S. 1569 (112th): Empowering Local Educational Decisionmaking Act of 2011

112th Congress, 2011–2013. Text as of Sep 15, 2011 (Introduced).

Status & Summary | PDF | Source: GPO

II

112th CONGRESS

1st Session

S. 1569

IN THE SENATE OF THE UNITED STATES

September 15, 2011

(for himself, Mr. Alexander, Mr. Isakson, Mr. Roberts, Mr. Rubio, and Mr. Wicker) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To amend the Elementary and Secondary Education Act of 1965 to provide State educational agencies and local educational agencies with flexible Federal education funding that will allow such State and local educational agencies to fund locally determined programs and initiatives that meet the varied and unique needs of individual States and localities.

1.

Short title

This Act may be cited as the Empowering Local Educational Decisionmaking Act of 2011.

2.

Fund for the Improvement of Teaching and Learning

The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended—

(1)

by redesignating subpart 5 of part C of title II as subpart 3 of part E of title IX and moving that subpart to follow subpart 2 of part E of title IX;

(2)

by redesignating sections 2361 through 2368 as sections 9541 through 9548, respectively;

(3)

by redesignating subpart 4 of part D of title II as subpart 4 of part E of title IX and moving that subpart to follow subpart 3 of part E of title IX;

(4)

by redesignating section 2441 as section 9551;

(5)

in section 9546(b), as redesignated by paragraph (2), by striking the matter following paragraph (2) and inserting the following:

(3)

A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law.

; and

(6)

by striking title II and inserting the following:

II

Fund for the Improvement of Teaching and Learning

2101.

Purpose

The purpose of this title is to improve student academic achievement in the core academic subjects by—

(1)

increasing the capacity of local educational agencies, schools, teachers, and principals to provide a well-rounded and complete education for all students;

(2)

increasing the number of teachers and principals who are effective in increasing student academic achievement; and

(3)

ensuring that low-income and minority students are served by effective teachers and principals and have access to a high-quality instructional program in the core academic subjects.

2102.

Definitions

In this title:

(1)

Core academic subjects

The term core academic subjects means English, reading or language arts, writing, science, technology, engineering, mathematics, foreign languages, civics and government, economics, arts, history, geography, and physical education.

(2)

State

The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

2103.

Formula grants to States

(a)

Reservations

From the total amount appropriated under section 2109 for any fiscal year, the Secretary shall reserve—

(1)

not more than 2 percent for national activities described in section 2106;

(2)

one-half of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this title; and

(3)

one-half of 1 percent for the Secretary of the Interior for programs under this title in schools operated or funded by the Bureau of Indian Education.

(b)

State allotments

(1)

In general

From the funds appropriated under section 2109 for any fiscal year and remaining after the Secretary makes reservations under subsection (a), the Secretary shall allot to each of the States the sum of—

(A)

an amount that bears the same relationship to 20 percent of the remaining amount as the number of individuals ages 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and

(B)

an amount that bears the same relationship to 80 percent of the remaining amount as the number of individuals, ages 5 through 17 from families with incomes below the poverty line, in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined.

(2)

Small State minimum

No State receiving an allotment under paragraph (1) may receive less than one-half of 1 percent of the total amount allotted under such paragraph.

(3)

Reallotment

If a State does not receive an allotment under this title for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the remaining States in accordance with this section.

(c)

State use of funds

(1)

In general

Each State that receives an allotment under this section shall reserve not less than 95 percent of the amount allotted to such State under subsection (b), for each fiscal year, for subgrants to local educational agencies under section 2104.

(2)

State administration

A State educational agency may use not more than 1 percent of the amount made available to the State under subsection (b) for the administrative costs of carrying out such State educational agency's responsibilities under this title.

(3)

State activities

A State educational agency may use the amount made available to the State under subsection (b) and not reserved under paragraph (1) to carry out the following activities:

(A)

Developing and implementing rigorous, transparent, and fair evaluation systems for teachers and principals that take into account data on student academic achievement and growth as a significant factor.

