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S. 1094 (113th): Strengthening America’s Schools Act of 2013


The text of the bill below is as of Oct 11, 2013 (Reported by Senate Committee). The bill was not enacted into law.


II

Calendar No. 218

113th CONGRESS

1st Session

S. 1094

[Report No. 113–113]

IN THE SENATE OF THE UNITED STATES

June 4, 2013

(for himself, Ms. Mikulski, Mrs. Murray, Mr. Sanders, Mr. Casey, Mrs. Hagan, Mr. Franken, Mr. Bennet, Mr. Whitehouse, Ms. Baldwin, Mr. Murphy, and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

October 11, 2013

Reported by , with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To amend the Elementary and Secondary Education Act of 1965, and for other purposes.

1.

Short title

This Act may be cited as the Strengthening America's Schools Act of 2013.

2.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. References.

Sec. 4. Transition.

Sec. 5. Effective dates.

Sec. 6. Table of contents of the Elementary and Secondary Education Act of 1965.

Sec. 7. Authorization of appropriations.

TITLE I—College and career readiness for all students

Sec. 1001. Purpose.

Sec. 1002. State reservations.

Part A—Improving the academic achievement of the disadvantaged

Sec. 1111. State and local requirements.

Sec. 1112. Local educational agency plans.

Sec. 1113. Eligible school attendance areas.

Sec. 1114. Schoolwide programs.

Sec. 1115. Targeted assistance schools.

Sec. 1116. School performance.

Sec. 1117. Qualifications for teachers and paraprofessionals.

Sec. 1118. Parent and family engagement.

Sec. 1119. Technical correction regarding complaint process for section 1119.

Sec. 1120. Comparability of services.

Sec. 1121. Coordination requirements.

Sec. 1122. Grants for the outlying areas and the Secretary of the Interior.

Sec. 1123. Allocations to States.

Sec. 1124. Education finance incentive grant program.

Sec. 1125. Blue ribbon schools; centers for excellence in early childhood.

Sec. 1126. Grants for State assessments and related activities.

Part B—Pathways to college

Sec. 1201. Improving secondary schools.

Part C—Education of migratory children

Sec. 1301. Program purpose.

Sec. 1302. Program authorized.

Sec. 1303. State allocations.

Sec. 1304. State applications; services.

Sec. 1305. Secretarial approval; peer review.

Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities.

Sec. 1307. Bypass.

Sec. 1308. National activities.

Sec. 1309. Performance data; evaluations and study; State assistance.

Sec. 1310. Definitions.

Part D—Prevention and intervention programs for children and youth who are neglected, delinquent, or at-Risk

Sec. 1401. Purpose and program authorization.

Sec. 1402. Allocation of funds.

Sec. 1403. State plan and State agency applications.

Sec. 1404. Use of funds.

Sec. 1405. Institution-wide projects.

Sec. 1406. Transition services.

Sec. 1407. Program evaluation.

Sec. 1408. Purpose of local agency programs.

Sec. 1409. Programs operated by local educational agencies.

Sec. 1410. Local educational agency applications.

Sec. 1411. Uses of funds.

Sec. 1412. Program requirements for correctional facilities receiving funds under this section.

Sec. 1413. Accountability.

Sec. 1414. Program evaluations.

Sec. 1415. Definitions.

Part E—Educational stability of children in foster care

Sec. 1501. Educational stability of children in foster care.

Part F—General provisions

Sec. 1601. Reorganization.

TITLE II—Supporting teacher and principal excellence

Sec. 2101. Supporting teacher and principal excellence.

TITLE III—Language and academic content instruction for English learners and immigrant students

Sec. 3001. Language and academic content instruction for English learners and immigrant students.

TITLE IV—Supporting successful, well-rounded students

Sec. 4101. Redesignations.

Sec. 4102. Improving literacy instruction and student achievement.

Sec. 4103. Improving science, technology, engineering, and math instruction and student achievement.

Sec. 4104. Increasing access to a well-rounded education.

Sec. 4105. Successful, safe, and healthy students.

Sec. 4106. Student non-discrimination.

Sec. 4107. 21st Century Community Learning Centers.

Sec. 4108. Promise neighborhoods.

Sec. 4109. Parent and family information and resource centers.

Sec. 4110. Programs of national significance.

Sec. 4111. Competency-based assessment and accountability demonstration authority.

TITLE V—Promoting innovation

Sec. 5001. Promoting innovation.

Part A—Race to the Top

Sec. 5101. Race to the Top.

Part B—Investing in innovation

Sec. 5201. Investing in innovation.

Part C—Magnet schools assistance

Sec. 5301. Findings and purpose.

Sec. 5302. Program authorized.

Sec. 5303. Applications and requirements.

Sec. 5304. Priority.

Sec. 5305. Use of funds.

Sec. 5306. Limitations.

Sec. 5307. Evaluations.

Sec. 5308. Availability of funds for grants to agencies not previously assisted.

Part D—Public charter schools

Sec. 5401. Public charter schools.

Part E—Voluntary public school choice

Sec. 5501. Voluntary public school choice.

TITLE VI—Promoting flexibility; rural education

Sec. 6101. Promoting flexibility.

Sec. 6102. Rural education.

Sec. 6103. General provisions.

TITLE VII—Indian, Native Hawaiian, and Alaska Native education

Part A—Indian education

Sec. 7101. Purpose.

SUBPART 1—Formula grants to local educational agencies

Sec. 7111. Formula grant purpose.

Sec. 7112. Grants to local educational agencies, tribes, and Indian organizations.

Sec. 7113. Amount of grants.

Sec. 7114. Applications.

Sec. 7115. Authorized services and activities.

Sec. 7116. Integration of services authorized.

Sec. 7117. Student eligibility forms.

SUBPART 2—Special programs and projects to improve educational opportunities for Indian children and youth

Sec. 7121. Special programs and projects to improve educational opportunities for Indian children and youth.

Sec. 7122. Improvement of educational opportunities for Indian children and youth.

Sec. 7123. Professional development for teachers and education professionals.

SUBPART 3—National activities

Sec. 7131. National activities.

Sec. 7132. Grants to tribes for education administrative planning and development.

SUBPART 4—Federal Administration

Sec. 7141. National Advisory Council on Indian Education.

SUBPART 5—Definitions; authorization of appropriations

Sec. 7151. Definitions; authorization of appropriations.

Part B—Native Hawaiian education; Alaska Native education

Sec. 7201. Native Hawaiian education and Alaska Native education.

SUBPART 1—Native Hawaiian education

Sec. 7202. Findings.

Sec. 7203. Purposes.

Sec. 7204. Native Hawaiian Education Council.

Sec. 7205. Program authorized.

Sec. 7206. Administrative provisions.

Sec. 7207. Definitions.

SUBPART 2—Alaska Native Education

Sec. 7301. Alaska Native education.

TITLE VIII—Impact aid

Sec. 8001. Purpose.

Sec. 8002. Payments relating to Federal acquisition of real property.

Sec. 8003. Payments for eligible federally connected children.

Sec. 8004. Construction.

Sec. 8005. Facilities.

Sec. 8006. Federal administration.

Sec. 8007. Definitions.

Sec. 8008. Conforming amendment.

Sec. 8009. Eligibility for impact aid payment.

Sec. 8010. Repeal of sunset under the NDAA amendments to Impact Aid.

TITLE IX—General provisions

Sec. 9101. Definitions.

Sec. 9102. Unsafe school choice option.

Sec. 9103. Evaluation authority.

Sec. 9104. Conforming amendments.

TITLE X—Commission on Effective Regulation and Assessment Systems for Public Schools

Sec. 10011. Short title.

Sec. 10012. Definitions.

Sec. 10013. Establishment of Commission on Effective Regulation and Assessment Systems for Public Schools.

Sec. 10014. Powers of the Commission.

Sec. 10015. Duties of the Commission.

Sec. 10016. Commission personnel matters.

TITLE XI—Amendments to other laws; miscellaneous provisions

Part A—Amendments to other laws

SUBPART 1—McKinney-Vento Homeless Assistance Act

Sec. 11011. Short title.

Sec. 11012. Education for homeless children and youth.

SUBPART 2—Advanced Research Projects Agency-Education

Sec. 11021. Advanced Research Projects Agency-Education.

Part B—Miscellaneous provisions

Sec. 11211. Technical and conforming amendments.

3.

References

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).

4.

Transition

(a)

Multi-Year awards

Except as otherwise provided in this Act, the recipient of a multi-year award under the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act, shall continue to receive funds in accordance with the terms of that award, except that no additional funds may be awarded after September 30, 2014. In the case of a State that received a flexibility waiver from the Secretary of Education under the authority of section 9401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7861), as such section was in effect on the day before the date of enactment of this Act, such waiver shall no longer apply, and no additional funds associated with such waiver shall be awarded, after the completion of the original waiver period.

(b)

Planning and transition

Notwithstanding any other provision of law, a recipient of funds under the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act, may use funds available to the recipient under that predecessor authority to carry out necessary and reasonable planning and transition activities in order to ensure an orderly implementation of programs authorized by this Act, and the amendments made by this Act.

(c)

Orderly Transition

The Secretary shall take such steps as are necessary to provide for the orderly transition to, and implementation of, programs authorized by this Act, and by the amendments made by this Act, from programs authorized by the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act except in such cases where this Act requires specific transition steps to take place.

5.

Effective dates

(a)

In general

Except as otherwise provided in this Act, this Act, and the amendments made by this Act, shall be effective upon the date of enactment of this Act.

(b)

Noncompetitive programs

With respect to noncompetitive programs under which any funds are allotted by the Secretary of Education to recipients on the basis of a formula, this Act, and the amendments made by this Act, shall take effect on July 1, 2013.

(c)

Competitive programs

With respect to programs that are conducted by the Secretary on a competitive basis, this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under those programs for fiscal year 2014.

(d)

Impact Aid

With respect to title VIII (Impact Aid), this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under that title for fiscal year 2014.

6.

Table of contents of the Elementary and Secondary Education Act of 1965

Section 2 is amended to read as follows:

2.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Authorization of appropriations.

TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

Sec. 1001. Purpose.

Sec. 1002. State administration and State accountability and support.

Part A—Improving Basic Programs Operated by Local Educational Agencies

Subpart 1—Basic Program Requirements

Sec. 1111. State and local requirements.

Sec. 1112. Local educational agency plans.

Sec. 1113. Eligible school attendance areas.

Sec. 1114. Schoolwide programs.

Sec. 1115. Targeted assistance schools.

Sec. 1116. School performance.

Sec. 1117. Qualifications for teachers and paraprofessionals.

Sec. 1118. Parent and family engagement.

Sec. 1119. Participation of children enrolled in private schools.

Sec. 1120. Fiscal requirements.

Sec. 1120A. Coordination requirements.

Subpart 2—Allocations

Sec. 1121. Grants for the outlying areas and the Secretary of the Interior.

Sec. 1122. Allocations to States.

Sec. 1124. Basic grants to local educational agencies.

Sec. 1124A. Concentration grants to local educational agencies.

Sec. 1125. Targeted grants to local educational agencies.

Sec. 1125AA. Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 2001.

Sec. 1125A. Education finance incentive grant program.

Sec. 1126. Special allocation procedures.

Subpart 3—Blue ribbon schools; centers of excellence in early childhood; green ribbon schools.

Sec. 1131. Blue ribbon schools.

Sec. 1132. Centers of excellence in early childhood.

Sec. 1133. Green ribbon schools.

Subpart 4—Grants for State assessments and related activities.

Sec. 1141. Grants for State assessments and related activities.

Part B—Pathways to college

Subpart 1—Improving Secondary Schools

Sec. 1201. Secondary school reform.

Subpart 2—Accelerated Learning

Sec. 1221. Purposes.

Sec. 1222. Funding distribution rule.

Sec. 1223. Advanced Placement and International Baccalaureate examination fee program.

Sec. 1224. Advanced Placement and International Baccalaureate incentive program grants.

Sec. 1225. Supplement, not supplant.

Sec. 1226. Definitions.

Part C—Education of Migratory Children

Sec. 1301. Program purpose.

Sec. 1302. Program authorized.

Sec. 1303. State allocations.

Sec. 1304. State applications; services.

Sec. 1305. Secretarial approval; peer review.

Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities.

Sec. 1307. Bypass.

Sec. 1308. National activities.

Sec. 1309. Performance data.

Sec. 1310. Evaluation and study.

Sec. 1311. State assistance in determining number of migratory children.

Sec. 1312. Definitions.

Part D—Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk

Sec. 1401. Purpose and program authorization.

Sec. 1402. Payments for programs under this part.

Subpart 1—State Agency Programs

Sec. 1411. Eligibility.

Sec. 1412. Allocation of funds.

Sec. 1413. State reallocation of funds.

Sec. 1414. State plan and State agency applications.

Sec. 1415. Use of funds.

Sec. 1416. Institution-wide projects.

Sec. 1417. Three-year programs or projects.

Sec. 1418. Transition services.

Sec. 1419. Program evaluation.

Subpart 2—Local Agency Programs

Sec. 1421. Purpose.

Sec. 1422. Programs operated by local educational agencies.

Sec. 1423. Local educational agency applications.

Sec. 1424. Uses of funds.

Sec. 1425. Program requirements for correctional facilities receiving funds under this section.

Sec. 1426. Accountability.

Subpart 3—General Provisions

Sec. 1431. Program evaluations.

Sec. 1432. Definitions.

Part E—Educational stability of children in foster care

Sec. 1501. Educational stability of children in foster care.

Sec. 1502. Definitions.

Part F—General Provisions

Sec. 1601. Federal regulations.

Sec. 1602. Agreements and records.

Sec. 1603. State administration.

Sec. 1604. Local educational agency spending audits.

Sec. 1605. Prohibition against Federal mandates, direction, or control.

Sec. 1606. Rule of construction on equalized spending.

Sec. 1607. State report on dropout data.

Sec. 1608. Regulations for sections 1111 and 1116.

TITLE II—SUPPORTING TEACHER AND PRINCIPAL EXCELLENCE

Part A—Continuous Improvement and Support for Teachers and Principals

Sec. 2101. Purpose.

Sec. 2102. Definitions.

Subpart 1—Grants to States

Sec. 2111. Allotments to States.

Sec. 2112. State applications.

Sec. 2113. State use of funds.

Subpart 2—Subgrants to Local Educational Agencies

Sec. 2121. Allocations to local educational agencies.

Sec. 2122. Local applications and needs assessment.

Sec. 2123. Local use of funds.

Subpart 3—National leadership activities

Sec. 2131. National leadership activities.

Sec. 2132. Gifted and talented students.

Subpart 4—Accountability

Sec. 2141. Accountability.

Subpart 5—Principal Recruitment and Training

Sec. 2151. Principal recruitment and training grant program.

Part B—Teacher Pathways to the Classroom

Sec. 2201. Teacher Pathways.

Part C—Teacher Incentive Fund Program

Sec. 2301. Purposes; definitions.

Sec. 2302. Teacher incentive fund grants.

Part D—Achievement through Technology and Innovation

Sec. 2401. Short title.

Sec. 2402. Purposes and goals.

Sec. 2403. Definitions.

Sec. 2404. Allocation of funds; limitation.

Sec. 2405. E-rate restriction.

Sec. 2406. Rule of construction regarding purchasing.

Subpart 1—State and Local Grants

Sec. 2411. Allotment and reallotment.

Sec. 2412. Use of allotment by State.

Sec. 2413. State applications.

Sec. 2414. State activities.

Sec. 2415. Local applications.

Sec. 2416. Local activities.

Sec. 2417. Reporting.

Subpart 2—Internet Safety

Sec. 2421. Internet safety.

TITLE III—LANGUAGE AND ACADEMIC CONTENT INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS

Part A—English Language Acquisition, Language Enhancement, and Academic Achievement Act

Sec. 3101. Short title.

Sec. 3102. Purposes.

Subpart 1—Grants and Subgrants for English Language Acquisition and Language Enhancement

Sec. 3111. Formula grants to States.

Sec. 3112. Native American and Alaska Native children in school.

Sec. 3113. State educational agency plans.

Sec. 3114. Within-State allocations.

Sec. 3115. Subgrants to eligible entities.

Sec. 3116. Local plans.

Subpart 2—Accountability and Administration

Sec. 3121. Local evaluation and accountability.

Sec. 3122. State accountability.

Sec. 3123. Reporting requirements.

Sec. 3124. Coordination with related programs.

Sec. 3125. Rules of construction.

Sec. 3126. Legal authority under State law.

Sec. 3127. Civil rights.

Sec. 3128. Programs for Native Americans and Puerto Rico.

Sec. 3129. Prohibition.

Subpart 3—National Activities

Sec. 3131. Professional development grants.

Sec. 3132. Commission on Assessment of English Learners.

Sec. 3133. English language acquisition technology innovation grants.

Part B—General Provisions

Sec. 3201. Definitions.

Sec. 3202. Parental notification.

Sec. 3203. National Clearinghouse.

Sec. 3204. Regulations.

TITLE IV—SUPPORTING SUCCESSFUL, WELL-ROUNDED STUDENTS

Part A—Improving literacy instruction and student achievement

Subpart 1—Improving literacy instruction

Sec. 4101. Short title.

Sec. 4102. Purposes.

Sec. 4103. Definitions.

Sec. 4104. Program authorized.

Sec. 4105. State planning grants.

Sec. 4106. State implementation grants.

Sec. 4107. State activities.

Sec. 4108. Subgrants to eligible entities in support of birth through kindergarten entry literacy.

Sec. 4109. Subgrants to eligible entities in support of kindergarten through grade 12 literacy.

Sec. 4110. National evaluation, information dissemination, and technical assistance.

Sec. 4111. Rules of construction.

Subpart 2—Improving literacy and college and career readiness through effective school library programs

Sec. 4113. Purpose.

Sec. 4114. Definitions.

Sec. 4115. Improving literacy and college and career readiness through effective school library program grants.

Part B—Improving science, technology, engineering, and mathematics instruction and student achievement

Subpart 1—Improving STEM instruction and student achievement

Sec. 4201. Purpose.

Sec. 4202. Definitions.

Sec. 4203. Grants; allotments.

Sec. 4204. Applications.

Sec. 4205. Authorized activities.

Sec. 4206. Performance metrics; report.

Sec. 4207. Evaluation.

Sec. 4208. Supplement not supplant.

Sec. 4209. Maintenance of effort.

Subpart 2—STEM Master Teacher Corps program

4221. Purpose.

4222. Definitions.

4223. STEM Master Teacher Corps program.

4224. Application.

4225. Required use of funds.

4226. Performance metrics; reports.

4227. Supplement not supplant.

4228. Evaluation.

Part C—Increasing access to a well-Rounded education and financial literacy

Subpart 1—Increasing access to a well-rounded education

Sec. 4301. Purpose.

Sec. 4302. Definitions.

Sec. 4303. Grant program.

Subpart 2—Financial literacy education

Sec. 4311. Short title.

Sec. 4312. Statewide incentive grants for financial literacy education.

Part D—Successful, safe, and healthy students

Sec. 4401. Purpose.

Sec. 4402. Definitions.

Sec. 4403. Allocation of funds.

Sec. 4404. Successful, safe, and healthy students State grants.

Sec. 4405. Technical assistance.

Sec. 4406. Prohibited uses of funds.

Sec. 4407. Federal and State nondiscrimination laws.

Part E—Student non-discrimination

Sec. 4501. Short title.

Sec. 4502. Findings and purposes.

Sec. 4503. Definitions and rule.

Sec. 4504. Prohibition against discrimination.

Sec. 4505. Federal administrative enforcement; report to congressional committees.

Sec. 4506. Private cause of action.

Sec. 4507. Cause of action by the Attorney General.

Sec. 4508. State immunity.

Sec. 4509. Attorney's fees.

Sec. 4510. Effect on other laws.

Sec. 4511. Severability.

Sec. 4512. Effective date.

Part F—21st Century Community Learning Centers

Sec. 4601. Purpose; definitions.

Sec. 4602. Allotments to States.

Sec. 4603. State application.

Sec. 4604. Local competitive grant program.

Sec. 4605. Local activities.

Part G—Promise Neighborhoods

Sec. 4701. Short title.

Sec. 4702. Purpose.

Sec. 4703. Definitions.

Subpart 1—Promise Neighborhood Partnership Grants

Sec. 4711. Program authorized.

Sec. 4712. Eligible entities.

Sec. 4713. Application requirements.

Sec. 4714. Use of funds.

Sec. 4715. Report and publicly available data.

Sec. 4716. Accountability.

Subpart 2—Promise School Grants

Sec. 4721. Program authorized.

Sec. 4722. Definition of eligible entity.

Sec. 4723. Application requirements; priority.

Sec. 4724. Use of funds.

Sec. 4725. Report and publicly available data.

Sec. 4726. Performance accountability and evaluation.

Subpart 3—General Provisions

Sec. 4731. National activities.

Part H—Parent and family information and resource centers

Sec. 4801. Purpose.

Sec. 4802. Definition of eligible entity.

Sec. 4803. Grants authorized.

Sec. 4804. Applications.

Sec. 4805. Uses of funds.

Sec. 4806. Administrative provisions.

Part I—Ready-to-Learn

Sec. 4901. Ready-to-Learn.

Part J—Programs of National Significance

Sec. 4905. Programs authorized.

Sec. 4906. Applications.

Sec. 4907. Program requirements.

Part K—Competency-based assessment and accountability demonstration authority

Sec. 4909. Competency-based assessment and accountability demonstration authority.

TITLE V—PROMOTING INNOVATION

Part A—Race to the Top

Sec. 5101. Purposes.

Sec. 5102. Reservation of funds.

Sec. 5103. Race to the Top program.

Sec. 5104. Application process.

Sec. 5105. Performance measures.

Sec. 5106. Uses of funds.

Sec. 5107. Reporting.

Part B—Investing in Innovation

Sec. 5201. Purposes.

Sec. 5202. Reservations.

Sec. 5203. Program authorized; length of grants; priorities.

Sec. 5204. Applications.

Sec. 5205. Uses of funds.

Sec. 5206. Performance measures.

Sec. 5207. Reporting.

Part C—Magnet Schools Assistance

Sec. 5301. Findings and purpose.

Sec. 5302. Definition.

Sec. 5303. Program authorized.

Sec. 5304. Eligibility.

Sec. 5305. Applications and requirements.

Sec. 5306. Priority.

Sec. 5307. Use of funds.

Sec. 5308. Prohibition.

Sec. 5309. Limitations.

Sec. 5310. Evaluations.

Sec. 5311. Availability of funds for grants to agencies not previously assisted.

Part D—Public Charter Schools

Sec. 5401. Purpose.

Sec. 5402. Distribution of funds.

Subpart 1—Successful Charter Schools Program

Sec. 5411. Definitions.

Sec. 5412. Program authorized.

Sec. 5413. Applications.

Sec. 5414. Selection criteria; priority.

Sec. 5415. Uses of funds.

Sec. 5416. Subgrants.

Sec. 5417. Performance measures; reports.

Sec. 5418. Federal formula allocation during first year and for successive enrollment expansions.

Sec. 5419. Records transfer.

Sec. 5420. National activities.

Subpart 2—Charter School Facility Acquisition, Construction, and Renovation

Sec. 5431. Purpose.

Sec. 5432. Definitions.

Sec. 5433. Grants to eligible entities.

Sec. 5434. Charter school objectives.

Sec. 5435. Applications; selection criteria.

Sec. 5436. Reserve account.

Sec. 5437. Limitation on administrative costs.

Sec. 5438. Audits and reports.

Sec. 5439. No full faith and credit for grantee obligations.

Sec. 5440. Recovery of funds.

Part E—Voluntary Public School Choice Programs

Sec. 5501. Grants.

Sec. 5502. Uses of funds.

Sec. 5503. Applications.

Sec. 5504. Priorities.

Sec. 5505. Requirements and voluntary participation.

Sec. 5506. Evaluations.

Sec. 5507. Definitions.

TITLE VI—PROMOTING FLEXIBILITY; RURAL EDUCATION

Part A—Transferability

Sec. 6101. Transferability of funds.

Part B—Rural Education Initiative

Sec. 6201. Short title.

Sec. 6202. Purpose.

Subpart 1—Small, Rural School Achievement Program

Sec. 6211. Program authorized.

Sec. 6212. Academic achievement assessments.

Subpart 2—Rural and Low-Income School Program

Sec. 6221. Program authorized.

Sec. 6222. Uses of funds.

Sec. 6223. Applications.

Sec. 6224. Accountability.

Subpart 3—General Provisions

Sec. 6231. Choice of participation.

Sec. 6232. Annual average daily attendance determination.

Sec. 6233. Supplement, not supplant.

Sec. 6234. Rule of construction.

TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

Part A—Indian Education

Sec. 7101. Statement of policy.

Sec. 7102. Purpose.

Subpart 1—Formula Grants to Local Educational Agencies

Sec. 7111. Purpose.

Sec. 7112. Grants to local educational agencies and tribes.

Sec. 7113. Amount of grants.

Sec. 7114. Applications.

Sec. 7115. Authorized services and activities.

Sec. 7116. Integration of services authorized.

Sec. 7117. Student eligibility forms.

Sec. 7118. Payments.

Sec. 7119. State educational agency review.

Subpart 2—Special Programs and Projects To Improve Educational Opportunities for Indian Children and Youth

Sec. 7121. Improvement of educational opportunities for Indian children and youth.

Sec. 7122. Professional development for teachers and education professionals.

Subpart 3—National Activities

Sec. 7131. National research activities.

Sec. 7132. Improvement of academic success for students through Native American language.

Sec. 7133. Improving State and tribal educational agency collaboration.

Subpart 4—Federal Administration

Sec. 7141. National Advisory Council on Indian Education.

Sec. 7142. Peer review.

Sec. 7143. Preference for Indian applicants.

Sec. 7144. Minimum grant criteria.

Subpart 5—Definitions

Sec. 7151. Definitions.

Part B—Native Hawaiian Education; Alaska Native Education

Subpart 1—Native Hawaiian Education

Sec. 7201. Short title.

Sec. 7202. Findings.

Sec. 7203. Purposes.

Sec. 7204. Native Hawaiian Education Council.

Sec. 7205. Program authorized.

Sec. 7206. Administrative provisions.

Sec. 7207. Definitions.

Subpart 2—Alaska Native Education

Sec. 7301. Short title.

Sec. 7302. Findings.

Sec. 7303. Purposes.

Sec. 7304. Program authorized.

Sec. 7305. Administrative provisions.

Sec. 7306. Definitions.

TITLE VIII—IMPACT AID

Sec. 8001. Purpose.

Sec. 8002. Payments relating to Federal acquisition of real property.

Sec. 8003. Payments for eligible federally connected children.

Sec. 8004. Policies and procedures relating to children residing on Indian lands.

Sec. 8005. Application for payments under sections 8002 and 8003.

Sec. 8007. Construction.

Sec. 8008. Facilities.

Sec. 8009. State consideration of payments in providing State aid.

Sec. 8010. Federal administration.

Sec. 8011. Administrative hearings and judicial review.

Sec. 8012. Forgiveness of overpayments.

Sec. 8013. Definitions.

TITLE IX—GENERAL PROVISIONS

Part A—Definitions

Sec. 9101. Definitions.

Sec. 9102. Applicability of title.

Sec. 9103. Applicability to Bureau of Indian Affairs operated schools.

Part B—Flexibility in the use of Administrative and Other Funds

Sec. 9201. Consolidation of State administrative funds for elementary and secondary education programs.

Sec. 9202. Single local educational agency States.

Sec. 9203. Consolidation of funds for local administration.

Sec. 9204. Consolidated set-aside for Department of the Interior funds.

