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S. 1177 (114th): Every Student Succeeds Act

The text of the bill below is as of Oct 6, 2016 (Passed Congress/Enrolled Bill).

Source: GPO

One Hundred Fourteenth Congress of the United States of America

1st Session

S. 1177

IN THE SENATE OF THE UNITED STATES

AN ACT

To reauthorize the Elementary and Secondary Education Act of 1965 to ensure that every child achieves.

1.

Short title

This Act may be cited as the Every Student Succeeds Act.

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.

Title I—Improving basic programs operated by State and local educational agencies

Part A—Improving basic programs operated by State and local educational agencies

Sec. 1000. Redesignations.

Sec. 1001. Statement of purpose.

Sec. 1002.  Authorization of appropriations.

Sec. 1003. School improvement.

Sec. 1004. Direct student services.

Sec. 1005. State plans.

Sec. 1006. Local educational agency plans.

Sec. 1007. Eligible school attendance areas.

Sec. 1008. Schoolwide programs.

Sec. 1009. Targeted assistance schools.

Sec. 1010. Parent and family engagement.

Sec. 1011. Participation of children enrolled in private schools.

Sec. 1012. Supplement, not supplant.

Sec. 1013. Coordination requirements.

Sec. 1014. Grants for the outlying areas and the Secretary of the Interior.

Sec. 1015. Allocations to States.

Sec. 1016. Adequacy of funding rule.

Sec. 1017. Education finance incentive grant program.

Part B—State assessment grants

Sec. 1201. State assessment grants.

Part C—Education of migratory children

Sec. 1301. Education of migratory children.

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

Sec. 1401. Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk.

Part E—Flexibility for equitable per-pupil funding

Sec. 1501. Flexibility for equitable per-pupil funding.

Part F—General provisions

Sec. 1601. General provisions.

Title II—Preparing, training, and recruiting high-quality teachers, principals, or other school leaders

Sec. 2001. General provisions.

Sec. 2002. Preparing, training, and recruiting high-quality teachers, principals, or other school leaders.

Title III—Language instruction for English learners and immigrant students

Sec. 3001. Redesignation of certain provisions.

Sec. 3002. Authorization of appropriations.

Sec. 3003. English language acquisition, language enhancement, and academic achievement.

Sec. 3004. General provisions.

Title IV—21st century schools

Sec. 4001. Redesignations and transfers.

Sec. 4002. General provisions.

Part A—Student support and academic enrichment grants

Sec. 4101. Student support and academic enrichment grants.

Part B—21st century community learning centers

Sec. 4201. 21st century community learning centers.

Part C—Expanding Opportunity through Quality Charter Schools

Sec. 4301. Charter schools.

Part D—Magnet schools assistance

Sec. 4401. Magnet schools assistance.

Part E—Family engagement in education programs

Sec. 4501. Family Engagement in Education Programs.

Part F—National activities

Sec. 4601. National activities.

Title V—State innovation and local flexibility

Sec. 5001. General provisions.

Sec. 5002. Funding Transferability for State and Local Educational Agencies.

Sec. 5003. Rural education initiative.

Sec. 5004. General provisions.

Sec. 5005. Review relating to rural local educational agencies.

Title VI—Indian, Native Hawaiian, and Alaska Native education

Sec. 6001. Conforming amendments.

Sec. 6002. Indian education.

Sec. 6003. Native Hawaiian education.

Sec. 6004. Alaska Native education.

Sec. 6005. Report on Native American language medium education.

Sec. 6006. Report on responses to Indian student suicides.

Title VII—Impact Aid

Sec. 7001. General provisions.

Sec. 7002. Purpose.

Sec. 7003. Payments relating to federal acquisition of real property.

Sec. 7004. Payments for eligible federally connected children.

Sec. 7005. Policies and procedures relating to children residing on Indian lands.

Sec. 7006. Application for payments under sections 7002 and 7003.

Sec. 7007. Construction.

Sec. 7008. Facilities.

Sec. 7009. State consideration of payments in providing state aid.

Sec. 7010. Federal administration.

Sec. 7011. Administrative hearings and judicial review.

Sec. 7012. Definitions.

Sec. 7013. Authorization of appropriations.

Title VIII—General provisions

Sec. 8001. General provisions.

Sec. 8002. Definitions.

Sec. 8003. Applicability of title.

Sec. 8004. Applicability to Bureau of Indian Education operated schools.

Sec. 8005. Consolidation of State administrative funds for elementary and secondary education programs.

Sec. 8006. Consolidation of funds for local administration.

Sec. 8007. Consolidated set-aside for Department of the Interior funds.

Sec. 8008. Department staff.

Sec. 8009. Optional consolidated State plans or applications.

Sec. 8010. General applicability of State educational agency assurances.

Sec. 8011. Rural consolidated plan.

Sec. 8012. Other general assurances.

Sec. 8013. Waivers of statutory and regulatory requirements.

Sec. 8014. Approval and disapproval of State plans and local applications.

Sec. 8015. Participation by private school children and teachers.

Sec. 8016. Standards for by-pass.

Sec. 8017. Complaint process for participation of private school children.

Sec. 8018. By-pass determination process.

Sec. 8019. Maintenance of effort.

Sec. 8020. Prohibition regarding state aid.

Sec. 8021. School prayer.

Sec. 8022. Prohibited uses of funds.

Sec. 8023. Prohibitions.

Sec. 8024. Prohibitions on Federal Government and use of Federal funds.

Sec. 8025. Armed forces recruiter access to students and student recruiting information.

Sec. 8026. Prohibition on federally sponsored testing.

Sec. 8027. Limitations on national testing or certification for teachers, principals, or other school leaders.

Sec. 8028. Prohibition on requiring State participation.

Sec. 8029. Civil rights.

Sec. 8030. Consultation with Indian tribes and tribal organizations.

Sec. 8031. Outreach and technical assistance for rural local educational agencies.

Sec. 8032. Consultation with the Governor.

Sec. 8033. Local governance.

Sec. 8034. Rule of construction regarding travel to and from school.

Sec. 8035. Limitations on school-based health centers.

Sec. 8036. State control over standards.

Sec. 8037. Sense of Congress on protecting student privacy.

Sec. 8038. Prohibition on aiding and abetting sexual abuse.

Sec. 8039. Sense of Congress on restoration of state sovereignty over public education.

Sec. 8040. Privacy.

Sec. 8041. Analysis and periodic review; sense of Congress; technical assistance.

Sec. 8042. Evaluations.

Title IX—Education for the Homeless and Other Laws

Part A—Homeless children and youths

Sec. 9101. Statement of policy.

Sec. 9102. Grants for State and local activities.

Sec. 9103. Local educational agency subgrants.

Sec. 9104. Secretarial responsibilities.

Sec. 9105. Definitions.

Sec. 9106. Authorization of appropriations.

Sec. 9107. Effective date.

Part B—Miscellaneous; other laws

Sec. 9201. Findings and sense of Congress on sexual misconduct.

Sec. 9202. Sense of Congress on First Amendment rights.

Sec. 9203. Preventing improper use of taxpayer funds.

Sec. 9204. Accountability to taxpayers through monitoring and oversight.

Sec. 9205. Report on Department actions to address Office of Inspector General reports.

Sec. 9206. Posthumous pardon.

Sec. 9207. Education Flexibility Partnership Act of 1999 reauthorization.

Sec. 9208. Report on the reduction of the number and percentage of students who drop out of school.

Sec. 9209. Report on subgroup sample size.

Sec. 9210. Report on student home access to digital learning resources.

Sec. 9211. Study on the title I formula.

Sec. 9212. Preschool development grants.

Sec. 9213. Review of Federal early childhood education programs.

Sec. 9214. Use of the term highly qualified in other laws.

Sec. 9215. Additional conforming amendments to other laws.

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)

Funding authority

(1)

Multi-year awards

(A)

Programs no longer authorized

Except as otherwise provided in this Act or the amendments made by this Act, the recipient of a multiyear award under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as in effect on the day before the date of enactment of this Act, under a program that is not authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as amended by this Act, and—

(i)

that is not substantively similar to a program authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as amended by this Act, shall continue to receive funds in accordance with the terms of such prior award, except that no additional funds for such program may be awarded after September 30, 2016; and

(ii)

that is substantively similar to a program authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as amended by this Act, shall continue to receive funds in accordance with the terms of such prior award.

(B)

Authorized programs

Except as otherwise provided in this Act, or the amendments made by this Act, the recipient of a multiyear award under a program that was authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as in effect on the day before the date of enactment of this Act, and that is authorized under such Act (20 U.S.C. 6301 et seq.), as amended by this Act, shall continue to receive funds in accordance with the terms of such prior award.

(2)

Planning and transition

Notwithstanding any other provision of law, a recipient of funds under a program described in paragraph (1)(A)(ii) or (1)(B) may use funds awarded to the recipient under such program, to carry out necessary and reasonable planning and transition activities in order to ensure the recipient’s compliance with the amendments to such program made by this Act.

(b)

Orderly transition

Subject to subsection (a)(1)(A)(i), the Secretary shall take such steps as are necessary to provide for the orderly transition to, and implementation of, programs authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et. seq.), as amended by this Act, from programs authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as in effect on the day before the date of enactment of this Act.

(c)

Termination of certain waivers

(1)

In general

Notwithstanding any other provision of this Act, and subject to section 5(e)(2), a waiver described in paragraph (2) shall be null and void and have no legal effect on or after August 1, 2016.

(2)

Waivers

A waiver shall be subject to paragraph (1) if the waiver was granted by the Secretary of Education to a State or consortium of local educational agencies under the program first introduced in a letter to chief State school officers dated September 23, 2011, and authorized under section 9401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7861), as in effect on the day before the date of enactment of this Act.

5.

Effective dates

(a)

In general

Except as otherwise provided in this Act, or an amendment made by 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 the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq) and the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) under which any funds are allotted by the Secretary of Education to recipients on the basis of a formula, the amendments made by this Act shall be effective beginning on July 1, 2016, except as otherwise provided in such amendments.

(c)

Competitive programs

With respect to programs that are conducted by the Secretary of Education on a competitive basis (and are not programs described in subsection (b)) under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the amendments made by this Act with respect to appropriations for use under such programs shall be effective beginning on October 1, 2016, except as otherwise provided in such amendments.

(d)

Impact Aid

With respect to title VII of the Elementary and Secondary Education Act of 1965, as amended by this Act, the amendments made by this Act shall take effect with respect to appropriations for use under such title beginning fiscal year 2017, except as otherwise provided in such amendments.

(e)

Title I of the Elementary and Secondary Education Act of 1965

(1)

Effective dates for section 1111 of the Elementary and Secondary Education Act of 1965

Notwithstanding any other provision of this Act, or the amendments made by this Act, and subject to paragraph (2) of this subsection—

(A)

section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)), as in effect on the day before the date of enactment of this Act, shall be effective through the close of August 1, 2016;

(B)

subsections (c) and (d) of section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311), as amended by this Act, shall take effect beginning with school year 2017–2018; and

(C)

section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)), as amended by this Act, and any other provision of section 1111 of such Act (20 U.S.C. 6311), as amended by this Act, which is not described in subparagraph (B) of this paragraph, shall take effect in a manner consistent with subsection (a).

(2)

Special rule

(A)

In general

Notwithstanding any other provision of this Act (including subsection (b) and paragraph (1)), any school or local educational agency described in subparagraph (B) shall continue to implement interventions applicable to such school or local educational agency under clause (i) or (ii) of subparagraph (B) until—

(i)

the State plan for the State in which the school or agency is located under section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311), as amended by this Act, is approved under such section (20 U.S.C. 6311); or

(ii)

subsections (c) and (d) of section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311), as amended by this Act, take effect in accordance with paragraph (1)(B),

whichever occurs first.
(B)

Certain schools and local educational agencies

A school or local educational agency shall be subject to the requirements of subparagraph (A), if such school or local educational agency has been identified by the State in which the school or local educational agency is located—

(i)

as in need of improvement, corrective action, or restructuring under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), as in effect on the day before the date of enactment of this Act; or

(ii)

as a priority or focus school under a waiver granted by the Secretary of Education under section 9401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7861), as in effect on the day before the date of enactment of this Act.

6.

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

Section 2 is amended to read as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Title I—Improving the Academic Achievement of the Disadvantaged

Sec. 1001. Statement of purpose.

Sec. 1002. Authorization of appropriations.

Sec. 1003. School improvement.

Sec. 1003A. Direct student services.

Sec. 1004. State administration.

Part A—Improving Basic Programs Operated by Local Educational Agencies

Subpart 1—Basic Program Requirements

Sec. 1111. State plans.

Sec. 1112. Local educational agency plans.

Sec. 1113. Eligible school attendance areas.

Sec. 1114. Schoolwide programs.

Sec. 1115. Targeted assistance schools.

Sec. 1116. Parent and family engagement.

Sec. 1117. Participation of children enrolled in private schools.

Sec. 1118. Fiscal requirements.

Sec. 1119. 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 to local educational agencies in fiscal years after fiscal year 2001.

Sec. 1125A. Education finance incentive grant program.

Sec. 1126. Special allocation procedures.

Sec. 1127. Carryover and waiver.

Part B—State Assessment Grants

Sec. 1201. Grants for State assessments and related activities.

Sec. 1202. State option to conduct assessment system audit.

Sec. 1203. Allotment of appropriated funds.

Sec. 1204. Innovative assessment and accountability demonstration authority.

Part C—Education of Migratory Children

Sec. 1301. Program purposes.

Sec. 1302. Program authorized.

Sec. 1303. State allocations.

Sec. 1304. State applications; services.

Sec. 1305. Secretarial approval; peer review.

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

Sec. 1307. Bypass.

Sec. 1308. Coordination of migrant education activities.

Sec. 1309. Definitions.

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

Sec. 1401. Purpose and program authorization.

Sec. 1402. Payments for programs under this part.

Subpart 1—State Agency Programs

Sec. 1411. Eligibility.

Sec. 1412. Allocation of funds.

Sec. 1413. State reallocation of funds.

Sec. 1414. State plan and State agency applications.

Sec. 1415. Use of funds.

Sec. 1416. Institution-wide projects.

Sec. 1417. Three-year programs or projects.

Sec. 1418. Transition services.

Sec. 1419. Technical assistance.

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—Flexibility for Equitable Per-Pupil Funding

Sec. 1501. Flexibility for equitable per-pupil funding.

Part F—General Provisions

Sec. 1601. Federal regulations.

Sec. 1602. Agreements and records.

Sec. 1603. State administration.

Sec. 1604. Prohibition against Federal mandates, direction, or control.

Sec. 1605. Rule of construction on equalized spending.

Title II—Preparing, Training, and Recruiting High-Quality Teachers, Principals, and Other School Leaders

Sec. 2001. Purpose.

Sec. 2002. Definitions.

Sec. 2003. Authorization of appropriations.

Part A—Supporting Effective Instruction

Sec. 2101. Formula grants to States.

Sec. 2102. Subgrants to local educational agencies.

Sec. 2103. Local uses of funds.

Sec. 2104. Reporting.

Part B—National Activities

Sec. 2201. Reservations.

Subpart 1—Teacher and School Leader Incentive Program

Sec. 2211. Purposes; definitions.

Sec. 2212. Teacher and school leader incentive fund grants.

Sec. 2213. Reports.

Subpart 2—Literacy Education for All, Results for the Nation

Sec. 2221. Purposes; definitions.

Sec. 2222. Comprehensive literacy State development grants.

Sec. 2223. Subgrants to eligible entities in support of birth through kindergarten entry literacy.

Sec. 2224. Subgrants to eligible entities in support of kindergarten through grade 12 literacy.

Sec. 2225. National evaluation and information dissemination.

Sec. 2226. Innovative approaches to literacy.

Subpart 3—American History and Civics Education

Sec. 2231. Program authorized.

Sec. 2232. Presidential and congressional academies for American history and civics.

Sec. 2233. National activities.

Subpart 4—Programs of National Significance

Sec. 2241. Funding allotment.

Sec. 2242. Supporting effective educator development.

Sec. 2243. School leader recruitment and support.

Sec. 2244. Technical assistance and national evaluation.

Sec. 2245. STEM master teacher corps.

Part C—General Provisions

Sec. 2301. Supplement, not supplant.

Sec. 2302. Rules of construction.

Title III—Language Instruction for English Learners and Immigrant Students

Sec. 3001. Authorization of appropriations.

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

Sec. 3101. Short title.

Sec. 3102. Purposes.

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

Sec. 3111. Formula grants to States.

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

Sec. 3113. State and specially qualified agency plans.

Sec. 3114. Within-State allocations.

Sec. 3115. Subgrants to eligible entities.

Sec. 3116. Local plans.

Subpart 2—Accountability and Administration

Sec. 3121. Reporting.

Sec. 3122. Biennial reports.

Sec. 3123. Coordination with related programs.

Sec. 3124. Rules of construction.

Sec. 3125. Legal authority under State law.

Sec. 3126. Civil rights.

Sec. 3127. Programs for Native Americans and Puerto Rico.

Sec. 3128. Prohibition.

Subpart 3—National Activities

Sec. 3131. National professional development project.

Part B—General Provisions

Sec. 3201. Definitions.

Sec. 3202. National clearinghouse.

Sec. 3203. Regulations.

Title IV—21st Century Schools

Sec. 4001. General provisions.

Part A—Student Support and Academic Enrichment Grants

Subpart 1—Student Support and Academic Enrichment Grants

Sec. 4101. Purpose.

Sec. 4102. Definitions.

Sec. 4103. Formula grants to States.

Sec. 4104. State use of funds.

Sec. 4105. Allocations to local educational agencies.

Sec. 4106. Local educational agency applications.

Sec. 4107. Activities to support well-rounded educational opportunities.

Sec. 4108. Activities to support safe and healthy students.

Sec. 4109. Activities to support the effective use of technology.

Sec. 4110. Supplement, not supplant.

Sec. 4111. Rule of construction.

Sec. 4112. Authorization of appropriations.

Subpart 2—Internet Safety

4121. Internet safety.

Part B—21st Century Community Learning Centers

Sec. 4201. Purpose; definitions.

Sec. 4202. Allotments to States.

Sec. 4203. State application.

Sec. 4204. Local competitive subgrant program.

Sec. 4205. Local activities.

Sec. 4206. Authorization of appropriations.

Part C—Expanding Opportunity Through Quality Charter Schools

Sec. 4301. Purpose.

Sec. 4302. Program authorized.

Sec. 4303. Grants to support high-quality charter schools.

Sec. 4304. Facilities financing assistance.

Sec. 4305. National activities.

Sec. 4306. Federal formula allocation during first year and for successive enrollment expansions.

Sec. 4307. Solicitation of input from charter school operators.

Sec. 4308. Records transfer.

Sec. 4309. Paperwork reduction.

Sec. 4310. Definitions.

Sec. 4311. Authorization of appropriations.

Part D—Magnet Schools Assistance

Sec. 4401. Findings and purpose.

Sec. 4402. Definition.

Sec. 4403. Program authorized.

Sec. 4404. Eligibility.

Sec. 4405. Applications and requirements.

Sec. 4406. Priority.

Sec. 4407. Use of funds.

Sec. 4408. Limitations.

Sec. 4409. Authorization of appropriations; reservation.

Part E—Family Engagement in Education Programs

Sec. 4501. Purposes.

Sec. 4502. Grants authorized.

Sec. 4503. Applications.

Sec. 4504. Uses of funds.

Sec. 4505. Family engagement in Indian schools.

Sec. 4506. Authorization of appropriations.

Part F—National Activities

Sec. 4601. Authorization of appropriations; reservations.

Subpart 1—Education Innovation and Research

Sec. 4611. Grants for education innovation and research.

Subpart 2—Community Support for School Success

Sec. 4621. Purposes.

Sec. 4622. Definitions.

Sec. 4623. Program authorized.

Sec. 4624. Promise neighborhoods.

Sec. 4625. Full-service community schools.

Subpart 3—National Activities for School Safety

Sec. 4631. National activities for school safety.

Subpart 4—Academic Enrichment

Sec. 4641. Awards for academic enrichment.

Sec. 4642. Assistance for arts education.

Sec. 4643. Ready to learn programming.

Sec. 4644. Supporting high-ability learners and learning.

Title V—Flexibility and Accountability

Part A—Funding Transferability for State and Local Educational Agencies

Sec. 5101. Short title.

Sec. 5102. Purpose.

Sec. 5103. Transferability of funds.

Part B—Rural Education Initiative

Sec. 5201. Short title.

Sec. 5202. Purpose.

Subpart 1—Small, Rural School Achievement Program

Sec. 5211. Use of applicable funding.

Sec. 5212. Grant program authorized.

Subpart 2—Rural and Low-Income School Program

Sec. 5221. Program authorized.

Sec. 5222. Use of funds.

Sec. 5223. Applications.

Sec. 5224. Report.

Sec. 5225. Choice of participation.

Part C—General Provisions

Sec. 5301. Prohibition against Federal mandates, direction, or control.

Sec. 5302. Rule of construction on equalized spending.

Title VI—Indian, Native Hawaiian, and Alaska Native Education

Part A—Indian Education

Sec. 6101. Statement of policy.

Sec. 6102. Purpose.

Subpart 1—Formula Grants to Local Educational Agencies

Sec. 6111. Purpose.

Sec. 6112. Grants to local educational agencies and tribes.

Sec. 6113. Amount of grants.

Sec. 6114. Applications.

Sec. 6115. Authorized services and activities.

Sec. 6116. Integration of services authorized.

Sec. 6117. Student eligibility forms.

Sec. 6118. Payments.

Sec. 6119. State educational agency review.

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

Sec. 6121. Improvement of educational opportunities for Indian children and youth.

Sec. 6122. Professional development for teachers and education professionals.

Subpart 3—National Activities

Sec. 6131. National research activities.

Sec. 6132. Grants to tribes for education administrative planning, development, and coordination.

Sec. 6133. Native American and Alaska Native language immersion schools and programs.

Subpart 4—Federal Administration

Sec. 6141. National Advisory Council on Indian Education.

Sec. 6142. Peer review.

Sec. 6143. Preference for Indian applicants.

Sec. 6144. Minimum grant criteria.

Subpart 5—Definitions; Authorizations of Appropriations

Sec. 6151. Definitions.

Sec. 6152. Authorizations of appropriations.