(B)

Reforming teacher and principal certification, recertification, licensing, and tenure systems to ensure that—

(i)

each teacher has the subject matter knowledge and teaching skills necessary to help students meet challenging State standards; and

(ii)

principals have the instructional leadership skills to help teachers teach and students learn.

(C)

Carrying out programs that establish, expand, or improve alternative routes for State certification or licensure of teachers and principals, including such programs for—

(i)

mid-career professionals from other occupations;

(ii)

former military personnel; and

(iii)

recent graduates of an institution of higher education, with a record of academic distinction, who demonstrate the potential to become effective teachers or principals.

(D)

Developing, or assisting local educational agencies in developing—

(i)

performance-based pay systems for teachers and principals;

(ii)

strategies that provide differential, incentive, and bonus pay for teachers in high-need academic subjects and specialty areas, and teachers in high-poverty schools or high-poverty local educational agencies; or

(iii)

teacher advancement initiatives that promote professional growth and emphasize multiple career paths and pay differentiation.

(E)

Developing, or assisting local educational agencies in developing, new teacher and principal induction and mentoring programs that are designed to—

(i)

improve instruction and student learning and achievement; and

(ii)

increase the retention of effective teachers and principals.

(F)

Providing high-quality professional development for teachers and principals that is focused on improving teaching and student learning and achievement in the core academic subjects.

(G)

Supporting efforts to train teachers and principals to effectively integrate technology into curricula and instruction.

(H)

Providing training, technical assistance, and capacity building to local educational agencies that receive a subgrant under this title.

(I)

Other activities identified by the State that meet the purpose of this title.

(d)

State application

(1)

In general

In order to receive an allotment under this section for any fiscal year, a State shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may reasonably require.

(2)

Contents

Each application described under paragraph (1) shall include the following:

(A)

A description of how the State educational agency will use funds received under this title for State-level activities described in subsection (c)(3).

(B)

An assurance that the State educational agency will monitor the implementation of activities under this title and provide technical assistance to local educational agencies in carrying out such activities.

(C)

An assurance that, apart from providing technical and advisory assistance and monitoring compliance with this title, the State educational agency has not exercised, and will not exercise, any influence in the decisionmaking processes of local educational agencies as to the expenditure of funds made pursuant to an application submitted under section 2104.

2104.

Subgrants to local educational agencies

(a)

Allocations to local educational agencies

(1)

In general

A State that receives an allotment under this title for a fiscal year shall provide the amount made available under section 2103(c)(1) for subgrants to local educational agencies in accordance with this section.

(2)

Funds to local educational agencies

From the funds reserved by a State under section 2103(c)(1), the State shall allocate to each local educational agency in the State the sum of—

(A)

an amount that bears the same relationship to 20 percent of the remaining amount as the number of individuals ages 5 through 17 in the geographic area served by the local educational agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined; and

(B)

an amount that bears the same relationship to 80 percent of the remaining amount as the number of individuals ages 5 through 17 from families with incomes below the poverty line in the geographic area served by the local educational agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined.

(3)

Administrative costs

Of the amount received under paragraph (2), a local educational agency may use not more than 2 percent for the direct administrative costs of carrying out its responsibilities under this title.

(b)

Local applications

(1)

In general

To be eligible to receive a subgrant under this section, a local educational agency shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require.

(2)

Consultation

(A)

In general

A local educational agency shall conduct the needs assessment described in paragraph (3), and develop its application, through consultation with teachers, principals, pupil services personnel, parents, students, community-based organizations, local government representatives, and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this title.

(B)

Continued consultation

On an ongoing basis, the local educational agency shall consult with the individuals and organizations described in subparagraph (A) in order to seek advice regarding how best to improve the local educational agency’s activities to meet the purpose of this title and to coordinate the local educational agency's activities under this title with other related strategies, programs, and activities being conducted in the community.