Part C—Coordination of Programs; Consolidated State and Local Plans and Applications

Sec. 9301. Purposes.

Sec. 9302. Optional consolidated State plans or applications.

Sec. 9303. Consolidated reporting.

Sec. 9304. General applicability of State educational agency assurances.

Sec. 9305. Consolidated local plans or applications.

Sec. 9306. Other general assurances.

Part D—Waivers

Sec. 9401. Waivers of statutory and regulatory requirements.

Part E—Uniform Provisions

Subpart 1—Private Schools

Sec. 9501. Participation by private school children and teachers.

Sec. 9502. Standards for by-pass.

Sec. 9503. Complaint process for participation of private school children.

Sec. 9504. By-pass determination process.

Sec. 9505. Prohibition against funds for religious worship or instruction.

Sec. 9506. Private, religious, and home schools.

Subpart 2—Other Provisions

Sec. 9521. Maintenance of effort.

Sec. 9522. Prohibition regarding State aid.

Sec. 9523. Privacy of assessment results.

Sec. 9524. School prayer.

Sec. 9525. Equal access to public school facilities.

Sec. 9526. General prohibitions.

Sec. 9527. Prohibitions on Federal Government and use of Federal funds.

Sec. 9528. Armed Forces recruiter access to students and student recruiting information.

Sec. 9529. Prohibition on federally sponsored testing.

Sec. 9530. Limitations on national testing or certification for teachers.

Sec. 9531. Prohibition on nationwide database.

Sec. 9532. Unsafe school choice option.

Sec. 9533. Prohibition on discrimination.

Sec. 9534. Civil rights.

Sec. 9535. Rulemaking.

Sec. 9536. Severability.

Sec. 9537. Geographic diversity.

Subpart 3—Teacher Liability Protection

Sec. 9541. Short title.

Sec. 9542. Purpose.

Sec. 9543. Definitions.

Sec. 9544. Applicability.

Sec. 9545. Preemption and election of State nonapplicability.

Sec. 9546. Limitation on liability for teachers.

Sec. 9547. Allocation of responsibility for noneconomic loss.

Sec. 9548. Effective date.

Part F—Evaluations

Sec. 9601. Evaluation authority.

Part G—Miscellaneous Provisions

Subpart 1—Gun Possession

Sec. 9701. Gun-free requirements.

Subpart 2—Environmental Tobacco Smoke

Sec. 9721. Short title.

Sec. 9722. Definitions.

Sec. 9723. Nonsmoking policy for children's services.

Sec. 9724. Preemption.

.

7.

Authorization of appropriations

The Act (20 U.S.C. 6301 et seq.) is amended by inserting after section 2 the following:

3.

Authorization of appropriations

(a)

Local educational agency grants

(1)

In general

There are authorized to be appropriated to carry out part A of title I (except for sections 1116(g), 1125A, 1132, and subpart 4 of part A of such title) such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(2)

School improvement grants, national activities, and evaluation

(A)

In general

There are authorized to be appropriated to carry out section 1116(g) such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(B)

Reservation for national activities

Of the amounts appropriated under subparagraph (A) for a fiscal year, the Secretary shall reserve not more than 2 percent for the national activities described in section 1116(f)(6).

(3)

Education finance incentive grant program

There are authorized to be appropriated to carry out section 1125A such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(4)

Centers of excellence in early childhood

There are authorized to be appropriated to carry out section 1132 such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(b)

Grants for State assessments and the national assessment of educational progress

(1)

National assessment of educational progress

For the purpose of administering the State assessments under the National Assessment of Educational Progress, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(2)

State assessments and related activities

For the purpose of carrying out assessment and related activities under subpart 4 of part A of title I, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(c)

Pathways to college

For the purposes of carrying out part B of title I, Pathways to College, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(d)

Education of migratory children

For the purposes of carrying out part C of title I, Education of Migratory Children, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(e)

Neglected and delinquent

For the purposes of carrying out part D of title I, Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(f)

Continuous improvement and support for teachers and principals

(1)

In general

For the purposes of carrying out subparts 1, 2, 3, and 4 of part A of title II, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(2)

Principal recruitment and training

For the purposes of carrying out subpart 5 of part A of title II, Principal Recruitment and Training, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(g)

Teacher Pathways to the Classroom

For the purposes of carrying out part B of title II, Teacher Pathways to the Classroom, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(h)

Teacher incentive fund

For the purposes of carrying out part C of title II, Teacher Incentive Fund, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(i)

Achievement through Technology and Innovation

For the purposes of carrying out part D of title II, Achievement through Technology and Innovation, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(j)

English Learners and Immigrant Students

For the purposes of carrying out title III, Language and Academic Content Instruction for English Learners and Immigrant Students, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(k)

Improving Literacy and Student Achievement

(1)

Improving literacy

For the purposes of carrying out subpart 1 of part A of title IV, Improving Literacy Instruction, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(2)

Effective school library programs

For the purposes of carrying out subpart 2 of part A of title IV, Improving Literacy and College and Career Readiness Through Effective School Library Programs, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(l)

Improving Science, Technology, Engineering, and Mathematics Instruction and Student Achievement

For the purposes of carrying out part B of title IV, Improving Science, Technology, Engineering, and Mathematics Instruction and Student Achievement, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(m)

Increasing Access to a Well-Rounded Education and Financial Literacy

For the purposes of carrying out part C of title IV, Increasing Access to a Well-Rounded Education and Financial Literacy, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(n)

Successful, Safe, and Healthy Students

For the purposes of carrying out part D of title IV, Successful, Safe, and Healthy Students, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(o)

21st Century Community Learning Centers

For the purposes of carrying out part F of title IV, 21st Century Community Learning Centers, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(p)

Promise Neighborhoods

For the purposes of carrying out part G of title IV, Promise Neighborhoods, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(q)

Parent and Family Information and Resource Centers

For the purposes of carrying out part H of title IV, Parent and Family Information and Resource Centers, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(r)

Ready-to-Learn

For the purposes of carrying out part I of title IV, Ready-to-Learn, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(s)

Programs of national significance

For the purposes of carrying out part I of title IV, Programs of National Significance, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(t)

Race to the Top

For the purposes of carrying out part A of title V, Race to the Top, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(u)

Investing in Innovation

For the purposes of carrying out part B of title V, Investing in Innovation, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(v)

Magnet Schools Assistance

For the purposes of carrying out part C of title V, Magnet Schools Assistance, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(w)

Public charter schools

For the purposes of carrying out part D of title V, Public Charter Schools, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(x)

Voluntary public school choice

For the purposes of carrying out part E of title V, Voluntary Public School Choice, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(y)

Rural education achievement program

For the purposes of carrying out part B of title VI, Rural Education Achievement Program, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(z)

Indian, native hawaiian, and Alaska native education

(1)

Indian education and Native Hawaiian education

For the purposes of carrying out part A and subpart 1 of part B of title VII, Indian Education and Native Hawaiian Education, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(2)

Alaska Native education

There are authorized to be appropriated to carry out subpart 2 of part B of title VII, Alaska Native Education, such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years.

(aa)

Impact aid

For the purposes of carrying out title VIII, Impact Aid, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years, in accordance with the following:

(1)

Payments for Federal acquisition of real property

For the purpose of making payments under section 8002, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(2)

Basic payments; payments for heavily impacted local educational agencies

For the purpose of making payments under section 8003(b), there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(3)

Payments for children with disabilities

For the purpose of making payments under section 8003(d), there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(4)

Construction

For the purpose of carrying out section 8007, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

(5)

Facilities maintenance

For the purpose of carrying out section 8008, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years.

.

I

College and career readiness for all students

1001.

Purpose

Section 1001 (20 U.S.C. 6301) is amended to read as follows:

1001.

Purpose

The purpose of this title is to ensure every child has a fair, equal, and significant opportunity to obtain a high-quality education and graduate from high school ready for college, career, and citizenship. This purpose can be accomplished by—

(1)

setting high expectations for children to develop deep content knowledge and the ability to use knowledge to think critically, solve problems, communicate effectively, and collaborate with others, in order to graduate, from high school, college and career ready;

(2)

supporting high-quality teaching to continuously improve instruction and encourage new models of teaching and learning;

(3)

focusing on increasing student achievement and closing achievement gaps;

(4)

providing additional resources and supports to meet the needs of disadvantaged students, including children from low-income families and those attending high-poverty schools, English learners, migratory children, children with disabilities, Indian children, and neglected or delinquent children;

(5)

providing young children with greater access to high-quality early learning experiences to ensure they enter school ready to learn;

(6)

removing barriers to, and encouraging State and local innovation and leadership in, education based on the evaluation of success and continuous improvement;

(7)

removing barriers and promoting integration across all levels of education, and across Federal education programs;

(8)

streamlining Federal requirements to reduce burdens on States, local educational agencies, schools, and educators; and

(9)

strengthening parental engagement and coordination of student, family, and community supports to promote student success.

.

1002.

State reservations

Title I (20 U.S.C. 6301 et seq.) is amended—

(1)

by striking sections 1002 and 1003;

(2)

by redesignating section 1004 as section 1002; and

(3)

in section 1002 (as redesignated by paragraph (2))—

(A)

in the section heading, by inserting and State accountability and support before the period at the end;

(B)

by redesignating paragraphs (1) and (2) of subsection (a) as subparagraphs (A) and (B), respectively, and by aligning the margins of such subparagraphs with the margins of subparagraph (A) of section 1111(a)(1);

(C)

by redesignating subsection (b) as paragraph (2) of subsection (a), and by aligning the margins of such paragraph with the margins of paragraph (1) of section 1111(a);

(D)

by striking In general.—Except as provided in subsection (b) and inserting the following:

State administration.—

(1)

In general

Except as provided in paragraph (2)

;

(E)

in subsection (a)(2), as redesignated by subparagraph (C), by striking subsection (a)(1) and inserting paragraph (1)(A); and

(F)

by adding at the end the following:

(b)

Accountability and support

(1)

In general

Each State may reserve not more than 6 percent of the amount the State receives under subpart 2 of part A to carry out paragraph (2) and to carry out the State and local educational agency responsibilities under section 1116, which may include carrying out a statewide system of technical assistance and support for local educational agencies and identifying and disseminating evidence-based practices.

(2)

Uses

Of the amount reserved under paragraph (1) for any fiscal year, the State educational agency—

(A)

shall use not less than 90 percent of that amount by allocating such sums directly to local educational agencies for activities required under section 1116; or

(B)

may, with the approval of the local educational agency, directly provide for such activities or arrange for their provision through other entities such as educational service agencies and external providers with expertise in using strategies based on scientifically valid research to improve teaching, learning, and schools.

(3)

Priority

The State educational agency, in allocating funds to local educational agencies under this subsection, shall give priority to local educational agencies that—

(A)

serve the lowest-performing schools, including schools identified as focus schools and priority schools under subsections (c) and (d) of section 1116;

(B)

demonstrate the greatest need for such funds; and

(C)

demonstrate the strongest commitment to use the funds to enable the lowest-achieving schools to improve student achievement and outcomes through the use of evidence-based practices that are consistent with the evidence standards described in section 5203(e).

(4)

Unused funds

If, after consultation with local educational agencies, the State educational agency determines the amount of funds reserved to carry out this subsection is greater than the amount needed to provide the assistance described in this subsection, the State educational agency shall allocate the excess amount to local educational agencies in accordance with—

(A)

the relative allocations the State educational agency made to those agencies for that fiscal year under subpart 2 of part A; or

(B)

section 1126(c).

(5)

Special rule

Notwithstanding any other provision of this subsection, the amount of funds reserved by the State educational agency under this subsection in any fiscal year shall not decrease the amount of funds each local educational agency receives under subpart 2 of part A below the amount received by such local educational agency under such subpart for the preceding fiscal year.

(6)

Reporting

Each State educational agency shall make publicly available a list of those schools that have received funds or services pursuant to this subsection and the percentage of students from each such school from families with incomes below the poverty line.

.

A

Improving the academic achievement of the disadvantaged

1111.

State and local requirements

Section 1111 (20 U.S.C. 6301) is amended to read as follows:

1111.

State and local requirements

(a)

Academic standards, academic assessments, and accountability requirements

(1)

Requirements for college and career ready State standards

In order to receive a grant under this part, each State shall demonstrate the State meets the following requirements:

(A)

College and career ready aligned standards for reading or language arts and mathematics

(i)

In general

The State shall—

(I)

not later than December 31, 2014, adopt college and career ready academic content standards in reading or language arts and mathematics that meet the requirements of clauses (ii) and (iii); and

(II)

not later than the beginning of the 2015–2016 school year, adopt college and career ready student academic achievement standards in reading or language arts and mathematics that meet the requirements of clauses (ii) and (iv).

(ii)

Alignment of college and career ready standards

Each State plan shall demonstrate the State has adopted college and career ready academic content standards and college and career ready student academic achievement standards aligned with—

(I)

credit-bearing academic coursework, without the need for remediation, at public institutions of higher education in the State; and

(II)

relevant State career and technical education standards and the State performance measures identified in the State plan under section 113(b) of the Carl D. Perkins Career and Technical Education Act of 2006; and

(III)
(aa)

appropriate career skills; or

(bb)

standards that are State-developed and voluntarily adopted by a significant number of States.

(iii)

Requirements for academic content standards

College and career ready academic content standards shall—

(I)

be used by the State, and by local educational agencies, public elementary schools, and public secondary schools in the State, to carry out the requirements of this part;

(II)

be the same standards that the State applies to all public elementary and secondary schools and students in the State;

(III)

include the same knowledge, skills, and levels of achievement expected of all elementary and secondary school students in the State; and

(IV)

be evidence-based and include rigorous content and skills, such as critical thinking, problem solving, and communication skills.

(iv)

Requirements for student academic achievement standards

College and career ready student academic achievement standards for a subject shall—

(I)

be aligned with the State's academic content standards described in clause (iii); and

(II)

establish the level of performance expected for each grade level that demonstrates the student has mastered the material in the State academic content standards for that grade.

(B)

Science standards

A State—

(i)

shall demonstrate that the State has adopted, by not later than December 31, 2014, statewide academic content standards and student academic achievement standards in science that are aligned with the knowledge and skills needed to be college and career ready, as described in subparagraph (A)(ii); and

(ii)

may choose to use such standards as part of the State’s accountability system under paragraph (3), if such standards meet the requirements of clauses (ii) through (iv) of subparagraph (A).

(C)

Standards for other subjects

If a State adopts high-quality academic content standards and student academic achievement standards in subjects other than reading or language arts, mathematics, and science, such State may choose to use such standards as part of the State's accountability system, consistent with section 1116.

(D)

Alternate academic achievement standards for students with the most significant cognitive disabilities

(i)

In general

The State may, through a documented and validated standards-setting process, adopt alternate academic achievement standards in any subject included in the State's accountability system under paragraph (3) for students with the most significant cognitive disabilities, if—

(I)

the determination about whether the achievement of an individual student should be measured against such standards is made separately for each student in each subject being assessed;

(II)

all students who use such alternate academic achievement standards in a subject are assessed using the alternate assessments for such subject described in paragraph (2)(E); and

(III)

such alternate academic achievement standards—

(aa)

are aligned with the State college and career ready academic content standards;

(bb)

provide access to the general curriculum and the student academic achievement standards; and

(cc)

reflect professional judgment as to the highest possible standards achievable by such student.

(ii)

Prohibition on any other alternate or modified standards

A State shall not develop, or implement for use, under this part any alternate or modified academic achievement standards for students who are children with disabilities that are not alternate academic achievement standards that meet the requirements of clause (i).

(E)

English language proficiency standards

A State shall, not later than December 31, 2015, adopt high-quality English language proficiency standards that—

(i)

are aligned with the State’s academic content standards in reading or language arts under subparagraph (A) so that achieving English language proficiency, as measured by the State's English language proficiency standards, indicates a sufficient knowledge of English to allow the State to validly and reliably measure the student’s achievement on the State’s reading or language arts student academic achievement standards with no interventions designed to support English learners specifically;

(ii)

ensure proficiency in English for each of the domains of speaking, listening, reading, and writing;

(iii)

identify not less than 4 levels of English proficiency;

(iv)

address the different proficiency levels of English learners and set high expectations regarding academic achievement and linguistic proficiency for English learners at all levels of proficiency;

(v)

are updated, not later than 1 year after the State adopts any new academic content standards in reading or language arts under this paragraph, in order to align the English language proficiency standards with the new content standards; and

(vi)

support teachers as teachers enhance instruction to support English learners.

(F)

Early learning guidelines and early grade standards

A State that uses funds provided under this part to support early childhood education shall provide an assurance that, not later than December 31, 2015, the State will establish, or certify the existence of, early learning guidelines and early grade standards in accordance with the following:

(i)

Early learning guidelines

In consultation with the State Advisory Council on Early Childhood Education and Care, the lead agency designated under section 658D of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and the State educational agency, the State shall complete a review, and revise or create, as necessary, the State’s early learning guidelines for young children in order to promote developmentally appropriate, high-quality programs. Such guidelines shall—

(I)

address each of the age groups of infants, toddlers, and preschool-aged children;

(II)

be developed, as appropriate, in all domains of child development and learning (including language, literacy, mathematics, creative arts, science, social studies, social and emotional development, approaches to learning, and physical and health development) for each age group;

(III)

reflect research and evidence-based developmental and learning expectations, including the foundation for and progression in how children develop and learn the requisite skills and content from one stage into the next, including what young children should know and be able to do;

(IV)

address the cultural and linguistic diversity and the diverse abilities of young children, including infants, toddlers, and preschoolers with disabilities;

(V)

inform teaching practices, improve professional development, and support high-quality services in early childhood education programs;

(VI)

be made publicly available, including through electronic means; and

(VII)

for pre-school age children, appropriately assist in the transition of such children to kindergarten.

(ii)

Early grade standards

In consultation with the State Advisory Council on Early Childhood Education and Care, the lead agency designated under section 658D of the Child Care and Development Block Grant of 1990 (42 U.S.C. 9858 et seq.), and the State educational agency, the State shall establish or review and revise, as needed, standards for kindergarten through grade 3 aligned with the college and career ready academic content and student academic achievement standards described in subsection (a)(1)(A) to ensure that such standards—

(I)

are developed in all domains of child development and learning (including cognitive, language, literacy, mathematics, creative arts, science, social studies, social and emotional development, physical development and health, and approaches to learning);

(II)

reflect research and evidence-based development and learning expectations for each level and address cultural, linguistic, and ability-level diversity; and

(III)

across grade levels, reflect progression in how children develop and learn the requisite skills and content from earlier grades forward, including preschool.

(G)

Existing standards

Nothing in this part shall prohibit a State from revising, consistent with this section, any standard adopted under this part before, on, or after the date of enactment of the Strengthening America's Schools Act of 2013.

(H)

Construction

Nothing in this section shall be construed to authorize the Secretary or other officer or employee of the Federal Government to mandate, direct, or control a State’s college and career ready academic content or student academic achievement standards under subsection (a).

(2)

Academic assessments

(A)

State assessments

The State shall, beginning not later than the beginning of the 2015–2016 school year, adopt and implement statewide assessments that—

(i)

include statewide assessments in reading or language arts, and mathematics, annually for grades 3 through 8 and not less frequently than once during grades 10 through 12, that—

(I)

are aligned with the State’s academic content standards in such subjects under paragraph (1)(A);

(II)

are administered to all public elementary and secondary school students in the State;

(III)

measure the individual academic achievement of a student;

(IV)

assess the student's academic achievement based on the State's student academic achievement standards in the subject in order to measure—

(aa)

whether the student is performing at the student's grade level; and

(bb)

the specific grade level at which the student is performing in the subject;

(V)

measure individual student academic growth, including a measurement of the number of years of academic growth each student attains each year; and

(VI)

may, at the State's choosing—

(aa)

be administered through a single summative assessment each year; or

(bb)

be administered through multiple statewide assessments during the course of the year if the State can demonstrate to the Secretary’s satisfaction the results of these multiple assessments, taken in their totality, provide a summative score that provides valid and reliable information on individual student academic growth, as described in subclause (V);

(ii)

include statewide assessments in science, not less than once during each of the grade spans of grades 3 through 5, 6 through 9, and 10 through 12, that—

(I)

assess the student's academic achievement based on the State's student academic achievement standards in science in order to measure—

(aa)

whether the student is performing at the student's grade level; and

(bb)

the specific grade level at which the student is performing in the subject;

(II)

measure individual student academic growth, including a measurement of the number of years of academic growth each student attains each year; and

(iii)

include the English language proficiency assessments and any alternate assessments described in subparagraphs (D) and (E), respectively; and

(iv)

at the discretion of the State, measure the proficiency of students in the other academic subjects for which the State has adopted academic content standards and student academic achievement standards under paragraph (1)(C).

(B)

Requirements for assessments

The assessments administered under this paragraph shall—

(i)

be the same academic assessments used to measure the achievement of all students, although the individual assessment items administered to a student in order to determine the specific grade level at which a student is performing may vary;

(ii)

be used only for purposes for which such assessments are valid and reliable, and be consistent with relevant, nationally recognized professional and technical standards;

(iii)

be used only if the State educational agency provides to the Secretary evidence that the assessments used are of adequate technical quality for each purpose required under this Act and are consistent with the requirements of this section, which evidence the Secretary may make public;

(iv)

involve multiple up-to-date measures of student academic achievement, including measures that—

(I)

assess the full range of academic content and student academic achievement standards under section 1111(a)(1) that students are expected to master;

(II)

measure students’ mastery of content knowledge and their ability to use knowledge to think critically and solve problems, and to communicate effectively; and

(III)

may be partially delivered in the form of portfolios, projects, or extended performance tasks;

(v)

provide for—

(I)

the participation in such assessments of all students;

(II)

the inclusion of English learners, who shall be assessed in a valid and reliable manner and provided reasonable accommodations on assessments administered to such students under this paragraph, including, to the extent practicable, assessments in the language and form most likely to yield accurate data on what such students know and can do in academic content areas, until such students have achieved English language proficiency as determined under subparagraph (D), except that the State may exempt any English learner at the lowest levels of English language proficiency from the reading or language arts assessment for not more than 2 years following the date of the student being identified as an English learner;

(vi)

shall—

(I)

incorporate the principles of universal design, as defined in section 3(a) of the Assistive Technology Act of 1998 (29 U.S.C. 3002(a)), to allow for the greatest possible access for all students;

(II)

provide for the reasonable adaptations for children with disabilities necessary to measure the academic achievement of such children in a subject, relative to the State academic content standards and State student academic achievement standards under paragraph (1) for such subject;

(III)

provide for the valid and reliable accommodations for children with disabilities necessary to measure the academic achievement of such children in a subject, relative to the State academic content standards and State student academic achievement standards under paragraph (1) for such subject; and

(IV)

assess children with disabilities using the same, unmodified academic content standards used to measure children without disabilities in the same grade level, except in the case of alternate assessments administered in accordance with subparagraph (E);

(vii)

notwithstanding clause (v)(II), include the academic assessment (using tests written in English) of reading or language arts of any student who has attended school in the United States (not including Puerto Rico) for 3 or more consecutive school years, except that, if the local educational agency determines, on a case-by-case individual basis, that academic assessments in another language or form would likely yield more accurate and reliable information on what such student knows and can do, the local educational agency may make a determination to assess such student in the appropriate language other than English for a period that does not exceed 2 additional consecutive years, if 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 English) of reading or language arts;

(viii)

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 year, except the performance of students who have attended more than 1 school in the local educational agency in any academic year shall be used only in determining the progress of the local educational agency;

(ix)

produce individual student interpretive, descriptive, and diagnostic reports that—

(I)

allow parents, teachers, and principals to understand and address the specific academic needs of students and include information regarding achievement on the academic assessments aligned with State academic achievement standards; and

(II)

are provided to parents, teachers, and principals as soon as is practicably possible after the assessment is given, in an understandable and uniform format, and to the extent practicable, in a language that parents can understand;

(x)

enable results to be disaggregated within the State, local educational agency, and school by gender, each major racial and ethnic group, English proficiency status, migrant status, status as a student with a disability, and economically disadvantaged status, except that disaggregation shall not be required for any subgroup that would include 15 or less students, so as to not reveal personally identifiable information about an individual student;

(xi)

be consistent with widely accepted professional testing standards and objectively measure academic achievement, knowledge, and skills;

(xii)

enable itemized score analyses to be produced and reported, consistent with clause (ii), to local educational agencies and schools, so that parents, teachers, principals, and administrators can interpret and address the specific academic needs of students as indicated by the students' achievement on assessment items;

(xiii)

produce student achievement and other student data that can be used to inform determinations of individual principal and teacher effectiveness for purposes of evaluation and for determining the needs of principals and teachers for professional development and support;

(xiv)

be administered to not less than 95 percent of all students, and not less than 95 percent of each subgroup of students described in clause (x), who are enrolled in the school; and

(xv)

in the case of digital assessments or any digital assessment content that is adopted, procured, purchased, or developed for the assessments, incorporate the principles of universal design, as defined in section 3(a) of the Assistive Technology Act of 1998 (29 U.S.C. 3002(a)) and be interoperable and accessible for all students, including students who are children with disabilities.

(C)

Languages of assessments

The State shall identify the languages other than English that are present in the participating student population in the State and indicate, in the State's plan under subsection (b), the languages for which yearly student academic assessments included in the State's accountability system under paragraph (3) are not available and are needed. The State shall make every effort to develop assessments in such languages and may request assistance from the Secretary if linguistically accessible academic assessments are needed. Upon request, the Secretary shall assist with the identification of appropriate academic assessments in such languages, but shall not mandate a specific academic assessment or mode of instruction.

(D)

Assessments of English language proficiency

(i)

In general

Each State plan shall demonstrate that local educational agencies in the State will, not later than the beginning of the 2015–2016 school year, provide for the annual assessment of English language proficiency of all English learners in the schools served by the State educational agency.

(ii)

Requirements

The English language proficiency assessment described in clause (i) shall—

(I)

be aligned with the State’s English language proficiency standards under paragraph (1)(E);

(II)

be designed to measure, in a valid and reliable manner, student progress toward, and attainment of, English language proficiency;

(III)

reflect the academic language that is required for success on the State’s academic assessments, consistent with paragraph (1)(E)(iv); and

(IV)

measure each student's progress in achieving the levels of English proficiency established under the State English language proficiency standards, as described in paragraph (1)(D)(iii).

(E)

Alternate assessments for students with the most significant cognitive disabilities

A State may provide alternate assessments that are aligned with alternate academic achievement standards described in paragraph (1)(D) for students with the most significant cognitive disabilities, if the State—

(i)

ensures that for each subject, the total number of students in each grade level assessed in such subject using the alternate assessments does not exceed 1 percent of the total number of all students in such grade level in the State who are assessed in such subject;

(ii)

establishes and monitors implementation of clear and appropriate guidelines for individualized education program teams (as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act) to apply in determining, on a subject-by-subject basis, when a child’s significant cognitive disability justifies assessment based on alternate academic achievement standards;

(iii)

ensures that parents of the students whom the State plans to assess using alternate assessments are involved in the decision that their child’s academic achievement will be measured against alternate academic achievement standards, consistent with section 614(d)(1)(A)(i)(VI)(bb) of the Individuals with Disabilities Education Act, and are informed whether participation in such assessment may preclude the student from completing the requirements for a regular secondary school diploma, as determined by the State;

(iv)

provides evidence that students with the most significant cognitive disabilities are, to the maximum extent practicable, included in the general curriculum and in assessments aligned with such curriculum, as described in section 601(c)(5)(A) of the Individuals with Disabilities Education Act;

(v)

certifies, consistent with section 612(a)(16)(A) of the Individuals with Disabilities Education Act, the State’s regular academic assessments described in subparagraphs (A), (C), and (D) are universally designed to be accessible to students, including students with sensory, physical, and intellectual disabilities, through the provision of reasonable adaptations and valid and reliable accommodations that produce valid results;

(vi)

develops, disseminates information about, makes available, and promotes the use of reasonable adaptations and valid and reliable accommodations to increase the number of students with the most significant cognitive disabilities participating in grade-level academic instruction and assessments aligned with grade-level academic standards, and promotes the use of appropriate accommodations to increase the number of students with the most significant cognitive disabilities who are tested against grade-level academic achievement standards;

(vii)

takes steps to ensure regular and special education teachers and other appropriate staff know how to administer assessments, including how to make appropriate use of reasonable adaptations and valid and reliable accommodations for such assessments, for students with the most significant cognitive disabilities; and

(viii)

requires separate determinations about whether a student should be assessed using an alternate assessment for each subject assessed.