Part B—Native Hawaiian Education

Sec. 6201. Short title.

Sec. 6202. Findings.

Sec. 6203. Purposes.

Sec. 6204. Native Hawaiian Education Council.

Sec. 6205. Program authorized.

Sec. 6206. Administrative provisions.

Sec. 6207. Definitions.

Part C—Alaska Native Education

Sec. 6301. Short title.

Sec. 6302. Findings.

Sec. 6303. Purposes.

Sec. 6304. Program authorized.

Sec. 6305. Administrative provisions.

Sec. 6306. Definitions.

Title VII—Impact Aid

Sec. 7001. Purpose.

Sec. 7002. Payments relating to Federal acquisition of real property.

Sec. 7003. Payments for eligible federally connected children.

Sec. 7004. Policies and procedures relating to children residing on Indian lands.

Sec. 7005. Application for payments under sections 7002 and 7003.

Sec. 7007. Construction.

Sec. 7008. Facilities.

Sec. 7009. State consideration of payments in providing State aid.

Sec. 7010. Federal administration.

Sec. 7011. Administrative hearings and judicial review.

Sec. 7012. Forgiveness of overpayments.

Sec. 7013. Definitions.

Sec. 7014. Authorization of appropriations.

Title VIII—General Provisions

Part A—Definitions

Sec. 8101. Definitions.

Sec. 8102. Applicability of title.

Sec. 8103. Applicability to Bureau of Indian Education operated schools.

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

Sec. 8201. Consolidation of State administrative funds for elementary and secondary education programs.

Sec. 8202. Single local educational agency States.

Sec. 8203. Consolidation of funds for local administration.

Sec. 8204. Consolidated set-aside for Department of the Interior funds.

Sec. 8205. Department staff.

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

Sec. 8301. Purposes.

Sec. 8302. Optional consolidated State plans or applications.

Sec. 8303. Consolidated reporting.

Sec. 8304. General applicability of State educational agency assurances.

Sec. 8305. Consolidated local plans or applications.

Sec. 8306. Other general assurances.

Part D—Waivers

Sec. 8401. Waivers of statutory and regulatory requirements.

Part E—Approval and Disapproval of State Plans and Local Applications

Sec. 8451. Approval and disapproval of State plans.

Sec. 8452. Approval and disapproval of local educational agency applications.

Part F—Uniform Provisions

Subpart 1—Private Schools

Sec. 8501. Participation by private school children and teachers.

Sec. 8502. Standards for by-pass.

Sec. 8503. Complaint process for participation of private school children.

Sec. 8504. By-pass determination process.

Sec. 8505. Prohibition against funds for religious worship or instruction.

Sec. 8506. Private, religious, and home schools.

Subpart 2—Other Provisions

Sec. 8521. Maintenance of effort.

Sec. 8522. Prohibition regarding State aid.

Sec. 8523. Privacy of assessment results.

Sec. 8524. School prayer.

Sec. 8525. Equal access to public school facilities.

Sec. 8526. Prohibited uses of funds

Sec. 8526A. Prohibition against Federal mandates, direction, or control.

Sec. 8527. Prohibitions on Federal Government and use of Federal funds.

Sec. 8528. Armed Forces recruiter access to students and student recruiting information.

Sec. 8529. Prohibition on federally sponsored testing.

Sec. 8530. Limitations on national testing or certification for teachers, principals, or other school leaders.

Sec. 8530A. Prohibition on requiring State participation.

Sec. 8531. Prohibition on nationwide database.

Sec. 8532. Unsafe school choice option.

Sec. 8533. Prohibition on discrimination.

Sec. 8534. Civil rights.

Sec. 8535. Rulemaking.

Sec. 8536. Severability.

Sec. 8537. Transfer of school disciplinary records.

Sec. 8538. Consultation with Indian tribes and tribal organizations.

Sec. 8539. Outreach and technical assistance for rural local educational agencies.

Sec. 8540. Consultation with the Governor.

Sec. 8541. Local governance.

Sec. 8542. Rule of construction regarding travel to and from school.

Sec. 8543. Limitations on school-based health centers.

Sec. 8544. State control over standards.

Sec. 8545. Sense of Congress on protecting student privacy.

Sec. 8546. Prohibition on aiding and abetting sexual abuse.

Sec. 8547. Sense of Congress on restoration of State sovereignty over public education.

Sec. 8548. Privacy.

Sec. 8549. Analysis and periodic review of departmental guidance.

Sec. 8549A. Sense of Congress.

Sec. 8549B. Sense of Congress on early learning and child care.

Sec. 8549C. Technical assistance.

Subpart 3—Teacher Liability Protection

Sec. 8551. Short title.

Sec. 8552. Purpose.

Sec. 8553. Definitions.

Sec. 8554. Applicability.

Sec. 8555. Preemption and election of State nonapplicability.

Sec. 8556. Limitation on liability for teachers.

Sec. 8557. Allocation of responsibility for noneconomic loss.

Sec. 8558. Effective date.

Subpart 4—Gun Possession

Sec. 8561. Gun-free requirements.

Subpart 5—Environmental Tobacco Smoke

Sec. 8571. Short title.

Sec. 8572. Definitions.

Sec. 8573. Nonsmoking policy for children’s services.

Sec. 8574. Preemption.

Part G—Evaluations

Sec. 8601. Evaluations.

.

I

Improving basic programs operated by State and local educational agencies

A

Improving basic programs operated by State and local educational agencies

1000.

Redesignations

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

(1)

by striking sections 1116, 1117, and 1119;

(2)

by redesignating section 1118 as section 1116;

(3)

by redesignating section 1120 as section 1117;

(4)

by redesignating section 1120A as section 1118; and

(5)

by redesignating section 1120B as section 1119.

1001.

Statement of purpose

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

1001.

Statement of purpose

The purpose of this title is to provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps.

.

1002.

Authorization of appropriations

Section 1002 (20 U.S.C. 6302) is amended to read as follows:

1002.

Authorization of appropriations

(a)

Local Educational Agency Grants

There are authorized to be appropriated to carry out the activities described in part A—

(1)

$15,012,317,605 for fiscal year 2017;

(2)

$15,457,459,042 for fiscal year 2018;

(3)

$15,897,371,442 for fiscal year 2019; and

(4)

$16,182,344,591 for fiscal year 2020.

(b)

State Assessments

There are authorized to be appropriated to carry out the activities described in part B, $378,000,000 for each of fiscal years 2017 through 2020.

(c)

Education of Migratory Children

There are authorized to be appropriated to carry out the activities described in part C, $374,751,000 for each of fiscal years 2017 through 2020.

(d)

Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-risk

There are authorized to be appropriated to carry out the activities described in part D, $47,614,000 for each of fiscal years 2017 through 2020.

(e)

Federal Activities

For the purpose of carrying out evaluation activities related to title I under section 8601, there are authorized to be appropriated $710,000 for each of fiscal years 2017 through 2020.

(f)

Sense of Congress regarding adjustments to authorizations of appropriations provided in this Act for future budget agreements

It is the sense of Congress that if legislation is enacted that revises the limits on discretionary spending established under section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)), the levels of appropriations authorized throughout this Act should be adjusted in a manner that is consistent with the adjustments in nonsecurity category funding provided for under the revised limits on discretionary spending.

.

1003.

School improvement

Section 1003 (20 U.S.C. 6303) is amended to read as follows:

1003.

School improvement

(a)

State reservations

To carry out subsection (b) and the State educational agency’s statewide system of technical assistance and support for local educational agencies, each State shall reserve the greater of—

(1)

7 percent of the amount the State receives under subpart 2 of part A; or

(2)

the sum of the amount the State—

(A)

reserved for fiscal year 2016 under this subsection, as in effect on the day before the date of enactment of the Every Student Succeeds Act; and

(B)

received for fiscal year 2016 under subsection (g), as in effect on the day before the date of enactment of the Every Student Succeeds Act.

(b)

Uses

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

(1)
(A)

shall allocate not less than 95 percent of that amount to make grants to local educational agencies on a formula or competitive basis, to serve schools implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d); or

(B)

may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision through other entities such as school support teams, educational service agencies, or nonprofit or for-profit external providers with expertise in using evidence-based strategies to improve student achievement, instruction, and schools; and

(2)

shall use the funds not allocated to local educational agencies under paragraph (1) to carry out this section, which shall include—

(A)

establishing the method, consistent with paragraph (1)(A), the State will use to allocate funds to local educational agencies under such paragraph, including ensuring—

(i)

the local educational agencies receiving an allotment under such paragraph represent the geographic diversity of the State; and

(ii)

that allotments are of sufficient size to enable a local educational agency to effectively implement selected strategies;

(B)

monitoring and evaluating the use of funds by local educational agencies receiving an allotment under such paragraph; and

(C)

as appropriate, reducing barriers and providing operational flexibility for schools in the implementation of comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d).

(c)

Duration

The State educational agency shall award each subgrant under subsection (b) for a period of not more than 4 years, which may include a planning year.

(d)

Rule of construction

Nothing in this section shall be construed as prohibiting a State from allocating subgrants under this section to a statewide school district, consortium of local educational agencies, or an educational service agency that serves schools implementing comprehensive support and improvement activities or targeted support and improvement activities, if such entities are legally constituted or recognized as local educational agencies in the State.

(e)

Application

To receive an allotment under subsection (b)(1), a local educational agency shall submit an application to the State educational agency at such time, in such form, and including such information as the State educational agency may require. Each application shall include, at a minimum—

(1)

a description of how the local educational agency will carry out its responsibilities under section 1111(d) for schools receiving funds under this section, including how the local educational agency will—

(A)

develop comprehensive support and improvement plans under section 1111(d)(1) for schools receiving funds under this section;

(B)

support schools developing or implementing targeted support and improvement plans under section 1111(d)(2), if funds received under this section are used for such purpose;

(C)

monitor schools receiving funds under this section, including how the local educational agency will carry out its responsibilities under clauses (iv) and (v) of section 1111(d)(2)(B) if funds received under this section are used to support schools implementing targeted support and improvement plans;

(D)

use a rigorous review process to recruit, screen, select, and evaluate any external partners with whom the local educational agency will partner;

(E)

align other Federal, State, and local resources to carry out the activities supported with funds received under subsection (b)(1); and

(F)

as appropriate, modify practices and policies to provide operational flexibility that enables full and effective implementation of the plans described in paragraphs (1) and (2) of section 1111(d); and

(2)

an assurance that each school the local educational agency proposes to serve will receive all of the State and local funds it would have received in the absence of funds received under this section.

(f)

Priority

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

(1)

serve high numbers, or a high percentage of, elementary schools and secondary schools implementing plans under paragraphs (1) and (2) of section 1111(d);

(2)

demonstrate the greatest need for such funds, as determined by the State; and

(3)

demonstrate the strongest commitment to using funds under this section to enable the lowest-performing schools to improve student achievement and student outcomes.

(g)

Unused funds

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

(1)

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

(2)

section 1126(c).

(h)

Special rule

Notwithstanding any other provision of this section, the amount of funds reserved by the State educational agency under subsection (a) for fiscal year 2018 and each subsequent 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.

(i)

Reporting

The State shall include in the report described in section 1111(h)(1) a list of all the local educational agencies and schools that received funds under this section, including the amount of funds each school received and the types of strategies implemented in each school with such funds.

.

1004.

Direct student services

The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting after section 1003 (20 U.S.C. 6303) the following:

1003A.

Direct student services

(a)

State reservation

(1)

In general

(A)

States

Each State educational agency, after meaningful consultation with geographically diverse local educational agencies described in subparagraph (B), may reserve not more than 3 percent of the amount the State educational agency receives under subpart 2 of part A for each fiscal year to carry out this section.

(B)

Consultation

A State educational agency shall consult under subparagraph (A) with local educational agencies that include—

(i)

suburban, rural, and urban local educational agencies;

(ii)

local educational agencies serving a high percentage of schools identified by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i); and

(iii)

local educational agencies serving a high percentage of schools implementing targeted support and improvement plans under section 1111(d)(2).

(2)

Program administration

Of the funds reserved under paragraph (1)(A), the State educational agency may use not more than 1 percent to administer the program described in this section.

(b)

Awards

(1)

In general

From the amount reserved under subsection (a) by a State educational agency, the State educational agency shall award grants to geographically diverse local educational agencies described in subsection (a)(1)(B)(i).

(2)

Priority

In making such awards, the State educational agency shall prioritize awards to local educational agencies serving the highest percentage of schools, as compared to other local educational agencies in the State—

(A)

identified by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i); or

(B)

implementing targeted support and improvement plans under section 1111(d)(2).

(c)

Local use of funds

A local educational agency receiving an award under this section—

(1)

may use not more than 1 percent of its award for outreach and communication to parents about available direct student services described in paragraph (3) in the local educational agency and State;

(2)

may use not more than 2 percent of its award for administrative costs related to such direct student services;

(3)

shall use the remainder of the award to pay the costs associated with one or more of the following direct student services—

(A)

enrollment and participation in academic courses not otherwise available at a student’s school, including—

(i)

advanced courses; and

(ii)

career and technical education coursework that—

(I)

is aligned with the challenging State academic standards; and

(II)

leads to industry-recognized credentials that meet the quality criteria established by the State under section 123(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102);

(B)

credit recovery and academic acceleration courses that lead to a regular high school diploma;

(C)

activities that assist students in successfully completing postsecondary level instruction and examinations that are accepted for credit at institutions of higher education (including Advanced Placement and International Baccalaureate courses), which may include reimbursing low-income students to cover part or all of the costs of fees for such examinations;

(D)

components of a personalized learning approach, which may include high-quality academic tutoring; and

(E)

in the case of a local educational agency that does not reserve funds under section 1111(d)(1)(D)(v), transportation to allow a student enrolled in a school identified for comprehensive support and improvement under section 1111(c)(4)(D)(i) to transfer to another public school (which may include a charter school) that has not been identified by the State under such section; and

(4)

in paying the costs associated with the direct student services described in paragraph (3), shall—

(A)

first, pay such costs for students who are enrolled in schools identified by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i);

(B)

second, pay such costs for low-achieving students who are enrolled in schools implementing targeted support and improvement plans under section 1111(d)(2); and

(C)

with any remaining funds, pay such costs for other low-achieving students served by the local educational agency.

(d)

Application

A local educational agency desiring to receive an award under subsection (b) shall submit an application to the State educational agency at such time and in such manner as the State educational agency shall require. At a minimum, each application shall describe how the local educational agency will—

(1)

provide adequate outreach to ensure parents can exercise a meaningful choice of direct student services for their child’s education;

(2)

ensure parents have adequate time and information to make a meaningful choice prior to enrolling their child in a direct student service;

(3)

in the case of a local educational agency offering public school choice under this section, ensure sufficient availability of seats in the public schools the local educational agency will make available for public school choice options;

(4)

prioritize services to students who are lowest-achieving;

(5)

select providers of direct student services, which may include one or more of—

(A)

the local educational agency or other local educational agencies;

(B)

community colleges or other institutions of higher education;

(C)

non-public entities;

(D)

community-based organizations; or

(E)

in the case of high-quality academic tutoring, a variety of providers of such tutoring that are selected and approved by the State and appear on the State’s list of such providers required under subsection (e)(2);

(6)

monitor the provision of direct student services; and

(7)

publicly report the results of direct student service providers in improving relevant student outcomes in a manner that is accessible to parents.

(e)

Providers and schools

A State educational agency that reserves an amount under subsection (a) shall—

(1)

ensure that each local educational agency that receives an award under this section and intends to provide public school choice under subsection (c)(3)(E) can provide a sufficient number of options to provide a meaningful choice for parents;

(2)

compile and maintain an updated list of State-approved high-quality academic tutoring providers that—

(A)

is developed using a fair negotiation and rigorous selection and approval process;

(B)

provides parents with meaningful choices;

(C)

offers a range of tutoring models, including online and on campus; and

(D)

includes only providers that—

(i)

have a demonstrated record of success in increasing students’ academic achievement;

(ii)

comply with all applicable Federal, State, and local health, safety, and civil rights laws; and

(iii)

provide instruction and content that is secular, neutral, and non-ideological;

(3)

ensure that each local educational agency receiving an award is able to provide an adequate number of high-quality academic tutoring options to ensure parents have a meaningful choice of services;

(4)

develop and implement procedures for monitoring the quality of services provided by direct student service providers; and

(5)

establish and implement clear criteria describing the course of action for direct student service providers that are not successful in improving student academic outcomes, which, for a high-quality academic tutoring provider, may include a process to remove State approval under paragraph (2).

.

1005.

State plans

Section 1111 (20 U.S.C. 6311) is amended to read as follows:

1111.

State plans

(a)

Filing for grants

(1)

In general

For any State desiring to receive a grant under this part, the State educational agency shall file with the Secretary a plan that is—

(A)

developed by the State educational agency with timely and meaningful consultation with the Governor, members of the State legislature and State board of education (if the State has a State board of education), local educational agencies (including those located in rural areas), representatives of Indian tribes located in the State, teachers, principals, other school leaders, charter school leaders (if the State has charter schools), specialized instructional support personnel, paraprofessionals, administrators, other staff, and parents; and

(B)

is coordinated with other programs under this Act, the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of 1973 (20 U.S.C. 701 et seq.), the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), the Education Sciences Reform Act of 2002 (20 U.S.C. 9501 et seq.), the Education Technical Assistance Act of 2002 (20 U.S.C. 9601 et. seq.), the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9621 et seq.), the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.), and the Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.).

(2)

Limitation

Consultation required under paragraph (1)(A) shall not interfere with the timely submission of the plan required under this section.

(3)

Consolidated plan

A State plan submitted under paragraph (1) may be submitted as part of a consolidated plan under section 8302.

(4)

Peer review and secretarial approval

(A)

In general

The Secretary shall—

(i)

establish a peer-review process to assist in the review of State plans;

(ii)

establish multidisciplinary peer-review teams and appoint members of such teams—

(I)

who are representative of—

(aa)

parents, teachers, principals, other school leaders, specialized instructional support personnel, State educational agencies, local educational agencies, and the community (including the business community); and

(bb)

researchers who are familiar with—

(AA)

the implementation of academic standards, assessments, or accountability systems; and

(BB)

how to meet the needs of disadvantaged students, children with disabilities, and English learners, the needs of low-performing schools, and other educational needs of students;

(II)

that include, to the extent practicable, majority representation of individuals who, in the most recent 2 years, have had practical experience in the classroom, school administration, or State or local government (such as direct employees of a school, local educational agency, or State educational agency); and

(III)

who represent a regionally diverse cross-section of States;

(iii)

make available to the public, including by such means as posting to the Department’s website, the list of peer reviewers who have reviewed State plans under this section;

(iv)

ensure that the peer-review teams consist of varied individuals so that the same peer reviewers are not reviewing all of the State plans;

(v)

approve a State plan not later than 120 days after its submission, unless the Secretary meets the requirements of clause (vi);

(vi)

have the authority to disapprove a State plan only if—

(I)

the Secretary—

(aa)

determines how the State plan fails to meet the requirements of this section;

(bb)

immediately provides to the State, in writing, notice of such determination, and the supporting information and rationale to substantiate such determination;

(cc)

offers the State an opportunity to revise and resubmit its State plan, and provides the State—

(AA)

technical assistance to assist the State in meeting the requirements of this section;

(BB)

in writing, all peer-review comments, suggestions, recommendations, or concerns relating to its State plan; and

(CC)

a hearing, unless the State declines the opportunity for such hearing; and

(II)

the State—

(aa)

does not revise and resubmit its State plan; or

(bb)

in a case in which a State revises and resubmits its State plan after a hearing is conducted under subclause (I)(cc)(CC), or after the State has declined the opportunity for such a hearing, the Secretary determines that such revised State plan does not meet the requirements of this section.

(B)

Purpose of peer review

The peer-review process shall be designed to—

(i)

maximize collaboration with each State;

(ii)

promote effective implementation of the challenging State academic standards through State and local innovation; and

(iii)

provide transparent, timely, and objective feedback to States designed to strengthen the technical and overall quality of the State plans.

(C)

Standard and nature of review

Peer reviewers shall conduct an objective review of State plans in their totality and out of respect for State and local judgments, with the goal of supporting State- and local-led innovation and providing objective feedback on the technical and overall quality of a State plan.

(D)

Prohibition

Neither the Secretary nor the political appointees of the Department, may attempt to participate in, or influence, the peer-review process.

(5)

Public review

All written communications, feedback, and notifications under this subsection shall be conducted in a manner that is transparent and immediately made available to the public on the Department’s website, including—

(A)

plans submitted or resubmitted by a State;

(B)

peer-review guidance, notes, and comments and the names of the peer reviewers (once the peer reviewers have completed their work);

(C)

State plan determinations by the Secretary, including approvals or disapprovals; and

(D)

notices and transcripts of hearings under this section.

(6)

Duration of the plan

(A)

In general

Each State plan shall—

(i)

remain in effect for the duration of the State’s participation under this part; and

(ii)

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

(B)

Additional information

(i)

In general

If a State makes significant changes to its plan at any time, such as the adoption of new challenging State academic standards or new academic assessments under subsection (b), or changes to its accountability system under subsection (c), such information shall be submitted to the Secretary in the form of revisions or amendments to the State plan.

(ii)

Review of revised plans

The Secretary shall review the information submitted under clause (i) and approve changes to the State plan, or disapprove such changes in accordance with paragraph (4)(A)(vi), within 90 days, without undertaking the peer-review process under such paragraph.

(iii)

Special rule for standards

If a State makes changes to its challenging State academic standards, the requirements of subsection (b)(1), including the requirement that such standards need not be submitted to the Secretary pursuant to subsection (b)(1)(A), shall still apply.

(7)

Failure to meet requirements

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

(8)

Public comment

Each State shall make the State plan publicly available for public comment for a period of not less than 30 days, by electronic means and in an easily accessible format, prior to submission to the Secretary for approval under this subsection. The State, in the plan it files under this subsection, shall provide an assurance that public comments were taken into account in the development of the State plan.

(b)

Challenging academic standards and academic assessments

(1)

Challenging State academic standards

(A)

In general

Each State, in the plan it files under subsection (a), shall provide an assurance that the State has adopted challenging academic content standards and aligned academic achievement standards (referred to in this Act as challenging State academic standards), which achievement standards shall include not less than 3 levels of achievement, that will be used by the State, its local educational agencies, and its schools to carry out this part. A State shall not be required to submit such challenging State academic standards to the Secretary.