(3)

Needs assessment

(A)

In general

To be eligible to receive a subgrant under this section, a local educational agency shall conduct a comprehensive needs assessment of the local educational agency and of all schools within the jurisdiction of the local educational agency.

(B)

Requirements

Such needs assessment shall be designed to determine the schools with the most acute staffing needs related to—

(i)

increasing the number of teachers and principals who are effective in improving student academic achievement; and

(ii)

ensuring that low-income and minority students are served by effective teachers and principals and have access to a high-quality instructional program in the core academic subjects.

(4)

Contents

Each application submitted under this subsection shall be based on the needs assessment described in paragraph (3) and shall include the following:

(A)

The results of the needs assessment described in paragraph (3) and an identification of each school that will be served through a subgrant under this section.

(B)

A description of the activities to be carried out by the local educational agency under this section and how these activities are aligned with the results of such needs assessment.

(C)

A description of the performance indicators that will be used to evaluate the effectiveness of the activities carried out under this section.

(D)

An assurance that such activities will comply with the principles of effectiveness described in section 2105(b).

(E)

An assurance that the local educational agency will prioritize funds to schools within the jurisdiction of the local educational agency that—

(i)
(I)

are among the schools with the greatest needs as identified through the needs assessment described in paragraph (3); and

(II)

have the highest percentages or numbers of children counted under section 1124(c); or

(ii)

are identified for school improvement under section 1116.

(F)

An assurance that the local educational agency will comply with section 9501 (regarding participation by private school children and teachers).

2105.

Local educational agency authorized activities

(a)

In General

Local educational agencies shall use funds made available under section 2104 to develop, implement, and evaluate comprehensive programs and activities, which are coordinated with other school and community-based services and programs, that are in accordance with the purpose of this title and—

(1)

are consistent with the principles of effectiveness described in subsection (b); and

(2)

may include, among other programs and activities—

(A)

developing and implementing rigorous, transparent, and fair evaluation systems for teachers and principals that take into account data on student academic achievement and growth as a significant factor;

(B)

developing and implementing initiatives to assist in recruiting, hiring, and retaining highly effective teachers and principals, particularly in high-poverty schools with high percentages of ineffective teachers and high percentages of students who do not meet proficient levels of achievement in the core academic subjects, including initiatives that provide—

(i)

differential, incentive, or bonus pay for teachers in high-need academic subject areas and specialty areas;

(ii)

performance-based pay systems for teachers and principals;

(iii)

teacher advancement, professional growth, and emphasis on multiple career paths and pay differentiation; and

(iv)

new teacher and principal induction and mentoring programs that are designed to improve instruction, student learning and achievement, and to increase teacher and principal retention;

(C)

recruiting qualified individuals from other fields, including mid-career professionals from other occupations, former military personnel, and recent graduates of an institution of higher education with a record of academic distinction who demonstrate the potential to become highly effective teachers or principals;

(D)

establishing, improving, or expanding model instructional programs in the core academic subjects to ensure that all children receive a well-rounded and complete education;

(E)

providing high-quality professional development for teachers and principals focused on improving teaching and student learning and achievement in the core academic subjects, including supporting efforts to train teachers and principals to effectively integrate technology into curricula and instruction;

(F)

programs and activities that increase the ability of teachers and other school personnel to implement positive behavioral interventions and supports and early intervening services to improve academic achievement and reduce student disciplinary actions;

(G)

providing students with increased access to up-to-date school library materials, a well-equipped, technologically advanced school library media center, and well-trained professionally certified school library media specialists;

(H)

programs and activities to help students prepare for postsecondary level coursework in the core academic subjects, including early college or dual enrollment programs, Advanced Placement and International Baccalaureate programs, and other advanced learning programs, including programs to meet the educational needs of gifted and talented students;

(I)

programs that support extended learning opportunities in the core academic subjects, including before and after school programs, summer school programs, and programs that extend the school day, week, or school-year calendar;

(J)

recruiting effective teachers to reduce class size, particularly for the early grades; and

(K)

other activities and programs identified as necessary by the local educational agency through the needs assessment conducted under section 2104(b)(3) that meet the purpose of this title.

