #ecjb4 ,definition4 ,sec4 #ecjc4 ,program authorized4 ,sec4 #ecjd4 ,eligibility4 ,sec4 #ecje4 ,applications and requirements4 ,sec4 #ecjf4 ,priority4 ,sec4 #ecjg4 ,use of funds4 ,sec4 #ecjh4 ,prohibition4 ,sec4 #ecji4 ,limitations4 ,sec4 #ecaj4 ,evaluations4 ,sec4 #ecaa4 ,authorization of appropriations2 reservation4 ,,title ,,vi--,,flexibility ,,and ,,accountability ,part ,a--,improving ,academic ,achievement ,subpart #a--;,accountability ,sec4 #faaa4 ,grants for ,state assessments and related activities4 ,sec4 #faab4 ,grants for enhanced assessment instruments4 ,sec4 #faac4 ,funding4 ,subpart #b--;,funding ,transferability for ,state and ,local ,educational ,agencies ,sec4 #faba4 ,short title4 ,sec4 #fabb4 ,purpose4 ,sec4 #fabc4 ,transferability of funds4 ,subpart #c--,state and ,local ,flexibility ,demonstration ,sec4 #faca4 ,short title4 ,sec4 #facb4 ,purpose4 ,sec4 #facc4 ,general provision4 ,,chapter ,a--,,state ,,flexibility ,,authority ,sec4 #fada4 ,state flexibility4 ,sec4 #fadb4 ,consolidation and use of funds4 ,sec4 #fadc4 ,performance review and penalties4 ,sec4 #fadd4 ,renewal of grant of flexibility authority4 ,,chapter ,b--,,local ,,flexibility ,,demonstration ,sec4 #faea4 ,local flexibility demonstration agreements4 ,sec4 #faeb4 ,consolidation and use of funds4 ,sec4 #faec4 ,limitations on administrative expenditures4 ,sec4 #faed4 ,performance review and penalties4 ,sec4 #faee4 ,renewal of local flexibility demonstration agreement4 ,sec4 #faef4 ,reports4 ,subpart #d--,state ,accountability for ,adequate ,yearly ,progress ,sec4 #fafa4 ,accountability for adequate yearly progress4 ,sec4 #fafb4 ,peer review4 ,sec4 #fafc4 ,technical assistance4 ,sec4 #fafd4 ,report to ,congress4 ,part ,b--,rural ,education ,initiative ,sec4 #fbja4 ,short title4 ,sec4 #fbjb4 ,purpose4 ,subpart #a--,small1 ,rural ,school ,achievement ,program ,sec4 #fbaa4 ,use of applicable funding4 ,sec4 #fbab4 ,grant program authorized4 ,sec4 #fbac4 ,accountability4 ,subpart #b--,rural and ,low-,income ,school ,program ,sec4 #fbba4 ,program authorized4 ,sec4 #fbbb4 ,uses of funds4 ,sec4 #fbbc4 ,applications4 ,sec4 #fbbd4 ,accountability4 ,subpart #c--;,general ,provisions ,sec4 #fbca4 ,annual average daily attendance determination4 ,sec4 #fbcb4 ,supplement1 not supplant4 ,sec4 #fbcc4 ,rule of construction4 ,sec4 #fbcd4 ,authorization of appropriations4 ,part ,c--,general ,provisions ,sec4 #fcja4 ,prohibition against ,federal mandates1 direction1 or control4 ,sec4 #fcjb4 ,rule of construction on equalized spending4 ,,title ,,vii--,,indian1 ,,native ,,hawaiian1 ,,and ,,alaska ,,native ,,education ,part ,a--,indian ,education ,sec4 #gaja4 ,statement of policy4 ,sec4 #gajb4 ,purpose4 ,subpart #a--;,formula ,grants to ,local ,educational ,agencies ,sec4 #gaaa4 ,purpose4 ,sec4 #gaab4 ,grants to local educational agencies and tribes4 ,sec4 #gaac4 ,amount of grants4 ,sec4 #gaad4 ,applications4 ,sec4 #gaae4 ,authorized services and activities4 ,sec4 #gaaf4 ,integration of services authorized4 ,sec4 #gaag4 ,student eligibility forms4 ,sec4 #gaah4 ,payments4 ,sec4 #gaai4 ,state educational agency review4 ,subpart #b--,special ,programs and ,projects ,to ,improve ,educational ,opportunities for ,indian ,children ,sec4 #gaba4 ,improvement of educational opportunities for ,indian children4 ,sec4 #gabb4 ,professional development for teachers and education professionals4 ,subpart #c--,national ,activities ,sec4 #gaca4 ,national research activities4 ,sec4 #gacb4 ,in-service training for teachers of ,indian children4 ,sec4 #gacc4 ,fellowships for ,indian students4 ,sec4 #gacd4 ,gifted and talented ,indian students4 ,sec4 #gace4 ,grants to tribes for education administrative planning and development4 ,sec4 #gacf4 ,improvement of educational opportunities for adult ,indians4 ,subpart #d--;,federal ,administration ,sec4 #gada4 ,national ,advisory ,council on ,indian ,education4 ,sec4 #gadb4 ,peer review4 ,sec4 #gadc4 ,preference for ,indian applicants4 ,sec4 #gadd4 ,minimum grant criteria4 ,subpart #e--;,definitions2 ,authorizations of ,appropriations ,sec4 #gaea4 ,definitions4 ,sec4 #gaeb4 ,authorizations of appropriations4 ,part ,b--,native ,hawaiian ,education ,sec4 #gbja4 ,short title4 ,sec4 #gbjb4 ,findings4 ,sec4 #gbjc4 ,purposes4 ,sec4 #gbjd4 ,native ,hawaiian ,education ,council and island councils4 ,sec4 #gbje4 ,program authorized4 ,sec4 #gbjf4 ,administrative provisions4 ,sec4 #gbjg4 ,definitions4 ,part ,c--,alaska ,native ,education ,sec4 #gcja4 ,short title4 ,sec4 #gcjb4 ,findings4 ,sec4 #gcjc4 ,purposes4 ,sec4 #gcjd4 ,program authorized4 ,sec4 #gcje4 ,administrative provisions4 ,sec4 #gcjf4 ,definitions4 ,,title ,,viii--,,impact ,,aid ,sec4 #hjja4 ,purpose4 ,sec4 #hjjb4 ,payments relating to ,federal acquisition of real property4 ,sec4 #hjjc4 ,payments for eligible federally connected children4 ,sec4 #hjjd4 ,policies and procedures relating to children residing on ,indian lands4 ,sec4 #hjje4 ,application for payments under sections #hjjb and #hjjc4 ,sec4 #hjjg4 ,construction4 ,sec4 #hjjh4 ,facilities4 ,sec4 #hjji4 ,state consideration of payments in providing ,state aid4 ,sec4 #hjaj4 ,federal administration4 ,sec4 #hjaa4 ,administrative hearings and judicial review4 ,sec4 #hjab4 ,forgiveness of overpayments4 ,sec4 #hjac4 ,definitions4 ,sec4 #hjad4 ,authorization of appropriations4 ,,title ,,ix--,,general ,,provisions ,part ,a--,definitions ,sec4 #iaja4 ,definitions4 ,sec4 #iajb4 ,applicability of title4 ,sec4 #iajc4 ,applicability to ,bureau of ,indian ,affairs operated schools4 ,part ,b--,flexibility in the use of ,administrative and ,other ,funds ,sec4 #ibja4 ,consolidation of ,state administrative funds for elementary and secondary education programs4 ,sec4 #ibjb4 ,single local educational agency ,states4 ,sec4 #ibjc4 ,consolidation of funds for local administration4 ,sec4 #ibjd4 ,consolidated set-aside for ,department of the ,interior funds4 ,part ,c--,coordination of ,programs2 ,consolidated ,state and ,local ,plans and ,applications ,sec4 #icja4 ,purpose4 ,sec4 #icjb4 ,optional consolidated ,state plans or applications4 ,sec4 #icjc4 ,consolidated reporting4 ,sec4 #icjd4 ,general applicability of ,state educational agency assurances4 ,sec4 #icje4 ,consolidated local plans or applications4 ,sec4 #icjf4 ,other general assurances4 ,part ,d--,waivers ,sec4 #idja4 ,waivers of statutory and regulatory requirements4 ,part ,e--,uniform ,provisions ,subpart #a--,private ,schools ,sec4 #ieja4 ,participation by private school children and teachers4 ,sec4 #iejb4 ,standards for by-pass4 ,sec4 #iejc4 ,complaint process for participation of private school children4 ,sec4 #iejd4 ,by-pass determination process4 ,sec4 #ieje4 ,prohibition against funds for religious worship or instruction4 ,sec4 #iejf4 ,private1 religious1 and home schools4 ,subpart #b--,other ,provisions ,sec4 #iebb4 ,prohibition regarding ,state aid4 ,sec4 #iebc4 ,privacy of assessment results4 ,sec4 #iebd4 ,school prayer4 ,sec4 #iebe4 ,equal access to public school facilities4 ,sec4 #iebf4 ,general prohibitions4 ,sec4 #iebg4 ,prohibitions on ,federal ,government and use of ,federal funds4 ,sec4 #iebh4 ,armed ,forces recruiter access to students and student recruiting information4 ,sec4 #iebi4 ,prohibition on federally sponsored testing4 ,sec4 #iecj4 ,limitations on national testing or certification for teachers4 ,sec4 #ieca4 ,prohibition on nationwide database4 ,sec4 #iecb4 ,unsafe school choice option4 ,sec4 #iecc4 ,prohibition on discrimination4 ,sec4 #iecd4 ,civil rights4 ,sec4 #iece4 ,rulemaking4 ,sec4 #iecf4 ,severability4 ,sec4 #iecg4 ,transfer of school disciplinary records4 ,subpart #c--,teacher ,liability ,protection ,sec4 #ieda4 ,short title4 ,sec4 #iedb4 ,purpose4 ,sec4 #iedc4 ,definitions4 ,sec4 #iedd4 ,applicability4 ,sec4 #iede4 ,preemption and election of ,state nonapplicability4 ,sec4 #iedf4 ,limitation on liability for teachers4 ,sec4 #iedg4 ,allocation of responsibility for noneconomic loss4 ,sec4 #iedh4 ,effective date4 ,subpart #d--;,internet safety ,sec4 #ieea4 ,internet safety4 ,subpart #e--;,gun ,possession ,sec4 #iefa4 ,gun-free requirements4 ,subpart #f--;,environmental ,tobacco ,smoke ,sec4 #iega4 ,short title4 ,sec4 #iegb4 ,definitions4 ,sec4 #iegc4 ,nonsmoking policy for children's services4 ,sec4 #iegd4 ,preemption4 ,part ,f--,evaluations ,sec4 #ifja4 ,evaluations4 ,part ,g--,approval and disapproval of ,state plans and local applications ,sec4 #igja4 ,approval and disapproval of ,state plans4 ,sec4 #igjb4 ,approval and disapproval of local educational agency applications4 4 ,i ,improving basic programs operated by ,state and local educational agencies #aja4 ,statement of purpose ,section #ajja 7#bj ,u4,s4,c4 #fcja7 is amended to read as follows3 #ajja4 ,statement of purpose ,the purpose of this title is to ensure that all children have a fair1 equal1 and significant opportunity to receive a high-quality education that prepares them for postsecondary education or the workforce1 without the need for remediation1 and to close the achievement gap between high- and low-performing children1 especially the achievement gaps between minority and nonminority students1 and between disadvantaged children and their more advantaged peers4 4 #ajb4 ,authorization of appropriations ,section #ajjb 7#bj ,u4,s4,c4 #fcjb7 is amended to read as follows3 #ajjb4 ,authorization of appropriations 7a7 ,local educational agency grants ,for the purpose of carrying out part ,a1 there are authorized to be appropriated #ad1igd1jia1jjj for each of fiscal years #bjad through #bjah4 7b7 ,state assessments ,for the purpose of carrying out part ,b1 there are authorized to be appropriated #cfh1ijj1jjj for each of fiscal years #bjad through #bjah4 7c7 ,education of migratory children ,for the purpose of carrying out part ,c1 there are authorized to be appropriated #cgb1gea1jjj for each of fiscal years #bjad through #bjah4 7d7 ,prevention and intervention programs for youth who are neglected1 delinquent1 or at risk ,for the purpose of carrying out part ,d1 there are authorized to be appropriated #dg1fad1jjj for each of fiscal years #bjad through #bjah4 7e7 ,federal activities ,for the purpose of carrying out section #aeja1 there are authorized to be appropriated such sums as may be necessary for each of fiscal years #bjad through #bjah4 4 #ajc4 ,school improvement and ,state administration ,the ,act 7#bj ,u4,s4,c4 #fcja et seq47 is amended-- 7#a7 by striking section #ajjc2 7#b7 by redesignating section #ajjd as section #ajjc2 and 7#c7 in section #ajjc1 as redesignated by paragraph 7#b7-- 7,a7 in subsection 7a71 by striking subsection 7b7 and inserting subsections 7b7 and 7c72 and 7,b7 by adding at the end the following3 7c7 ,technical assistance and support 7#a7 ,in general ,each ,state may reserve not more than #d percent of the amount the ,state receives under subpart #b of part ,a for a fiscal year to carry out paragraph 7#b7 and to carry out the ,state educational agencies responsibilities under section #aaad7;a71 including carrying out the ,state educational agency's statewide system of technical assistance and support for local educational agencies4 7#b7 ,uses ,of the amount reserved under paragraph 7#a7 for any fiscal year1 the ,state educational agency-- 7,a7 shall allocate not less than #ie percent of the amount directly to local educational agencies for schools identified by the ,state under section #aaad7;a77#a77;,b71 for activities under section #aaad7;b72 or 7,b7 may1 with the approval of the local educational agency1 directly provide for such activities or arrange for their provision through other entities1 such as school support teams or educational service agencies4 4 #ajd4 ,basic program requirements ,subpart #a of part ,a of title ,i 7#bj ,u4,s4,c4 #fcaa et seq47 is amended-- 7#a7 by striking sections #aaaa through #aaag and inserting the following3 #aaaa4 ,state plans 7a7 ,plans required 7#a7 ,in general ,for any ,state desiring to receive a grant under this part1 the ,state educational agency shall submit to the ,secretary a plan1 developed by the ,state educational agency in consultation with local educational agencies1 teachers1 principals1 pupil services personnel1 administrators1 other staff1 and parents1 that satisfies the requirements of this section4 7#b7 ,consolidated plan ,a ,state plan submitted under paragraph 7#a7 may be submitted as part of a consolidated plan under section #icjb4 7#c7 ,peer review and secretarial approval 7,a7 ,in general ,the ,secretary shall-- 7i7 establish a peer-review process to assist in the review of ,state plans2 7ii7 establish multidisciplinary peer review teams and appoint their members1 including representatives of teachers1 ,state educational agencies1 local educational agencies1 and those with practical experience in implementing academic standards1 assessments1 accountability1 the needs of low-performing schools1 and other educational needs of students2 and 7iii7 approve a ,state plan within #de days of its submission unless the ,secretary presents a body of substantial1 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 purposes4 7,b7 ,purpose of peer review ,the peer review process shall be designed to-- 7i7 promote effective implementation of ,state-developed challenging academic standards through ,state and local innovation2 and 7ii7 provide transparent feedback to ,states designed to strengthen the ,states' plans4 7,c7 ,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 judgments1 with the goal of promoting ,state- and local-led innovation4 7#d7 ,state plan determination1 demonstration1 and revision ,if the ,secretary determines that the ,state plan does not meet the requirements of this subsection or subsection 7b7 or 7c71 the ,secretary shall1 prior to declining to approve a ,state plan-- 7,a7 immediately notify the ,state of such determination2 7,b7 provide a detailed description of the specific requirements of this subsection or subsection 7b7 or 7c7 of the ,state plan that the ,secretary determines fails to meet such requirements2 7,c7 offer the ,state an opportunity to revise and resubmit its plan within #fj days of such determination2 7,d7 provide technical assistance1 upon request of the ,state1 in order to assist the ,state to meet the requirements of this subsection or subsection 7b7 or 7c72 and 7,e7 conduct a public hearing within #cj days of such resubmission1 with public notice provided not less than #ae days before such hearing4 7#e7 ,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 7#d71 and-- 7,a7 the ,state does not revise and resubmit its plan2 or 7,b7 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 7#d77;,e74 7#f7 ,limitations ,the ,secretary shall not have the authority to require a ,state1 as a condition of approval of the ,state plan1 to-- 7,a7 include in1 or delete from1 such plan #a or more specific elements of the ,state's academic content standards or academic achievement standards2 7,b7 use specific academic assessment instruments or items2 7,c7 include in1 or delete from1 such a plan any criterion that specifies1 defines1 or prescribes the standards or measures that ,state or local educational agencies use to establish1 implement1 or improve-- 7i7 ,state standards2 7ii7 assessments2 7iii7 ,state accountability systems2 7iv7 systems that measure student growth2 7v7 measures of other academic indicators2 or 7vi7 teacher and principal evaluation systems2 or 7,d7 require the collection1 publication1 or transmission to the ,department of individual student data that is not expressly required to be collected under this ,act4 7#g7 ,public review ,all written communications1 feedback1 and notifications under this subsection shall be conducted in a manner that is transparent and immediately made available to the public through the ,department website1 including-- 7,a7 plans submitted or resubmitted by a ,state2 7,b7 peer review comments2 7,c7 ,state plan determinations by the ,secretary1 including approvals or disapprovals2 and 7,d7 public hearings under this section4 7#h7 ,duration of the plan 7,a7 ,in general ,each ,state plan shall-- 7i7 remain in effect for the duration of the ,state's participation under this part2 and 7ii7 be periodically reviewed and revised as necessary by the ,state educational agency to reflect changes in the ,state's strategies and programs under this part4 7,b7 ,additional information ,a ,state shall notify the ,secretary if a ,state makes significant changes to its plan1 such as the adoption of new ,state academic content standards1 ,state academic achievement standards1 new academic assessments1 or changes to its accountability system under subsection 7b77#c74 7#i7 ,failure to meet requirements ,if a ,state fails to meet any of the requirements of this section1 then the ,secretary may withhold funds for ,state administration under this part until the ,secretary determines that the ,state has fulfilled those requirements4 7b7 ,academic standards1 academic assessments1 and ,state accountability systems 7#a7 ,challenging state academic standards 7,a7 ,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 ,state1 its local educational agencies1 and its schools to carry out this part4 7,b7 ,same standards ,the standards required by subparagraph 7,a7 shall be the same standards that the ,state applies to all public schools and public school children in the ,state4 7,c7 ,subjects ,the ,state shall have such standards in mathematics1 reading or language arts1 and science1 and any other subjects as determined by the ,state1 which shall include the same knowledge1 skills1 and levels of achievement expected of all children in the ,state4 7,d7 ,alignment ,each ,state shall provide an assurance to the ,secretary that the ,state's challenging academic content standards are aligned with-- 7i7 entrance requirements1 without the need for academic remediation1 for an institution of higher education in the ,state2 and 7ii7 ,state performance measures identified in the ,state plan under section #aac7;b7 of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf4 7,e7 ,alternate academic achievement standards ,notwithstanding any other provision of this paragraph1 a ,state may1 through a documented and validated standards-setting process1 adopt alternate academic achievement standards for students with the most significant cognitive disabilities who take an alternate assessment1 provided those standards-- 7i7 are aligned with the ,state's challenging academic content standards under subparagraph 7,a72 7ii7 promote access to the general curriculum2 and 7iii7 reflect professional judgment of the highest achievement standards attainable by those students4 7,f7 ,modified academic achievement standards ,notwithstanding any other provision of this paragraph1 a ,state may1 through a documented and validated standards-setting process1 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 #fad7;d7 of the ,individuals with ,disabilities ,education ,act1 provided those standards-- 7i7 are aligned with the ,state's challenging academic content standards under subparagraph 7,a7 for the grade in which the student is enrolled2 and 7ii7 are challenging for such eligible students1 but may be less difficult than the grade-level academic achievement standards under this section4 7,g7 ,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 7,a74 ,such standards shall-- 7i7 ensure proficiency in each of the domains of speaking1 listening1 reading1 and writing2 7ii7 address the different proficiency levels of ,english language learners2 and 7iii7 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 standards4 7,h7 ,prohibitions 7i7 ,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 approval4 7ii7 ,federal control ,the ,secretary shall not have the authority to mandate1 direct1 control1 or exercise any direction or supervision over the academic content standards or academic achievement standards adopted or implemented by a ,state4 7,i7 ,existing standards ,nothing in this part shall prohibit a ,state from revising1 consistent with this section1 any standard adopted under this part before or after the date of enactment of the ,every ,child ,ready for ,college or ,career ,act of #bjac4 7#b7 ,academic assessments 7,a7 ,in general ,each ,state plan shall provide an assurance that the ,state educational agency1 in consultation with local educational agencies1 has implemented a set of high-quality1 yearly student academic assessments that include1 at a minimum1 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 standards4 7,b7 ,requirements ,each ,state plan shall provide an assurance that such assessments-- 7i7 are the same academic assessments used to measure the achievement of all students2 7ii7 are aligned with the ,state's challenging academic content and student academic achievement standards1 and provide coherent information about student attainment of such standards2 7iii7 are used for purposes for which such assessments are valid and reliable1 be of adequate technical quality for each purpose required under this ,act1 and be consistent with relevant1 nationally recognized professional and technical standards2 7iv7 7,i7 measure the annual academic achievement of all students against the ,state's challenging academic achievement standards in mathematics and reading or language arts1 and be administered-- 7aa7 in each of grades #c through #h2 and 7bb7 at least once in grades #i through #ab2 and 7,,ii7 measure the academic achievement of all students against the ,state's challenging academic achievement standards in science1 and be administered not less than one time1 during-- 7aa7 grades #c through #e2 7bb7 grades #f through #h2 and 7cc7 grades #i through #ab2 7v7 involve multiple up-to-date measures of student academic achievement2 7vi7 provide for-- 7,i7 the participation in such assessments of all students2 7,,ii7 the reasonable adaptations and accommodations for children with disabilities 7as defined in section #fjb7c7 of the ,individuals with ,disabilities ,education ,act7 necessary to measure the academic achievement of such children relative to ,state academic content and student academic achievement standards2 7,,iii7 alternate assessments aligned with grade-level academic content and academic achievement standards1 unless the ,state develops alternate assessments aligned with-- 7aa7 alternate academic achievement standards1 consistent with subparagraph 7,c71 for students with the most significant cognitive disabilities2 or 7bb7 modified academic achievement standards consistent with subparagraph 7,c72 and 7,,iv7 the inclusion of ,english language learners1 who shall be assessed in a valid and reliable manner and provided reasonable accommodations on assessments administered to such students under this paragraph1 including1 to the extent practicable1 assessments in the language and form most likely to yield accurate data on what such students know and can do in academic content areas1 until such students have achieved ,english language proficiency1 as determined under paragraph 7#a77;,g72 7vii7 produce individual student interpretive1 descriptive1 and diagnostic reports1 consistent with clause 7iii71 that allow parents1 teachers1 and principals to understand and address the specific academic needs of students1 and include information regarding achievement on academic assessments1 and that are provided to parents1 teachers1 and principals in a timely manner after the assessment is given1 in an understandable and uniform format2 and 7viii7 enable results to be disaggregated within each ,state1 local educational agency1 and school1 by-- 7,i7 each major racial and ethnic group2 7,,ii7 economically disadvantaged students as compared to students who are not economically disadvantaged2 7,,iii7 students with disabilities as compared to nondisabled students2 7,,iv7 ,english proficiency status2 7,v7 gender2 and 7,,vi7 migrant status4 7,c7 ,students with disabilities 7i7 ,alternate standards ,a ,state may provide for alternate assessments aligned with alternate academic achievement standards for students with the most significant cognitive disabilities1 if the ,state-- 7,i7 establishes and monitors implementation of clear and appropriate guidelines for