(B)

Same standards

Except as provided in subparagraph (E), the standards required by subparagraph (A) shall—

(i)

apply to all public schools and public school students in the State; and

(ii)

with respect to academic achievement standards, include the same knowledge, skills, and levels of achievement expected of all public school students in the State.

(C)

Subjects

The State shall have such academic standards for mathematics, reading or language arts, and science, and may have such standards for any other subject determined by the State.

(D)

Alignment

(i)

In general

Each State shall demonstrate that the challenging State academic standards are aligned with entrance requirements for credit-bearing coursework in the system of public higher education in the State and relevant State career and technical education standards.

(ii)

Rule of Construction

Nothing in this Act shall be construed to authorize public institutions of higher education to determine the specific challenging State academic standards required under this paragraph.

(E)

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 for students with the most significant cognitive disabilities, provided those standards—

(I)

are aligned with the challenging State academic content standards under subparagraph (A);

(II)

promote access to the general education curriculum, consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);

(III)

reflect professional judgment as to the highest possible standards achievable by such students;

(IV)

are designated in the individualized education program developed under section 614(d)(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(3)) for each such student as the academic achievement standards that will be used for the student; and

(V)

are aligned to ensure that a student who meets the alternate academic achievement standards is on track to pursue postsecondary education or employment, consistent with the purposes of Public Law 93–112, as in effect on July 22, 2014.

(ii)

Prohibition on any other alternate or modified academic achievement standards

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

(F)

English language proficiency standards

Each State plan shall demonstrate that the State has adopted English language proficiency standards that—

(i)

are derived from the 4 recognized domains of speaking, listening, reading, and writing;

(ii)

address the different proficiency levels of English learners; and

(iii)

are aligned with the challenging State academic standards.

(G)

Prohibitions

(i)

Standards review or approval

A State shall not be required to submit any standards developed under this subsection to the Secretary for review or approval.

(ii)

Federal control

The Secretary shall not have the authority to mandate, direct, control, coerce, or exercise any direction or supervision over any of the challenging State academic standards adopted or implemented by a State.

(H)

Existing standards

Nothing in this part shall prohibit a State from revising, consistent with this section, any standards adopted under this part before or after the date of enactment of the Every Student Succeeds Act.

(2)

Academic assessments

(A)

In general

Each State plan shall demonstrate that the State educational agency, in consultation with local educational agencies, has implemented a set of high-quality student academic assessments in mathematics, reading or language arts, and science. The State retains the right to implement such assessments in any other subject chosen by the State.

(B)

Requirements

The assessments under subparagraph (A) shall—

(i)

except as provided in subparagraph (D), be—

(I)

the same academic assessments used to measure the achievement of all public elementary school and secondary school students in the State; and

(II)

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

(ii)

be aligned with the challenging State academic standards, and provide coherent and timely information about student attainment of such standards and whether the student is performing at the student's grade level;

(iii)

be used for purposes for which such assessments are valid and reliable, consistent with relevant, nationally recognized professional and technical testing standards, objectively measure academic achievement, knowledge, and skills, and be tests that do not evaluate or assess personal or family beliefs and attitudes, or publicly disclose personally identifiable information;

(iv)

be of adequate technical quality for each purpose required under this Act and consistent with the requirements of this section, the evidence of which shall be made public, including on the website of the State educational agency;

(v)
(I)

in the case of mathematics and reading or language arts, be administered—

(aa)

in each of grades 3 through 8; and

(bb)

at least once in grades 9 through 12;

(II)

in the case of science, be administered not less than one time during—

(aa)

grades 3 through 5;

(bb)

grades 6 through 9; and

(cc)

grades 10 through 12; and

(III)

in the case of any other subject chosen by the State, be administered at the discretion of the State;

(vi)

involve multiple up-to-date measures of student academic achievement, including measures that assess higher-order thinking skills and understanding, which may include measures of student academic growth and may be partially delivered in the form of portfolios, projects, or extended performance tasks;

(vii)

provide for—

(I)

the participation in such assessments of all students;

(II)

the appropriate accommodations, such as interoperability with, and ability to use, assistive technology, for children with disabilities (as defined in section 602(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3))), including students with the most significant cognitive disabilities, and students with a disability who are provided accommodations under an Act other than the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), necessary to measure the academic achievement of such children relative to the challenging State academic standards or alternate academic achievement standards described in paragraph (1)(E); and

(III)

the inclusion of English learners, who shall be assessed in a valid and reliable manner and provided appropriate 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 (G);

(viii)

at the State’s discretion—

(I)

be administered through a single summative assessment; or

(II)

be administered through multiple statewide interim assessments during the course of the academic year that result in a single summative score that provides valid, reliable, and transparent information on student achievement or growth;

(ix)

notwithstanding clause (vii)(III), provide for assessments (using tests in English) of reading or language arts of any student who has attended school in the United States (not including the Commonwealth of 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, provided that such student has not yet reached a level of English language proficiency sufficient to yield valid and reliable information on what such student knows and can do on tests (written in English) of reading or language arts;

(x)

produce individual student interpretive, descriptive, and diagnostic reports, consistent with clause (iii), regarding achievement on such assessments that allow parents, teachers, principals, and other school leaders to understand and address the specific academic needs of students, and that are provided to parents, teachers, and school leaders, as soon as is practicable after the assessment is given, in an understandable and uniform format, and to the extent practicable, in a language that parents can understand;

(xi)

enable results to be disaggregated within each State, local educational agency, and school by—

(I)

each major racial and ethnic group;

(II)

economically disadvantaged students as compared to students who are not economically disadvantaged;

(III)

children with disabilities as compared to children without disabilities;

(IV)

English proficiency status;

(V)

gender; and

(VI)

migrant status,

except that such disaggregation shall not be required in the case of a State, local educational agency, or a school in which the number of students in a subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student;
(xii)

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

(xiii)

be developed, to the extent practicable, using the principles of universal design for learning.

(C)

Exception for Advanced Mathematics in Middle School

A State may exempt any 8th grade student from the assessment in mathematics described in subparagraph (B)(v)(I)(aa) if—

(i)

such student takes the end-of-course assessment the State typically administers to meet the requirements of subparagraph (B)(v)(I)(bb) in mathematics;

(ii)

such student’s achievement on such end-of-course assessment is used for purposes of subsection (c)(4)(B)(i), in lieu of such student’s achievement on the mathematics assessment required under subparagraph (B)(v)(I)(aa), and such student is counted as participating in the assessment for purposes of subsection (c)(4)(B)(vi); and

(iii)

in high school, such student takes a mathematics assessment pursuant to subparagraph (B)(v)(I)(bb) that—

(I)

is any end-of-course assessment or other assessment that is more advanced than the assessment taken by such student under clause (i) of this subparagraph; and

(II)

shall be used to measure such student’s academic achievement for purposes of subsection (c)(4)(B)(i).

(D)

Alternate assessments for students with the most significant cognitive disabilities

(i)

Alternate assessments aligned with alternate academic achievement standards

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

(I)

consistent with clause (ii), ensures that, for each subject, the total number of students assessed in such subject using the alternate assessments does not exceed 1 percent of the total number of all students in the State who are assessed in such subject;

(II)

ensures that the parents of such students are clearly informed, as part of the process for developing the individualized education program (as defined in section 614(d)(1)(A) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)))—

(aa)

that their child’s academic achievement will be measured based on such alternate standards; and

(bb)

how participation in such assessments may delay or otherwise affect the student from completing the requirements for a regular high school diploma;

(III)

promotes, consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the involvement and progress of students with the most significant cognitive disabilities in the general education curriculum;

(IV)

describes in the State plan the steps the State has taken to incorporate universal design for learning, to the extent feasible, in alternate assessments;

(V)

describes in the State plan that general and special education teachers, and other appropriate staff—

(aa)

know how to administer the alternate assessments; and

(bb)

make appropriate use of accommodations for students with disabilities on all assessments required under this paragraph;

(VI)

develops, disseminates information on, and promotes the use of appropriate accommodations to increase the number of students with significant cognitive disabilities—

(aa)

participating in academic instruction and assessments for the grade level in which the student is enrolled; and

(bb)

who are tested based on challenging State academic standards for the grade level in which the student is enrolled; and

(VII)

does not preclude a student with the most significant cognitive disabilities who takes an alternate assessment based on alternate academic achievement standards from attempting to complete the requirements for a regular high school diploma.

(ii)

Special rules

(I)

Responsibility under idea

Subject to the authority and requirements for the individualized education program team for a child with a disability under section 614(d)(1)(A)(i)(VI)(bb) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VI)(bb)), such team, consistent with the guidelines established by the State and required under section 612(a)(16)(C) of such Act (20 U.S.C. 1412(c)(16)(C)) and clause (i)(II) of this subparagraph, shall determine when a child with a significant cognitive disability shall participate in an alternate assessment aligned with the alternate academic achievement standards.

(II)

Prohibition on local cap

Nothing in this subparagraph shall be construed to permit the Secretary or a State educational agency to impose on any local educational agency a cap on the percentage of students administered an alternate assessment under this subparagraph, except that a local educational agency exceeding the cap applied to the State under clause (i)(I) shall submit information to the State educational agency justifying the need to exceed such cap.

(III)

State support

A State shall provide appropriate oversight, as determined by the State, of any local educational agency that is required to submit information to the State under subclause (II).

(IV)

Waiver authority

This subparagraph shall be subject to the waiver authority under section 8401.

(E)

State authority

If a State educational agency provides evidence, which is satisfactory to the Secretary, that neither the State educational agency nor any other State government official, agency, or entity has sufficient authority, under State law, to adopt challenging State academic standards, and academic assessments aligned with such standards, which will be applicable to all students enrolled in the State’s public elementary schools and secondary schools, then the State educational agency may meet the requirements of this subsection by—

(i)

adopting academic standards and academic assessments that meet the requirements of this subsection, on a statewide basis, and limiting their applicability to students served under this part; or

(ii)

adopting and implementing policies that ensure that each local educational agency in the State that receives grants under this part will adopt academic content and student academic achievement standards, and academic assessments aligned with such standards, which—

(I)

meet all of the criteria in this subsection and any regulations regarding such standards and assessments that the Secretary may publish; and

(II)

are applicable to all students served by each such local educational agency.

(F)

Language assessments

(i)

In general

Each State plan shall identify the languages other than English that are present to a significant extent in the participating student population of the State and indicate the languages for which annual student academic assessments are not available and are needed.

(ii)

Secretarial assistance

The State shall make every effort to develop such assessments and may request assistance from the Secretary if linguistically accessible academic assessment measures are needed. Upon request, the Secretary shall assist with the identification of appropriate academic assessment measures in the needed languages, but shall not mandate a specific academic assessment or mode of instruction.

(G)

Assessments of English language proficiency

(i)

In general

Each State plan shall demonstrate that local educational agencies in the State will provide for an annual assessment of English proficiency of all English learners in the schools served by the State educational agency.

(ii)

Alignment

The assessments described in clause (i) shall be aligned with the State’s English language proficiency standards described in paragraph (1)(F).

(H)

Locally-selected assessment

(i)

In general

Nothing in this paragraph shall be construed to prohibit a local educational agency from administering a locally-selected assessment in lieu of the State-designed academic assessment under subclause (I)(bb) and subclause (II)(cc) of subparagraph (B)(v), if the local educational agency selects a nationally-recognized high school academic assessment that has been approved for use by the State as described in clause (iii) or (iv) of this subparagraph.

(ii)

State technical criteria

To allow for State approval of nationally-recognized high school academic assessments that are available for local selection under clause (i), a State educational agency shall establish technical criteria to determine if any such assessment meets the requirements of clause (v).

(iii)

State approval

If a State educational agency chooses to make a nationally-recognized high school assessment available for selection by a local educational agency under clause (i), which has not already been approved under this clause, such State educational agency shall—

(I)

conduct a review of the assessment to determine if such assessment meets or exceeds the technical criteria established by the State educational agency under clause (ii);

(II)

submit evidence in accordance with subsection (a)(4) that demonstrates such assessment meets the requirements of clause (v); and

(III)

after fulfilling the requirements of subclauses (I) and (II), approve such assessment for selection and use by any local educational agency that requests to use such assessment under clause (i).

(iv)

Local educational agency option

(I)

Local educational agency

If a local educational agency chooses to submit a nationally-recognized high school academic assessment to the State educational agency, subject to the approval process described in subclause (I) and subclause (II) of clause (iii) to determine if such assessment fulfills the requirements of clause (v), the State educational agency may approve the use of such assessment consistent with clause (i).

(II)

State educational agency

Upon such approval, the State educational agency shall approve the use of such assessment in any other local educational agency in the State that subsequently requests to use such assessment without repeating the process described in subclauses (I) and (II) of clause (iii).

(v)

Requirements

To receive approval from the State educational agency under clause (iii), a locally-selected assessment shall—

(I)

be aligned to the State’s academic content standards under paragraph (1), address the depth and breadth of such standards, and be equivalent in its content coverage, difficulty, and quality to the State-designed assessments under this paragraph (and may be more rigorous in its content coverage and difficulty than such State-designed assessments);

(II)

provide comparable, valid, and reliable data on academic achievement, as compared to the State-designed assessments, for all students and for each subgroup of students defined in subsection (c)(2), with results expressed in terms consistent with the State’s academic achievement standards under paragraph (1), among all local educational agencies within the State;

(III)

meet the requirements for the assessments under subparagraph (B) of this paragraph, including technical criteria, except the requirement under clause (i) of such subparagraph; and

(IV)

provide unbiased, rational, and consistent differentiation between schools within the State to meet the requirements of subsection (c).

(vi)

Parental notification

A local educational agency shall notify the parents of high school students served by the local educational agency—

(I)

of its request to the State educational agency for approval to administer a locally-selected assessment; and

(II)

upon approval, and at the beginning of each subsequent school year during which the locally selected assessment will be administered, that the local educational agency will be administering a different assessment than the State-designed assessments under subclause (I)(bb) and subclause (II)(cc) of subparagraph (B)(v).

(I)

Deferral

A State may defer the commencement, or suspend the administration, but not cease the development, of the assessments described in this paragraph, for 1 year for each year for which the amount appropriated for grants under part B is less than $369,100,000.

(J)

Adaptive Assessments

(i)

In General

Subject to clause (ii), a State retains the right to develop and administer computer adaptive assessments as the assessments described in this paragraph, provided the computer adaptive assessments meet the requirements of this paragraph, except that—

(I)

subparagraph (B)(i) shall not be interpreted to require that all students taking the computer adaptive assessment be administered the same assessment items; and

(II)

such assessment—

(aa)

shall measure, at a minimum, each student’s academic proficiency based on the challenging State academic standards for the student’s grade level and growth toward such standards; and

(bb)

may measure the student’s level of academic proficiency and growth using items above or below the student’s grade level, including for use as part of a State’s accountability system under subsection (c).

(ii)

Students with the most significant cognitive disabilities and English learners

In developing and administering computer adaptive assessments—

(I)

as the assessments allowed under subparagraph (D), a State shall ensure that such computer adaptive assessments—

(aa)

meet the requirements of this paragraph, including subparagraph (D), except such assessments shall not be required to meet the requirements of clause (i)(II); and

(bb)

assess the student's academic achievement to measure, in the subject being assessed, whether the student is performing at the student's grade level; and

(II)

as the assessments required under subparagraph (G), a State shall ensure that such computer adaptive assessments—

(aa)

meet the requirements of this paragraph, including subparagraph (G), except such assessment shall not be required to meet the requirements of clause (i)(II); and

(bb)

assess the student’s language proficiency, which may include growth towards such proficiency, in order to measure the student’s acquisition of English.

(K)

Rule of construction on parent rights

Nothing in this paragraph shall be construed as preempting a State or local law regarding the decision of a parent to not have the parent's child participate in the academic assessments under this paragraph.

(L)

Limitation on assessment time

Subject to Federal or State requirements related to assessments, evaluations, and accommodations, each State may, at the sole discretion of such State, set a target limit on the aggregate amount of time devoted to the administration of assessments for each grade, expressed as a percentage of annual instructional hours.

(3)

Exception for recently arrived English Learners

(A)

Assessments

With respect to recently arrived English learners who have been enrolled in a school in one of the 50 States in the United States or the District of Columbia for less than 12 months, a State may choose to—

(i)

exclude—

(I)

such an English learner from one administration of the reading or language arts assessment required under paragraph (2); and

(II)

such an English learner’s results on any of the assessments required under paragraph (2)(B)(v)(I) or (2)(G) for the first year of the English learner’s enrollment in such a school for the purposes of the State-determined accountability system under subsection (c); or

(ii)
(I)

assess, and report the performance of, such an English learner on the reading or language arts and mathematics assessments required under paragraph (2)(B)(v)(I) in each year of the student’s enrollment in such a school; and

(II)

for the purposes of the State-determined accountability system—

(aa)

for the first year of the student’s enrollment in such a school, exclude the results on the assessments described in subclause (I);

(bb)

include a measure of student growth on the assessments described in subclause (I) in the second year of the student’s enrollment in such a school; and

(cc)

include proficiency on the assessments described in subclause (I) in the third year of the student’s enrollment in such a school, and each succeeding year of such enrollment.

(B)

English learner subgroup

With respect to a student previously identified as an English learner and for not more than 4 years after the student ceases to be identified as an English learner, a State may include the results of the student’s assessments under paragraph (2)(B)(v)(I) within the English learner subgroup of the subgroups of students (as defined in subsection (c)(2)(D)) for the purposes of the State-determined accountability system.

(c)

Statewide accountability system

(1)

In general

Each State plan shall describe a statewide accountability system that complies with the requirements of this subsection and subsection (d).

(2)

Subgroup of students

In this subsection and subsection (d), the term subgroup of students means—

(A)

economically disadvantaged students;

(B)

students from major racial and ethnic groups;

(C)

children with disabilities; and

(D)

English learners.

(3)

Minimum number of students

Each State shall describe—

(A)

with respect to any provisions under this part that require disaggregation of information by each subgroup of students—

(i)

the minimum number of students that the State determines are necessary to be included to carry out such requirements and how that number is statistically sound, which shall be the same State-determined number for all students and for each subgroup of students in the State;

(ii)

how such minimum number of students was determined by the State, including how the State collaborated with teachers, principals, other school leaders, parents, and other stakeholders when determining such minimum number; and

(iii)

how the State ensures that such minimum number is sufficient to not reveal any personally identifiable information.

(4)

Description of system

The statewide accountability system described in paragraph (1) shall be based on the challenging State academic standards for reading or language arts and mathematics described in subsection (b)(1) to improve student academic achievement and school success. In designing such system to meet the requirements of this part, the State shall carry out the following:

(A)

Establishment of long-term goals

Establish ambitious State-designed long-term goals, which shall include measurements of interim progress toward meeting such goals—

(i)

for all students and separately for each subgroup of students in the State—

(I)

for, at a minimum, improved—

(aa)

academic achievement, as measured by proficiency on the annual assessments required under subsection (b)(2)(B)(v)(I); and

(bb)

high school graduation rates, including—

(AA)

the four-year adjusted cohort graduation rate; and

(BB)

at the State’s discretion, the extended-year adjusted cohort graduation rate, except that the State shall set a more rigorous long-term goal for such graduation rate, as compared to the long-term goal set for the four-year adjusted cohort graduation rate;

(II)

for which the term set by the State for such goals is the same multi-year length of time for all students and for each subgroup of students in the State; and

(III)

that, for subgroups of students who are behind on the measures described in items (aa) and (bb) of subclause (I), take into account the improvement necessary on such measures to make significant progress in closing statewide proficiency and graduation rate gaps; and

(ii)

for English learners, for increases in the percentage of such students making progress in achieving English language proficiency, as defined by the State and measured by the assessments described in subsection (b)(2)(G), within a State-determined timeline.

(B)

Indicators

Except for the indicator described in clause (iv), annually measure, for all students and separately for each subgroup of students, the following indicators:

(i)

For all public schools in the State, based on the long-term goals established under subparagraph (A), academic achievement—

(I)

as measured by proficiency on the annual assessments required under subsection (b)(2)(B)(v)(I); and

(II)

at the State’s discretion, for each public high school in the State, student growth, as measured by such annual assessments.

(ii)

For public elementary schools and secondary schools that are not high schools in the State—

(I)

a measure of student growth, if determined appropriate by the State; or

(II)

another valid and reliable statewide academic indicator that allows for meaningful differentiation in school performance.

(iii)

For public high schools in the State, and based on State-designed long term goals established under subparagraph (A)—

(I)

the four-year adjusted cohort graduation rate; and

(II)

at the State’s discretion, the extended-year adjusted cohort graduation rate.

(iv)

For public schools in the State, progress in achieving English language proficiency, as defined by the State and measured by the assessments described in subsection (b)(2)(G), within a State-determined timeline for all English learners—

(I)

in each of the grades 3 through 8; and

(II)

in the grade for which such English learners are otherwise assessed under subsection (b)(2)(B)(v)(I) during the grade 9 through grade 12 period, with such progress being measured against the results of the assessments described in subsection (b)(2)(G) taken in the previous grade.

(v)
(I)

For all public schools in the State, not less than one indicator of school quality or student success that—

(aa)

allows for meaningful differentiation in school performance;

(bb)

is valid, reliable, comparable, and statewide (with the same indicator or indicators used for each grade span, as such term is determined by the State); and

(cc)

may include one or more of the measures described in subclause (II).

(II)

For purposes of subclause (I), the State may include measures of—

(III)

student engagement;

(IV)

educator engagement;

(V)

student access to and completion of advanced coursework;

(VI)

postsecondary readiness;

(VII)

school climate and safety; and

(VIII)

any other indicator the State chooses that meets the requirements of this clause.

(C)

Annual meaningful differentiation

Establish a system of meaningfully differentiating, on an annual basis, all public schools in the State, which shall—

(i)

be based on all indicators in the State’s accountability system under subparagraph (B), for all students and for each of subgroup of students, consistent with the requirements of such subparagraph;

(ii)

with respect to the indicators described in clauses (i) through (iv) of subparagraph (B) afford—

(I)

substantial weight to each such indicator; and

(II)

in the aggregate, much greater weight than is afforded to the indicator or indicators utilized by the State and described in subparagraph (B)(v), in the aggregate; and

(iii)

include differentiation of any such school in which any subgroup of students is consistently underperforming, as determined by the State, based on all indicators under subparagraph (B) and the system established under this subparagraph.