(b)

Principles of effectiveness

(1)

In general

For a program or activity developed pursuant to this title to meet the principles of effectiveness, such program or activity shall—

(A)

be based upon an assessment of objective data regarding the need for programs and activities in the elementary schools and secondary schools to be served to—

(i)

increase the number of teachers and principals who are effective in improving student academic achievement; and

(ii)

ensure that low-income and minority students are served by effective teachers and principals and have access to a high-quality instructional program in the core academic subjects;

(B)

be based upon an established set of performance measures aimed at ensuring that all students receive a high-quality education in the core academic subjects, taught by effective teachers, that results in improved student academic achievement in the elementary schools and secondary schools to be served by the program;

(C)

reflect, to the extent practicable, scientifically valid research, or in the absence of a strong research base, reflect best practices in the field, that provides evidence that the program or activity will improve student academic achievement in the core academic subjects; and

(D)

include meaningful and ongoing consultation with and input from teachers, principals, and parents, in the development of the application and administration of the program or activity.

(2)

Periodic evaluation

(A)

In general

The program or activity shall undergo a periodic evaluation to assess its progress toward achieving the goal of providing students with a high-quality education in the core academic subjects, taught by effective teachers, that results in improved student academic achievement.

(B)

Use of results

The results of evaluations described under subparagraph (A) shall be—

(i)

used to refine, improve, and strengthen the program or activity, and to refine the performance measures; and

(ii)

made available to the public upon request, with public notice of such availability provided.

2106.

National activities

(a)

Technical assistance and national evaluation

Of the funds reserved by the Secretary under section 2103(a)(1), the Secretary may carry out directly or through grants and contracts—

(1)

technical assistance to States and local educational agencies carrying out activities under this title; and

(2)

national evaluations of activities carried out by States and local educational agencies under this title.

(b)

Programs of national significance

Of the funds reserved by the Secretary under section 2103(a)(1), the Secretary may award grants, on a competitive basis, for teacher preparation and professional development activities and programs to national nonprofit organizations with a demonstrated track record of meeting the purpose of this title.

2107.

Supplement, not supplant

Funds made available under this title shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this title.

2108.

Prohibition against Federal mandates, direction, or control

Nothing in this title shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, control, or exercise any direction or supervision over a State, local educational agency, or school's instructional content or materials, curriculum, program of instruction, academic content and student academic achievement standards, or academic assessments.

2109.

Authorization of appropriations

There are authorized to be appropriated to carry out this title $3,285,993,842 for each of fiscal years 2012 through 2016.

.

3.

Safe and healthy students

The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended—

(1)

in title IV (20 U.S.C. 7101)—

(A)

by redesignating subpart 3 of part A as subpart 5 of part E of title IX and moving that subpart to follow subpart 4 of part E of title IX;

(B)

by redesignating section 4141 as section 9561;

(C)

by redesignating section 4155 as section 9537 and moving that section so as to follow section 9536;

(D)

by redesignating part C as subpart 6 of part E of title IX and moving that subpart to the end of part E of title IX; and

(E)

by redesignating sections 4301, 4302, 4303, and 4304, as sections 9571, 9572, 9573, and 9574, respectively; and

(2)

by striking title IV (20 U.S.C. 7101) and inserting the following:

IV

Safe and healthy students

4101.

Purpose

The purpose of this title is to improve students’ safety, health, and well-being during and after the school day by—

(1)

increasing the capacity of local educational agencies, schools, and local communities to create safe, healthy, supportive, and drug-free environments;

(2)

carrying out programs designed to improve school safety and promote students’ physical and mental health well-being, healthy eating and nutrition, and physical fitness;

(3)

preventing and reducing substance abuse, school violence, and bullying; and

(4)

strengthening parent and community engagement to ensure a healthy, safe, and supportive school environment.

4102.

Definitions

In this title:

(1)

Controlled substance

The term controlled substance means a drug or other substance identified under Schedule I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).