individualized education program teams 7as defined in section #fad7;d77#a77;,b7 of the ,individuals with ,disabilities ,education ,act7 7referred to in this section as ,,iep ,teams7 to apply in determining when a child's significant cognitive disability justifies assessment based on alternate academic achievement standards2 7,,ii7 ensures that the parents of those students are informed that their child's academic achievement will be based on alternate academic achievement standards2 7,,iii7 documents that students with the most significant cognitive disabilities are1 to the extent practicable1 included in the general curriculum1 and in assessments aligned with that curriculum2 7,,iv7 develops1 disseminates information on1 and promotes the use of appropriate accommodations to increase the number of students with disabilities who are tested against academic achievement standards for the grade in which a student is enrolled2 and 7,v7 ensures that regular and special education teachers and other appropriate staff know how to administer assessments1 including making appropriate use of accommodations1 for students with disabilities4 7ii7 ,modified standards ,a ,state may assess students with disabilities based on modified academic achievement standards1 if the ,state-- 7,i7 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 standards1 which criteria1 at a minimum1 shall include-- 7aa7 whether the student's disability has precluded the student from achieving grade-level proficiency1 as demonstrated by objective evidence1 such as the student's performance on the ,state's regular assessments or on other assessments that can validly demonstrate academic achievement2 and 7bb7 whether the student's progress in response to appropriate instruction1 including special education and related services designed to address the student's individual needs1 is such that1 even if significant growth occurs1 the ,,iep ,team is reasonably certain that the student will not achieve to grade-level within the year covered by the ,,iep1 which progress shall be based on multiple measurements1 over a period of time1 that are valid for the subjects being assessed2 7,,ii7 ensures that1 if a student's ,,iep includes goals for a subject assessed based on modified academic achievement standards1 those goals are based on academic content standards for the grade in which the student is enrolled2 7,,iii7 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 standards2 7,,iv7 ensures that the alternate assessment yields results that measure the achievement of those students separately in reading or language arts1 mathematics1 and science relative to the modified academic achievement standards2 7,v7 ensures that students who are assessed based on modified academic achievement standards have access to the curriculum1 including instruction1 for the grade in which the students are enrolled2 and 7,,vi7 establishes and monitors implementation of clear and appropriate guidelines for ,,iep ,teams to apply in developing and implementing ,i,e,ps for students who are assessed based on modified academic achievement standards4 7,d7 ,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 needed1 and such ,state shall make every effort to develop such assessments as are necessary4 7,e7 ,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 7measuring students' speaking1 listening1 reading1 and writing skills in ,english7 of all ,english language learners in the schools served by the ,state educational agency1 except that each local educational agency shall have discretion to exempt any student who has been assessed as proficient in listening1 speaking1 reading1 or writing ,english from the corresponding portion of the assessment4 7,f7 ,deferral ,a ,state may defer the commencement1 or suspend the administration1 but not cease the development1 of the assessments described in this paragraph1 for #a year for each year for which the amount appropriated for grants under part ,b is less than #cfh1ijj1jjj4 7,g7 ,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 purposes4 7#c7 ,state accountability system 7,a7 ,in general ,each ,state plan shall provide an assurance that the ,state has developed and is implementing a single1 statewide ,state accountability system that will be based on the challenging academic content standards and student academic achievement standards adopted by the ,state1 and other academic indicators related to student achievement identified by the ,state1 to ensure that all students graduate from high school prepared for postsecondary education or the workforce without the need for remediation and that1 at a minimum-- 7i7 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 arts1 which may include measures of student growth to such standards and any other valid and reliable academic indicators related to student achievement2 7ii7 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-- 7,i7 achievement gaps between each category of students described in subclauses 7,i7 through 7,,iv7 of paragraph 7#b77;,b77viii72 7,,ii7 overall performance of all students and of each category of students described in subclauses 7,i7 through 7,,iv7 of paragraph 7#b77;,b77viii72 and 7,,iii7 secondary school graduation rates1 as appropriate2 7iii7 for public schools participating under this part1 includes a system for annually-- 7,i7 identifying such schools that are in need of strategies for improving student academic achievement and any other measures determined appropriate by the ,state2 and 7,,ii7 providing assistance to local educational agencies to develop and implement appropriate strategies for improving identified schools2 7iv7 provides a clear and understandable explanation of the method of identifying schools under clause 7iii72 7v7 measures the annual progress of not less than #ie percent of each category of students described in subclauses 7,i7 through 7,,iv7 of paragraph 7#b77;,b77viii7 who are enrolled in the school and are required to take the assessments under paragraph 7#b72 and 7vi7 measures the high school graduation rate for each category of students described in subclauses 7,i7 through 7,,iv7 of paragraph 7#b77;,b77viii74 7,b7 ,prohibition on regulation ,nothing in this subsection shall be construed to permit the ,secretary to establish any criterion that specifies1 defines1 or prescribes the standards or measures that ,state or local educational agencies use to establish1 implement1 or improve-- 7i7 ,state standards2 7ii7 assessments2 7iii7 ,state accountability systems2 7iv7 systems that measure student growth2 7v7 measures of other academic indicators2 or 7vi7 teacher and principal evaluation systems4 7c7 ,provisions ,to support teaching and learning ,each ,state plan shall provide an assurance that-- 7#a7 the ,state will notify local educational agencies1 schools1 teachers1 parents1 and the public of the academic content standards1 student academic achievement standards1 academic assessments1 and ,state accountability system1 developed under this section2 7#b7 the ,state educational agency will assist each local educational agency and school affected by the ,state plan to meet the requirements of this part2 and 7#c7 low-income and minority children1 enrolled in schools assisted under this part1 are served by effective teachers and principals and have access to a high-quality instructional program in the core academic subjects1 and the ,state shall adopt measures to evaluate and publicly report the progress of the ,state educational agency with respect to such steps4 7d7 ,other assurances ,each ,state plan shall contain an assurance that-- 7#a7 the ,state will participate in biennial ,state academic assessments of #dth and #hth grade reading and mathematics under the ,national ,assessment of ,educational ,progress carried out under section #cjc7;b77#c7 of the ,national ,assessment of ,educational ,progress ,authorization ,act if the ,secretary pays the costs of administering such assessments2 7#b7 the ,state educational agency will modify or eliminate ,state fiscal and accounting barriers so that schools can easily consolidate funds from other ,federal1 ,state1 and local sources in order to improve educational opportunities and reduce unnecessary fiscal and accounting requirements2 7#c7 the ,state educational agency will support the collection and dissemination to local educational agencies and schools of effective parental involvement practices2 7#d7 the ,state educational agency will provide the least restrictive and burdensome regulations for local educational agencies and individual schools participating in a program assisted under this part2 7#e7 the ,state educational agency will ensure that local educational agencies1 to the extent feasible1 in developing and implementing programs under this part1 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 teaching1 learning1 and schools2 and 7#f7 the ,state educational agency has appropriate procedures and safeguards in place to ensure the validity of the assessment process4 7e7 ,reports 7#a7 ,annual state report card 7,a7 ,in general ,a ,state that receives assistance under this part shall prepare and disseminate widely to the public an annual ,state report card4 7,b7 ,implementation ,the ,state report card shall be-- 7i7 concise2 and 7ii7 presented in an understandable and uniform format4 7,c7 ,required information ,the ,state shall include in its annual ,state report card-- 7i7 information1 in the aggregate1 on student achievement on the ,state academic assessments described in subsection 7b77#b7 7disaggregated by each category of students described in subsection 7b77#b77;,b77viii772 7ii7 the percentage of students tested 7disaggregated by each category of students described in subsection 7b77#b77;,b77viii772 7iii7 information on any other indicator used by the ,state to determine student achievement under subsection 7b77#c7 7disaggregated by each category of students described in subsection 7b77#b77;,b77viii772 7iv7 graduation rates for secondary school students consistent with subsection 7b77#c77;,a77vi72 7v7 the professional qualifications of teachers in the ,state and the percentage of such teachers teaching with emergency or provisional credentials1 in the aggregate and disaggregated by high-poverty compared to low-poverty schools which1 for the purpose of this clause1 means schools in the top quartile of poverty and the bottom quartile of poverty in the ,state2 7vi7 information on the performance of local educational agencies and schools in the ,state2 and 7vii7 for a ,state that implements a teacher and principal evaluation system consistent with title ,,ii1 the evaluation results of teachers and principals1 except that such information shall not provide individually identifiable information on individual teachers or principals4 7,d7 ,financial information ,the ,state shall include in its annual ,state report card the per-pupil expenditures of ,federal1 ,state1 and local funds for each local educational agency in the ,state for the preceding fiscal year4 7,e7 ,optional information ,the ,state may include in its annual ,state report card such other information as the ,state believes will best provide parents1 students1 and other members of the public with information regarding the progress of each of the ,state's public schools4 7#b7 ,annual local educational agency report cards 7,a7 ,report cards ,a local educational agency that receives assistance under this part shall prepare and disseminate1 in accordance with subparagraph 7,e71 an annual local educational agency report card4 7,b7 ,minimum requirements ,the local educational agency shall include in its report card the information described in paragraph 7#a77;,c7 as applied to the local educational agency and each school served by the local educational agency1 and-- 7i7 in the case of a local educational agency1 information that shows how students served by the local educational agency achieved on the statewide academic assessment compared to students in the ,state as a whole2 and 7ii7 in the case of a school1 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 whole4 7,c7 ,financial information ,the local educational agency shall include in its annual local educational agency report card the per-pupil expenditures of ,federal1 ,state1 and local funds for each school served by the agency for the preceding fiscal year4 7,d7 ,other information ,a local educational agency may include in its annual local educational agency report card any other appropriate information1 whether or not such information is included in the annual ,state report card4 7,e7 ,public dissemination 7i7 ,in general ,except as provided in clause 7ii71 a local educational agency shall-- 7,i7 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 format2 and 7,,ii7 make the information widely available through public means1 such as posting on the ,internet1 distribution to the media1 and distribution through public agencies4 7ii7 ,exception ,if a local educational agency issues a report card for all students1 the local educational agency may include the information described in this paragraph as part of such report4 7#c7 ,preexisting report cards ,a ,state educational agency or local educational agency that was providing public report cards on the performance of students1 schools1 local educational agencies1 or the ,state prior to the date of enactment of the ,every ,child ,ready for ,college or ,career ,act of #bjac1 may use such report cards for the purpose of disseminating information under this subsection if the report card is modified1 as may be needed1 to contain the information required by this subsection4 7#d7 ,annual ,state report to the secretary ,each ,state educational agency receiving assistance under this part shall report annually to the ,secretary1 and make widely available within the ,state-- 7,a7 information on the achievement of students on the academic assessments required under subsection 7b77#b71 including the disaggregated results for each category of students described in subsection 7b77#b77;,b77viii72 7,b7 information on the acquisition of ,english proficiency by children who are ,english language learners2 7,c7 the number and names of the schools identified under section #aaad7;a77#a77;,b71 and the school assistance strategies developed and implemented by the local educational agency under section #aaad7;b7 to address the needs of students in each school2 7,d7 the number of students and schools that participated in public school choice under this title2 7,e7 7i7 information on the quality and effectiveness of teachers2 and 7ii7 the percentage of classes being taught by teachers who are licensed or certified to teach in their field of study1 for the ,state and for each local educational agency and public elementary school or secondary school in the ,state2 and 7,f7 information on the results of the teacher and principal evaluation system1 as applicable4 7#e7 ,presentation of data 7,a7 ,in general ,a ,state educational agency or local educational agency shall only include in its annual report card described under paragraphs 7#a7 and 7#b7 data that are sufficient to yield statistically reliable information1 as determined by the ,state or local educational agency1 and that do not reveal personally identifiable information about an individual student4 7,b7 ,student privacy ,subject to section #ddd of the ,general ,education ,provisions ,act and notwithstanding section #ddd7;b77#a77;,f7 of such ,act1 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 majority1 the student1 with any-- 7i7 individual or governmental entity outside of the school2 7ii7 local educational agency or ,state educational agency2 and 7iii7 third party contractor1 such as a researcher or private or nonprofit non-governmental organization1 including third party assessment and testing organizations4 7,c7 ,exception ,notwithstanding subparagraph 7,b71 the sharing of educational records and information shall be permissible-- 7i7 in an emergency situation2 and 7ii7 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 neglect4 7#f7 ,report to congress ,the ,secretary shall transmit annually to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives a report that provides national and ,state level data on the information collected under paragraph 7#d74 ,such report shall be submitted through electronic means only4 7#g7 ,secretary's report card 7,a7 ,in general ,not later than ,july #a1 #bjae1 and annually thereafter1 the ,secretary shall transmit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives a national report card on the status of elementary and secondary education in the ,united ,states4 ,such report shall-- 7i7 analyze existing data from ,state reports required under this ,act1 the ,individuals with ,disabilities ,education ,act1 and the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf1 and summarize major findings from such reports2 7ii7 analyze data from the ,national ,assessment of ,educational ,progress and comparable international assessments2 7iii7 identify trends in student achievement1 student performance1 and secondary school graduation rates1 by analyzing and reporting on the status and performance of students1 disaggregated by each category of students described in subsection 7b77#b77;,b77viii72 7iv7 analyze data on ,federal1 ,state1 and local expenditures on education1 including per-pupil spending1 teacher salaries and pension obligations1 school level spending1 and other financial data publicly available1 and report on current trends and major findings2 and 7v7 analyze information on the teaching and principal profession1 including education and training1 retention and mobility1 and effectiveness in improving student achievement4 7,b7 ,special rule ,the information used to prepare the report described in subparagraph 7,a7 shall be derived from existing ,state and local reporting requirements and data sources4 ,nothing in this paragraph shall be construed as authorizing1 requiring1 or allowing any additional reporting requirements1 data elements1 or information to be reported to the ,secretary not otherwise explicitly authorized by any other ,federal law4 7f7 ,voluntary partnerships 7#a7 ,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 assessments1 ,state academic content standards1 and accountability systems required under this section4 7#b7 ,prohibition ,the ,secretary shall be prohibited from requiring a ,state to enter into a voluntary partnership described in paragraph 7#a71 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 grant1 contract1 or cooperative agreement4 7g7 ,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 part1 the following shall apply3 7#a7 ,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 section1 or such other appropriate assessment as approved by the ,secretary of the ,interior4 7#b7 ,each such school that is accredited by a regional accrediting organization shall adopt an appropriate assessment in consultation with1 and with the approval of1 the ,secretary of the ,interior and consistent with assessments adopted by other schools in the same ,state or region1 that meets the requirements of this section4 7#c7 ,each such school that is accredited by a tribal accrediting agency or tribal division of education shall use an assessment developed by such agency or division1 except that the ,secretary of the ,interior shall ensure that such assessment meets the requirements of this section4 #aaab4 ,local educational agency plans 7a7 ,plans required 7#a7 ,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 plan1 approved by the ,state educational agency1 that is developed in consultation with teachers1 principals1 administrators 7including administrators of programs described in other parts of this title71 other appropriate school personnel1 and with parents of children in schools served under this part1 that satisfies the requirements of this section4 7#b7 ,consolidated application ,the plan may be submitted as part of a consolidated application under section #icje4 7#c7 ,state review and approval 7,a7 ,in general ,each local educational agency plan shall be filed according to a schedule established by the ,state educational agency4 7,b7 ,approval ,the ,state educational agency shall approve a local educational agency's plan only if the ,state educational agency determines that the local educational agency's plan satisfies the requirements of this part and enables children served under this part to meet the ,state's challenging academic standards described in section #aaaa7;b77#a74 7#d7 ,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 #bjac and shall remain in effect for the duration of the agency's participation under this part4 7#e7 ,review ,each local educational agency shall periodically review and1 as necessary1 revise its plan to reflect changes in the local educational agency's strategies and programs under this part4 7b7 ,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 remediation1 and to close the achievement gap between high- and low-performing children1 especially the achievement gaps between minority and nonminority students1 and between disadvantaged children and their more advantaged peers1 each local educational agency plan shall describe-- 7#a7 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-- 7,a7 developing and implementing a comprehensive program of instruction to meet the academic needs of all students2 7,b7 identifying quickly and effectively students who may be at risk for academic failure2 7,c7 providing additional educational assistance to individual students determined as needing help in meeting the ,state's challenging academic achievement standards2 7,d7 identifying significant gaps in student academic achievement between each category of students described in subclauses 7,i7 through 7,,iv7 of section #aaaa7;b77#b77;,b77viii7 and develop strategies to reduce such gaps in achievement2 and 7,e7 identifying and implementing effective methods and instructional strategies that are based on scientifically valid research intended to strengthen the core academic program of the school2 7#b7 how the local educational agency will monitor and evaluate the effectiveness of school programs in improving student academic achievement1 especially for students not meeting the ,state's challenging academic achievement standards2 7#c7 7,a7 how the local educational agency will meet the requirements of section #aaai regarding the qualifications of teachers and paraprofessionals2 and 7,b7 how the local educational agency1 through incentives for voluntary transfers1 recruitment programs1 incentive pay1 performance- or merit-based pay systems1 or other effective strategies1 will identify and address any disparities that result in low-income students and minority students being taught at higher rates than other students by ineffective1 out-of-field1 or inexperienced teachers2 7#d7 the actions the local educational agency will take to assist schools identified under section #aaad7;a77#a77;,b7 and other schools also determined by the local educational agency to be in need of assistance to improve student academic achievement1 and the funds used to conduct such actions2 7#e7 the programs to be conducted by such agency's schools under section #aaac1 and where appropriate1 educational services outside such schools for children living in local institutions for neglected or delinquent children1 and for neglected and delinquent children in community day school programs2 7#f7 the services the local educational agency will provide homeless children1 including services provided with funds reserved under section #aaac7;a77#c77;,c77i72 7#g7 the strategy the local educational agency will use to implement effective parental involvement under section #aaah2 7#h7 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 level1 including plans for the transition of participants in such programs to local elementary school programs1 and1 if appropriate1 a description of how the local educational agency will use funds under this part to support preschool programs for children1 particularly children participating in a ,head ,start program1 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 #fda of the ,head ,start ,act1 or another comparable public early childhood development program2 7#i7 how the local educational agency will coordinate programs and integrate services under this part with other ,federal1 ,state1 and local services and programs2 and 7#aj7 how teachers1 in consultation with parents1 administrators1 and pupil services personnel1 in targeted assistance schools under section #aaac1 will identify the eligible children most in need of services under this part4 7c7 ,assurances ,each local educational agency plan shall provide assurances that the local educational agency will-- 7#a7 ensure that the results from the academic assessments required under section #aaaa7;b77#b7 will be provided to parents and teachers as soon as is practicably possible after the test is taken2 7#b7 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 part2 7#c7 provide services to eligible children attending private elementary schools and secondary schools in accordance with section #aabj1 and timely and meaningful consultation with private school officials regarding such services2 and 7#d7 participate1 if selected1 in the ,national ,assessment of ,educational ,progress in #dth and #hth grade reading and mathematics carried out under section #cjc7;b77#b7 of the ,national ,assessment of ,educational ,progress ,authorization ,act4 7d7 ,schoolwide program plans ,in addition to the plan requirements described in subsection 7c71 for schools operating a schoolwide program under section #aaac7;b77#b71 the plan shall also include-- 7#a7 a description of schoolwide reform strategies that-- 7,a7 provide opportunities for all children to meet the ,state's challenging academic achievement standards under section #aaaa7;b72 7,b7 use effective methods and instructional strategies that are based on scientifically valid research that-- 7i7 strengthen the core academic program in the school2 and 7ii7 increase the amount and quality of learning time and help provide an enriched and accelerated curriculum2 and 7,c7 address the academic and other support needs of all children in the school2 7#b7 a list of ,state educational agency and local educational agency programs and other ,federal programs that will be consolidated in the schoolwide program2 and 7#c7 if appropriate1 a description of how funds will be used to establish or enhance prekindergarten programs for children below the age of #f4 7e7 ,targeted assistance school plans ,in addition to the plan requirements described in subsection 7c71 for schools operating a targeted assistance program under section #aaac7;b77#c71 the plan shall also include-- 7#a7 a description of-- 7,a7 the process for determining which students will be served and the students to be served2 7,b7 the assistance that will be provided to such students2 and 7,c7 how the activities supported under this part will be coordinated with and incorporated into the regular education program of the school2 and 7#b7 assurances that the school will-- 7,a7 help provide an accelerated1 high-quality curriculum2 7,b7 minimize removing children from the regular classroom during regular school hours for instruction provided under this part2 and 7,c7 on an ongoing basis1 review the progress of participating children and revise the plan under this section1 if necessary1 to provide additional assistance to enable such children to meet the ,state's challenging academic achievement standards4 7f7 ,parents right-to-,know 7#a7 ,teacher qualifications 7,a7 ,in general ,at the beginning of each school year1 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 request1 and the agency will provide the parents on request 7and in a timely manner71 information regarding the professional qualifications of the student's classroom teachers1 including1 at a minimum1 the following3 7i7 ,whether the teacher has met ,state qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction4 7ii7 ,whether the teacher is teaching under emergency or other provisional status through which ,state qualification or licensing criteria have been waived4 7iii7 ,whether the child is provided services by paraprofessionals and1 if so1 whether each such paraprofessional meets the qualifications required under section #aaai4 7,b7 ,additional information ,in addition to the information that parents may request under subparagraph 7,a71 a school that receives funds under this part shall provide to each individual parent-- 7i7 information on the level of achievement of the parent's child in each of the ,state academic assessments as required under this part2 and 7ii7 timely notice that the parent's child has been assigned1 or has been taught for #d or more consecutive weeks by1 a teacher who does not meet applicable ,state certification or licensure requirements4 7#b7 ,language instruction 7,a7 ,notice ,each local educational agency using funds under this part to provide a language instruction educational program as determined under title ,,iii shall1 not later than #cj days after the beginning of the school year1 inform a parent or parents of an ,english language learner identified for participation or participating in such a program of-- 7i7 the reasons for the identification of their child as an ,english language learner and in need of placement in a language instruction educational program2 7ii7 the child's level of ,english proficiency1 how such level was assessed1 and the status of the child's academic achievement2 7iii7 the methods of instruction used in the program in which their child is1 or will be participating1 and the methods of instruction used in other available programs1 including how such programs differ in content1 instructional goals1 and the use of ,english and a native language in instruction2 7iv7 how the program in which their child is1 or will be participating1 will meet the educational strengths and needs of their child2 7v7 how such program will specifically help their child learn ,english and meet age-appropriate academic achievement standards for grade promotion and graduation2 7vi7 the specific exit requirements for the program1 including the expected rate of transition from such program into classrooms that are not tailored for ,english language learners1 and the expected rate of graduation from secondary school for such program if funds under this part are used for children in secondary schools2 7vii7 in the case of a child with a disability1 how such program meets the objectives of the individualized education program of the child1 as described in section #fad7;a77#a77;,d7 of the ,individuals with ,disabilities ,education ,act2 and 7viii7 information pertaining to parental rights that includes written guidance-- 7,i7 detailing-- 7aa7 the right that parents have to have their child immediately removed from such program upon their request2 and 7bb7 the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction1 if available2 and 7,,ii7 assisting parents in selecting among various programs and methods of instruction1 if more than #a program or method is offered by the eligible entity4 7,b7 ,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 year1 the local educational agency shall notify the children's parents during the first #b weeks of the child being placed in a language instruction educational program consistent with subparagraph 7,a74 7,c7 ,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 children1 and be active participants in assisting their children to attain ,english proficiency1 achieve at high levels in core academic subjects1 and meet challenging ,state academic achievement standards and ,state academic content standards expected of all students1 including holding1 and sending notice of opportunities for1 regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this part4 7,d7 ,basis for admission or exclusion ,a student shall not be admitted to1 or excluded from1 any federally assisted education program on the basis of a surname or language-minority status4 7#c7 ,format ,the notice and information provided to parents under this subsection shall be in an understandable and uniform format and1 to the extent practicable1 provided in a language that the parents can understand4 #aaac4 ,eligible school attendance areas2 schoolwide programs2 targeted assistance programs 7a7 ,eligible school attendance areas 7#a7 ,determination 7,a7 ,in general ,a local educational agency shall use funds received under this part only in eligible school attendance areas4 7,b7 ,eligible school attendance areas ,in this part-- 7i7 the term school attendance area means1 in relation to a particular school1 the geographical area in which the children who are normally served by that school reside2 and 7ii7 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 whole4 7,c7 ,ranking order ,if funds allocated in accordance with paragraph 7#c7 are insufficient to serve all eligible school attendance areas1 a local educational agency shall-- 7i7 annually rank1 without regard to grade spans1 such agency's eligible school attendance areas in which the concentration of children from low-income families exceeds #ge percent from highest to lowest according to the percentage of children from low-income families2 and 7ii7 serve such eligible school attendance areas in rank order4 7,d7 ,remaining funds ,if funds remain after serving all eligible school attendance areas under subparagraph 7,c71 a local educational agency shall-- 7i7 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 families2 and 7ii7 serve such eligible school attendance areas in rank order either within each grade-span grouping or within the local educational agency as a whole4 7,e7 ,measures ,the local educational agency shall use the same measure of poverty1 which measure shall be the number of children ages #e through #ag in poverty counted in the most recent census data approved by the ,secretary1 the number of children eligible for a free or reduced priced lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act1 the number of children in families receiving assistance under the ,state program funded under part ,a of title ,,iv of the ,social ,security ,act1 or the number of children eligible to receive medical assistance under the ,medicaid program1 or a composite of such indicators1 with respect to all school attendance areas in the local educational agency-- 7i7 to identify eligible school attendance areas2 7ii7 to determine the ranking of each area2 and 7iii7 to determine allocations under paragraph 7#c74 7,f7 ,exception ,this subsection shall not apply to a local educational agency with a total enrollment of less than #a1jjj children4 7,g7 ,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 7#c7 and permit such agency to treat as eligible1 and serve1 any school that children attend with a ,state-ordered1 court-ordered school desegregation plan or a plan that continues to be implemented in accordance with a ,state-ordered or court-ordered desegregation plan1 if-- 7i7 the number of economically disadvantaged children enrolled in the school is at least #be percent of the school's total enrollment2 and 7ii7 the ,secretary determines on the basis of a written request from such agency and in accordance with such criteria as the ,secretary establishes1 that approval of that request would further the purposes of this part4 7#b7 ,local educational agency discretion 7,a7 ,in general ,notwithstanding paragraph 7#a77;,b71 a local educational agency may-- 7i7 designate as eligible any school attendance area or school in which at least #ce percent of the children are from low-income families2 7ii7 use funds received under this part in a school that is not in an eligible school attendance area1 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 agency2 7iii7 designate and serve a school attendance area or school that is not eligible under this section1 but that was eligible and that was served in the preceding fiscal year1 but only for #a additional fiscal year2 and 7iv7 elect not to serve an eligible school attendance area or eligible school that has a higher percentage of children from low-income families if-- 7,i7 the school meets the comparability requirements of section #aabj;,a7b72 7,,ii7 the school is receiving supplemental funds from other ,state or local sources that are spent according to the requirements of this section2 and 7,,iii7 the funds expended from such other sources equal or exceed the amount that would be provided under this part4 7,b7 ,special rule ,notwithstanding subparagraph 7,a77iv71 the number of children attending private elementary schools and secondary schools who are to receive services1 and the assistance such children are to receive under this part1 shall be determined without regard to whether the public school attendance area in which such children reside is assisted under subparagraph 7,a74 7#c7 ,allocations 7,a7 ,in general ,a local educational agency shall allocate funds received under this part to eligible school attendance areas or eligible schools1 identified under paragraphs 7#a7 and 7#b7 in rank order1 on the basis of the total number of children from low-income families in each area or school4 7,b7 ,special rule 7i7 ,in general ,except as provided in clause 7ii71 the per-pupil amount of funds allocated to each school attendance area or school under subparagraph 7,a7 shall be at least #abe 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 #aaab1 except that this clause shall not apply to a local educational agency that only serves schools in which the percentage of such children is #ce percent or greater4 7ii7 ,exception ,a local educational agency may reduce the amount of funds allocated under clause 7i7 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 section4 7,c7 ,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-- 7i7 homeless children who do not attend participating schools1 including providing educationally related support services to children in shelters and other locations where children may live2 7ii7 children in local institutions for neglected children2 and 7iii7 if appropriate1 children in local institutions for delinquent children1 and neglected or delinquent children in community day school programs4 7b7 ,schoolwide programs and targeted assistance schools 7#a7 ,in general ,for each school that will receive funds under this part1 the local educational agency shall determine whether the school operates as a schoolwide program consistent with paragraph 7#b7 or a targeted assistance school consistent with paragraph 7#c74 7#b7 ,schoolwide programs 7,a7 ,in general ,a local educational agency may consolidate and use funds under this part1 together with other ,federal1 ,state1 and local funds1 in order to upgrade the entire educational program of a school that serves an eligible school attendance area in which not less than #dj percent of the children are from low-income families1 or not less than #dj percent of the children enrolled in the school are from such families4 7,b7 ,identification of students not required 7i7 ,in general ,no school participating in a schoolwide program shall be required-- 7,i7 to identify particular children under this part as eligible to participate in a schoolwide program2 or 7,,ii7 to provide services to such children that are supplementary1 as otherwise required by section #aabj;,a7a74 7ii7 ,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 would1 in the absence of funds under this part1 be made available from non-,federal sources for the school1 including funds needed to provide services that are required by law for children with disabilities and children who are ,english language learners4 7,c7 ,exemption from statutory and regulatory requirements 7i7 ,exemption ,the ,secretary may1 through publication of a notice in the ,federal ,register1 exempt schoolwide programs under this section from statutory or regulatory provisions of any other noncompetitive formula grant program administered by the ,secretary 7other than formula or discretionary grant programs under the ,individuals with ,disabilities ,education ,act1 except as provided in section #fac7;a77#b77;,d7 of such ,act71 or any discretionary grant program administered by the ,secretary1 to support schoolwide programs if the intent and purposes of such other programs are met4 7ii7 ,requirements ,a school that chooses to use funds from such other programs shall not be relieved of the requirements relating to health1 safety1 civil rights1 student and parental participation and involvement1 services to private school children1 comparability of services1 uses of ,federal funds to supplement1 not supplant non-,federal funds1 or the distribution of funds to ,state educational agencies or local educational agencies that apply to the receipt of funds from such programs4 7iii7 ,records ,a school that consolidates and uses funds from different ,federal programs under this paragraph shall not be required to maintain separate fiscal accounting records1 by program1 that identify the specific activities supported by those particular funds as long as the school maintains records that demonstrate that the schoolwide program1 considered as a whole1 addresses the intent and purposes of each of the ,federal programs that were consolidated to support the schoolwide program4 7,d7 ,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 #f4 7#c7 ,targeted assistance schools 7,a7 ,in general ,in all schools selected to receive funds under subsection 7a77#c7 that are ineligible for a schoolwide program under paragraph 7#b71 or that choose not to operate such a schoolwide program1 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 7,b7 identified as having the greatest need for special assistance4 7,b7 ,eligible children 7i7 ,eligible population 7,i7 ,in general ,the eligible population for services under this section is-- 7aa7 children not older than age #ba who are entitled to a free public education through grade #ab2 and 7bb7 children who are not yet at a grade level at which the local educational agency provides a free public education4 7,,ii7 ,eligible children from eligible population ,from the population described in subclause 7,i71 eligible children are children identified by the school as failing1 or most at risk of failing1 to meet the ,state's challenging student academic achievement standards on the basis of multiple1 educationally related1 objective criteria established by the local educational agency and supplemented by the school4 7ii7 ,children included 7,i7 ,in general ,children who are economically disadvantaged1 children with disabilities1 migrant children1 or children who are ,english language learners1 are eligible for services under this part on the same basis as other children selected to receive services under this part4 7,,ii7 ,head start and preschool children ,a child who1 at any time in the #b years preceding the year for which the determination is made1 participated in a ,head ,start program1 or in preschool services under this title1 is eligible for services under this part4 7,,iii7 ,migrant children ,a child who1 at any time in the #b years preceding the year for which the determination is made1 received services under part ,c is eligible for services under this part4 7,,iv7 ,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 part4 7,v7 ,homeless children ,a child who is homeless and attending any school served by the local educational agency is eligible for services under this part4 7iii7 ,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 7ii7 but may be used to coordinate or supplement such services4 7,c7 ,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 efforts1 public school personnel who are paid with funds received under this part may-- 7i7 participate in general professional development and school planning activities2 and 7ii7 assume limited duties that are assigned to similar personnel who are not so paid1 including duties beyond classroom instruction or that do not benefit participating children1 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 school4 7,d7 ,special rules 7i7 ,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 needs1 in the same educational settings where appropriate4 7ii7 ,comprehensive services ,if health1 nutrition1 and other social services are not otherwise available to eligible children in a targeted assistance school and such school1 if appropriate1 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 services1 then a portion of the funds provided under this part may be used as a last resort to provide such services1 including-- 7,i7 the provision of basic medical equipment1 such as eyeglasses and hearing aids2 7,,ii7 compensation of a coordinator2 and 7,,iii7 professional development necessary to assist teachers1 pupil services personnel1 other staff1 and parents in identifying and meeting the comprehensive needs of eligible children4 #aaad4 ,school identification and assistance 7a7 ,state review and responsibilities 7#a7 ,in general ,each ,state educational agency receiving funds under this part shall use a system designed by the ,state in accordance with section #aaaa7;b77#c77;,a7 to annually-- 7,a7 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 ,state1 by using-- 7i7 the ,state academic assessments described in section #aaaa7;b77#b72 7ii7 secondary school graduation rates1 as appropriate2 and 7iii7 other indicators determined by the ,state2 and 7,b7 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 ,state4 7#b7 ,state educational agency responsibilities ,the ,state educational agency shall-- 7,a7 make technical assistance available to local educational agencies that serve schools identified under paragraph 7#a77;,b72 7,b7 if the ,state educational agency determines that a local educational agency failed to carry out its responsibilities under this section1 take such actions as the ,state educational agency determines to be appropriate and in compliance with ,state law2 and 7,c7 inform local educational agencies of schools identified under subparagraph 7#a77;,b7 in a timely manner that is before the beginning of the school year4 7b7 ,local educational agency review and responsibilities 7#a7 ,in general ,each local educational agency with a school identified under subsection 7a77#a77;,b7 shall1 in consultation with school personnel1 parents1 and the local community-- 7,a7 conduct a review of such school and student achievement data1 including data from the ,state assessments described in section #aaaa7;b77#b71 to determine the factors that led to such identification2 7,b7 conduct a review of the policies1 procedures1 personnel decisions1 and budgetary decisions of the local educational agency and the school that impact the school and could have contributed to the identification of the school2 7,c7 develop appropriate strategies1 as described under paragraph 7#c71 for assisting the identified school2 and 7,d7 develop a comprehensive plan for the successful implementation of the assistance strategies1 including-- 7i7 technical assistance that will be provided to the school2 7ii7 improved delivery of services to be provided by the local educational agency2 7iii7 curriculum1 program of instruction1 or other services provided to students in the school2 and 7iv7 any changes to personnel necessary to improve educational opportunities for children in the school4 7#b7 ,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 7a77#a77;,b7-- 7,a7 an explanation of what the identification means1 and how the school compares in terms of academic achievement to other schools served by the local educational agency and the ,state educational agency involved2 7,b7 the reasons for the identification2 7,c7 an explanation of what the local educational agency or ,state educational agency is doing to help the school address the student academic achievement problem1 including a description of the assistance strategies developed under paragraph 7#a77;,c7 that will be implemented in the school2 7,d7 an explanation of how the parents can become involved in addressing the academic achievement issues that caused the school to be identified2 and 7,e7 an explanation of the parents' option to transfer their child to another public school