,,ii #aacth ,,congress #ast ,session ,s4 #aaaj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #f1 #bjac ,ms4 ,murkowski introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife4 #a4 ,short title ,this ,act may be cited as the ,educational ,accountability and ,state ,flexibility ,act of #bjac4 #b4 ,improving the academic achievement of the disadvantaged 7a7 ,purpose authorization1 and school improvement funds ,sections #ajja through #ajjc of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq47 are 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 obtain a high-quality education and reach1 at a minimum1 proficiency on challenging ,state academic achievement standards and ,state academic assessments4 ,this purpose can be accomplished by-- 7#a7 ensuring that high-quality academic assessments1 accountability systems1 teacher preparation and training1 curriculum1 and instructional materials are aligned with challenging ,state academic standards so that students1 teachers1 parents1 and administrators can measure progress against common expectations for student academic achievement2 7#b7 meeting the educational needs of low-achieving children in our ,nation's highest-poverty schools1 limited ,english proficient children1 migratory children1 children with disabilities1 ,indian1 ,alaska ,native and ,native ,hawaiian children1 neglected or delinquent children1 and young children in need of reading assistance2 7#c7 closing the achievement gap between high- and low-performing children1 especially the achievement gaps between minority and nonminority students1 and between disadvantaged children and their more advantaged peers2 7#d7 holding schools1 local educational agencies1 and ,states accountable for improving the academic achievement of all students1 and identifying and turning around low-performing schools that have failed to provide a high-quality education to their students1 while providing alternatives to students in such schools to enable the students to receive a high-quality education2 7#e7 distributing and targeting resources sufficiently to make a difference to local educational agencies and schools where needs are greatest2 7#f7 improving and strengthening accountability1 teaching1 and learning by using ,state assessment systems designed to ensure that students are meeting challenging ,state academic achievement and content standards and increasing achievement overall1 but especially for the disadvantaged2 7#g7 providing greater decisionmaking authority and flexibility to schools and teachers in exchange for greater responsibility for student performance2 7#h7 providing children an enriched and accelerated educational program1 including the use of schoolwide programs or additional services that increase the amount and quality of instructional time2 7#i7 promoting schoolwide reform and ensuring the access of children to effective1 scientifically based instructional strategies and challenging academic content2 7#aj7 significantly elevating the quality of instruction by providing staff in participating schools with substantial opportunities for professional development2 7#aa7 coordinating services under all parts of this title with each other1 with other educational services1 and1 to the extent feasible1 with other agencies providing services to youth1 children1 and families2 and 7#ab7 affording parents substantial and meaningful opportunities to participate in the education of their children4 #ajjb4 ,authorization of appropriations 7a7 ,local educational agency grants ,for the purpose of carrying out part ,a1 there are authorized to be appropriated such sums as necessary for fiscal years #bjad through #bjai4 7b7 ,improving literacy through school libraries ,for the purpose of carrying out subpart #d of part ,b1 there are authorized to be appropriated #bej1jjj1jjj for fiscal year #bjad and such sums as may be necessary for each of the #e succeeding fiscal years4 7c7 ,education of migratory children ,for the purpose of carrying out part ,c1 there are authorized to be appropriated #daj1jjj1jjj for fiscal year #bjad and such sums as may be necessary for each of the #e succeeding fiscal years4 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 #ej1jjj1jjj for fiscal year #bjad and such sums as may be necessary for each of the #e succeeding fiscal years4 7e7 ,federal activities 7#a7 ,sections #aeja and #aejb ,for the purpose of carrying out sections #aeja and #aejb1 there are authorized to be appropriated such sums as may be necessary for fiscal year #bjad and each of the #e succeeding fiscal years4 7#b7 ,section #aejd 7,a7 ,in general ,for the purpose of carrying out section #aejd1 there are authorized to be appropriated such sums as may be necessary for fiscal year #bjad and for each of the #e succeeding fiscal years4 7,b7 ,special rule ,of the funds appropriated pursuant to subparagraph 7,a71 not more than #cj percent may be used for teachers associated with students participating in the programs described in subsections 7a77#a71 7b77#a71 and 7c77#a74 7f7 ,comprehensive school reform ,for the purpose of carrying out part ,f1 there are authorized to be appropriated such sums as may be necessary for fiscal year #bjad and each of the #e succeeding fiscal years4 7g7 ,advanced placement ,for the purposes of carrying out part ,g1 there are authorized to be appropriated such sums for fiscal year #bjad and each #e succeeding fiscal year4 7h7 ,school dropout prevention ,for the purpose of carrying out part ,h1 there are authorized to be appropriated #abe1jjj1jjj for fiscal year #bjad and such sums as may be necessary for each of the #e succeeding fiscal years1 of which-- 7#a7 up to #aj percent shall be available to carry out subpart #a of part ,h for each fiscal year2 and 7#b7 the remainder shall be available to carry out subpart #b of part ,h for each fiscal year4 7i7 ,school improvement ,for the purpose of carrying out section #ajjc7;g71 there are authorized to be appropriated #ejj1jjj1jjj for fiscal year #bjad and such sums as may be necessary for each of the #e succeeding fiscal years4 #ajjc4 ,school improvement 7a7 ,state reservations ,each ,state shall reserve #d percent of the amount received under subpart #b of part ,a for fiscal years #bjad through #bjai1 to carry out subsection 7b7 and to carry out the ,state's responsibilities under sections #aaaf and #aaag1 including carrying out the ,state educational agency's statewide system of technical assistance and support for local educational agencies4 7b7 ,uses ,of the amount reserved under subsection 7a7 for any fiscal year1 the ,state educational agency-- 7#a7 shall allocate not less than #ie percent of that amount directly to local educational agencies for schools identified by the ,state in a tier described in paragraph 7#b71 7#c71 or 7#d7 of section #aaaf7;c72 or 7#b7 may1 with the approval of the local educational agency1 directly provide for these activities or arrange for their provision through other entities such as school support teams or educational service agencies4 7c7 ,priority ,the ,state educational agency1 in allocating funds to local educational agencies under this section1 shall give priority to local educational agencies that-- 7#a7 serve the lowest-achieving schools2 7#b7 demonstrate the greatest need for such funds2 and 7#c7 demonstrate the strongest commitment to ensuring that such funds are used to enable the lowest-achieving schools to meet or make satisfactory progress toward meeting ,state standards1 in accordance with section #aaaa7;b77#b74 7d7 ,unused funds ,if1 after consultation with local educational agencies in the ,state1 the ,state educational agency determines that the amount of funds reserved to carry out subsection 7b7 is greater than the amount needed to provide the assistance described in that subsection1 the ,state educational agency shall allocate the excess amount to local educational agencies in accordance with-- 7#a7 the relative allocations the ,state educational agency made to those agencies for that fiscal year under subpart #b of part ,a2 or 7#b7 section #aabf7;c74 7e7 ,special rule ,notwithstanding any other provision of this section1 the amount of funds reserved by the ,state educational agency under subsection 7a7 in any fiscal year shall not decrease the amount of funds each local educational agency receives under subpart #b below the amount received by such local educational agency under such subpart for the preceding fiscal year4 7f7 ,reporting ,the ,state educational agency shall make publicly available a list of those schools that have received funds or services pursuant to subsection 7b7 and the percentage of students from each school from families with incomes below the poverty line4 7g7 ,assistance for local school improvement 7#a7 ,program authorized ,the ,secretary shall award grants to ,states to enable the ,states to provide subgrants to local educational agencies for the purpose of providing assistance for school improvement consistent with section #aaaf4 7#b7 ,state allotments ,such grants shall be allotted among ,states1 the ,bureau of ,indian ,education1 and the outlying areas1 in proportion to the funds received by the ,states1 the ,bureau of ,indian ,education1 and the outlying areas1 respectively1 for the fiscal year under parts ,a1 ,c1 and ,d of this title4 ,the ,secretary shall expeditiously allot a portion of such funds to ,states for the purpose of assisting local educational agencies identified under section #aaaf7;c77#c7 and schools that were identified under paragraph 7#a71 7#f71 or 7#g7 of section #aaaf7;b7 on the day preceding the date of enactment of the ,educational ,accountability and ,state ,flexibility ,act of #bjac4 7#c7 ,reallocations ,if a ,state does not receive funds under this subsection1 the ,secretary shall reallocate such funds to other ,states in the same proportion funds are allocated under paragraph 7#b74 7#d7 ,state applications ,each ,state educational agency that desires to receive funds under this subsection shall submit an application to the ,secretary at such time1 and containing such information1 as the ,secretary shall reasonably require1 except that such requirement shall be waived if a ,state educational agency submitted such information as part of its ,state plan under this part4 ,each ,state application shall describe how the ,state educational agency will allocate such funds in order to assist the ,state educational agency and local educational agencies in complying with the requirements of section #aaaf4 7#e7 ,local educational agency grants ,a grant to a local educational agency under this subsection shall be-- 7,a7 of sufficient size and scope to support the activities required under sections #aaaf and #aaag1 but not less than #ej1jjj and not more than #ejj1jjj for each participating school2 7,b7 integrated with other funds awarded by the ,state under this ,act2 and 7,c7 renewable for two additional #a-year periods if schools are meeting their goals1 as determined by the ,state in accordance with section #aaaf4 7#f7 ,priority ,the ,state1 in awarding such grants1 shall give priority to local educational agencies with the lowest-achieving schools that demonstrate-- 7,a7 the greatest need for such funds2 and 7,b7 the strongest commitment to ensuring that such funds are used to provide adequate resources to enable the lowest-achieving schools to meet the requirements of section #aaaf4 7#g7 ,allocation ,a ,state educational agency that receives a grant under this subsection shall allocate at least #ie percent of the grant funds directly to local educational agencies for schools identified by the ,state as being in a tier described in paragraph 7#b71 7#c71 or 7#d7 of section #aaaf7;c7 to carry out activities described in such section1 or may1 with the approval of the local educational agency1 directly provide for these activities or arrange for their provision through other entities such as school support teams or educational service agencies4 7#h7 ,administrative costs ,a ,state educational agency that receives a grant award under this subsection may reserve not more than #e percent of such grant funds for administration1 evaluation1 and technical assistance expenses4 7#i7 ,local awards ,each local educational agency that applies for assistance under this subsection shall describe how it will provide the lowest-achieving schools the resources necessary to assist such schools to meet or make satisfactory progress toward meeting ,state standards1 in accordance with sections #aaaa and #aaaf4 4 7b7 ,basic program requirements and ,state accountability system ,sections #aaaa through #aaai of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa7 are amended to read as follows3 #aaaa4 ,state plans 7a7 ,plans required 7#a7 ,in general ,for any ,state desiring to receive a grant under this part1 the ,state educational agency shall submit to the ,secretary a plan1 developed by the ,state educational agency1 in consultation with local educational agencies1 teachers1 principals1 pupil services personnel1 administrators 7including administrators of programs described in other parts of this title71 other staff1 parents1 and representatives of tribes and ,native organizations located in the ,state1 that satisfies the requirements of this section and that is coordinated with other programs under this ,act 7including the comprehensive program plans described in section #gaad71 the ,individuals with ,disabilities ,education ,act1 the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf1 the ,head ,start ,act1 the ,adult ,education and ,family ,literacy ,act1 and the ,mc,kinney-,vento ,homeless ,assistance ,act4 7#b7 ,special rule ,notwithstanding paragraph 7#a71 a ,state that has received a waiver under the ,secretary's authority under section #idja before the date of enactment of the ,educational ,accountability and ,state ,flexibility ,act of #bjac may meet the requirements of this part by implementing the requirements under the waiver agreement for the period of the waiver1 or may adopt and implement a plan that meets the requirements of this subpart4 7#c7 ,consolidated plan ,a ,state plan submitted under paragraph 7#a7 may be submitted as part of a consolidated plan under section #icjb4 7b7 ,academic standards1 academic assessments1 and accountability 7#a7 ,challenging academic standards 7,a7 ,in general ,each ,state plan shall demonstrate that the ,state has adopted challenging academic content standards and challenging student academic achievement standards that will be used by the ,state1 its local educational agencies1 and its schools to carry out this part1 except that a ,state shall not be required to submit such standards to the ,secretary4 7,b7 ,same standards ,the academic standards required by subparagraph 7,a7 shall be the same academic standards that the ,state applies to all schools and children in the ,state4 7,c7 ,subjects ,the ,state shall have such academic standards for all public elementary school and secondary school children1 including children served under this part1 in subjects determined by the ,state1 but including at least mathematics1 reading or language arts1 and science1 which shall include the same knowledge1 skills1 and levels of achievement expected of all children4 7,d7 ,challenging academic standards ,standards under this paragraph shall include-- 7i7 challenging academic content standards in academic subjects that-- 7,i7 specify what children are expected to know and be able to do2 7,,ii7 contain coherent and rigorous content2 and 7,,iii7 encourage the teaching of advanced skills2 and 7ii7 challenging student academic achievement standards that-- 7,i7 are aligned with the ,state's academic content standards2 7,,ii7 are aligned with the academic coursework at public institutions of higher education in the ,state1 relevant career and technical education standards1 and appropriate career skills as determined appropriate by the ,state2 7,,iii7 describe two levels of high achievement 7proficient and advanced7 that determine how well children are mastering the material in the ,state academic content standards2 7,,iv7 describe a third level of achievement 7basic7 to provide complete information about the progress of the lower-achieving children toward mastering the proficient and advanced levels of achievement2 and 7,v7 will prepare a student who graduates from secondary school and who has been determined to be proficient1 to succeed without the need for remediation at a public institution of higher education1 job training1 or work4 7,e7 ,information ,for the subjects in which students will be served under this part1 but for which a ,state is not required by subparagraphs 7,a71 7,b71 and 7,c7 to develop1 and has not otherwise developed1 such academic standards1 the ,state plan shall describe a strategy for ensuring that students are taught the same knowledge and skills in such subjects and held to the same expectations as are all children4 7,f7 ,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 ,educational ,accountability and ,state ,flexibility ,act of #bjac4 7#b7 ,accountability 7,a7 ,in general ,each ,state plan shall demonstrate that the ,state has developed and is implementing a single1 statewide ,state accountability system that will be effective in ensuring that all local educational agencies1 public elementary schools1 and public secondary schools meet or make satisfactory progress toward meeting ,state standards as defined under this paragraph4 ,each ,state accountability system shall-- 7i7 be based on the academic standards and academic assessments adopted under paragraphs 7#a7 and 7#c71 and other academic indicators consistent with subparagraph 7,c77vi7 and 7vii71 and shall take into account the achievement of all public elementary school and secondary school students2 7ii7 be the same accountability system the ,state uses for all public elementary schools and secondary schools or all local educational agencies in the ,state1 except that public elementary schools1 secondary schools1 and local educational