(2)

Drug

The term drug includes controlled substances, the illegal use of alcohol or tobacco, and the harmful, abusive, or addictive use of substances, including inhalants and anabolic steroids.

(3)

Drug and violence prevention

The term drug and violence prevention means—

(A)

with respect to drugs, prevention, early intervention, rehabilitation referral, or education related to the illegal use of drugs; and

(B)

with respect to violence, the promotion of school safety, such that students and school personnel are free from violent and disruptive acts, including sexual harassment and abuse, and victimization associated with prejudice and intolerance, on school premises, going to and from school, and at school-sponsored activities, though the creation and maintenance of a school environment that is free of weapons and fosters individual responsibility and respect for the rights of others.

(4)

School-based mental health services provider

The term school-based mental health services provider includes a State licensed or State certified school counselor, school psychologist, school social worker, or other State licensed or certified mental health professional qualified under State law to provide such services to children and adolescents.

(5)

State

The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

4103.

Formula grants to States

(a)

Reservations

From the total amount appropriated under section 4108 for a fiscal year, the Secretary shall reserve—

(1)

not more than 1 percent for national activities, which the Secretary may carry out directly or through grants and contracts, such as providing technical assistance to States and local educational agencies carrying out activities under this title or conducting a national evaluation;

(2)

one-half of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this title; and

(3)

one-half of 1 percent for the Secretary of the Interior for programs under this title in schools operated or funded by the Bureau of Indian Education.

(b)

State allotments

(1)

Allotment

(A)

In general

In accordance with subparagraph (B), the Secretary shall allot among each of the States the total amount made available to carry out this title for any fiscal year and not reserved under subsection (a).

(B)

Determination of state allotment amounts

Subject to paragraph (2), the Secretary shall allot the amount made available under subparagraph (A) for a fiscal year among the States in proportion to the number of children, aged 5 to 17, who reside within the State and are from families with incomes below the poverty line for the most recent fiscal year for which satisfactory data are available, compared to the number of such individuals who reside in all such States for that fiscal year.

(2)

Small State minimum

No State receiving an allotment under paragraph (1) may receive less than one-half of 1 percent of the total amount allotted under such paragraph.

(3)

Reallotment

If a State does not receive an allotment under this title for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the remaining States in accordance with this section.

(c)

State use of funds

(1)

In general

Each State that receives an allotment under this section shall reserve not less than 98 percent of the amount allotted to such State under subsection (b), for each fiscal year for subgrants to local educational agencies under section 4104.

(2)

State administration

A State educational agency may use not more than 1 percent of the amount made available to the State under subsection (b) for the administrative costs of carrying out its responsibilities under this title.

(3)

State activities

A State educational agency may use the amount made available to the State under subsection (b) and not reserved under paragraph (1) for the following activities:

(A)

Providing training, technical assistance, and capacity building to local educational agencies that are recipients of awards under this title.

(B)

Other activities identified by the State that meet the purpose of this title.

(d)

State application

(1)

In general

In order to receive an allotment under this section for any fiscal year, a State shall submit an application to the Secretary, at such time, in such manner, and containing such information that the Secretary may reasonably require.

(2)

Contents

Each application submitted by a State under this section shall include the following:

(A)

A description of how the State educational agency will use funds received under this title for State-level activities.

(B)

An assurance that the State educational agency will monitor the implementation of activities under this title and provide technical assistance to local educational agencies in carrying out such activities.

(C)

An assurance that, apart from providing technical and advisory assistance and monitoring compliance with this title, the State educational agency has not exercised, and will not exercise, any influence in the decisionmaking processes of local educational agencies as to the expenditure of funds made pursuant to an application submitted under section 4104.

4104.

Subgrants to local educational agencies

(a)

Allocations to local educational agencies

(1)

In general

A State that receives an allotment under this title for a fiscal year shall provide the amount made available under section 4103(c)(1) for subgrants to local educational agencies in accordance with this section.