under paragraph 7#d71 if applicable4 7#c7 ,school assistance strategies 7,a7 ,in general ,consistent with subsection 7a77#a7 and paragraph 7#a71 a local educational agency shall develop assistance strategies for an identified school1 which may include1 among other strategies-- 7i7 replacing the principal who led the school before implementation of the strategy2 7ii7 screening and replacing teachers that are not effective in improving student achievement1 as determined by the ,state or local educational agency2 7iii7 giving the school sufficient operational flexibility in programming1 staffing1 budgeting1 and scheduling to fully implement a comprehensive strategy that is designed to substantially improve student achievement and1 if applicable1 increase the graduation rate2 7iv7 providing ongoing1 high-quality professional development to instructional staff that is aligned with the school's instructional program1 facilitates effective teaching and learning1 and supports the implementation of school turnaround model2 7v7 implementing strategies1 such as financial incentives1 increased opportunities for promotion and career growth1 and more flexible work conditions1 that are designed to recruit1 place1 and retain staff with the skills that are necessary to meet the needs of the students in the school2 7vi7 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 students2 7vii7 converting a school or closing and reopening the school-- 7,i7 under a charter school operator1 a charter management organization1 an education management organization1 as a magnet school1 or as an innovative school as defined under ,state law2 and 7,,ii7 enrolling in the school1 within the grades it serves1 any former student from the identified school who wishes to attend the school2 7viii7 closing a school and enrolling the students who attended that school in other schools of the local educational agency that are higher performing2 7ix7 adopting a new governance structure for the school2 and 7x7 any other strategies and activities that the local educational agency deems appropriate to address the needs of students in identified schools4 7,b7 ,state determined strategies ,consistent with ,state law1 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 7a77#a77;,b71 in addition to the assistance strategies developed by a local educational agency under subparagraph 7,a74 7#d7 ,public school choice 7,a7 ,in general ,in addition to the assistance strategies developed under paragraph 7#c77;,a71 a local educational agency may1 not later than #c months before the first day of the school year following identification under subsection 7a77#a77;,b71 provide all students enrolled in the identified school with the option to transfer to another public school served by the local educational agency1 unless such an option is prohibited by ,state law4 7,b7 ,priority ,in providing students the option to transfer to another public school1 the local educational agency shall give priority to the lowest achieving children from low-income families1 as determined by the local educational agency for the purposes of allocating funds to schools under section #aaac7;a77#c74 7,c7 ,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 school4 7,d7 ,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 school4 7,e7 ,provision of transportation 7i7 ,in general ,except as provided in clause 7ii71 a local educational agency shall provide1 or shall pay for the provision of1 transportation for a student who transfers under this paragraph to the public school to which the student transfers4 7ii7 ,exception ,the obligation of a local educational agency to provide1 or pay for the provision of1 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 7a77#a77;,b74 #aaae4 ,reserved #aaaf4 ,reserved #aaag4 ,reserved 2 and 7#b7 by striking section #aaai and inserting the following3 #aaai4 ,qualifications for teachers and paraprofessionals 7a7 ,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 requirements4 7b7 ,paraprofessionals 7#a7 ,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 #bjja 7,public ,law #ajg-aaj7 and working in a program supported with funds under this part have-- 7,a7 completed not less than #b years of study at an institution of higher education2 7,b7 obtained an associate's 7or higher7 degree2 or 7,c7 met a rigorous standard of quality and can demonstrate1 through a formal ,state or local academic assessment-- 7i7 knowledge of1 and the ability to assist in1 instructing1 reading1 writing1 and mathematics2 or 7ii7 knowledge of1 and the ability to assist in1 reading readiness1 writing readiness1 and mathematics readiness1 as appropriate4 7#b7 ,clarification ,the receipt of a secondary school diploma 7or its recognized equivalent7 shall be necessary but not sufficient to satisfy the requirements of paragraph 7#a77;,c74 7c7 ,exceptions for translation and parental involvement activities ,subsection 7b7 shall not apply to a paraprofessional-- 7#a7 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 translator2 or 7#b7 whose duties consist solely of conducting parental involvement activities consistent with section #aaah4 7d7 ,duties of paraprofessionals 7#a7 ,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 subsection4 7#b7 ,limitations ,a paraprofessional described in paragraph 7#a7 may only provide instructional service to a student under the direct supervision of a teacher or principal4 7#c7 ,responsibilities paraprofessionals may be assigned ,a paraprofessional described in paragraph 7#a7 may be assigned-- 7,a7 to provide one-on-one tutoring for eligible students1 if the tutoring is scheduled at a time when a student would not otherwise receive instruction from a teacher2 7,b7 to assist with classroom management1 such as organizing instructional and other materials2 7,c7 to provide assistance in a computer laboratory2 7,d7 to conduct parental involvement activities2 7,e7 to provide support in a library or media center2 7,f7 to act as a translator2 or 7,g7 to provide instructional services to students in accordance with paragraph 7#b74 4 #aje4 ,participation of children enrolled in private schools ,section #aabj7;a7 7#bj ,u4,s4,c4 #fcbj7;a77 is amended by striking paragraph 7#d7 and inserting the following3 7#d7 ,expenditures 7,a7 ,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 schools4 7,b7 ,term of determination ,the local educational agency may determine the equitable share each year or every #b years4 7,c7 ,method of determination ,the proportional share of funds shall be determined-- 7i7 based on the total allocation received by the local educational agency2 and 7ii7 prior to any allowable expenditures or transfers by the local educational agency4 4 #ajf4 ,title ,i funds follow the low-income child ,state option ,subpart #b of part ,a of title ,i 7#bj ,u4,s4,c4 #fcca et seq47 is amended by adding at the end the following3 #aabh4 ,title ,i funds follow the low-income child ,state option 7a7 ,in general ,notwithstanding any other provision of law and to the extent permitted under ,state law1 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 agency4 7b7 ,eligible child 7#a7 ,definition ,in this section1 the term eligible child means a child aged #e to #ag1 inclusive1 from a family with an income below the poverty level on the basis of the most recent satisfactory data published by the ,department of ,commerce4 7#b7 ,criteria of poverty ,in determining the families with incomes below the poverty level for the purposes of this section1 a ,state educational agency shall use the criteria of poverty used by the ,census ,bureau in compiling the most recent decennial census1 as the criteria have been updated by increases in the ,consumer ,price ,index for ,all ,urban ,consumers1 published by the ,bureau of ,labor ,statistics4 7c7 ,student enrollment in public schools 7#a7 ,identification of eligible children ,on an annual basis1 on a date to be determined by the ,state educational agency1 each local educational agency that receives grant funding in accordance with subsection 7a7 shall inform the ,state educational agency of the number of eligible children enrolled in public schools served by the local educational agency4 7#b7 ,allocation to local educational agencies ,based on the identification of eligible children in paragraph 7#a71 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 7#a74 7#c7 ,distribution to schools ,each local educational agency that receives funds under paragraph 7#b7 shall distribute such funds to the public schools served by the local educational agency-- 7,a7 based on the number of eligible children enrolled in such schools2 and 7,b7 in a manner that would1 in the absence of such ,federal funds1 supplement the funds made available from non-,federal resources for the education of pupils participating in programs under this part1 and not to supplant such funds4 4 #ajg4 ,academic assessments ,part ,b of title ,i 7#bj ,u4,s4,c4 #fcfa et seq47 is amended to read as follows3 ,b ,academic assessments #abja4 ,grants for ,state assessments and related activities ,the ,secretary shall make grants to ,states to enable the ,states to carry out the following3 7#a7 ,to pay the costs of the development of the additional ,state assessments and standards required by section #aaaa7;b71 which may include the costs of working in voluntary partnerships with other ,states1 at the sole discretion of each such ,state4 7#b7 ,if a ,state has developed the assessments required by section #aaaa7;b71 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 results1 such as the following3 7,a7 ,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 students1 including professional development activities to improve the implementation of such accommodations in instructional practice4 7,b7 ,developing or improving assessments for students with disabilities1 including the development of assessments-- 7i7 for all students1 including students with disabilities1 using the principles of universal design2 7ii7 aligned to modified ,state content standards2 and 7iii7 aligned to alternate ,state content standards for students with the most significant cognitive disabilities4 7,c7 ,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 #aaaa7;b74 7,d7 ,developing or improving assessments of ,english language proficiency necessary to comply with section #aaaa7;b77#b77;,b77vi77,,iv74 7,e7 ,ensuring the continued validity and reliability of ,state assessments4 7,f7 ,refining ,state assessments to ensure their continued alignment with the ,state's academic content standards and to improve the alignment of curricula and instructional materials4 #abjb4 ,grants for enhanced assessment instruments 7a7 ,grant program authorized 7#a7 ,in general ,from funds made available to carry out this part1 the ,secretary shall award1 on a competitive basis1 grants to ,state educational agencies to enable the agencies to carry out the activities described in this section4 7#b7 ,application ,a ,state educational agency that desires to receive a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7#c7 ,award of grants ,the ,secretary shall award grants to ,state educational agencies whose applications demonstrate1 to the satisfaction of the ,secretary1 that the following requirements of this section will be met3 7,a7 ,developing or improving assessments for students with disabilities1 including the development of assessments-- 7i7 for all students1 including students with disabilities1 using the principles of universal design2 7ii7 aligned to modified ,state content standards2 and 7iii7 aligned to alternate ,state content standards for students with the most significant cognitive disabilities4 7,b7 ,collaborating with institutions of higher education1 other research institutions1 or other organizations to improve the quality1 validity1 and reliability of ,state academic assessments4 7,c7 ,measuring student academic achievement using multiple measures of student academic achievement from multiple sources4 7,d7 ,measuring student progress or academic growth over time4 7,e7 ,evaluating student academic achievement through the development of comprehensive academic assessment instruments1 such as performance and technology-based academic assessments4 7,f7 ,developing or improving the quality1 validity1 and reliability of assessments for ,english language learners1 including alternative assessments aligned with ,state content standards1 testing accommodations for ,english language learners1 and assessments of ,english language proficiency4 7b7 ,annual report ,each ,state educational agency receiving a grant under this section shall submit an annual report to the ,secretary describing its activities1 and the result of those activities1 under the grant4 #abjc4 ,funding 7a7 ,allotment of appropriated funds 7#a7 ,in general ,from amounts made available for each fiscal year under subsection #ajjb7;b7 that are equal to or less than the amount described in section #aaaa7;b77#b77;,f7 7referred to in this subsection as the trigger amount71 the ,secretary shall-- 7,a7 reserve #a_/b of #a percent for the ,bureau of ,indian ,affairs2 7,b7 reserve #a_/b of #a percent for the outlying areas2 and 7,c7 from the remainder1 allocate to each ,state an amount equal to-- 7i7 #c1jjj1jjj2 and 7ii7 with respect to any amounts remaining after the allocation is made under clause 7i71 an amount that bears the same relationship to such total remaining amounts as the number of students ages #e through #ag in the ,state 7as determined by the ,secretary on the basis of the most recent satisfactory data7 bears to the total number of such students in all ,states4 7#b7 ,remainder ,any amounts remaining for a fiscal year after the ,secretary carries out paragraph 7#a7 shall be made available as follows3 7,a7 7i7 ,to award funds under section #abjb to ,states according to the quality1 needs1 and scope of the ,state application under that section4 7ii7 ,in determining the grant amount under clause 7i71 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 #e through #ag in the ,state 7as determined by the ,secretary on the basis of the most recent satisfactory data7 bears to the total number of such students in all ,states4 7,b7 ,any amounts remaining after the ,secretary awards funds under subparagraph 7,a7 shall be allocated to each ,state that did not receive a grant under such subparagraph1 in an amount that bears the same relationship to the total funds available under this subparagraph as the number of students ages #e through #ag in the ,state 7as determined by the ,secretary on the basis of the most recent satisfactory data7 bears to the total number of such students in all ,states4 7#c7 ,priority ,the ,secretary shall give priority to ,states that propose to conduct activities consistent with section #abjb7;a77#c77;,a74 7b7 ,state defined ,in this section1 the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 4 #ajh4 ,evaluations ,section #aeja 7#bj ,u4,s4,c4 #fdia7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking relative to the goal of all students reaching the proficient level of achievement based on ,state academic assessments1 challenging ,state academic content standards1 and challenging ,state student academic achievement standards under section #aaaa 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 remediation2 7ii7 by striking subparagraphs 7,d71 7,f71 and 7,g72 7iii7 by redesignating subparagraphs 7,e71 7,h71 7,i71 7,j71 7,k71 7,l71 7,m71 7,n71 and 7,o71 as subparagraphs 7,d71 7,e71 7,f71 7,g71 7,h71 7,i71 7,j71 7,k71 and 7,l71 respectively2 7iv7 in subparagraph 7,d71 as redesignated by clause 7iii7-- 7,i7 in clause 7iii71 by adding and after the semicolon2 7,,ii7 in clause 7iv71 by striking 2 and and inserting a period2 and 7,,iii7 by striking clause 7v72 7v7 by striking subparagraph 7,f71 as redesignated by clause 7iii71 and inserting the following3 7,f7 ,the extent to which actions authorized under section #aaad7;b7 are implemented by ,state educational agencies and local educational agencies to improve the academic achievement of students in low-performing schools1 and the effectiveness of such actions1 including the following3 7i7 ,the number of schools identified under section #aaad7;a77#a77;,b7 and the factors that lead to such identification4 7ii7 ,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 performance4 7iii7 ,if applicable1 the number of parents who take advantage of the public school choice provisions of this title1 the costs 7including transportation costs7 associated with implementing these provisions1 the implementation of these provisions1 and the impact of these provisions 7including the impact of attending another school7 on student achievement4 2 and 7vi7 in subparagraph 7,k71 as redesignated by clause 7iii71 by striking section #aaaa7;b77#b77;,c77v77,,ii7 and inserting subclauses 7,i7 through 7,,iv7 of section #aaaa7;b77#b77;,b77viii72 and 7,b7 in paragraph 7#f7-- 7i7 in subparagraph 7,a71 by striking the ,no ,child ,left ,behind ,act of #bjja and inserting the ,every ,child ,ready for ,college or ,career ,act of #bjac2 and 7ii7 in subparagraph 7,b71 by striking the ,no ,child ,left ,behind ,act of #bjja and inserting the ,every ,child ,ready for ,college or ,career ,act of #bjac2 and 7#b7 in subsection 7c77#b77;,e71 by striking section #aaaf and inserting section #aaad7;c74 #aji4 ,demonstrations of innovative practices ,part ,e of title ,i 7#bj ,u4,s4,c4 #fdia et seq47 is amended by striking sections #aejb through #aejd4 #aaj4 ,general provisions ,title ,i 7#bj ,u4,s4,c4 #fcja et seq47 is amended-- 7#a7 by striking parts ,f1 ,g1 and ,h2 7#b7 in section #aabj;,a1 by striking subsection 7a7 and redesignating subsections 7b71 7c71 and 7d71 as subsections 7a71 7b71 and 7c72 7#c7 by striking section #aijh2 7#d7 by redesignating part ,i as part ,f2 7#e7 by redesignating sections #aija through #aijg as sections #afja through #afjg2 and 7#f7 in section #afjd1 as redesignated by paragraph 7#e71 by striking #f local educational agencies and inserting #be local educational agencies both places the term appears4 #aaa4 ,national assessment of educational progress ,section #cje of the ,national ,assessment of ,educational ,progress ,authorization ,act 7#bj ,u4,s4,c4 #ifbd7 is amended-- 7#a7 by redesignating subsection 7b7 as subsection 7c72 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,state assessments ,for the purpose of administering the ,state assessments under this title1 there are authorized to be appropriated #gb1jjj1jjj for each of fiscal years #bjad through #bjah4 4 ,,ii ,high-quality teachers and principals #bja4 ,high-quality teachers and principals ,the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq47 is amended-- 7#a7 by redesignating subpart #e of part ,c of title ,,ii as subpart #c of part ,e of title ,,ix and moving that subpart to the end of part ,e of title ,,ix2 7#b7 by redesignating sections #bcfa through #bcfh as sections #ieda through #iedh1 respectively2 7#c7 by striking the subpart heading of subpart #c of part ,e of title ,,ix1 as redesignated by paragraph 7#a71 and inserting the following3 #c ,teacher liability protection 2 7#d7 in section #iedf7;b71 as redesignated by paragraph 7#b71 by striking the matter following paragraph 7#b7 and inserting the following3 7#c7 ,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 law4 2 7#e7 by redesignating subpart #d of part ,d of title ,,ii as subpart #d of part ,e of title ,,ix and moving that subpart to follow subpart #c of part ,e of title ,,ix1 as redesignated by paragraph 7#a72 7#f7 by redesignating section #bdda as section #ieea2 7#g7 by striking the subpart heading of subpart #d of part ,e of title ,,ix1 as redesignated by paragraph 7#e71 and inserting the following3 #d ,internet safety 2 and 7#h7 by striking title ,,ii and inserting the following3 ,,ii ,preparing1 training1 and recruiting high-quality teachers and principals #baja4 ,purpose ,the purpose of this title is to improve student academic achievement by-- 7#a7 increasing the capacity of local educational agencies1 schools1 teachers1 and principals to provide a well-rounded and complete education for all students2 7#b7 improving teacher and principal quality and effectiveness2 7#c7 increasing the number of teachers and principals who are effective in improving student academic achievement in schools2 and 7#d7 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 subjects4 #bajb4 ,definitions ,in this title3 7#a7 ,core academic subjects ,the term core academic subjects means ,english1 reading or language arts1 writing1 science1 technology1 engineering1 mathematics1 foreign languages1 civics and government1 economics1 arts1 history1 geography1 music1 and physical education4 7#b7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 #bajc4 ,authorization of appropriations 7a7 ,grants to ,states and local educational agencies ,there are authorized to be appropriated to carry out this title #c1jde1jeh1jjj for each of fiscal years #bjad through #bjah4 7b7 ,national activities ,from amounts appropriated under subsection 7a7 for each fiscal year1 the ,secretary shall reserve not more than #e percent to carry out activities authorized under section #bajh4 7c7 ,teacher incentive fund ,from amounts appropriated under subsection 7a7 for each fiscal year that remain after making the reservation under subsection 7b71 the ,secretary shall reserve not less than #aj percent to carry out activities authorized under part ,b4 ,a ,fund for the improvement of teaching and learning #bajd4 ,formula grants to ,states 7a7 ,reservation of funds ,from the total amount appropriated under section #bajc7;a7 for a fiscal year after the ,secretary makes the reservations under subsections 7b7 and 7c7 of section #bajc1 the ,secretary shall reserve-- 7#a7 #a_/b of #a percent for allotments for the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands1 to be distributed among those outlying areas on the basis of their relative need1 as determined by the ,secretary1 in accordance with the purpose of this part2 and 7#b7 #a_/b of #a percent for the ,secretary of the ,interior for programs under this part in schools operated or funded by the ,bureau of ,indian ,education4 7b7 ,state allotments 7#a7 ,in general ,from the funds appropriated under section #bajc7;a7 for a fiscal year that remains after the ,secretary makes the reservations under paragraphs 7#a7 and 7#b7 and subsections 7b7 and 7c7 of section #bajc1 the ,secretary shall allot to each ,state the sum of-- 7,a7 an amount that bears the same relationship to #bj percent of the remaining amount as the number of individuals age #e through #ag in the ,state1 as determined by the ,secretary on the basis of the most recent satisfactory data1 bears to the number of those individuals in all such ,states1 as so determined2 and 7,b7 an amount that bears the same relationship to #hj percent of the remaining amount as the number of individuals age #e through #ag from families with incomes below the poverty line1 in the ,state1 as determined by the ,secretary on the basis of the most recent satisfactory data1 bears to the number of those individuals in all such ,states1 as so determined4 7#b7 ,exceptions 7,a7 ,small ,state minimum ,no ,state receiving an allotment under paragraph 7#a7 may receive less than #a_/b of #a percent of the total remaining amount allotted under such paragraph for a fiscal year4 7,b7 ,reallotment ,if a ,state does not receive an allotment under this title for a fiscal year1 the ,secretary shall reallot the amount of the ,state's allotment to the remaining ,states in accordance with this section4 7c7 ,state use of funds 7#a7 ,in general ,each ,state that receives an allotment under this section shall reserve not less than #ie percent of the amount allotted to such ,state under subsection 7b71 for each fiscal year1 to make subgrants to local educational agencies as described in section #baje4 7#b7 ,state administration ,a ,state educational agency may use not more than #a percent of the amount allotted to such ,state under subsection 7b7 for the administrative costs of carrying out such ,state educational agency's responsibilities under this title4 7#c7 ,state