agencies not participating under this part are not subject to the requirements of section #aaaf2 and 7iii7 include recognition for schools that meet or are making satisfactory progress toward meeting ,state standards and assistance for schools that do not meet or make satisfactory progress toward meeting ,state standards as described in section #aaaf4 7,b7 ,meeting or making satisfactory progress toward meeting ,state standards 7i7 ,in general ,each ,state plan shall demonstrate1 based on academic assessments described in paragraph 7#c7 and other indicators the ,state may adopt 7as described in clause 7ii77 and in accordance with this paragraph1 what constitutes meeting1 or making satisfactory progress toward meeting1 ,state standards for all public elementary schools1 secondary schools1 and local educational agencies in the ,state1 in order to enable all public elementary school and secondary school students to meet the ,state's student academic achievement standards1 while working toward the goal of narrowing the achievement gaps in the ,state1 local educational agencies1 and schools4 7ii7 ,additional indicators ,if a ,state chooses to adopt additional indicators to be used in the determination regarding meeting ,state standards1 the ,state shall include a description of such indicators in the ,state plan4 7,c7 ,definition ,the term meeting ,state standards shall be defined by the ,state for purposes of this part in a manner that-- 7i7 applies the same high standards of academic achievement to all public elementary school and secondary school students in the ,state2 7ii7 is statistically valid and reliable2 7iii7 results in continuous and substantial academic improvement for all students2 7iv7 measures the progress of public elementary schools1 secondary schools1 and local educational agencies and the ,state based primarily on the academic assessments described in paragraph 7#c7 and other factors the ,state may adopt1 in accordance with subparagraph 7,b72 7v7 includes separate measurable annual objectives for continuous and substantial improvement for each of the following3 7,i7 ,the achievement of all public elementary school and secondary school students4 7,,ii7 ,the achievement of-- 7aa7 economically disadvantaged students2 7bb7 students from major racial and ethnic groups2 7cc7 students with disabilities2 and 7dd7 students with limited ,english proficiency2 except that disaggregation of data under subclause 7,,ii7 shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student2 7vi7 in accordance with subparagraph 7,d71 includes graduation rates for public secondary school students 7defined as the percentage of students who graduate from secondary school with a regular diploma in the standard number of years or1 for students who are children with disabilities1 within the time allotted by the ,individuals with ,disabilities ,education ,act7 and at least one other academic indicator1 as determined by the ,state for all public elementary school students2 and 7vii7 in accordance with subparagraph 7,d71 at the ,state's discretion1 may also include other academic indicators1 as determined by the ,state for all public school students1 measured separately for each group described in clause 7v71 such as achievement on additional ,state or locally administered assessments1 decreases in grade-to-grade retention rates1 attendance rates1 and changes in the percentages of students completing gifted and talented1 advanced placement1 and college preparatory courses4 7,d7 ,requirements for other indicators ,in carrying out subparagraph 7,c77vi7 and 7vii71 the ,state-- 7i7 shall ensure that the indicators described in those provisions are valid and reliable1 and are consistent with relevant1 nationally recognized professional and technical standards1 if any2 and 7ii7 except as provided in subparagraph 7,i77i71 may not use those indicators to reduce the number of1 or change1 the schools that would otherwise not meet or make satisfactory progress toward meeting ,state standards under section #aaaf if those additional indicators were not used1 but may use them to identify additional schools for school improvement4 7,e7 ,timeline ,each ,state shall establish a timeline for students in each subgroup described in subparagraph 7,c77v77,,ii7 in each school to meet or make substantial gains toward meeting ,state standards4 7,f7 ,measurable objectives ,each ,state shall establish statewide annual measurable objectives1 pursuant to subparagraph 7,c77v71 for meeting the requirements of this paragraph1 and which-- 7i7 shall be set separately for the assessments of mathematics and reading or language arts under paragraph 7#c72 7ii7 shall be the same for all schools and local educational agencies in the ,state2 7iii7 shall identify a single minimum percentage of students who are required to meet or exceed the proficient level on the academic assessments that applies separately to each group of students described in subparagraph 7,c77v72 7iv7 shall ensure that all students will meet or exceed the ,state's proficient level of academic achievement on the ,state assessments within the ,state's timeline under subparagraph 7,f72 and 7v7 may be the same for more than #a year1 subject to the requirements of subparagraph 7,h74 7,g7 ,intermediate goals for meeting ,state standards ,each ,state shall establish intermediate goals for meeting the requirements1 including the measurable objectives in subparagraph 7,f71 of this paragraph4 ,each ,state shall determine the rate of satisfactory progress toward meeting ,state standards that is acceptable4 ,a ,state may require schools to-- 7i7 increase proficiency rates by #ej percent for every subgroup described in subparagraph 7,c77v7 over a period of #f years2 7ii7 increase proficiency in annual increments that result in #ajj percent proficiency for all students in #f years2 or 7iii7 use another method that is educationally sound and results in ambitious but achievable progress toward ensuring that all students are prepared to succeed in college1 job training1 or work4 7,h7 ,annual improvement for schools ,each year1 the ,state shall determine whether-- 7i7 each group of students described in subparagraph 7,c77v7 has met or exceeded the objectives set by the ,state under subparagraph 7,f71 except that if any group described in subparagraph 7,c77v7 does not meet those objectives in any particular year1 the school shall be considered to have met ,state standards if students in that group who did not meet or exceed the proficient level of academic achievement on the ,state assessments under paragraph 7#c7 for that year have made at least one year's academic progress or have made substantial gains in meeting ,state standards1 as determined by the ,state in accordance with this paragraph2 and 7ii7 not less than #ie percent of each group of students described in subparagraph 7,c77v7 who are enrolled in the school are required to take the assessments1 consistent with paragraph 7#c77;,c77xi7 and with accommodations1 guidelines1 and alternative assessments provided in the same manner as those provided under section #fab7;a77#af77;,a7 of the ,individuals with ,disabilities ,education ,act and paragraph 7#c71 on which meeting ,state standards is based 7except that the #ie percent requirement described in this clause shall not apply in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student74 7,i7 ,uniform averaging procedure ,for the purpose of determining whether schools are meeting or making satisfactory progress toward meeting ,state standards1 the ,state may establish a uniform procedure for averaging data which includes one or more of the following3 7i7 ,the ,state may average data from the school year for which the determination is made with data from one or two school years immediately preceding that school year4 7ii7 ,until the assessments described in paragraph 7#c7 are administered in such manner and time to allow for the implementation of the uniform procedure for averaging data described in clause 7i71 the ,state may use the academic assessments that were required under paragraph 7#c7 as that paragraph was in effect on the day preceding the date of enactment of the ,educational ,accountability and ,state ,flexibility ,act of #bjac1 provided that nothing in this clause shall be construed to undermine or delay the determination of meeting ,state standards1 the requirements of section #aaaf1 or the implementation of assessments under this section4 7,j7 ,accountability for charter schools ,the accountability provisions under this ,act shall be overseen for charter schools in accordance with ,state charter school law4 7,k7 ,no approval required ,the ,state is not required to receive the approval of the ,secretary for a ,state plan under this paragraph4 7#c7 ,academic assessments 7,a7 ,in general ,each ,state plan shall demonstrate that the ,state educational agency1 in consultation with local educational agencies1 has implemented a set of high-quality1 yearly student academic assessments that include1 at a minimum1 academic assessments in mathematics1 reading or language arts1 and science that will be used as the primary means of determining the yearly performance of the ,state and of each local educational agency and school in the ,state in enabling all children to meet the ,state's challenging student academic achievement standards4 7,b7 ,use of assessments ,each ,state educational agency may incorporate the data from the assessments under this paragraph into a ,state-developed longitudinal data system that links student test scores1 length of enrollment1 graduation records over time1 and other data as the ,state may determine to be appropriate4 7,c7 ,requirements ,such assessments shall-- 7i7 be the same academic assessments used to measure the achievement of all children1 except for those students with significant cognitive disabilities for whom an alternative assessment would be appropriate2 7ii7 be aligned with the ,state's challenging academic content and student academic achievement standards1 and provide coherent information about student attainment of such standards2 7iii7 be used for purposes for which such assessments are valid and reliable1 and be consistent with relevant1 nationally recognized professional and technical standards2 7iv7 be used only if the ,state educational agency provides to the ,secretary evidence from the test publisher or other relevant sources that the assessments used are of adequate technical quality for each purpose required under this ,act and are consistent with the requirements of this section1 and such evidence is made public by the ,secretary upon request2 7v7 measure the achievement of all students against the challenging ,state academic content and student academic achievement standards in science and be administered not less than one time during-- 7,i7 grades #c through #e2 7,,ii7 grades #f through #i2 and 7,,iii7 grades #aj through #ab2 7vi7 involve multiple up-to-date measures of student academic achievement1 including measures that assess higher-order thinking skills and understanding2 7vii7 measure the achievement of all students against the challenging ,state academic content and student academic achievement standards in each of grades #c through #h in1 at a minimum1 mathematics1 and reading or language arts2 7viii7 at the discretion of the ,state1 measure the proficiency of students in academic subjects not described in clauses 7v71 7vi71 7vii7 in which the ,state has adopted challenging academic content and academic achievement standards2 7ix7 provide for-- 7,i7 the participation in such assessments of all students2 7,,ii7 the valid and reliable adaptations and accommodations necessary for students who are children with disabilities to measure the academic achievement of such students relative to ,state academic content and ,state student academic achievement standards2 and 7,,iii7 the inclusion of limited ,english proficient students1 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 proficiency as determined under paragraph 7#g72 7x7 notwithstanding clause 7ix77,,iii71 the academic assessment of reading or language arts1 mathematics1 and science shall be in ,english1 except that if the local educational agency determines1 on a case-by-case individual basis1 that academic assessments in another language or form would likely yield more accurate and reliable information on what such student knows and can do1 the local educational agency may make a determination to assess such student in the appropriate language other than ,english1 provided that such student has not yet reached a level of ,english language proficiency sufficient to yield valid and reliable information on what such student knows and can do on tests written in ,english2 7xi7 include students who have attended schools in a local educational agency for a full academic year but have not attended a single school for a full academic year1 except that the performance of students who have attended more than #a school in the local educational agency in any academic year shall be used only in determining the progress of the local educational agency2 7xii7 produce individual student interpretive1 descriptive1 and diagnostic reports1 consistent with clause 7iii7 that allow parents1 teachers1 and principals to understand and address the specific academic needs of students1 and include information regarding achievement on academic assessments aligned with ,state academic achievement standards1 and that are provided to parents1 teachers1 and principals1 as soon as is practicably possible after the assessment is given1 in an understandable and uniform format1 and to the extent practicable1 in a language that parents can understand2 7xiii7 enable results to be disaggregated within each ,state1 local educational agency1 and school by gender1 by each major racial and ethnic group1 by ,english proficiency status1 by migrant status1 by students with disabilities as compared to nondisabled students1 and by economically disadvantaged students as compared to students who are not economically disadvantaged1 except that1 in the case of a local educational agency or a school1 such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student2 7xiv7 be consistent with widely accepted professional testing standards1 objectively measure academic achievement1 knowledge1 and skills1 and be tests that do not evaluate or assess personal or family beliefs and attitudes1 or publicly disclose personally identifiable information2 and 7xv7 enable itemized score analyses to be produced and reported1 consistent with clause 7iii71 to local educational agencies and schools1 so that parents1 teachers1 principals1 and administrators can interpret and address the specific academic needs of students as indicated by the students' achievement on assessment items4 7#d7 ,special rule ,academic assessment measures in addition to those in paragraph 7#c7 that do not meet the requirements of such paragraph may be included in the assessment under paragraph 7#c7 as additional measures1 but may not be used in lieu of the academic assessments required under paragraph 7#c74 ,such additional assessment measures may not be used to reduce the number of or change the schools that would otherwise be determined to have not met ,state standards under section #aaaf if such additional indicators were not used1 but may be used to identify additional such schools4 7#e7 ,state authority ,if neither a ,state educational agency nor any other ,state government official1 agency1 or entity has sufficient authority1 under ,state law1 to adopt curriculum content and student academic achievement standards1 and academic assessments aligned with such academic standards1 which will be applicable to all students enrolled in the ,state's public elementary schools and secondary schools1 then the ,state educational agency may meet the requirements of this subsection by-- 7,a7 adopting academic standards and academic assessments that meet the requirements of this subsection1 on a statewide basis1 and limiting their applicability to students served under this part2 or 7,b7 adopting and implementing policies that ensure that each local educational agency in the ,state that receives grants under this part will adopt curriculum content and student academic achievement standards1 and academic assessments aligned with such standards1 which-- 7i7 meet all of the criteria in this subsection and any regulations regarding such standards and assessments that the ,secretary may publish2 and 7ii7 are applicable to all students served by each such local educational agency4 7#f7 ,language assessments ,each ,state plan shall identify the languages other than ,english that are present in the participating student population and indicate the languages for which yearly student academic assessments are not available and are needed4 ,the ,state shall make every effort to develop such assessments and may request assistance from the ,secretary1 an institution of higher education1 tribes1 or other entities1 if linguistically accessible academic assessment measures are needed4 ,upon request1 the ,secretary shall assist with the identification of appropriate academic assessment measures in the needed languages1 but shall not mandate a specific academic assessment or mode of instruction4 7#g7 ,academic assessments of english language proficiency ,each ,state plan shall demonstrate that local educational agencies in the ,state will provide for an annual assessment of ,english proficiency 7measuring students' oral language1 reading1 and writing skills in ,english7 of all students with limited ,english proficiency in the schools served by the ,state educational agency4 7#h7 ,requirement ,each ,state plan shall describe-- 7,a7 how the ,state educational agency will assist each local educational agency and school affected by the ,state plan to develop the capacity to comply with each of the requirements of sections #aaab7;c77#a77;,d71 #aaad7;b71 and #aaae7;c7 that is applicable to such agency or school2 