(F)

Computer adaptive assessment

A State may develop and administer computer adaptive assessments as the assessments required under subparagraph (A). If a State develops and administers a computer adaptive assessment for such purposes, the assessment shall meet the requirements of this paragraph.

(G)

Reducing duplicative assessment

The State shall—

(i)

include, in the State plan under subsection (b), a description of how the State will regularly analyze assessment and accommodations practice and use, and reduce duplicative assessment where appropriate; and

(ii)

ensure that the local educational agencies report, as required in subsection (d), regarding the assessments required by Federal, State, and local laws, regulations, or policies.

(3)

State-designed accountability systems

(A)

Accountability system

Each State shall, not later than the beginning of the 2014–2015 school year, demonstrate the State educational agency has developed and is implementing a single, statewide accountability system that—

(i)

annually measures and reports on the achievement and academic growth of students in all public elementary schools and secondary schools and local educational agencies in the State, in accordance with subparagraph (B);

(ii)

differentiates all local educational agencies and all schools in the State according to academic achievement and student academic growth, English language proficiency and growth for English learners, and, for high schools, graduation rates, for all students and for each subgroup described in paragraph (2)(B)(x);

(iii)

expects the continuous improvement of all public schools in the State in the academic achievement and academic growth of all students, including the subgroups of students described in subparagraph (D), and establishes ambitious and achievable annual performance targets in accordance with subparagraph (C);

(iv)

annually identifies schools that need supports and interventions to prepare college and career ready students;

(v)

provides for the improvement, through supports and interventions that address student needs, of all local educational agencies with schools not identified under section 1116(d) that are not meeting performance targets for subgroups described in subparagraph (D);

(vi)

develops the capacity of local educational agencies and schools to effectively educate their students and continuously improve;

(vii)

recognizes, and encourages other local educational agencies to replicate, the practices of local educational agencies and schools that are successful in effecting significant student achievement or student academic growth; and

(viii)

meets the requirements of section 1116.

(B)

Measurement of achievement and academic growth

(i)

In general

The State accountability system shall measure student achievement and academic growth toward the college and career ready academic content and student academic achievement standards under paragraph (1) by annually measuring and reporting on, in the aggregate and for each subgroup described in subparagraph (D)—

(I)

the number and percentage of students who are in each category described in clause (ii), for each grade and subject covered by an academic assessment included in the accountability system, based on the State academic assessments for the subject; and

(II)

for each such category of students—

(aa)

the number and percentage of students for each grade and subject who are meeting or exceeding the State student academic achievement standards or are achieving sufficient academic growth, as described in clause (iii); and

(bb)

the number and percentage of students for each grade and subject who have not achieved sufficient academic growth, as described in such clause.

(ii)

Categories of students

The State educational agency shall establish not less than 3 categories of students, which shall include the following:

(I)

A category consisting of students who are meeting or exceeding the State student academic achievement standards under paragraph (1) in a subject for the students' grade level, as determined based on the State academic assessments under paragraph (2).

(II)

A category consisting of students whose proficiency in a subject is below grade level and who are achieving sufficient academic growth, as described in clause (iii).

(III)

A category of students whose proficiency in a subject is below grade level and who are not achieving sufficient academic growth, as described in clause (iii).

(iii)

Sufficient academic growth

For purposes of this section, sufficient academic growth for a student means—

(I)

a rate of academic growth, based on a comparison of the student’s performance on the most recent State academic assessment with the preceding State academic assessment or combination of preceding State academic assessments, is such that the student will be performing at or above grade level within 3 years;

(II)

a rate of academic growth, based on a comparison of the student’s performance on the most recent State academic assessment with the preceding State academic assessment or combination of preceding State academic assessments, is such that the student will be performing at or above grade level by the end of the grade span of which, for purposes of this section, shall be the grade spans of grades 3 through 5, 6 through 8, and 9 through 12; or

(III)

another aggressive academic growth model approved by the Secretary that supports the State educational agency performance targets under subparagraph (C).

(C)

Performance targets

(i)

In general

Each State shall establish, after requesting and receiving input from the local educational agencies of the State, ambitious and achievable annual performance targets for the State, for local educational agencies in the State, and for public elementary schools and secondary schools, for each subject and grade level assessed under paragraph (2), that—

(I)

are adopted from the waiver agreement entered into with the Secretary through the authority under section 9401 before the date of enactment of the Strengthening America's Schools Act of 2013;

(II)

subject to approval by the Secretary—

(aa)

sets a goal for every public school to meet the achievement level of the highest-performing 10 percent of schools in the State as of the date of the application submission, based on the percentage of students meeting or exceeding the State academic content and student academic achievement standards;

(bb)

requires annual progress toward that goal for all students, including all subgroups of students consistent with section 1111(a)(3)(D), within a specified reasonable time period; and

(cc)

ensures accelerated progress for the subgroups of students that start with the lowest levels of student achievement; or

(III)

are equally ambitious to the performance targets described in subclauses (I) and (II) and are approved by the Secretary.

(ii)

Performance areas

The performance targets required under this subparagraph shall include targets for—

(I)

student proficiency, as described in subparagraph (B)(ii)(I);

(II)

student academic growth, as determined in accordance with subparagraph (B);

(III)

English language proficiency for English learners, as measured by the number of students who are on track to achieving English proficiency, as described in paragraph (1)(D) (i), by not later than 5 years after being identified as English learners; and

(IV)

for high schools, high school graduation rates.

(iii)

Baselines

Each State shall use student performance on the State's academic assessments used for purposes of receiving funds under this subpart and subpart 2 for the 2014–2015 school year as the baseline for the performance targets, subject to paragraph (5)(B)(iv) and subsection (b)(3)(C).

(iv)

Additional measures and performance targets

A State may develop other measures and performance targets to provide school personnel, parents, and community members with information about the effectiveness of schools in closing performance gaps among subgroups and bringing all students to proficiency, except that any such measure shall not classify individuals who have not attained a high school diploma but have earned a recognized equivalent of such diploma as graduating from high school.

(D)

Subgroups of students

The subgroups described in this subparagraph shall be obtained by disaggregating students enrolled in a school by each major racial and ethnic group, English proficiency status, status as a child with a disability, and economically disadvantaged status, except that a school shall not be required to disaggregate for any subgroup that includes 15 or less students if such disaggregation would result in the disclosure of personally identifiable information.

(E)

Subjects covered

The State shall include in the accountability system the subjects of reading or language arts and mathematics, and may include science and any other subject that the State chooses through its State plan, if the State has adopted academic content standards and student academic achievement standards under paragraph (1)(C) and assessments under paragraph (2)(B) for the subject.

(F)

Accountability for charter schools

The accountability provisions under this Act shall be overseen for public charter schools in accordance with State charter school law.

(G)

Students with the most significant cognitive disabilities

In determining the percentage of students who are meeting or exceeding the State student academic achievement standards or are achieving sufficient academic growth as described in subparagraph (B)(iii), for a subject for any purpose under this section or section 1116 or 1131, a State educational agency may include, for all schools in the State, the performance of the State's students with the most significant cognitive disabilities on alternate assessments as described in paragraph (2)(E) in the subjects included in the State’s accountability system, consistent with the 1 percent limitation of subsection (a)(2)(E)(i).

(4)

Voluntary partnerships

A State may enter into a voluntary partnership with another State to develop and implement the academic assessments, academic content standards, and student academic achievement standards required under this section.

(5)

Transition provisions

(A)

In general

The Secretary shall take such steps as are necessary to provide for the orderly transition between the accountability systems required under subsection (b)(2), as such section was in effect on the day before the date of enactment of the Strengthening America's Schools Act of 2013, and the new accountability systems required under this subsection, including the transition steps described in subparagraph (B).

(B)

Transition steps

To enable the successful transition to the provisions of this part, as amended by the Strengthening America's Schools Act of 2013, each State educational agency receiving funds under this part shall—

(i)

beginning upon the date of enactment of the Strengthening America's Schools Act of 2013

(I)

administer assessments, as required under paragraph (2), as amended by such Act, that measure and assess the college and career ready academic content standards and student academic achievement standards described in paragraph (1), as amended by such Act; and

(II)

with respect to any reporting provision under this part that requires the disaggregation of students, carry out such requirement unless the number of students in such subgroup is less than 15;

(ii)

during the transition period, continue all interventions, services, and activities required under section 1116(b), as in effect on the day before the date of enactment of such Act, for schools identified for corrective action under such section 1116(b)(7);

(iii)

after 2 years of using the assessments described in clause (i)(I), establish a new baseline, as described in paragraph (3)(C), using the new assessment data; and

(iv)

implement sections 1111 and 1116, as amended by such Act, except that the State shall not be required to identify proficiency gaps, focus schools, or priority schools under subsection(b), (c), or (d) of section 1116 until 2 full school years after the date of enactment of such Act.

(C)

End of transition

The transition to the requirements of this part, as amended by the Strengthening America's Schools Act of 2013, shall be completed by not later than 2 years after the date of enactment of such Act.

(b)

State plans

(1)

In general

For any State desiring to receive a grant under this part, the State educational agency shall submit to the Secretary a plan, developed by the State educational agency in consultation with local educational agencies, teachers, principals, specialized instructional support personnel, administrators, other staff, representatives of Indian tribes located in the State, and parents, that—

(A)

demonstrates the State's compliance with this section;

(B)

is coordinated with the State plans required by other programs under this Act, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Carl D. Perkins Career and Technical Education Act of 2006, the Head Start Act, the Child Care and Development Block Grant Act of 1990, and the Adult Education and Family Literacy Act, and activities under title IX of the Educational Amendments of 1972;

(C)

provides an assurance the State will continue to administer the academic assessments required under paragraphs (3)(A) and (7) of this subsection, as such paragraphs were in effect on the day before the date of enactment of the Strengthening America's Schools Act of 2013, and to include the results of such assessments in the State's accountability system, until the State has implemented the assessments required under subsection (a)(2);

(D)

provides an assurance the State will participate in the biennial State academic assessments of grade 4 and grade 8 reading and mathematics under the National Assessment of Educational Progress carried out under section 303(b)(2) of the National Assessment of Educational Progress Authorization Act if the Secretary pays the costs of administering such assessments;

(E)

describes the State accountability system under subsection (a)(3) and the State's plan for blue ribbon schools under section 1131 (if the State chooses to carry out such section);

(F)

describes the process the State will utilize to review local educational agency plans submitted pursuant to section 1112, including the parent and family engagement plan described in section 1118 and other provisions related to parent and family engagement;

(G)

describes the support the State will provide to local educational agencies for the education of homeless children and youths, and how the State will comply with the requirements of subtitle B of title VII of the McKinney-Vento Homeless Assistance Act;

(H)

describes how the State educational agency has involved the committee of practitioners established under section 1603(b) in developing the plan and monitoring its implementation;

(I)

describes how the State educational agency will coordinate with the State Advisory Council on Early Childhood Education and Care, as appropriate;

(J)
(i)

if the State funds full-day kindergarten programs but does not provide access to such programs for all children eligible to attend kindergarten in the State, describes how the State plans to increase the number of students in the State who are enrolled in full-day kindergarten and a strategy to implement such a plan; and

(ii)

if the State provides funding for kindergarten programs but does not fund full-day kindergarten programs, describes how the State plans to establish such programs to extend and strengthen the educational continuum for children entering elementary school;

(K)

provides an assurance that the State—

(i)

has established a longitudinal data system that includes all elements described in section 6401(e)(2)(D) of the America COMPETES Act (20 U.S.C. 9871), by the date required under the terms for the allocation received by the State through the State Fiscal Stabilization Fund under section 14001 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5, 123 Stat. 279); or

(ii)

if the State was not subject to any such requirement, that the State will establish such a system by a date approved the Secretary;

(L)

describes how the State and State educational agency will comply with the requirements of section 1501, and the State's plan to ensure such compliance;

(M)

in the case of a State that proposes to use funds under this part to support positive behavioral interventions and supports, describes how the State educational agency will—

(i)

assist local educational agencies in implementing positive behavioral interventions and supports in schools served by the local educational agency throughout the whole school;

(ii)

provide technical assistance and training to local educational agencies to improve and support the development, implementation, and coordination of comprehensive positive behavioral interventions and supports carried out under this Act with activities carried out under the Individuals with Disabilities Education Act;

(iii)

in coordination with local educational agencies and schools, implement positive, preventative approaches to school discipline to promote a positive school climate for all students and reduce recidivism of re-entering youth offenders and disconnected youth; and

(iv)

evaluate the effects of providing positive behavioral interventions and supports for all students, including improvement of the learning environment, academic achievement, disciplinary problems such as incidents of suspensions, expulsions, referrals to law enforcement, and other actions that remove students from instruction, and any other effects the State chooses to evaluate;

(N)

in the case of a State that proposes to use funds under this part to support early intervening services, describes how the State educational agency will—

(i)

assist local educational agencies in implementing early intervening services in schools served by the local educational agency to reduce the need to label children as children with disabilities in order to address the learning and behavioral needs of such children;

(ii)

provide technical assistance and training to local educational agencies to improve coordination of early intervening services provided under this Act with early intervening services carried out under the Individuals with Disabilities Education Act; and

(iii)

evaluate the effects of providing early intervening services;

(O)

describes how the State will assist local educational agencies in identifying gifted and talented students, including high-ability students who have not previously been formally identified for gifted education services, and implement educational approaches at the elementary school and secondary school levels to support the learning needs of gifted and talented students to ensure that such students make appropriate learning gains, such as early entrance to kindergarten, enrichment, acceleration, curriculum compacting, and dual enrollment in secondary school and postsecondary education;

(P)

describes how the State educational agency will—

(i)

reduce suspensions, expulsions, referrals to law enforcement, and other disciplinary actions that remove students from instruction;

(ii)

facilitate, to the extent practicable, the re-entry of juvenile offenders and disconnected youth into their local educational agencies;

(iii)

in coordination with the State department of corrections or similar agency, ensure re-entering juvenile offenders receive referrals to a local educational agency and provide that, for any juvenile who commits an offense subject to school expulsion and is subsequently committed to a detention center, secure facility, or any other residential placement within the juvenile or adult criminal justice system for such offense, the period of expulsion shall run concurrently with the period of commitment to the detention center, secure facility, or other residential placement; and

(iv)

in coordination with local educational agencies and schools, provide annual and public reporting on, in the aggregate, in-school suspensions, out-of-school suspensions, expulsions, referrals to law enforcement, school-based arrests, and disciplinary transfers (including placements in alternative schools) in the State;

(Q)

describe how the State educational agency will plan for pregnant and parenting students to be enrolled, attend, and succeed in school;

(R)

describes how—

(i)

for the first year following the date of enactment of the Strengthening America's Schools Act of 2013, the State educational agency will provide for the equitable distribution of elementary school teachers, and secondary school teachers, within local educational agencies and the State using data on the percentage and distribution of the categories of teachers described in subparagraph (S) as transitional measures of teacher quality;

(ii)

for each school year following the first year after such date of enactment, the State educational agency will provide for the equitable distribution of teachers within local educational agencies and the State so that low-income and minority children are not taught at higher rates than other children by teachers with the lowest ratings in the State professional growth and improvement system; and

(iii)

beginning not later than 1 year after such date of enactment, and for each subsequent year, the State will report to the Secretary the percentage and distribution of teachers in the State, based on the measures used in the State, for each quartile of schools based on school poverty level, for high-minority schools, and for low-minority schools; and

(S)

describes how the State will annually submit to the Secretary, for each quartile of schools in the State based on school poverty level and for high-minority schools and low-minority schools in the State, data regarding the percentage and distribution of the following categories of teachers:

(i)

Teachers who are not classified as highly qualified teachers.

(ii)

Teachers who are new.

(iii)

Teachers who have not completed a teacher preparation program.

(iv)

Teachers who are not teaching in the subject or field for which the teacher is certified or licensed.

(v)

Beginning in any year for which data are available from a professional growth and improvement system, and not later than the 2015–2016 school year, teachers with the highest or lowest ratings in the professional growth and improvement system, as data from such system become available, and in no case later than the 2015–2016 school year.

(2)

Comprehensive plan

A State plan submitted under paragraph (1) may be submitted as part of the comprehensive plan under section 9302.

(3)

Duration of the plan

(A)

In general

Each State plan shall—

(i)

remain in effect for the duration of the State’s participation under this part or 4 years, whichever is shorter; and

(ii)

be periodically reviewed and revised as necessary by the State educational agency to reflect changes in the State's strategies and programs under this part.

(B)

Additional information

(i)

Revised plans

If a State makes significant changes to its plan, such as adopting new State academic content standards, new State student achievement standards, new academic assessments, or improved performance targets under subsection (a), the State shall submit a revised plan to the Secretary.

(ii)

Review of revised plans

The Secretary shall review the information submitted under clause (i) and may, notwithstanding paragraph (4), approve or disapprove changes to the State plan without undertaking the peer-review or hearing process described in such paragraph.

(C)

Renewal

A State educational agency that desires to continue participating in the program under this part shall submit a renewed plan every 4 years with improved performance targets.

(4)

Peer review and secretarial approval

(A)

Secretarial duties

The Secretary shall—

(i)

establish a peer-review process that maximizes collaboration with each State to assist in the review of State plans;

(ii)

appoint expert individuals to the peer-review process who—

(I)

represent a regionally diverse cross-section of States;

(II)

are representative of parents, teachers, State educational agencies, and local educational agencies; and

(III)

are familiar with educational standards, assessments, accountability, the needs of focus and priority schools as described in subsections (c) and (d) of section 1116 and the needs of disadvantaged students, students who are children with disabilities, and other educational needs of students;

(iii)

ensure the peer-review process provides timely feedback from the peer-review panel to the States, and that such feedback shall be made publicly available, including through electronic means;

(iv)

not decline approval of a State plan before—

(I)

offering the State an opportunity to revise the State plan;

(II)

providing technical assistance to the State to meet the requirements of this subsection and subsections (a) and (c); and

(III)

upon the request of a State, providing a hearing;

(v)

have the authority to disapprove a State plan for not meeting the requirements of this part, and may deny approval to a State plan under this subsection that was recommended by the peer-review panel by making available written findings of the cause for such disapproval;

(vi)

approve a State plan not later than 120 days after its submission unless the Secretary determines that the plan does not meet the requirements of this section;

(vii)

if the Secretary determines that the State plan does not meet the requirements of this subsection and subsection (c), immediately notify the State in writing of such determination and the reasons for such determination; and

(viii)

not have the authority to require a State, as a condition of approval of the State plan, to include in, or delete from, such plan 1 or more specific elements of the State's academic content standards or to use specific academic assessment instruments or items.

(B)

State revisions

A State plan shall be revised by the State educational agency if necessary to satisfy the requirements of this section.

(c)

Parent and family engagement

Each State plan shall include a description of how the State will strengthen engagement of the parents and families in education (referred to in this subsection as the parent and family engagement plan) in accordance with the following:

(1)

Statewide parent and family engagement strategy

The parent and family engagement plan shall demonstrate how the State plans to increase and enhance the engagement of parents and family members in education throughout the State, through the implementation and replication of evidence-based or promising practices, in order to—

(A)

increase student academic growth and achievement, and college and career readiness;

(B)

provide parents and family members with the skills and opportunities necessary to become full partners in their child’s education;

(C)

improve child development;

(D)

strengthen relationships and partnerships among school personnel and parents and family members, to support student academic growth and achievement, and college and career readiness;

(E)

improve the ability of local educational agencies and schools to increase the participation of parents and family members in school improvement strategies, create opportunities for co-location and provision of services for parents and family members, and foster conditions for learning; and

(F)

focus the activities described in subparagraphs (A) through (E) in high-need local educational agencies and high-need schools.

(2)

Coordination; collection; dissemination

The parent and family engagement plan shall describe how the State will—

(A)

ensure maximum coordination and minimum duplication of efforts (which may include the designation of a parent and family engagement coordinator) among, at a minimum—

(i)

Federal, State, and local programs;

(ii)

the State Advisory Councils on Early Childhood Education and Care;

(iii)

the parent and family information and resource centers established under part H of title IV; and

(iv)

appropriate non-Federal entities (including community-based and philanthropic organizations and court-appointed special advocates);

(B)

collect and disseminate best practices and research on parent and family engagement strategies to—

(i)

local educational agencies, including high-need local educational agencies, and high-need schools in the State, such as through parent and family engagement academies and other leadership development strategies; and

(ii)

institutions of higher education and other organizations with a demonstrated record of success in increasing the engagement of parents and family members in education; and

(C)

ensure that the process for reviewing local educational agency plans pursuant to section 1112 includes an assessment and response to each local educational agency regarding the extent to which such plans incorporate the best practices identified in subparagraph (B).

(3)

Technical assistance, training, and capacity-building

The State parent and family engagement plan shall describe the evidence-based technical assistance, professional development, or other capacity-building strategies that the State will provide to, at a minimum, high-need local educational agencies and high-need schools, which—

(A)

shall include the provision of technical assistance to local educational agencies that serve schools identified as focus or priority schools under subsection (c) or (d) of section 1116;

(B)

shall include partnering with the appropriate parent and family information and resource centers;

(C)

may include assistance in developing, revising, or implementing the local educational agency plans submitted pursuant to section 1112 as such plans relate to supporting parent and family engagement, in conjunction with paragraph (2)(C);

(D)

may include assistance related to implementing evidence-based parent and family engagement strategies to providers of early care and education; and

(E)

may include assistance related to implementing evidence-based parent and family engagement strategies for English learner families, such as those described in section 3115(c)(5).

(4)

Leveraging resources

Each State plan shall include a description of how the State will leverage resources of employers, business leaders, philanthropic and non-profit organizations, and other community members to increase and strengthen parent and family engagement.

(d)

Annual State report cards

(1)

In general

A State that receives a grant under this part shall prepare and disseminate an annual report card for each public elementary school and secondary school in the State, each local educational agency in the State, and the State as a whole.

(2)

Requirements for all report cards

The State shall ensure the school, local educational agency, and State report cards required under this subsection are—

(A)

uniform across the State;

(B)

concise;

(C)

presented in a format that is easily understandable and, to the extent practicable, provided in a language that parents can understand; and

(D)

accessible to the public, which shall include—

(i)

making the State report card and all local educational agency and school report cards available on a single webpage of the State's website; and

(ii)

providing a copy of a school's report card to the parents of each student enrolled in the school each year.

(3)

Required student information for school report cards

Each school report card required under paragraph (1) shall include the following:

(A)

A clear and concise description of the State’s accountability system under subsection (a)(3), including a description of the criteria by which the State evaluates school performance, and the criteria that the State has established to determine the status of schools.

(B)

Information on each of the following for the school, in the aggregate and disaggregated and cross-tabulated by the subgroups described in subsection (a)(2)(B)(x) (except that such disaggregation or cross-tabulation shall not be required in a case in which the results would reveal personally identifiable information about an individual student):

(i)

Student achievement at each performance level on the State academic assessments that are included in the State's accountability system under subsection (a)(3).

(ii)

The percentage of students who do not take the State academic assessments.

(iii)

The most recent 3-year trend in student achievement in each subject area, and for each grade level, for such assessments.

(iv)

A comparison of the school's student academic assessment data to the State average for each tested subject.

(v)
(I)

the number and percentage of students who are meeting or exceeding the State student academic achievement standards or are achieving sufficient academic growth, as determined in accordance with subsection (a)(3)(B)(iii), for each subject area and grade level; and

(II)

The most recent 3-year trend in student academic growth in each subject area, and for each grade level, for the State academic assessments.

(vi)

The number and percentage of students with the most significant cognitive disabilities who take an alternate assessment under subsection (a)(2)(E), by grade and subject.

(vii)

The number of students who are English learners, and the performance of such students, on the State’s English language proficiency assessments under sub (a)(2)(D), including the students' attainment of, and progress toward, higher levels of English language proficiency.

(viii)

For each high school—

(I)

student graduation rates, including—

(aa)

the 4-year adjusted cohort graduation rate, as defined in section 9101(30)(A); and

(bb)

the cumulative graduation rate, as defined in section 9101(30)(B);

(II)

not later than the beginning of the 2013–2014 school year, the rate at which students who graduated from the high school in the preceding year enrolled in institutions of higher education by the beginning of the next school year; and

(III)

not later than the beginning of the 2014–2015 school year, the rate of student remediation, in the aggregate, for high school graduates who enroll in public institutions of higher education in the State or in other institutions of higher education (to the extent obtaining the data regarding remediation from other institutions is practicable).

(ix)

Beginning not later than the 2015–2016 school year, the evaluation results of teachers and principals as measured by the State's professional growth and improvement system, except that such information shall not provide individually identifiable information on individual teachers and principals.

(x)

Discipline data with respect to all students in the school for the disciplinary exclusionary categories described in subparagraphs (A)(v), (D), and (E) of section 618(a)(1) of the Individuals with Disabilities Education Act.

(xi)

The percentage of students passing examinations related to coursework acceptable for postsecondary credit at institutions of higher education, such as Advanced Placement or International Baccalaureate examinations;

(xii)

Data regarding pregnant and parenting students in the State, including—

(I)

the number of pregnant and parenting students enrolled in secondary schools;

(II)

rates, and data regarding participation, of pregnant and parenting students in mainstream schools or in the schools in which the students originated;

(III)

rates, and data regarding participation, of pregnant and parenting students in alternative programs;

(IV)

the number and percentage of pregnant and parenting students who have achieved proficiency, as determined for purposes of subsection (a)(3)(B)(ii) in each grade and subject assessed; and

(V)

graduation rates for pregnant and parenting students.

(xiii)

The incidence of school violence, bullying, drug abuse, alcohol abuse, in-school student suspensions, out-of-school student suspensions, expulsions, referrals to law enforcement, school-based arrests, disciplinary transfers (including placements in alternative schools), and student detentions, for each category.

(C)

The average class size, by grade.

(D)

The school’s categorization, if applicable, in the State school accountability and improvement system under section 1116.

(E)

The most recently available academic achievement results in grades 4 and 8 of the State’s students on the National Assessment of Educational Progress in reading and mathematics, including the percentage of students at each achievement level in the aggregate and by the groups described in section 303(b)(2)(G) of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9622(b)(2)(G)).

(F)

The number of local educational agencies in the State that implement positive behavioral interventions and supports.

(G)

The number of students—

(i)

who are served through the use of early intervening services; and

(ii)

who, in the preceding 2-year period, received early intervening services and who, after receiving such services, have been identified as eligible for, and receive, special education and related services under part B of the Individuals with Disabilities Education Act.

(H)

The number of local educational agencies in the State that implement school-based mental health programs.

(4)

Optional information

A State may include in each school report card such other information as the State believes will best provide parents, students, and other members of the public with information regarding the progress of each of the State's public elementary and secondary schools. Such information may include—

(A)

interscholastic athletic program indicators by gender, including number of participants, expenditures, number of coaches, and number of competitive events;

(B)

indicators of school climate;

(C)

student attendance; and

(D)

school readiness of students in kindergarten.