activities ,the ,state educational agency for a ,state that receives an allotment under subsection 7a7 may use funds not reserved under paragraph 7#a7 to carry out the following activities1 which may be carried out through a grant or contract with a for-profit or nonprofit entity3 7,a7 ,reforming teacher and principal certification1 recertification1 licensing1 or tenure systems to ensure that-- 7i7 teachers have the necessary subject matter knowledge and teaching skills in the academic subjects that the teachers teach to help students meet challenging ,state standards2 7ii7 principals have the instructional leadership skills to help teachers teach and to help students meet challenging ,state standards2 and 7iii7 teacher certification or licensing requirements are aligned with challenging ,state standards4 7,b7 ,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 ,state4 7,c7 ,carrying out programs that establish1 expand1 or improve alternative routes for ,state certification of teachers and principals1 especially in the areas of mathematics and science1 for-- 7i7 highly qualified individuals with a bachelor's or master's degree2 7ii7 mid-career professionals from other occupations2 7iii7 paraprofessionals2 7iv7 former military personnel2 and 7v7 recent college or university graduates with records of academic distinction who demonstrate the potential to become highly effective teachers or principals4 7,d7 ,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 achievement4 7,e7 ,fulfilling the ,state educational agency's responsibilities concerning proper and efficient administration and monitoring of the programs carried out under this part1 including provision of technical assistance to local educational agencies4 7,f7 ,developing1 or assisting local educational agencies in developing-- 7i7 performance-based pay systems2 7ii7 strategies that provide differential and bonus pay for teachers in high-need academic subjects and teachers or principals in high-poverty schools and districts2 7iii7 teacher advancement initiatives that promote professional growth and emphasize multiple career paths and pay differentiation2 and 7iv7 new teacher and principal induction and mentoring programs that are designed to-- 7,i7 improve instruction and student learning and achievement2 and 7,,ii7 increase the retention of effective teachers and principals4 7,g7 ,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 standards1 and the development and support of school leadership academies to develop educational leaders4 7,h7 ,supporting efforts to train teachers and principals to effectively integrate technology into curricula and instruction4 7,i7 ,providing training1 technical assistance1 and capacity building to local educational agencies that receive a subgrant under this title4 7,j7 ,other activities identified by the ,state that meet the purpose of this part4 7d7 ,state plan 7#a7 ,in general ,in order to receive an allotment under this section for any fiscal year1 a ,state shall submit a plan to the ,secretary1 at such time1 in such manner1 and containing such information as the ,secretary may reasonably require4 7#b7 ,contents ,each plan described under paragraph 7#a7 shall include the following3 7,a7 ,a description of how the ,state educational agency will use funds received under this title for ,state-level activities described in subsection 7c74 7,b7 ,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 activities4 7,c7 ,an assurance that the ,state educational agency will work in consultation with the entity responsible for teacher professional standards1 certification1 and licensing1 to ensure that the ,state activities carried out under this subpart are carried out in conjunction with the entity responsible for such standards1 certification1 and licensing under ,state law4 #baje4 ,subgrants to local educational agencies 7a7 ,allocation of funds to local educational agencies 7#a7 ,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 #bajd7;c77#a7 to award subgrants to local educational agencies from allocations described in paragraph 7#b74 7#b7 ,allocation formula ,from the funds described in paragraph 7#a71 the ,state educational agency shall allocate to each of the eligible local educational agencies in the ,state for a fiscal year the sum of-- 7,a7 an amount that bears the same relationship to #bj percent of the funds for such fiscal year as the number of individuals age #e through #ag in the geographic area served by the agency1 as determined by the ,secretary on the basis of the most recent satisfactory data1 bears to the number of those individuals in the geographic areas served by all the local educational agencies in the ,state1 as so determined2 and 7,b7 an amount that bears the same relationship to #hj percent of the funds for such fiscal year as the number of individuals age #e through #ag from families with incomes below the poverty line in the geographic area served by the agency1 as determined by the ,secretary on the basis of the most recent satisfactory data1 bears to the number of those individuals in the geographic areas served by all the local educational agencies in the ,state1 as so determined4 7#c7 ,administrative costs ,of the amount received under paragraph 7#b71 a local educational agency may use not more than #b percent for the direct administrative costs of carrying out its responsibilities under this title4 7b7 ,local ,applications 7#a7 ,in general ,to be eligible to receive a subgrant under this section1 a local educational agency shall submit an application to the ,state educational agency at such time1 in such manner1 and containing such information as the ,state educational agency may reasonably require4 7#b7 ,needs assessment 7,a7 ,in general ,to be eligible to receive a subgrant under this subpart1 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 agency4 7,b7 ,requirements ,such needs assessment shall be designed to determine the schools with the most acute staffing needs related to-- 7i7 increasing the number of teachers and principals who are effective in improving student academic achievement2 7ii7 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 subjects2 7iii7 hiring1 retention1 and promotion2 7iv7 understanding and using data and assessments to improve student learning and classroom practice2 7v7 improving student behavior in the classroom and school1 including the identification of early and appropriate interventions2 and 7vi7 teaching students who are ,english language learners and students with disabilities4 7#c7 ,consultation 7,a7 ,in general ,in conducting a needs assessment as described in paragraph 7#b71 a local educational agency shall-- 7i7 involve teachers1 principals1 pupil services personnel1 parents1 community-based organizations1 and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this part2 and 7ii7 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 standards4 7,b7 ,continued consultation ,a local educational agency shall consult with such individuals and organizations described in subparagraph 7,a7 on an ongoing basis in order to-- 7i7 seek advice regarding how best to improve the local educational agency's activities to meet the purpose of this part2 and 7ii7 coordinate the local educational agency's activities under this part with other related strategies1 programs1 and activities being conducted in the community4 7#d7 ,contents ,each application submitted under this section shall be based on the results of the needs assessment required under paragraph 7#b7 and shall include the following3 7,a7 ,a description of the results of the comprehensive needs assessment carried out under paragraph 7#b74 7,b7 ,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 standards4 7,c7 ,an assurance that such activities will comply with the principles of effectiveness described in section #bajf7;b74 7,d7 ,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 7#b74 7,e7 ,a description of how the local educational agency will support efforts to train teachers and principals to effectively integrate technology into curricula and instruction4 7,f7 ,an assurance that the local educational agency will comply with section #ieja 7regarding participation by private school children and teachers74 7,g7 ,a description of how the local educational agency will prioritize funds to schools served by the agency that are identified under section #aaad7;a77#a77;,b7 and have the highest percentage or number of children counted under section #aabd7;c74 7,h7 ,an assurance that the local educational agency will coordinate professional development activities authorized under this subpart with professional development activities provided through other ,federal1 ,state1 and local programs4 #bajf4 ,local use of funds 7a7 ,in general ,a local educational agency that receives a subgrant under section #baje shall use the funds made available through the subgrant to develop1 implement1 and evaluate comprehensive programs and activities1 which may be carried out through a grant or contract with a for-profit or nonprofit entity1 that are in accordance with the purposes of this title and-- 7#a7 meet the needs identified in the needs assessment described in #baje7;b77#b72 7#b7 are consistent with the principles of effectiveness described in subsection 7b72 and 7#c7 may include1 among other programs and activities-- 7,a7 developing or improving a rigorous1 transparent1 and fair evaluation system for teachers and principals that shall be based in significant part on evidence of student achievement1 and may include student growth as a significant factor2 7,b7 developing and implementing initiatives to assist in recruiting1 hiring1 and retaining highly effective teachers and principals1 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 subjects1 including initiatives that provide-- 7i7 differential1 incentive1 or bonus pay for teachers in high-need academic subject areas and specialty areas2 7ii7 performance-based pay systems for teachers and principals2 7iii7 teacher advancement1 professional growth1 and emphasis on multiple career paths and pay differentiation2 and 7iv7 new teacher and principal induction and mentoring programs that are designed to improve instruction1 student learning and achievement1 and to increase teacher and principal retention2 7,c7 recruiting qualified individuals from other fields1 including mid-career professionals from other occupations1 former military personnel1 and recent graduates of an institution of higher education with a record of academic distinction who demonstrate potential to become effective teachers or principals2 7,d7 establishing1 improving1 or expanding model instructional programs in the core academic subjects to ensure that all children receive a well-rounded and complete education2 7,e7 providing high-quality professional development for teachers and principals focused on improving teaching and student learning and achievement in the core academic subjects1 including supporting efforts to train teachers and principals to effectively integrate technology into curricula and instruction2 7,f7 developing programs and activities that increase the ability of teachers to effectively teach students with disabilities1 including students with significant cognitive disabilities1 which may include the use of response to intervention and positive behavioral intervention and supports1 and students who are ,english language learners so that such students can meet the ,state's challenging academic content and student academic achievement standards2 7,g7 providing students with increased access to up-to-date school library materials1 a well-equipped1 technologically advanced school library media center1 and well-trained professionally certified school library media specialist2 7,h7 providing programs and activities to help students prepare for postsecondary level coursework in the core academic subjects1 including early college or dual enrollment programs1 ,advanced ,placement and ,international ,baccalaureate programs1 and other advanced learning programs1 including programs to meet the educational needs of gifted and talented students2 7,i7 providing programs that support extended learning opportunities in the core academic subjects1 including before and after school programs1 summer school programs1 and programs that extend the school day1 week1 or school-year calendar2 7,j7 providing general liability insurance coverage for the purchase by teachers related to actions performed in their scope of duties2 and 7,k7 carrying out other activities identified by the local educational agencies that meet the purpose of this part4 7b7 ,principles of effectiveness 7#a7 ,in general ,for a program or activity developed pursuant to this title to meet the principles of effectiveness1 such program or activity shall-- 7,a7 be based upon an assessment of objective data regarding the need for programs and activities in the schools to be served to-- 7i7 increase the number of teachers and principals who are effective in improving student academic achievement2 and 7ii7 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 subjects2 7,b7 be based upon an established set of performance measures aimed at ensuring that all students receive a high-quality education in the core academic subjects1 taught by effective teachers1 that result in improved student academic achievement in the school served by the program2 7,c7 reflect1 to the extent practicable1 scientifically valid research1 or in the absence of a strong research base1 reflect best practices in the field1 that provides evidence that the program or activity will improve student academic achievement in the core academic subjects2 and 7,d7 include meaningful and ongoing consultation with and input from teachers1 principals1 and parents1 in the development of the application and administration of the program or activity4 7#b7 ,periodic evaluation 7,a7 ,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 subjects1 taught by effective teachers1 that results in improved student academic achievement4 7,b7 ,use of results ,the results of evaluations described under subparagraph 7,a7 shall be-- 7i7 used to refine1 improve1 and strengthen the program or activity1 and to refine the performance measures2 and 7ii7 made available to the public upon request1 with public notice of such availability provided4 #bajg4 ,reporting 7a7 ,in general ,each ,state educational agency receiving funds under this title shall submit to the ,secretary a report that provides-- 7#a7 the number of teachers and principals in the ,state who are licensed and certified2 7#b7 the number of teachers in the ,state who are licensed and certified to teach in their field of study2 7#c7 the number of teachers and principals in the ,state who have received emergency licensure2 7#d7 the passage rate of teacher and principal licensure examinations2 and 7#e7 if applicable1 results of teacher and principal evaluation systems4 7b7 ,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 requires1 which shall include the information listed in subsection 7a74 7c7 ,availability ,the reports and information provided under subsections 7a7 and 7b7 shall be made readily available to the public4 #bajh4 ,national activities of demonstrated effectiveness 7a7 ,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 principals1 particularly in underserved areas4 7b7 ,technical assistance and national evaluation ,from the funds reserved by the ,secretary under section #bajc7;b7 to carry out this section1 the ,secretary may reserve not more than #bj percent to carry out directly or through grants and contracts-- 7#a7 technical assistance to ,states and local educational agencies carrying out activities under this part2 and 7#b7 national evaluations of activities carried out by ,states and local educational agencies under this part4 7c7 ,programs of national significance ,from the funds reserved by the ,secretary under section #bajc7;b71 and not reserved under subsection 7b71 the ,secretary shall award grants1 on a competitive basis1 to eligible entities for the purposes of-- 7#a7 providing teachers and school leaders from non-traditional preparation and certification routes to serve in traditionally underserved local education agencies2 7#b7 providing professional development activities that addresses literacy1 numeracy1 remedial1 or other needs of local education agencies and their students2 or 7#c7 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 means4 7d7 ,program periods and diversity of projects 7#a7 ,in general ,a grant awarded by the ,secretary to an eligible entity under this section shall be of sufficient size1 for a period of not more than #c years1 and may be renewed by the ,secretary for an additional #b year period4 7#b7 ,diversity of projects ,the ,secretary shall ensure that reach eligible entity will serve different areas1 including urban1 suburban1 and rural areas4 7#c7 ,limitation ,the ,secretary may not award more than one grant to an eligible entity during a grant period4 7e7 ,cost-,sharing 7#a7 ,in general ,an eligible entity that receives a grant under this section1 shall provide1 from non-,federal sources1 not less than #ej percent of the funds for the total cost for each year of activities carried out under this section4 7#b7 ,acceptable contributions ,an eligible entity that receives a grant under this section may meet the requirement of paragraph 7#a7 by providing contributions in cash or in kind1 fairly evaluated1 including plant1 equipment1 and services4 7#c7 ,waivers ,the ,secretary may waive or modify the requirement of paragraph 7#a7 in cases of demonstrated financial hardship4 7f7 ,applications ,in order to receive a grant under this section1 an eligible entity shall submit an application to the ,secretary in such time and in such manner that the ,secretary may require1 which shall include1 at a minimum1 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 parents4 7g7 ,definition of eligible entity ,in this section1 the term eligible entity means-- 7#a7 an institution of higher education1 as defined in section #ajb of the ,higher ,education ,act of #aife1 that provides course materials or resources that are research proven in increasing academic achievement2 or 7#b7 a national nonprofit or for-profit organization with a demonstrated track record of raising student academic achievement1 graduation rates1 and college-going rates4 #baji4 ,prohibition against ,federal mandates1 direction1 or control ,nothing in this title shall be construed to authorize the ,secretary or any other officer or employee of the ,federal ,government to mandate1 direct1 control1 or exercise any direction or supervision over a ,state1 local educational agency1 or school's instructional content or materials1 curriculum1 program of instruction1 academic content and student academic achievement standards1 or academic assessments4 #baaj4 ,supplement1 not supplant ,funds made available under this title shall be used to supplement1 and not supplant1 non-,federal funds that would otherwise be used for activities authorized under this title4 ,b ,teacher incentive fund #bbja4 ,purposes2 definitions 7a7 ,purposes ,the purposes of this part are-- 7#a7 to assist ,states1 local educational agencies1 and nonprofit organizations to develop1 implement1 improve1 or expand comprehensive performance-based compensation systems for teachers and principals1 especially for teachers and principals in high-need schools1 who raise student academic achievement and close the achievement gap2 and 7#b7 to study and review performance-based compensation systems for teachers and principals to evaluate the effectiveness1 fairness1 quality1 consistency1 and reliability of the systems4 7b7 ,definitions ,in this part3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a local educational agency or a consortium of local educational agencies1 including a charter school that is a local educational agency2 7,b7 a ,state educational agency1 or other ,state agency designated by the chief executive of a ,state to participate under this part2 or 7,c7 a partnership consisting of-- 7i7 one or more agencies described in subparagraph 7,a7 or 7,b72 and 7ii7 at least #a nonprofit or for-profit organization4 7#b7 ,high-need local educational agency ,the term high-need local educational agency means a local educational agency-- 7,a7 7i7 that serves not fewer than #aj1jjj children from families with incomes below the poverty line2 or 7ii7 for which not less than #bj percent of the children served by the agency are from families with incomes below the poverty line2 and 7,b7 7i7 for which there is a high percentage of teachers not teaching in the academic subjects or grade levels that the teachers were trained to teach2 or 7ii7 for which there is a high percentage of teachers with emergency1 provisional1 or temporary certification or licensing4 7#c7 ,high-need school ,the term high-need school means a school that-- 7,a7 is located in an area in which the percentage of students from families with incomes below the poverty line is #cj percent or more2 or 7,b7 7i7 has a high percentage of out-of-field teachers2 7ii7 is within the top quartile of elementary schools and secondary schools statewide1 as ranked by the number of unfilled1 available teaching positions at the schools2 7iii7 has a high teacher turnover rate2 or 7iv7 has a high percentage of teachers who are not certified or licensed4 7#d7 ,performance-based compensation system ,the term performance-based compensation system means a system of compensation for teachers and principals that-- 7,a7 differentiates levels of compensation primarily on the basis of measurable increases in student academic achievement2 and 7,b7 may include-- 7i7 differentiated levels of compensation on the basis of effective teachers' and principals' employment and success in hard-to-staff schools or high-need subject areas2 and 7ii7 recognition of the skills and knowledge of teachers and principals as demonstrated through-- 7,i7 successful fulfillment of additional responsibilities or job functions2 and 7,,ii7 evidence of high achievement and mastery of content knowledge and superior teaching skills4 #bbjb4 ,teacher incentive fund grants 7a7 ,in general ,from the amounts appropriated to carry out this part1 the ,secretary is authorized to award grants1 on a competitive basis1 to eligible entities to enable the eligible agencies to develop1 implement1 improve1 or expand a performance-based compensation system in a school served by a project under this part4 7b7 ,priority ,in awarding a grant under this part1 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 schools4 7c7 ,applications ,to be eligible to receive a grant under this part1 an eligible entity shall submit an application to the ,secretary1 at such time and in such manner as the ,secretary may reasonably require4 ,the application shall include-- 7#a7 a description of the performance-based compensation system that the eligible entity proposes to develop1 implement1 improve1 or expand2 7#b7 a description and evidence of the support and commitment1 from teachers and principals in the school to be served by the project1 the community1 and the local educational agency1 for the performance-based compensation system1 including a demonstration of consultation with teachers and principals on the development and implementation of the performance-based compensation system2 7#c7 a description of how the eligible entity will develop and implement a fair1 rigorous1 and objective process to evaluate teacher1 principal1 and student performance under the project1 including the baseline performance against which evaluations of improved performance will be made2 7#d7 a description of the local educational agency or school to be served by the project1 including such student academic achievement1 demographic1 and socioeconomic information as the ,secretary may request2 7#e7 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 school2 7#f7 a description of how the eligible entity will use grant funds under this part in each year of the grant2 7#g7 a description of how the eligible entity will continue the performance-based