(D)

Identification of schools

Based on the system of meaningful differentiation described in subparagraph (C), establish a State-determined methodology to identify—

(i)

beginning with school year 2017–2018, and at least once every three school years thereafter, one statewide category of schools for comprehensive support and improvement, as described in subsection (d)(1), which shall include—

(I)

not less than the lowest-performing 5 percent of all schools receiving funds under this part in the State;

(II)

all public high schools in the State failing to graduate one third or more of their students; and

(III)

public schools in the State described under subsection (d)(3)(A)(i)(II); and

(ii)

at the discretion of the State, additional statewide categories of schools.

(E)

Annual measurement of achievement

(i)

Annually measure the achievement of not less than 95 percent of all students, and 95 percent of all students in each subgroup of students, who are enrolled in public schools on the assessments described under subsection (b)(2)(v)(I).

(ii)

For the purpose of measuring, calculating, and reporting on the indicator described in subparagraph (B)(i), include in the denominator the greater of—

(I)

95 percent of all such students, or 95 percent of all such students in the subgroup, as the case may be; or

(II)

the number of students participating in the assessments.

(iii)

Provide a clear and understandable explanation of how the State will factor the requirement of clause (i) of this subparagraph into the statewide accountability system.

(F)

Partial attendance

(i)

In the case of a student who has not attended the same school within a local educational agency for at least half of a school year, the performance of such student on the indicators described in clauses (i), (ii), (iv), and (v) of subparagraph (B)—

(I)

may not be used in the system of meaningful differentiation of all public schools as described in subparagraph (C) for such school year; and

(II)

shall be used for the purpose of reporting on the State and local educational agency report cards under subsection (h) for such school year.

(ii)

In the case of a high school student who has not attended the same school within a local educational agency for at least half of a school year and has exited high school without a regular high school diploma and without transferring to another high school that grants a regular high school diploma during such school year, the local educational agency shall, in order to calculate the graduation rate pursuant to subparagraph (B)(iii), assign such student to the high school—

(I)

at which such student was enrolled for the greatest proportion of school days while enrolled in grades 9 through 12; or

(II)

in which the student was most recently enrolled.

(5)

Accountability for charter schools

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

(d)

School support and improvement activities

(1)

Comprehensive support and improvement

(A)

In general

Each State educational agency receiving funds under this part shall notify each local educational agency in the State of any school served by the local educational agency that is identified for comprehensive support and improvement under subsection (c)(4)(D)(i).

(B)

Local educational agency action

Upon receiving such information from the State, the local educational agency shall, for each school identified by the State and in partnership with stakeholders (including principals and other school leaders, teachers, and parents), locally develop and implement a comprehensive support and improvement plan for the school to improve student outcomes, that—

(i)

is informed by all indicators described in subsection (c)(4)(B), including student performance against State-determined long-term goals;

(ii)

includes evidence-based interventions;

(iii)

is based on a school-level needs assessment;

(iv)

identifies resource inequities, which may include a review of local educational agency and school-level budgeting, to be addressed through implementation of such comprehensive support and improvement plan;

(v)

is approved by the school, local educational agency, and State educational agency; and

(vi)

upon approval and implementation, is monitored and periodically reviewed by the State educational agency.

(C)

State educational agency discretion

With respect to any high school in the State identified under subsection (c)(4)(D)(i)(II), the State educational agency may—

(i)

permit differentiated improvement activities that utilize evidence-based interventions in the case of such a school that predominantly serves students—

(I)

returning to education after having exited secondary school without a regular high school diploma; or

(II)

who, based on their grade or age, are significantly off track to accumulate sufficient academic credits to meet high school graduation requirements, as established by the State; and

(ii)

in the case of such a school that has a total enrollment of less than 100 students, permit the local educational agency to forego implementation of improvement activities required under this paragraph.

(D)

Public school choice

(i)

In general

A local educational agency may provide all students enrolled in a school identified by the State for comprehensive support and improvement under subsection (c)(4)(D)(i) with the option to transfer to another public school served by the local educational agency, 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

A student who uses the option to transfer to another public school shall be enrolled in classes and other activities in the public school to which the student transfers in the same manner as all other students at the public school.

(iv)

Special rule

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

(v)

Funding for transportation

A local educational agency may spend an amount equal to not more than 5 percent of its allocation under subpart 2 of this part to pay for the provision of transportation for students who transfer under this paragraph to the public schools to which the students transfer.

(2)

Targeted support and improvement

(A)

In general

Each State educational agency receiving funds under this part shall, using the meaningful differentiation of schools described in subsection (c)(4)(C)—

(i)

notify each local educational agency in the State of any school served by the local educational agency in which any subgroup of students is consistently underperforming, as described in subsection (c)(4)(C)(iii); and

(ii)

ensure such local educational agency provides notification to such school with respect to which subgroup or subgroups of students in such school are consistently underperforming as described in subsection (c)(4)(C)(iii).

(B)

Targeted support and improvement plan

Each school receiving a notification described in this paragraph, in partnership with stakeholders (including principals and other school leaders, teachers and parents), shall develop and implement a school-level targeted support and improvement plan to improve student outcomes based on the indicators in the statewide accountability system established under subsection (c)(4), for each subgroup of students that was the subject of notification that—

(i)

is informed by all indicators described in subsection (c)(4)(B), including student performance against long-term goals;

(ii)

includes evidence-based interventions;

(iii)

is approved by the local educational agency prior to implementation of such plan;

(iv)

is monitored, upon submission and implementation, by the local educational agency; and

(v)

results in additional action following unsuccessful implementation of such plan after a number of years determined by the local educational agency.

(C)

Additional targeted support

A plan described in subparagraph (B) that is developed and implemented in any school receiving a notification under this paragraph from the local educational agency in which any subgroup of students, on its own, would lead to identification under subsection (c)(4)(D)(i)(I) using the State’s methodology under subsection (c)(4)(D) shall also identify resource inequities (which may include a review of local educational agency and school level budgeting), to be addressed through implementation of such plan.

(D)

Special rule

The State educational agency, based on the State’s differentiation of schools under subsection (c)(4)(C) for school year 2017–2018, shall notify local educational agencies of any schools served by the local educational agency in which any subgroup of students, on its own, would lead to identification under subsection (c)(4)(D)(i)(I) using the State’s methodology under subsection (c)(4)(D), after which notification of such schools under this paragraph shall result from differentiation of schools pursuant to subsection (c)(4)(C)(iii).

(3)

Continued support for school and local educational agency improvement

To ensure continued progress to improve student academic achievement and school success in the State, the State educational agency—

(A)

shall—

(i)

establish statewide exit criteria for—

(I)

schools identified by the State for comprehensive support and improvement under subsection (c)(4)(D)(i), which, if not satisfied within a State-determined number of years (not to exceed four years), shall result in more rigorous State-determined action, such as the implementation of interventions (which may include addressing school-level operations); and

(II)

schools described in paragraph (2)(C), which, if not satisfied within a State-determined number of years, shall, in the case of such schools receiving assistance under this part, result in identification of the school by the State for comprehensive support and improvement under subsection (c)(4)(D)(i)(III);

(ii)

periodically review resource allocation to support school improvement in each local educational agency in the State serving—

(I)

a significant number of schools identified for comprehensive support and improvement under subsection (c)(4)(D)(i); and

(II)

a significant number of schools implementing targeted support and improvement plans under paragraph (2); and

(iii)

provide technical assistance to each local educational agency in the State serving a significant number of—

(I)

schools implementing comprehensive support and improvement plans under paragraph (1); or

(II)

schools implementing targeted support and improvement plans under paragraph (2); and

(B)

may—

(i)

take action to initiate additional improvement in any local educational agency with—

(I)

a significant number of schools that are consistently identified by the State for comprehensive support and improvement under subsection (c)(4)(D)(i) and not meeting exit criteria established by the State under subparagraph (A)(i)(I); or

(II)

a significant number of schools implementing targeted support and improvement plans under paragraph (2); and

(ii)

consistent with State law, establish alternative evidence-based State determined strategies that can be used by local educational agencies to assist a school identified for comprehensive support and improvement under subsection (c)(4)(D)(i).

(4)

Rule of construction for collective bargaining

Nothing in this subsection shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to school or local educational agency 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 employers and their employees.

(e)

Prohibition

(1)

In general

Nothing in this Act shall be construed to authorize or permit the Secretary—

(A)

when promulgating any rule or regulation, to promulgate any rule or regulation on the development or implementation of the statewide accountability system established under this section that would—

(i)

add new requirements that are inconsistent with or outside the scope of this part;

(ii)

add new criteria that are inconsistent with or outside the scope of this part; or

(iii)

be in excess of statutory authority granted to the Secretary;

(B)

as a condition of approval of the State plan, or revisions or amendments to, the State plan, or approval of a waiver request submitted under section 8401, to—

(i)

require a State to add any requirements that are inconsistent with or outside the scope of this part;

(ii)

require a State to add or delete one or more specific elements of the challenging State academic standards; or

(iii)

prescribe—

(I)

numeric long-term goals or measurements of interim progress that States establish for all students, for any subgroups of students, and for English learners with respect to English language proficiency, under this part, including—

(aa)

the length of terms set by States in designing such goals; or

(bb)

the progress expected from any subgroups of students in meeting such goals;

(II)

specific academic assessments or assessment items that States or local educational agencies use to meet the requirements of subsection (b)(2) or otherwise use to measure student academic achievement or student growth under this part;

(III)

indicators that States use within the State accountability system under this section, including any requirement to measure student growth, or, if a State chooses to measure student growth, the specific metrics used to measure such growth under this part;

(IV)

the weight of any measure or indicator used to identify or meaningfully differentiate schools, under this part;

(V)

the specific methodology used by States to meaningfully differentiate or identify schools under this part;

(VI)

any specific school support and improvement strategies or activities that State or local educational agencies establish and implement to intervene in, support, and improve schools and improve student outcomes under this part;

(VII)

exit criteria established by States under subsection (d)(3)(A)(i);

(VIII)

provided that the State meets the requirements in subsection (c)(3), a minimum number of students established by a State under such subsection;

(IX)

any aspect or parameter of a teacher, principal, or other school leader evaluation system within a State or local educational agency;

(X)

indicators or specific measures of teacher, principal, or other school leader effectiveness or quality; or

(XI)

the way in which the State factors the requirement under subsection (c)(4)(E)(i) into the statewide accountability system under this section; or

(C)

to issue new non-regulatory guidance that—

(i)

in seeking to provide explanation of requirements under this section for State or local educational agencies, either in response to requests for information or in anticipation of such requests, provides a strictly limited or exhaustive list to illustrate successful implementation of provisions under this section; or

(ii)

purports to be legally binding; or

(D)

to require data collection under this part beyond data derived from existing Federal, State, and local reporting requirements.

(2)

Defining terms

In carrying out this part, the Secretary shall not, through regulation or as a condition of approval of the State plan or revisions or amendments to the State plan, promulgate a definition of any term used in this part, or otherwise prescribe any specification for any such term, that is inconsistent with or outside the scope of this part or is in violation of paragraph (1).

(f)

Existing State law

Nothing in this section shall be construed to alter any State law or regulation granting parents authority over schools that repeatedly failed to make adequate yearly progress under this part, as in effect on the day before the date of the enactment of the Every Student Succeeds Act.

(g)

Other plan provisions

(1)

Descriptions

Each State plan shall describe—

(A)

how the State will provide assistance to local educational agencies and individual elementary schools choosing to use funds under this part to support early childhood education programs;

(B)

how low-income and minority children enrolled in schools assisted under this part are not served at disproportionate rates by ineffective, out-of-field, or inexperienced teachers, and the measures the State educational agency will use to evaluate and publicly report the progress of the State educational agency with respect to such description (except that nothing in this subparagraph shall be construed as requiring a State to develop or implement a teacher, principal, or other school leader evaluation system);

(C)

how the State educational agency will support local educational agencies receiving assistance under this part to improve school conditions for student learning, including through reducing—

(i)

incidences of bullying and harassment;

(ii)

the overuse of discipline practices that remove students from the classroom; and

(iii)

the use of aversive behavioral interventions that compromise student health and safety;

(D)

how the State will support local educational agencies receiving assistance under this part in meeting the needs of students at all levels of schooling (particularly students in the middle grades and high school), including how the State will work with such local educational agencies to provide effective transitions of students to middle grades and high school to decrease the risk of students dropping out;

(E)

the steps a State educational agency will take to ensure collaboration with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.) to ensure the educational stability of children in foster care, including assurances that—

(i)

any such child enrolls or remains in such child’s school of origin, unless a determination is made that it is not in such child’s best interest to attend the school of origin, which decision shall be based on all factors relating to the child’s best interest, including consideration of the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement;

(ii)

when a determination is made that it is not in such child’s best interest to remain in the school of origin, the child is immediately enrolled in a new school, even if the child is unable to produce records normally required for enrollment;

(iii)

the enrolling school shall immediately contact the school last attended by any such child to obtain relevant academic and other records; and

(iv)

the State educational agency will designate an employee to serve as a point of contact for child welfare agencies and to oversee implementation of the State agency responsibilities required under this subparagraph, and such point of contact shall not be the State’s Coordinator for Education of Homeless Children and Youths under section 722(d)(3) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(d)(3));

(F)

how the State educational agency will provide support to local educational agencies in the identification, enrollment, attendance, and school stability of homeless children and youths; and

(G)

such other factors the State educational agency determines appropriate to provide students an opportunity to achieve the knowledge and skills described in the challenging State academic standards.

(2)

Assurances

Each State plan shall contain assurances that—

(A)

the State will make public any methods or criteria the State is using to measure teacher, principal, or other school leader effectiveness for the purpose of meeting the requirements described in paragraph (1)(B);

(B)

the State educational agency will notify local educational agencies, Indian tribes and tribal organizations, schools, teachers, parents, and the public of the challenging State academic standards, academic assessments, and State accountability system, developed under this section;

(C)

the State educational agency will assist each local educational agency and school affected by the State plan to meet the requirements of this part;

(D)

the State will participate in the biennial State academic assessments in reading and mathematics in grades 4 and 8 of the National Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9622(b)(3)) if the Secretary pays the costs of administering such assessments;

(E)

the State educational agency will modify or eliminate State fiscal and accounting barriers so that schools can easily consolidate funds from other Federal, State, and local sources to improve educational opportunities and reduce unnecessary fiscal and accounting requirements;

(F)

the State educational agency will support the collection and dissemination to local educational agencies and schools of effective parent and family engagement strategies, including those included in the parent and family engagement policy under section 1116;

(G)

the State educational agency will provide the least restrictive and burdensome regulations for local educational agencies and individual schools participating in a program assisted under this part;

(H)

the State educational agency will ensure that local educational agencies, in developing and implementing programs under this part, will, to the extent feasible, work in consultation with outside intermediary organizations (such as educational service agencies), or individuals, that have practical expertise in the development or use of evidence-based strategies and programs to improve teaching, learning, and schools;

(I)

the State educational agency has appropriate procedures and safeguards in place to ensure the validity of the assessment process;

(J)

the State educational agency will ensure that all teachers and paraprofessionals working in a program supported with funds under this part meet applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification;

(K)

the State educational agency will coordinate activities funded under this part with other Federal activities as appropriate;

(L)

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

(M)

the State has professional standards for paraprofessionals working in a program supported with funds under this part, including qualifications that were in place on the day before the date of enactment of the Every Student Succeeds Act; and

(N)

the State educational agency will provide the information described in clauses (ii), (iii), and (vii) of subsection (h)(1)(C) to the public in an easily accessible and user-friendly manner that can be cross-tabulated by, at a minimum, each major racial and ethnic group, gender, English proficiency status, and children with or without disabilities, which—

(i)

may be accomplished by including such information on the annual State report card described subsection (h)(1)(C); and

(ii)

shall be presented in a manner that—

(I)

is first anonymized and does not reveal personally identifiable information about an individual student;

(II)

does not include a number of students in any subgroup of students that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual student; and

(III)

is consistent with the requirements of section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly known as the Family Educational Rights and Privacy Act of 1974).

(3)

Rules of construction

Nothing in paragraph (2)(N) shall be construed to—

(A)

require groups of students obtained by any entity that cross-tabulates the information provided under such paragraph to be considered subgroups of students, as defined in subsection (c)(2), for the purposes of the State accountability system under subsection (c); or

(B)

require or prohibit States or local educational agencies from publicly reporting data in a cross-tabulated manner, in order to meet the requirements of paragraph (2)(N).

(4)

Technical assistance

Upon request by a State educational agency, the Secretary shall provide technical assistance to such agency to—

(A)

meet the requirements of paragraph (2)(N); or

(B)

in the case of a State educational agency choosing, at its sole discretion, to disaggregate data described in clauses (ii) and (iii)(II) of subsection (h)(1)(C) for Asian and Native Hawaiian or Pacific Islander students using the same race response categories as the decennial census of the population, assist such State educational agency in such disaggregation and in using such data to improve academic outcomes for such students.

(h)

Reports

(1)

Annual state report card

(A)

In general

A State that receives assistance under this part shall prepare and disseminate widely to the public an annual State report card for the State as a whole that meets the requirements of this paragraph.

(B)

Implementation

The State report card required under this paragraph shall be—

(i)

concise;

(ii)

presented in an understandable and uniform format that is developed in consultation with parents and, to the extent practicable, in a language that parents can understand; and

(iii)

widely accessible to the public, which shall include making available on a single webpage of the State educational agency’s website, the State report card, all local educational agency report cards for each local educational agency in the State required under paragraph (2), and the annual report to the Secretary under paragraph (5).

(C)

Minimum requirements

Each State report card required under this subsection shall include the following information:

(i)

A clear and concise description of the State’s accountability system under subsection (c), including—

(I)

the minimum number of students that the State determines are necessary to be included in each of the subgroups of students, as defined in subsection (c)(2), for use in the accountability system;

(II)

the long-term goals and measurements of interim progress for all students and for each of the subgroups of students, as defined in subsection (c)(2);

(III)

the indicators described in subsection (c)(4)(B) used to meaningfully differentiate all public schools in the State;

(IV)

the State’s system for meaningfully differentiating all public schools in the State, including—

(aa)

the specific weight of the indicators described in subsection (c)(4)(B) in such differentiation;

(bb)

the methodology by which the State differentiates all such schools;

(cc)

the methodology by which the State differentiates a school as consistently underperforming for any subgroup of students described in section (c)(4)(C)(iii), including the time period used by the State to determine consistent underperformance; and

(dd)

the methodology by which the State identifies a school for comprehensive support and improvement as required under subsection (c)(4)(D)(i);

(V)

the number and names of all public schools in the State identified by the State for comprehensive support and improvement under subsection (c)(4)(D)(i) or implementing targeted support and improvement plans under subsection (d)(2); and

(VI)

the exit criteria established by the State as required under clause (i) of subsection (d)(3)(A), including the length of years established under clause (i)(II) of such subsection.

(ii)

For all students and disaggregated by each subgroup of students described in subsection (b)(2)(B)(xi), homeless status, status as a child in foster care, and status as a student with a parent who is a member of the Armed Forces (as defined in section 101(a)(4) of title 10, United States Code) on active duty (as defined in section 101(d)(5) of such title), information on student achievement on the academic assessments described in subsection (b)(2) at each level of achievement, as determined by the State under subsection (b)(1).

(iii)

For all students and disaggregated by each of the subgroups of students, as defined in subsection (c)(2), and for purposes of subclause (II) of this clause, homeless status and status as a child in foster care—

(I)

information on the performance on the other academic indicator under subsection (c)(4)(B)(ii) for public elementary schools and secondary schools that are not high schools, used by the State in the State accountability system; and

(II)

high school graduation rates, including four-year adjusted cohort graduation rates and, at the State’s discretion, extended-year adjusted cohort graduation rates.

(iv)

Information on the number and percentage of English learners achieving English language proficiency.

(v)

For all students and disaggregated by each of the subgroups of students, as defined in subsection (c)(2), information on the performance on the other indicator or indicators of school quality or student success under subsection (c)(4)(B)(v) used by the State in the State accountability system.

(vi)

Information on the progress of all students and each subgroup of students, as defined in subsection (c)(2), toward meeting the State-designed long term goals under subsection (c)(4)(A), including the progress of all students and each such subgroup of students against the State measurements of interim progress established under such subsection.

(vii)

For all students and disaggregated by each subgroup of students described in subsection (b)(2)(B)(xi), the percentage of students assessed and not assessed.

(viii)

Information submitted by the State educational agency and each local educational agency in the State, in accordance with data collection conducted pursuant to section 203(c)(1) of the Department of Education Organization Act (20 U.S.C. 3413(c)(1)), on—

(I)

measures of school quality, climate, and safety, including rates of in-school suspensions, out-of-school suspensions, expulsions, school-related arrests, referrals to law enforcement, chronic absenteeism (including both excused and unexcused absences), incidences of violence, including bullying and harassment; and

(II)

the number and percentage of students enrolled in—

(aa)

preschool programs; and

(bb)

accelerated coursework to earn postsecondary credit while still in high school, such as Advanced Placement and International Baccalaureate courses and examinations, and dual or concurrent enrollment programs.

(ix)

The professional qualifications of teachers in the State, including information (that shall be presented in the aggregate and disaggregated by high-poverty compared to low-poverty schools) on the number and percentage of—

(I)

inexperienced teachers, principals, and other school leaders;

(II)

teachers teaching with emergency or provisional credentials; and

(III)

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

(x)

The per-pupil expenditures of Federal, State, and local funds, including actual personnel expenditures and actual nonpersonnel expenditures of Federal, State, and local funds, disaggregated by source of funds, for each local educational agency and each school in the State for the preceding fiscal year.

(xi)

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

(xii)

Results on the State academic assessments in reading and mathematics in grades 4 and 8 of the National Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9622(b)(3)), compared to the national average of such results.

(xiii)

Where available, for each high school in the State, and beginning with the report card prepared under this paragraph for 2017, the cohort rate (in the aggregate, and disaggregated for each subgroup of students defined in subsection (c)(2)), at which students who graduate from the high school enroll, for the first academic year that begins after the students’ graduation—

(I)

in programs of public postsecondary education in the State; and

(II)

if data are available and to the extent practicable, in programs of private postsecondary education in the State or programs of postsecondary education outside the State.