7,b7 how the ,state educational agency will assist each local educational agency and school affected by the ,state plan to provide additional educational assistance to individual students assessed as needing help to achieve the ,state's challenging academic achievement standards2 7,c7 the specific steps the ,state educational agency will take to ensure that both schoolwide programs and targeted assistance schools provide instruction by highly effective instructional staff as required by sections #aaad7;b77#a77;,c7 and #aaae7;c77#a77;,e71 including steps that the ,state educational agency will take to ensure that poor and minority children are not taught at higher rates than other children by inexperienced1 unqualified1 or out-of-field teachers1 and the measures that the ,state educational agency will use to evaluate and publicly report the progress of the ,state educational agency with respect to such steps2 7,d7 an assurance that the ,state educational agency will assist local educational agencies in developing or identifying high-quality effective curricula aligned with ,state academic achievement standards and how the ,state educational agency will disseminate such curricula to each local educational agency and school within the ,state2 and 7,e7 such other factors the ,state educational agency determines appropriate to provide students an opportunity to achieve the knowledge and skills described in the challenging academic content standards adopted by the ,state4 7#i7 ,use of academic assessment results to improve student academic achievement ,each ,state plan shall describe how the ,state educational agency will ensure that the results of the ,state assessments described in paragraph 7#c7-- 7,a7 will be promptly provided to local educational agencies1 schools1 and teachers1 and to tribes and ,native organizations that provide educational services to ,american ,indian or ,alaska ,natives in a manner that is clear and easy to understand1 but not later than before the beginning of the next school year2 and 7,b7 be used by those local educational agencies1 schools1 and teachers to improve the educational achievement of individual students4 7c7 ,other provisions to support teaching and learning ,each ,state plan shall contain assurances that-- 7#a7 the ,state educational agency will meet the requirements of subsection 7g77#a7 and1 will produce the annual ,state report cards described in such subsection2 7#b7 the ,state will participate in biennial ,state academic assessments of #dth and #hth grade reading and mathematics under the ,national ,assessment of ,educational ,progress carried out under section #cjc7;b77#b7 of the ,national ,assessment of ,educational ,progress ,authorization ,act if the ,secretary pays the costs of administering such assessments2 7#c7 the ,state educational agency1 in consultation with the ,governor1 will include1 as a component of the ,state plan1 a plan to carry out the responsibilities of the ,state under sections #aaaf and #aaag1 including carrying out the ,state educational agency's statewide system of technical assistance and support for local educational agencies2 7#d7 the ,state educational agency will work with other agencies1 including educational service agencies or other local consortia1 and institutions to provide technical assistance to local educational agencies and schools1 including technical assistance in providing professional development under section #aaai1 technical assistance under section #aaag1 and technical assistance relating to parental involvement under section #aaah2 7#e7 7,a7 where educational service agencies exist1 the ,state educational agency will consider providing professional development and technical assistance through such agencies2 and 7,b7 where educational service agencies do not exist1 the ,state educational agency will consider providing professional development and technical assistance through other cooperative agreements such as through a consortium of local educational agencies2 7#f7 the ,state educational agency will notify local educational agencies and the public of the content and student academic achievement standards and academic assessments developed under this section1 and of the authority to operate schoolwide programs1 and will fulfill the ,state educational agency's responsibilities regarding school improvement under section #aaaf1 including such corrective actions as are necessary2 7#g7 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#h7 the ,state educational agency will inform the ,secretary and the public of how ,federal laws1 if at all1 hinder the ability of ,states to hold local educational agencies and schools accountable for student academic achievement2 7#i7 the ,state educational agency will encourage schools to consolidate funds from other ,federal1 ,state1 and local sources for schoolwide reform in schoolwide programs under section #aaad2 7#aj7 the ,state educational agency will modify or eliminate ,state fiscal and accounting barriers so that schools can easily consolidate funds from other ,federal1 ,state1 and local sources for schoolwide programs under section #aaad2 7#aa7 the ,state educational agency has involved the committee of practitioners established under section #aijc7;b7 in developing the plan and monitoring its implementation2 7#ab7 the ,state educational agency will inform local educational agencies in the ,state of the local educational agency's authority to transfer funds under title ,,vi1 to obtain waivers under part ,d of title ,,ix1 and1 if the ,state is an ,ed-,flex ,partnership ,state1 to obtain waivers under the ,education ,flexibility ,partnership ,act of #aiii2 7#ac7 the ,state educational agency will coordinate activities funded under this part with other ,federal activities as appropriate2 7#ad7 the ,state educational agency will encourage local educational agencies and individual schools participating in a program assisted under this part to offer family literacy services 7using funds under this part71 if the agency or school determines that a substantial number of students served under this part by the agency or school have parents who do not have a secondary school diploma or its recognized equivalent or who have low levels of literacy2 and 7#ae7 the ,state educational agency has engaged in timely and meaningful consultation with representatives of ,indian tribes and ,native organizations that may be located in the ,state in the development of the ,state plan to serve local educational agencies under its jurisdiction in order to improve the coordination of activities under this ,act1 to meet the purpose of this title1 and to meet the unique cultural1 language1 and educational needs of ,american ,indian1 ,alaska ,native1 and ,native ,hawaiian students4 7d7 ,parental involvement ,each ,state plan shall describe how the ,state educational agency will support the collection and dissemination to local educational agencies and schools of effective parental involvement practices4 ,such practices shall-- 7#a7 be based on the most current research that meets the highest professional and technical standards1 on effective parental involvement that fosters achievement to high standards for all children2 and 7#b7 be geared toward lowering barriers to greater participation by parents in school planning1 review1 and improvement experienced4 7e7 ,peer review 7#a7 ,secretarial duties ,the ,secretary shall-- 7,a7 establish a peer-review process to assist in the review of ,state plans2 and 7,b7 appoint individuals to the peer-review process who are representative of parents1 teachers1 ,state educational agencies1 and local educational agencies1 and1 where applicable1 representatives of tribes or tribal organizations who are familiar with educational standards1 assessments1 accountability1 the needs of low-performing schools1 and other educational needs of students4 7#b7 ,peer review report ,the peer review panel will provide their views on whether the ,state's plan complies with the requirements of this section and the degree to which it is likely to improve the academic achievement of all students to the ,secretary and to the ,state4 ,the ,secretary shall make the peer review panel's report public and shall provide copies to the ,committee on ,health1 ,education ,labor1 and ,pensions of the ,senate and the ,education and ,workforce ,committee of the ,house of ,representatives4 7#c7 ,approval ,the ,secretary shall approve a ,state plan within #abj days of its submission unless the ,secretary determines that the ,state has not included all required information in its plan4 7#d7 ,opportunity to revise ,if the ,secretary determines that the ,state has not included all required information in its ,state plan1 the ,secretary shall offer the ,state the opportunity to revise its plan4 ,a ,state educational agency shall revise its ,state plan to include all required information in order to receive funds under subpart #b4 7#e7 ,limits to ,secretary's power ,the ,secretary shall not have the authority to disapprove how the ,state plans to fulfill the requirements of this section1 nor shall the ,secretary have the authority to require a ,state1 as a condition of approval1 funding1 or priority for funding under this ,act1 to include or delete from the ,state plan #a or more elements associated with the ,state's standards1 curriculum1 or assessments4 7f7 ,duration of the plan 7#a7 ,in general ,each ,state plan shall-- 7,a7 remain in effect for the duration of the ,state's participation under this part2 and 7,b7 be periodically reviewed and revised as necessary by the ,state educational agency to reflect changes in the ,state's strategies and programs under this part4 7#b7 ,additional information ,if significant changes are made to a ,state's plan1 such as the adoption of new ,state academic content standards and ,state student achievement standards1 new academic assessments1 or a new definition of meeting ,state standards1 such information shall be submitted to the ,secretary4 ,the ,secretary shall have no authority to approve or disapprove such changes4 7g7 ,reports 7#a7 ,annual ,state report card 7,a7 ,in general ,a ,state that receives assistance under this part shall prepare and disseminate an annual ,state report card to the public4 7,b7 ,implementation ,the ,state report card shall be-- 7i7 concise2 and 7ii7 presented in an understandable and uniform format and1 to the extent practicable1 provided in a language that parents and the community can understand4 7,c7 ,required information ,the ,state shall include in its annual ,state report card-- 7i7 a clear and concise description of the ,state's accountability system1 including a description of the criteria by which the ,state evaluates school performance1 and the criteria that the ,state has established1 consistent with subsection 7b77#b7 and section #aaaf1 to determine the status of schools in the ,state's multi-tiered system2 7ii7 information1 in the aggregate1 on student achievement at each proficiency level on the ,state academic assessments described in subsection 7b77#c7 7disaggregated by race1 ethnicity1 gender1 disability status1 migrant status1 ,english proficiency1 and status as economically disadvantaged1 except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student72 7iii7 information that provides a comparison between the actual achievement levels of each group of students described in subsection 7b77#b77;,c77v7 and the ,state's annual measurable objectives for each such group of students on each of the academic assessments required under this part2 7iv7 the percentage of students not tested 7disaggregated by the same categories and subject to the same exception described in clause 7i772 7v7 the most recent #b-year trend in student achievement in each subject area1 and for each grade level1 for which assessments under this section are required2 7vi7 aggregate information on any other indicators used by the ,state to determine whether students have met or are making satisfactory progress toward meeting ,state standards2 7vii7 graduation rates for secondary school students consistent with subsection 7b77#b77;,c77vi72 7viii7 information on the performance of local educational agencies and schools in the ,state regarding whether such agencies and schools have met or are making satisfactory progress toward meeting ,state standards1 including the names of each school identified in each tier under section #aaaf7;c72 and 7ix7 the professional qualifications of teachers in the ,state1 the percentage of such teachers teaching with emergency or provisional credentials1 and the percentage of classes in the ,state not taught by highly effective teachers1 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 ,state4 7,d7 ,optional information ,the ,state may include in its annual ,state report card other information as the ,state believes will best provide parents1 students1 and other members of the public with information regarding the progress of each of the ,state's public elementary schools and public secondary schools1 such as the following3 7i7 ,school attendance rates4 7ii7 ,average class size in each grade4 7iii7 ,academic achievement and gains in ,english proficiency of limited ,english proficient students4 7iv7 ,the incidence of school violence1 drug abuse1 alcohol abuse1 student suspensions1 and student expulsions4 7v7 ,the extent and type of parental involvement in the schools4 7vi7 ,the percentage of students completing advanced placement or dual enrollment courses1 and the rate of passing of advanced placement tests4 7#b7 ,annual local educational agency report cards to the public 7,a7 ,report cards ,a local educational agency that receives assistance under this part shall prepare and disseminate an annual local educational agency report card4 7,b7 ,minimum requirements ,the ,state educational agency shall ensure that each local educational agency collects appropriate data and includes in the local educational agency's annual report 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 agency-- 7,i7 the number and percentage of schools identified in each tier under section #aaaf7;c7 and how long the schools have been so identified2 and 7,,ii7 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 school-- 7,i7 the tier the school is in under section #aaaf2 and 7,,ii7 information that shows how the school's students achievement on the statewide academic assessments and other indicators of meeting ,state standards compared to students in the local educational agency and the ,state as a whole4 7,c7 ,other information ,a local educational agency may include in its annual local educational agency report card any other appropriate information1 whether or not such information is included in the annual ,state report card4 7,d7 ,data ,a local educational agency or school shall only include in its annual local educational agency report card data that are sufficient to yield statistically reliable information1 as determined by the ,state1 and that do not reveal personally identifiable information about an individual student4 7,e7 ,public dissemination ,the local educational agency shall publicly disseminate the information described in this paragraph to all schools in the school district served by the local educational agency and to all parents of students attending those schools in an understandable and uniform format and1 to the extent practicable1 provided in a language that the parents can understand1 and make the information widely available through public means1 such as posting on the ,internet1 distribution to the media1 and distribution through public agencies1 except that if a local educational agency issues a report card for all students1 the local educational agency may include the information under this section as part of such report4 7#c7 ,preexisting report cards ,a ,state educational agency or local educational agency 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 ,educational ,accountability and ,state ,flexibility ,act of #bjac may use those report cards for the purpose of this subsection1 so long as any such report card is modified1 as may be needed1 to contain the information required by this subsection4 7#d7 ,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 by subsection 7b77#c71 including the disaggregated results for the categories of students identified in subsection 7b77#b77;,c77v72 7,b7 information on the acquisition of ,english language proficiency by children with limited ,english proficiency2 7,c7 the number and names of each school in the tiers described in paragraphs 7#b71 7#c71 and 7#d7 of section #aaaf7;c71 the reason why each school was so identified1 and the measures taken to address the achievement problems of such schools2 7,d7 the number of students and schools that participated in public school choice and supplemental service programs and activities under this title2 and 7,e7 information on the quality of teachers and the percentage of classes being taught by highly effective teachers in the ,state and in each local educational agency and school4 7#e7 ,report to congress ,the ,secretary shall transmit annually to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate a report that provides national and ,state-level data on the information collected under paragraph 7#d74 7#f7 ,parents right-to-know 7,a7 ,qualifications ,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 ,the baccalaureate degree major of the teacher and any other graduate certification or degree held by the teacher1 and the field of discipline of the certification or degree4 7iv7 ,whether the child's teacher is highly effective under the definition adopted by the ,state4 7v7 ,whether the child is provided services by paraprofessionals and1 if so1 their qualifications4 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 information on the level of achievement of the parent's child in each of the ,state academic assessments as required under this part4 7,c7 ,format ,the notice and information provided to parents under this