compensation system assisted under the grant after the grant ends2 7#h7 a description1 if applicable1 of how the eligible entity will define effective for the purposes of section #bbja7;b77#d77;,b77i71 through the use of measurable indicators1 that are based in significant part on measures of student academic achievement2 and 7#i7 a description of the ,state1 local1 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 period4 7d7 ,use of funds 7#a7 ,in general ,an eligible entity that receives a grant under this part shall use the grant funds to develop1 implement1 improve1 or expand1 in collaboration with teachers1 principals1 other school administrators1 and members of the public1 a performance-based compensation system consistent with this part4 7#b7 ,authorized activities ,grant funds under this part may be used for the following3 7,a7 ,developing appraisal systems that reflect clear and fair measures of teacher and principal performance based on demonstrated improvements in student academic achievement4 7,b7 ,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 system4 7,c7 ,paying1 as part of a comprehensive performance-based compensation system1 bonuses and increased salaries1 if the eligible entity uses an increasing share of non-,federal funds to pay the bonuses and increased salaries each year of the grant1 to-- 7i7 teachers and principals who raise student academic achievement2 7ii7 teachers who-- 7,i7 raise student academic achievement2 and 7,,ii7 7aa7 teach in high-need schools2 or 7bb7 teach subjects that are difficult to staff2 or 7iii7 principals who raise student academic achievement in the school and serve in high-need schools4 7e7 ,duration of grants 7#a7 ,in general ,the ,secretary may award a grant under this part for a period of not more than #e years4 7#b7 ,limitation ,a local educational agency may receive 7whether individually or as part of a consortium or partnership7 a grant under this part only once4 7f7 ,equitable distribution ,to the extent practicable1 the ,secretary shall ensure an equitable geographic distribution of grants under this part4 7g7 ,matching requirement ,each eligible entity that receives a grant under this part shall provide1 from non-,federal sources1 an amount equal to #ej percent of the amount of the grant 7which may be provided in cash or in-kind7 to carry out the activities supported by the grant4 7h7 ,supplement1 not supplant ,grant funds provided under this part shall be used to supplement1 not supplant1 other ,federal or ,state funds available to carry out activities described in this part4 #bbjc4 ,reports and evaluations 7a7 ,activities summary ,each eligible entity receiving a grant under this part shall provide to the ,secretary a summary of the activities assisted under the grant4 7b7 ,report ,the ,secretary shall provide to ,congress an annual report on the implementation of the program assisted under this part1 including-- 7#a7 information on eligible entities that received grant funds under this part1 including-- 7,a7 information provided by eligible entities to the ,secretary in the applications submitted under section #bbjb7;c72 7,b7 the summaries received under subsection 7a72 and 7,c7 grant award amounts2 7#b7 student academic achievement data2 and 7#c7 such other information as the ,secretary may include4 7c7 ,evaluation 7#a7 ,in general ,the ,secretary shall1 through a grant or contract1 carry out an independent evaluation to measure the effectiveness of the program assisted under this part4 7#b7 ,contents ,the evaluation under paragraph 7#a7 shall measure-- 7,a7 the effectiveness of the program in improving student academic achievement2 7,b7 the satisfaction of the participating teachers or principals2 and 7,c7 the extent to which the program assisted the eligible entities in recruiting and retaining high-quality teachers and principals1 especially in hard-to-staff subject areas4 #bbjd4 ,reservation of funds ,of the total amount reserved under section #bajc7;c7 for this part for a fiscal year1 the ,secretary may reserve for such fiscal year not more than #a percent for the cost of the evaluation under section #bbjc7;c7 and for technical assistance in carrying out this part4 4 ,,iii ,safe and healthy students #cja4 ,general provisions ,the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq47 is amended-- 7#a7 in title ,,iv 7#bj ,u4,s4,c4 #gaja et seq47-- 7,a7 by redesignating subpart #c of part ,a as subpart #e of part ,e of title ,,ix and moving that subpart to follow subpart #d of part ,e of title ,,ix1 as redesignated by section #bja of this ,act2 7,b7 by redesignating section #dada as section #iefa2 7,c7 by redesignating section #daee as section #iecg and moving that section so as to follow section #iecf2 7,d7 by redesignating part ,c as subpart #f of part ,e of title ,,ix and moving that subpart to follow subpart #e of part ,e of title ,,ix1 as redesignated by subparagraph 7,a72 and 7,e7 by redesignating sections #dcja1 #dcjb1 #dcjc1 and #dcjd1 as sections #iega1 #iegb1 #iegc1 and #iegd1 respectively2 and 7#b7 by striking title ,,iv 7#bj ,u4,s4,c4 #gaja et seq47 and inserting the following3 ,,iv ,safe and healthy students #daja4 ,purpose ,the purpose of this title is to improve students' safety1 health1 and well-being during and after the school day by-- 7#a7 increasing the capacity of local educational agencies1 schools1 and local communities to create safe1 healthy1 supportive1 and drug-free environments2 7#b7 carrying out programs designed to improve school safety and promote students' physical and mental health well-being1 healthy eating and nutrition1 and physical fitness2 7#c7 preventing and reducing substance abuse1 school violence1 and bullying2 and 7#d7 strengthening parent and community engagement to ensure a healthy1 safe1 and supportive school environment4 #dajb4 ,definitions ,in this title3 7#a7 ,controlled substance ,the term controlled substance means a drug or other substance identified under ,schedule ,i1 ,,ii1 ,,iii1 ,,iv1 or ,v in section #bjb7;c7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hab7;c774 7#b7 ,drug ,the term drug includes controlled substances1 the illegal use of alcohol or tobacco1 and the harmful1 abusive1 or addictive use of substances1 including inhalants and anabolic steroids4 7#c7 ,drug and violence prevention ,the term drug and violence prevention means-- 7,a7 with respect to drugs1 prevention1 early intervention1 rehabilitation referral1 or education related to the illegal use of drugs2 and 7,b7 with respect to violence1 the promotion of school safety1 such that students and school personnel are free from violent and disruptive acts1 including sexual harassment and abuse1 and victimization associated with prejudice and intolerance1 on school premises1 going to and from school1 and at school-sponsored activities1 though the creation and maintenance of a school environment that is free of weapons and fosters individual responsibility and respect for the rights of others4 7#d7 ,school-based mental health services provider ,the term school-based mental health services provider includes a ,state licensed or ,state certified school counselor1 school psychologist1 school social worker1 or other ,state licensed or certified mental health professional qualified under ,state law to provide such services to children and adolescents4 7#e7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 #dajc4 ,formula grants to ,states 7a7 ,reservations ,from the total amount appropriated under section #dajh for a fiscal year1 the ,secretary shall reserve-- 7#a7 not more than #a percent for national activities1 which the ,secretary may carry out directly or through grants and contracts1 such as providing technical assistance to ,states and local educational agencies carrying out activities under this title or conducting a national evaluation2 7#b7 #a_/b of #a percent for allotments for the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands1 to be distributed among those outlying areas on the basis of their relative need1 as determined by the ,secretary1 in accordance with the purpose of this title2 and 7#c7 #a_/b of #a percent for the ,secretary of the ,interior for programs under this title in schools operated or funded by the ,bureau of ,indian ,education4 7b7 ,state allotments 7#a7 ,allotment 7,a7 ,in general ,in accordance with subparagraph 7,b71 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 7a74 7,b7 ,determination of ,state allotment amounts ,subject to paragraph 7#b71 the ,secretary shall allot the amount made available under subparagraph 7,a7 for a fiscal year among the ,states in proportion to the number of children1 aged #e to #ag1 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 available1 compared to the number of such individuals who reside in all such ,states for that fiscal year4 7#b7 ,small ,state minimum ,no ,state receiving an allotment under paragraph 7#a7 may receive less than #a_/b of #a percent of the total amount allotted under such paragraph4 7#c7 ,reallotment ,if a ,state does not receive an allotment under this title for a fiscal year1 the ,secretary shall reallot the amount of the ,state's allotment to the remaining ,states in accordance with this section4 7c7 ,state use of funds 7#a7 ,in general ,each ,state that receives an allotment under this section shall reserve not less than #ih percent of the amount allotted to such ,state under subsection 7b71 for each fiscal year for subgrants to local educational agencies under section #dajd4 7#b7 ,state administration ,a ,state educational agency may use not more than #a percent of the amount made available to the ,state under subsection 7b7 for the administrative costs of carrying out its responsibilities under this title4 7#c7 ,state activities ,a ,state educational agency may use the amount made available to the ,state under subsection 7b7 and not reserved under paragraph 7#a7 for the following activities3 7,a7 ,providing training1 technical assistance1 and capacity building to local educational agencies that are recipients of awards under this title4 7,b7 ,other activities identified by the ,state that meet the purpose of this title4 7d7 ,state plan 7#a7 ,in general ,in order to receive an allotment under this section for any fiscal year1 a ,state shall submit a plan to the ,secretary1 at such time and in such manner as the ,secretary may reasonably require4 7#b7 ,contents ,each plan submitted by a ,state under this section shall include the following3 7,a7 ,a description of how the ,state educational agency will use funds received under this title for ,state-level activities4 7,b7 ,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 activities4 #dajd4 ,subgrants to local educational agencies 7a7 ,allocations to local educational agencies 7#a7 ,in general ,a ,state that receives an allotment under this title for a fiscal year shall provide the amount made available under section #dajc7;c77#a7 for subgrants to local educational agencies in accordance with this section4 7#b7 ,funds to local educational agencies ,from the funds reserved by a ,state under section #dajc7;c77#a71 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 #e to #ag from families with incomes below the poverty line in the geographic area served by the agency1 as determined by the ,secretary on the basis of the most recent satisfactory data1 bears to the number of such individuals in the geographic areas served by all the local educational agencies in the ,state1 as so determined4 7#c7 ,administrative costs ,of the amount received under paragraph 7#b71 a local educational agency may use not more than #b percent for the direct administrative costs of carrying out its responsibilities under this title4 7b7 ,local applications 7#a7 ,in general ,to be eligible to receive a subgrant under this section1 a local educational agency shall submit an application to the ,state educational agency at such time1 in such manner1 and containing such information as the ,state educational agency may reasonably require4 7#b7 ,consultation 7,a7 ,in general ,a local educational agency shall conduct a needs assessment described in paragraph 7#c71 and develop its application1 through consultation with parents1 teachers1 principals1 pupil services personnel1 students1 community-based organizations1 local government representatives1 and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this title4 7,b7 ,continued consultation ,on an ongoing basis1 the local educational agency shall consult with the individuals and organizations described in subparagraph 7,a7 in order to seek advice regarding how best-- 7i7 to improve the local educational agency's activities in order to meet the purpose of this title2 and 7ii7 to coordinate such agency's activities under this title with other related strategies1 programs1 and activities being conducted in the community4 7#c7 ,needs assessment 7,a7 ,in general ,to be eligible to receive a subgrant under this section1 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 agency4 7,b7 ,requirements ,the needs assessment required under subparagraph 7,a7 shall take into account risk factors of the community1 school1 family1 or peer-individual domains that are known1 through prospective1 longitudinal research efforts1 to be predictive of drug use1 violent behavior1 and the physical and mental health and well-being of youth in the school and community4 7#d7 ,contents ,each application submitted under this subsection shall be based on the needs assessment described in paragraph 7#c7 and shall include the following3 7,a7 ,the results of the needs assessment described in paragraph 7#c7 and an identification of each school that will be served by a subgrant under this section4 7,b7 ,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 7#c74 7,c7 ,a description of the performance indicators that will be used to evaluate the effectiveness of the activities carried out under this section4 7,d7 ,an assurance that the activities will comply with the principles of effectiveness described in section #daje7;b71 and foster a healthy1 safe1 and supportive school environment that improves students' safety1 health1 and well-being during and after the school day4 7,e7 ,an assurance that the local educational agency will prioritize funds to schools served by the local educational agency that-- 7i7 are among the schools with the greatest needs as identified through the needs assessment conducted under paragraph 7#c72 7ii7 have the highest percentages or numbers of children counted under section #aabd7;c72 7iii7 are identified for improvement under section #aaad2 or 7iv7 are identified as a persistently dangerous public elementary school or secondary school under section #iecb4 7,f7 ,an assurance that the local educational agency will comply with section #ieja 7regarding participation by private school children and teachers74 #daje4 ,local educational agency authorized activities 7a7 ,local educational agency activities ,a local educational agency that receives a subgrant under section #dajd shall use the subgrant funds to develop1 implement1 and evaluate comprehensive programs and activities1 which are coordinated with other schools and community-based services and programs1 that are in accordance with the purpose of this title and-- 7#a7 foster safe1 healthy1 supportive1 and drug-free environments that support student academic achievement2 7#b7 are consistent with the principles of effectiveness described in subsection 7b72 7#c7 promote the involvement of parents in the activity or program2 and 7#d7 may include1 among other programs and activities-- 7,a7 drug and violence prevention activities and programs1 including professional development and training for school and pupil services personnel1 and interested community members in prevention1 education1 early identification1 and intervention mentoring1 or rehabilitation referral1 as related to drug and violence prevention2 7,b7 before and after school programs and activities1 including during summer recess periods1 and programs to extend the school day1 week1 or school-year calendar2 7,c7 school-based mental health services1 including early identification of drug use and violence1 and direct individual or group counseling services provided by qualified school-based mental health services providers2 7,d7 emergency intervention services following traumatic crisis events2 7,e7 programs that train school personnel to identify warning signs of youth suicide2 7,f7 mentoring programs and activities for children who are at risk of academic failure1 dropping out of school1 or involvement in criminal or delinquent activities1 or who lack strong positive role models2 7,g7 elementary school and secondary school counseling programs2 7,h7 programs or activities that support a healthy1 active lifestyle1 including nutritional education and regular1 structured physical education programs for elementary school and secondary school students2 7,i7 implementation of schoolwide positive behavioral interventions and supports1 including through coordination with similar activities carried out under the ,individuals with ,disabilities ,education ,act2 and 7,j7 other activities and programs identified as necessary by the local educational agency through the needs assessment conducted under section #dajd7;b77#c7 that meet the purpose of this title4 7b7 ,principles of effectiveness 7#a7 ,in general ,for a program or activity developed pursuant to this title to meet the principles of effectiveness1 such program or activity shall-- 7,a7 be based upon an assessment of objective data regarding the need for programs and activities in the elementary schools and secondary schools and communities to be served to-- 7i7 improve school safety and promote students' physical and mental health well-being1 healthy eating and nutrition1 and physical fitness2 and 7ii7 strengthen parent and community engagement to ensure a healthy1 safe1 and supportive school environment2 7,b7 be based upon an established set of performance measures aimed at ensuring a healthy1 safe1 and supportive school environment for students in the elementary schools and secondary schools and communities to be served by the program2 7,c7 reflect1 to the extent practicable1 scientifically valid research1 or in the absence of a strong research base1 reflect best practices in the field1 that provides evidence that the program or activity will provide students a healthy1 safe1 and supportive school environment2 and 7,d7 include meaningful and ongoing consultation with and input from parents in the development of the application and administration of the program or activity4 7#b7 ,periodic evaluation 7,a7 ,in general ,the program or activity shall undergo a periodic evaluation to assess its progress toward achieving its goal of providing students a healthy1 safe1 and supportive school environment that promotes school safety and students' physical and mental health and well-being1 healthy eating and nutrition1 and physical fitness4 7,b7 ,use of results ,the results of evaluations under subparagraph 7,a7 shall be-- 7i7 used to refine1 improve1 and strengthen the program or activity1 and to refine the performance measures2 and 7ii7 made available to the public upon request1 with public notice of such availability provided4 #dajf4 ,supplement1 not supplant ,funds made available under this title shall be used to supplement1 and not supplant1 non-,federal funds that would otherwise be used for activities authorized under this title4 #dajg4 ,prohibited use of funds ,no funds under this title may be used for-- 7#a7 construction2 or 7#b7 medical services1 drug treatment or rehabilitation1 except for pupil services or referral to treatment for students who are victims of1 or witnesses to1 crime or who illegally use drugs4 #dajh4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this title #a1cgb1fbg1jjj for each of fiscal years #bjad through #bjah4 4 ,,iv ,empowering parents through quality charter schools #dja4 ,purpose ,section #ebja 7#bj ,u4,s4,c4 #gbba7 is amended to read as follows3 #ebja4 ,purpose ,it is the purpose of this subpart to-- 7#a7 provide financial assistance for the planning1 program design1 and initial implementation of charter schools2 7#b7 expand the number of high-quality charter schools available to students across the ,nation2 7#c7 evaluate the impact of such schools on student achievement1 families1 and communities1 and share best practices between charter schools and other public schools2 7#d7 encourage ,states to provide support to charter schools for facilities financing in an amount more nearly commensurate to the amount the ,states have typically provided for traditional public schools2 7#e7 improve student services to increase opportunities for students who are children with disabilities1 ,english language learners1 and other traditionally underserved students to attend charter schools and meet challenging ,state academic achievement standards2 and 7#f7 support efforts to strengthen the charter school authorizing process to improve performance management1 including transparency1 monitoring1 and evaluation of such schools4 4 #djb4 ,program authorized ,section #ebjb 7#bj ,u4,s4,c4 #gbba;a7 is amended to read as follows3 #ebjb4 ,program authorized 7a7 ,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-- 7#a7 supporting the startup1 replication1 and expansion of charter schools2 7#b7 assisting charter schools in accessing credit to acquire and renovate facilities for school use2 and 7#c7 carrying out national activities to support-- 7,a7 charter school development2 7,b7 the dissemination of best practices of charter schools for all schools2 and 7,c7 the evaluation of the impact of the program on schools participating in the charter school program4 7b7 ,funding allotment ,from the amount made available under section #ebaa for a fiscal year1 the ,secretary shall-- 7#a7 reserve #ae percent to support charter school facilities assistance under section #ebjd2 7#b7 reserve not more than #e percent to carry out national activities under section #ebje2 and 7#c7 use the remaining amount after the reservations under paragraphs 7#a7 and 7#b7 to carry out section #ebjc4 7c7 ,prior grants and subgrants ,the recipient of a grant or subgrant under this subpart1 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 #bjac1 shall continue to receive funds in accordance with the terms and conditions of such grant or subgrant4 4 #djc4 ,grants to support high-quality charter schools ,section #ebjc 7#bj ,u4,s4,c4 #gbba;b7 is amended to read as follows3 #ebjc4 ,grants to support high-quality charter schools 7a7 ,definitions ,in this section3 7#a7 ,charter management organization ,the term charter management organization means a nonprofit organization that operates1 manages1 or oversees multiple charter schools by centralizing or sharing certain functions and resources among schools1 or a group or consortium of such organizations4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state entity2 7,b7 an authorized public chartering agency2 7,c7 a local educational agency2 or 7,d7 a charter management organization4 7#c7 ,state entity ,the term ,state entity means-- 7,a7 a ,state educational agency2 7,b7 a ,state charter school board2 7,c7 a ,governor of a ,state2 or 7,d7 a charter support organization4 7b7 ,program authorized ,from the amount available under section #ebjb7;b77#c71 the ,secretary shall award grants1 on a competitive basis1 to eligible entities to enable-- 7#a7 eligible entities described in subparagraph 7,a71 7,b71 or 7,c7 of subsection 7a77#b7 to-- 7,a7 award subgrants to eligible applicants-- 7i7 to open new charter schools2 7ii7 to open replicable1 high-quality charter school models2 or 7iii7 to expand high-quality charter schools2 and 7,b7 provide technical assistance to eligible applicants and authorized public chartering agencies in carrying out the activities described in subparagraph 7,a7 and work with authorized public chartering agencies in the ,state to improve authorizing quality2 or 7#b7 eligible entities described in subparagraph 7,b71 7,c71 or 7,d7 of subsection 7a77#b7 to open new charter schools1 to open replicable