(xiv)

Any additional information that 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 schools and secondary schools, which may include the number and percentage of students attaining career and technical proficiencies (as defined by section 113(b) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2323(b)) and reported by States only in a manner consistent with section 113(c) of such Act (20 U.S.C. 2323(c)).

(D)

Rules of construction

Nothing in subparagraph (C)(viii) shall be construed as requiring—

(i)

reporting of any data that are not collected in accordance with section 203(c)(1) of the Department of Education Organization Act (20 U.S.C. 3413(c)(1); or

(ii)

disaggregation of any data other than as required under subsection (b)(2)(B)(xi).

(2)

Annual local educational agency report cards

(A)

Preparation and dissemination

A local educational agency that receives assistance under this part shall prepare and disseminate an annual local educational agency report card that includes information on such agency as a whole and each school served by the agency.

(B)

Implementation

Each local educational agency report card shall be—

(i)

concise;

(ii)

presented in an understandable and uniform format, and to the extent practicable, in a language that parents can understand; and

(iii)

accessible to the public, which shall include—

(I)

placing such report card on the website of the local educational agency; and

(II)

in any case in which a local educational agency does not operate a website, providing the information to the public in another manner determined by the local educational agency.

(C)

Minimum requirements

The State educational agency shall ensure that each local educational agency collects appropriate data and includes in the local educational agency’s annual report the information described in paragraph (1)(C), disaggregated in the same manner as required under such paragraph, except for clause (xii) of such paragraph, as applied to the local educational agency and each school served by the local educational agency, including—

(i)

in the case of a local educational agency, information that shows how students served by the local educational agency achieved on the academic assessments described in subsection (b)(2) compared to students in the State as a whole;

(ii)

in the case of a school, information that shows how the school’s students’ achievement on the academic assessments described in subsection (b)(2) compared to students served by the local educational agency and the State as a whole; and

(iii)

any other information that the local educational agency determines is appropriate and will best provide parents, students, and other members of the public with information regarding the progress of each public school served by the local educational agency, whether or not such information is included in the annual State report card.

(D)

Additional information

In the case of a local educational agency that issues a report card for all students, the local educational agency may include the information under this section as part of such report.

(3)

Preexisting report cards

A State educational agency or local educational agency may use public report cards on the performance of students, schools, local educational agencies, or the State, that were in effect prior to the date of enactment of the Every Student Succeeds Act for the purpose of this subsection, so long as any such report card is modified, as may be needed, to contain the information required by this subsection, and protects the privacy of individual students.

(4)

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.

(5)

Annual state report to the secretary

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

(A)

information on the achievement of students on the academic assessments required by subsection (b)(2), including the disaggregated results for the subgroups of students as defined in subsection (c)(2);

(B)

information on the acquisition of English proficiency by English learners;

(C)

the number and names of each public school in the State—

(i)

identified for comprehensive support and improvement under subsection (c)(4)(D)(i); and

(ii)

implementing targeted support and improvement plans under subsection (d)(2); and

(D)

information on the professional qualifications of teachers in the State, including information on the number and the percentage of the following teachers:

(i)

Inexperienced teachers.

(ii)

Teachers teaching with emergency or provisional credentials.

(iii)

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

(6)

Report to Congress

The Secretary shall transmit annually to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that provides national and State-level data on the information collected under paragraph (5). Such report shall be submitted through electronic means only.

(i)

Privacy

(1)

In General

Information collected or disseminated under this section (including any information collected for or included in the reports described in subsection (h)) shall be collected and disseminated in a manner that protects the privacy of individuals consistent with section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly known as the Family Educational Rights and Privacy Act of 1974) and this Act.

(2)

Sufficiency

The reports described in subsection (h) shall only include data that are sufficient to yield statistically reliable information.

(3)

Disaggregation

Disaggregation under this section shall not be required if such disaggregation will reveal personally identifiable information about any student, teacher, principal, or other school leader, or will provide data that are insufficient to yield statistically reliable information.

(j)

Voluntary partnerships

A State retains the right to enter into a voluntary partnership with another State to develop and implement the challenging State academic standards and assessments required under this section, except that the Secretary shall not attempt to influence, incentivize, or coerce State—

(1)

adoption of the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States, or assessments tied to such standards; or

(2)

participation in such partnerships.

(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 receiving funds under this part, the following shall apply until the requirements of section 8204(c) have been met:

(1)

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

(2)

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

(3)

Each such school that is accredited by a tribal accrediting agency or tribal division of education shall use an assessment and other academic indicators developed by such agency or division, except that the Secretary of the Interior shall ensure that such assessment and academic indicators meet the requirements of this section.

(l)

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.

.

1006.

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—

(A)

is developed with timely and meaningful consultation with teachers, principals, other school leaders, paraprofessionals, specialized instructional support personnel, charter school leaders (in a local educational agency that has charter schools), administrators (including administrators of programs described in other parts of this title), other appropriate school personnel, and with parents of children in schools served under this part; and

(B)

as appropriate, is coordinated with other programs under this Act, the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of 1973 (20 U.S.C. 701 et seq.), the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.), the Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.), and other Acts as appropriate.

(2)

Consolidated application

The plan may be submitted as part of a consolidated application under section 8305.

(3)

State approval

(A)

In general

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

(B)

Approval

The State educational agency shall approve a local educational agency’s plan only if the State educational agency determines that the local educational agency’s plan—

(i)

provides that schools served under this part substantially help children served under this part meet the challenging State academic standards; and

(ii)

meets the requirements of this section.

(4)

Duration

Each local educational agency plan shall be submitted for the first year for which this part is in effect following the date of enactment of the Every Student Succeeds Act and shall remain in effect for the duration of the agency’s participation under this part.

(5)

Review

Each local educational agency shall periodically review and, as necessary, revise its plan.

(6)

Rule of Construction

Consultation required under paragraph (1)(A) shall not interfere with the timely submission of the plan required under this section.

(b)

Plan provisions

To ensure that all children receive a high-quality education, and to close the achievement gap between children meeting the challenging State academic standards and those children who are not meeting such standards, each local educational agency plan shall describe—

(1)

how the local educational agency will monitor students’ progress in meeting the challenging State academic standards by—

(A)

developing and implementing a well-rounded program of instruction to meet the academic needs of all students;

(B)

identifying students who may be at risk for academic failure;

(C)

providing additional educational assistance to individual students the local educational agency or school determines need help in meeting the challenging State academic standards; and

(D)

identifying and implementing instructional and other strategies intended to strengthen academic programs and improve school conditions for student learning;

(2)

how the local educational agency will identify and address, as required under State plans as described in section 1111(g)(1)(B), any disparities that result in low-income students and minority students being taught at higher rates than other students by ineffective, inexperienced, or out-of-field teachers;

(3)

how the local educational agency will carry out its responsibilities under paragraphs (1) and (2) of section 1111(d);

(4)

the poverty criteria that will be used to select school attendance areas under section 1113;

(5)

in general, 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;

(6)

the services the local educational agency will provide homeless children and youths, including services provided with funds reserved under section 1113(c)(3)(A), to support the enrollment, attendance, and success of homeless children and youths, in coordination with the services the local educational agency is providing under the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.);

(7)

the strategy the local educational agency will use to implement effective parent and family engagement under section 1116;

(8)

if applicable, how the local educational agency will support, coordinate, and integrate services provided under this part with early childhood education programs at the local educational agency or individual school level, including plans for the transition of participants in such programs to local elementary school programs;

(9)

how teachers and school leaders, in consultation with parents, administrators, paraprofessionals, and specialized instructional support personnel, in schools operating a targeted assistance school program under section 1115, will identify the eligible children most in need of services under this part;

(10)

how the local educational agency will implement strategies to facilitate effective transitions for students from middle grades to high school and from high school to postsecondary education including, if applicable—

(A)

through coordination with institutions of higher education, employers, and other local partners; and

(B)

through increased student access to early college high school or dual or concurrent enrollment opportunities, or career counseling to identify student interests and skills;

(11)

how the local educational agency will support efforts to reduce the overuse of discipline practices that remove students from the classroom, which may include identifying and supporting schools with high rates of discipline, disaggregated by each of the subgroups of students, as defined in section 1111(c)(2);

(12)

if determined appropriate by the local educational agency, how such agency will support programs that coordinate and integrate—

(A)

academic and career and technical education content through coordinated instructional strategies, that may incorporate experiential learning opportunities and promote skills attainment important to in-demand occupations or industries in the State; and

(B)

work-based learning opportunities that provide students in-depth interaction with industry professionals and, if appropriate, academic credit; and

(13)

any other information on how the local educational agency proposes to use funds to meet the purposes of this part, and that the local educational agency determines appropriate to provide, which may include how the local educational agency will—

(A)

assist schools in identifying and serving gifted and talented students; and

(B)

assist schools in developing effective school library programs to provide students an opportunity to develop digital literacy skills and improve academic achievement.

(c)

Assurances

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

(1)

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

(2)

provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1117, and timely and meaningful consultation with private school officials regarding such services;

(3)

participate, if selected, in the National Assessment of Educational Progress 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 (20 U.S.C. 9622(b)(3));

(4)

coordinate and integrate services provided under this part with other educational services at the local educational agency or individual school level, such as services for English learners, children with disabilities, migratory children, American Indian, Alaska Native, and Native Hawaiian children, and homeless children and youths, in order to increase program effectiveness, eliminate duplication, and reduce fragmentation of the instructional program;

(5)

collaborate with the State or local child welfare agency to—

(A)

designate a point of contact if the corresponding child welfare agency notifies the local educational agency, in writing, that the agency has designated an employee to serve as a point of contact for the local educational agency; and

(B)

by not later than 1 year after the date of enactment of the Every Student Succeeds Act, develop and implement clear written procedures governing how transportation to maintain children in foster care in their school of origin when in their best interest will be provided, arranged, and funded for the duration of the time in foster care, which procedures shall—

(i)

ensure that children in foster care needing transportation to the school of origin will promptly receive transportation in a cost-effective manner and in accordance with section 475(4)(A) of the Social Security Act (42 U.S.C. 675(4)(A)); and

(ii)

ensure that, if there are additional costs incurred in providing transportation to maintain children in foster care in their schools of origin, the local educational agency will provide transportation to the school of origin if—

(I)

the local child welfare agency agrees to reimburse the local educational agency for the cost of such transportation;

(II)

the local educational agency agrees to pay for the cost of such transportation; or

(III)

the local educational agency and the local child welfare agency agree to share the cost of such transportation; and

(6)

ensure that all teachers and paraprofessionals working in a program supported with funds under this part meet applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification; and

(7)

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 performance standards established under section 641A(a) of the Head Start Act (42 U.S.C. 9836a(a)).

(d)

Special rule

For local educational agencies using funds under this part for the purposes described in subsection (c)(7), the Secretary shall—

(1)

consult with the Secretary of Health and Human Services and establish procedures (taking into consideration existing State and local laws, and local teacher contracts) to assist local educational agencies to comply with such subsection; and

(2)

disseminate to local educational agencies the education performance standards in effect under section 641A(a) of the Head Start Act (42 U.S.C. 9836a(a)), and such agencies affected by such subsection (c)(7) shall plan to comply with such subsection (taking into consideration existing State and local laws, and local teacher contracts), including by pursuing the availability of other Federal, State, and local funding sources to assist with such compliance.

(e)

Parents right-to-know

(1)

Information for parents

(A)

In general

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

(i)

Whether the student’s teacher—

(I)

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

(II)

is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived; and

(III)

is teaching in the field of discipline of the certification of the teacher.

(ii)

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

(B)

Additional information

In addition to the information that parents may request under subparagraph (A), a school that receives funds under this part shall provide to each individual parent of a child who is a student in such school, with respect to such student—

(i)

information on the level of achievement and academic growth of the student, if applicable and available, on each of the State academic assessments required under this part; and

(ii)

timely notice that the student has been assigned, or has been taught for 4 or more consecutive weeks by, a teacher who does not meet applicable State certification or licensure requirements at the grade level and subject area in which the teacher has been assigned.

(2)

Testing transparency

(A)

In general

At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the local educational agency will provide the parents on request (and in a timely manner), information regarding any State or local educational agency policy regarding student participation in any assessments mandated by section 1111(b)(2) and by the State or local educational agency, which shall include a policy, procedure, or parental right to opt the child out of such assessment, where applicable.

(B)

Additional information

Subject to subparagraph (C), each local educational agency that receives funds under this part shall make widely available through public means (including by posting in a clear and easily accessible manner on the local educational agency’s website and, where practicable, on the website of each school served by the local educational agency) for each grade served by the local educational agency, information on each assessment required by the State to comply with section 1111, other assessments required by the State, and where such information is available and feasible to report, assessments required districtwide by the local educational agency, including—

(i)

the subject matter assessed;

(ii)

the purpose for which the assessment is designed and used;

(iii)

the source of the requirement for the assessment; and

(iv)

where such information is available—

(I)

the amount of time students will spend taking the assessment, and the schedule for the assessment; and

(II)

the time and format for disseminating results.

(C)

Local educational agency that does not operate a website

In the case of a local educational agency that does not operate a website, such local educational agency shall determine how to make the information described in subparagraph (A) widely available, such as through distribution of that information to the media, through public agencies, or directly to parents.

(3)

Language instruction

(A)

Notice

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

(i)

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

(ii)

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

(iii)

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

(iv)

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

(v)

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

(vi)

the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for English learners, and the expected rate of graduation from high school (including four-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates for such program) if funds under this part are used for children in high schools;

(vii)

in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child, as described in section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)); and

(viii)

information pertaining to parental rights that includes written guidance—

(I)

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

(II)

detailing 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

(III)

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

(B)

Special rule applicable during the school year

For those children who have not been identified as English learners prior to the beginning of the school year but are identified as English learners during such school year, the local educational agency shall notify the children’s parents during the first 2 weeks of the child being placed in a language instruction educational program consistent with subparagraph (A).

(C)

Parental participation

(i)

In general

Each local educational agency receiving funds under this part shall implement an effective means of outreach to parents of English learners to inform the parents regarding how the parents can—

(I)

be involved in the education of their children; and

(II)

be active participants in assisting their children to—

(aa)

attain English proficiency;

(bb)

achieve at high levels within a well-rounded education; and

(cc)

meet the challenging State academic standards expected of all students.

(ii)

Regular meetings

Implementing an effective means of outreach to parents under clause (i) shall include holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this part or title III.

(D)

Basis for admission or exclusion

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

(4)

Notice and 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.

.

1007.

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)

Ranking

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 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)

Exception

A local educational agency may lower the threshold in subparagraph (A)(i) to 50 percent for high schools served by such agency.

; and

(B)

by striking paragraph (5) and inserting the following:

(5)

Measures

(A)

In general

Except as provided in subparagraph (B), a local educational agency shall use the same measure of poverty, which measure shall be the number of children aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), 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)

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—

(i)

the measure described under subparagraph (A); or

(ii)

subject to meeting the conditions of subparagraph (C), 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.

(C)

Measure of poverty

The local educational agency shall have the option to use the measure of poverty described in subparagraph (B)(ii) after—

(i)

conducting outreach to secondary schools within such agency to inform such schools of the option to use such measure; and

(ii)

a majority of such schools have approved the use of such measure.

;

(2)

in subsection (b)(1)(D)(i), by striking section 1120A(c) and inserting section 1118(c); and

(3)

in subsection (c)—

(A)

by striking paragraph (3) and inserting the following:

(3)

Reservation of funds

(A)

In general

A local educational agency shall reserve such funds as are necessary under this part, determined in accordance with subparagraphs (B) and (C), to provide services comparable to those provided to children in schools funded under this part to serve—

(i)

homeless children and youths, including providing educationally related support services to children in shelters and other locations where children may live;

(ii)

children in local institutions for neglected children; and

(iii)

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

(B)

Method of determination

The share of funds determined under subparagraph (A) shall be determined—

(i)

based on the total allocation received by the local educational agency; and

(ii)

prior to any allowable expenditures or transfers by the local educational agency.

(C)

Homeless children and youths

Funds reserved under subparagraph (A)(i) may be—

(i)

determined based on a needs assessment of homeless children and youths in the local educational agency, taking into consideration the number and needs of homeless children and youths in the local educational agency, and which needs assessment may be the same needs assessment as conducted under section 723(b)(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11433(b)(1)); and

(ii)

used to provide homeless children and youths with services not ordinarily provided to other students under this part, including providing—

(I)

funding for the liaison designated pursuant to section 722(g)(1)(J)(ii) of such Act (42 U.S.C. 11432(g)(1)(J)(ii)); and

(II)

transportation pursuant to section 722(g)(1)(J)(iii) of such Act (42 U.S.C. 11432(g)(1)(J)(iii)).

;

(B)

in paragraph (4), by striking school improvement, corrective action, and restructuring under section 1116(b) and inserting comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d); and

(C)

by adding at the end the following:

(5)

Early childhood education

A local educational agency may reserve funds made available to carry out this section to provide early childhood education programs for eligible children.

.

1008.

Schoolwide programs

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

(1)

by striking subsection (a) and inserting the following:

(a)

In general

(1)

Use of funds for schoolwide programs

(A)

Eligibility

A local educational agency may consolidate and use funds under this part, together with other Federal, State, and local funds, in order to upgrade the entire educational program of a school that serves an eligible school attendance area in which not less than 40 percent of the children are from low-income families, or not less than 40 percent of the children enrolled in the school are from such families.

(B)

Exception

A school that serves an eligible school attendance area in which less than 40 percent of the children are from low-income families, or a school for which less than 40 percent of the children enrolled in the school are from such families, may operate a schoolwide program under this section if the school receives a waiver from the State educational agency to do so, after taking into account how a schoolwide program will best serve the needs of the students in the school served under this part in improving academic achievement and other factors.

(2)

Identification of students not required

(A)

In general

No school participating in a schoolwide program shall be required to identify—

(i)

particular children under this part as eligible to participate in a schoolwide program; or

(ii)

individual services as supplementary.

(B)

Supplemental funds

In accordance with the method of determination described in section 1118(b)(2), a school participating in a schoolwide program shall use funds available to carry out this section only to supplement the amount of funds that would, in the absence of funds under this part, be made available from non-Federal sources for the school, including funds needed to provide services that are required by law for children with disabilities and English learners.

(3)

Exemption from statutory and regulatory requirements

(A)

Exemption

Except as provided in paragraph (2), the Secretary may, through publication of a notice in the Federal Register, exempt schoolwide programs under this section from statutory or regulatory provisions of any other noncompetitive formula grant program administered by the Secretary (other than formula or discretionary grant programs under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), except as provided in section 613(a)(2)(D) of such Act (20 U.S.C. 1413(a)(2)(D))), or any discretionary grant program administered by the Secretary, to support schoolwide programs if the intent and purposes of such other programs are met.

(B)

Requirements

A school that chooses to use funds from such other programs shall not be relieved of the requirements relating to health, safety, civil rights, student and parental participation and involvement, services to private school children, comparability of services, maintenance of effort, uses of Federal funds to supplement, not supplant non-Federal funds (in accordance with the method of determination described in section 1118(b)(2)), or the distribution of funds to State educational agencies or local educational agencies that apply to the receipt of funds from such programs.

(C)

Records

A school that chooses to consolidate and use funds from different Federal programs under this section shall not be required to maintain separate fiscal accounting records, by program, that identify the specific activities supported by those particular funds as long as the school maintains records that demonstrate that the schoolwide program, considered as a whole, addresses the intent and purposes of each of the Federal programs that were consolidated to support the schoolwide program.

;

(2)

by striking subsection (b) and inserting the following:

(b)

Schoolwide program plan

An eligible school operating a schoolwide program shall develop a comprehensive plan (or amend a plan for such a program that was in existence on the day before the date of the enactment of the Every Student Succeeds Act) that—

(1)

is developed during a 1-year period, unless—

(A)

the local educational agency determines, in consultation with the school, that less time is needed to develop and implement the schoolwide program; or

(B)

the school is operating a schoolwide program on the day before the date of the enactment of the Every Student Succeeds Act, in which case such school may continue to operate such program, but shall develop amendments to its existing plan during the first year of assistance after that date to reflect the provisions of this section;

(2)

is developed with the involvement of parents and other members of the community to be served and individuals who will carry out such plan, including teachers, principals, other school leaders, paraprofessionals present in the school, administrators (including administrators of programs described in other parts of this title), the local educational agency, to the extent feasible, tribes and tribal organizations present in the community, and, if appropriate, specialized instructional support personnel, technical assistance providers, school staff, if the plan relates to a secondary school, students, and other individuals determined by the school;

(3)

remains in effect for the duration of the school's participation under this part, except that the plan and its implementation shall be regularly monitored and revised as necessary based on student needs to ensure that all students are provided opportunities to meet the challenging State academic standards;

(4)

is available to the local educational agency, parents, and the public, and the information contained in such plan shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand; and

(5)

if appropriate and applicable, is developed in coordination and integration with other Federal, State, and local services, resources, and programs, such as programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head Start programs, adult education programs, career and technical education programs, and schools implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d);

(6)

is based on a comprehensive needs assessment of the entire school that takes into account information on the academic achievement of children in relation to the challenging State academic standards, particularly the needs of those children who are failing, or are at-risk of failing, to meet the challenging State academic standards and any other factors as determined by the local educational agency; and

(7)

includes a description of—

(A)

the strategies that the school will be implementing to address school needs, including a description of how such strategies will—

(i)

provide opportunities for all children, including each of the subgroups of students (as defined in section 1111(c)(2)) to meet the challenging State academic standards;

(ii)

use methods and instructional strategies that strengthen the academic program in the school, increase the amount and quality of learning time, and help provide an enriched and accelerated curriculum, which may include programs, activities, and courses necessary to provide a well-rounded education; and

(iii)

address the needs of all children in the school, but particularly the needs of those at risk of not meeting the challenging State academic standards, through activities which may include—

(I)

counseling, school-based mental health programs, specialized instructional support services, mentoring services, and other strategies to improve students’ skills outside the academic subject areas;

(II)

preparation for and awareness of opportunities for postsecondary education and the workforce, which may include career and technical education programs and broadening secondary school students’ access to coursework to earn postsecondary credit while still in high school (such as Advanced Placement, International Baccalaureate, dual or concurrent enrollment, or early college high schools);

(III)

implementation of a schoolwide tiered model to prevent and address problem behavior, and early intervening services, coordinated with similar activities and services carried out under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);

(IV)

professional development and other activities for teachers, paraprofessionals, and other school personnel to improve instruction and use of data from academic assessments, and to recruit and retain effective teachers, particularly in high-need subjects; and

(V)

strategies for assisting preschool children in the transition from early childhood education programs to local elementary school programs; and

(B)

if programs are consolidated, the specific State educational agency and local educational agency programs and other Federal programs that will be consolidated in the schoolwide program.