paragraph shall be in an understandable and uniform format and1 to the extent practicable1 provided in a language that the parents can understand4 7h7 ,privacy ,information collected under this section shall be collected and disseminated in a manner that protects the privacy of individuals4 7i7 ,technical assistance ,the ,secretary shall provide a ,state educational agency1 at the ,state educational agency's request1 technical assistance in meeting the requirements of this section4 7j7 ,voluntary partnerships ,a ,state may enter into a voluntary partnership with another ,state to develop and implement the academic assessments and standards required under this section4 7k7 ,construction ,nothing in this part shall be construed to prescribe the use of the academic assessments described in this part for student promotion or graduation purposes4 7l7 ,special rule with respect to bureau-funded schools ,in determining the assessments to be used by each operated or funded by ,,bia school receiving 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 assessment1 in consultation with 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 coordinated with other programs under this ,act1 the ,individuals with ,disabilities ,education ,act1 the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf1 the ,mc,kinney-,vento ,homeless ,assistance ,act1 and other ,acts1 as appropriate4 7#b7 ,consolidated application ,the plan may be submitted as part of a consolidated application under section #icje4 7b7 ,plan provisions 7#a7 ,in general ,in order to help low-achieving children meet challenging achievement academic standards1 each local educational agency plan shall include-- 7,a7 a description of high-quality student academic assessments1 if any1 that are in addition to the academic assessments described in the ,state plan under section #aaaa7;b77#c71 that the local educational agency and schools served under this part will use-- 7i7 to determine the success of children served under this part in meeting the ,state student academic achievement standards1 and to provide information to teachers1 parents1 and students on the progress being made toward meeting the ,state student academic achievement standards described in section #aaaa7;b77#a77;,d77ii72 7ii7 to assist in diagnosis1 teaching1 and learning in the classroom in ways that best enable low-achieving children served under this part to meet ,state student achievement academic standards and do well in the local curriculum2 7iii7 to determine what revisions are needed to projects under this part so that such children meet the ,state student academic achievement standards2 and 7iv7 to identify effectively students who may be at risk for reading failure or who are having difficulty reading1 through the use of screening1 diagnostic1 and classroom-based instructional reading assessments1 as defined under section #abjh2 7,b7 at the local educational agency's discretion1 a description of any other indicators that will be used in addition to the academic indicators described in section #aaaa7;b77#b7 for the uses described in such section2 7,c7 a description of how the local educational agency will provide additional educational assistance to individual students assessed as needing help in meeting the ,state's challenging student academic achievement standards2 7,d7 a description of the strategy the local educational agency will use to coordinate programs under this part with programs under title ,,ii to provide professional development for teachers and principals1 and1 if appropriate1 pupil services personnel1 administrators1 parents and other staff1 including local educational agency level staff in accordance with sections #aaah and #aaai2 7,e7 a description of how the local educational agency will coordinate and integrate services provided under this part with other educational services at the local educational agency or individual school level1 such as-- 7i7 ,head ,start and other preschool programs1 including plans for the transition of participants in such programs to local elementary school programs2 and 7ii7 services for-- 7,i7 children with limited ,english proficiency1 7,,ii7 children with disabilities2 7,,iii7 migratory children2 7,,iv7 neglected or delinquent youth2 7,v7 ,american ,indian1 ,alaska ,native1 and ,native ,hawaiian children2 7,,vi7 homeless children2 and 7,,vii7 immigrant children1 in order to increase program effectiveness1 eliminate duplication1 and reduce fragmentation of the instructional program2 7,f7 an assurance that the local educational agency will participate1 if selected1 in the ,state ,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 ,act2 7,g7 a description of the poverty criteria that will be used to select school attendance areas under section #aaac2 7,h7 a description of how teachers1 in consultation with parents1 administrators1 and pupil services personnel1 in targeted assistance schools under section #aaae1 will identify the eligible children most in need of services under this part2 7,i7 a general description of the nature of the programs to be conducted by such agency's schools under sections #aaad and #aaae and1 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,j7 a description of how the local educational agency will 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,k7 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 services may be provided directly by the local educational agency or through a subcontract with the local ,head ,start agency designated by the ,secretary of ,health and ,human ,services under section #fda of the ,head ,start ,act1 or another comparable public early childhood development program2 7,l7 a description of the actions the local educational agency will take to assist its low-achieving schools identified in the tiers described in paragraphs 7#b71 7#c71 and 7#d7 of section #aaaf7;c72 7,m7 a description of the actions the local educational agency will take to implement public school choice and supplemental services1 if applicable1 consistent with the requirements of section #aaaf7;c72 7,n7 a description of how the local educational agency will meet the requirements of section #aaai2 7,o7 a description of the services the local educational agency will provide homeless children1 including services provided with funds reserved under section #aaac7;c77#c77;,a72 7,p7 a description of the strategy the local educational agency will use to implement effective parental involvement under section #aaah2 7,q7 where appropriate1 a description of how the local educational agency will use funds under this part to support after school 7including before school and summer school7 and school-year extension programs2 and 7,r7 where applicable1 a description of the procedure that the local educational agency will use to engage in timely1 ongoing1 and meaningful consultation with representatives of ,indian tribes and ,native organizations located in the area served by the local educational agency1 in the development of the local plan in order to improve the coordination of activities under this ,act1 to meet the purposes of this title1 and to meet the unique cultural1 language1 and educational needs of ,american ,indian1 ,alaska ,native1 and ,native ,hawaiian students4 7#b7 ,exception ,the academic assessments and indicators described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 shall not be used-- 7,a7 in lieu of the academic assessments required under section #aaaa7;b77#c7 and other ,state academic indicators under section #aaaa7;b77#b72 or 7,b7 to reduce the number of1 or change which1 schools would otherwise be identified in the tiers described in paragraphs 7#b71 7#c71 or 7#d7 of section #aaaf7;c71 if such additional assessments or indicators described in such subparagraphs were not used1 but such assessments and indicators may be used to identify additional schools for school improvement4 7c7 ,assurances 7#a7 ,in general ,each local educational agency plan shall provide assurances that the local educational agency will-- 7,a7 inform eligible schools and parents of schoolwide program authority and the ability of such schools to consolidate funds from ,federal1 ,state1 and local sources2 7,b7 provide technical assistance and support to schoolwide programs2 7,c7 work in consultation with schools as the schools develop the schools' plans pursuant to section #aaad and assist schools as the schools implement such plans or undertake activities pursuant to section #aaae so that each school can meet1 or make satisfactory progress toward meeting1 ,state standards2 7,d7 fulfill such agency's school improvement responsibilities under section #aaaf1 including taking actions under subsections 7c71 7d71 and 7f7 of section #aaaf2 7,e7 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 7,f7 take into account the experience of model programs for the educationally disadvantaged1 and the findings of relevant scientifically based research indicating that services may be most effective if focused on students in the earliest grades at schools that receive funds under this part2 7,g7 in the case of a local educational agency that chooses to use funds under this part to provide early childhood development services to low-income children below the age of compulsory school attendance1 ensure that such services comply with the education performance standards in effect under section #fda;,a7a77#a77;,b7 of the ,head ,start ,act or the ,state's early learning standards2 7,h7 work in consultation with schools as the schools develop and implement their plans or activities under sections #aaah and #aaai2 7,i7 comply with the requirements of section #aaai regarding the qualifications of teachers and paraprofessionals and professional development2 7,j7 inform eligible schools of the local educational agency's authority to obtain waivers on the school's behalf under title ,,ix and1 if the ,state is an ,ed-,flex ,partnership ,state1 to obtain waivers under the ,education ,flexibility ,partnership ,act of #aiii2 7,k7 coordinate and collaborate1 to the extent feasible and necessary as determined by the local educational agency1 with the ,state educational agency1 other agencies1 and representatives of ,indian tribes and ,native organizations present in the area served providing services to children1 youth1 and families with respect to a school that has been identified in a tier described in paragraph 7#b71 7#c71 or 7#d7 of section #aaaf7;c7 if such a school requests assistance from the local educational agency in addressing major factors that have significantly affected student achievement at the school2 7,l7 ensure1 through incentives for voluntary transfers1 the provision of professional development1 recruitment programs1 or other effective strategies1 that low-income students and minority students are not taught at higher rates than other students by unqualified1 out-of-field1 or inexperienced teachers2 7,m7 use the results of the student academic assessments required under section #aaaa7;b77#c71 and other measures or indicators available to the agency1 to review annually the progress of each school served by the agency and receiving funds under this part to determine whether all of the schools are meeting or making satisfactory progress toward meeting ,state standards as determined by the ,state2 7,n7 ensure that the results from the academic assessments required under section #aaaa7;b77#c7 will be provided to parents and teachers as soon as is practicably possible after the test is taken1 in an understandable and uniform format and1 to the extent practicable1 provided in a language that the parents can understand2 7,o7 assist each school served by the agency and assisted under this part in developing or identifying examples of high-quality1 effective curricula consistent with section #aaaa7;b77#h77;,d72 and 7,p7 engage in timely and meaningful consultation with representatives of ,indian tribes and ,native organizations located in the area served by the local educational agency4 7#b7 ,special rule ,in carrying out subparagraph 7,g7 of paragraph 7#a71 the ,secretary-- 7,a7 shall consult with the ,secretary of ,health and ,human ,services and shall establish procedures 7taking into consideration existing ,state and local laws1 and local teacher contracts7 to assist local educational agencies to comply with such subparagraph2 and 7,b7 shall disseminate to local educational agencies the education performance standards in effect under section #fda;,a7a77#a77;,b7 of the ,head ,start ,act1 and such agencies affected by such subparagraph shall plan for the implementation of such subparagraph 7taking into consideration existing ,state and local laws1 and local teacher contracts71 including pursuing the availability of other ,federal1 ,state1 and local funding sources to assist in compliance with such subparagraph4 7d7 ,plan development and duration 7#a7 ,consultation ,each local educational agency plan shall be developed in consultation with teachers1 principals1 administrators 7including administrators of programs described in other parts of this title71 other appropriate school personnel1 representatives of local ,indian tribes and ,native organizations located in the area served by the local educational agency1 and parents of children in schools served under this part4 7#b7 ,duration ,each such plan shall be submitted for the first year for which this part is in effect following the date of enactment of the ,educational ,accountability and ,state ,flexibility ,act of #bjac and shall remain in effect for the duration of the agency's participation under this part4 7#c7 ,review ,each local educational agency shall periodically review and1 as necessary1 revise its plan4 7e7 ,state approval 7#a7 ,in general ,each local educational agency plan shall be filed according to a schedule established by the ,state educational agency4 7#b7 ,approval ,the ,state educational agency shall approve a local educational agency's plan only if the ,state educational agency determines that the local educational agency's plan-- 7,a7 enables schools served under this part to substantially help children served under this part meet the academic standards expected of all children described in section #aaaa7;b77#a72 and 7,b7 meets the requirements of this section4 7#c7 ,review ,the ,state educational agency shall review the local educational agency's plan to determine if such agencies activities are in accordance with sections #aaah and #aaai4 7f7 ,program responsibility ,the local educational agency plan shall reflect the shared responsibility of schools1 teachers1 and the local educational agency in making decisions regarding activities under sections #aaad and #aaae4 7g7 ,parental notification 7#a7 ,notice ,each local educational agency using funds under this part to provide a language instruction educational program as determined in part ,c of title ,,iii shall1 not later than #cj days after the beginning of the school year1 inform a parent or parents of a limited ,english proficient child identified for participation or participating in1 such a program of-- 7,a7 the reasons for the identification of their child as limited ,english proficient and in need of placement in a language instruction educational program2 7,b7 the child's level of ,english proficiency1 how such level was assessed1 and the status of the child's academic achievement2 7,c7 the methods of instruction used in the program in which their child is1 or will be participating1 and the methods of instruction used in other available programs1 including how such programs differ in content1 instructional goals1 and the use of ,english and a native language in instruction2 7,d7 how the program in which their child is1 or will be participating1 will meet the educational strengths and needs of their child2 7,e7 how such program will specifically help their child learn ,english1 and meet age-appropriate academic achievement standards for grade promotion and graduation2 7,f7 the specific exit requirements for the program1 including the expected rate of transition from such program into classrooms that are not tailored for limited ,english proficient children1 and the expected rate of graduation from secondary school for such program if funds under this part are used for children in secondary schools2 7,g7 in the case of a child with a disability1 how such program meets the objectives of the individualized education program of the child2 7,h7 information pertaining to parental rights that includes written guidance-- 7i7 detailing-- 7,i7 the right that parents have to have their child immediately removed from such program upon their request2 and 7,,ii7 the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction1 if available2 and 7ii7 assisting parents in selecting among various programs and methods of instruction1 if more than one program or method is offered by the eligible entity4 7#b7 ,notice ,the notice and information provided in paragraph 7#a7 to a parent or parents of a child identified for participation in a language instruction educational program for limited ,english proficient children shall be in an understandable and uniform format and1 to the extent practicable1 provided in a language that the parents can understand4 7#c7 ,special rule applicable during the school year ,for those children who have not been identified as limited ,english proficient prior to the beginning of the school year the local educational agency shall notify parents within the first #b weeks of the child being placed in a language instruction educational program consistent with paragraphs 7#a7 and 7#b74 7#d7 ,parental participation ,each local educational agency receiving funds under this part shall implement an effective means of outreach to parents of limited ,english proficient students 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#e7 ,basis for admission or exclusion ,a student shall not be admitted to1 or excluded from1 any ,federally assisted education program on the basis of a surname or language-minority status4 #aaac4 ,eligible school attendance areas 7a7 ,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 ,for the purposes of this part-- 7,a7 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 7,b7 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 subsection 7c7 are insufficient to serve all eligible school attendance areas1 a local educational agency shall-- 7,a7 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 7,b7 serve such eligible school attendance areas in rank order4 7#d7 ,remaining funds ,if funds remain after serving all eligible school attendance areas under paragraph 7#c71 a local educational agency shall-- 7,a7 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 7,b7 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 free and reduced priced lunches 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-- 7,a7 to identify eligible school attendance areas2 7,b7 to determine the ranking of each area2 and 7,c7 to determine allocations under subsection 7c74 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 subsections 7a7 and 7c71 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-- 7,a7 the number of economically disadvantaged children enrolled in the school is at least #be percent of the school's total enrollment2 and 7,b7 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 7b7 ,local educational agency discretion 7#a7 ,in general ,notwithstanding subsection 7a77#b71 a local educational agency may-- 7,a7 designate as eligible any school attendance area or school in which at least #ce percent of the children are from low-income families2 7,b7 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 7,c7 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 7,d7 elect not to serve an eligible school attendance area or eligible school that has a higher percentage of children from low-income families if-- 7i7 the school meets the comparability requirements of section #aabj;,a7c72 7ii7 the school is receiving supplemental funds from other ,state or local sources that are spent according to the requirements of section #aaad or #aaae2 and 7iii7 the funds expended from such other sources equal or exceed the amount that would be provided under this part4 7#b7 ,special rule ,notwithstanding paragraph 7#a77;,d71 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 7c7 ,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 subsections 7a7 and 7b71 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 7,a7 ,in general ,except as provided in subparagraph 7,b71 the per-pupil amount of funds allocated to each school attendance area or school under paragraph 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 paragraph shall not apply to a local educational agency that only serves schools in which the percentage of such children is #ce percent or greater4 7,b7 ,exception ,a local educational agency may reduce the amount of funds allocated under subparagraph 7,a7 for a school attendance area or school by the amount of any supplemental ,state and local funds expended in that school attendance area or school for programs that meet the requirements of section #aaad or #aaae4 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-- 7,a7 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 7,b7 children in local institutions for neglected children2 and 7,c7 if appropriate1 children in local institutions for delinquent children1 and neglected or delinquent children in community day school programs4 7#d7 ,financial incentives and rewards reservation ,a local educational agency may reserve such funds as are necessary from those funds received by the local educational agency under title ,,ii1 and not more than #e percent of those funds received by the local educational agency under subpart #b1 to provide financial incentives and rewards to teachers who serve in schools eligible under this section and identified in a tier described in paragraph 7#b71 7#c71 or 7#d7 of section #aaaf7;c7 for the purpose of attracting and retaining qualified and effective teachers4 #aaad4 ,schoolwide programs 7a7 ,use of funds for 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 7,a7 ,in general ,no school participating in a schoolwide program shall be required-- 7i7 to identify particular children under this part as eligible to participate in a schoolwide program2 or 7ii7 to provide services to such children that are supplementary1 as otherwise required by section #aabj;,a7b74 7,b7 ,supplemental funds ,a school participating in a schoolwide program shall use funds available to carry out this section 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 with limited ,english proficiency4 7#c7 ,exemption from statutory and regulatory requirements 7,a7 ,exemption ,except as provided in subsection 7b71 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 7,b7 ,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 maintenance of effort1 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 7,c7 ,records ,a school that consolidates and uses funds from different ,federal programs under this section 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 ,professional development ,each school receiving funds under this part for any fiscal year shall devote sufficient resources to effectively carry out the activities described in subsection 7b77#a77;,d7 in accordance with section #aaai for such fiscal year1 except that a school may enter into a consortium with another school to carry out such activities4 7b7 ,components of a schoolwide program 7#a7 ,in general ,a schoolwide program shall include the following components3 7,a7 ,a comprehensive needs assessment of the entire school 7including taking into account the needs of migratory children as defined in section #acji7b77 that is based on information which includes the achievement of children in relation to the ,state academic content standards and the ,state student academic achievement standards described in section #aaaa7;b77#a74 7,b7 ,schoolwide reform strategies that-- 7i7 provide opportunities for all children to meet the ,state's proficient and advanced levels of student academic achievement described in section #aaaa7;b77#a77;,d72 7ii7 use effective methods and instructional strategies that are based on scientifically based research that-- 7,i7 strengthen the core academic program in the school2 7,,ii7 increase the amount and quality of learning time1 such as providing an extended school year and before- and after-school and summer programs and opportunities1 and help provide an enriched and accelerated curriculum2 and 7,,iii7 include strategies for meeting the educational needs of historically underserved populations2 7iii7 7,i7 include strategies to address the needs of all children in the school1 but particularly the needs of low-achieving children and those at risk of not meeting the ,state student academic achievement standards who are members of the target population of any program that is included in the schoolwide program1 which may include-- 7aa7 counseling1 pupil services1 and mentoring services2 7bb7 college and career awareness and preparation1 such as college and career guidance1 personal finance education1 and innovative teaching methods1 which may include applied learning and team-teaching strategies2 and 7cc7 the integration of career and technical education1 arts1 and physical education programs2 and 7,,ii7 address how the school will determine if such needs have been met2 and 7iv7 are consistent with1 and are designed to implement1 the ,state and local improvement plans1 if any4 7,c7 ,instruction by highly effective teachers4 7,d7 ,in accordance with section #aaai and subsection 7a77#d71 high-quality and ongoing professional development for teachers1 principals1 and paraprofessionals and1 if appropriate1 pupil services personnel1 parents1 and other staff to enable all children in the school to meet the ,state's student academic achievement standards4 7,e7 ,strategies to attract high-quality highly effective teachers to high-need schools4 7,f7 ,strategies to increase parental involvement in accordance with section #aaah1 such as family literary services4 7,g7 ,plans for assisting preschool children in the transition from early childhood programs1 such as ,head ,start or a ,state-run preschool program1 to local elementary school programs4 7,h7 ,measures to include teachers in the decisions regarding the use of academic assessments described in section #aaaa7;b77#c7 in order to provide information on1 and to improve1 the achievement of individual students and the overall instructional program4 7,i7 ,activities to ensure that students who experience difficulty mastering the proficient or advanced levels of academic achievement standards required by section #aaaa7;b77#a7 shall be provided with effective1 timely additional assistance which shall include measures to ensure that students' difficulties are identified on a timely basis and to provide sufficient information on which to base effective assistance4 7,j7 ,coordination and integration of ,federal1 ,state1 and local services and programs1 including programs supported under this ,act1 violence prevention programs1 nutrition programs1 housing programs1 ,head ,start1 adult education1 vocational and technical education1 and job training4 7#b7 ,plan 7,a7 ,in general ,any eligible school that desires to operate a schoolwide program shall first develop 7or amend a plan for such a program that was in existence on the day before the date of enactment of the ,educational ,accountability and ,state ,flexibility ,act of #bjac71 in consultation with the local educational agency and its school support team or other technical assistance provider under section #aaag1 a comprehensive plan for reforming the total instructional program in the school that-- 7i7 describes how the school will implement the components described in paragraph 7#a72 7ii7 describes how the school will use resources under this part and from other sources to implement those components2 7iii7 includes a list of ,state educational agency and local educational agency programs and other ,federal programs under subsection 7a77#c7 that will be consolidated in the schoolwide program2 and 7iv7 describes how the school will provide individual student academic assessment results in a language the parents can understand1 including an interpretation of those results1 to the parents of a child who participates in the academic assessments required by section #aaaa7;b77#c74 7,b7 ,plan development ,the comprehensive plan shall be-- 7i7 developed during a one-year period1 unless-- 7,i7 the local educational agency1 after considering the recommendation of the technical assistance providers under section #aaag1 determines that less time is needed to develop and implement the schoolwide program2 or 7,,ii7 the school is operating a schoolwide program on the day preceding the date of enactment of the ,educational ,accountability and ,state ,flexibility ,act of #bjac1 in which case such school may continue to operate such program1 but shall develop amendments to its existing plan during the first year of assistance after that date to reflect the provisions of this section2 7ii7 developed with the involvement of parents and other members of the community to be served and individuals who will carry out such plan1 including teachers1 principals1 and administrators 7including administrators of programs described in other parts of this title71 and1 if appropriate1 pupil services personnel1 technical assistance providers1 school staff1 and1 if the plan relates to a secondary school1 students from such school2 7iii7 in effect for the duration of the school's participation under this part and reviewed and revised1 as necessary1 by the school2 7iv7 available to the local educational agency1 parents1 and the public1 and the information contained in such plan shall be in an understandable and uniform format and1 to the extent practicable1 provided in a language that the parents can understand2 and 7v7 if appropriate1 developed in coordination with programs under the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf and the ,head ,start ,act4 7c7 ,prekindergarten program ,a school that is eligible for a schoolwide program under this section may use funds made available under this part to establish or enhance prekindergarten programs for children below the age of #f4 #aaae4 ,targeted assistance schools 7a7 ,in general ,in all schools selected to receive funds under section #aaac7;c7 that are ineligible for a schoolwide program under section #aaad1 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 subsection 7b7 identified as having the greatest need for special assistance4 7b7 ,eligible children 7#a7 ,eligible population 7,a7 ,in general ,the eligible population for services under this section is-- 7i7 children not older than age #ba who are entitled to a free public education through grade #ab2 and 7ii7 children who are not yet at a grade level at which the local educational agency provides a free public education4 7,b7 ,eligible children from eligible population ,from the population described in subparagraph 7,a71 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 school1 except that children from preschool through grade #b shall be selected solely on the basis of such criteria as teacher judgment1 interviews with parents1 and developmentally appropriate measures4 7#b7 ,children included 7,a7 ,in general ,children who are economically disadvantaged1 children with disabilities1 migrant children1 ,american ,indian1 ,alaska ,native or ,native ,hawaiian children1 or limited ,english proficient children1 are eligible for services under this part on the same basis as other children selected to receive services under this part4 7,b7 ,head start 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 program or in preschool services under this title1 is eligible for services under this part4 7,c7 ,part c 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,d7 ,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,e7 ,homeless children ,a child who is homeless and attending any school served by the local educational agency is eligible for services under this part4 7,f7 ,indian children ,a child who1 at any time in the #b years preceding the year for which the determination is made1 received services under title ,,vii is eligible for services under this part4 7#c7 ,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 paragraph 7#b7 but may be used to coordinate or supplement such services4 7c7 ,components of a targeted assistance school program 7#a7 ,in general ,to assist targeted assistance schools and local educational agencies to meet their responsibility to provide for all their students served under this part the opportunity to meet the ,state's challenging student academic achievement standards in subjects as determined by the ,state1 each targeted assistance program under this section shall-- 7,a7 use such program's resources under this part to help participating children meet such ,state's challenging student academic achievement standards expected for all children2 7,b7 ensure that planning for students served under this part is incorporated into existing school planning2 7,c7 use effective methods and instructional strategies that are based on scientifically based research that strengthens the core academic program of the school and may include-- 7i7 extended learning time1 such as an extended school year1 before- and after-school1 and summer programs and opportunities2 7ii7 help provide an accelerated1 high-quality curriculum1 including applied learning2 7iii7 positive behavioral interventions and supports and response to intervention2 and 7iv7 minimize removing children from the regular classroom during regular school hours for instruction provided under this part2 7,d7 coordinate with and support the regular education program1 which may include services to assist preschool children in the transition from early childhood programs such as ,head ,start and ,state-run preschool programs to elementary school programs2 7,e7 provide instruction by highly effective teachers2 7,f7 in accordance with subsection 7e77#c7 and section #aaai1 provide opportunities for professional development with resources provided under this part1 and1 to the extent practicable1 from other sources1 for teachers1 principals1 and paraprofessionals1 including1 if appropriate1 pupil services personnel1 parents1 and other staff1 who work with participating children in programs under this section or in the regular education program2 7,g7 provide strategies to increase parental involvement in accordance with section #aaah1 such as family literacy services2 and 7,h7 coordinate and integrate ,federal1 ,state1 and local services and programs1 including programs supported under this ,act1 violence prevention programs1 nutrition programs1 housing programs1 ,head ,start1 adult education1 vocational and technical education1 and job training4 7#b7 ,requirements ,each school conducting a program under this section shall assist participating children selected in accordance with subsection 7b7 to meet the ,state's proficient and advanced levels of achievement by-- 7,a7 the coordinating of resources provided under this part with other resources2 and 7,b7 reviewing1 on an ongoing basis1 the progress of participating children and revising the targeted assistance program1 if necessary1 to provide additional assistance to enable such children to meet the ,state's challenging student academic achievement standards1 such as an extended school year1 before- and after-school1 and summer programs and opportunities1 training for teachers regarding how to identify students who need additional assistance1 and training for teachers regarding how to implement student academic achievement standards in the classroom4 7d7 ,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-- 7#a7 participate in general professional development and school planning activities2 and 7#b7 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 7e7 ,special