(5)

Local educational agency and state report cards

Each local educational agency report card and State report card required under paragraph (1)—

(A)

shall include the data described in clauses (i) through (xiv) of paragraph (3)(B) for the local educational agency or State, respectively, as a whole and disaggregated by the subgroups described in subsection (a)(2)(B)(x);

(B)

in the case of a State report card, shall include the data described in paragraph (3)(B)(viii) disaggregated by status as a child in foster care, except that such disaggregation shall not be required in a case in which the number of students in the category would reveal personally identifiable information about an individual student;

(C)

in the case of a local educational agency report card, shall include information regarding the assessments administered annually, by grade level and subject, and, for each assessment, whether the assessment is required by Federal, State, or local statute, regulation, or policy; and

(D)

may include any optional information described in paragraph (4) for the local educational agency or State, respectively.

(6)

Data

A State shall only include in a school report card or local educational agency report card, data that do not reveal personally identifiable information about an individual student or teacher.

(7)

Preexisting report cards

A State educational agency or local educational agency that was providing public report cards on the performance of students, schools, local educational agencies, or the State prior to the date of enactment of the Strengthening America's Schools Act of 2013, may use those report cards for the purpose of this subsection as long as any such report card is modified, as may be needed, to contain the information required by this subsection.

(8)

Cost reduction

Each State educational agency and local educational agency receiving assistance under this part shall, wherever possible, take steps to reduce data collection costs and duplication of effort by obtaining the information required under this subsection through existing data collection efforts.

(9)

Cross-tabulated data not used for accountability

Groups of students obtained by cross-tabulating data under this subsection shall not be considered to be subgroups under section 1116. Such cross-tabulated data shall not be used to determine whether a school is a focus or priority school under subsection (c) or (d) of section 1116.

(e)

Reporting

(1)

Annual State report

Each State educational agency that receives assistance under this part shall report annually to the Secretary, and make widely available within the State—

(A)

information on the State's progress in developing and implementing the academic assessments described in subsection (a)(2);

(B)

information on the achievement and academic growth of students, including results disaggregated (except 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 student) by the subgroups described in subsection (a)(2)(B)(x) and by status as a child in foster care;

(C)

information on any changes in status for all public schools in the State, in accordance with the State's system of differentiation described in subsection (a)(3)(A)(ii) and the categories required under section 1116;

(D)

in any year before the State begins to provide the information described in subparagraph (B), information on the results of student academic assessments (including results disaggregated by the subgroups described in subsection (a)(2)(B)(x)) required under this section;

(E)

information on the acquisition of English language proficiency by students who are English learners;

(F)

the number of schools, and the name of each school, identified as a focus or priority school under subsection (c) or (d) of section 1116; and

(G)

the number of schools identified as blue ribbon schools under section 1131 and the name of each such school.

(2)

Secretary's report card and biennial evaluation report

(A)

Secretary's report card

Not later than July 1, 2014, and annually thereafter, the Secretary shall prepare and submit to the authorizing committees a national report card on the status of elementary and secondary education in the United States. Such report shall—

(i)

analyze existing data from State reports required under this Act, the Individuals with Disabilities Education Act, and the Carl D. Perkins Career and Technical Education Act of 2006, and summarize major findings from such reports;

(ii)

analyze data from the National Assessment of Educational Progress and international assessments, including the Third International Mathematics and Science Survey;

(iii)

identify trends in student achievement, student academic growth, student performance, and high school graduation rates, by analyzing and reporting on the status and performance of subgroups of students, including subgroups based on race, ethnicity, and socioeconomic status and the subgroups of children with disabilities and English learners;

(iv)

compare the performance of students, including the subgroups described in clause (iii), across States and local educational agencies across the United States;

(v)

identify and report on promising practices, areas of greatest improvement in student achievement and educational attainment, and other examples worthy of national attention;

(vi)

identify and report on areas of educational concern that warrant national attention; and

(vii)
(I)

analyze existing data, as of the time of the report, on Federal, State, and local expenditures on education, including per pupil spending, teacher salaries and pension obligations, school level spending, and other financial data publicly available; and

(II)

report on current trends and major findings resulting from the analysis.

(B)

Special rule

The information used to prepare the report described in subparagraph (A) shall be derived from existing State and local reporting requirements and data sources. Nothing in this paragraph shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary not otherwise explicitly authorized by any other Federal law.

(C)

Biennial report

The Secretary shall transmit biennially to the authorizing committees a report that provides national and State-level data on the information collected under paragraph (1).

(f)

Penalties

If a State that receives a grant under this part fails to meet any requirement of this part, the Secretary may withhold funds for State administration under this part until the Secretary determines that the State has fulfilled those requirements.

(g)

Parents' right-to-Know

(1)

Qualifications

At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student's classroom teachers, including, at a minimum, the following:

(A)

Whether the teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction.

(B)

Whether the teacher is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived.

(C)

The baccalaureate degree major of the teacher and any other graduate certification or degree held by the teacher, and the field of discipline of the certification or degree.

(D)

Whether the student is provided services by paraprofessionals and, if so, their qualifications.

(2)

Equity report card

A local educational agency that receives funds under this part shall make available to parents, separately or as a clearly identified part of the school report card, and through easily accessible means, including electronic means, the following information for each school:

(A)

student achievement data at each performance level, for each category of students described in subsection (a)(3)(B)(ii), on the State academic assessments included in the State accountability system under subsection (a)(3), disaggregated by the subgroups described in subsection (a)(2)(B)(x);

(B)

Individual school funding by source, including Federal, State, and local funding and grants;

(C)

For each high school, the 4-year adjusted cohort graduation rate, as described in section 9101(32)(A), and the rate at which students graduating from the high school in the preceding year enrolled in institutions of higher education by the beginning of the next school year;

(D)

Data regarding educational opportunity participation, which data—

(i)

shall include, at a minimum, prekindergarten and full-day kindergarten opportunities for children and opportunities for Advanced Placement or International Baccalaureate course work; and

(ii)

may include such opportunities as dual enrollment, gifted programming, and other educational programming.

(E)

Information regarding each school’s school climate, including student survey results and school discipline data, which may include information such as the incidence of school violence, bullying, in-school student suspensions, out-of-school student suspensions, expulsions, referrals to law enforcement, school-based arrests, disciplinary transfers (including placements in alternative schools), and student detentions.

(F)

Other data that, in conjunction with the local educational agency report card described in subsection (d), is determined, by the State or local educational agency in consultation with parents, families, and educators, to be necessary to allow parents, families, and community members to understand, and compare with other schools in the local educational agency and across the State, the resources available to the school that influence the outcomes for students.

(3)

Additional information

In addition to the information that parents of students may request under paragraph (1), a school that receives funds under this part shall provide to each individual parent, with respect to the student—

(A)

information on the level of achievement and academic growth of the student on each of the State academic assessments as required under this part; and

(B)

timely notice that the student has been assigned, or has been taught for 4 or more consecutive weeks by, a teacher who does not hold a State qualification or license to teach at the grade level and subject area in which the teacher has been assigned.

(4)

Format

The notice and information provided to parents under this subsection shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand.

(h)

Privacy

Information collected under this section shall be collected and disseminated in a manner that protects the privacy of individuals.

(i)

Technical assistance

The Secretary shall provide a State educational agency, at the State educational agency's request, with technical assistance in meeting the requirements of this section.

(j)

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 purposes.

(k)

Special rule with respect to bureau-funded schools

In determining the assessments to be used by each school operated or funded by the Bureau of Indian Education of the Department of Interior that receives funds under this part, the following shall apply:

(1)

State accredited schools

Each such school accredited by the State in which it is operating shall use the assessments the State has developed and implemented to meet the requirements of this section, or such other appropriate assessment as approved by the Secretary of the Interior.

(2)

Regionally accredited schools

Each such school accredited by a regional accrediting organization shall adopt appropriate assessments, in consultation with and with the approval of, the Secretary of the Interior and consistent with assessments adopted by other schools in the same State or region, that meets the requirements of this section.

(3)

Tribally accredited schools

Each such school accredited by a tribal accrediting agency or tribal division of education shall use assessments developed by such agency or division, except that the Secretary of the Interior shall ensure that such assessments meet the requirements of this section.

.

1112.

Local educational agency plans

Section 1112 (20 U.S.C. 6312) is amended to read as follows:

1112.

Local educational agency plans

(a)

Plans required

(1)

Subgrants

A local educational agency may receive a subgrant under this part for any fiscal year only if such agency has on file with the State educational agency a plan, approved by the State educational agency, that is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Carl D. Perkins Career and Technical Education Act of 2006, the McKinney-Vento Homeless Assistance Act, and other Acts, as appropriate, and activities under title IX of the Education Amendments of 1972.

(2)

Consolidated application

The plan may be submitted as part of a consolidated application under section 9305.

(b)

Plan development and duration

(1)

Consultation

Each local educational agency plan shall be developed in consultation with—

(A)

teachers, principals, administrators, and other appropriate school personnel;

(B)

representatives of early childhood education programs in the geographic area served by the local educational agency, as appropriate; and

(C)

parents and family members of children in schools served under this part.

(2)

Duration

Each local educational agency plan shall be submitted pursuant to this section for the first year for which this part is in effect following the date of enactment of the Strengthening America's Schools Act of 2013, and such plan shall remain in effect until the date of renewal as determined under paragraph (4) by the State.

(3)

Review

Each local educational agency shall periodically review and, as necessary, revise its plan to reflect changes in the local educational agency’s strategies and programs under this part, and changes in the State performance targets under section 1111(a)(3).

(4)

Renewal

A local educational agency that desires to continue participating in the program under this part shall submit a renewed plan on a periodic basis, as determined by the State.

(c)

State approval

(1)

In general

Each local educational agency plan shall be filed according to a schedule established by the State educational agency.

(2)

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—

(A)

enables schools served under this part to substantially help children served under this part meet the academic content and student academic achievement standards expected of all children described in section 1111(a)(1) and the performance targets described in section 1111(a)(3)(C); and

(B)

meets the requirements of this part.

(d)

Plan provisions

In order to help low-achieving children meet college and career ready student academic achievement standards, and to close the achievement gap between high- and low-achieving children each local educational agency plan shall describe each of the following:

(1)

How the local educational agency will work with each of the schools served by the agency to—

(A)

develop and implement a comprehensive program of instruction to meet the academic needs of all students;

(B)

identify quickly and effectively students who may be at risk for academic failure;

(C)

provide additional educational assistance to individual students assessed as needing help in meeting the State’s college and career ready student academic achievement standards;

(D)

identify significant gaps in student achievement among subgroups of students identified under section 1111(a)(2)(B)(x) and develop strategies to reduce such gaps in achievement; and

(E)

identify and implement effective methods and instructional strategies that are based on scientifically valid research intended to strengthen the core academic programs of the schools, including using multi-tiered systems of support, universal design for learning, and positive behavioral interventions and supports.

(2)

How the local educational agency will monitor and evaluate the effectiveness of school programs in improving student academic achievement and academic growth, especially for students described in section 1111(a)(3)(B)(ii)(II).

(3)

The strategy the local educational agency will use to implement effective parent and family engagement under section 1118.

(4)

How the local educational agency will coordinate and integrate services provided under this part with other high-quality early childhood education programs at the local educational agency or individual school level (including programs under section 619 of the Individuals with Disabilities Education Act) that include plans for the transition of participants in such programs to local elementary school programs and, if appropriate, a description of how the local educational agency will use funds under this part to support preschool programs for children, particularly children participating in a Head Start program, which may be provided directly by the local educational agency or through a subcontract with the Head Start agency designated by the Secretary of Health and Human Services under section 641 of the Head Start Act, or another comparable public early childhood education program.

(5)

How activities under this part will be coordinated and integrated with Federal, State, and local services and programs, including programs supported under this Act, the Carl D. Perkins Career and Technical Education Act of 2006, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, the Head Start Act, the Child Care and Development Block Grant Act of 1990, and the Workforce Investment Act of 1998, violence prevention programs, nutrition programs, and housing programs.

(6)

How the local educational agency will coordinate and integrate services provided under this part with local workforce development programs that serve disadvantaged or out-of-school youth, such as those providing workforce investment activities under chapter 4 of subtitle B of title I of the Workforce Investment Act of 1998, including a description of how the local educational agency will use funds under this part to support such activities.

(7)

The poverty criteria that will be used to select school attendance areas under section 1113.

(8)

How teachers, in consultation with parents and family members, administrators, and specialized instructional support personnel, in targeted assistance schools under section 1115, will identify the eligible children most in need of services under this part.

(9)

How the local educational agency will identify and address any disparities in the equitable distribution of teachers, consistent with the requirements of section 1111(b)(1)(L).

(10)

How the local educational agency will provide for the equitable distribution of elementary school teachers, and of secondary school teachers, within local educational agencies and the State using data on the percentage and distribution of the categories of teachers described in subsection (e)(13).

(11)

A general description of the nature of the programs to be conducted by such agency's schools under sections 1114 and 1115 and, where appropriate, educational services outside such schools for children living in local institutions for neglected or delinquent children, and for neglected and delinquent children in community day school programs.

(12)

A description of—

(A)

how the local educational agency will provide opportunities for the enrollment, attendance, and success of homeless children and youths; and

(B)

the services the local educational agency will provide homeless children and youths, including services provided with funds reserved under section 1113(c)(3), and how those services may differ from those provided in prior years.

(13)

A description of the support the local educational agency will provide for homeless children and youths, consistent with the requirements of the McKinney-Vento Homeless Assistance Act.

(14)

For each quartile of schools in the local educational agency based on school poverty level and for high-minority schools and low-minority schools in the local educational agency, data regarding access at the high school level to rigorous coursework, including—

(A)

access to opportunities to earn postsecondary credit while in high school, such as through Advanced Placement and International Baccalaureate courses and examinations, and dual enrollment; and

(B)

student performance on Advanced Placement and International Baccalaureate course examinations.

(15)

How the local educational agency will identify and address any disparity within the student subgroups described in section 1111(a)(3)(D) in equitable access to rigorous coursework, including access to opportunities described in paragraph (14)(A).

(16)

How the local educational agency will engage in timely, on-going, and meaningful consultation with representatives of Indian tribes in the area served by such local educational agency to improve the coordination of activities under this Act and to meet the unique cultural, language, and academic needs of Indian and Native Hawaiian students.

(17)

How the local educational agency will implement strategies to facilitate effective transitions for students from middle school to high school and from high school to postsecondary education.

(18)

If the local educational agency proposes to use subgrant funds under this part for positive behavioral interventions and supports, a description of the actions the local educational agency will take to provide positive behavioral interventions and supports and coordinate those activities with activities carried out under the Individuals with Disabilities Education Act.

(19)

If the local educational agency proposes to use subgrant funds under this part for early intervening services, a description of the actions the local educational agency will take to provide early intervening services and coordinate those services with early intervening services carried out under the Individuals with Disabilities Education Act.

(20)

If the local educational agency proposes to use subgrant funds under this part for school-based mental health programs, a description of the actions the local educational agency will take to provide school-based mental health programs and coordinate those activities with activities carried out under the Individuals with Disabilities Education Act.

(21)

If the local educational agency proposes to use subgrant funds under this part for periodically updating the crisis management plan of the local educational agency, as described in section 4202(d)(5)(B)(iv), a description of the actions the local educational agency will take to develop and implement an updated crisis management plan.

(22)

A description of how the local educational agency will plan for pregnant and parenting students to be enrolled, attend, and succeed in school.

(e)

Assurances

Each local educational agency plan shall provide assurances that the local educational agency will—

(1)

use the results of the academic assessments required under section 1111(a)(2), and other measures or indicators available to the agency, 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 making the progress necessary to ensure all students will be performing at or above grade level on the State academic assessments required under such section, in accordance with the ambitious targets described in the State plan under section 1111(a)(3)(C);

(2)

provide to parents and teachers the results from the academic assessments required under section 1111(a)(2) as soon as is practicably possible after the test is taken in an understandable and uniform format and, to the extent possible, provided in a language that the parents and, to the greatest extent practicable, family members, can understand;

(3)

participate, if selected, in State academic assessments of student achievement in reading and mathematics in grades 4 and 8 carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act;

(4)

fulfill such agency’s school improvement responsibilities under section 1116;

(5)

ensure that migratory children who are eligible to receive services under this part are selected to receive such services on the same basis as other children who are selected to receive services under this part;

(6)

engage in timely and meaningful consultation with representatives of Indian tribes located in the area served by the local educational agency;

(7)

provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1120, and timely and meaningful consultation with private school officials regarding such services;

(8)

inform eligible schools of the local educational agency's authority to obtain waivers on the school’s behalf under applicable Federal flexibility provisions;

(9)

in the case of a local educational agency that chooses to use funds under this part to provide early childhood education services to low-income children below the age of compulsory school attendance, ensure that such services comply with the education performance standards in effect under section 641A(a)(1)(B) of the Head Start Act;

(10)

comply with the requirements of section 1501 that relate to the local educational agency and describe the local educational agency's plan to ensure such compliance;

(11)

comply with the requirements of subtitle B of title VII of the McKinney-Vento Homeless Assistance Act that relate to the local educational agency;

(12)

annually submit to the State educational agency the information contained in each school equity report card described in section 1111(g)(2); and

(13)

annually submit to the State educational agency, for each quartile of schools in the local educational agency based on school poverty level and for high-minority schools and low-minority schools in the local educational agency, data regarding the percentage and distribution of the following categories of teachers:

(A)

Teachers who are new.

(B)

Teachers who have not completed a teacher preparation program.

(C)

Teachers who are not teaching in the subject or field for which the teacher is certified or licensed.

(D)

Where applicable, teachers who have the highest or lowest ratings in a professional growth and improvement system.

(f)

Parental notification regarding language instruction programs

(1)

In general

Each local educational agency using funds under this part to provide a language instruction educational program as determined under part C of title III shall, not later than 30 days after the beginning of the school year, inform a parent or parents of an English learner identified for participation or participating in, such a program of—

(A)

the reasons for the identification of their child as an English learner and in need of placement in a language instruction educational program;

(B)

the child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement;

(C)

the methods of instruction used in the program in which their child is, or will be, participating, and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction;

(D)

how the program in which their child is, or will be, participating, will meet the educational strengths and needs of their child;

(E)

how such program will specifically help their child learn English, and meet age-appropriate academic achievement standards for grade promotion and graduation;

(F)

the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for English learners, and the expected rate of graduation from secondary school for such program if funds under this part are used for children in secondary schools;

(G)

in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child; and

(H)

information pertaining to parental rights that includes written guidance—

(i)

detailing—

(I)

the right that parents have to have their child immediately removed from such program upon their request; and

(II)

the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and

(ii)

assisting parents in selecting among various programs and methods of instruction, if more than 1 program or method is offered by the eligible entity.

(2)

Notice

The notice and information provided in paragraph (1) to a parent or parents of a child identified for participation in a language instruction educational program for English learners shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand.

(3)

Special rule applicable during the school year

For those children who have not been identified as English learners prior to the beginning of the school year and who are subsequently so identified, the local educational agency shall notify the parents of such children within the first 2 weeks of the child being placed in a language instruction educational program consistent with paragraphs (1) and (2).

(4)

Parental participation

Each local educational agency receiving funds under this part shall implement an effective means of outreach to parents and, to the extent practicable, family members, of English learner students to inform the parents and family members regarding how the parents and family members can be involved in the education of their children, and be active participants in assisting their children to attain English proficiency, achieve at high levels in core academic subjects, and meet college and career ready State student academic achievement standards and State academic content standards expected of all students, including holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents and family members of students assisted under this part.

(5)

Basis for admission or exclusion

A student shall not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status.

.

1113.

Eligible school attendance areas

Section 1113 (20 U.S.C. 6313) is amended—

(1)

in subsection (a)—

(A)

by striking paragraph (3) and inserting the following:

(3)

Ranking order

(A)

In general

Except as provided in subparagraph (B), if funds allocated in accordance with subsection (c) are insufficient to serve all eligible school attendance areas, a local educational agency shall—

(i)

annually rank, without regard to grade spans, such agency's eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent, or exceeds 50 percent in the case of the high schools served by such agency, from highest to lowest according to the percentage of children from low-income families; and

(ii)

serve such eligible school attendance areas in rank order.

(B)

Applicability

A local educational agency shall not be required to reduce, in order to comply with subparagraph (A), the amount of funding provided under this part to elementary schools and middle schools from the amount of funding provided under this part to such schools for the fiscal year preceding the data of enactment of the Strengthening America's Schools Act of 2013 in order to provide funding under this part to high schools pursuant to subparagraph (A).

;

(B)

by striking paragraph (5) and inserting the following:

(5)

Measures

(A)

In general

Except as provided in subparagraph (B), the local educational agency shall use the same measure of poverty, which measure shall be the number of children ages 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act, the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or the number of children eligible to receive medical assistance under the Medicaid program, or a composite of such indicators, with respect to all school attendance areas in the local educational agency—

(i)

to identify eligible school attendance areas;

(ii)

to determine the ranking of each area; and

(iii)

to determine allocations under subsection (c).

(B)

Low-income families in secondary schools

For measuring the number of students in low-income families in secondary schools, the local educational agency shall use the same measure of poverty, which shall be the calculation producing the greater of the results from among the following 2 calculations:

(i)

The calculation described under subparagraph (A).

(ii)

A feeder pattern described in subparagraph (C).

(C)

Feeder pattern

In this part, the term feeder pattern means an accurate estimate of the number of students in low-income families in a secondary school that is calculated by applying the average percentage of students in low-income families of the elementary school attendance areas as calculated under subparagraph (A) that feed into the secondary school to the number of students enrolled in such school.

; and

(C)

by adding at the end the following:

(8)

Reservation for early childhood education

A local educational agency may reserve funds made available to carry out this section for early childhood education in eligible school attendance areas before making allocations to high schools in eligible school attendance areas pursuant to this section.

; and

(2)

in subsection (c)—

(A)

by striking paragraph (3) and inserting the following:

(3)

Reservation for homeless children and youth and other at-risk children

(A)

Funds for homeless children and youth and other at-risk children

A local educational agency shall reserve such funds as are necessary under this part to serve—

(i)

homeless children who are attending any public school served by the local educational agency, including providing educationally related support services to children in shelters and other locations where children may live;

(ii)

children in local institutions for neglected children;

(iii)

if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day programs; and

(iv)

children in foster care (as defined in section 1502), including providing points of contact (as described in section 1501(d)) in local educational agencies for child welfare agencies and children in foster care.

(B)

Reservation of funds

Notwithstanding the requirements of subsections (b) and (c) of section 1120A, funds reserved under subparagraph (A) may be used to provide homeless children and youths with services not ordinarily provided to other students under this part, including—

(i)

providing funding for the liaison designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act;

(ii)

providing transportation pursuant to section 722(g)(1)(J)(iii) of such Act;

(iii)

providing services to preschool-aged homeless children and homeless secondary school students;

(iv)

providing support services to homeless children and youths in shelters and other locations where they may live; and

(v)

removing barriers to homeless children and youths’ enrollment, attendance, retention, and success in school.

(C)

Amount reserved

The amount of funds reserved in accordance with subparagraph (A)(i) shall be determined by an assessment of the needs of homeless children and youths in the local educational agency. Such needs assessment shall include the following:

(i)

Information related to child, youth, and family homelessness in the local educational agency obtained through the coordination and collaboration required under subsections (f)(4) and (g)(5) of section 722 of the McKinney-Vento Homeless Assistance Act.

(ii)

The number of homeless children and youths reported by the local educational agency to the State educational agency under section 722(f)(3) of the McKinney-Vento Homeless Assistance Act for the previous school year.

; and

(B)

in paragraph (4), by striking eligible under this section and identified for school improvement, corrective action, and restructuring under section 1116(b) and inserting identified as a priority school under section 1116(d).

1114.

Schoolwide programs

Section 1114 (20 U.S.C. 6314) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by adding at the end the following: Funds under this part may be used to support evidence-based activities that address needs identified through the comprehensive needs assessment under subsection (b)(1)(A) and consistent with the schoolwide program.;

(B)

in paragraph (2)—

(i)

in subparagraph (A)(ii), by striking provide and all that follows through the period and inserting identify particular services as supplemental.; and

(ii)

by striking subparagraph (B) and inserting the following:

(B)

Supplemental funds

(i)

In general

A local educational agency serving a school participating in a schoolwide program shall use funds available to carry out this section only to supplement the aggregate amount of funds that would, in the absence of funds under this part, be made available from State and local sources for the school, including funds needed to provide services that are required by law for children with disabilities and children who are English learners.

(ii)

Compliance

To demonstrate compliance with clause (i), a local educational agency shall demonstrate that the methodology it uses to allocate State and local funds to each school receiving funds under this part ensures the school receives all of the State and local funds the school would otherwise receive if it were not receiving funds under this part.

(iii)

Nonapplicability

Section 1120A(b) shall not apply to schools operating schoolwide programs under this section.

;

(C)

in paragraph (3)(B)—

(i)

by inserting or after civil rights,; and

(ii)

by striking , services to private school children, maintenance of effort, comparability of services, uses of Federal funds to supplement, not supplant non-Federal funds, or the distribution of funds to State educational agencies or local educational agencies; and

(D)

by striking paragraph (4) and inserting the following:

(4)

External providers

A school may carry out a schoolwide program under this subsection through an external provider if the school demonstrates, in the plan required under subsection (b)(2), that the external provider has expertise in using strategies and programs that are based on scientifically valid research to improve teaching, learning, and schools.

;

(2)

in subsection (b)—

(A)

in paragraph (1)—

(i)

in subparagraph (A)—

(I)

by striking section 1309(2) and inserting section 1312; and

(II)

by striking section 1111(b)(1) and inserting section 1111(a)(1); and

(ii)

in subparagraph (B)—

(I)

in clause (i), by striking to meet the State's proficient and advanced levels of student academic achievement described in section 1111(b)(1)(D) and inserting to be proficient or advanced students, as described in section 1111(a)(3)(B)(ii)(I);

(II)

in clause (ii), by striking scientifically based research and inserting scientifically valid research; and

(III)

in clause (iii)—

(aa)

in subclause (I)—

(AA)

in item (aa), by striking pupil services and inserting specialized instructional support services;

(BB)

in item (bb), by striking and after the semicolon;

(CC)

in item (cc), by striking vocational and technical education programs; and and inserting career and technical education programs;; and

(DD)

by adding at the end the following:

(dd)

implementation of schoolwide positive behavioral interventions and supports, including through coordination with activities carried out under the Individuals with Disabilities Education Act, in order to improve academic outcomes for students and reduce the need for suspensions, expulsions, and other actions that remove students from instruction; and

(ee)

implementation of early intervening services, including through coordination with early intervening services carried out under the Individuals with Disabilities Education Act;

; and

(bb)

in subclause (II), by striking and after the semicolon; and

(cc)

by adding at the end the following:

(III)

a multi-tier system of supports and positive behavioral interventions and supports; and

(IV)

support for programs, activities, courses, and professional development in the core academic subjects that are targeted toward assisting children described in subclause (I) in meeting the academic content and student academic achievement standards described in section 1111(a)(1); and

;

(iii)

in subparagraph (C), by inserting and highly rated after qualified;

(iv)

by striking subparagraphs (D) and (F);

(v)

by redesignating subparagraphs (E), (G), (H), (I), and (J), as subparagraphs (D), (E), (F), (G), and (H), respectively;

(vi)

in subparagraph (D), as redesignated by clause (v), by inserting and highly rated after qualified;

(vii)

in subparagraph (E), as redesignated by clause (v), by striking , Even Start, Early Reading First, and inserting , programs under part A of title IV,;

(viii)

in subparagraph (F), as redesignated by clause (v), by striking section 1111(b)(3) and inserting section 1111(a)(2); and

(ix)

in subparagraph (G), as redesignated by clause (v), by striking proficient or advanced levels of academic achievement standards required by section 1111(b)(1) and inserting proficient and advanced levels of academic achievement standards described in section 1111(a)(1)(A)(iv); and

(B)

in paragraph (2)—

(i)

in subparagraph (A)—

(I)

in the matter preceding clause (i), by striking No Child Left Behind Act of 2001), in consultation with the local educational agency and its school support team or other technical assistance provider under section 1117, and inserting Strengthening America's Schools Act of 2013), in consultation with the local educational agency,; and

(II)

in clause (iv), by striking section 1111(b)(3) and inserting section 1111(a)(2); and

(ii)

in subparagraph (B)—

(I)

in clause (i)—

(aa)

in subclause (I), by striking , after considering the recommendation of the technical assistance providers under section 1117,; and

(bb)

in subclause (II), by striking the No Child Left Behind Act of 2001 and inserting the Strengthening America's Schools Act of 2013;

(II)

in clause (ii), by striking pupil services personnel and inserting specialized instructional support personnel; and

(III)

in clause (v), by striking Reading First, Early Reading First, Even Start, and inserting part A of title IV,; and

(3)

in subsection (c), by striking Even Start programs or Early Reading First programs and inserting programs under part A of title IV.