;

(3)

by striking subsection (c) and inserting the following:

(c)

Preschool programs

A school that operates a schoolwide program under this section may use funds available under this part to establish or enhance preschool programs for children who are under 6 years of age.

(d)

Delivery of services

The services of a schoolwide program under this section may be delivered by nonprofit or for-profit external providers with expertise in using evidence-based or other effective strategies to improve student achievement.

(e)

Use of funds for dual or concurrent enrollment programs

(1)

In general

A secondary school operating a schoolwide program under this section may use funds received under this part to operate dual or concurrent enrollment programs that address the needs of low-achieving secondary school students and those at risk of not meeting the challenging State academic standards.

(2)

Flexibility of funds

A secondary school using funds received under this part for a dual or concurrent enrollment program described in paragraph (1) may use such funds for any of the costs associated with such program, including the costs of—

(A)

training for teachers, and joint professional development for teachers in collaboration with career and technical educators and educators from institutions of higher education, where appropriate, for the purpose of integrating rigorous academics in such program;

(B)

tuition and fees, books, required instructional materials for such program, and innovative delivery methods; and

(C)

transportation to and from such program.

(3)

Rule of construction

Nothing in this subsection shall be construed to impose on any State any requirement or rule regarding dual or concurrent enrollment programs that is inconsistent with State law.

.

1009.

Targeted assistance schools

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

(1)

by striking subsection (a) and inserting the following:

(a)

In general

In all schools selected to receive funds under section 1113(c) that are ineligible for a schoolwide program under section 1114, have not received a waiver under section 1114(a)(1)(B) to operate such a schoolwide program, or choose not to operate such a schoolwide program, a local educational agency serving such school may use funds received under this part only for programs that provide services to eligible children under subsection (c) identified as having the greatest need for special assistance.

;

(2)

by redesignating subsections (b) and (c) as subsections (c) and (b), respectively, and moving those redesignated subsections so as to appear in alphabetical order;

(3)

by striking subsection (b), as redesignated by paragraph (2), and inserting the following:

(b)

Targeted assistance school program

To assist targeted assistance schools and local educational agencies to meet their responsibility to provide for all their students served under this part the opportunity to meet the challenging State academic standards, each targeted assistance program under this section shall—

(1)

determine which students will be served;

(2)

serve participating students identified as eligible children under subsection (c), including by—

(A)

using resources under this part to help eligible children meet the challenging State academic standards, which may include programs, activities, and academic courses necessary to provide a well-rounded education;

(B)

using methods and instructional strategies to strengthen the academic program of the school through activities, which may include—

(i)

expanded learning time, before- and after-school programs, and summer programs and opportunities; and

(ii)

a schoolwide tiered model to prevent and address behavior problems, and early intervening services, coordinated with similar activities and services carried out under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);

(C)

coordinating with and supporting the regular education program, which may include services to assist preschool children in the transition from early childhood education programs such as Head Start, the literacy program under subpart 2 of part B of title II, or State-run preschool programs to elementary school programs;

(D)

providing professional development with resources provided under this part, and, to the extent practicable, from other sources, to teachers, principals, other school leaders, paraprofessionals, and, if appropriate, specialized instructional support personnel, and other school personnel who work with eligible children in programs under this section or in the regular education program;

(E)

implementing strategies to increase the involvement of parents of eligible children in accordance with section 1116; and

(F)

if appropriate and applicable, coordinating and integrating Federal, State, and local services and programs, such as programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head Start programs, adult education programs, career and technical education programs, and comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d); and

(G)

provide to the local educational agency assurances that the school will—

(i)

help provide an accelerated, high-quality curriculum;

(ii)

minimize the removal of children from the regular classroom during regular school hours for instruction provided under this part; and

(iii)

on an ongoing basis, review the progress of eligible children and revise the targeted assistance program under this section, if necessary, to provide additional assistance to enable such children to meet the challenging State academic standards.

;

(4)

in subsection (c), as redesignated by paragraph (2)—

(A)

in paragraph (1)(B)—

(i)

by striking the State's challenging student academic achievement standards and inserting the challenging State academic standards; and

(ii)

by striking such criteria as teacher judgment, interviews with parents, and developmentally appropriate measures and inserting criteria, including objective criteria, established by the local educational agency and supplemented by the school; and

(B)

in paragraph (2)—

(i)

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

(ii)

in subparagraph (B)—

(I)

by striking the heading and inserting head start and preschool children; and

(II)

by striking Head Start, Even Start, or Early Reading First program, and inserting Head Start program, the literacy program under subpart 2 of part B of title II,; and

(iii)

in subparagraph (C), by striking the heading and inserting migrant children;

(5)

in subsection (e)—

(A)

in paragraph (2)(B)—

(i)

by striking and at the end of clause (ii);

(ii)

by redesignating clause (iii) as clause (v); and

(iii)

by inserting after clause (ii) the following new clauses:

(iii)

family support and engagement services;

(iv)

integrated student supports; and

; and

(iv)

in clause (v), as redesignated by clause (iii), by striking pupil services and inserting specialized instructional support; and

(B)

by striking paragraph (3); and

(6)

by adding at the end the following:

(f)

Use of funds for dual or concurrent enrollment programs

A secondary school operating a targeted assistance program under this section may use funds received under this part to provide dual or concurrent enrollment program services described under section 1114(e) to eligible children under subsection (c)(1)(B) who are identified as having the greatest need for special assistance.

(g)

Prohibition

Nothing in this section shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to require a local educational agency or school to submit the results of a comprehensive needs assessment or plan under section 1114(b), or a program described in subsection (b), for review or approval by the Secretary.

(h)

Delivery of services

The services of a targeted assistance program under this section may be delivered by nonprofit or for-profit external providers with expertise in using evidence-based or other effective strategies to improve student achievement.

.

1010.

Parent and family engagement

Section 1116, as redesignated by section 1000(2), is amended—

(1)

in the section heading, by striking Parental involvement and inserting Parent and family engagement;

(2)

in subsection (a)—

(A)

in paragraph (1)—

(i)

by inserting conducts outreach to all parents and family members and after only if such agency; and

(ii)

by inserting and family members after and procedures for the involvement of parents;

(B)

in paragraph (2)—

(i)

in the matter preceding subparagraph (A)—

(I)

by inserting and family members after , and distribute to, parents;

(II)

by striking written parent involvement policy and inserting written parent and family engagement policy; and

(III)

by striking expectations for parent involvement and inserting expectations and objectives for meaningful parent and family involvement; and

(ii)

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

(A)

involve parents and family members in jointly developing the local educational agency plan under section 1112, and the development of support and improvement plans under paragraphs (1) and (2) of section 1111(d).

(B)

provide the coordination, technical assistance, and other support necessary to assist and build the capacity of all participating schools within the local educational agency in planning and implementing effective parent and family involvement activities to improve student academic achievement and school performance, which may include meaningful consultation with employers, business leaders, and philanthropic organizations, or individuals with expertise in effectively engaging parents and family members in education;

(C)

coordinate and integrate parent and family engagement strategies under this part with parent and family engagement strategies, to the extent feasible and appropriate, with other relevant Federal, State, and local laws and programs;

(D)

conduct, with the meaningful involvement of parents and family members, an annual evaluation of the content and effectiveness of the parent and family engagement policy in improving the academic quality of all schools served under this part, including identifying—

(i)

barriers to greater participation by parents in activities authorized by this section (with particular attention to parents who are economically disadvantaged, are disabled, have limited English proficiency, have limited literacy, or are of any racial or ethnic minority background);

(ii)

the needs of parents and family members to assist with the learning of their children, including engaging with school personnel and teachers; and

(iii)

strategies to support successful school and family interactions;

(E)

use the findings of such evaluation in subparagraph (D) to design evidence-based strategies for more effective parental involvement, and to revise, if necessary, the parent and family engagement policies described in this section; and

(F)

involve parents in the activities of the schools served under this part, which may include establishing a parent advisory board comprised of a sufficient number and representative group of parents or family members served by the local educational agency to adequately represent the needs of the population served by such agency for the purposes of developing, revising, and reviewing the parent and family engagement policy.

; and

(C)

in paragraph (3)—

(i)

by striking subparagraph (A) and inserting the following:

(A)

In general

Each local educational agency shall reserve at least 1 percent of its allocation under subpart 2 to assist schools to carry out the activities described in this section, except that this subparagraph shall not apply if 1 percent of such agency's allocation under subpart 2 for the fiscal year for which the determination is made is $5,000 or less. Nothing in this subparagraph shall be construed to limit local educational agencies from reserving more than 1 percent of its allocation under subpart 2 to assist schools to carry out activities described in this section.

;

(ii)

in subparagraph (B), by striking (B) Parental input.—Parents of children and inserting (B) Parent and family member input.—Parents and family members of children;

(iii)

in subparagraph (C)—

(I)

by striking 95 percent and inserting 90 percent; and

(II)

by inserting , with priority given to high-need schools after schools served under this part; and

(iv)

by adding at the end the following:

(D)

Use of funds

Funds reserved under subparagraph (A) by a local educational agency shall be used to carry out activities and strategies consistent with the local educational agency’s parent and family engagement policy, including not less than 1 of the following:

(i)

Supporting schools and nonprofit organizations in providing professional development for local educational agency and school personnel regarding parent and family engagement strategies, which may be provided jointly to teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, early childhood educators, and parents and family members.

(ii)

Supporting programs that reach parents and family members at home, in the community, and at school.

(iii)

Disseminating information on best practices focused on parent and family engagement, especially best practices for increasing the engagement of economically disadvantaged parents and family members.

(iv)

Collaborating, or providing subgrants to schools to enable such schools to collaborate, with community-based or other organizations or employers with a record of success in improving and increasing parent and family engagement.

(v)

Engaging in any other activities and strategies that the local educational agency determines are appropriate and consistent with such agency’s parent and family engagement policy.

;

(3)

in subsection (b)—

(A)

in the subsection heading, by striking parental involvement policy and inserting parent and family engagement policy;

(B)

in paragraph (1)—

(i)

by inserting and family members after distribute to, parents; and

(ii)

by striking written parental involvement policy and inserting written parent and family engagement policy;

(C)

in paragraph (2)—

(i)

by striking parental involvement policy and inserting parent and family engagement policy; and

(ii)

by inserting and family members after that applies to all parents; and

(D)

in paragraph (3)—

(i)

by striking parental involvement policy and inserting parent and family engagement policy; and

(ii)

by inserting and family members in all schools served by the local educational agency after policy that applies to all parents;

(4)

in subsection (c)—

(A)

in paragraph (3)—

(i)

by striking parental involvement policy and inserting parent and family engagement policy; and

(ii)

by striking 1114(b)(2) and inserting 1114(b);

(B)

in paragraph (4)(B), by striking the proficiency levels students are expected to meet and inserting the achievement levels of the challenging State academic standards; and

(C)

in paragraph (5), by striking 1114(b)(2) and inserting 1114(b);

(5)

in subsection (d)—

(A)

in the matter preceding paragraph (1), by striking parental involvement policy and inserting parent and family engagement policy;

(B)

in paragraph (1)—

(i)

by striking the State’s student academic achievement standards and inserting the challenging State academic standards; and

(ii)

by striking , such as monitoring attendance, homework completion, and television watching; and

(C)

in paragraph (2)—

(i)

in subparagraph (B), by striking and after the semicolon;

(ii)

in subparagraph (C), by striking the period and inserting ; and; and

(iii)

by adding at the end the following:

(D)

ensuring regular two-way, meaningful communication between family members and school staff, and, to the extent practicable, in a language that family members can understand.

;

(6)

in subsection (e)—

(A)

in paragraph (1), by striking the State’s academic content standards and State student academic achievement standards and inserting the challenging State academic standards;

(B)

in paragraph (2), by striking technology and inserting technology (including education about the harms of copyright piracy);

(C)

in paragraph (3), by striking pupil services personnel, principals and inserting specialized instructional support personnel, principals, and other school leaders; and

(D)

in paragraph (4), by striking Head Start, Reading First, Early Reading First, Even Start, the Home Instruction Programs for Preschool Youngsters, the Parents as Teachers Program, and public preschool and other programs, and inserting other Federal, State, and local programs, including public preschool programs,;

(7)

by striking subsection (f) and inserting the following:

(f)

Accessibility

In carrying out the parent and family engagement requirements of this part, local educational agencies and schools, to the extent practicable, shall provide opportunities for the informed participation of parents and family members (including parents and family members who have limited English proficiency, parents and family members with disabilities, and parents and family members of migratory children), including providing information and school reports required under section 1111 in a format and, to the extent practicable, in a language such parents understand.

;

(8)

by striking subsection (g) and inserting the following:

(g)

Family engagement in education programs

In a State operating a program under part E of title IV, each local educational agency or school that receives assistance under this part shall inform parents and organizations of the existence of the program.

; and

(9)

in subsection (h), by striking parental involvement policies and inserting parent and family engagement policies.

1011.

Participation of children enrolled in private schools

Section 1117, as redesignated by section 1000(3), is amended—

(1)

in subsection (a)—

(A)

by striking paragraph (1) and inserting the following:

(1)

In general

To the extent consistent with the number of eligible children identified under section 1115(c) in the school district served by a local educational agency who are enrolled in private elementary schools and secondary schools, a local educational agency shall—

(A)

after timely and meaningful consultation with appropriate private school officials, provide such children, on an equitable basis and individually or in combination, as requested by the officials to best meet the needs of such children, special educational services, instructional services (including evaluations to determine the progress being made in meeting such students’ academic needs), counseling, mentoring, one-on-one tutoring, or other benefits under this part (such as dual or concurrent enrollment, educational radio and television, computer equipment and materials, other technology, and mobile educational services and equipment) that address their needs; and

(B)

ensure that teachers and families of the children participate, on an equitable basis, in services and activities developed pursuant to section 1116.

;

(B)

by striking paragraph (3) and inserting the following:

(3)

Equity

(A)

In general

Educational services and other benefits for such private school children shall be equitable in comparison to services and other benefits for public school children participating under this part, and shall be provided in a timely manner.

(B)

Ombudsman

To help ensure such equity for such private school children, teachers, and other educational personnel, the State educational agency involved shall designate an ombudsman to monitor and enforce the requirements of this part.

;

(C)

by striking paragraph (4) and inserting the following:

(4)

Expenditures

(A)

Determination

(i)

In general

Expenditures for educational services and other benefits to eligible private school children shall be equal to the proportion of funds allocated to participating school attendance areas based on the number of children from low-income families who attend private schools.

(ii)

Proportional share

The proportional share of funds shall be determined based on the total amount of funds received by the local educational agency under this part prior to any allowable expenditures or transfers by the local educational agency.

(B)

Obligation of funds

Funds allocated to a local educational agency for educational services and other benefits to eligible private school children shall be obligated in the fiscal year for which the funds are received by the agency.

(C)

Notice of allocation

Each State educational agency shall provide notice in a timely manner to the appropriate private school officials in the State of the allocation of funds for educational services and other benefits under this part that the local educational agencies have determined are available for eligible private school children.

(D)

Term of determination

The local educational agency may determine the equitable share under subparagraph (A) each year or every 2 years.

; and

(D)

in paragraph (5), by striking agency and inserting agency, or, in a case described in subsection (b)(6)(C), the State educational agency involved,;

(2)

in subsection (b)—

(A)

in paragraph (1)—

(i)

in the matter preceding subparagraph (A), by striking part, and inserting part. Such agency and private school officials shall both have the goal of reaching agreement on how to provide equitable and effective programs for eligible private school children, the results of which agreement shall be transmitted to the ombudsman designated under subsection (a)(3)(B). Such process shall include consultation;

(ii)

in subparagraph (E)—

(I)

by striking and before the proportion of funds;

(II)

by striking (a)(4) and inserting (a)(4)(A) ; and

(III)

by inserting , and how that proportion of funds is determined after such services;

(iii)

in subparagraph (G), by striking and after the semicolon;

(iv)

in subparagraph (H), by striking the period at the end and inserting a semicolon; and

(v)

by adding at the end the following:

(I)

whether the agency shall provide services directly or through a separate government agency, consortium, entity, or third-party contractor;

(J)

whether to provide equitable services to eligible private school children—

(i)

by creating a pool or pools of funds with all of the funds allocated under subsection (a)(4)(A) based on all the children from low-income families in a participating school attendance area who attend private schools; or

(ii)

in the agency’s participating school attendance area who attend private schools with the proportion of funds allocated under subsection (a)(4)(A) based on the number of children from low-income families who attend private schools;

(K)

when, including the approximate time of day, services will be provided; and

(L)

whether to consolidate and use funds provided under subsection (a)(4) in coordination with eligible funds available for services to private school children under applicable programs, as defined in section 8501(b)(1)to provide services to eligible private school children participating in programs.

;

(B)

by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively;

(C)

by inserting after paragraph (1) the following:

(2)

Disagreement

If a local educational agency disagrees with the views of private school officials with respect to an issue described in paragraph (1), the local educational agency shall provide in writing to such private school officials the reasons why the local educational agency disagrees.

;

(D)

in paragraph (5) (as redesignated by subparagraph (B))—

(i)

by inserting meaningful before consultation in the first sentence;

(ii)

by inserting The written affirmation shall provide the option for private school officials to indicate such officials’ belief that timely and meaningful consultation has not occurred or that the program design is not equitable with respect to eligible private school children. after occurred.; and

(iii)

by striking has taken place and inserting has, or attempts at such consultation have, taken place; and

(E)

in paragraph (6) (as redesignated by subparagraph (B))—

(i)

in subparagraph (A)—

(I)

by striking right to complain to and inserting right to file a complaint with;

(II)

by inserting asserting after State educational agency;

(III)

by striking or before did not give due consideration; and

(IV)

by inserting , or did not make a decision that treats the private school students equitably as required by this section before the period at the end;

(ii)

in subparagraph (B), by striking to complain, and inserting to file a complaint,; and

(iii)

by adding at the end the following:

(C)

State educational agencies

A State educational agency shall provide services under this section directly or through contracts with public or private agencies, organizations, or institutions, if the appropriate private school officials have—

(i)

requested that the State educational agency provide such services directly; and

(ii)

demonstrated that the local educational agency involved has not met the requirements of this section in accordance with the procedures for making such a request, as prescribed by the State educational agency.

;

(3)

in subsection (c)(2), by striking section 9505 and inserting section 8503; and

(4)

in subsection (e)(2), by striking sections 9503 and 9504 and inserting sections 8503 and 8504.

1012.

Supplement, not supplant

Section 1118, as redesignated by section 1000(4), is amended—

(1)

in subsection (a), by striking section 9521 and inserting section 8521; and

(2)

by striking subsection (b) and inserting the following:

(b)

Federal funds To supplement, not supplant, non-Federal funds

(1)

In general

A State educational agency or local educational agency shall use Federal funds received under this part only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for the education of students participating in programs assisted under this part, and not to supplant such funds.

(2)

Compliance

To demonstrate compliance with paragraph (1), a local educational agency shall demonstrate that the methodology used to allocate State and local funds to each school receiving assistance under this part ensures that such school receives all of the State and local funds it would otherwise receive if it were not receiving assistance under this part.

(3)

Special rule

No local educational agency shall be required to—

(A)

identify that an individual cost or service supported under this part is supplemental; or

(B)

provide services under this part through a particular instructional method or in a particular instructional setting in order to demonstrate such agency’s compliance with paragraph (1).

(4)

Prohibition

Nothing in this section shall be construed to authorize or permit the Secretary to prescribe the specific methodology a local educational agency uses to allocate State and local funds to each school receiving assistance under this part.

(5)

Timeline

A local educational agency—

(A)

shall meet the compliance requirement under paragraph (2) not later than 2 years after the date of enactment of the Every Student Succeeds Act; and

(B)

may demonstrate compliance with the requirement under paragraph (1) before the end of such 2-year period using the method such local educational agency used on the day before the date of enactment of the Every Student Succeeds Act.

.

1013.

Coordination requirements

Section 1119, as redesignated by section 1000(5), is amended—

(1)

in subsection (a)—

(A)

by striking such as the Early Reading First program; and

(B)

by adding at the end the following new sentence: Each local educational agency shall develop agreements with such Head Start agencies and other entities to carry out such activities.; and

(2)

in subsection (b)—

(A)

in the matter preceding paragraph (1), by striking early childhood development programs, such as the Early Reading First program, and inserting early childhood education programs;

(B)

in paragraph (1), by striking early childhood development program such as the Early Reading First program and inserting early childhood education program;

(C)

in paragraph (2), by striking early childhood development programs such as the Early Reading First program and inserting early childhood education programs;

(D)

in paragraph (3), by striking early childhood development programs such as the Early Reading First program and inserting early childhood education programs;

(E)

in paragraph (4)—

(i)

by striking Early Reading First program staff,; and

(ii)

by striking early childhood development program and inserting early childhood education program; and

(F)

in paragraph (5), by striking and entities carrying out Early Reading First programs.

1014.

Grants for the outlying areas and the Secretary of the Interior

Section 1121 (20 U.S.C. 6331) is amended to read as follows:

1121.

Grants for the outlying areas and the Secretary of the Interior

(a)

Reservation of funds

Subject to subsection (e), from the amount appropriated for payments to States for any fiscal year under section 1002(a), the Secretary shall—

(1)

reserve 0.4 percent to provide assistance to the outlying areas in accordance with subsection (b); and

(2)

reserve 0.7 percent to provide assistance to the Secretary of the Interior in accordance with subsection (d).

(b)

Assistance to outlying areas

(1)

Funds reserved

From the amount made available for any fiscal year under subsection (a)(1), the Secretary shall—

(A)

first reserve $1,000,000 for the Republic of Palau, until Palau enters into an agreement for extension of United States educational assistance under the Compact of Free Association, and subject to such terms and conditions as the Secretary may establish, except that Public Law 95–134, permitting the consolidation of grants, shall not apply; and

(B)

use the remaining funds to award grants to the outlying areas in accordance with paragraphs (2) through (5).