rules 7#a7 ,simultaneous service ,nothing in this section shall be construed to prohibit a school from serving students under this section simultaneously with students with similar educational needs1 in the same educational settings where appropriate4 7#b7 ,comprehensive services ,if-- 7,a7 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 providers2 and 7,b7 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-- 7i7 the provision of basic medical equipment1 such as eyeglasses and hearing aids2 7ii7 compensation of a coordinator2 and 7iii7 professional development necessary to assist teachers1 pupil services personnel1 other staff1 and parents in identifying and meeting the comprehensive needs of eligible children4 7#c7 ,professional development ,each school receiving funds under this part for any fiscal year shall devote sufficient resources to carry out effectively the professional development activities described in subparagraph 7,f7 of subsection 7c77#a7 in accordance with section #aaai for such fiscal year1 and a school may enter into a consortium with another school to carry out such activities4 #aaaf4 ,academic assessment and local educational agency and school improvement 7a7 ,establishment of new ,state flexibility in accountability requirements 7#a7 ,in general ,beginning one year after the date of enactment of the ,educational ,accountability and ,state ,flexibility ,act of #bjac and except as provided in paragraph 7#b71 each ,state educational agency and local educational agency shall determine the performance of1 and consequences for1 the public schools served under this part in accordance with this section4 7#b7 ,state flexibility ,a ,state that has received a waiver pursuant to the ,secretary's authority under section #idja before the date of enactment of the ,educational ,accountability and ,state ,flexibility ,act of #bjac may elect to carry out the terms of the waiver or may choose to implement the requirements of this section instead of the corresponding requirements of the waiver4 7b7 ,evaluation 7#a7 ,in general ,each ,state educational agency shall1 for each year and in coordination with each local educational agency1 evaluate a school's performance for the previous school year to-- 7,a7 determine whether the school has met ,state standards or is making satisfactory progress toward meeting ,state standards2 and 7,b7 assign each school to a tier described in subsection 7c74 7#b7 ,considerations ,in determining the proper tier for a school1 the ,state educational agency shall consider1 at a minimum-- 7,a7 each school's performance and progress toward ensuring that each student is proficient on ,state standards or is making satisfactory progress toward attaining proficiency on the ,state's standards1 as measured by the ,state academic assessments and other indicators described in the ,state and local plans under sections #aaaa and #aaab2 and 7,b7 is on track to graduate from high school on time or1 for students with an individualized educational program1 within the period allowed under the ,individuals with ,disabilities ,education ,act4 7c7 ,accountability tiers ,each ,state shall develop an accountability system to identify schools that consists of a series of tiers and shall assign rational and appropriate consequences to each tier4 ,the system shall include1 at a minimum1 the following tiers and consequences for each tier3 7#a7 ,meeting ,state standards 7,a7 ,description ,this tier shall include each school in the ,state that meets the requirements of subparagraphs 7,b7 and 7,c7 of section #aaaa7;b77#b74 7,b7 ,consequence ,the ,state educational agency shall provide a school in this tier with appropriate recognition and shall ensure that the school's best practices are disseminated to other local educational agencies in the ,state4 7#b7 ,nearly meeting ,state standards and making growth 7,a7 ,description ,this tier shall include each school in the ,state that-- 7i7 has not met the requirements of subparagraphs 7,b7 and 7,c7 of section #aaaa7;b77#b7 for not more than #b of the subgroups of students described in section #aaaa7;b77#b77;,c77v77,,ii7 for which data must be disaggregated2 and 7ii7 demonstrates that the school is making satisfactory progress toward meeting such standards1 such as by satisfying the safe harbor provisions of section #aaaa7;b77#b77;,i7 or as required by the ,state plan under section #aaaa7;h74 7,b7 ,consequences 7i7 ,the ,state educational agency shall provide each school in this tier with appropriate recognition for the school's successes and growth4 7ii7 ,the local educational agency shall ensure that each such school creates1 and submits for approval by the local educational agency1 a research-based improvement plan for the students in such subgroups attending the school who are in any of grades #c through #ab and who did not meet or exceed the proficient level on the most recent ,state assessment in mathematics or in reading or language arts1 or for improving the graduation rate1 as applicable1 and implements the approved plan4 7#c7 ,not meeting ,state standards for a significant number of categories 7,a7 ,description ,this tier shall include each school in the ,state that-- 7i7 did not meet the requirements of subparagraphs 7,b7 and 7,c7 of section #aaaa7;b77#b7 for a significant number of subgroups2 and 7ii7 is not showing enough improvement to provide reasonable confidence that the students will be meeting or making satisfactory progress toward meeting ,state standards as required by the ,state plan under section #aaaa7;b7 or that the graduation rate will improve within the number of years required by the ,state plan4 7,b7 ,consequences 7i7 ,recognition ,the ,state educational agency shall ensure that each school in this tier receives recognition for what the school is doing well4 7ii7 ,improvement plan 7,i7 ,in general ,the local educational agency serving each school in this tier shall audit the policies and practices of the school1 as described in subsection 7d71 and1 based on the results1 shall create1 in consultation with parents1 teachers1 administrators1 and as applicable1 representatives of tribes or ,native organizations that are serving students who attend the school1 and submit to the ,state educational agency for approval1 a research-based improvement plan for the students in each subgroup of students attending the school who are in any of grades #c through #ab and who did not meet or exceed the proficient level on the most recent ,state assessment in mathematics1 reading or language arts1 for improving the graduation rate in the school1 or for the school as a whole1 as appropriate1 and implement the approved plan4 7,,ii7 ,requirements ,a plan described in this clause shall include valid1 reliable1 evidence-based interventions and may be developed with the assistance of a nonprofit organization with demonstrated effectiveness in school improvement research or implementation4 7iii7 ,supplemental educational services 7,i7 ,in general ,the local educational agency shall provide supplemental educational services to students attending the school who are in any of grades #c through #ab1 who are in the subgroups that did not meet the ,state standards1 and who did not meet or exceed the proficient level on the most recent ,state assessment in mathematics or in reading or language arts1 in accordance with subsection 7e7 of this section1 as such section was in effect on the day before the date of enactment of the ,educational ,accountability and ,state ,flexibility ,act of #bjac4 ,such services may be provided by the local educational agency or be provided by a provider that has a demonstrated record of effectiveness in serving the students identified under this subsection and that has been approved by the ,state educational agency or local educational agency in accordance with reasonable criteria4 7,,ii7 ,additional rules ,in addition to the other requirements of this clause-- 7aa7 in order to provide services under this subsection to students in a school1 a provider on the list of approved providers across the ,state must also have provided the ,state with evidence that the provider is successful at serving any subgroup of students at the school that did not meet ,state standards for the preceding year2 7bb7 local educational agencies may negotiate performance-based contracts with providers regarding-- 7,,aa7 the hourly rates for the supplemental educational services and the minimum supplemental educational services hours provided2 7,,bb7 tutor qualifications and the curriculum to be provided1 particularly for serving students who are limited ,english proficient and children with disabilities2 and 7,,cc7 other programmatic and financial management factors4 7iv7 ,technical assistance ,the ,state educational agency shall provide technical assistance to assist the local educational agency to improve student proficiency or graduation rates at a school identified under this subsection and may require the local educational agency to implement specific and appropriate interventions4 7#d7 ,not meeting ,state standards for a significant number of categories for multiple years 7,a7 ,description ,this tier shall include each school in the ,state that-- 7i7 did not meet the requirements of subparagraphs 7,b7 and 7,c7 of section #aaaa7;b77#b7 for a significant number of subgroups2 and 7ii7 is showing little or no improvement4 7,b7 ,consequences 7i7 ,audit and implementation of turnaround model or school improvement strategies ,the ,state shall conduct an in-depth audit of the school and shall require the local educational agency to implement-- 7,i7 an alternative model of governance allowed under ,state law2 or 7,,ii7 school improvement strategies based on a system of support model described in subsection 7d74 7ii7 ,consultation ,a ,state educational agency shall determine the appropriate models or strategies to be used in accordance with clause 7i71 but shall engage in meaningful consultation with the local educational agency serving such school1 educators1 ,indian tribes or ,native organizations located in the area served by the school1 and parents before making a final determination4 7iii7 ,no ,federal influence ,the ,secretary shall not prioritize1 incentivize1 or require the use of1 any particular method of school turnaround or school improvement strategy4 7iv7 ,supplemental educational services ,the ,state educational agency shall require that the local educational agency provide supplemental educational services to students attending the school who are enrolled in any of grades #c through #ab and who did not meet or exceed the proficient level on the most recent ,state assessment in mathematics or in reading or language arts1 in accordance with paragraph 7#c77;,b77iii74 7v7 ,public school choice 7,i7 ,in general ,not later than the first day of the school year following a school's classification in this tier1 the local educational agency serving the school may provide students in grades #c through #ab who are enrolled in the school and who did not meet or exceed the proficient level on the most recent ,state assessment in mathematics or in reading or language arts with the option to transfer to another public school served by the local educational agency in accordance with subclause 7,,ii71 which may include a public charter school1 that has not been identified for school improvement under this paragraph1 unless such an option is prohibited by ,state law4 ,the local educational agency shall provide1 or shall pay for the provision of1 transportation to the public school the student attends if the local educational agency chooses to make this option available4 7,,ii7 ,transfer ,students who use the option to transfer under this clause 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,,iii7 ,special rules ,notwithstanding the requirements of this clause1 a local educational agency shall not be required to provide students with the option to transfer to a school under this subparagraph if doing so would expose students to unsafe or unreasonable transportation routes or means or if there is no higher-performing school within the school district that has the space or capacity to serve them4 7vi7 ,withholding of ,state or ,federal funds ,a ,state shall have full authority to mandate any necessary changes to a school in order to effect improvement and to withhold ,federal funding made available by this act or ,state funding4 7#e7 ,state determinations ,the ,state educational agency shall determine the number of subgroups of students and the number of years of improvement that are required for a school to be designated as part of a particular tier4 ,the ,secretary shall not approve1 disapprove1 prioritize1 or otherwise control the decision made by the ,state with regard to this provision4 7d7 ,system of support model ,subject to section #aaag1 a system of support model described in this subsection shall provide aligned resources1 information1 tools1 professional development1 and technical assistance to assist local educational agencies and schools to improve4 ,a ,state educational agency that chooses to implement a system of support model for school improvement shall implement strategies and assistance as required by the needs of the school4 ,this model shall include a review1 and1 if necessary1 assistance in the following areas3 7#a7 ,curriculum development1 alignment with performance standards1 and implementation in classrooms4 7#b7 ,assessment1 including formative and summative data collection and review1 alignment with curriculum and performance standards1 and use of data to guide instruction4 7#c7 ,instruction1 including applying multiple effective strategies1 differentiated instruction1 response to intervention1 and alignment with performance standards4 7#d7 ,supportive learning environment1 including effective classroom management1 maximizing instructional time1 discipline or behavior plans1 attendance1 parent and community involvement1 extended learning1 and positive behavioral intervention and support4 7#e7 ,professional development1 such as job-embedded1 results-oriented1 data-driven mentoring4 7#f7 ,leadership1 including-- 7,a7 developing and implementing effective improvement strategies2 7,b7 creating a positive learning environment and effective adult learning community2 7,c7 parental and community engagement2 7,d7 using data to improve student progress2 7,e7 teacher supervision1 support1 evaluation1 and collaboration2 and 7,f7 the school's mission1 vision1 and goals4 7e7 ,state plan ,a ,state shall include a description of the ,state's multi-tiered system under this section in the ,state plan submitted under section #aaaa7;a71 and shall provide to the ,secretary such information as the ,secretary may reasonably require relating to the system and the performance of the ,state's schools in the system in the ,state's report under section #aaaa7;h77#b74 ,the ,secretary shall have no authority to approve or disapprove the system under such plan4 7f7 ,funds for transportation and supplemental educational services 7#a7 ,in general ,subject to subsection 7c77#d77;,b77v71 a local educational agency may reserve funds from its allocation under subpart #b to provide transportation as required under subsection 7c77#d77;,e7 and to satisfy all requests for supplemental educational services under section #aaaf7;e71 subject to paragraph 7#b74 7#b7 ,unused funds ,beginning #cj days after the first day of a school year1 a local educational agency may spend the amount reserved under paragraph 7#a7 for other purposes1 if the local educational agency certifies to the ,state educational agency that all families of students eligible for transportation under subsection 7c77#d77;,e71 or supplemental educational services under subsection 7c71 have been notified of the opportunity and have been provided with a reasonable period of time to change schools or enroll in supplemental educational services1 as appropriate4 7g7 ,schools funded by the bureau of indian education 7#a7 ,meeting standards or making satisfactory progress toward meeting standards for bureau funded schools 7,a7 ,development of definition 7i7 ,definition ,the ,secretary of the ,interior1 in consultation with the ,secretary if the ,secretary of ,interior requests the consultation1 using the process set out in section #aach7;b7 of the ,education ,amendments of #aigh1 shall define meeting or making satisfactory progress toward meeting ,state standards1 for the schools funded by the ,bureau of ,indian ,education on a regional or tribal basis1 as appropriate1 taking into account the unique circumstances and needs of such schools and the students served by such schools4 7ii7 ,use of definition ,the ,secretary of the ,interior1 consistent with clause 7i71 may use the definition of meeting or making satisfactory progress toward meeting ,state standards that the ,state in which the school that is funded by the ,bureau is located uses consistent with section #aaaa7;b71 or in the case of schools that are located in more than one ,state1 the ,secretary of the ,interior may use whichever ,state definition that best meets the unique circumstances and needs of such school or schools and the students the schools serve4 7,b7 ,waiver ,the tribal governing body or school board of a school funded by the ,bureau of ,indian ,education may waive1 in part or in whole1 the definition of meeting or making satisfactory progress toward meeting ,state standards established pursuant to subparagraph 7,a7 where such definition is determined by such body or school board to be inappropriate4 ,if such definition is waived1 the tribal governing body or school board shall1 within #fj days thereafter1 submit to the ,secretary of ,interior a proposal for an alternative definition of meeting or making satisfactory progress toward meeting ,state standards1 consistent with section #aaaa7;b71 that takes into account the unique circumstances and needs of such school or schools and the students served4 ,the ,secretary of the ,interior1 in