1115.

Targeted assistance schools

Section 1115 (20 U.S.C. 6315) is amended—

(1)

in subsection (b)—

(A)

in paragraph (1)(B)—

(i)

by striking challenging and inserting college and career ready; and

(ii)

by striking except that and all that follows through the period at the end and inserting including children who are at risk of failing to be ready for elementary school.; and

(B)

in paragraph (2)—

(i)

in subparagraph (A), by striking or limited English proficient children and inserting , or English learners; and

(ii)

by striking subparagraph (B) and inserting the following:

(B)

Head Start or literacy programs

A child who, at any time in the 2 years preceding the year for which the determination is made, participated in a Head Start program, a program under part A of title IV, or in preschool services under this title, is eligible for services under this part.

;

(2)

in subsection (c)—

(A)

in paragraph (1)—

(i)

in the matter preceding subparagraph (A), by striking challenging and inserting college and career ready;

(ii)

in subparagraph (A), by striking challenging and inserting college and career ready;

(iii)

in subparagraph (C)—

(I)

in the matter preceding clause (i), by striking scientifically based research and inserting scientifically valid research;

(II)

in clause (ii), by striking and after the semicolon; and

(III)

by adding at the end the following:

(iv)

may include a multi-tier system of supports and positive behavioral supports; and

(v)

may include support for programs, activities, courses, and professional development in the core academic subjects that are targeted toward children described in subclause (I) to enable such children to meet the academic content and student academic achievement standards described in section 1111;

;

(iv)

in subparagraph (D), by striking Even Start, Early Reading First and inserting programs under part A of title IV,;

(v)

in subparagraph (E), by inserting and highly rated after qualified; and

(vi)

in subparagraph (F)—

(I)

by striking subsection (e)(3) and; and

(II)

by striking pupil services personnel and inserting specialized instructional support personnel; and

(B)

in paragraph (2)—

(i)

in the matter preceding subparagraph (A), by striking proficient and advanced and inserting on-track and advanced; and

(ii)

in subparagraph (B), by striking challenging and inserting college and career ready; and

(3)

in subsection (e)(2)(B)(iii), by striking pupil services personnel and inserting specialized instructional support personnel.

1116.

School performance

Section 1116 (20 U.S.C. 6316) is amended to read as follows:

1116.

School performance

(a)

School accountability and improvement system

(1)

In general

Each State receiving a grant under this part shall establish a school accountability and improvement system that—

(A)

is part of the accountability system required under section 1111(a)(3) and implements the requirements of such system;

(B)

supports schools that are not meeting the State's performance targets under section 1111(a)(3)(C) for all students; and

(C)

identifies the public elementary schools and secondary schools in the State that will need local interventions under subsection (b), that are focus schools under subsection (c), and that are priority schools under subsection (d), and the processes to be used to improve schools in each category, in accordance with this section and section 2123(b).

(2)

Review and approval

The State shall include information describing the school accountability and improvement system in the State plan under section 1111(b), which shall be subject to peer review and approval by the Secretary as part of the State plan, in accordance with such section.

(b)

Local interventions; reporting

(1)

Local interventions

Beginning in the 2015–2016 school year, each local educational agency receiving a subgrant under this part shall—

(A)

identify each school that, after 2 consecutive years, has not met the same performance target described in section 1111(a)(3)(C) for the same subgroup described in section 1111(a)(3)(D); and

(B)

ensure that such school, in collaboration with the local educational agency, develops and implements a locally designed intervention to improve student achievement in each such subgroup.

(2)

Reporting

Each local educational agency that implements locally designed interventions under paragraph (1) to support schools that have not met performance targets for a subgroup will report to the State educational agency regarding the resources and interventions used to address the achievement of students in the subgroup, and the outcomes of those efforts. The State educational agency shall annually select the interventions with exemplary outcomes, share such interventions and outcomes with the public, and communicate such interventions and outcomes to the Secretary.

(3)

Lack of improvement

Each school served under this part that has been identified as a school that has not met the same subgroup performance target, as described in paragraph (1), for the preceding 3 consecutive years shall work with the State educational agency to implement a State-approved intervention based on established best practices within State.

(c)

Focus schools

(1)

Identification

Beginning in the 2015–2016 school year, a State shall identify as a focus school, for the 3-year period following the school's identification period (except as provided in paragraph (2))—

(A)

each public school in the State that—

(i)

is not identified as a priority school under subsection (d); and

(ii)

is in the 10 percent of such schools with the greatest achievement gaps among the subgroups described in section 1111(a)(3)(D) as compared to the statewide average, as determined by the State academic assessments under section 1111(a)(2); and

(B)

each public high school in the State that—

(i)

is not identified as a priority school under subsection (d); and

(ii)

is in the 10 percent of such schools with the greatest graduation rate gaps among such subgroups as compared to the statewide averages.

(2)

Improvement strategies

For each focus school identified under paragraph (1), the local educational agency serving the school shall, in accordance with the State accountability system described in section 1111(a)(3), develop and implement a measurable and data-driven correction plan to improve the performance of low-achieving subgroups in the school in order to close achievement gaps. A correction plan under this paragraph shall be developed with input from teachers, parents, community members, and other stakeholders.

(3)

State waiver

If a State determines that all schools that would otherwise be considered to be the lowest-achieving 10 percent of schools with the greatest achievement gap, or graduation rate gap, under paragraph (1), are actually performing at a satisfactory level of performance, the State may apply to the Secretary to waive the requirements of this subsection with respect to such schools.

(4)

Improvement

The State educational agency shall no longer identify a school that has been identified as a focus school for any remainder of the school's 3-year identification period if—

(A)

at any time during the 3-year period for which a school is so identified, the school has met all of its performance targets as described in section 1111(a)(3)(C) for the school year; or

(B)

after 2 years of the 3-year period, the State determines, based on the most current data, that the school's rate of improvement is sufficient to enable the school to meet all of the school's performance targets by the end of the 3-year period.

(d)

Priority schools

(1)

Identification

(A)

In general

Beginning in the 2015–2016 school year, a State shall identify as a priority school, for the 3-year period following the school's identification (except as provided in paragraph (5))—

(i)

each school served under this part in the State that is in the lowest-achieving 5 percent of elementary schools;

(ii)

each school served under this part in the State that is in the lowest-achieving 5 percent of secondary schools;

(iii)

each public high school in the State with a graduation rate of less than 60 percent; and

(iv)

each school served under this part that has been identified as a focus school under subsection (c) for the 6 preceding consecutive years.

(B)

State waiver

If a State determines that all schools that would otherwise be considered to be the lowest-achieving 5 percent of schools under clause (i), are actually performing at a satisfactory level of performance based on the measures used by the State to identify priority schools, the State may apply to the Secretary to waive the requirements of this subparagraph, and paragraphs (2) through (5), for such schools.

(2)

Needs analysis

Each local educational agency receiving assistance under this part shall conduct a data-driven needs analysis, which may involve an external partner with expertise in conducting such needs analysis, of each school identified as a priority school, as the case may be, to determine the most appropriate school improvement strategies to improve student performance. Such needs analysis shall include—

(A)

a diagnostic review of data related to students and instructional staff;

(B)

an analysis of the school governance, curriculum, instruction, student supports, conditions for learning, and parent and family engagement practices relative to the needs of the student population; and

(C)

the resources, which may include community-based supports and early childhood education, available at the school, local educational agency, and community levels to meet student needs and support improved student achievement and outcomes and the implementation of any school improvement strategy.

(3)

State and local responsibilities for identified schools

(A)

State responsibilities

Each State receiving a grant under this part shall ensure that a local educational agency receiving assistance under this part carries out the requirements of subparagraph (B) for each school identified as a priority school under paragraph (1) in the State.

(B)

Local educational agency responsibilities

Each local educational agency receiving assistance under this part shall, consistent with the State's accountability system under section 1111(a)(3)—

(i)

establish a process for selecting an appropriate school improvement strategy for each school described in subparagraph (A) that is served by the local educational agency;

(ii)

select the school improvement strategy to be used in each such school and the timeline for implementing the selected school improvement strategy in such school;

(iii)

develop a detailed budget covering the 3-year identification period, including planned expenditures at the school level for activities supporting full and effective implementation of the selected school improvement strategy;

(iv)

implement a school improvement strategy at the school in accordance with the requirements of paragraph (4);

(v)

use appropriate measures to monitor the effectiveness of the implementation;

(vi)

review and select turnaround partners to assist in implementing school improvement strategies;

(vii)

align other Federal, State, and local resources with the school improvement strategy;

(viii)

provide the school with the operational flexibility, including autonomy over staffing, time, and budget, needed to enable full and effective implementation of the selected strategy, including through the modification of practices or policies, if necessary;

(ix)

collect and use data on an ongoing basis to adjust implementation of the school improvement strategy to improve student achievement;

(x)

provide an assurance that the implementation of the selected school improvement strategy addresses the needs of all the subgroups of students described in section 1111(a)(3)(D) in the school;

(xi)

take steps to sustain successful reforms and practices after the school is no longer identified as a priority school;

(xii)

provide technical assistance and other support to ensure students graduate from high school college- and career-ready, as determined by the State's academic content standards under section 1111(a)(1), through the effective implementation of the school improvement strategy in the school, which—

(I)

may include assistance in—

(aa)

data collection and analysis;

(bb)

recruiting and retaining staff;

(cc)

teacher and principal evaluation;

(dd)

professional development;

(ee)

parent and family engagement;

(ff)

coordination of services with high-quality early childhood education providers;

(gg)

coordination of services to address students’ social, emotional, and health needs; and

(hh)

monitoring the implementation of the school improvement strategy selected under paragraph (4); and

(II)

shall include assistance in the implementation of schoolwide positive behavior supports, school-based mental health programs, and other approaches with evidence of effectiveness, for improving the learning environment in the school and reducing the need for suspensions, expulsions, and other actions that remove students from instruction, including effective strategies for improving coordination of community resources;

(xiii)

establish partnerships with employers, institutions of higher education, service providers, and others to assist in implementing school improvement strategies described in paragraph (4); and

(xiv)

review school discipline and climate data, disaggregated by each subgroup described in section 1111(a)(3)(D), in assessing the needs of the school and, if low-achieving subgroups receive a disproportionate amount of suspensions, expulsions, or other forms of exclusionary discipline, incorporate evidence-based strategies to reduce out-of-classroom punishment and promote student engagement in the school’s improvement plan.

(C)

State as local educational agency

If a school identified as a priority school under this subsection for a 3-year identification period is re-identified as a priority school for the subsequent 3-year period, the State may take over the school and act as the local educational agency for purposes of this subsection, if permitted under State law.

(4)

School improvement strategies

(A)

Required activities for all school improvement strategies

A local educational agency implementing any strategies under this paragraph for a school shall—

(i)

provide staff at the school with ongoing professional development, consistent with the needs analysis described in paragraph (2);

(ii)

conduct regular evaluations for the teachers and principals at the school that provide specific feedback on areas of strength and in need of improvement;

(iii)

provide time for collaboration among instructional staff at the school to improve student achievement;

(iv)

provide instructional staff at the school with timely access to student data to inform instruction and meet the academic needs of individual students, which may include, in elementary school, school readiness data;

(v)

collaborate with parents and families, the community, teachers, other school personnel at the school, and representatives of Indian tribes located in the area served by the local educational agency, on the selection and implementation of the strategy;

(vi)

use data to identify and implement a research-based instructional program that—

(I)

analyzes student progress and performance and develops appropriate interventions for students who are not making adequate progress; and

(II)

provides differentiated instruction and related instructional supports;

(III)

meets the unique cultural, language, and educational needs of all students served by such school;

(vii)

in the case of an elementary school with kindergarten entry—

(I)

examine factors that contribute to school readiness as part of the needs analysis conducted under paragraph (2);

(II)

coordinate with appropriate high-quality early childhood programs, such as programs under the Child Care Development and Block Grant Act of 1990, the Head Start Act, prekindergarten programs, and other similar Federal, State, and local programs, in order to align instruction to better prepare students for elementary school; and

(III)

develop a plan to improve or expand high-quality early childhood options which may include the use of funds under this part for such purposes;

(viii)

provide ongoing mechanisms for parent and family engagement;

(ix)

provide appropriate services and evidence-based, integrated supports for students as identified in the school’s needs analysis;

(x)

describe, in a report to the State educational agency and made available to the public upon request, how the local educational agency or school will adopt and implement policies or practices to develop, implement, improve, or expand positive behavioral interventions and supports, early intervening services, and school-based mental health programs in accordance with the requirements of clauses (xi) through (xiv);

(xi)
(I)

review and analyze the school's efforts to address behavioral or disciplinary problems; and

(II)

assist the school in developing, expanding, or improving the use of schoolwide positive behavioral interventions and supports that are aligned with activities carried out under the Individuals with Disabilities Education Act; and

(xii)

review and analyze the school's efforts to identify and assist students with poor academic achievement and students who are children with disabilities, and assist the school in developing, implementing, or improving early intervening services that are coordinated with activities carried out under the Individuals with Disabilities Education Act;

(xiii)

review the number of discipline incidents in the school and use that information to assist the school to implement schoolwide positive behavioral interventions and supports or other early intervening services, or both; and

(xiv)

review and analyze the school's efforts to address mental health needs among students and assist the school in developing or improving school-based mental health programs that are coordinated with activities carried out under the Individuals with Disabilities Education Act.

(B)

Strategies

A local educational agency shall identify a school improvement strategy for a school identified as a priority school under paragraph (1) from among the following strategies:

(i)

Transformation strategy

A local educational agency implementing a transformation strategy in a school shall—

(I)

replace the principal, if the principal has served in that role at the school for more than 2 years, with a principal who has a demonstrated record of success in increasing student achievement and—

(aa)

training or experience in raising student achievement; or

(bb)

training or experience in turning around low-performing schools;

(II)

require existing instructional staff and school leadership to reapply for their positions; and

(III)

require that all instructional staff and school leadership hiring be done at the school through mutual consent.

(ii)

Turnaround strategy

A local educational agency implementing a turnaround model as a strategy for a school shall—

(I)

replace the principal, if the principal has served in that role at the school for more than 2 years, with a principal who has the demonstrated record of success, training, or experience described in clause (i)(I); and

(II)

screen all teachers in the school and retain not more than 65 percent of them.

(iii)

Whole school reform strategy

A local educational agency implementing a whole school reform strategy for a school shall implement an evidence-based strategy that ensures whole school reform. The strategy shall be undertaken in partnership with an external provider offering a school reform program that is based on at least a moderate level of evidence that the program will have a statistically significant effect on student outcomes, including more than 1 well-designed or well-implemented experimental or quasi-experimental study.

(iv)

Restart strategy

A local educational agency implementing a restart strategy in a school shall carry out the following:

(I)
(aa)

Convert the school into a public charter school, or close and reopen the school as a public charter school in partnership with a nonprofit charter school operator, a nonprofit charter management organization, or a nonprofit education management organization, that has a demonstrated record of improving student achievement for students similar to those served by the school; or

(bb)

convert the school to a magnet school or create a new, innovative school, as defined by the State.

(II)

Ensure that the new school—

(aa)

serves the grade levels as the original school for which the strategy is being implemented; and

(bb)

enrolls any former student of the original school who requests to attend the school and then, after all such students are enrolled, admits additional students, using a random lottery system if more students apply for admission than can be accommodated.

(v)

School closure strategy

A local educational agency implementing a school closure strategy for a school—

(I)

shall close the school and enroll the students who attended the school in other schools, including charter schools, served by the local educational agency that are within reasonable proximity to the closed school, as determined by the local educational agency, and that are higher-performing than the school that is being closed;

(II)

shall provide transportation, or shall pay for the provision of transportation, for each such student to the student's new school, consistent with State law and local educational agency policy;

(III)

shall provide information about high-quality educational options, as well as transition and support services to students, who attended the closed school and the students' parents; and

(IV)

may use school improvement funds provided under subsection (f) to pay for the expenses of—

(aa)

transitioning students from the school that is being closed to the new school;

(bb)

supporting the new school; and

(cc)

expanding and offering student supports and services within the new school, which may include high-quality prekindergarten programs and services.

(C)

Flexibility

(i)

Flexibility for certain local educational agencies

Notwithstanding any other provision of this paragraph—

(I)

a local educational agency that is eligible for services under subpart 1 or 2 of part B of title VI, as determined by the Secretary, may modify not more than 1 of the elements or activities required under subparagraph (A) of a school improvement strategy selected for a school identified under paragraph (4) in order to better meet the needs of students in such school; and

(II)

a State educational agency may apply to the Secretary for a waiver of clauses (i)(I) and (ii)(I) of subparagraph (B).

(ii)

State flexibility

Notwithstanding any other provision of this paragraph, a State educational agency may, with the approval of the Secretary, establish an alternative State-determined, evidence-based, school improvement strategy that may be used by local educational agencies in the State in addition to the strategies described in subparagraph (B), except that funds provided under this title shall not be used for school vouchers.

(D)

Public school choice

(i)

In general

In addition to the requirements of subparagraph (A) and the school improvement strategy determined under subparagraph (B) or (C)(ii), a local educational agency shall, not later than 3 months before the first day of the school year following identification as a priority school under paragraph (1), provide all students enrolled in the identified school with the option to transfer to another public school served by the local educational agency that has not been identified under such paragraph, unless such an option is prohibited by State law.

(ii)

Priority

In providing students the option to transfer to another public school, the local educational agency shall give priority to the lowest-achieving children from low-income families, as determined by the local educational agency for the purposes of allocating funds to schools under section 1113(a)(3).

(iii)

Treatment

Students who use the option to transfer to another public school shall be enrolled in classes and other activities in the public school to which the students transfer in the same manner as all other children at the public school.

(iv)

Special rule

A local educational agency shall permit a child who transfers to another public school under this subparagraph to remain in that school until the child has completed the highest grade in such school.

(5)

Improvement

(A)

In general

The State educational agency shall no longer identify a school that has been identified as a priority school for any remainder of the school's 3-year identification period if—

(i)

after 2 years of the 3-year period for which a school is identified as a priority school under paragraph (1), the school has met all of the school's performance targets as described in section 1111(a)(3)(A); or

(ii)

after 2 years of the 3-year period, the State determines, based on the most current data, that the school's rate of improvement is sufficient to enable the school to meet all of the school's performance targets by the end of the 3-year period.

(B)

Continued eligibility for school improvement funds

If an eligible entity, as defined in subsection (f )(1), was receiving school improvement funds under subsection (f) for a school that improves as described in subparagraph (A), the eligible entity shall continue to receive such grant funds, and use such funds to carry out the grant activities in such school, for the full period of such grant.

(6)

Repeated classification as a priority school

(A)

In general

For each public school that is identified as a priority school under paragraph (1) for any portion of a 3-year period and is re-identified under such paragraph for the subsequent time period, the local educational agency shall carry out the requirements of this subsection for such subsequent period by implementing, with respect to such school, the restart strategy or school closure strategy under clause (iv) or (v) of paragraph (4)(B).

(B)

Special rule

Notwithstanding subparagraph (A), a local educational agency serving a school described in such paragraph, may, in coordination with the State educational agency and based on a community needs assessment, apply to the Secretary for a waiver to implement another school improvement model not previously used by the local educational agency for the school.

(e)

Report on professional development funds for priority schools

Each local educational agency that receives subgrant funds under this part shall prepare and submit a report to the State educational agency, at the end of each school year, regarding—

(1)

the local educational agency's use of funds for professional development, as required under section 2123(b), in schools identified as priority schools under subsection (d) that did not receive funds under subsection (f); and

(2)

any changes in, or effects on, student performance at such schools during such school year.

(f)

School improvement funds

(1)

Definitions

In this subsection:

(A)

Eligible entity

the term eligible entity means—

(i)

a State educational agency;

(ii)

a local educational agency that receives funds under this part and serves at least 1 eligible school;

(iii)

a consortium of such local educational agencies; or

(iv)

an educational service agency that serves at least 1 local educational agency described in clause (ii).

(B)

Eligible school

The term eligible school means a school identified as a priority school under subsection (d).

(2)

Allotments to states

(A)

In general

From the funds made available to carry out this subsection under section 3(a)(2) for a fiscal year, the Secretary shall provide States that submit an application described in paragraph (3) with school improvement funds through an allotment, as determined under subparagraph (B) and in addition to the amounts made available to States under subpart 2, to enable the States to award subgrants and carry out the activities described in this subsection to assist eligible schools.

(B)

Allotments to States

From the funds made available to carry out this subsection under section 3(a)(2) for a fiscal year, the Secretary shall allot to each State with an approved application an amount that bears the same relation to such funds as the amount that the State received under subpart 2 for the preceding fiscal year bears to the amount that all States receive under such subpart for such fiscal year.

(3)

State application

A State that desires to receive school improvement funds under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall include a description of—

(A)

the process and the criteria that the State will use to award subgrants under paragraph (5)(A)(i);

(B)

the process and the criteria the State will use to determine whether the eligible entity's proposal for each eligible school meets the requirements of paragraphs (2) and (4), and subparagraphs (A) and (B) of paragraph (3), of subsection (d);

(C)

how the State will ensure geographic diversity in making subgrants;

(D)

how the State will set priorities in awarding subgrants to eligible entities;

(E)

how the State will monitor and evaluate the implementation of school improvement strategies by eligible entities, including how the State will use the results of the evaluation to improve State strategies for supporting schools identified under subsection (d); and

(F)

how the State will reduce barriers for schools in the implementation of school improvement strategies, including operational flexibility that would enable complete implementation of the selected school improvement strategy.

(4)

State administration and technical assistance

A State that receives an allotment under this subsection may reserve not more than a total of 5 percent of such allotment for the administration of this subsection, which may include activities aimed at building State capacity to support the local educational agency and school improvement, such as providing technical assistance and other support (including regular site visits to monitor implementation of selected school improvement strategies to eligible entities serving eligible schools), either directly or through educational service agencies or other public or private organizations.

(5)

School improvement activities

(A)

In general

A State that receives school improvement funds under this subsection shall use not less than 95 percent of such allotment to carry out school improvement activities for eligible schools by—

(i)

awarding subgrants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the activities described in subparagraph (C) for eligible schools; or

(ii)

if the State chooses and the local educational agency serving an eligible school agrees, directly providing the activities described in subparagraph (C)(ii) to the eligible school and the local educational agency, or arranging for other entities, such as school support teams or educational service agencies, to provide such activities to the school.

(B)

Subgrants

(i)

Applications

An eligible entity that desires a subgrant under this paragraph shall submit an application to the State at such time, in such manner, and including such information as the State shall require. The application shall include a description of how the eligible entity will carry out the requirements of paragraphs (2) and (4), and subparagraphs (A) and (B) of paragraph (3), of subsection (d) for each eligible school to be served by the grant.

(ii)

Demonstration of additional responsibilities

Each eligible entity that desires a subgrant under this paragraph shall demonstrate in its application that the eligible entity has—

(I)

adopted human resource policies that prioritize the recruitment, retention, and placement of effective staff in eligible schools;

(II)

ensured that eligible schools have access to resources to implement the school improvement strategies described in subsection (d)(4), such as facilities, professional development, and technology;

(III)

identified opportunities to reduce duplication, increase efficiency, and assist eligible schools in complying with reporting requirements of State and Federal programs;

(IV)

developed an early warning indicator system that monitors school-level data, and alerts the eligible school when a student indicates slowed progress toward high school graduation, so that the school can provide appropriate student interventions; and

(V)

facilitated alignment and coordination between high-quality early childhood education programs and services serving students who will attend eligible schools that are elementary schools, and teachers and principals of such eligible schools.

(iii)

Subgrant size

A State shall award subgrants under this paragraph of sufficient size to enable subgrant recipients to fully and effectively implement the selected school improvement strategies.

(iv)

Subgrant period

Each subgrant awarded under this paragraph shall be for a 5-year period.

(v)

Withholding final funding

In order for a State to award subgrant funds to an eligible entity for the final 2 years of the subgrant cycle, the eligible entity shall demonstrate that the schools receiving funds under this paragraph have made significant progress on the leading indicators.

(C)

Use of subgrant funds

An eligible entity that receives a subgrant under this paragraph shall use the subgrant funds to—

(i)

carry out the requirements of subparagraphs (A) and (B) of paragraph (3), and paragraphs (2) and (4), of subsection (d) in an eligible school that has been identified under such subsection as of the date of the grant award, which may include a maximum 1-year planning period; and

(ii)

carry out activities at the local educational agency level that directly support such implementation, such as—

(I)

assistance in data collection and analysis;

(II)

recruiting and retaining staff;

(III)

teacher and principal evaluation;

(IV)

professional development;

(V)

coordination of services to address students’ social, emotional, and health needs; and

(VI)

progress monitoring.

(D)

Supplement, not supplant

An eligible entity or State shall use Federal funds received under this subsection only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of pupils participating in programs funded under this subsection.

(E)

Intervention by State

In the case of a State educational agency that has taken over a school or local educational agency, the State may use an amount of funds under this subsection similar to the amount that the school or local educational agency would receive, under this subsection, in order to carry out the activities described in subparagraph (C) for the school and local educational agency, either directly or through an eligible entity designated by the State educational agency.

(6)

National activities

From amounts appropriated and reserved for this paragraph under section 3(a)(2)(B), the Secretary shall carry out the following national activities:

(A)

Activities focused on building State and local educational agency capacity to turn around eligible schools and schools in rural areas through activities such as—

(i)

identifying and disseminating effective school improvement strategies, including in rural areas;

(ii)

making available targeted technical assistance, including planning and implementation tools; and

(iii)

expanding the availability of turnaround partners capable of assisting in turning around eligible schools, including in rural areas.

(B)

Activities focused on building capacity to turn around eligible schools, including in rural areas.

(C)

The use of data, research, and evaluation to—

(i)

identify schools that are implementing school improvement strategies effectively;

(ii)

identify effective school improvement strategies; and

(iii)

collect and disseminate that information to States and local educational agencies in a manner that facilitates replication of effective practices.

(D)

Other activities designed to support State and local efforts to improve eligible schools.

(7)

Evaluation

The Director of the Institute of Education Sciences shall conduct an evaluation of the programs carried out under this subsection.

(g)

Construction

Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers.

.

1117.