(2)

Amount of grants

The Secretary shall allocate the amount available under paragraph (1)(B) to the outlying areas in proportion to their relative numbers of children, aged 5 to 17, inclusive, from families below the poverty level, on the basis of the most recent satisfactory data available from the Department of Commerce.

(3)

Hold-harmless amounts

For each fiscal year, the amount made available to each outlying area under this subsection shall be—

(A)

not less than 95 percent of the amount made available for the preceding fiscal year if the number of children counted under paragraph (2) is not less than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the outlying area;

(B)

not less than 90 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is between 15 percent and 30 percent; and

(C)

not less than 85 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is below 15 percent.

(4)

Ratable reductions

If the amount made available under paragraph (1)(B) for any fiscal year is insufficient to pay the full amounts that the outlying areas are eligible to receive under paragraphs (2) and (3) for that fiscal year, the Secretary shall ratably reduce those amounts.

(5)

Uses

Grant funds awarded under paragraph (1)(A) may be used only—

(A)

for programs described in this Act, including teacher training, curriculum development, instructional materials, or general school improvement and reform; and

(B)

to provide direct educational services that assist all students with meeting the challenging State academic standards.

(c)

Definitions

For the purpose of this section, the term outlying area means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(d)

Allotment to the secretary of the interior

(1)

In general

The amount allotted for payments to the Secretary of the Interior under subsection (a)(2) for any fiscal year shall be used, in accordance with such criteria as the Secretary may establish, to meet the unique educational needs of—

(A)

Indian children on reservations served by elementary schools and secondary schools for Indian children operated or supported by the Department of the Interior; and

(B)

out-of-State Indian children in elementary schools and secondary schools in local educational agencies under special contracts with the Department of the Interior.

(2)

Payments

From the amount allotted for payments to the Secretary of the Interior under subsection (a)(2), the Secretary of the Interior shall make payments to local educational agencies, on such terms as the Secretary determines will best carry out the purposes of this part, with respect to out-of-State Indian children described in paragraph (1). The amount of such payment may not exceed, for each such child, the greater of—

(A)

40 percent of the average per-pupil expenditure in the State in which the agency is located; or

(B)

48 percent of such expenditure in the United States.

(e)

Limitation on applicability

If, by reason of the application of subsection (a) for any fiscal year, the total amount available for allocation to all States under this part would be less than the amount allocated to all States for fiscal year 2016 under this part, the Secretary shall provide assistance to the outlying areas and the Secretary of the Interior in accordance with this section, as in effect on the day before the date of enactment of the Every Student Succeeds Act.

.

1015.

Allocations to States

Section 1122(a) (20 U.S.C. 6332(a)) is amended—

(1)

in the matter preceding paragraph (1), by striking 2002–2007 and inserting 2017–2020; and

(2)

by striking paragraph (3) and inserting the following:

(3)

an amount equal to 100 percent of the amount, if any, by which the total amount made available under this subsection for the current fiscal year for which the determination is made exceeds the total amount available to carry out sections 1124 and 1124A for fiscal year 2001 shall be used to carry out sections 1125 and 1125A and such amount shall be divided equally between sections 1125 and 1125A.

.

1016.

Adequacy of funding rule

Section 1125AA (20 U.S.C. 6336) is amended by striking the section heading and all that follows through Pursuant and inserting the following: Adequacy of Funding to Local Educational Agencies in Fiscal Years After Fiscal Year 2001.—Pursuant.

1017.

Education finance incentive grant program

Section 1125A (20 U.S.C. 6337) is amended—

(1)

in subsection (a), by striking funds appropriated under subsection (f) and inserting funds made available under section 1122(a);

(2)

in subsection (b)(1)—

(A)

in subparagraph (A), by striking appropriated pursuant to subsection (f) and inserting made available for any fiscal year to carry out this section; and

(B)

in subparagraph (B)(i), by striking total appropriations and inserting the total amount reserved under section 1122(a) to carry out this section;

(3)

in subsection (c), by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively;

(4)

in subsection (d)(1)(A)(ii), by striking clause “(i) and inserting clause (i);

(5)

by striking subsection (e) and inserting the following:

(e)

Maintenance of effort

(1)

In general

A State is entitled to receive its full allotment of funds under this section for any fiscal year if the Secretary finds that the State’s fiscal effort per student or the aggregate expenditures of the State with respect to the provision of free public education by the State for the preceding fiscal year was not less than 90 percent of the fiscal effort or aggregate expenditures for the second preceding fiscal year, subject to the requirements of paragraph (2).

(2)

Reduction in case of failure to meet

(A)

In general

The Secretary shall reduce the amount of the allotment of funds under this section for any fiscal year in the exact proportion by which a State fails to meet the requirement of paragraph (1) by falling below 90 percent of both the fiscal effort per student and aggregate expenditures (using the measure most favorable to the State), if such State has also failed to meet such requirement (as determined using the measure most favorable to the State) for 1 or more of the 5 immediately preceding fiscal years.

(B)

Special rule

No such lesser amount shall be used for computing the effort required under paragraph (1) for subsequent years.

(3)

Waiver

The Secretary may waive the requirements of this subsection if the Secretary determines that a waiver would be equitable due to—

(A)

exceptional or uncontrollable circumstances, such as a natural disaster or a change in the organizational structure of the State; or

(B)

a precipitous decline in the financial resources of the State.

;

(6)

by striking subsection (f);

(7)

by redesignating subsection (g) as subsection (f); and

(8)

in subsection (f), as redesignated by paragraph (7)—

(A)

in paragraph (1), by striking under this section and inserting to carry out this section; and

(B)

in paragraph (3), in the matter preceding subparagraph (A), by striking shall be and inserting shall be—.

B

State assessment grants

1201.

State assessment grants

Part B of title I (20 U.S.C. 6361 et seq.) is amended to read as follows:

B

State assessment grants

1201.

Grants for State assessments and related activities

(a)

Grants authorized

From amounts made available in accordance with section 1203, the Secretary shall make grants to State educational agencies to enable the States to carry out 1 or more of the following:

(1)

To pay the costs of the development of the State assessments and standards adopted under section 1111(b), which may include the costs of working in voluntary partnerships with other States, at the sole discretion of each such State.

(2)

If a State has developed the assessments adopted under section 1111(b), to administer those assessments or to carry out other assessment activities described in this part, such as the following:

(A)

Ensuring the provision of appropriate accommodations available to English learners and children with disabilities to improve the rates of inclusion in regular assessments of such children, including professional development activities to improve the implementation of such accommodations in instructional practice.

(B)

Developing challenging State academic standards and aligned assessments in academic subjects for which standards and assessments are not required under section 1111(b).

(C)

Developing or improving assessments for English learners, including assessments of English language proficiency as required under section 1111(b)(2)(G) and academic assessments in languages other than English to meet the State’s obligations under section 1111(b)(2)(F).

(D)

Ensuring the continued validity and reliability of State assessments.

(E)

Refining State assessments to ensure their continued alignment with the challenging State academic standards and to improve the alignment of curricula and instructional materials.

(F)

Developing or improving balanced assessment systems that include summative, interim, and formative assessments, including supporting local educational agencies in developing or improving such assessments.

(G)

At the discretion of the State, refining science assessments required under section 1111(b)(2) in order to integrate engineering design skills and practices into such assessments.

(H)

Developing or improving models to measure and assess student progress or student growth on State assessments under section 1111(b)(2) and other assessments not required under section 1111(b)(2).

(I)

Developing or improving assessments for children with disabilities, including alternate assessments aligned to alternate academic achievement standards for students with the most significant cognitive disabilities described in section 1111(b)(2)(D), and using the principles of universal design for learning.

(J)

Allowing for collaboration with institutions of higher education, other research institutions, or other organizations to improve the quality, validity, and reliability of State academic assessments beyond the requirements for such assessments described in section 1111(b)(2).

(K)

Measuring student academic achievement using multiple measures of student academic achievement from multiple sources.

(L)

Evaluating student academic achievement through the development of comprehensive academic assessment instruments (such as performance and technology-based academic assessments, computer adaptive assessments, projects, or extended performance task assessments) that emphasize the mastery of standards and aligned competencies in a competency-based education model.

(M)

Designing the report cards and reports under section 1111(h) in an easily accessible, user friendly-manner that cross-tabulates student information by any category the State determines appropriate, as long as such cross-tabulation—

(i)

does not reveal personally identifiable information about an individual student; and

(ii)

is derived from existing State and local reporting requirements.

(b)

Rule of construction

Nothing in subsection (a)(2)(M) shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary unless such reporting, data, or information is explicitly authorized under this Act.

(c)

Annual report

Each State educational agency receiving a grant under this section shall submit an annual report to the Secretary describing the State's activities under the grant and the result of such activities.

1202.

State option to conduct assessment system audit

(a)

In general

From the amount reserved under section 1203(a)(3) for a fiscal year, the Secretary shall make grants to States to enable the States to—

(1)

in the case of a grant awarded under this section to a State for the first time—

(A)

audit State assessment systems and ensure that local educational agencies audit local assessments under subsection (e)(1);

(B)

execute the State plan under subsection (e)(3)(D); and

(C)

award subgrants under subsection (f); and

(2)

in the case of a grant awarded under this section to a State that has previously received a grant under this section—

(A)

execute the State plan under subsection (e)(3)(D); and

(B)

award subgrants under subsection (f).

(b)

Minimum amount

Each State that receives a grant under this section shall receive an annual grant amount of not less than $1,500,000.

(c)

Reallocation

If a State chooses not to apply for a grant under this section, the Secretary shall reallocate such grant amount to other States in accordance with the formula described in section 1203(a)(4)(B).

(d)

Application

A State desiring to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary shall require. The application shall include a description of—

(1)

in the case of a State that is receiving a grant under this section for the first time—

(A)

the audit the State will carry out under subsection (e)(1); and

(B)

the stakeholder feedback the State will seek in designing such audit;

(2)

in the case of a State that is not receiving a grant under this section for the first time, the plan described in subsection (e)(3)(D); and

(3)

how the State will award subgrants to local educational agencies under subsection (f).

(e)

Audits of State assessment systems and local assessments

(1)

Audit requirements

Not later than 1 year after the date a State receives an initial grant under this section, the State shall—

(A)

conduct a State assessment system audit as described in paragraph (3);

(B)

ensure that each local educational agency receiving funds under this section—

(i)

conducts an audit of local assessments administered by the local educational agency as described in paragraph (4); and

(ii)

submits the results of such audit to the State; and

(C)

report the results of each State and local educational agency audit conducted under subparagraphs (A) and (B), in a format that is widely accessible and publicly available.

(2)

Resources for local educational agencies

In carrying out paragraph (1)(B), each State shall provide local educational agencies with resources, such as guidelines and protocols, to assist in conducting and reporting audit results.

(3)

State assessment system description

Each State assessment system audit conducted under paragraph (1)(A) shall include—

(A)

the schedule for the administration of all State assessments;

(B)

for each State assessment—

(i)

the purpose for which the assessment was designed and the purpose for which the assessment is used; and

(ii)

the legal authority for the administration of the assessment;

(C)

feedback on such system from stakeholders, which shall include information such as—

(i)

how teachers, principals, other school leaders, and administrators use assessment data to improve and differentiate instruction;

(ii)

the timing of release of assessment data;

(iii)

the extent to which assessment data is presented in an accessible and understandable format for all stakeholders;

(iv)

the opportunities, resources, and training teachers, principals, other school leaders, and administrators are given to review assessment results and make effective use of assessment data;

(v)

the distribution of technological resources and personnel necessary to administer assessments;

(vi)

the amount of time teachers spend on assessment preparation and administration;

(vii)

the assessments that administrators, teachers, principals, other school leaders, parents, and students, if appropriate, do and do not find useful; and

(viii)

other information as appropriate; and

(D)

a plan, based on the information gathered as a result of the activities described in subparagraphs (A), (B), and (C), to improve and streamline the State assessment system, including activities such as—

(i)

eliminating any unnecessary assessments, which may include paying the cost associated with terminating procurement contracts;

(ii)

supporting the dissemination of best practices from local educational agencies or other States that have successfully improved assessment quality and efficiency to improve teaching and learning; and

(iii)

supporting local educational agencies or consortia of local educational agencies to carry out efforts to streamline local assessment systems and implement a regular process of review and evaluation of assessment use in local educational agencies.

(4)

Local assessment description

An audit of local assessments conducted in accordance with paragraph (1)(B)(i) shall include the same information described in paragraph (3) that is required of a State audit, except that such information shall be included as applicable to the local educational agency and the local assessments.

(f)

Subgrants to local educational agencies

(1)

In general

Each State shall reserve not less than 20 percent of the grant funds awarded to the State under this section to make subgrants to local educational agencies in the State or consortia of such local educational agencies, based on demonstrated need in the agency's or consortium's application, to enable such agencies or consortia to improve assessment quality and use, and alignment, including, if applicable, alignment to the challenging State academic standards.

(2)

Local educational agency application

Each local educational agency, or consortium of local educational agencies, seeking a subgrant under this subsection shall submit an application to the State at such time, in such manner, and containing such other information as determined necessary by the State. The application shall include a description of the agency's or consortium's needs relating to the improvement of assessment quality, use, and alignment.

(3)

Use of funds

A subgrant awarded under this subsection to a local educational agency or consortium of such agencies may be used to—

(A)

conduct an audit of local assessments under subsection (e)(1)(B)(i);

(B)

carry out the plan described in subsection (e)(3)(D) as it pertains to such agency or consortium;

(C)

improve assessment delivery systems and schedules, including by increasing access to technology and assessment proctors, where appropriate;

(D)

hire instructional coaches, or promote teachers who may receive increased compensation to serve as instructional coaches, to support teachers in the development of classroom-based assessments, interpreting assessment data, and designing instruction;

(E)

provide for appropriate accommodations to maximize inclusion of children with disabilities and English learners participating in assessments; and

(F)

improve the capacity of teachers, principals, and other school leaders to disseminate assessment data in an accessible and understandable format for parents and families, including for children with disabilities and English learners.

(g)

Definitions

In this section:

(1)

Local assessment

The term local assessment means an academic assessment selected and carried out by a local educational agency that is separate from an assessment required under section 1111(b)(2).

(2)

State

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

1203.

Allotment of appropriated funds

(a)

Amounts equal to or less than trigger amount

From amounts made available for each fiscal year under subsection 1002(b) that are equal to or less than the amount described in section 1111(b)(2)(I), the Secretary shall—

(1)

reserve one-half of 1 percent for the Bureau of Indian Education;

(2)

reserve one-half of 1 percent for the outlying areas;

(3)

reserve not more than 20 percent to carry out section 1202; and

(4)

from the remainder, carry out section 1201 by allocating to each State an amount equal to—

(A)

$3,000,000, except for a fiscal year for which the amounts available are insufficient to allocate such amount to each State, the Secretary shall ratably reduce such amount for each State; and

(B)

with respect to any amounts remaining after the allocation under subparagraph (A), an amount that bears the same relationship to such total remaining amounts as the number of students aged 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.

(b)

Amounts above trigger amount

For any fiscal year for which the amount made available for a fiscal year under subsection 1002(b) exceeds the amount described in section 1111(b)(2)(I), the Secretary shall make such excess amount available as follows:

(1)

Competitive grants

(A)

In General

The Secretary shall first use such funds to award grants, on a competitive basis, to State educational agencies or consortia of State educational agencies that have submitted applications described in subparagraph (B) to enable such States to carry out the activities described in subparagraphs (C), (H), (I), (J), (K), and (L) of section 1201(a)(2).

(B)

Applications

A State, or a consortium of States, that desires a competitive grant under subparagraph (A) shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. The application shall demonstrate that the requirements of this section will be met for the uses of funds described under subparagraph (A).

(C)

Amount of competitive grants

In determining the amount of a grant under subparagraph (A), the Secretary shall ensure that a State or consortium's grant, as the case may be, shall include an amount that bears the same relationship to the total funds available to carry out this subsection for the fiscal year as the number of students aged 5 through 17 in the State, or, in the case of a consortium, in each State that comprises the consortium, (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)

Allotments

Any amounts remaining after the Secretary awards funds under paragraph (1) shall be allotted to each State, or consortium of States, that did not receive a grant under such paragraph, in an amount that bears the same relationship to the remaining amounts as the number of students aged 5 through 17 in the State, or, in the case of a consortium, in the States of the consortium, (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.

(c)

State defined

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

(d)

Prohibition

In making funds available to States under this part, the Secretary shall comply with the prohibitions described in section 8529.

1204.

Innovative assessment and accountability demonstration authority

(a)

Innovative assessment system defined

The term innovative assessment system means a system of assessments that may include—

(1)

competency-based assessments, instructionally embedded assessments, interim assessments, cumulative year-end assessments, or performance-based assessments that combine into an annual summative determination for a student, which may be administered through computer adaptive assessments; and

(2)

assessments that validate when students are ready to demonstrate mastery or proficiency and allow for differentiated student support based on individual learning needs.

(b)

Demonstration authority

(1)

In general

The Secretary may provide a State educational agency, or a consortium of State educational agencies, in accordance with paragraph (3), with the authority to establish an innovative assessment system (referred to in this section as demonstration authority).

(2)

Demonstration period

In accordance with the requirements described in subsection (e), each State educational agency, or consortium of State educational agencies, that submits an application under this section shall propose in its application the period of time over which the State educational agency or consortium desires to exercise the demonstration authority, except that such period shall not exceed 5 years.

(3)

Initial demonstration authority and expansion

During the first 3 years that the Secretary provides State educational agencies and consortia with demonstration authority (referred to in this section as the initial demonstration period) the Secretary shall provide such demonstration authority to—

(A)

a total number of not more than 7 participating State educational agencies, including those participating in consortia, that have applications approved under subsection (e); and

(B)

consortia that include not more than 4 State educational agencies.

(c)

Progress report

(1)

In general

Not later than 180 days after the end of the initial demonstration period, and prior to providing additional State educational agencies with demonstration authority, the Director of the Institute of Education Sciences, in consultation with the Secretary, shall publish a report detailing the initial progress of innovative assessment systems carried out through demonstration authority under this section.

(2)

Criteria

The progress report under paragraph (1) shall be based on the annual information submitted by participating States described in subsection (e)(2)(B)(ix) and examine the extent to which—

(A)

with respect to each innovative assessment system—

(i)

the State educational agency has solicited feedback from teachers, principals, other school leaders, and parents about their satisfaction with the innovative assessment system;

(ii)

teachers, principals, and other school leaders have demonstrated a commitment and capacity to implement or continue to implement the innovative assessment system; and

(iii)

substantial evidence exists demonstrating that the innovative assessment system has been developed in accordance with the requirements of subsection (e); and

(B)

each State with demonstration authority has demonstrated that—

(i)

the same innovative assessment system was used to measure the achievement of all students that participated in the innovative assessment system; and

(ii)

of the total number of all students, and the total number of each of the subgroups of students defined in section 1111(c)(2), eligible to participate in the innovative assessment system in a given year, the State assessed in that year an equal or greater percentage of such eligible students, as measured under section 1111(c)(4)(E), as were assessed in the State in such year using the assessment system under section 1111(b)(2).

(3)

Use of report

Upon completion of the progress report, the Secretary shall provide a response to the findings of the progress report, including a description of how the findings of the report will be used—

(A)

to support State educational agencies with demonstration authority through technical assistance; and

(B)

to inform the peer-review process described in subsection (f) for advising the Secretary on the awarding of the demonstration authority to the additional State educational agencies described in subsection (d).

(4)

Publicly available

The Secretary shall make the progress report under this subsection and the response described in paragraph (3) publicly available on the website of the Department.

(5)

Prohibition

The Secretary shall not require States that have demonstration authority to submit any information for the purposes of the progress report that is in addition to the information the State is already required to provide under subsection (e)(2)(B)(x).

(d)

Expansion of the demonstration authority

Upon completion and publication of the report described in subsection (c), the Secretary may grant demonstration authority to additional State educational agencies or consortia that submit an application under subsection (e). Such State educational agencies or consortia of State educational agencies shall be subject to all of the same terms, conditions, and requirements of this section.

(e)

Application

(1)

In General

A State educational agency, or consortium of State educational agencies, that desires to participate in the program of demonstration authority under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require.

(2)

Contents

Such application shall include a description of the innovative assessment system, the experience the applicant has in implementing any components of the innovative assessment system, and the timeline over which the State or consortium proposes to exercise the demonstration authority. In addition, the application shall include each of the following:

(A)

A demonstration that the innovative assessment system will—

(i)

meet all the requirements of section 1111(b)(2)(B), except the requirements of clauses (i) and (v) of such section;

(ii)

be aligned to the challenging State academic standards and address the depth and breadth of such standards;

(iii)

express student results or student competencies in terms consistent with the State's aligned academic achievement standards under section 1111(b)(1);

(iv)

generate results that are valid and reliable, and comparable, for all students and for each subgroup of students described in section 1111(b)(2)(B)(xi), as compared to the results for such students on the State assessments under section 1111(b)(2);

(v)

be developed in collaboration with—

(I)

stakeholders representing the interests of children with disabilities, English learners, and other vulnerable children;

(II)

teachers, principals, and other school leaders;

(III)

local educational agencies;

(IV)

parents; and

(V)

civil rights organizations in the State;

(vi)

be accessible to all students, such as by incorporating the principles of universal design for learning;

(vii)

provide teachers, principals, other school leaders, students, and parents with timely data, disaggregated by each subgroup of students described in section 1111(b)(2)(B)(xi), to inform and improve instructional practice and student supports;

(viii)

identify which students are not making progress toward the challenging State academic standards so that teachers can provide instructional support and targeted interventions to all students;

(ix)

annually measure the progress of not less than the same percentage of all students and students in each of the subgroups of students, as defined in section 1111(c)(2), who are enrolled in schools that are participating in the innovative assessment system and are required to take such assessments, as measured under section 1111(c)(4)(E), as were assessed by schools administering the assessment under section 1111(b)(2);

(x)

generate an annual, summative achievement determination, based on the aligned State academic achievement standards under section 1111(b)(1) and based on annual data, for each individual student; and

(xi)

allow the State educational agency to validly and reliably aggregate data from the innovative assessment system for purposes of—

(I)

accountability, consistent with the requirements of section 1111(c); and

(II)

reporting, consistent with the requirements of section 1111(h).