consultation with the ,secretary if the ,secretary of ,interior requests the consultation1 shall approve such alternative definition unless the ,secretary determines that the definition does not meet the requirements of section #aaaa7;b71 taking into account the unique circumstances and needs of such school or schools and the students served4 7,c7 ,technical assistance ,the ,secretary of ,interior shall1 in consultation with the ,secretary if the ,secretary of ,interior requests the consultation1 either directly or through a contract1 provide technical assistance1 upon request1 to a tribal governing body or school board of a school funded by the ,bureau of ,indian ,education that seeks to develop an alternative definition of meeting or making satisfactory progress toward meeting ,state standards4 7#b7 ,accountability for bia schools ,for the purposes of this section1 schools funded by the ,bureau of ,indian ,education shall be considered schools subject to subsection 7c71 as specifically provided for in this subsection1 except that such schools shall not be subject the requirements to provide public school choice and supplemental educational services under subsections 7c7 and 7f74 7#c7 ,school improvement for bureau schools 7,a7 ,contract and grant schools ,for a school funded by the ,bureau of ,indian ,education which is operated under a contract issued by the ,secretary of the ,interior pursuant to the ,indian ,self-,determination ,act 7#be ,u4,s4,c4 #dej et seq47 or under a grant issued by the ,secretary of the ,interior pursuant to the ,tribally ,controlled ,schools ,act of #aihh 7#be ,u4,s4,c4 #beja et seq471 the school board of such school shall be responsible for meeting the requirements of subsections 7c7 through 7f71 other than the requirements of public school choice under subsection 7c77#d77;,b77v74 ,the ,bureau of ,indian ,education shall be responsible for meeting the requirements of subsection 7c77#c77;,b77iv7 relating to technical assistance4 7,b7 ,bureau operated schools ,for schools operated by the ,bureau of ,indian ,education1 the ,bureau shall be responsible for meeting the requirements of subsection 7b7 relating to development and implementation of any school improvement plan as described in subsections 7b77#a7 through 7b77#e71 other than subsection 7b77#a77;,e74 7#d7 ,consequences for bureau-funded schools 7,a7 ,contract and grant schools ,for a school funded by the ,bureau of ,indian ,education which is operated under a contract issued by the ,secretary of the ,interior pursuant to the ,indian ,self-,determination ,act 7#be ,u4,s4,c4 #dej et seq47 or under a grant issued by the ,secretary of the ,interior pursuant to the ,tribally ,controlled ,schools ,act of #aihh 7#be ,u4,s4,c4 #beja et seq471 the school board of such school shall be responsible for meeting the requirements of paragraphs 7#b71 7#c71 and 7#d7 of subsection 7c74 ,any action taken by such school board under such paragraphs shall take into account the unique circumstances and structure of the ,bureau of ,indian ,education-funded school system and the laws governing that system4 7,b7 ,bureau operated schools ,for schools operated by the ,bureau of ,indian ,education1 the ,bureau shall be responsible for meeting the requirements of paragraphs 7#b71 7#c71 and 7#d7 of subsection 7c74 ,any action taken by the ,bureau under such paragraphs shall take into account the unique circumstances and structure of the ,bureau of ,indian ,education-funded school system and the laws governing that system4 7#e7 ,annual report ,on an annual basis1 the ,secretary of the ,interior shall report to the ,secretary of ,education and to the appropriate committees of ,congress regarding any schools funded by the ,bureau of ,indian ,education which have been identified in a tier described in paragraph 7#b71 7#c71 or 7#d7 of subsection 7c74 ,such report shall include-- 7,a7 the identity of each school2 7,b7 a statement from each affected school board regarding the factors that lead to such identification2 and 7,c7 an analysis by the ,secretary of the ,interior1 in consultation with the ,secretary if the ,secretary of ,interior requests the consultation1 as to whether sufficient resources were available to enable such school to meet or make satisfactory progress toward meeting ,state standards4 #aaag4 ,school support and recognition 7a7 ,system for support 7#a7 ,in general ,each ,state shall establish a statewide system of intensive and sustained support and improvement for local educational agencies and schools receiving funds under this part1 as described in section #aaaf1 in order to increase the opportunity for all students served by those agencies and schools to meet the ,state's academic content standards and student academic achievement standards4 7#b7 ,priorities ,in carrying out this subsection1 a ,state shall-- 7,a7 first1 provide support and assistance to local educational agencies with schools in the tier described in section #aaaf7;c77#d7 and assist those schools2 7,b7 second1 provide support and assistance to other local educational agencies with schools in the tier described in section #aaaf7;c77#c72 and 7,c7 third1 provide support and assistance to other local educational agencies and schools participating under this part that need that support and assistance in order to achieve the purpose of this part4 7#c7 ,regional centers ,such a statewide system shall1 to the extent practicable1 work with and receive support and assistance from regional educational laboratories established under part ,d of the ,education ,sciences ,reform ,act of #bjjb and comprehensive centers established under the ,educational ,technical ,assistance ,act of #bjjb and the comprehensive regional technical assistance centers and the regional educational laboratories under section #ida7;h7 of the ,educational ,research1 ,development1 ,dissemination1 and ,improvement ,act of #aiid 7as such section existed on the day before the date of enactment of the ,education ,sciences ,reform ,act of #bjjb71 or other providers of technical assistance4 7#d7 ,statewide system 7,a7 ,in order to achieve the purpose described in paragraph 7#a71 the statewide system shall include1 at a minimum1 the following approaches3 7i7 ,establishing school support teams in accordance with paragraph 7#e7 for assignment to1 and working in1 schools in the ,state that are described in paragraph 7#b74 7ii7 ,providing such support as the ,state educational agency determines necessary and available in order to ensure the effectiveness of such teams4 7iii7 ,designating and using distinguished teachers and principals who are chosen from schools served under this part that have been especially successful in improving academic achievement4 7iv7 ,devising additional approaches to providing the assistance described in paragraph 7#a71 such as providing assistance through institutions of higher education1 tribes or ,native organizations whose members are enrolled in the local educational agency1 and educational service agencies or other local consortia1 and private providers of scientifically based technical assistance4 7,b7 ,priority ,the ,state educational agency shall give priority to the approach described in clause 7i7 of subparagraph 7,a74 7#e7 ,school support teams 7,a7 ,composition ,each school support team established under this section shall be composed of persons knowledgeable about scientifically based research and practice on teaching and learning and about successful schoolwide projects1 school reform1 and improving educational opportunities for low-achieving students1 including-- 7i7 highly effective or distinguished teachers and principals2 7ii7 pupil services personnel2 7iii7 parents2 7iv7 representatives of institutions of higher education2 7v7 representatives of regional educational laboratories or comprehensive regional technical assistance centers2 7vi7 representatives of outside consultant groups2 7vii7 representatives of tribes or ,native organizations present in the ,state2 or 7viii7 other individuals as the ,state educational agency1 in consultation with the local educational agency1 may determine appropriate4 7,b7 ,functions ,each school support team assigned to a school under this section shall-- 7i7 review and analyze all facets of the school's operation1 including the design and operation of the instructional program1 and assist the school in developing recommendations for improving student performance in that school2 7ii7 collaborate with parents and school staff and the local educational agency serving the school in the design1 implementation1 and monitoring of a plan that1 if fully implemented1 can reasonably be expected to improve student performance and help the school meet ,state standards under section #aaaa7;b77#b77;,b72 7iii7 evaluate1 at least semiannually1 the effectiveness of school personnel assigned to the school1 including identifying outstanding teachers and principals1 and make findings and recommendations to the school1 the local educational agency1 and1 where appropriate1 the ,state educational agency2 and 7iv7 make additional recommendations as the school implements the plan described in clause 7ii7 to the local educational agency and the ,state educational agency concerning additional assistance that is needed by the school or the school support team4 7,c7 ,continuation of assistance ,after one school year1 from the beginning of the activities1 such school support team1 in consultation with the local educational agency and other stakeholders1 may recommend that the school support team continue to provide assistance to the school1 or that the local educational agency or the ,state educational agency1 as appropriate1 take alternative actions with regard to the school4 7b7 ,state recognition 7#a7 ,academic achievement awards program 7,a7 ,in general ,each ,state receiving a grant under this part-- 7i7 shall establish a program for making academic achievement awards to recognize schools that meet the criteria described in subparagraph 7,b72 and 7ii7 as appropriate and as funds are available under subsection 7c77#b77;,a71 may financially reward schools served under this part that meet the criteria described in clause 7ii74 7,b7 ,criteria ,the criteria referred to in subparagraph 7,a7 are that a school-- 7i7 significantly closed the achievement gap between the groups of students described in section #aaaa7;b77#b72 or 7ii7 exceeded the goals set forth in the ,state plan for improvement for #b or more consecutive years4 7#b7 ,distinguished schools ,of those schools meeting the criteria described in paragraph 7#a77;,b71 each ,state shall designate as distinguished schools those schools that have made the greatest gains in closing the achievement gap as described in subparagraph 7,b77i7 or exceeded the goals set forth in the ,state plan for improvement4 ,such distinguished schools may serve as models for and provide support to other schools1 especially schools identified in the tier described in paragraph 7#c7 or 7#d7 of section #aaaf7;c71 to assist such schools in meeting the ,state's academic content standards and student academic achievement standards4 7#c7 ,awards to teachers ,a ,state program under paragraph 7#a7 may also recognize and provide financial awards to teachers teaching in a school described in such paragraph that consistently makes significant gains in academic achievement in the areas in which the teacher provides instruction1 or to teachers or principals designated as distinguished under subsection 7a77#d77;,a77iii74 7c7 ,funding 7#a7 ,in general ,each ,state-- 7,a7 shall use funds reserved under section #ajjc7;a7 and may use funds made available under section #ajjc7;g7 for the approaches described under subsection 7a77#d77;,a72 and 7,b7 shall use ,state administrative funds authorized under section #ajjd7;a7 to establish the statewide system of support described under subsection 7a74 7#b7 ,reservations of funds by ,state 7,a7 ,awards program ,for the purpose of carrying out subsection 7b77#a71 each ,state receiving a grant under this part may reserve1 from the amount 7if any7 by which the funds received by the ,state under subpart #b for a fiscal year exceed the amount received by the ,state under that subpart for the preceding fiscal year1 not more than #e percent of such excess amount4 7,b7 ,teacher awards ,for the purpose of carrying out subsection 7b77#c71 a ,state educational agency may reserve such funds as necessary from funds made available under section #baaa4 7#c7 ,use within #c years ,notwithstanding any other provision of law1 the amount reserved under subparagraph 7,a7 by a ,state for each fiscal year shall remain available to the ,state until expended for a period not exceeding #c years receipt of funds4 7#d7 ,special allocation rule for schools in high-poverty areas 7,a7 ,in general ,each ,state shall distribute not less than #ge percent of any amount reserved under paragraph 7#b77;,a7 for each fiscal year to schools described in subparagraph 7,b71 or to teachers in those schools consistent with subsection 7b77#c74 7,b7 ,school described ,a school described in subparagraph 7,a7 is a school whose student population is in the highest quartile of schools statewide in terms of the percentage of children from low income families4 #aaah4 ,parental involvement 7a7 ,local educational agency policy 7#a7 ,in general ,a local educational agency may receive funds under this part only if such agency implements programs1 activities1 and procedures for the involvement of parents in programs assisted under this part consistent with this section4 ,such programs1 activities1 and procedures shall be planned and implemented with meaningful consultation with parents of participating children4 7#b7 ,written policy ,each local educational agency that receives funds under this part shall develop jointly with1 agree on with1 and distribute to1 parents of participating children a written parent involvement policy4 ,the policy shall be incorporated into the local educational agency's plan developed under section #aaab1 establish the agency's expectations for parent involvement1 and describe how the agency will-- 7,a7 involve parents in the joint development of the plan under section #aaab1 and the process of school review and improvement under section #aaaf2 7,b7 provide the coordination1 technical assistance1 and other support necessary to assist participating schools in planning and implementing effective parent involvement activities to improve student academic achievement and school performance2 7,c7 identify the barriers to effective parental involvement and build the schools' and parents' capacity for strong parental involvement as described in subsection 7e72 7,d7 coordinate and integrate parental involvement strategies under this part with parental involvement strategies under other programs1 such as the ,head ,start program1 ,parents as ,teachers program1 and ,home ,instruction ,program for ,preschool ,youngsters1 and ,state-run preschool programs2 7,e7 conduct1 with the involvement of parents1 an annual evaluation of the content and effectiveness of the parental involvement policy in improving the academic quality of the schools served under this part1 including identifying barriers to greater participation by parents in activities authorized by this section 7with particular attention to parents who are economically disadvantaged1 are disabled1 have limited ,english proficiency1 have limited literacy1 or are of any racial or ethnic minority background71 and use the findings of such evaluation to design strategies for more effective parental involvement1 and to revise1 if necessary1 the parental involvement policies described in this section2 and 7,f7 involve parents in the activities of the schools served under this part4 7#c7 ,reservation 7,a7 ,in general ,each local educational agency shall reserve not less than #a percent of such agency's allocation under subpart #b of this part to carry out this section1 including promoting family literacy and parenting skills1 except that this paragraph shall not apply if #a percent of such agency's allocation under subpart #b of this part for the fiscal year for which the determination is made is #e1jjj or less4 7,b7 ,parental input ,parents of children receiving services under this part shall be involved in the decisions regarding how funds reserved under subparagraph 7,a7 are allotted for parental involvement activities4 7,c7 ,distribution of funds ,not less than #ie percent of the funds reserved under subparagraph 7,a7 shall be distributed to schools served under this part4 7b7 ,school parental involvement policy 7#a7 ,in general ,each school served under this part shall jointly develop with1 and distribute to1 parents of participating children a written parental involvement policy1 agreed on by such parents1 that shall describe the means for carrying out the requirements of subsections 7c7 through 7f74 ,parents shall be notified of the policy in an understandable and uniform format and1 to the extent practicable1 provided in a language the parents can understand4 ,such policy shall be made available to the local community and updated periodically to meet the changing needs of parents and the school4 7#b7 ,special rule ,if the school has a parental involvement policy that applies to all parents1 such school may amend that policy1 if necessary1 to meet the requirements of this subsection4 7#c7 ,amendment ,if the local educational agency involved has a school district-level parental involvement policy that applies to all parents1 such agency may amend that policy1 if necessary1 to meet the requirements of this subsection4 7#d7 ,parental comments ,if the plan under section #aaab is not satisfactory to the parents of participating children1 the local educational agency shall submit any parent comments with such plan when such local educational agency submits the plan to the ,state4 7c7 ,policy involvement ,each school served under this part shall-- 7#a7 share the policy with all parents of enrolled children by convening