(2)

Funds to local educational agencies

From the funds reserved by a State under section 4103(c)(1), the State shall allocate to each local educational agency in the State an amount that bears the same relationship to such funds as the number of individuals ages 5 to 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of such individuals in the geographic areas served by all the local educational agencies in the State, as so determined.

(3)

Administrative costs

Of the amount received under paragraph (2), a local educational agency may use not more than 2 percent for the direct administrative costs of carrying out its responsibilities under this title.

(b)

Local applications

(1)

In general

To be eligible to receive a subgrant under this section, a local educational agency shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require.

(2)

Consultation

(A)

In general

A local educational agency shall conduct the needs assessment described in paragraph (3), and develop its application, through consultation with parents, teachers, principals, pupil services personnel, students, community-based organizations, local government representatives, and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this title.

(B)

Continued consultation

On an ongoing basis, the local educational agency shall consult with the individuals and organizations described in subparagraph (A) in order to seek advice regarding how best—

(i)

to improve the local educational agency's activities in order to meet the purpose of this title; and

(ii)

to coordinate such agency's activities under this title with other related strategies, programs, and activities being conducted in the community.

(3)

Needs assessment

(A)

In general

To be eligible to receive a subgrant under this section, a local educational agency shall conduct a comprehensive needs assessment of the local educational agency and of all schools within the jurisdiction of the local educational agency.

(B)

Requirements

The needs assessment required under subparagraph (A) shall take into account risk factors of the community, school, family, or peer-individual domains that are known, through prospective, longitudinal research efforts, to be predictive of drug use, violent behavior, and the physical and mental health and well-being of youth in the school and community.

(4)

Contents

Each application submitted under this subsection shall be based on the needs assessment described in paragraph (3) and shall include the following:

(A)

The results of the needs assessment described in paragraph (3) and an identification of each school that will be served by a subgrant under this section.

(B)

A description of the activities to be carried out by the local educational agency under this title and how these activities are aligned with the results of the needs assessment conducted under paragraph (3).

(C)

A description of the performance indicators that will be used to evaluate the effectiveness of the activities carried out under this section.

(D)

An assurance that the activities will comply with the principles of effectiveness described in section 4105(b), and foster a healthy, safe, and supportive school environment that improves students’ safety, health, and well-being during and after the school day.

(E)

An assurance that the local educational agency will prioritize funds to schools served by the local educational agency that—

(i)

are among the schools with the greatest needs as identified through the needs assessment conducted under paragraph (3);

(ii)

have the highest percentages or numbers of children counted under section 1124(c);

(iii)

are identified for school improvement under section 1116; or

(iv)

are identified as a persistently dangerous public elementary school or secondary school under section 9532.

(F)

An assurance that the local educational agency will comply with section 9501 (regarding participation by private school children and teachers).

4105.

Local educational agency authorized activities

(a)

Local educational agency activities

A local educational agency that receives a subgrant under section 4104 shall use the subgrant funds to develop, implement, and evaluate comprehensive programs and activities, which are coordinated with other schools and community-based services and programs, that are in accordance with the purpose of this title and—

(1)

foster safe, healthy, supportive, and drug-free environments that support student academic achievement;

(2)

are consistent with the principles of effectiveness described in subsection (b);

(3)

promote the involvement of parents in the activity or program; and

(4)

may include, among other programs and activities—

(A)

drug and violence prevention activities and programs, including professional development and training for school and pupil services personnel, and interested community members in prevention, education, early identification, and intervention mentoring, or rehabilitation referral, as related to drug and violence prevention;

(B)

before and after school programs and activities, including during summer recess periods, and programs to extend the school day, week, or school-year calendar;

(C)

school-based mental health services, including early identification of drug use and violence, and direct individual or group counseling services provided by qualified school-based mental health services providers;

(D)

emergency intervention services following traumatic crisis events;

(E)

programs that train school personnel to identify warning signs of youth suicide;

(F)

mentoring programs and activities for children who are at risk of academic failure, dropping out of school, or involvement in criminal or delinquent activities, or who lack strong positive role models;

(G)

elementary school and secondary school counseling programs;

(H)

programs or activities that support a healthy, active lifestyle, including nutritional education and regular, structured physical education programs for elementary school and secondary school students;

(I)

implementation of schoolwide positive behavioral interventions and supports, including through coordination with similar activities carried out under the Individuals with Disabilities Education Act; and

(J)

other activities and programs identified as necessary by the local educational agency through the needs assessment conducted under section 4104(b)(3) that meet the purpose of this title.