Qualifications for teachers and paraprofessionals

Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) is amended—

(1)

by striking section 1117;

(2)

by redesignating section 1119 as section 1117, and moving it so as to precede section 1118;

(3)

by redesignating sections 1120, 1120A, and 1120B as sections 1119, 1120, and 1120A, respectively; and

(4)

in section 1117, as redesignated by paragraph (2)—

(A)

by striking subsections (a) and (b) and inserting the following:

(a)

Teacher qualifications

(1)

In general

Except as provided in paragraph (2), each local educational agency receiving assistance under this part shall ensure that all teachers teaching a core academic subject in a program supported with funds under this part are highly qualified teachers and are certified in the subject area in which the teachers are assigned to teach.

(2)

Exception

Each local educational agency located in a State in which the State has fully implemented a professional growth and improvement system shall only be required to comply with the requirements under paragraph (1) as they relate to new teachers.

(3)

Special rule for small, rural, or remote schools

In the case of a local educational agency that is unable to provide a highly qualified teacher to serve as an on-site classroom teacher for a core academic subject in a small, rural, or remote school, the local educational agency may meet the requirements of this section by using distance learning to provide such instruction by a teacher who is a highly qualified teacher for purposes of the core academic subject, as long as—

(A)

the teacher who is a highly qualified teacher in the core academic subject—

(i)

is responsible for providing at least 50 percent of the direct instruction in the core academic subject through distance learning;

(ii)

is responsible for monitoring student progress; and

(iii)

is the teacher who assigns the students their grades; and

(B)

an on-site teacher who is a highly qualified teacher for a subject other the core academic subject taught through distance learning is present in the classroom throughout the period of distance learning and provides supporting instruction and assistance to the students.

(b)

Qualifications for American Indian, Alaska Native, or Native Hawaiian language, culture, or history teachers

(1)

Language or culture

(A)

In general

Notwithstanding any other provision of law, the requirements of subsection (a) on local educational agencies with respect to highly qualified teachers shall not apply to a teacher of American Indian, Alaska Native, or Native Hawaiian language or culture, whether the teacher is teaching on a permanent, part-time, or occasional basis.

(B)

Competency

A State may require that a local tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), verify the competency of a public school teacher of American Indian, Alaska Native, or Native Hawaiian language or culture to teach such subject, to the chief administrative officer of the local educational agency or the chief State school officer.

(2)

History

(A)

In general

Notwithstanding any other provision of law, the requirements of subsection (a) on local educational agencies with respect to highly qualified teachers, shall not apply to a teacher who is a Native elder or other authority on American Indian, Alaska Native, or Native Hawaiian history and who provides instruction in such subject, whether on a part-time or occasional basis.

(B)

Competency

A State may require that a local tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), verify the competency of the instructor described in subparagraph (A) of American Indian, Alaska Native, or Native Hawaiian history to teach such subject, to the chief administrative officer of the local educational agency or the chief State school officer.

;

(B)

in subsection (c)(1), by striking hired after the date of enactment of the No Child Left Behind Act of 2001 and;

(C)

by striking subsections (d) and (l);

(D)

by redesignating subsections (e), (f), (g), (h), (i), (j), and (k), as subsections (d), (e), (f), (g), (h), (i), and (j), respectively;

(E)

in subsection (d), as redesignated by subparagraph (D), by striking Subsections (c) and (d) and inserting Subsection (c); and

(F)

by striking subsection (i), as redesignated by subparagraph (D), and inserting the following:

(i)

Special rule

A State educational agency may not require a school or a local educational agency to expend a specific amount of funds for professional development activities under this part.

.

1118.

Parent and family engagement

Section 1118 (20 U.S.C. 6318) is amended to read as follows:

1118.

Parent and family engagement

(a)

Local educational agency parent and family engagement assessment and plan

(1)

In general

In order to increase student academic achievement and improve child development, a local educational agency may receive funds under this part only if such agency develops and implements a strategic, evidence-based plan to support meaningful engagement of parents and family members in education (referred to in this section as the parent and family engagement plan). Such plan shall be—

(A)

based on a needs assessment of parents and family members, school instructional and leadership personnel, and community leaders, conducted to inform the development of the plan; and

(B)

be developed and implemented through meaningful consultation with—

(i)

parents and family members of participating children;

(ii)

youth who have graduated from schools that are part of the local educational agency;

(iii)

as applicable, employers, business leaders, and philanthropic organizations;

(iv)

other members of the community who are committed to increasing student academic achievement and improving child development;

(v)

to the greatest extent practicable, individuals with expertise in effectively engaging parents and family members in education; and

(vi)

organizations that have a demonstrated record of effectiveness in assisting students in becoming college and career ready, as determined in accordance with the State academic content standards under section 1111(a)(1).

(2)

Annual survey

A local educational agency described in paragraph (1) shall, on an annual basis, conduct a survey, through electronic means to the extent practicable, including delivery through mobile devices, of all parents, family members, and all school instructional and leadership personnel, to—

(A)

determine the needs of parents and family members, in order to assist with the learning of their children and engage with school personnel, including all teachers of their children;

(B)

identify strategies to support school-family interactions, including identifying and addressing the barriers to effective parental involvement in a manner responsive to the cultural and language needs of such parents;

(C)

determine the level of parent and family engagement in each respondent’s respective school and the level of engagement of school leaders with parent and family members;

(D)

identify perceived and actual barriers to the activities described in subparagraph (A); and

(E)

determine the perceptions about the school's conditions for learning.

(3)

Parent and family engagement plan

(A)

Development

Based on the results of the survey described in paragraph (2), each local educational agency receiving funds under this part shall develop and implement an annual parent and family engagement plan jointly with the parents and family members of participating children and, where applicable, with a parent advisory committee that represents the entire school district. Such plan shall—

(i)

be designed to foster the engagement of parents and other family members and school instructional and leadership personnel;

(ii)

be designed to integrate such engagement into the practice of all the local educational agency's schools that are served under this part;

(iii)

establish parent engagement goals for the local educational agency and such schools; and

(iv)

establish annual quantifiable performance benchmarks for such goals, which shall require continual progress toward the achievement of such goals.

(B)

Additional elements

The parent and family engagement plan shall—

(i)

establish the school’s expectations for, and commitment to support, meaningful, evidence-based, parent and family engagement strategies;

(ii)

describe the process through which the school will equip parents and family members, with particular attention to economically disadvantaged parents and family members, to—

(I)

act in partnership with local educational agency and school personnel to improve the academic achievement and development of their children; and

(II)

participate in school improvement strategies;

(iii)

describe how the local educational agency will provide the coordination, technical assistance, and other support and conditions necessary to assist participating schools in planning and implementing effective parent and family engagement strategies, such as—

(I)

making facilities of the local educational agency available, as appropriate;

(II)

making compensatory time available for educators to conduct home visits;

(III)

establishing co-location with public assistance programs;

(IV)

encouraging the implementation of community school models and related activities; and

(V)

utilizing the expertise of, and developing strategies with, organizations that have a demonstrated track record of success in supporting parent and family engagement;

(iv)

provide for not less than 1 school-wide meeting during each academic year, at a convenient time, to which parents and family members of participating children shall be invited and encouraged to attend, in order to—

(I)

review the parent and family engagement plan;

(II)

inform parents and family members of opportunities for engagement in their child's education; and

(III)

explain to parents and family members the right of the parents and family members to be involved, and the benefits of meaningful engagement;

(v)

provide parents with an opportunity to develop the knowledge and skills to engage in full partnerships with school instructional and leadership staff of the school in the education of their children;

(vi)

provide for professional development and other evidence-based support to school instructional and leadership personnel regarding effective parent and family engagement;

(vii)

to the extent feasible and appropriate, coordinate and integrate parent and family engagement programs and strategies with other Federal, State, and local programs;

(viii)

provide information to school personnel, students, and parents about the school's use of positive behavioral interventions and supports, school-based mental health programs, and the expectations of school personnel, students, and parents in supporting a safe learning environment for all students; and

(ix)

describe how the local educational agency will coordinate with parent and family information and resource centers established under part H of title IV.

(b)

Annual review of performance benchmarks

Each year, each local educational agency described in subsection (a), each school served under this part, and the parent advisory board established under subsection (g) shall collaboratively review the benchmarks for each of the goals established under subsection (a)(3)(A). Based on the review—

(1)

if a local educational agency has met or made continual progress toward meeting, its annual benchmarks in such year, the local educational agency will continue to implement the parent and family engagement plan;

(2)

if the local educational agency has not met or made continual progress toward meeting its annual benchmarks in such year, the local educational agency and parent advisory board shall jointly determine the cause after taking into the account the results of the end-of-the-year survey described in subsection (c); and

(3)

the local educational agency shall publicly report on whether the agency has met or made continual progress toward meeting such benchmarks, and the degree to which the benchmarks were met.

(c)

End-of-the-year survey

As part of the review described in subsection (b), a local educational agency shall conduct an end-of-the-year survey of parents and school instructional and leadership personnel, including parents and personnel who participated in the survey described in subsection (a)(2), to determine whether the needs of parents and personnel were met through the implementation of the plan.

(d)

Revision of plan

The local educational agency and the parent advisory board established under subsection (g) shall address the causes described in subsection (b)(2) and the results of the survey in subsection (c) in the development or revision of the parent and family engagement plan.

(e)

Reservation and use of funds

(1)

In general

Each local educational agency shall reserve not less than 2 percent of such agency's allocation under subpart 2 to assist schools in carrying out the activities described in this section, subject to paragraph (2).

(2)

Exception

The reservation requirement under paragraph (1) shall not apply if 1 percent of the local educational agency's allocation under subpart 2 for the fiscal year for which the determination is made is equal to or less than $5,000.

(3)

Distribution of funds

(A)

In general

A local educational agency shall—

(i)

distribute not less than 75 percent of funds reserved under paragraph (1) to schools served under this part; and

(ii)

use not more than 20 percent of such funds for parent and family engagement activities at the local educational agency level.

(B)

Priority

In allocating the funds described in subparagraph (A), each local educational agency shall give priority to high-need schools.

(4)

Use of funds

Funds reserved under paragraph (1) may be used to carry out activities and strategies consistent with the parent and family engagement plan described in subsection (a), including not less than 1 of the following:

(A)

Designating or establishing a dedicated office or dedicated personnel for parent and family engagement.

(B)

Providing professional development for local educational agency and school personnel regarding parent and family engagement strategies, which may be provided jointly to teachers, school leaders, early childhood educators, and parents and family members.

(C)

Providing adult education and literacy activities, as defined in section 203 of the Adult Education and Family Literacy Act.

(D)

Supporting home visitation programs.

(E)

Engaging in other evidence-based or promising strategies for improving and increasing parent and family engagement, which may include family and student supports, as defined in section 4703.

(F)

Disseminating information on best practices (such as implementation, replication, impact studies, and evaluations) focused on parent and family engagement, especially best practices for increasing the engagement of economically disadvantaged parents and family members.

(G)

Contracting with experienced parent organizations to assist with training and other activities under this section.

(H)

Collaborating, or providing subgrants to schools to enable the schools to collaborate, with community-based organizations, or employers, with a demonstrated track record of success in improving and increasing student academic achievement and parent and family engagement to—

(i)

enhance student achievement and development through greater engagement with children, such as experiential learning opportunities and internships;

(ii)

increase opportunities for such organizations and employers to support family engagement activities, including by offering family engagement training and supporting adult education and family literacy programs; and

(iii)

expand the role of the school as a community resource, such as by using facilities for community events, meetings, career or health fairs, or adult education and family literacy activities.

(f)

Accessibility

In carrying out the parent and family engagement requirements of this part, local educational agencies and schools, to the greatest extent practicable, shall provide opportunities for the full and informed participation of parents and family members (including parents and family members with disabilities), including providing information and school reports in a format and, to the greatest extent practicable, in a language such parents can understand.

(g)

Parent advisory board

Each local educational agency described in subsection (a) shall establish a parent advisory board for the purposes of developing, revising, and reviewing the parent and family engagement plan. Such board shall—

(1)

consist of a sufficient number of parents of children attending the local educational agency's schools served under this part to adequately represent the interests and needs of parents at the local educational agency;

(2)

meet multiple times throughout the school year; and

(3)

be representative of the population served by the local educational agency.

.

1119.

Technical correction regarding complaint process for section 1119

Section 1119(c)(2) (20 U.S.C. 6320(c)(2)), as redesignated by section 1117(3), is amended by striking 9505 and inserting 9503.

1120.

Comparability of services

Section 1120 (20 U.S.C. 6321), as redesignated by section 1117(3), is amended—

(1)

in subsection (a), by striking “involved”; and

(2)

by striking subsection (c) and inserting the following:

(c)

Comparability

(1)

In General

(A)

Comparability

Beginning for the 2015–2016 school year, a local educational agency may receive funds under this part only if the local educational agency demonstrates to the State educational agency that the combined State and local per-pupil expenditures (including actual personnel and actual non-personnel expenditures) in each school served under this part, in the most recent year for which such data were available, are not less than the average combined State and local per-pupil expenditures for those schools that are not served under this part.

(B)

Alternative comparability

If the local educational agency is serving all of the schools under its jurisdiction under this part, the agency shall demonstrate to the State educational agency that the average combined State and local per-pupil expenditures (including actual personnel and actual non-personnel expenditures) for its high-poverty schools, in the most recent year for which such data are available, were not less than the average combined State and local per-pupil expenditures for its low-poverty schools.

(C)

Basis

A local educational agency may meet the requirements of subparagraphs (A) and (B) on a local educational agency-wide basis or a grade-span by grade-span basis.

(D)

Exclusion of funds

(i)

In general

For the purpose of complying with this paragraph, a local educational agency shall exclude any State or local funds expended in any school for—

(I)

excess costs of providing services to English learners;

(II)

excess costs of providing services to children with disabilities;

(III)

capital expenditures; and

(IV)

such other expenditures as the Secretary determines appropriate.

(ii)

Changes after the beginning of the school year

A local educational agency need not include unpredictable changes in student enrollment or personnel assignments that occur after the beginning of a school year in determining compliance under this subsection.

(2)

Documentation

A local educational agency shall demonstrate that it is meeting the requirements of paragraph (1) by submitting to the State educational agency the per-pupil expenditures, personnel expenditures, non-personnel expenditures, and total expenditures for each school served by the local educational agency.

(3)

Inapplicability

This subsection shall not apply to a local educational agency that does not have more than 1 building for each grade span.

(4)

Process and procedures

(A)

Local educational agency responsibilities

Each local educational agency assisted under this part shall, by October 31, 2016, report to the State educational agency on its compliance with the requirements of this subsection for the preceding school year, including a listing, by school, of actual combined per-pupil State and local personnel and non-personnel expenditures.

(B)

State educational agency responsibilities

Each State educational agency assisted under this part shall ensure that such information is made publicly available by the State or the local educational agency, including the school by school listing described in subparagraph (A).

(C)

Plan

A local educational agency that does not meet the requirements of this subsection in any year shall develop and implement a plan to ensure compliance for the subsequent school year and may be required by the State educational agency to report on its progress in implementing such plan.

(5)

Transition provisions

(A)

School years preceding the 2015–2016 school year

For school years preceding the 2015–2016 school year, a local educational agency may receive funds under this part only if the local educational agency demonstrates to the State educational agency that the local educational agency meets the requirements of this subsection, as in effect on the day before the date of enactment of the Strengthening America's Schools Act of 2013.

(B)

Transition between requirements

The Secretary shall take such steps as are necessary to provide for the orderly transition between the requirements under this section, as in effect on the day before the date of enactment of the Strengthening America's Schools Act of 2013, and the new requirements under this section, as amended by such Act.

(6)

Rule of construction

Nothing in this subsection shall be construed to require a local educational agency to transfer school personnel in order to comply with this subsection.

(7)

Comparable requirements

In the case of a State, State educational agency, or local educational agency that has, before the date of enactment of the Strengthening America's Schools Act of 2013, enacted requirements relating to the comparability of educational expenditures that differ from the requirements of this subsection, the Secretary shall allow the local educational agency to demonstrate comparability of educational expenditures for purposes of this subsection through the enacted requirements if the Secretary determines that the enacted requirements provide the same, or a higher, standard of comparability for schools served under this part as required by this subsection.

.

1121.

Coordination requirements

Section 1120A (20 U.S.C. 6322), as redesignated by section 1117(3), is amended to read as follows:

1120A.

Coordination requirements

(a)

In general

Each local educational agency receiving assistance under this part shall carry out the activities described in subsection (b) with Head Start agencies (consistent with section 642(e)(5) of the Head Start Act (42 U.S.C. 9801(e)(5)), providers of services under part C of the Individuals with Disabilities Education Act, programs carried out under section 619 of such Act, and, if feasible, other entities carrying out high-quality early childhood education programs and services.

(b)

Activities

The activities and services referred to in subsection (a) include—

(1)

developing and implementing a systematic procedure for transferring, with parental consent, early childhood program records for each participating child to the school in which such child will enroll;

(2)

establishing ongoing communication between early childhood program staff and their counterparts in the schools (including teachers, principals, social workers, local educational agency liaisons designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act, and health staff) to facilitate the coordination and alignment of programs;

(3)

establishing ongoing communications between the early childhood program and the local educational agency for developing continuity of developmentally appropriate instructional programs and shared expectations for children’s learning and development as children transition to school;

(4)

organizing and participating in joint training, including transition-related training for school staff and early childhood programs;

(5)

establishing comprehensive transition policies and procedures that support the school readiness of children transitioning to school;

(6)

conducting outreach to parents, families, and elementary school teachers to discuss the educational, developmental, and other needs of children entering school;

(7)

helping parents of children who are English learners understand—

(A)

the instructional and other services provided by the school in which such child will enroll after participation in a Head Start program or other Federal early childhood care and education program; and

(B)

as appropriate, the information provided to parents of English learners under section 3202;

(8)

helping parents understand the instructional and other services provided by the school in which their child will enroll after participation in a Head Start program or other Federal early childhood care and education program; and

(9)

developing and implementing a system to increase program participation of underserved populations of eligible children, especially children eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), parents of children who are English learners, and parents of children with disabilities.

.

1122.

Grants for the outlying areas and the Secretary of the Interior

Section 1121 (20 U.S.C. 6331) is amended—

(1)

in subsection (a), by striking section 1002(a) and 1125A(f) and inserting paragraphs (1) and (3) of section 3(a);

(2)

in subsection (b)(3)—

(A)

in subparagraph (A), by striking and freely associated States; and

(B)

in subparagraph (C)(ii), by striking challenging State academic content standards and inserting college and career ready State academic content standards under section 1111(a)(1); and

(3)

by striking subsection (c) and inserting the following:

(c)

Definition of outlying area

As used in subsections (a) and (b), the term outlying area has the meaning given that term in subparagraphs (A) and (B) of section 9101(42).

.

1123.

Allocations to States

Section 1122(a) (20 U.S.C. 6332(a)) is amended by striking section 1002(a) to carry out this part for each of fiscal years 2002–2007 and inserting section 3(a)(1) to carry out this part for each of fiscal years 2014 through 2019.

1124.

Education finance incentive grant program

Section 1125A (20 U.S.C. 6337) is amended—

(1)

in subsection (a), by striking subsection (f) and inserting section 3(a)(3),;

(2)

in subsection (b)(1)(A), by striking subsection (f) and inserting section 3(a)(3);

(3)

by striking subsection (f); and

(4)

by redesignating subsection (g) as subsection (f).

1125.

Blue ribbon schools; centers for excellence in early childhood

Part A of title I (20 U.S.C. 6301 et seq.) is amended by adding at the end the following:

3

Blue ribbon schools; centers for excellence in early childhood

1131.

Blue ribbon schools

(a)

Program purpose

It is the purpose of this section to assist States and local educational agencies in identifying and rewarding high-performing public schools.

(b)

Blue ribbon schools

(1)

Identification of blue ribbon schools

Each State receiving a grant under subpart 2 may—

(A)

define the category of blue ribbon schools, consistent with paragraph (2), for the State as part of its State plan in section 1111(b); and

(B)

identify, for each school year, the schools in the State that are blue ribbon schools for such year.

(2)

Blue ribbon school criteria

(A)

In general

If a State elects to carry out this subsection, the State’s blue ribbon schools shall consist of the highest 5 percent of the State's public elementary schools and secondary schools, as designated by the State based on—

(i)

the percentage of proficient or advanced students, as determined under section 1111(a)(3)(B)(ii), in English or language arts, and mathematics;

(ii)

in the case of high schools, the school’s graduation rates;

(iii)

the performance of each category of students described in section 1111(a)(3)(D);

(iv)

the percentage of students who are meeting or exceeding the State student academic achievement standards or are achieving sufficient academic growth as described in section 1111(a)(3)(B)(iii); and

(v)

school gains.

(B)

Noneligibility for blue ribbon status

A school identified under subsection (c) or (d) of section 1116 for a year shall not be eligible for blue ribbon school status for the same year.

(c)

Rewards

(1)

In general

Each State that defines and identifies blue ribbon schools under subsection (b)(1) for a school year may—

(A)

provide each blue ribbon school in the State with increased autonomy over the school’s budget, staffing, and time;

(B)

allow each blue ribbon school to have flexibility in the use of any funds provided to the school under this Act for any purpose allowed under this Act (notwithstanding any other provision of this Act), as long as such use is consistent with the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (42 U.S.C. 12101), and part B of the Individuals with Disabilities Education Act; and

(C)

reserve not more than .5 percent of the funds allotted to the State under subpart 2 and use such reserved amounts to distribute rewards, on a competitive basis, to local educational agencies that serve 1 or more blue ribbon schools identified under subsection (b) that receive funds under subpart 2 to enable the local educational agencies to provide awards to such blue ribbon schools that receive funds under such subpart.

(2)

Use of rewards

As a condition of receiving an award from a local educational agency under this subsection, a blue ribbon school shall agree to use the award funds to—

(A)

improve student achievement; and

(B)

provide technical assistance to the lowest-achieving schools in the closest geographic region of the State to the blue ribbon school, in accordance with the State plan under section 1111(b)(1)(F).

1132.

Centers of excellence in early childhood

(a)

Definition of eligible early childhood education program

In this section, the term eligible early childhood education program means an early childhood education program, as defined in section 103 of the Higher Education Act of 1965, that—

(1)

serves young children from households that would be eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);

(2)

is nominated, by the Governor of the State in which the program is located and through a competitive selection process, to be a center of excellence in early childhood under this section.

(b)

Program authorized

(1)

In general

The Secretary of Education, acting jointly with the Secretary of Health and Human Services as provided in paragraph (2), shall, subject to the availability of funds under section 3(b)(4), establish a program under which the Secretary shall—

(A)

designate exemplary eligible early childhood education programs as centers of excellence in early childhood for the purposes of sharing best practices among early childhood education programs and to support or recognize the centers of excellence to improve the quality of care in programs in their local region; and

(B)

award bonus grants to each center of excellence in early childhood, to enable the center to carry out the activities described in subsection (e).

(2)

Federal administration

(A)

In general

With respect to this section, the Secretary shall bear responsibility for obligating and disbursing funds and ensuring compliance with applicable laws and administrative requirements, subject to subparagraph (B).

(B)

Interagency agreement

The Secretary of Education and the Secretary of Health and Human Services shall jointly administer activities supported under this subsection on such terms as such secretaries shall set forth in an interagency agreement.

(c)

Application

(1)

In general

In order to be eligible to be designated as a center of excellence in early childhood under subsection (b), an eligible early childhood education program shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(2)

Contents

At a minimum, the application shall include—

(A)

evidence that the eligible early childhood education program has significantly improved the school readiness, as determined by the Secretaries, of young children who have participated in the program;

(B)

evidence that the eligible early childhood education program demonstrates improved child outcomes across all the essential domains of school readiness;

(C)

evidence that the eligible early childhood education program has high staff qualifications that are designed to promote the social, emotional, physical, and cognitive development of children;

(D)

an assurance that the eligible early childhood education program will develop a collaborative partnership with other providers of early childhood education in the local community involved to conduct activities under subsection (e);

(E)

a nomination letter, from the Governor of the State in which the eligible early childhood education program is located, demonstrating the eligible early childhood education program's ability to—

(i)

provide the coordination, transition, and training services of the activities proposed to be carried out under the bonus grant, including the coordination of such activities with State and local agencies that provide early childhood education and development to young children and families in the community served by the eligible early childhood education program; and

(ii)

carry out the activities described in subsection (e)(1); and

(F)

a description of how the early childhood program, in order to expand accessibility and continuity of quality early childhood education and development services and programs, will coordinate activities under subsection (e) with—

(i)

programs serving children assisted under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.);

(ii)

the temporary assistance for needy families program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);

(iii)

the block grants to State for social services program funded under subtitle A of title XX of the Social Security Act (42 U.S.C. 1397 et seq.);

(iv)

child care programs supported directly through the Community Services Block Grant;

(v)

the Head Start and Early Head Start programs carried out under Head Start Act;

(vi)

programs supported by grants under part I of title IV;

(vii)

other preschool programs supported under this title;

(viii)

programs carried out under section 619 and part C of the Individuals with Disabilities Education Act;

(ix)

State prekindergarten programs;

(x)

programs that support parent and family engagement, including programs funded under section 1118 or, if applicable, grantees supported through parent and family information and resource center grants under part H of title IV; and

(xi)

other programs of early childhood education and development; and

(G)

a description of how the early childhood education program, if selected as a center for excellence in early childhood, will work with the local educational agency of the area in which the program is located, to—

(i)

provide for effective transitions between the program and elementary schools; and

(ii)

to facilitate ongoing communication between the program and elementary school teachers concerning young children participating in the program to improve the teachers' ability to work effectively with low-income, at-risk young children and their families.

(d)

Designation and bonus grants

(1)

In general

For each 5-year term described in paragraph (2), the Secretary shall—

(A)

select and designate, as centers of excellence in early childhood, not less than 1 early childhood education program from each of the several States of the United States, the District of Columbia, Commonwealth of Puerto Rico, and each of the outlying areas from which the Secretary has received applications; and

(B)

award each center of excellence in early childhood a bonus grant for the 5-year term, subject to paragraph (2)(B).

(2)

Term of designation

(A)

In general

Subject to subparagraph (B), the Secretary shall designate each early childhood education program as a center of excellence in early childhood under paragraph (1) for a 5-year term. During the period of that designation, the program shall receive a bonus grant under subsection (b).

(B)

Revocation

The Secretary may revoke a program’s grant and designation under subparagraph (A) if the Secretary determines that the program has not made substantial progress in meeting the goals and objectives of the grant.

(3)

Bonus grant amount

(A)

Minimum amount of bonus grant

Subject to the availability of appropriations, each bonus grant awarded under this subsection shall be in an amount of not less than $200,000 per year.

(B)

Priority for increased bonus grant funding

In determining the amount of the bonus grant for a center of excellence in early childhood under this section, and subject to the requirements of subparagraph (A), the Secretary—

(i)

shall give priority to centers that, through their applications, demonstrate that their programs are of exceptional quality and would serve as exemplary models for programs in the same geographic region; and

(ii)

may give consideration to—

(I)

the populations served by the centers, such as centers that serve large proportions of young children who are English learners, children who are infants or toddlers with disabilities, as defined in 632 of the Individuals with Disabilities Education Act, children with disabilities who are eligible for services under section 619 of such Act, homeless children, foster children, or children who receive child protective services, or young children of other underserved populations; and

(II)

centers that do an exceptional job meeting the needs of young children in such populations.