high-quality charter school models1 or to expand high-quality charter schools1 which may include-- 7,a7 supporting the physical expansion of charter school buildings1 including financing the development of new buildings and campuses to meet increased enrollment needs2 7,b7 paying costs associated with hiring additional teachers to serve additional students2 7,c7 providing transportation to students to and from the charter school2 7,d7 purchasing instructional materials1 implementing teacher and principal professional development programs1 and hiring additional non-teaching staff2 and 7,e7 supporting any necessary activities associated with the charter school carrying out the purpose of this section4 7c7 ,uses of funds 7#a7 ,special rule for subgranting entities ,an eligible entity receiving a grant under subsection 7b77#a7 shall-- 7,a7 use #ij percent of the grant funds to carry out subsection 7b77#a77;,a71 in accordance with the quality charter school program described in the entity's application approved pursuant to subsection 7f72 and 7,b7 reserve #aj percent of such funds to carry out the activities described in subsection 7b77#a77;,b71 of which not more than #cj percent may be used for administrative costs which may include technical assistance4 7#b7 ,contracts and grants ,an eligible entity may use a grant received under this section to carry out the activities described in subsection 7b7 directly or through grants1 contracts1 or cooperative agreements4 7d7 ,program periods2 peer review2 diversity of projects 7#a7 ,program periods 7,a7 ,grants ,a grant awarded by the ,secretary to an eligible entity under this section shall be for a period of not more than #c years1 and may be renewed by the ,secretary for #a additional #b-year period4 7,b7 ,subgrants ,a subgrant awarded by an eligible entity under this section shall be for a period of not more than #c years1 of which an eligible applicant may use not more than #ah months for planning and program design4 ,an eligible entity may renew a subgrant for #a additional #b-year period4 7#b7 ,peer review ,the ,secretary1 and each eligible entity awarding subgrants under this section1 shall use a peer review process to review applications for assistance under this section4 7#c7 ,diversity of projects ,each eligible entity awarding subgrants under this section shall award subgrants in a manner that1 to the extent practicable and applicable1 ensures that such subgrants-- 7,a7 are distributed throughout different areas1 including urban1 suburban1 and rural areas2 and 7,b7 will assist charter schools representing a variety of educational approaches4 7e7 ,limitations 7#a7 ,grants ,an eligible entity may not receive more than #a grant under this section at a time1 unless the eligible entity demonstrates to the ,secretary that1 for each charter school supported under the first grant1 the education results have improved in the areas described in subparagraphs 7,a7 and 7,d7 of section #ebaj7g74 7#b7 ,subgrants ,an eligible applicant may not receive more than #a subgrant under this section per charter school for each grant period or renewal period4 7f7 ,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 require4 ,the application shall include the following3 7#a7 ,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 out1 including-- 7,a7 a description of how the entity will-- 7i7 support both new charter school startup and the expansion and replication of high-quality charter school models2 7ii7 work with charter schools to promote inclusion of all students and support all students upon enrollment to promote retention2 7iii7 work with charter schools on recruitment practices1 including efforts to engage groups that may otherwise have limited opportunities to participate in charter schools2 7iv7 share best and promising practices between charter schools and other public schools2 7v7 ensure the charter schools the eligible entity supports can meet the educational needs of their students1 including students who are children with disabilities and ,english language learners2 and 7vi7 support efforts to increase quality initiatives1 including meeting the quality authorizing elements described in paragraph 7#b77;,d77ii72 7,b7 in the case of any eligible entity that will be awarding subgrants under subsection 7b77#a77;,a71 a description of how the entity will-- 7i7 inform eligible charter schools1 developers1 authorized public chartering agencies1 and other entities of the availability of funds under the program2 7ii7 work with eligible applicants to ensure that the applicants access all ,federal funds that they are eligible to receive1 and help the charter schools supported by the applicants and the students attending the charter schools-- 7,i7 participate in the ,federal programs in which the schools and students are eligible to participate2 and 7,,ii7 receive the commensurate share of ,federal funds the schools and students are eligible to receive under such programs2 7iii7 ensure eligible applicants that receive a subgrant under the entity's program are prepared to continue to operate the charter schools receiving the subgrant funds once the funds have expired2 7iv7 support charter schools in local educational agencies with large numbers of schools identified by the ,state under section #aaad7;a77#a77;,b72 and 7v7 carry out the subgrant competition1 including-- 7,i7 a description of the application each eligible applicant desiring to receive a subgrant will submit1 which application shall include-- 7aa7 a description of the roles and responsibilities of eligible applicants1 partner organizations1 and charter management organizations1 including the administrative and contractual roles and responsibilities2 and 7bb7 a description of the quality controls agreed to between the eligible applicant and the authorized public chartering agency involved1 such as a contract or performance agreement1 and how a school's performance on the ,state's academic accountability system will be a primary factor for renewal2 and 7,,ii7 a description of how the entity will review applications2 7,c7 except in the case of an eligible entity described in subsection 7a77#c77;,a71 a description of how the entity-- 7i7 will work with the ,state educational agency and the charter schools in the ,state to maximize charter school participation in ,federal and ,state programs for charter schools2 and 7ii7 will work with the ,state educational agency to adequately operate the entity's program under this section1 where applicable2 7,d7 in the case of an eligible entity that is a ,state entity1 a description of the extent to which the entity-- 7i7 is able to meet and carry out the priorities described in subsection 7g77#b72 and 7ii7 is working to develop or strengthen a cohesive statewide system to support the opening of new charter schools1 the opening of replicable1 high-quality charter school models1 and the expansion of high-quality charter schools2 and 7,e7 in the case of an entity that partners with an outside organization to carry out the entity's quality charter school program1 in whole or in part1 a description of the roles and responsibilities of such partner4 7#b7 ,assurances1 including a description of how the assurances will be met1 that-- 7,a7 the eligible entity1 if awarding subgrants1 will-- 7i7 consider applications from eligible charter schools1 authorized public chartering agencies1 charter management organizations1 and other entities as applicable under ,state law2 and 7ii7 provide adequate technical assistance to such eligible applicants to-- 7,i7 meet the objectives described in clauses 7ii7 and 7iii7 of paragraph 7#a77;,a7 and subparagraph 7,b72 and 7,,ii7 enroll traditionally underserved students1 including students who are children with disabilities and ,english language learners1 to promote an inclusive education environment2 7,b7 each charter school receiving funds under the entity's program will have a high degree of autonomy over budget and operations2 7,c7 the entity will support charter schools in meeting the educational needs of their students as described in paragraph 7#a77;,a77v72 and 7,d7 in the case of an eligible entity that is a ,state entity-- 7i7 the entity will ensure that the authorized public chartering agency of any charter school that receives funds under the entity's program-- 7,i7 ensures that the charter school is meeting the obligations under this ,act1 part ,b of the ,individuals with ,disabilities ,education ,act1 title ,,vi of the ,civil ,rights ,act of #aifd1 and section #ejd of the ,rehabilitation ,act of #aigc2 and 7,,ii7 adequately monitors and helps the schools in recruiting1 enrolling1 and meeting the needs of all students1 including students who are children with disabilities and ,english language learners2 and 7ii7 the entity will promote quality authorizing1 such as through providing technical assistance1 to support all authorized public chartering agencies in the ,state to improve the monitoring of their charter schools1 including by-- 7,i7 using annual performance data1 which may include graduation rates and student growth data1 as appropriate1 to measure the progress of their schools toward becoming high-quality charter schools2 and 7,,ii7 reviewing the schools' independent1 annual audits of financial statements conducted in accordance with generally accepted accounting principles1 and ensuring any such audits are publically reported4 7#c7 ,a request and justification for waivers of any ,federal statutory or regulatory provisions that the entity believes are necessary for the successful operation of the charter schools that will receive funds under the entity's program under this section1 and a description of any ,state or local rules1 generally applicable to public schools1 that will be waived1 or otherwise not apply1 to such schools4 7g7 ,selection criteria2 priority 7#a7 ,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 7f71 after taking into consideration-- 7,a7 the degree of flexibility afforded by the ,state's public charter school law and1 in the case of an eligible entity described in subsection 7a77#b77;,a71 how the entity will work to maximize the flexibility provided to charter schools under the law2 7,b7 the quality of the strategy for assessing achievement of the entity's objectives under subsection 7f77#a72 7,c7 the likelihood that the eligible entity1 and any eligible applicants receiving subgrants from the eligible entity1 will meet those objectives and improve educational results for students2 7,d7 the proposed number of new charter schools to be opened1 and the number of high-quality charter schools to be replicated or expanded under the program2 7,e7 in the case of an eligible entity awarding subgrants under subsection 7b77#a77;,a71 the entity's plan to-- 7i7 adequately monitor the eligible applicants receiving subgrants under the entity's program2 7ii7 work with the authorized public chartering agencies involved to avoid duplication of work for the charter schools and authorized public chartering agencies2 and 7iii7 provide adequate technical assistance1 as described in the entity's application under subsection 7f71 for the eligible applicants receiving subgrants under the entity's program2 and 7,f7 the eligible entity's plan to support quality authorizing efforts in the ,state1 consistent with the objectives under subsection 7f77#a74 7#b7 ,priority ,in selecting eligible entities that are ,state entities to receive a portion of the grants awarded under this section1 the ,secretary shall give priority to ,state entities to the extent that the entities meet the following criteria3 7,a7 ,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 agency1 the ,state has an appeals process for the denial of an application for a charter school4 7,b7 ,the ,state entity is located in a ,state that ensures equitable financing1 as compared to traditional public schools1 for charter schools and students in a prompt manner4 7,c7 ,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 agencies4 7,d7 ,the ,state entity partners with an organization that has a demonstrated record of success in developing management organizations to support the development of charter schools in the ,state4 7,e7 ,the ,state entity supports charter schools that support at-risk students through activities such as dropout prevention or dropout recovery4 7h7 ,local uses of funds ,an eligible applicant receiving a subgrant under this section shall use such funds to open new charter schools1 open replicable1 high-quality charter school models1 or expand existing high-quality charter schools1 which may include the activities described in subparagraphs 7,a7 through 7,e7 of subsection 7b77#b74 7i7 ,reporting requirements ,each eligible entity receiving a grant under this section shall submit to the ,secretary1 at the end of the second and third year of the grant period and at the end of any renewal period1 a report that includes the following3 7#a7 ,the number of students served and1 if applicable1 how many new students were served during each year of the grant4 7#b7 ,in the case of an eligible entity awarding subgrants under subsection 7b77#a77;,a71 the number of subgrants awarded under this section to carry out each of the following3 7,a7 ,the opening of new charter schools4 7,b7 ,the opening of replicable1 high-quality charter school models4 7,c7 ,the expansion of high-quality charter schools4 7#c7 ,in the case of an eligible entity receiving a grant under subsection 7b77#b71 the number of new charter schools opened1 the number of replicable high-quality charter school models opened1 and the number of high-quality charter schools expanded under the grant4 7#d7 ,in the case of a ,state entity described in subparagraph 7,a71 7,b71 or 7,c7 of subsection 7a77#c71 the progress the ,state entity made toward meeting the priorities described in subsection 7g77#b71 as applicable4 7#e7 ,a description of-- 7,a7 how the entity met the objectives of the quality charter school program described in the entity's application under subsection 7f72 7,b7 how the entity complied with1 and1 if applicable1 ensured that eligible applicants complied with1 the assurances described in the entity's application2 and 7,c7 how the entity worked with authorized public chartering agencies1 including how the agencies worked with the management company or leadership of the schools in which the subgrants were awarded1 if applicable4 4 #djd4 ,facilities financing assistance ,section #ebjd 7#bj ,u4,s4,c4 #gbba;c7 is amended to read as follows3 #ebjd4 ,facilities financing assistance 7a7 ,grants to eligible entities 7#a7 ,in general ,from the amount reserved under section #ebjb7;b77#a71 the ,secretary shall award not less than #c grants to eligible entities that have applications approved under subsection 7d7 to demonstrate innovative methods of assisting charter schools to address the cost of acquiring1 constructing1 and renovating facilities by enhancing the availability of loans or bond financing4 7#b7 ,eligible entity defined ,in this section1 the term eligible entity means-- 7,a7 a public entity1 such as a ,state or local governmental entity2 7,b7 a private nonprofit entity2 or 7,c7 a consortium of entities described in subparagraphs 7,a7 and 7,b74 7b7 ,grantee selection 7#a7 ,evaluation of application ,the ,secretary shall evaluate each application submitted under subsection 7d71 and shall determine whether the application is sufficient to merit approval4 7#b7 ,distribution of grants ,the ,secretary shall award not less than one grant to an eligible entity described in subsection 7a77#b77;,a71 not less than one grant to an eligible entity described in subsection 7a77#b77;,b71 and not less than one grant to an eligible entity described in subsection 7a77#b77;,c71 if applications are submitted that permit the ,secretary to do so without approving an application that is not of sufficient quality to merit approval4 7c7 ,grant characteristics ,grants under subsection 7a7 shall be of a sufficient size1 scope1 and quality so as to ensure an effective demonstration of an innovative means of enhancing credit for the financing of charter school acquisition1 construction1 or renovation4 7d7 ,applications 7#a7 ,in general ,to receive a grant under subsection 7a71 an eligible entity shall submit to the ,secretary an application in such form as the ,secretary may reasonably require4 7#b7 ,contents ,an application submitted under paragraph 7#a7 shall contain-- 7,a7 a statement identifying the activities proposed to be undertaken with funds received under subsection 7a71 including how the eligible entity will determine which charter schools will receive assistance1 and how much and what types of assistance charter schools will receive2 7,b7 a description of the involvement of charter schools in the application's development and the design of the proposed activities2 7,c7 a description of the eligible entity's expertise in capital market financing2 7,d7 a description of how the proposed activities will leverage the maximum amount of private-sector financing capital relative to the amount of government funding used and otherwise enhance credit available to charter schools1 including how the entity will offer a combination of rates and terms more favorable than the rates and terms that a charter school could receive without assistance from the entity under this section2 7,e7 a description of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success of a charter school program for which facilities financing is sought2 and 7,f7 in the case of an application submitted by a ,state governmental entity1 a description of the actions that the entity has taken1 or will take1 to ensure that charter schools within the ,state receive the funding the charter schools need to have adequate facilities4 7e7 ,charter school objectives ,an eligible entity receiving a grant under this section shall use the funds deposited in the reserve account established under subsection 7f7 to assist one or more charter schools to access private sector capital to accomplish one or both of the following objectives3 7#a7 ,the acquisition 7by purchase1 lease1 donation1 or otherwise7 of an interest 7including an interest held by a third party for the benefit of a charter school7 in improved or unimproved real property that is necessary to commence or continue the operation of a charter school4 7#b7 ,the construction of new facilities1 including predevelopment costs1 or the renovation1 repair1 or alteration of existing facilities1 necessary to commence or continue the operation of a charter school4 7f7 ,reserve account 7#a7 ,use of funds ,to assist charter schools to accomplish the objectives described in subsection 7e71 an eligible entity receiving a grant under subsection 7a7 shall1 in accordance with ,state and local law1 directly or indirectly1 alone or in collaboration with others1 deposit the funds received under subsection 7a7 7other than funds used for administrative costs in accordance with subsection 7g77 in a reserve account established and maintained by the eligible entity for this purpose4 ,amounts deposited in such account shall be used by the eligible entity for one or more of the following purposes3 7,a7 ,guaranteeing1 insuring1 and reinsuring bonds1 notes1 evidences of debt1 loans1 and interests therein1 the proceeds of which are used for an objective described in subsection 7e74 7,b7 ,guaranteeing and insuring leases of personal and real property for an objective described in such subsection4 7,c7 ,facilitating financing by identifying potential lending sources1 encouraging private lending1 and other similar activities that directly promote lending to1 or for the benefit of1 charter schools4 7,d7 ,facilitating the issuance of bonds by charter schools1 or by other public entities for the benefit of charter schools1 by providing technical1 administrative1 and other appropriate assistance 7including the recruitment of bond counsel1 underwriters1 and potential investors and the consolidation of multiple charter school projects within a single bond issue74 7#b7 ,investment ,funds received under this section and deposited in the reserve account established under paragraph 7#a7 shall be invested in obligations issued or guaranteed by the ,united ,states or a ,state1 or in other similarly low-risk securities4 7#c7 ,reinvestment of earnings ,any earnings on funds received under subsection 7a7 shall be deposited in the reserve account established under paragraph 7#a7 and used in accordance with such subsection4 7g7 ,limitation on administrative costs ,an eligible entity may use not more than #b4e percent of the funds received under subsection 7a7 for the administrative costs of carrying out its responsibilities under this section 7excluding subsection 7k774 7h7 ,audits and reports 7#a7 ,financial record maintenance and audit ,the financial records of each eligible entity receiving a grant under subsection 7a7 shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an independent public accountant4 7#b7 ,reports 7,a7 ,grantee annual reports ,each eligible entity receiving a grant under subsection 7a7 annually shall submit to the ,secretary a report of the entity's operations and activities under this section4 7,b7 ,contents ,each annual report submitted under subparagraph 7,a7 shall include-- 7i7 a copy of the most recent financial statements1 and any accompanying opinion on such statements1 prepared by the independent public accountant reviewing the financial records of the eligible entity2 7ii7 a copy of any report made on an audit of the financial records of the eligible entity that was conducted under paragraph 7#a7 during the reporting period2 7iii7 an evaluation by the eligible entity of the effectiveness of its use of the ,federal funds provided under subsection 7a7 in leveraging private funds2 7iv7 a listing and description of the charter schools served during the reporting period1 including the amount of funds used by each school1 the type of project facilitated by the grant1 and the type of assistance provided to the charter schools2 7v7 a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in subsection 7e72 and 7vi7 a description of the characteristics of lenders and other financial institutions participating in the activities undertaken by the eligible entity under this section 7excluding subsection 7k77 during the reporting period4 7,c7 ,secretarial report ,the ,secretary shall review the reports submitted under subparagraph 7,a7 and shall provide a comprehensive annual report to ,congress on the activities conducted under this section 7excluding subsection 7k774 7i7 ,no full faith and credit for grantee obligation ,no financial obligation of an eligible entity entered into pursuant to this section 7such as an obligation under a guarantee1 bond1 note1 evidence of debt1 or loan7 shall be an obligation of1 or guaranteed in any respect by1 the ,united ,states4 ,the full faith and credit of the ,united ,states is not pledged to the payment of funds which may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this section4 7j7 ,recovery of funds 7#a7 ,in general ,the ,secretary1 in accordance with chapter #cg of title #ca1 ,united ,states ,code1 shall collect-- 7,a7 all of the funds in a reserve account established by an eligible entity under subsection 7f77#a7 if the ,secretary determines1 not earlier than #b years after the date on which the eligible entity first received funds under this section 7excluding subsection 7k771 that the eligible entity has failed to make substantial progress in carrying out the purposes described in subsection 7f77#a72 or 7,b7 all or a portion of the funds in a reserve account established by an eligible entity under subsection 7f77#a7 if the ,secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such account to accomplish any purpose described in such subsection4 7#b7 ,exercise of authority ,the ,secretary shall not exercise the authority provided in paragraph 7#a7 to collect from any eligible entity any funds that are being properly used to achieve one or more of the purposes described in subsection 7f77#a74 7#c7 ,procedures ,the provisions of sections #dea1 #deb1 and #deh of the ,general ,education ,provisions ,act shall apply to the recovery of funds under paragraph 7#a74 7#d7 ,construction ,this subsection shall not be construed to impair or affect the authority of the ,secretary to recover funds under part ,d of the ,general ,education ,provisions ,act4 7k7 ,per-,pupil facilities aid program 7#a7 ,definition of per-pupil facilities aid program ,in this subsection1 the term per-pupil facilities aid program means a program in which a ,state makes payments1 on a per-pupil basis1 to charter schools to provide the schools with financing-- 7,a7 that is dedicated solely for funding charter school facilities2 or 7,b7 a portion of which is dedicated for funding charter school facilities4 7#b7 ,grants 7,a7 ,in general ,from the amount reserved under section #ebjb7;b77#a7 and remaining after the ,secretary makes grants under subsection 7a71 the ,secretary shall make grants1 on a competitive basis1 to ,states to pay for the ,federal share of the cost of establishing or enhancing1 and administering1 per-pupil facilities aid programs4 7,b7 ,period ,the ,secretary shall award grants under this subsection for periods of not more than #e years4 7,c7 ,federal share ,the ,federal share of the cost described in subparagraph 7,a7 for a per-pupil facilities aid program shall be not more than-- 7i7 #ij percent of the cost1 for the first fiscal year for which the program receives assistance under this subsection2 7ii7 #hj percent for the second such year2 7iii7 #fj percent for the third such year2 7iv7 #dj percent for the fourth such year2 and 7v7 #bj percent for the fifth such year4 7,d7 ,state share ,a ,state receiving a grant under this subsection may partner with #a or more organizations to provide up to #ej percent of the ,state share of the cost of establishing or enhancing1 and administering1 the per-pupil facilities aid program4 7,e7 ,multiple grants ,a ,state may receive more than #a grant under this subsection1 so long as the amount of such grant funds provided to charter schools increases with each successive grant4 7#c7 ,use of funds 7,a7 ,in general ,a ,state that receives a grant under this subsection shall use the funds made available through the grant to establish or enhance1 and administer1 a per-pupil facilities aid program for charter schools in the ,state of the applicant4 7,b7 ,evaluations2 technical assistance2 dissemination ,from the amount made available to a ,state through a grant under this subsection for a fiscal year1 the ,state may reserve not more than #e percent to carry out evaluations1 to provide technical assistance1 and to disseminate information4 7,c7 ,supplement1 not supplant ,funds made available under this subsection shall be used to supplement1 and not supplant1 ,state and local public funds expended to provide per-pupil facilities aid programs1 operations financing programs1 or other programs1 for charter schools4 7#d7 ,requirements 7,a7 ,voluntary participation ,no ,state may be required to participate in a program carried out under this subsection4 7,b7 ,state law 7i7 ,in general ,to be eligible to receive a grant under this subsection1 a ,state shall establish or enhance1 and administer1 a per-pupil facilities aid program for charter schools in the ,state1 that-- 7,i7 is specified in ,state law2 and 7,,ii7 provides annual financing1 on a per-pupil basis1 for charter school facilities4 7ii7 ,special rule ,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 subsection4 7#e7 ,applications ,to be eligible to receive a grant under this subsection1 a ,state shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 4 #dje4 ,national activities ,section #ebje 7#bj ,u4,s4,c4 #gbba;d7 is amended to read as follows3 #ebje4 ,national activities 7a7 ,in general ,from the amount reserved under section #ebjb7;b77#b71 the ,secretary shall-- 7#a7 use not less than #ej percent of such funds to award grants in accordance with subsection 7b72 and 7#b7 use the remainder of such funds to-- 7,a7 disseminate technical assistance to ,state entities in awarding subgrants under section #ebjc7;b77#a77;,a72 7,b7 disseminate best practices regarding public charter schools2 and 7,c7 evaluate the impact of the charter school program1 including the impact on student achievement1 carried out under this subpart4 7b7 ,grants 7#a7 ,in general ,from the amounts described in subsection 7a77#a71 the ,secretary shall make grants1 on a competitive basis1 to eligible applicants for the purpose of carrying out the activities described in section #ebjb7;a77#a7 and section #ebjc7;b74 7#b7 ,terms and conditions ,except as otherwise provided in this subsection1 grants awarded under this subsection shall have the same terms and conditions as grants awarded under section #ebjc4 7#c7 ,eligible applicant defined ,for purposes of this subsection1 the term eligible applicant means an eligible applicant that desires to open a charter school in a ,state that-- 7,a7 did not apply for a grant under section #ebjc2 7,b7 did not receive a grant under section #ebjc2 or 7,c7 received a grant under section #ebjc and is in the fourth or fifth year of the grant period for such grant4 7c7 ,contracts and grants ,the ,secretary may carry out any of the activities described in this section directly or through grants1 contracts1 or cooperative agreements4 4 #djf4 ,records transfer ,section #ebjh 7#bj ,u4,s4,c4 #gbba;g7 is amended by inserting as quickly as possible and before to the extent practicable4 #djg4 ,definitions ,section #ebaj 7#bj ,u4,s4,c4 #gbba;i7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,k71 by striking and at the end2 7,b7 in subparagraph 7,l71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end1 the following3 7,m7 may serve prekindergarten or postsecondary students4 2 7#b7 in paragraph 7#c71 by striking under section #ebjc7;d77#c72 and 7#c7 by adding at the end the following3 7#e7 ,charter support organization ,the term charter support organization means a nonprofit1 non-governmental entity that provides1 on a statewide or regional basis1 assistance to developers during the planning1 program design1 and initial implementation of a charter school1 and technical assistance to operating charter schools4 7#f7 ,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 school4 7#g7 ,high-quality charter school ,the term high-quality charter school means a charter school that-- 7,a7 shows evidence of strong academic results2 7,b7 has no significant issues in the areas of student safety1 financial management1 or statutory or regulatory compliance2 7,c7 has demonstrated success in significantly increasing student academic achievement and attainment for all students served by charter schools2 and 7,d7 has demonstrated success in increasing student academic achievement for the subgroups of students described in section #aaaa7;b77#b77;,b77viii74 7#h7 ,replicable1 high-quality charter school model ,the term replicable1 high-quality charter school model means a high-quality charter school that will open a new campus under an existing charter4 4 #djh4 ,authorization of appropriations ,section #ebaa 7#bj ,u4,s4,c4 #gbba;j7 is amended to read as follows3 #ebaa4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subpart #bda1ejg1jjj for each of fiscal years #bjad through #bjah4 4 #dji4 ,general provisions ,title ,v 7#bj ,u4,s4,c4 #gbja et seq47 is amended by-- 7#a7 striking part ,a2 7#b7 striking subparts #b and #c of part ,b2 7#c7 striking part ,d2 7#d7 in part ,b1 by striking ,subpart #a--;,charter ,school ,programs2 7#e7 by redesignating part ,b as part ,a2 and 7#f7 by redesignating part ,c as part ,b4 ,v ,state innovation and flexibility #eja4 ,purposes ,the purposes of this title are to-- 7#a7 support ,state1 local1 and tribal leadership and innovation in preparing all students to meet ,state-developed academic content standards and student academic achievement standards2 7#b7 establish a process to permit ,state1 local1 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 #aife 7#bj ,u4,s4,c4 #fcja et seq472 7#c7 provide ,states and local educational agencies with maximum flexibility in using ,federal funds provided under this ,act2 and 7#d7 direct the ,secretary of ,education to defer to ,state1 local1 and tribal judgments regarding how best to accomplish the purposes of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq474 #ejb4 ,transferability of funds ,section #fabc 7#bj ,u4,s4,c4 #gcje;b7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking not more than #ej percent of the nonadministrative ,state funds and inserting all1 or any lesser amount1 of ,state funds2 and 7ii7 by striking subparagraphs 7,a7 through 7,d7 and inserting the following3 7,a7 ,any provision of title ,,ii4 7,b7 ,any provision of title ,,iv4 2 and 7,b7 in paragraph 7#b71 by striking and subject to the #ej percent limitation described in paragraph 7#a72 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking 7except and all that follows through subparagraph 7,c77 and inserting may transfer all1 or any lesser amount1 of the funds allocated to it2 7ii7 by striking subparagraph 7,b72 7iii7 by redesignating subparagraph 7,c7 as subparagraph 7,b72 and 7iv7 in subparagraph 7,b71 as redesignated by clause 7iii71 by striking and subject to the percentage limitation described in subparagraph 7,a7 or 7,b71 as applicable2 and 7,b7 in paragraph 7#b7-- 7i7 by striking subparagraph 7,a71 7,b71 or 7,c7 and inserting subparagraph 7,a7 or 7,b72 and 7ii7 by striking subparagraphs 7,a7 through 7,d7 and inserting the following3 7,a7 ,any provision of title ,,ii4 7,b7 ,any provision of title ,,iv4 4 #ejc4 ,waivers of statutory and regulatory requirements ,section #idja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghfa7 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,in general 7#a7 ,request for waiver ,a ,state educational agency1 local educational agency 7through a ,state educational agency71 or ,indian tribe that receives funds under a program authorized under this ,act may submit a request to the ,secretary to waive any statutory or regulatory requirement of this ,act4 7#b7 ,receipt of waiver ,except as provided in subsection 7c71 the ,secretary shall waive any statutory or regulatory requirement of this ,act for a ,state educational agency1 local educational agency1 ,indian tribe1 or school 7through a local educational agency71 that submits a waiver request pursuant to this subsection4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting 1 which shall include a plan after waiver request to the ,secretary2 7ii7 in subparagraph 7,b71 by striking and how the waiving of those requirements will and all that follows through the end1 and inserting a semicolon2 7iii7 by redesignating subparagraph 7,e7 as subparagraph 7,f72 and 7iv7 by striking subparagraphs 7,c7 and 7,d71 and inserting the following3 7,c7 describes the methods the ,state educational agency1 local educational agency1 or ,indian tribe will use to-- 7i7 monitor the effectiveness of the implementation of the plan2 and 7ii7 assure regular evaluation and continuous improvement of the plan2 7,d7 as applicable to the waiver request1 includes information on how the ,state educational agency1 local educational agency1 or ,indian tribe will maintain and improve transparency in reporting to parents and the public on student achievement and school performance1 including the achievement of students according to the student subgroups described in subclauses 7,i7 through 7,,iv7 of section #aaaa7;b77#b77;,b77viii72 and 2 7,b7 in paragraph 7#b77;,b77i77,,ii71 by striking 7on behalf of1 and based on the requests of1 local educational agencies7 and inserting 7on their own behalf1 or on behalf of1 and based on the requests of1 local educational agencies in the ,state72 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 in the matter preceding clause 7i71 by inserting or on behalf of local educational agencies in the ,state1 after acting on its own behalf12 and 7ii7 in subparagraph 7,b71 by striking reviewed by the ,state educational agency and inserting reviewed and approved by the ,state educational agency before being submitted to the ,secretary2 and 7,d7 by adding at the end the following3 7#d7 ,waiver determination1 demonstration1 and revision 7,a7 ,in general ,the ,secretary shall approve a waiver request not more than #ij days after the date on which such request is submitted1 unless the ,secretary determines and demonstrates that-- 7i7 the waiver request does not meet the requirements of this section2 and 7ii7 the waiver is not permitted under subsection 7c74 7,b7 ,waiver determination and revision ,if the ,secretary determines and demonstrates that the waiver request does not meet the requirements of this section1 the ,secretary shall-- 7i7 immediately-- 7,i7 notify the ,state educational agency1 local educational agency1 or ,indian tribe of such determination2 and 7,,ii7 at the request of the ,state educational agency1 local educational agency1 or ,indian tribe1 provide detailed reasons for such determination in writing2 7ii7 offer the ,state educational agency1 local educational agency1 or ,indian tribe an opportunity to revise and resubmit the waiver request not more than #fj days after the date of such determination2 and 7iii7 if the ,secretary determines that the resubmission does not meet the requirements of this section1 at the request of the ,state educational agency1 local educational agency1 or ,indian tribe1 conduct a public hearing not more than #cj days after the date of such resubmission4 7,c7 ,waiver disapproval ,the ,secretary may disapprove a waiver request if-- 7i7 the ,state educational agency1 local educational agency1 or ,indian tribe has been notified and offered an opportunity to revise and resubmit the waiver request1 as described under clauses 7i7 and 7ii7 of subparagraph 7,b72 and 7ii7 the ,state educational agency1 local educational agency1 or ,indian tribe-- 7,i7 does not revise and resubmit the waiver request2 or 7,,ii7 revises and resubmits the waiver request1 and the ,secretary determines that such waiver request does not meet the requirements of this section after a hearing conducted under subparagraph 7,b77iii74 7,d7 ,external conditions ,the ,secretary shall not disapprove a waiver request under this section based on conditions outside the scope of the waiver request4 2 7#c7 in subsection 7c71 by striking paragraph 7#b7 and redesignating paragraphs 7#c71 7#d71 7#e71 7#f71 7#g71 7#h71 7#i71 and 7#aj7 as paragraphs 7#b71 7#c71 7#d71 7#e71 7#f71 7#g71 7#h71 and 7#i72 7#d7 in subsection 7d7-- 7,a7 in the heading1 by adding 2 ,limitations after ,duration and ,extension of ,waiver2 and 7,b7 by adding at the end the following3 7#c7 ,specific limitations ,the ,secretary shall not place any requirements on a ,state educational agency1 local educational agency1 or ,indian tribe1 as a condition of approval of a waiver request4 2 7#e7 by striking subsection 7e7 and inserting the following3 7e7 ,reports ,a ,state educational agency1 local educational agency1 and ,indian ,tribe receiving a waiver under this section shall describe1 as part of1 and pursuant to1 the required annual reporting under section #aaaa7;e71 the progress of schools covered under the provisions of such waiver toward increasing academic achievement4 2 and 7#f7 in subsection 7f71 by inserting and the recipient of the waiver has failed to make revisions needed to carry out the purpose of the waiver1 after has been inadequate to justify a continuation of the waiver4 #ejd4 ,maintenance of effort ,section #ieba 7#bj ,u4,s4,c4 #gija7 is repealed4 #eje4 ,plan approval process ,title ,,ix 7#bj ,u4,s4,c4 #ghja et seq47 is amended by adding at the end the following3 ,g ,approval and disapproval of ,state plans and local applications #igja4 ,approval and disapproval of ,state plans 7a7 ,deemed approval ,a plan submitted by a ,state pursuant to section #bajd7;d7 or section #dajc7;d7 shall be deemed to be approved by the ,secretary unless the ,secretary makes a written determination1 prior to the expiration of the #abj-;day period beginning on the date on which the ,secretary received the plan1 that the plan is not in compliance with section #bajd7;d7 or section #dajc7;d71 as applicable4 7b7 ,disapproval process 7#a7 ,in general ,the ,secretary shall not finally disapprove a plan submitted under section #bajd7;d7 or section #dajc7;d71 except after giving the ,state educational agency notice and an opportunity for a hearing4 7#b7 ,notification ,if the ,secretary finds that the plan is not in compliance1 in whole or in part1 with section #bajd7;d7 or section #dajc7;d71 as applicable1 the ,secretary shall-- 7,a7 give the ,state educational agency notice and an opportunity for a hearing2 and 7,b7 notify the ,state educational agency of the finding of noncompliance and1 in such notification1 shall-- 7i7 cite the specific provisions in the plan that are not in compliance2 and 7ii7 request additional information1 only as to the noncompliant provisions1 needed to make the plan compliant4 7#c7 ,response ,if the ,state educational agency responds to the ,secretary's notification described in paragraph 7#b77;,b7 during the #de-;day period beginning on the date on which the ,state educational agency received the notification1 and resubmits the plan with the requested information described in paragraph 7#b77;,b77ii71 the ,secretary shall approve or disapprove such plan prior to the later of-- 7,a7 the expiration of the #de-;day period beginning on the date on which the plan is resubmitted2 or 7,b7 the expiration of the #abj-;day period described in subsection 7a74 7#d7 ,failure to respond ,if the ,state educational agency does not respond to the ,secretary's notification described in paragraph 7#b77;,b7 during the #de-;day period beginning on the date on which the ,state educational agency received the notification1 such plan shall be deemed to be disapproved4 #igjb4 ,approval and disapproval of local educational agency applications 7a7 ,deemed approval ,an application submitted by a local educational agency pursuant to section #baje7;b7 or section #dajd7;b7 shall be deemed to be approved by the ,state educational agency unless the ,state educational agency makes a written determination1 prior to the expiration of the #abj-;day period beginning on the date on which the ,state educational agency received the application1 that the application is not in compliance with section #baje7;b7 or section #dajd7;b71 as applicable4 7b7 ,disapproval process 7#a7 ,in general ,the ,state educational agency shall not finally disapprove an application submitted under section #baje7;b7 or section #dajd7;b71 except after giving the local educational agency notice and opportunity for a hearing4 7#b7 ,notification ,if the ,state educational agency finds that the application is not in compliance1 in whole or in part1 with section #baje7;b7 or section #dajd7;b71 as applicable1 the ,state educational agency shall-- 7,a7 give the local educational agency notice and an opportunity for a hearing2 and 7,b7 notify the local educational agency of the finding of noncompliance1 and in such notification1 shall-- 7i7 cite the specific provisions in the application that are not in compliance2 and 7ii7 request additional information1 only as to the noncompliant provisions1 needed to make the application compliant4 7#c7 ,response ,if the local educational agency responds to the ,state educational agency's notification described in paragraph 7#b77;,b7 during the #de-;day period beginning on the date on which the local educational agency received the notification1 and resubmits the application with the requested information described in paragraph 7#b77;,b77ii71 the ,state educational agency shall approve or disapprove such application prior to the later of-- 7,a7 the expiration of the #de-;day period beginning on the date on which the application is resubmitted2 or 7,b7 the expiration of the #abj-;day period described in subsection 7a74 7#d7 ,failure to respond ,if the local educational agency does not respond to the ,state educational agency's notification described in paragraph 7#b77;,b7 during the #de-;day period beginning on the date on which the local educational agency received the notification1 such application shall be deemed to be disapproved4 4 ,,vi ,extensions of authorizations #fja4 ,english learners and immigrant students ,section #cjja 7#bj ,u4,s4,c4 #fhja7 is amended by striking #gej1jjj1jjj for fiscal year #bjjb and such sums as may be necessary for each of the #e succeeding fiscal years4 and inserting #fic1hdh1jjj for each of fiscal years #bjad through #bjah44 #fjb4 ,magnet school assistance ,section #ecaa 7#bj ,u4,s4,c4 #gbca;j7 is amended by striking #abe1jjj1jjj for fiscal year #bjjb and such sums as may be necessary for each of the #e succeeding fiscal years4 and inserting #ia1fdg1jjj for each of fiscal years #bjad through #bjah44 #fjc4 ,rural education achievement program ,section #fbcd 7#bj ,u4,s4,c4 #gcee;c7 is amended by striking #cjj1jjj1jjj for fiscal year #bjjb and such sums as may be necessary for each of the #e succeeding fiscal years and inserting #afi1hdj1jjj for each of fiscal years #bjad through #bjah4 #fjd4 ,indian1 ,native ,hawaiian1 and ,alaska ,native ,education 7a7 ,grants to local educational agencies and tribes ,section #gaeb 7#bj ,u4,s4,c4 #gdib7 is amended to read as follows3 #gaeb4 ,authorizations of appropriations 7a7 ,subpart #a ,for the purpose of carrying out subpart #a1 there are authorized to be appropriated #ajj1cha1jjj for each of fiscal years #bjad through #bjah4 7b7 ,subpart #b ,for the purpose of carrying out subpart #b1 there are authorized to be appropriated #ag1iic1jjj for each of fiscal years #bjad through #bjah4 7c7 ,subpart #c ,for the purpose of carrying out subpart #c1 there are authorized to be appropriated #e1efe1jjj for each of fiscal years #bjad through #bjah4 4 7b7 ,native ,hawaiian education ,section #gbje7;c7 7#bj ,u4,s4,c4 #geae7;c77 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,there are authorized to be appropriated to carry out this section and section #gbjd #cb1cig1jjj for each of fiscal years #bjad through #bjah4 2 and 7#b7 in paragraph 7#b71 by striking for fiscal year #bjjb and each of the #e succeeding fiscal years and inserting for fiscal years #bjad through #bjah4 7c7 ,alaska ,native education ,section #gcjd7;d77#a7 7#bj ,u4,s4,c4 #gedd7;d77#a77 is amended by striking such sums as may be necessary for fiscal year #bjjb and each of the #e succeeding fiscal years4 and inserting #ca1dec1jjj for each of fiscal years #bjad through #bajh44 #fje4 ,impact aid ,section #hjad 7#bj ,u4,s4,c4 #ggad7 is amended-- 7#a7 in subsection 7a71 by striking #cb1jjj1jjj for fiscal year #bjjj and such sums as may be necessary for each of the seven succeeding fiscal years4 and inserting #fc1dde1jjj for each of fiscal years #bjad through #bjah42 7#b7 in subsection 7b71 by striking #hji1djj1jjj for fiscal year #bjjj and such sums as may be necessary for each of the seven succeeding fiscal years4 and inserting #a1jic1bjc1jjj for each of fiscal years #bjad through #bjah42 7#c7 in subsection 7c71 by striking #ej1jjj1jjj for fiscal year #bjjj and such sums as may be necessary for each of the seven succeeding fiscal years4 and inserting #de1hha1jjj for each of fiscal years #bjad through #bjah42 7#d7 in subsection 7e71 by striking #aj1jeb1jjj for fiscal year #bjjj and such sums as may be necessary for fiscal year #bjja1 #aej1jjj1jjj for fiscal year #bjjb1 and such sums as may be necessary for each of the five succeeding fiscal years4 and inserting #af1ebi1jjj for each of fiscal years #bjad through #bjah42 and 7#e7 in subsection 7f71 by striking #e1jjj1jjj for fiscal year #bjjj and such sums as may be necessary for each of the seven succeeding fiscal years4 and inserting #d1eia1jjj for each of fiscal years #bjad through #bjah44 #fjf4 ,mc,kinney-,vento ,homeless ,assistance ,section #gbf of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadce7 is amended by striking #ajj1jjj1jjj for fiscal year #bjji and such sums as may be necessary for each subsequent fiscal year4 and inserting #fa1gga1jjj for each of fiscal years #bjad through #bjah44