(b)

Principles of effectiveness

(1)

In general

For a program or activity developed pursuant to this title to meet the principles of effectiveness, such program or activity shall—

(A)

be based upon an assessment of objective data regarding the need for programs and activities in the elementary schools and secondary schools and communities to be served to—

(i)

improve school safety and promote students’ physical and mental health well-being, healthy eating and nutrition, and physical fitness; and

(ii)

strengthen parent and community engagement to ensure a healthy, safe, and supportive school environment;

(B)

be based upon an established set of performance measures aimed at ensuring a healthy, safe, and supportive school environment for students in the elementary schools and secondary schools and communities to be served by the program;

(C)

reflect, to the extent practicable, scientifically valid research, or in the absence of a strong research base, reflect best practices in the field, that provides evidence that the program or activity will provide students a healthy, safe, and supportive school environment; and

(D)

include meaningful and ongoing consultation with and input from parents in the development of the application and administration of the program or activity.

(2)

Periodic evaluation

(A)

In general

The program or activity shall undergo a periodic evaluation to assess its progress toward achieving its goal of providing students a healthy, safe, and supportive school environment that promotes school safety and students’ physical and mental health and well-being, healthy eating and nutrition, and physical fitness.

(B)

Use of results

The results of evaluations under subparagraph (A) shall be—

(i)

used to refine, improve, and strengthen the program or activity, and to refine the performance measures; and

(ii)

made available to the public upon request, with public notice of such availability provided.

4106.

Supplement, not supplant

Funds made available under this title shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this title.

4107.

Prohibited use of funds

No funds under this title may be used for—

(1)

construction; or

(2)

medical services, drug treatment or rehabilitation, except for pupil services or referral to treatment for students who are victims of, or witnesses to, crime or who illegally use drugs.

4108.

Authorization of appropriations

There are authorized to be appropriated to carry out this title $1,453,172,830 for each of fiscal years 2012 through 2016.

.

4.

Transferability of funds

Section 6123 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7305b) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1)—

(i)

in the matter preceding subparagraph (A), by striking not more than 50 percent and inserting all, or any portion,; and

(ii)

by striking subparagraphs (A) through (D) and inserting the following:

(A)

Section 2103(c)(3).

(B)

Section 4103(c)(2)(B).

; and

(B)

in paragraph (2), by striking and subject to the 50 percent limitation described in paragraph (1); and

(2)

in subsection (b)—

(A)

in paragraph (1)—

(i)

in subparagraph (A)—

(I)

by striking (except and all that follows through 50 percent and inserting may transfer all, or any portion, of; and

(II)

by striking subparagraph (C) and inserting subparagraph (B);

(ii)

by striking subparagraph (B);

(iii)

by redesignating subparagraph (C) as subparagraph (B); and

(iv)

in subparagraph (B) (as redesignated by clause (iii)), by striking and subject and all that follows through as applicable; and

(B)

in paragraph (2)—

(i)

in the matter preceding subparagraph (A), by striking ,(B), or (C) and inserting or (B); and

(ii)

by striking subparagraphs (A) through (D) and inserting the following:

(A)

Section 2104.

(B)

Section 4104.

.

5.

Application Approval Processes

Title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.) is amended by adding at the end the following:

G

Approval and Disapproval of State and local Applications

9701.

Approval and Disapproval of State Applications

(a)

Deemed approval

An application submitted by a State pursuant to section 2103(d) or section 4103(d) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with section 2103(d) or section 4103(d), as applicable.