(e)

Use of bonus grant funds

A center of excellence in early childhood that receives a bonus grant under this subsection shall—

(1)

use not less than 15 percent of the funds made available through the grant to disseminate to other early childhood education programs in the State involved (including to early childhood education programs who serve young children who live on tribal lands or come from families who engage in seasonal or migrant work), best practices for achieving early academic success, including—

(A)

best practices for achieving school readiness, including developing early literacy and mathematics skills;

(B)

best practices for achieving the acquisition of the English language for English learners, if appropriate to the population served;

(C)

best practices for providing high-quality comprehensive services, if applicable, for participating young children and their families; and

(D)

best practices for facilitating the social and emotional development of children and young children; and

(2)

use the remainder of such funds for not less than 2 of the following activities:

(A)

In the case of a center of excellence that is a Head Start program, providing Head Start services to additional eligible young children.

(B)

Extending the services of the center of excellence to provide full-day, full-week, or full-year care to young children served by the program, if appropriate to better meet the needs of working families in the community served by the center.

(C)

Further coordinating early childhood education programs and services and social services available in the community served by the center for at-risk young children, their families, and pregnant women.

(D)

Providing professional development for program instructional and support staff, including joint training for with child care providers, public preschool and elementary school teachers and school leaders, and other providers of early childhood education and development programs.

(E)

Developing or maintaining partnerships with institutions of higher education and nonprofit organizations, including community-based organizations, that recruit, train, place, and support postsecondary education students to serve as mentors and reading partners to preschool children in centers that serve such children.

(F)

Carrying out other activities determined by the center to improve the overall quality of the center's early childhood education program and for which there is evidence that the activities will lead to improved safety, development, well-being, or school readiness of the young children served by the program.

(G)

Sharing best practices concerning the transition of children into elementary school.

(f)

Reports to the Secretary

Each center of excellence in early childhood that receives bonus grant funds under this section shall submit an annual report to the Secretary, at such time and in such manner as the Secretary may require, that contains a description of the activities the center carried out with funds received under this section, including a description of how such funds improved services for young children and families.

(g)

Research and technical assistance

From the funds made available to carry out this section, the Secretary may reserve not more than 1 percent of such funds to carry out the following activities:

(1)

Supporting a research collaborative among the Institute of Education Sciences, the National Institute of Child Health and Human Development, the Office of Planning, Research, and Evaluation within the Administration for Children and Families of the Department of Health and Human Services, and, as appropriate, other Federal entities, to support research on early learning that can inform improved State and other standards and licensing requirements and improved outcomes for young children, which collaborative shall—

(A)

biennially prepare and publish for public comment a detailed research plan;

(B)

support early learning research activities that could include determining—

(i)

the characteristics of early learning programs that produce positive developmental outcomes for young children;

(ii)

the effects of program quality standards on child outcomes;

(iii)

the relationships between specific interventions and types of child and family outcomes;

(iv)

the effectiveness of early learning provider training in raising program quality and improving child outcomes;

(v)

the effectiveness of professional development strategies in raising program quality and improving child outcomes; and

(vi)

how to improve the school readiness outcomes of young children who are English learners, children with special needs, and homeless children, including evaluation of professional development programs for working with such children; and

(C)

disseminate relevant research findings and best practices.

(2)

Evaluating barriers to improving the quality of early learning programs serving low-income young children, including evaluating barriers to successful interagency collaboration and coordination, by conducting a review of the statewide strategic reports developed by State Advisory Councils on Early Childhood Education and Care and other relevant reports, reporting the findings of such review to Congress, and disseminating relevant research findings and best practices.

1133.

Green ribbon schools

The Secretary is authorized to identify and recognize exemplary schools, programs, and individuals. Such recognitions may include—

(1)

a Green Ribbon Schools program, such as the Green Ribbons School program carried out by the Secretary under section 5411(b)(5) as of the day before the date of enactment of the Strengthening America's Schools Act of 2013, that recognizes excellence in reducing environmental impact, increasing health and wellness, and providing sustainability education; and

(2)

an award program recognizing excellence exhibited by classified school employees in the public school system.

.

1126.

Grants for State assessments and related activities

Part A of title I (20 U.S.C. 6301 et seq.), as amended by section 1125, is further amended by adding at the end the following:

4

Grants for State assessments and related activities

1141.

Grants for State assessments and related activities

(a)

Grants for State assessments

From amounts made available under subsection (c)(1) to carry out this subsection, the Secretary shall make grants to States—

(1)

to enable States to pay the costs of developing, improving, or administering State assessments and standards consistent with section 1111(a), which may include the cost of working in voluntary partnerships with other States, at the sole discretion of each such State; and

(2)

in the case of States that have developed the assessments and standards consistent with the requirements of section 1111(a), to enable each such State—

(A)

to administer such assessments; or

(B)

to carry out other activities described in this section, which may include—

(i)

developing college and career ready State academic content and student academic achievement standards and aligned assessments in academic subjects for which standards and assessments are not required under section 1111(a);

(ii)

developing or improving assessments of English language proficiency necessary to comply with section 1111(a)(2)(D);

(iii)

developing multiple measures of student academic achievement, including measures that assess higher-order thinking skills and understanding, and elicit complex student demonstrations or applications of knowledge and skills to increase the reliability and validity of State assessment systems;

(iv)

developing, enhancing, or administering, in publicly funded early childhood education programs and elementary schools, early learning assessments (including accommodations to provide access for young children with disabilities) to improve instruction for young children;

(v)

strengthening the capacity of local educational agencies and schools to provide all students with the opportunity to increase educational achievement, including carrying out professional development activities aligned with State student academic achievement standards and assessments;

(vi)

expanding the range, and improving the quality, of accommodations available to English learners and students with disabilities to improve the use of such accommodations, including professional development activities;

(vii)

improving the dissemination of information about student achievement and school performance to parents and families, including the development of information and reporting systems designed to—

(I)

identify best educational practices based on scientifically valid research; or

(II)

assist in linking records of student achievement, length of enrollment, and graduation over time;

(viii)

providing instructional supports, which may include formative assessments;

(ix)

developing computer adaptive assessments that meet the requirements of section 1111(a);

(x)

developing alternate assessments, as described in section 1111(a)(2)(E), aligned to alternate achievement standards; and

(xi)

providing professional development to local educational agency staff to transition between assessment systems, including technology for that purpose.

(b)

Grants for enhanced assessment systems

(1)

Grant program authorized

From amounts made available under subsection (c)(2) to carry out this subsection, the Secretary shall award, on a competitive basis, grants to State educational agencies to enable the State educational agencies to carry out the activities described in paragraph (3).

(2)

Application

Each State educational agency desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require.

(3)

Authorized activities

Each State educational agency that receives a grant under this section shall use the grant funds to—

(A)

enable States, or a consortia of States, to collaborate with institutions of higher education or other organizations or agencies to improve the quality, validity, and reliability of State academic assessments beyond the requirements for such assessments described in section 1111(a)(2);

(B)

measure student academic achievement using multiple measures of student academic achievement from multiple sources, including measures that assess higher-order thinking skills and understanding;

(C)

chart student progress over time; or

(D)

evaluate student academic achievement through the development of comprehensive academic assessment instruments.

(c)

Allotment of appropriated funds

(1)

In general

Except as provided in paragraph (2), for each fiscal year, the Secretary shall use the amount of funds made available for this section for such year or $400,000,000 of such funds, whichever is less, to—

(A)

reserve one-half of 1 percent for the Bureau of Indian Education;

(B)

reserve one-half of 1 percent for the outlying areas; and

(C)

from the amounts remaining after the application of subparagraphs (A) and (B), allocate to each State, for the purposes of carrying out the activities under subsection (a), an amount equal to—

(i)

$3,000,000; and

(ii)

with respect to any amounts remaining after the allocation is made under clause (i), an amount that bears the same relationship to such total remaining amounts as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.

(2)

Special rule for fiscal year 2014

For fiscal year 2014, the Secretary shall use not less than $800,000,000 or, if a lesser amount is made available for this section for such year, such entire lesser amount, to carry out the requirements of paragraph (1).

(3)

Remainder

Any amounts remaining for a fiscal year after the Secretary carries out paragraph (1) shall be made available to award funds under subsection (b) to States according to the quality, needs, and scope of the State application under this section. In determining the grant amount, the Secretary shall ensure that a State's grant shall include an amount that bears the same relationship to the total funds available under this paragraph for the fiscal year as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.

(4)

Definition of State

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

.

B

Pathways to college

1201.

Improving secondary schools

Part B of title I (20 U.S.C. 6361 et seq.) is amended to read as follows:

B

Pathways to college

1

Improving secondary schools

1201.

Secondary school reform

(a)

Purposes

The purposes of this section are to ensure students graduate from secondary school college and career ready and to increase graduation rates by providing grants to eligible entities to provide schools with the necessary resources to implement innovative and effective secondary school reform strategies.

(b)

Definitions

In this section:

(1)

Applied learning

The term applied learning means a strategy that—

(A)

engages students in opportunities to apply rigorous academic content aligned with college-level expectations to real world experience, through such means as work experience, work-based learning, problem-based learning, or service-learning; and

(B)

develops students’ cognitive competencies and pertinent employability skills.

(2)

Chronic absenteeism

The term chronic absenteeism means a student misses—

(A)

10 percent of the school days per school year; or

(B)

not less than 20 school days per school year.

(3)

Competency-based learning model

The term competency-based learning model means an education model in which educators use explicit measurable learning objectives to assist students to advance upon mastery of objectives as determined through relevant assessments.

(4)

Effective secondary school reform strategies

The term effective secondary school reform strategies means a set of programs, interventions, and activities with demonstrated effectiveness in improving the academic achievement of struggling students or dropouts.

(5)

Eligible entity

The term eligible entity means a high-need local educational agency, or a consortia of such local educational agencies, in partnership with—

(A)

1 or more institutions of higher education;

(B)

1 or more employers or industry-related organizations; and

(C)

1 or more external partners or qualified intermediaries.

(6)

Eligible secondary school

The term eligible secondary school means a high school that—

(A)

is eligible for funds under part A;

(B)

has a graduation rate below 75 percent;

(C)

does not receive grant funds under section 1116(d); and

(D)

is identified as low performing based on the State’s accountability system.

(7)

External partner

The term external partner means a public or private nonprofit organization or a nonprofit charter management organization, with a demonstrated record of successful secondary school reform.

(8)

Feeder middle school

The term feeder middle school means an elementary school or secondary school from which a majority of students go on to attend an eligible secondary school.

(9)

Qualified intermediary

The term qualified intermediary means an entity that has demonstrated expertise to build and sustain partnerships with entities such as employers, schools, community-based organizations, postsecondary educational institutions, social service agencies, economic development organizations, and workforce investment systems, to broker services, resources, and supports for youth and the organizations and systems designed to serve them.

(10)

Struggling student

The term struggling student means a student who—

(A)

is at an increased risk for low academic achievement and is unlikely to graduate secondary school within 4 years; or

(B)

a student who has dropped out of school.

(c)

Grants authorized

(1)

In general

(A)

Reservation

From the total amount of funds appropriated to carry out this section for a fiscal year, the Secretary shall reserve—

(i)

not more than 2.5 percent for national activities, which the Secretary shall use for technical assistance, data collection and dissemination, and evaluation and reporting activities; and

(ii)

not less than one half of 1 percent for the Bureau of Indian Education for activities consistent with the purposes of this section.

(B)

Grants

From the total amount of funds appropriated to carry out this section for a fiscal year and not reserved under subparagraph (A), the Secretary shall award grants, on a competitive basis, to eligible entities, based on the quality of the applications submitted, of which—

(i)

not more than 25 percent of grant funds shall be used for activities described in subsection (e)(1); and

(ii)

not less than 75 percent of grant funds shall be used for activities described in paragraphs (2) and (3) of subsection (e) and subsection (f).

(2)

Grant duration

Grants awarded under this section shall be for a period of 5 years, conditional after 3 years on satisfactory progress on the performance indicators described in subsection (d)(2)(G), as determined by the Secretary.

(3)

Grant considerations

In awarding grants under this section, the Secretary shall give special consideration to applications from eligible entities—

(A)

serving high-need areas, such as high-poverty or rural local educational agencies; or

(B)

that demonstrate partnerships with employers to provide students at participating schools with career-related experience or assistance in attaining career-related credentials.

(4)

Annual report

Each eligible entity that receives a grant under this section shall submit to the Secretary an annual report including data on the entity’s progress on the performance indicators described in subsection (d)(2)(G).

(d)

Application

(1)

In general

An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.

(2)

Contents

Each application submitted under paragraph (1) shall include, at a minimum, a description of the following:

(A)

How the eligible entity will use funds awarded under this section to carry out the activities described in subsection (e)(1).

(B)

The role of each entity that comprises the eligible entity in meeting the purposes of this section, including the external partner’s capacity and record of success in secondary school reform.

(C)

How the eligible entity will sustain the activities proposed, including the availability of funds from non-Federal sources and coordination with other Federal, State, and local funds.

(D)

How the eligible entity conducted a comprehensive needs analysis and capacity assessment of the eligible secondary schools served by the eligible entity to identify secondary schools proposed to be served by the grant. The needs analysis and capacity assessment shall include the following:

(i)

An examination of each secondary school’s data in the aggregate, and disaggregated by each of the subgroups of students described in section 1111(a)(2)(B)(x), on the following:

(I)

Graduation rates and characteristics of those students who are not graduating, including such students’ attendance, behavior, expulsion rates, suspension rates, course performance, and credit accumulation rates.

(II)

Rates of dropout recovery (re-entry).

(III)

Rates of enrollment and remediation in institutions of higher education, in accordance with section 1111(d)(3)(B)(viii).

(IV)

The percentage of students who are 2 or more years over-aged or under-credited for their grade level.

(ii)

An examination of each eligible secondary school and feeder middle school’s data in the aggregate, and disaggregated by each of the subgroups of students described in section 1111(a)(2)(B)(x), as applicable, on the following:

(I)

Student academic achievement, including the percentage of students who have on-time credit accumulation at the end of each grade and the percentage of students failing a core, credit-bearing, reading or language arts, science, or mathematics course, or failing 2 or more of any courses.

(II)

The percentage of students who have an attendance rate lower than 90 percent.

(III)

Annual rates of expulsions, suspensions, school violence, harassment, and bullying, as defined under State or local laws or policies.

(IV)

Annual, average credit accumulation.

(V)

Annual, average attendance rates.

(VI)

Annual rates of students who move in and out of the school within a school year.

(VII)

Annual, average rates of enrollment in and completion of advanced coursework, including opportunities to earn postsecondary credit while in high school, such as Advanced Placement and International Baccalaureate courses and exams, dual enrollment, and early college.

(VIII)

Curriculum alignment with college and career ready standards across all grade levels.

(IX)

The non-academic barriers that impact student achievement and the available support services to address such barriers.

(X)

The number and percentage of students who do not transition from grade 8 to grade 9 and who have not transferred to and enrolled in a school outside of the local educational agency within the State or out of the State.

(iii)

An examination, including a description, of each eligible secondary school’s capacity to implement the school reform activities described under subsection (e)(3), including—

(I)

the capacity and experience levels of administrative, instructional, and noninstructional staff;

(II)

the budget, including how Federal, State, and local funds are being spent (as of the time of the assessment) and can be better spent; and

(III)

the technical assistance, additional resources, and staff necessary to implement the activities identified in subsection (e)(3).

(iv)

An assessment of the capacity of the eligible entity to provide technical assistance and resources to implement the activities described in subsection (e).

(E)

The rationale for the strategies chosen to be implemented under subsection (e), including how such strategies will address the needs identified through the needs analysis.

(F)

How the eligible entity will incorporate students with disabilities, English learners, and struggling students into the activities under subsection (e).

(G)

The performance indicators and targets the eligible entity will use to assess the effectiveness of the activities implemented under this section including—

(i)

graduation rates;

(ii)

dropout recovery (re-entry) rates;

(iii)

percentage of students with less than a 90 percent attendance rate;

(iv)

percentage of students who have on-time credit accumulation at the end of each grade and the percentage of students failing a core subject course;

(v)

rates of expulsions, suspensions, school violence, harassment, and bullying, as defined under State or local laws or policies;

(vi)

annual, average attendance rates;

(vii)

annual rates of student mobility;

(viii)

annual rates of student transfers;

(ix)

college remediation, enrollment, persistence, and completion rates; and

(x)

percentage of students successfully—

(I)

completing Advanced Placement or International Baccalaureate courses;

(II)

completing rigorous postsecondary education courses while attending a secondary school; or

(III)

enrolling in and completing, career and technical education, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302) or a program that leads to an apprenticeship registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).

(e)

Required uses of funds

(1)

In general

An eligible entity that receives a grant under this section shall use the grant funds to—

(A)

implement an early warning indicator system to help high schools and feeder middle schools, served by the eligible entity’s local educational agency, to identify struggling students and create a system of evidence-based interventions, by—

(i)

identifying and analyzing the academic and non-academic risk factors that most reliably predict dropouts by using longitudinal data of past cohorts of students;

(ii)

identifying specific indicators of student progress and performance, such as attendance and chronic absenteeism, academic performance in core courses, and credit accumulation, to guide decisionmaking;

(iii)

identifying or developing a mechanism for regularly collecting and analyzing data about the impact of interventions on the indicators of student progress and performance;

(iv)

analyzing academic indicators to determine whether students are making sufficient academic growth to graduate secondary school in the standard numbers of years; and

(v)

identifying and implementing strategies for pairing academic support with integrated student services and case-management interventions for students requiring intensive supports, which may include partnerships with other external partners;

(B)

provide support and credit recovery opportunities for struggling students, including those who are over-aged and under-credited, at secondary schools served by the eligible entity by offering activities, such as—

(i)

a flexible school schedule;

(ii)

competency-based learning models and performance-based assessments; and

(iii)

the provision of support services;

(C)

provide dropout recovery or re-entry programs to secondary schools that are designed to encourage and support dropouts returning to an educational system, program, or institution following an extended absence in order to graduate college and career ready;

(D)

provide evidence-based grade and school transition programs and supports, including through curricula alignment; and

(E)

provide school leaders, instructional staff, noninstructional staff, students, and families with high-quality, easily accessible and timely information about—

(i)

secondary school graduation requirements;

(ii)

postsecondary education application processes;

(iii)

postsecondary admissions processes and requirements, including public financial aid and other available private scholarship and grant aid opportunities; and

(iv)

other programs and services for increasing rates of college access and success for students from low-income families.

(2)

Required use of funds in feeder middle schools

An eligible entity that receives a grant under this section shall use the grant funds in feeder middle schools to improve the academic achievement of students and prepare students to graduate college and career ready by—

(A)

using early warning indicator and intervention systems described in paragraph (1)(A);

(B)

creating a personalized learning environment;

(C)

implementing a transition strategy to support the successful transition of students between grades, including encouraging collaboration among elementary, middle, and secondary school grades;

(D)

providing high-quality professional development opportunities to school leaders, teachers, and other school staff to prepare staff to—

(i)

address the academic challenges of students in middle grades;

(ii)

understand the developmental needs of students in the middle grades and how to address those needs in an educational setting;

(iii)

implement data-driven interventions; and

(iv)

provide academic guidance to students so that students can graduate on college and career ready; and

(E)

implementing organizational practices and school schedules that allow for collaborative staff participation, team teaching, and common instructional planning time.

(3)

Required use of funds in eligible secondary schools

An eligible entity that receives a grant under this section shall use the grant funds in eligible secondary schools to implement a comprehensive approach that will—

(A)

personalize the school experience by taking steps such as—

(i)

creating opportunities for struggling students to receive personalized instruction, including providing a personalized sequence of instructional content and skills development, and opportunities for credit recovery;

(ii)

implementing competency-based learning models; and

(iii)

providing ongoing evaluation of student academic achievement and the necessary supports so that students graduate college and career ready;

(B)

increase student engagement by providing applied learning opportunities;

(C)

provide school leaders with autonomy through a flexible budget and staffing authority;

(D)

implement high-quality, evidence-based professional development for teachers and school leaders, provide increased opportunities for teachers to work collaboratively, and improve instruction;

(E)

improve curriculum and instruction, by—

(i)

redesigning academic content and instructional practices to align with high academic standards for all students, the criteria associated with admission to and success in postsecondary education, and the skills necessary to be successful in the workplace;

(ii)

increasing rigor by providing opportunities to earn postsecondary credit while in high school, including through Advanced Placement or International Baccalaureate courses, dual enrollment, and early college; and

(iii)

implementing competency-based learning models;

(F)

strengthen the transition between high school and postsecondary education through activities such as—

(i)

providing academic and career counseling in student-to-counselor ratios that allow students to make informed decisions about academic and career options;

(ii)

provide high-quality college and career exploration opportunities including college campus visits;

(iii)

coordinating secondary and postsecondary support services, and academic calendars, to allow students to visit and take courses at institutions of higher education; and

(iv)

providing academic and support services, including financial aid counseling for postsecondary education; and

(G)

implement not less than 1 of the following effective secondary school reform strategies to prepare students for college and a career, and to improve graduation rates:

(i)

Graduation Promise Academies, which include—

(I)

9th grade academies taught by teams of teachers who work with small groups of students;

(II)

career academies for upper grades;

(III)

extended learning periods, such as block scheduling, to reduce the number of students for whom teachers are responsible and the number of courses students are taking at any one time;

(IV)

an after-hours credit recovery program;

(V)

curriculum coaches who provide high-quality professional development and support;

(VI)

partnerships among parents, teachers, administrators, community-based organizations, and community members focused on improving student achievement; and

(VII)

a college-going culture, including student supports and guidance.

(ii)

Career academies, which implement a college and career ready curriculum that integrates rigorous academics, career and technical education, and experiential learning for high school students in high-skill, high-demand industries, in collaboration with local and regional employers.

(iii)

Dual enrollment programs that provide dual enrollment opportunities with college credit-bearing courses, including accelerated certificate programs with community colleges or other recognized postsecondary credentials.

(iv)

Early college high schools that design curricula and sequences of courses in collaboration with teachers from the eligible secondary school and faculty from the partner institution of higher education so that students may simultaneously earn credits towards a high school diploma and either an associate degree or transferable postsecondary education credits toward a postsecondary degree at no cost to students or their families.

(f)

Allowable uses of funds

An eligible entity that receives a grant under this section may use grant funds to—

(1)

improve parent and family engagement in the educational attainment and achievement of struggling students and dropouts to be college and career ready by—

(A)

leveraging community-based services and opportunities; and

(B)

providing parents and families with the necessary information, including data on their child’s academic achievement and how to navigate the public school system;

(2)

provide extended learning opportunities, by extending the school day, week, or year to increase the total number of school hours to include additional time for instruction in academic subjects and enrichment activities that contribute to a well-rounded education;

(3)

increase student supports through activities such as student advisories, school counseling opportunities, and one-to-one mentoring; and

(4)

create smaller learning communities.

(g)

Matching funds

(1)

In general

An eligible entity that receives a grant under this section shall provide matching funds, from non-Federal sources, in an amount equal to not less than 20 percent of the amount of grant funds awarded in the first 3 years of the grant, not less than 50 percent of the amount awarded in the fourth year of the grant, and not less than 75 percent of the amount awarded in the fifth year of the grant, as applicable.

(2)

Waiver

The Secretary may waive all or part of the matching requirement described in paragraph (1) for a fiscal year for an eligible entity, on a case-by-case basis, if the Secretary determines that applying the matching requirement to such eligible entity would result in serious hardship or an inability to carry out the authorized activities described in subsection (e).

(h)

Supplement not supplant

An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant such funds.

2

Accelerated learning

1221.

Purposes

The purposes of this subpart are—

(1)

to raise student academic achievement by—

(A)

increasing the number of teachers serving high-need schools who are qualified to teach Advanced Placement or International Baccalaureate courses; and

(B)

increasing the number of students attending high-need schools who—

(i)

enroll and succeed in Advanced Placement or International Baccalaureate courses; and

(ii)

take Advanced Placement or International Baccalaureate examinations;

(2)

to increase, and to support statewide and, as applicable, districtwide, efforts to increase the availability of, and enrollment in, Advanced Placement or International Baccalaureate courses, and pre-Advanced Placement or pre-International Baccalaureate courses, in high-need schools; and

(3)

to provide high-quality professional development for teachers of Advanced Placement or International Baccalaureate courses, and pre-Advanced Placement or pre-International Baccalaureate courses, in high-need schools.

1222.

Funding distribution rule

From amounts appropriated to carry out this subpart for a fiscal year, the Secretary shall give priority to funding activities under section 1223 and shall distribute any remaining funds under section 1224.

1223.

Advanced Placement and International Baccalaureate examination fee program

(a)

Grants authorized

From amounts made available to carry out this subpart for a fiscal year, the Secretary shall award grants to State educational agencies having applications approved under this section to enable the State educational agencies to pay, on behalf of low-income students, part or all of the costs of Advanced Placement or International Baccalaureate examination fees, if the low-income students—

(1)

are enrolled in an Advanced Placement or International Baccalaureate course; and

(2)

plan to take an Advanced Placement or International Baccalaureate examination.

(b)

Award basis

In determining the amount of the grant awarded to a State educational agency under this section for a fiscal year, the Secretary shall consider the number of children eligible to be counted under section 1124(c) in the State in relation to the number of such children so counted in all States.

(c)

Information dissemination

A State educational agency that is awarded a grant under this section shall make publicly available information regarding the availability of Advanced Placement or International Baccalaureate examination fee payments under this section, and shall disseminate such information to eligible secondary school students and parents, including through secondary school teachers and counselors.

(d)

Applications

Each State educational agency desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. At a minimum, each State educational agency application shall—

(1)

describe the Advanced Placement or International Baccalaureate examination fees the State educational agency will pay on behalf of low-income students in the State from grant funds awarded under this section;

(2)

provide an assurance that any grant funds awarded under this section shall be used only to pay for Advanced Placement or International Baccalaureate examination fees; and

(3)

contain such information as the Secretary may require to demonstrate that the State educational agency will ensure that a student is eligible for payments authorized under this section, including ensuring that the student is a low-income student.

(e)

Regulations

The Secretary shall prescribe such regulations as are necessary to carry out this section.

(f)

Report

(1)

In general

Each State educational agency awarded a grant under this section shall, with respect to each Advanced Placement or International Baccalaureate course subject, annually report to the Secretary the following data for the preceding year:

(A)

The number of students in the State who are taking an Advanced Placement or International Baccalaureate course in such subject.

(B)

The number of Advanced Placement or International Baccalaureate examinations taken by students in the State who have taken an Advanced Placement or International Baccalaureate course in such subject.

(C)

The number of students in the State scoring at each level on Advanced Placement or International Baccalaureate examinations in such subject, disaggregated by each of the subgroups of students described in section 1111(a)(2)(B)(x).

(D)

Demographic information regarding students in the State taking Advanced Placement or International Baccalaureate courses and Advanced Placement or International Baccalaureate examinations in that subject, disaggregated by race, ethnicity, sex, English proficiency status, and socioeconomic status.

(2)

Report to congress

The Secretary shall annually compile the information received from each State educational agency under paragraph (1) and report to the authorizing committees regarding the information.

(g)

Bureau of Indian Affairs as State educational agency

For purposes of this section, the Bureau of Indian Affairs shall be treated as a State educational agency.

1224.

Advanced Placement and International Baccalaureate incentive program grants

(a)

Grants authorized

(1)

In general

From amounts made available to carry out this subpart for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to carry out the authorized activities described in subsection (e).

(2)

Duration, Renewal, and payments

(A)

Duration

The Secretary shall award a grant under this section for a period of not more than 3 years.

(B)

Renewal

The Secretary may renew a grant awarded under this section for an additional period of not more than 2 years, if an eligible entity—

(i)

is achieving the objectives of the grant; and

(ii)

has shown improvement against baseline data on the performance measures described in subparagraphs (A) through (E) of subsection (g)(1).