an annual meeting1 at a convenient time1 to which all parents of participating children shall be invited and encouraged to attend1 and in writing for parents who are unable to attend the meeting1 in order to inform parents of their school's participation under this part and to explain the requirements of this part1 and the right of the parents to be involved2 7#b7 offer a flexible number of meetings1 such as meetings in the morning or evening1 and may provide1 with funds provided under this part1 transportation1 child care1 or home visits1 as such services relate to parental involvement2 7#c7 involve parents1 in an organized1 ongoing1 and timely way1 in the planning1 review1 and improvement of programs under this part1 including the planning1 review1 and improvement of the school parental involvement policy and the joint development of the schoolwide program plan under section #aaad7;b77#b71 except that if a school has in place a process for involving parents in the joint planning and design of the school's programs1 the school may use that process1 if such process includes an adequate representation of parents of participating children2 7#d7 provide parents of participating children-- 7,a7 timely information about programs under this part2 7,b7 a description and explanation of the curriculum in use at the school1 the forms of academic assessment used to measure student progress1 the proficiency levels students are expected to meet1 and the reasons for the school's identification under section #aaaf2 and 7,c7 if requested by parents1 opportunities for regular meetings to formulate suggestions and to participate1 as appropriate1 in decisions relating to the education of their children and plans for improvement1 and respond to any such suggestions as soon as practicably possible2 and 7#e7 if the schoolwide program plan under section #aaad7;b77#b7 is not satisfactory to the parents of participating children1 submit any parent comments on the plan when the school makes the plan available to the local educational agency4 7d7 ,shared responsibilities for high student academic achievement ,as a component of the school-level parental involvement policy developed under subsection 7b71 each school served under this part shall jointly develop with parents for all children served under this part a school-parent compact that outlines how parents1 the entire school staff1 and students will share the responsibility for improved student academic achievement and the means by which the school and parents will build and develop a partnership to help children achieve the ,state's high standards4 ,such compact shall-- 7#a7 describe the school's responsibility to provide high-quality curriculum and instruction in a supportive and effective learning environment that enables the children served under this part to meet the ,state's student academic achievement standards1 and the ways in which each parent will be responsible for supporting their children's learning1 such as monitoring attendance1 homework completion1 and television watching2 volunteering in their child's classroom2 and participating1 as appropriate1 in decisions relating to the education of their children and positive use of extracurricular time2 and 7#b7 address the importance of communication between teachers and parents on an ongoing basis through1 at a minimum-- 7,a7 parent-teacher conferences in elementary schools1 at least annually1 during which the compact shall be discussed as the compact relates to the individual child's achievement2 7,b7 frequent reports to parents on their children's progress2 and 7,c7 reasonable access to staff1 opportunities to volunteer and participate in their child's class1 and observation of classroom activities4 7e7 ,building capacity for involvement ,to ensure effective involvement of parents and to support a partnership among the school involved1 parents1 and the community to improve student academic achievement1 each school and local educational agency assisted under this part-- 7#a7 shall provide assistance to parents of children served by the school or local educational agency1 as appropriate1 in understanding such topics as the ,state's academic content standards and ,state student academic achievement standards1 ,state and local academic assessments1 the requirements of this part1 and how to monitor a child's progress and work with educators to improve the achievement of their children2 7#b7 shall provide materials and training to help parents to work with their children to improve their children's achievement1 such as literacy training and using technology1 as appropriate1 to foster parental involvement2 7#c7 shall educate teachers1 pupil services personnel1 principals1 and other staff1 with the assistance of parents1 in the value and utility of contributions of parents1 and in how to reach out to1 communicate with1 and work with parents as equal partners1 implement and coordinate parent programs1 and build ties between parents and the school2 7#d7 shall1 to the extent feasible and appropriate1 coordinate and integrate parent involvement programs and activities with ,head ,start1 the ,home ,instruction ,programs for ,preschool ,youngsters1 the ,parents as ,teachers ,program1 public preschool and other programs1 and conduct other activities1 such as parent resource centers1 that encourage and support parents in more fully participating in the education of their children2 7#e7 shall ensure that information related to school and parent programs1 meetings1 and other activities is sent to the parents of participating children in a format and1 to the extent practicable1 in a language the parents can understand2 7#f7 may involve parents in the development of training for teachers1 principals1 and other educators to improve the effectiveness of such training2 7#g7 may provide necessary literacy training from funds received under this part if the local educational agency has exhausted all other reasonably available sources of funding for such training2 7#h7 may pay reasonable and necessary expenses associated with local parental involvement activities1 including transportation and child care costs1 to enable parents to participate in school-related meetings and training sessions2 7#i7 may train parents to enhance the involvement of other parents2 7#aj7 may arrange school meetings at a variety of times1 or conduct in-home conferences between teachers or other educators1 who work directly with participating children1 with parents who are unable to attend such conferences at school1 in order to maximize parental involvement and participation2 7#aa7 may adopt and implement model approaches to improving parental involvement2 7#ab7 may establish a districtwide parent advisory council to provide advice on all matters related to parental involvement in programs supported under this section2 7#ac7 may develop appropriate roles for community-based organizations and businesses in parent involvement activities2 7#ad7 shall provide such other reasonable support for parental involvement activities under this section as parents may request2 7#ae7 may provide1 in consultation with ,indian tribes and ,native organizations whose members are enrolled in the school1 information about culture-based education in use in the school2 and 7#af7 shall1 in consultation with ,indian tribes and parents of ,indian1 ,alaska ,native1 and ,native ,hawaiian children who are served by any school in the local educational agency1 establish mechanisms to overcome barriers to effective ,indian1 ,alaska ,native1 and ,native ,hawaiian parental involvement4 7f7 ,accessibility ,in carrying out the parental involvement requirements of this part1 local educational agencies and schools1 to the extent practicable1 shall provide full opportunities for the participation of parents with limited ,english proficiency1 parents with disabilities1 parents of ,american ,indian1 ,alaska ,native1 or ,native ,hawaiian children1 and parents of migratory children1 including providing information and school reports required under section #aaaa in a format and1 to the extent practicable1 in a language such parents understand4 7g7 ,information from parental information and resource centers ,in a ,state where a parental information and resource center is established to provide training1 information1 and support to parents and individuals who work with local parents1 local educational agencies1 and schools receiving assistance under this part1 each local educational agency or school that receives assistance under this part and is located in the ,state shall assist parents and parental organizations by informing such parents and organizations of the existence and purpose of such centers4 7h7 ,review ,the ,state educational agency shall review the local educational agency's parental involvement policies and practices to determine if the policies and practices meet the requirements of this section4 #aaai4 ,qualifications for teachers and paraprofessionals 7a7 ,teacher qualifications and measurable objectives 7#a7 ,in general ,not later than #a year after the date of enactment of the ,educational ,accountability and ,state ,flexibility ,act of #bjac1 each local educational agency receiving assistance under this part shall ensure that all teachers hired after such day and teaching in a program supported with funds under this part are highly effective4 7#b7 ,state plan ,as part of the plan described in section #aaaa1 each ,state educational agency receiving assistance under this part shall develop a plan to ensure that all teachers teaching in core academic subjects within the ,state are highly effective not later than the end of the #bjad-bjae school year4 ,such plan shall establish annual measurable objectives for each local educational agency and school that1 at a minimum-- 7,a7 shall include an annual increase in the percentage of highly effective teachers at each local educational agency and school1 to ensure that all teachers teaching in core academic subjects in each public elementary school and secondary school are highly effective not later than the end of the #bjad-bjae school year2 7,b7 shall include an annual increase in the percentage of teachers who are receiving high-quality professional development to enable such teachers to become highly effective and successful classroom teachers2 and 7,c7 may include such other measures as the ,state educational agency determines to be appropriate to increase teacher qualifications4 7#c7 ,local plan ,as part of the plan described in section #aaab1 each local educational agency receiving assistance under this part shall develop a plan to ensure that all teachers teaching within the school district served by the local educational agency are highly effective not later than the end of the #bjje-bjjf school year4 7#d7 ,definition of highly effective ,notwithstanding any other provision of law1 the ,state education agency shall1 in consultation with local educational agencies1 teachers1 principals1 ,indian tribes and ,native organizations that may be present in the ,state1 parents1 and the community1 define highly effective for purposes of this section to include standards for certification1 knowledge of subject matter being taught1 and competency in assisting students to meet or make satisfactory progress toward meeting ,state standards4 7b7 ,reports 7#a7 ,annual ,state and local reports 7,a7 ,local reports ,each ,state educational agency described in subsection 7a77#b7 shall require each local educational agency receiving funds under this part to publicly report1 each year1 beginning with the #bjad-bjae school year1 the annual progress of the local educational agency as a whole and of each of the schools served by the agency1 in meeting the measurable objectives described in subsection 7a77#b74 7,b7 ,state reports ,each ,state educational agency receiving assistance under this part shall prepare and submit each year1 beginning with the #bjad-bjae school year1 a report to the ,secretary1 describing the ,state educational agency's progress in meeting the measurable objectives described in subsection 7a77#b74 7,c7 ,information from other reports ,a ,state educational agency or local educational agency may submit information from the reports described in section #aaaa7;h7 for the purposes of this subsection1 if such report is modified1 as may be necessary1 to contain the information required by this subsection1 and may submit such information as a part of the reports required under section #aaaa7;h74 7#b7 ,annual reports by the secretary ,each year1 beginning with the #bjae-bjaf school year1 the ,secretary shall publicly report the annual progress of ,state educational agencies1 local educational agencies1 and schools1 in meeting the measurable objectives described in subsection 7a77#b74 7c7 ,paraprofessionals 7#a7 ,in general ,each local educational agency receiving assistance under this part shall ensure that all paraprofessionals hired in the school year after the date of enactment of the ,educational ,accountability and ,state ,flexibility ,act of #bjac and working in a program supported with funds under this part shall have met ,state standards regarding certification or licensure1 knowledge of subject matter being taught1 and competency in assisting students to meet or make satisfactory progress toward meeting ,state standards4 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#a74 7d7 ,exceptions ,subsection 7c7 shall not apply to-- 7#a7 a paraprofessional 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 7#b7 a paraprofessional whose duties consist solely of conducting parental involvement activities consistent with section #aaah2 7#c7 teachers of ,american ,indian1 ,alaska ,native1 or ,native ,hawaiian language or culture1 whether the teacher is teaching on a permanent1 part-time1 or occasional basis1 except that a ,state may require that a local ,indian tribe or tribal organization1 as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b71 verify the competency of a public school teacher of ,american ,indian1 ,alaska ,native1 or ,native ,hawaiian language or culture to teach such subject1 to the chief administrative officer of the local educational agency or the chief ,state school officer2 and 7#d7 a ,native elder or other authority on ,american ,indian1 ,alaska ,native1 or ,native ,hawaiian history who provides instruction in such subject on a periodic or #a-time basis1 except that a ,state may require that a local ,indian tribe or tribal organization1 as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b71 verify the competency of the instructor described in subparagraph 7,a7 of ,american ,indian1 ,alaska ,native1 or ,native ,hawaiian history to teach such subject1 to the chief administrative officer of the local educational agency or the chief ,state school officer4 7e7 ,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 ,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#c74 7#c7 ,additional limitations ,a paraprofessional described in paragraph 7#a7-- 7,a7 may not provide any instructional service to a student unless the paraprofessional is working under the direct supervision of a teacher consistent with section #aaai2 and 7,b7 may assume limited duties that are assigned to similar personnel who are not working in a program supported with funds under this part1 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 7f7 ,use of funds ,a local educational agency receiving funds under this part may use such funds to support ongoing training and professional development to assist teachers and paraprofessionals in satisfying the requirements of this section4 7g7 ,verification of compliance 7#a7 ,in general ,in verifying compliance with this section1 each local educational agency1 at a minimum1 shall require that the principal of each school operating a program under section #aaad or #aaae attest annually in writing as to whether such school is in compliance with the requirements of this section4 7#b7 ,availability of information ,copies of attestations under paragraph 7#a7-- 7,a7 shall be maintained at each school operating a program under section #aaad or #aaae and at the main office of the local educational agency2 and 7,b7 shall be available to any member of the general public on request4 7h7 ,combinations of funds ,funds provided under this part that are used for professional development purposes may be combined with funds provided under title ,,ii of this ,act1 other ,acts1 and other sources4 7i7 ,special rule ,except as provided in subsection 7j71 no ,state educational agency shall require a school or a local educational agency to expend a specific amount of funds for professional development activities under this part4 7j7 ,minimum expenditures ,each local educational agency that receives funds under this part shall use not less than #e percent1 or more than #aj percent1 of such funds for each of fiscal years #bjab and #bjac1 and not less than #e percent of the funds for each subsequent fiscal year1 for professional development activities to ensure that teachers who are not highly effective become highly effective not later than the end of the #bjag-bjah school year4 4 #c4 ,conforming amendments 7a7 ,in general ,the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq47 is further amended-- 7#a7 by repealing subparts #a1 #b1 and #c of part ,b of title ,i2 and 7#b7 in section #iaja1 by striking paragraph 7#bc74 7b7 ,replacement of definitions ,notwithstanding any other provision of law-- 7#a7 any reference in the ,elementary and ,secondary ,education ,act of #aife to highly qualified shall be deemed to refer to highly effective1 as determined by the ,state in accordance with section #aaai7;a77#d7 of such ,act1 as amended by this ,act2 and 7#b7 any reference in the ,elementary and ,secondary ,education ,act of #aife to making adequate yearly progress shall be deemed to refer to meeting1 or making satisfactory progress toward meeting1 ,state standards1 as described in section #aaaa7;b77#b7 of such ,act1 as amended by this ,act4