(b)

Disapproval Process

(1)

In General

The Secretary shall not finally disapprove an application submitted under section 2103(d) or section 4103(d), except after giving the State educational agency notice and an opportunity for a hearing.

(2)

Notification

If the Secretary finds that the application is not in compliance, in whole or in part, with section 2103(d) or section 4103(d), as applicable, the Secretary shall—

(A)

give the State educational agency notice and an opportunity for a hearing; and

(B)

notify the State educational agency of the finding of noncompliance and, in such notification, shall—

(i)

cite the specific provisions in the application that are not in compliance; and

(ii)

request additional information, only as to the noncompliant provisions, needed to make the application compliant.

(3)

Response

If the State educational agency responds to the Secretary's notification described in paragraph (2)(B) during the 45-day period beginning on the date on which the State educational agency received the notification, and resubmits the application with the requested information described in paragraph (2)(B)(ii), the Secretary shall approve or disapprove such application prior to the later of—

(A)

the expiration of the 45-day period beginning on the date on which the application is resubmitted; or

(B)

the expiration of the 120-day period described in subsection (a).

(4)

Failure To respond

If the State educational agency does not respond to the Secretary's notification described in paragraph (2)(B) during the 45-day period beginning on the date on which the State educational agency received the notification, such application shall be deemed to be disapproved.

9702.

Approval and Disapproval of Local Educational Agency Applications

(a)

Deemed approval

An application submitted by a local educational agency pursuant to section 2104(b) or section 4104(b) shall be deemed to be approved by the State educational agency unless the State educational agency makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the State educational agency received the application, that the application is not in compliance with section 2104(b) or section 4104(b), as applicable.

(b)

Disapproval Process

(1)

In General

The State educational agency shall not finally disapprove an application submitted under section 2104(b) or section 4104(b), except after giving the local educational agency notice and opportunity for a hearing.

(2)

Notification

If the State educational agency finds that the application is not in compliance, in whole or in part, with section 2104(b) or section 4104(b), as applicable, the State educational agency shall—

(A)

give the local educational agency notice and an opportunity for a hearing; and

(B)

notify the local educational agency of the finding of noncompliance, and in such notification, shall—

(i)

cite the specific provisions in the application that are not in compliance; and

(ii)

request additional information, only as to the noncompliant provisions, needed to make the application compliant.

(3)

Response

If the local educational agency responds to the State educational agency's notification described in paragraph (2)(B) during the 45-day period beginning on the date on which the local educational agency received the notification, and resubmits the application with the requested information described in paragraph (2)(B)(ii), the State educational agency shall approve or disapprove such application prior to the later of—

(A)

the expiration of the 45-day period beginning on the date on which the application is resubmitted; or

(B)

the expiration of the 120-day period described in subsection (a).

(4)

Failure to respond

If the local educational agency does not respond to the State educational agency's notification described in paragraph (2)(B) during the 45-day period beginning on the date on which the local educational agency received the notification, such application shall be deemed to be disapproved.

.

6.

Program Eliminations

The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended—

(1)

in title I (20 U.S.C. 6301 et seq.)—

(A)

by repealing part B (20 U.S.C. 6361 et seq.), part F (20 U.S.C. 6511 et seq.), and part G (20 U.S.C. 6531 et seq.);

(B)

by striking section 1504 (20 U.S.C. 6494); and

(C)

in section 1002 (20 U.S.C. 6302)—

(i)

by striking subsections (b), (f), and (g);

(ii)

by redesignating subsections (c) through (e), (h), and (i) as subsections (b) through (d), (e), and (f), respectively; and

(iii)

in subsection (d) (as redesignated by subparagraph (B))—

(I)

by striking paragraph (2); and

(II)

by striking Activities.— and all that follows through For and inserting the following: Activities—. For; and

(2)

in title V (20 U.S.C. 7201 et seq.) by repealing part A and striking part D.