(C)

Payments

The Secretary shall make grant payments under this section on an annual basis.

(b)

Definition of eligible entity

In this section, the term eligible entity means—

(1)

a State educational agency;

(2)

a high-need local educational agency; or

(3)

a partnership consisting of—

(A)

a national, regional, or statewide public or nonprofit organization with expertise and experience in providing Advanced Placement or International Baccalaureate course services; and

(B)

a State educational agency or a high-need local educational agency.

(c)

Application

(1)

In general

Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require.

(2)

Contents

The application shall, at a minimum, include a description of—

(A)

the goals and objectives for the project supported by the grant under this section, including—

(i)

increasing the number of teachers serving high-need schools who are qualified to teach Advanced Placement or International Baccalaureate courses;

(ii)

increasing the number of Advanced Placement or International Baccalaureate courses that are offered at high-need schools; and

(iii)

increasing the number of students attending a high-need school, particularly low-income students, who succeed in—

(I)

Advanced Placement or International Baccalaureate courses; and

(II)

if offered by the school, pre-Advanced Placement or pre-International Baccalaureate courses;

(B)

how the eligible entity will ensure that students have access to courses, including pre-Advanced Placement or pre-International Baccalaureate courses, that will prepare students to enroll and succeed in Advanced Placement or International Baccalaureate courses;

(C)

how the eligible entity will provide professional development for teachers that will further the goals and objectives of the grant project;

(D)

how the eligible entity will ensure that teachers serving high-need schools are qualified to teach Advanced Placement or International Baccalaureate courses;

(E)

how the eligible entity will provide for the involvement of business and community organizations and other entities, including institutions of higher education, in carrying out the activities described in subsection (e);

(F)

how the eligible entity will use funds received under this section; and

(G)

how the eligible entity will evaluate the outcome of the grant project.

(d)

Priority

In awarding grants under this section, the Secretary shall give priority to applications from eligible entities that—

(1)

are part of a statewide or districtwide strategy, as applicable, for increasing the availability of Advanced Placement or International Baccalaureate courses, and pre-Advanced Placement or pre-International Baccalaureate courses, in high-need schools;

(2)

demonstrate a focus on increasing the availability of Advanced Placement or International Baccalaureate courses in core academic subjects; and

(3)

propose to carry out activities that target high-need schools.

(e)

Authorized activities

(1)

In general

Each eligible entity that receives a grant under this section shall use the grant funds to carry out activities designed to increase—

(A)

the number of teachers serving high-need schools who are qualified to teach Advanced Placement or International Baccalaureate courses; and

(B)

the number of students attending high-need schools who succeed in the examinations for such courses, including through reimbursing low-income students attending high-need schools for part or all of the cost of Advanced Placement or International Baccalaureate examination fees.

(2)

Allowable activities

In addition to the activities described in paragraph (1), an eligible entity that receives a grant under this section may use grant funds for—

(A)

high-quality teacher professional development, in order to expand the pool of teachers in the participating State, high-need local educational agency, or high-need school who are qualified to teach Advanced Placement or International Baccalaureate courses, including through innovative models, such as online academies and training institutes;

(B)

pre-Advanced Placement or pre-International Baccalaureate teacher and counselor high-quality professional development in secondary school to prepare students for success in Advanced Placement or International Baccalaureate courses and in institutions of higher education;

(C)

coordination and articulation between grade levels to prepare students to succeed in Advanced Placement or International Baccalaureate courses;

(D)

purchase of instructional materials for Advanced Placement or International Baccalaureate courses;

(E)

activities to increase the availability of, and participation in, online Advanced Placement or International Baccalaureate courses;

(F)

carrying out the requirements of subsection (g); and

(G)

in the case of an eligible entity described in subsection (b)(1), awarding subgrants to high-need local educational agencies to enable the high-need local educational agencies to carry out authorized activities described in subparagraphs (A) through (F).

(f)

Contracts

An eligible entity that is awarded a grant to provide online Advanced Placement or International Baccalaureate courses under this subpart may enter into a contract with an organization to provide the online Advanced Placement or International Baccalaureate courses, including contracting for necessary support services.

(g)

Collecting and reporting requirements

(1)

Report

Each eligible entity receiving a grant under this section shall collect and report to the Secretary annually such data regarding the results of the grant as the Secretary may reasonably require, including—

(A)

the number of students served by the eligible entity enrolling in Advanced Placement or International Baccalaureate courses, and pre-Advanced Placement or pre-International Baccalaureate courses, disaggregated by grade level of the student, and the grades received by such students in the courses;

(B)

the number of students taking an Advanced Placement or International Baccalaureate examination and the distribution of scores on those examinations, disaggregated by the grade level of the student at the time of examination;

(C)

the number of teachers who are currently, as of the date of the report, receiving training to teach Advanced Placement or International Baccalaureate courses and will teach such courses in the next school year;

(D)

the number of teachers becoming qualified to teach Advanced Placement or International Baccalaureate courses; and

(E)

the number of qualified teachers who are teaching Advanced Placement or International Baccalaureate courses in high-need schools served by the eligible entity.

(2)

Reporting of data

Each eligible entity receiving a grant under this section shall report the data required under paragraph (1)—

(A)

disaggregated by subject area;

(B)

in the case of student data, disaggregated in the same manner as information is disaggregated under section 1111(a)(2)(B)(x); and

(C)

in a manner that allows for an assessment of the effectiveness of the grant program.

(h)

Evaluation

From the amount appropriated for this subpart and reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate the implementation and impact of the activities supported under this section, consistent with section 9601, including progress as measured by the performance measures established under subparagraphs (A) through (E) of subsection (g)(1).

(i)

Matching requirement

(1)

In general

Subject to paragraph (3), each eligible entity that receives a grant under this section shall provide toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 100 percent of the amount of the grant, except that an eligible entity that is a high-need local educational agency shall provide an amount equal to not more than 50 percent of the amount of the grant.

(2)

Matching Funds

The eligible entity may provide the matching funds described in paragraph (1) in cash or in-kind, fairly evaluated, but may not provide more than 50 percent of the matching funds in-kind. The eligible entity may provide the matching funds from State, local, or private sources.

(3)

Waiver

The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible entity described in paragraph (1) or (2) of subsection (b), if the Secretary determines that applying the matching requirement to such eligible entity would result in serious hardship or an inability to carry out the authorized activities described in subsection (e).

1225.

Supplement, not supplant

Grant funds provided under this subpart shall supplement, and not supplant, other non-Federal funds that are available to assist low-income students to pay for the cost of Advanced Placement or International Baccalaureate examination fees or to expand access to Advanced Placement or International Baccalaureate courses, and pre-Advanced Placement or pre-International Baccalaureate courses.

1226.

Definitions

In this subpart:

(1)

High-need school

The term high-need school means a secondary school—

(A)

with a demonstrated need for Advanced Placement or International Baccalaureate courses; and

(B)

that—

(i)

has a high concentration of low-income students; or

(ii)

is designated with a school locale code of 33, 41, 42, or 43, as determined by the Secretary.

(2)

Low-income student

The term low-income student means a student who is eligible for free or reduced-price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).

.

C

Education of migratory children

1301.

Program purpose

Section 1301 (20 U.S.C. 6391) is amended to read as follows:

1301.

Program purpose

It is the purpose of this part to assist States in providing high-quality and comprehensive educational programs (including, as appropriate, instructional and educationally related support services), during the regular school year and summer or intersession periods, that address the unique educational needs of migratory children arising from their migratory lifestyle, in order to help such children—

(1)

succeed in school;

(2)

meet the same State college and career ready academic content and student academic achievement standards under section 1111(a)(1) that all children are expected to meet;

(3)

graduate high school ready for postsecondary education and careers; and

(4)

overcome educational disruption, cultural and language barriers, social isolation, various health-related problems, and other factors that inhibit the ability of such children to succeed in school.

.

1302.

Program authorized

Section 1302 (20 U.S.C. 6392) is amended—

(1)

by striking In order to carry out the purpose of this part and inserting From the amounts made available under section 3(d) for a fiscal year to carry out this part;

(2)

by striking combinations and inserting consortia; and

(3)

by striking to establish and inserting to enable such agencies or consortia to establish.

1303.

State allocations

Section 1303 (20 U.S.C. 6393) is amended—

(1)

by striking subsection (a) and inserting the following:

(a)

State allocations

Except as provided in subsection (b), the amount awarded to each State (other than the Commonwealth of Puerto Rico) under this part for each fiscal year shall be an amount equal to the product of—

(1)

the sum of—

(A)

the average number of identified eligible migratory children aged 3 through 21, residing in the State, based on data for the preceding 3 years; and

(B)

the number of identified eligible migratory children, aged 3 through 21, who received services under this part in summer or intersession programs provided by the State during the previous year; multiplied by

(2)

40 percent of the average per-pupil expenditure in the State, except that the amount calculated under this paragraph shall not be less than 32 percent, or more than 48 percent, of the average per-pupil expenditure in the United States.

;

(2)

by redesignating subsections (b) through (e) as subsections (c) through (f), respectively;

(3)

by inserting after subsection (a) the following:

(b)

Hold harmless

Notwithstanding subsection (a), for each of fiscal years 2011 through 2013, no State receiving an allocation under this section shall receive less than 90 percent of the State's allocation under this section for the previous year.

;

(4)

in subsection (c), as redesignated by paragraph (2)—

(A)

by striking paragraphs (2) and (3);

(B)

by striking Puerto Rico.— and all that follows through For each and inserting the following: Puerto Rico.—For each;

(C)

by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and by aligning such paragraphs with the margins of paragraph (1) of subsection (e), as redesignated by paragraph (2);

(D)

in the matter preceding paragraph (1), as redesignated by subparagraph (C)—

(i)

by striking which and inserting that; and

(ii)

by striking subsection (a)(1)(A) and inserting subsection (g); and

(E)

in paragraph (1), as redesignated by subparagraph (C)—

(i)

by striking which and inserting that; and

(ii)

by inserting , except that the percentage calculated under this paragraph shall not be less than 85 percent before the semicolon at the end; and

(5)

in subsection (d), as redesignated by paragraph (2)—

(A)

in paragraph (1)—

(i)

by striking In general.—(A) If, and all that follows through this part and inserting the following:

In general.—

(A)

Ratable reductions

If the amount available for allocations to States under this part

; and

(ii)

in subparagraph (B), by striking If additional and inserting Reallocation.—If additional;

(B)

in paragraph (2)—

(i)

by striking Special rule.—(A) The and inserting the following:

Special rule.—

(A)

Further reductions

The

;

(ii)

in subparagraph (A), by striking required under section 1304 and inserting needed to carry out the approved activities in the application under section 1304;

(iii)

in subparagraph (B), by striking The Secretary shall and inserting Reallocation.—The Secretary shall; and

(iv)

by adding at the end the following:

(C)

Additional requirements

The Secretary—

(i)

shall—

(I)

develop and implement a procedure for monitoring the accuracy of the information described in subparagraph (A); and

(II)

issue, through regulations or guidance, criteria for a system of State quality control for the accuracy of State counts of eligible migratory children; and

(ii)

may not reduce the amount of a State allocation under this paragraph on the basis of unintentional errors in such counts for States implementing a system of State quality control that meets the criteria described in clause (i)(II), if the discrepancy between the initial State count and any subsequent revisions is minimal.

;

(6)

in subsection (f), as redesignated by paragraph (2)—

(A)

in the matter preceding paragraph (1), by inserting best serve migratory children under this part and after In order to;

(B)

in paragraph (1), by striking such information as the Secretary finds and inserting the most recent information that;

(C)

by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively;

(D)

by inserting after paragraph (1) the following:

(2)

develop and implement a procedure for monitoring the accuracy of such information, if such a procedure does not create barriers to the families of migratory children who are eligible for services under this part;

;

(E)

in paragraph (3), as redesignated by subparagraph (C), by striking develop and implement a procedure for more accurately reflecting and inserting update such procedure, and implement the updated procedure, to more accurately reflect the;

(F)

in paragraph (4)(A), as redesignated by subparagraph (C), by inserting of high-quality, sustained, and intensive education services after special programs; and

(G)

in paragraph (5), as redesignated by subparagraph (C), by striking the child whose education has been interrupted and inserting migratory children; and

(7)

by adding at the end the following:

(g)

Nonparticipating States

In the case of a State desiring to receive an allocation under this part for a fiscal year that did not receive an allocation for the previous fiscal year or that has been participating for less than 3 consecutive years, the Secretary shall calculate the State’s number of identified migratory children aged 3 through 21 for purposes of subsection (a)(1)(A) by using the most recent data available that identifies the migratory children residing in the State until data is available to calculate the 3-year average number of such children in accordance with such subsection.

.

1304.

State applications; services

Section 1304 (20 U.S.C. 6394) is amended—

(1)

in subsection (b)—

(A)

in paragraph (1)—

(i)

in the matter preceding subparagraph (A)—

(I)

by striking special and inserting unique; and

(II)

by inserting and out of school migratory children after preschool migratory children; and

(ii)

in subparagraph (B)—

(I)

by striking migrant and inserting migratory; and

(II)

by striking part A or B of title III and inserting part A of title III;

(B)

in paragraph (2)—

(i)

by striking migratory students and inserting migratory children; and

(ii)

by striking same challenging and all that follows through standards that and inserting same State college and career ready academic content and student academic achievement standards adopted under section 1111(a)(1) that;

(C)

by striking paragraph (6);

(D)

by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively;

(E)

by inserting after paragraph (2) the following:

(3)

a description of how the State will meet the requirements of section 1308(b) for the timely electronic transfer of student records and how the State will use such records transfer to meet the unique educational needs of migratory students and remove barriers to the proper enrollment and retention of migratory children in schools;

;

(F)

in paragraph (4), as redesignated by subparagraph (D)—

(i)

by striking require, the State and inserting require and using the linkage system described in section 1308(b), the State and each of its local operating agencies;

(ii)

by striking another and inserting another or from 1 school district to another; and

(iii)

by striking such move and inserting such a move;

(G)

in paragraph (7)—

(i)

by striking family literacy services and inserting family literacy activities;

(ii)

by striking program or project serves and inserting programs and projects serve;

(iii)

by striking who have parents who and inserting whose parents; and

(iv)

by striking the period at the end and inserting ; and; and

(H)

by adding at the end the following:

(8)

such budgetary and other information as the Secretary may require.

;

(2)

in subsection (c)—

(A)

in paragraph (2), by striking part I and inserting part F;

(B)

by striking paragraph (3) and inserting the following:

(3)

in the planning and operation of programs and projects at both the State and local agency operating levels, there is consultation with parent advisory councils for programs of not less than 1 school year in duration, and that all such programs and projects are—

(A)

conducted in a manner that provides for the same parental involvement as is required for programs and projects under section 1118, including, to the extent practicable, descriptions required for parental involvement under section 1118(a)(3)(A), unless extraordinary circumstances make such provision impractical; and

(B)

are developed in a format and language understandable to the parents;

;

(C)

in paragraph (4), by inserting and migratory children who are not attending school before the semicolon at the end;

(D)

in paragraph (6), by striking subparagraph (C) and inserting the following:

(C)

family literacy programs that are determined to be high quality;

; and

(E)

by striking paragraph (7) and inserting the following:

(7)

the State has procedures in place to verify the accuracy and completeness of any data regarding the counting of migratory children that is submitted to the Secretary under this part.

; and

(3)

in subsection (d)—

(A)

by striking who are failing and all that follows through the period and inserting the following:

who have made a move within the previous 1-year period and who—

(1)

are failing, or most at risk of failing, to meet the State college and career ready academic content standards and student academic achievement standards adopted under section 1111(a)(1); or

(2)

have dropped out of school.

; and

(B)

in subsection (e)—

(i)

in paragraph (2), by striking 1 and inserting one; and

(ii)

in paragraph (3), by striking secondary school students and inserting students.

1305.

Secretarial approval; peer review

Section 1305(b) (20 U.S.C. 6395(b)) is amended by striking may and inserting shall, to the extent practicable,.

1306.

Comprehensive needs assessment and service-delivery plan; authorized activities

Section 1306 (20 U.S.C. 6396) is amended—

(1)

in subsection (a)(1)—

(A)

in the matter preceding subparagraph (A)—

(i)

by striking special and inserting unique; and

(ii)

by inserting , consistent with the purposes of this part, after migratory children;

(B)

by striking subparagraph (B);

(C)

by redesignating subparagraphs (C) through (G) as subparagraphs (E) through (I), respectively;

(D)

by inserting after subparagraph (A) the following:

(B)

addresses the unique educational needs of migratory children;

(C)

is developed in collaboration with parents of migratory children;

(D)

is not used to supplant State efforts regarding, or administrative funding for, this part;

;

(E)

in subparagraph (E), as redesignated by subparagraph (C), by striking same challenging and all that follows through standards that and inserting same State college and career ready academic content and student academic achievement standards adopted under section 1111(a)(1) that; and

(F)

in subparagraph (H), as redesignated by subparagraph (C)—

(i)

by striking early childhood programs, and inserting early childhood education programs,; and

(ii)

by striking part A or B of title III and inserting part A of title III;

(2)

in subsection (b)—

(A)

in paragraph (1), by striking local educational and inserting local operating;

(B)

by striking paragraph (2) and inserting the following:

(2)

Unmet needs

Funds provided under this part shall be used to meet the needs of migratory children that are not met by services available from other Federal or non-Federal programs, except that migratory children who are eligible to receive services under part A may receive those services through funds provided under that part or through funds under this part that remain after the agency meets the needs described in paragraph (1).

; and

(C)

in paragraph (4), by striking special educational and inserting unique educational.

1307.

Bypass

Section 1307 (20 U.S.C. 6397) is amended, in the matter preceding paragraph (1), by striking make arrangements with and inserting award grants to, or enter into contracts with,.

1308.

National activities

Section 1308 (20 U.S.C. 6398) is amended—

(1)

by striking the section heading and inserting National activities.;

(2)

in subsection (a)—

(A)

in paragraph (1)—

(i)

by striking nonprofit entities to improve and inserting the following:

entities to—

(A)

improve

;

(ii)

by inserting through before the establishment;

(iii)

by striking the period at the end and inserting ; and; and

(iv)

by adding at the end the following:

(B)

improve the coordination between State educational agencies, local operating agencies, and their counterparts in other nations in educating migratory children who move between the United States and such nations.

; and

(B)

in paragraph (2), by inserting or contracts after Grants;

(3)

in subsection (b)—

(A)

by striking paragraph (1) and inserting the following:

(1)

Assistance

In order to determine the number of migratory children in each State, the Secretary shall assist each State in maintaining an effective system for the electronic transfer of student records.

;

(B)

in paragraph (2)—

(i)

in subparagraph (A)—

(I)

in the matter preceding clause (i), by striking The Secretary, in consultation and all that follows through may include— and inserting the following: The Secretary, in consultation with the States, shall continue to ensure the linkage of migratory child record systems for the purpose of electronically exchanging, within and among the States, health and educational information regarding all migratory children eligible under this part. The Secretary shall ensure such linkage occurs in a cost-effective manner, utilizing systems used by the State prior to, or developed after, the date of enactment of the Strengthening America’s Schools Act of 2013. The Secretary shall determine the minimum data elements that each State receiving funds under this part shall collect, maintain, and exchange, and the requirements of the linkage system that States shall meet for the timely submission of access to such information. Such minimum data elements may include—; and

(II)

in clause (ii), by striking section 1111(b) and inserting section 1111(a)(2); and

(ii)

by striking subparagraph (B) and inserting the following:

(B)

Consultation

The Secretary shall maintain ongoing consultation with the States, local educational agencies, and other migratory student service providers on—

(i)

the effectiveness of the system of electronic records transfer described in subparagraph (A); and

(ii)

the ongoing improvement of such system.

; and

(C)

in paragraph (4)—

(i)

in subparagraph (A)—

(I)

by striking 2003 and inserting 2012, and every 2 years thereafter,; and

(II)

by striking the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives and inserting the authorizing committees; and

(ii)

in subparagraph (B)—

(I)

in clause (ii), by striking the development and linkage of and inserting maintaining; and

(II)

in clause (iii), by striking measures that may be taken to ensure and inserting improving;

(4)

by redesignating subsection (c) as subsection (f), and transferring such subsection so as to follow subsection (e);

(5)

by inserting after subsection (b) the following:

(c)

Technical assistance

The Secretary may provide technical assistance designed to support State efforts to meet the needs of migratory children, which may include supporting the attendance of State and local operating agency staff, and other appropriate individuals, at special meetings convened by the Secretary in order to carry out activities consistent with this section.

;

(6)

in subsection (d)—

(A)

by striking , pursuant to criteria that the Secretary shall establish,; and

(B)

by striking whose education is interrupted and inserting described in section 1304(d); and

(7)

by striking subsection (e) and inserting the following:

(e)

Improvements and coordination

From any funds made available under this section and remaining after carrying out the requirements under subsections (b) and (d), the Secretary, in consultation with the States, may make grants to, or enter into contracts with, State educational agencies, local educational agencies, institutions of higher education, and other public and private nonprofit entities to improve the interstate and intrastate coordination among such agencies’ and entities’ programs available to migratory students consistent with this section, including the establishment or improvement of programs for academic credit accrual and exchange.

.

1309.

Performance data; evaluations and study; State assistance

Part C of title I (20 U.S.C. 6391 et seq.) is further amended—

(1)

by redesignating section 1309 as section 1312; and

(2)

by inserting after section 1308 the following:

1309.

Performance data

Consistent with section 1111(d)(3)(B), and in a manner prescribed by the Secretary, each State that receives a grant under this part shall annually submit to the Secretary, and make public, data on—

(1)

the academic achievement of migratory students, as measured by the State assessments required under section 1111(a)(2);

(2)

such students' high school graduation rates and rates of enrollment and persistence in, and completion of a program of study at, institutions of higher education; and

(3)

the results of such other performance measures and targets as the Secretary may prescribe.

1310.

Evaluation and study

(a)

Program evaluation

From the amount reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate the implementation and impact of the activities supported under this part, consistent with section 9601.

(b)

Study

The Secretary shall conduct a pilot study, funded as part of the 2012 National Assessment of Educational Progress, on the feasibility of using the National Assessment of Educational Progress for assessing and reporting on the academic achievement of migratory children in grades 4 and 8 in reading and mathematics.

1311.

State assistance in determining number of migratory children

Each State that desires to receive assistance under this part shall assist the Secretary in determining the number of migratory children in such State under paragraphs (1) and (2) of subsection (a), and subsection (g), of section 1303 through such procedures as the Secretary may require, except that the Secretary shall not require additional information that is not directly related to determining the migratory status of the child or the administration of this part.

.

1310.

Definitions

Section 1312 (20 U.S.C. 6399), as redesignated by section 1309(1), is amended—

(1)

by redesignating paragraphs (1) and (2) as paragraphs (3) and (5), respectively;

(2)

by inserting before paragraph (3), as redesignated by paragraph (1), the following:

(1)

Food processor

The term food processor means a position working with a raw agricultural, dairy, or fishing product and transforming the product into a more refined product up to the point of an initial commercial sale.

(2)

Initial commercial sale

The term initial commercial sale means the first point of sale of an agricultural, dairy, or fishing product—

(A)

for refining to the next-stage processor;

(B)

to the wholesaler;

(C)

to the retailer; or

(D)

directly to the consumer.

;

(3)

by inserting after paragraph (3), as redesignated by paragraph (1), the following:

(4)

Migratory agricultural worker

The term migratory agricultural worker means an individual who—

(A)

made a qualifying move in the preceding 36-month period; and

(B)

after making such move, sought or engaged in employment in agricultural work, which may be dairy work or the initial processing of raw agricultural products.

; and

(4)

by striking paragraph (5), as redesignated by paragraph (1), and inserting the following:

(5)

Migratory child

The term migratory child means a child who—

(A)

is, or whose parent or spouse is, a migratory agricultural worker or migratory fisher who is currently engaged in, or seeking to obtain, temporary or seasonal employment, usually for not longer than 15 months, in agricultural or fishing work until the point of the initial commercial sale (including employment as a migratory dairy worker, a food processor, or a migratory fisher); and

(B)

in the preceding 36 months—

(i)

has moved from 1 school district to another;

(ii)

in a State that is comprised of a single school district, has moved from 1 administrative area to another within such district; or

(iii)

resides in a school district of more than 15,000 square miles, and migrates a distance of 20 miles or more to a temporary residence to engage in, or to accompany a parent or spouse engaging in, a fishing activity.

(6)

Migratory fisher

The term migratory fisher means an individual who made a qualifying move in the preceding 36 months and, after doing so, sought or engaged in employment in fishing work.

(7)

Qualifying move

The term qualifying move

(A)

means—

(i)

a move from 1 school district to another, or from 1 administrative area to another within a State that is comprised of a single school district; and

(ii)

in the case of a migratory fisher who resides in a school district of more than 15,000 square miles, includes migrating a distance of 20 miles or more to a temporary residence; and

(B)

with respect to a qualifying move for a parent or spouse of a migratory child, means a move described in subparagraph (A) that is separated by not more than 1 year from the move or migration described in paragraph (5)(B) of the migratory child.

.

D

Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk

1401.

Purpose and program authorization

Section 1401 (20 U.S.C. 6421) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by striking challenging State academic content standards and challenging State student academic achievement standards and inserting college and career ready academic content standards and student academic achievement standards under section 1111(a)(1); and

(B)

in paragraph (3), by striking to prevent at-risk youth from dropping out of school, and; and

(2)

in subsection (b), by striking 1002(d) and inserting 3(e).

1402.

Allocation of funds

(a)

Section 1402 (20 U.S.C. 6422) is amended by inserting after subsection (b) the following:

(c)

Reservation for the Secretary of the interior

From the amount appropriated for this part in any fiscal year, the Secretary shall reserve 0.5 percent to provide assistance to the Secretary of the Interior to provide educational services for at-risk Indian children, including Indian youth in correctional facilities operated by the Secretary of the Interior or by an Indian tribe.

.

(b)

Section 1412(b) (20 U.S.C. 6432(b)) is amended by striking paragraph (2) and inserting the following:

(2)

Minimum percentage

The percentage in paragraph (1)(A) shall not be less than 85 percent.

.

1403.

State plan and State agency applications

Section 1414 (20 U.S.C. 6434) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1)(B)—

(i)

by striking from and inserting between; and

(ii)

by striking to and inserting and;

(B)

in paragraph (2)—

(i)

in subparagraph (A), by striking academic, vocational, and technical skills and inserting college and career readiness (as determined based on the State college and career ready academic content and student academic achievement standards under section 1111(a)(1)); and

(ii)

in subparagraph (B), by striking and after the semicolon;

(C)

in subparagraph (C)(iv), by striking the period at the end and inserting ; and; and

(D)

by adding at the end the following:

(D)

provide assurances that the State educational agency has established—

(i)

procedures to ensure that each student who has been placed in the juvenile justice system is promptly re-enrolled in secondary school or placed in a re-entry program that best meets the educational and social needs of the student;

(ii)

procedures for facilitating the transfer of credits that such students earned during placement; and

(iii)

opportunities for such students to participate in higher education or career pathways.

; and

(2)

in subsection (c)—

(A)

in paragraph (1)—

(i)

by inserting and respond to after assess; and

(ii)

by inserting , including an assessment upon entry into a correctional facility before the semicolon at the end;

(B)

in paragraph (8), by striking vocational and inserting career;

(C)

in paragraph (9)—

(i)

by striking encourage and insert require, to the extent practicable,;

(ii)

by inserting and after after prior to; and

(iii)

by inserting and that transition plans are in place before the semicolon at the end;

(D)

in paragraph (11)—

(i)

by inserting such after transition of;

(ii)

by striking from and inserting between; and

(iii)