(B)

A description of how the State educational agency will—

(i)

continue use of the statewide academic assessments required under section 1111(b)(2) if such assessments will be used for accountability purposes for the duration of the demonstration authority period;

(ii)

identify the distinct purposes for each assessment that is part of the innovative assessment system;

(iii)

provide support and training to local educational agency and school staff to implement the innovative assessment system described in this subsection;

(iv)

inform parents of students in participating local educational agencies about the innovative assessment system at the beginning of each school year during which the innovative assessment system will be implemented;

(v)

engage and support teachers in developing and scoring assessments that are part of the innovative assessment system, including through the use of high-quality professional development, standardized and calibrated scoring rubrics, and other strategies, consistent with relevant nationally recognized professional and technical standards, to ensure inter-rater reliability and comparability;

(vi)

acclimate students to the innovative assessment system;

(vii)

ensure that students with the most significant cognitive disabilities may be assessed with alternate assessments consistent with section 1111(b)(2)(D);

(viii)

if the State is proposing to administer the innovative assessment system initially in a subset of local educational agencies, scale up the innovative assessment system to administer such system statewide, or with additional local educational agencies, in the State's proposed demonstration authority period;

(ix)

gather data, solicit regular feedback from teachers, principals, other school leaders, and parents, and assess the results of each year of the program of demonstration authority under this section, and respond by making needed changes to the innovative assessment system; and

(x)

report data from the innovative assessment system annually to the Secretary, including—

(I)

demographics of participating local educational agencies, if such system is not statewide, and additional local educational agencies if added to the system during the course of the State's demonstration authority period or 2-year extension, except that such data shall not reveal any personally identifiable information, including a description of how the inclusion of additional local educational agencies contributes to progress toward achieving high-quality and consistent implementation across demographically diverse local educational agencies throughout the demonstration authority period;

(II)

the performance of all participating students, and for each subgroup of students defined in section 1111(c)(2), on the innovative assessment, consistent with the requirements in section 1111(h), except that such data shall not reveal any personally identifiable information;

(III)

feedback from teachers, principals, other school leaders, and parents about their satisfaction with the innovative assessment system; and

(IV)

if such system is not statewide, a description of the State's progress in scaling up the innovative assessment system to additional local educational agencies during the State's demonstration authority period, as described in clause (viii).

(C)

A description of the State educational agency's plan to—

(i)

ensure that all students and each of the subgroups of students defined in section 1111(c)(2) participating in the innovative assessment system receive the instructional support needed to meet State aligned academic achievement standards;

(ii)

ensure that each local educational agency has the technological infrastructure to implement the innovative assessment system; and

(iii)

hold all schools in the local educational agencies participating in the program of demonstration authority accountable for meeting the State's expectations for student achievement.

(D)

If the innovative assessment system will initially be administered in a subset of local educational agencies—

(i)

a description of the local educational agencies within the State educational agency that will participate, including what criteria the State has for approving any additional local educational agencies to participate during the demonstration authority period;

(ii)

assurances from such local educational agencies that such agencies will comply with the requirements of this subsection;

(iii)

a description of how the State will—

(I)

ensure that the inclusion of additional local educational agencies contributes to progress toward achieving high-quality and consistent implementation across demographically diverse local educational agencies during the demonstration authority period; and

(II)

ensure that the participating local educational agencies, as a group, will be demographically similar to the State as a whole by the end of the State's demonstration authority period; and

(iv)

a description of the State educational agency’s plan to hold all students and each of the subgroups of students, as defined in section 1111(c)(2), to the same high standard as other students in the State.

(f)

Peer review

The Secretary shall—

(1)

implement a peer-review process to inform—

(A)

the awarding of demonstration authority under this section and the approval to operate an innovative assessment system for the purposes of subsections (b)(2) and (c) of section 1111, as described in subsection (h); and

(B)

determinations about whether an innovative assessment system—

(i)

is comparable to the State assessments under section 1111(b)(2)(B)(v), valid, reliable, of high technical quality, and consistent with relevant, nationally recognized professional and technical standards; and

(ii)

provides an unbiased, rational, and consistent determination of progress toward the goals described under section 1111(c)(4)(A)(i) for all students;

(2)

ensure that the peer-review team consists of practitioners and experts who are knowledgeable about the innovative assessment system being proposed for all participating students, including—

(A)

individuals with past experience developing systems of assessment innovation that support all students, including English learners, children with disabilities, and disadvantaged students; and

(B)

individuals with experience implementing innovative assessment and accountability systems;

(3)

make publicly available the applications submitted under subsection (c) and the peer-review comments and recommendations regarding such applications;

(4)

make a determination and inform the State regarding approval or disapproval of the application under subsection (c) not later than 90 days after receipt of the complete application;

(5)

if the Secretary disapproves an application under paragraph (4), offer the State an opportunity to—

(A)

revise and resubmit such application within 60 days of the disapproval determination; and

(B)

submit additional evidence that the State's application meets the requirements of subsection (c); and

(6)

make a determination regarding application approval or disapproval of a resubmitted application under paragraph (5) not later than 45 days after receipt of the resubmitted application.

(g)

Extension

The Secretary may extend an authorization of demonstration authority under this section for an additional 2 years if the State educational agency demonstrates with evidence that the State educational agency's innovative assessment system is continuing to meet the requirements of subsection (c), including by demonstrating a plan for, and the capacity to, transition to statewide use of the innovative assessment system by the end of the 2-year extension period.

(h)

Use of innovative assessment system

A State may, during the State's approved demonstration authority period or 2-year extension, include results from the innovative assessment systems developed under this section in accountability determinations for each student in the participating local educational agencies instead of, or in addition to, results from the assessment system under section 1111(b)(2) if the State demonstrates that the State has met the requirements under subsection (c). The State shall continue to meet all other requirements of section 1111(c).

(i)

Withdrawal of authority

The Secretary shall withdraw the authorization for demonstration authority provided to a State educational agency under this section and such State shall return to use of the statewide assessment system under section 1111(b)(2) for all local educational agencies in the State if, at any time during a State's approved demonstration authority period or 2-year extension, the State educational agency cannot present to the Secretary evidence that the innovative assessment system developed under this section—

(1)

meets the requirements under subsection (c);

(2)

includes all students attending schools participating in the innovative assessment system in a State that has demonstration authority, including each of the subgroups of students, as defined under section 1111(c)(2);

(3)

provides an unbiased, rational, and consistent determination of progress toward the goals described under section 1111(c)(4)(A)(i) for all students, which are comparable to measures of academic achievement under section 1111(c)(4)(B)(i) across the State in which the local educational agencies are located;

(4)

presents a high-quality plan to transition to full statewide use of the innovative assessment system by the end of the State's approved demonstration authority period or 2-year extension, if the innovative assessment system will initially be administered in a subset of local educational agencies; and

(5)

demonstrates comparability to the statewide assessments under section 1111(b)(2) in content coverage, difficulty, and quality.

(j)

Transition

(1)

In general

(A)

Operation of innovative assessment system

If, after a State's approved demonstration authority period or 2-year extension, the State educational agency has met all the requirements of this section, including having scaled the innovative assessment system up to statewide use, and demonstrated that such system is of high quality, as described in subparagraph (B), the State shall be permitted to operate the innovative assessment system approved under the program of demonstration authority under this section for the purposes of subsections (b)(2) and (c) of section 1111.

(B)

High quality

Such system shall be considered of high quality if the Secretary, through the peer-review process described in section 1111(a)(4), determines that—

(i)

the innovative assessment system meets all of the requirements of this section;

(ii)

the State has examined the effects of the system on other measures of student success, including indicators in the accountability system under section 1111(c)(4)(B);

(iii)

the innovative assessment system provides coherent and timely information about student achievement based on the challenging State academic standards, including objective measurement of academic achievement, knowledge, and skills that are valid, reliable, and consistent with relevant, nationally-recognized professional and technical standards;

(iv)

the State has solicited feedback from teachers, principals, other school leaders, and parents about their satisfaction with the innovative assessment system; and

(v)

the State has demonstrated that the same innovative assessment system was used to measure—

(I)

the achievement of all students that participated in such innovative assessment system; and

(II)

not less than the percentage of such students overall and in each of the subgroups of students, as defined in section 1111(c)(2), as measured under section 1111(c)(4)(E), as were assessed under the assessment required by section 1111(b)(2).

(2)

Baseline

For the purposes of the evaluation described in paragraph (1), the baseline year shall be considered the first year that each local educational agency in the State used the innovative assessment system.

(3)

Waiver authority

A State may request, and the Secretary shall review such request and may grant, a delay of the withdrawal of authority under subsection (i) for the purpose of providing the State with the time necessary to implement the innovative assessment system statewide, if, at the conclusion of the State's approved demonstration authority period and 2-year extension—

(A)

the State has met all of the requirements of this section, except transition to full statewide use of the innovative assessment system; and

(B)

the State continues to comply with the other requirements of this section, and demonstrates a high-quality plan for transition to statewide use of the innovative assessment system in a reasonable period of time.

(k)

Available funds

A State may use funds available under section 1201 to carry out this section.

(l)

Consortium

A consortium of States may apply to participate in the program of demonstration authority under this section, and the Secretary may provide each State member of such consortium with such authority if each such State member meets all of the requirements of this section. Such consortium shall be subject to the limitation described in subsection (b)(3)(B) during the initial 3 years of the demonstration authority.

(m)

Dissemination of best practices

(1)

In general

Following the publication of the progress report described in subsection (c), the Director of the Institute of Education Sciences, in consultation with the Secretary, shall collect and disseminate the best practices on the development and implementation of innovative assessment systems that meet the requirements of this section, including best practices regarding the development of—

(A)

summative assessments that—

(i)

meet the requirements of section 1111(b)(2)(B);

(ii)

are comparable with statewide assessments under section 1111(b)(2); and

(iii)

include assessment tasks that determine proficiency or mastery of State-approved competencies aligned to challenging State academic standards;

(B)

effective supports for local educational agencies and school staff to implement innovative assessment systems;

(C)

effective engagement and support of teachers in developing and scoring assessments and the use of high-quality professional development;

(D)

effective supports for all students, particularly each of the subgroups of students, as defined in section 1111(c)(2), participating in the innovative assessment system; and

(E)

standardized and calibrated scoring rubrics, and other strategies, to ensure inter-rater reliability and comparability of determinations of mastery or proficiency across local educational agencies and the State.

(2)

Publication

The Secretary shall make the information described in paragraph (1) available on the website of the Department and shall publish an update to the information not less often than once every 3 years.

.

C

Education of migratory children

1301.

Education of migratory children

(a)

Program purposes

Section 1301 (20 U.S.C. 6391) is amended to read as follows:

1301.

Program purposes

The purposes of this part are as follows:

(1)

To assist States in supporting high-quality and comprehensive educational programs and services during the school year and, as applicable, during summer or intersession periods, that address the unique educational needs of migratory children.

(2)

To ensure that migratory children who move among the States are not penalized in any manner by disparities among the States in curriculum, graduation requirements, and challenging State academic standards.

(3)

To ensure that migratory children receive full and appropriate opportunities to meet the same challenging State academic standards that all children are expected to meet.

(4)

To help migratory children 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.

(5)

To help migratory children benefit from State and local systemic reforms.

.

(b)

State allocations

Section 1303 (20 U.S.C. 6393) is amended—

(1)

by redesignating subsections (c) through (e) as subsections (d) through (f), respectively;

(2)

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

(a)

State allocations

Except as provided in subsection (c), each State (other than the Commonwealth of Puerto Rico) is entitled to receive under this part 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 determined under this paragraph shall not be less than 32 percent, nor more than 48 percent, of the average per-pupil expenditure in the United States.

(b)

Hold harmless

Notwithstanding subsection (a), for each of fiscal years 2017 through 2019, no State shall receive less than 90 percent of the State’s allocation under this section for the preceding fiscal year.

(c)

Allocation to Puerto Rico

(1)

In general

For each fiscal year, the grant that the Commonwealth of Puerto Rico shall be eligible to receive under this part shall be the amount determined by multiplying the number of children who would be counted under subsection (a)(1) if such subsection applied to the Commonwealth of Puerto Rico by the product of—

(A)

the percentage that the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per-pupil expenditure of any of the 50 States, subject to paragraphs (2) and (3); and

(B)

32 percent of the average per-pupil expenditure in the United States.

(2)

Minimum percentage

The percentage described in paragraph (1)(A) shall not be less than 85 percent.

(3)

Limitation

If the application of paragraph (2) for any fiscal year would result in any of the 50 States or the District of Columbia receiving less under this part than it received under this part for the preceding fiscal year, then the percentage described in paragraph (1)(A) that is used for the Commonwealth of Puerto Rico for the fiscal year for which the determination is made shall be the greater of the percentage in paragraph (1)(A) for such fiscal year or the percentage used for the preceding fiscal year.

;

(3)

in subsection (d), as redesignated by paragraph (1)—

(A)

in paragraph (1)—

(i)

in subparagraph (A), by striking (A) If, after and inserting the following:

(A)

Ratable reductions

If, after

; and

(ii)

in subparagraph (B)—

(I)

by striking (B) If additional and inserting the following:

(B)

Reallocation.—If additional

; and

(II)

by striking purpose and inserting purposes; and

(B)

in paragraph (2)—

(i)

in subparagraph (A), by striking (A) The Secretary and inserting the following:

(A)

Further reductions

The Secretary

; and

(ii)

in subparagraph (B), by striking (B) The Secretary and inserting the following:

(B)

Reallocation

The Secretary

;

(4)

in subsection (e)(3)(B), as redesignated by paragraph (1), by striking welfare or educational attainment of children and inserting academic achievement of children;

(5)

in subsection (f), as redesignated by paragraph (1)—

(A)

in the matter preceding paragraph (1), by striking estimated and inserting identified;

(B)

by striking paragraph (1) and inserting the following:

(1)

use the most recent information that most accurately reflects the actual number of migratory children;

;

(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;

;

(E)

in paragraph (4), as redesignated by subparagraph (C)—

(i)

in the matter preceding subparagraph (A), by striking full-time equivalent; and

(ii)

in subparagraph (A)—

(I)

by striking special needs and inserting unique needs; and

(II)

by striking special programs provided under this part and inserting effective special programs provided under this part; and

(F)

in paragraph (5), as redesignated by subparagraph (C), by striking the child whose education has been interrupted and inserting migratory children, including the most at-risk migratory children; and

(6)

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.

.

(c)

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 educational needs and inserting unique educational needs; and

(II)

by inserting and migratory children who have dropped out of school after preschool migratory children;

(ii)

in subparagraph (B)—

(I)

by striking migrant children and inserting migratory children; and

(II)

by striking part A or B of title III and inserting part A of title III; and

(iii)

by striking subparagraph (D) and inserting the following:

(D)

measurable program objectives and outcomes;

;

(B)

in paragraph (2), by striking challenging State academic content standards and challenging State student academic achievement standards and inserting challenging State academic standards;

(C)

in paragraph (3), by striking , consistent with procedures the Secretary may require,;

(D)

in paragraph (5), by inserting and after the semicolon;

(E)

by striking paragraph (6);

(F)

by redesignating paragraph (7) as paragraph (6); and

(G)

in paragraph (6), as redesignated by subparagraph (F), by striking who have parents who do not have a high school diploma and inserting whose parents do not have a high school diploma;

(2)

in subsection (c)—

(A)

in the matter preceding paragraph (1), by striking , satisfactory to the Secretary,;

(B)

in paragraph (2), by striking subsections (b) and (c) of section 1120A, and part I and inserting subsections (b) and (c) of section 1118, and part F;

(C)

in paragraph (3)—

(i)

in the matter preceding subparagraph (A)—

(I)

by striking parent advisory councils and inserting parents of migratory children, including parent advisory councils,; and

(II)

by striking of 1 school year in duration and inserting not less than 1 school year in duration; and

(ii)

in subparagraph (A), by striking section 1118 and inserting section 1116;

(D)

in paragraph (4), by inserting and migratory children who have dropped out of school after preschool migratory children;

(E)

by redesignating paragraph (7) as paragraph (8);

(F)

by striking paragraph (6) and inserting the following:

(6)

such programs and projects will provide for outreach activities for migratory children and their families to inform such children and families of other education, health, nutrition, and social services to help connect them to such services;

(7)

to the extent feasible, such programs and projects will provide for—

(A)

advocacy and other outreach activities for migratory children and their families, including helping such children and families gain access to other education, health, nutrition, and social services;

(B)

professional development programs, including mentoring, for teachers and other program personnel;

(C)

family literacy programs;

(D)

the integration of information technology into educational and related programs; and

(E)

programs to facilitate the transition of secondary school students to postsecondary education or employment; and

; and

(G)

in paragraph (8), as redesignated by subparagraph (E), by striking paragraphs (1)(A) and (2)(B)(i) of section 1303(a), through such procedures as the Secretary may require and inserting section 1303(a)(1);

(3)

by striking subsection (d) and inserting the following:

(d)

Priority for services

In providing services with funds received under this part, each recipient of such funds shall give priority to migratory children who have made a qualifying move within the previous 1-year period and who—

(1)

are failing, or most at risk of failing, to meet the challenging State academic standards; or

(2)

have dropped out of school.

; and

(4)

in subsection (e)(3), by striking secondary school students and inserting students.

(d)

Secretarial approval; peer review

Section 1305 (20 U.S.C. 6395) is amended to read as follows:

1305.

Secretarial approval; peer review

The Secretary shall approve each State application that meets the requirements of this part, and may review any such application with the assistance and advice of State officials and other officials with relevant expertise.

.

(e)

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), by striking special and inserting unique;

(B)

in subparagraph (B)—

(i)

in the matter preceding clause (i), by striking section 9302 and inserting section 8302; and

(ii)

in clause (i), by striking special and inserting unique;

(C)

in subparagraph (C), by striking challenging State academic content standards and challenging State student academic achievement standards and inserting challenging State academic standards; and

(D)

in subparagraph (F), by striking part A or B of title III and inserting part A of title III; and

(2)

in subsection (b)—

(A)

in paragraph (1), by striking shall have the flexibility to and inserting retains the flexibility to; and

(B)

in paragraph (4), by striking special educational and inserting unique educational.

(f)

Bypass

Section 1307 (20 U.S.C. 6397) is amended—

(1)

in the matter preceding paragraph (1), by striking nonprofit; and

(2)

in paragraph (3), by striking welfare or educational attainment and inserting educational achievement.

(g)

Coordination of migrant education activities

Section 1308 (20 U.S.C. 6398) is amended—

(1)

in subsection (a)(1)—

(A)

by striking nonprofit;

(B)

by inserting through after including; and

(C)

by striking students and inserting children; and

(2)

in subsection (b)—

(A)

in paragraph (1), by striking developing effective methods for;

(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 include— and inserting the following: The Secretary, in consultation with the States, shall ensure the linkage of migrant student record systems for the purpose of electronically exchanging, among the States, health and educational information regarding all migratory students eligible under this part. The Secretary shall ensure that such linkage occurs in a cost-effective manner, utilizing systems used by the States prior to, or developed after, the date of the enactment of the Every Student Succeeds Act. Such information may include—;

(II)

in clause (ii), by striking required under section 1111(b) and inserting under section 1111(b)(2); and

(III)

in clause (iii), by striking high standards and inserting the challenging State academic standards;

(ii)

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

(iii)

by inserting after subparagraph (A) 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 described in subparagraph (A); and

(ii)

the ongoing improvement of such system.

; and

(iv)

in subparagraph (C), as redesignated by clause (ii)—

(I)

by striking the proposed data elements and inserting any new proposed data elements; and

(II)

by striking Such publication shall occur not later than 120 days after the date of enactment of the No Child Left Behind Act of 2001.; and

(C)

by striking paragraph (4).

(h)

Definitions

Section 1309 (20 U.S.C. 6399) is amended—

(1)

in paragraph (1)(B), by striking nonprofit; and

(2)

by striking paragraph (2) and inserting the following:

(2)

Migratory agricultural worker

The term migratory agricultural worker means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in agriculture, which may be dairy work or the initial processing of raw agricultural products. If an individual did not engage in such new employment soon after a qualifying move, such individual may be considered a migratory agricultural worker if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal agricultural employment.

(3)

Migratory child

The term migratory child means a child or youth who made a qualifying move in the preceding 36 months—

(A)

as a migratory agricultural worker or a migratory fisher; or

(B)

with, or to join, a parent or spouse who is a migratory agricultural worker or a migratory fisher.

(4)

Migratory fisher

The term migratory fisher means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in fishing. If the individual did not engage in such new employment soon after the move, the individual may be considered a migratory fisher if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal fishing employment.

(5)

Qualifying move

The term qualifying move means a move due to economic necessity—

(A)

from one residence to another residence; and

(B)

from one school district to another school district, except—

(i)

in the case of a State that is comprised of a single school district, wherein a qualifying move is from one administrative area to another within such district; or

(ii)

in the case of a school district of more than 15,000 square miles, wherein a qualifying move is a distance of 20 miles or more to a temporary residence.

.

D

Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk

1401.

Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk

Part D of title I (20 U.S.C. 6421 et seq.) is amended—

(1)

in section 1401(a)—

(A)

in paragraph (1)—

(i)

by inserting , tribal, after youth in local; and

(ii)

by striking challenging State academic content standards and challenging State student academic achievement standards and inserting challenging State academic standards; and

(B)

in paragraph (3), by inserting and the involvement of their families and communities after to ensure their continued education;

(2)

in section 1412(b), by striking paragraph (2) and inserting the following:

(2)

Minimum percentage

The percentage in paragraph (1)(A) shall not be less than 85 percent.

;

(3)

in section 1414—

(A)

in subsection (a)—

(i)

in paragraph (1)(B), by striking from correctional facilities to locally operated programs and inserting between correctional facilities and locally operated programs; and

(ii)

in paragraph (2)—

(I)

in subparagraph (A)—

(aa)

by striking the program goals, objectives, and performance measures established by the State and inserting the program objectives and outcomes established by the State; and

(bb)

by striking vocational and inserting career;

(II)

in subparagraph (B), by striking and after the semicolon;

(III)

by redesignating subparagraph (C) as subparagraph (D);

(IV)

by inserting after subparagraph (B) the following:

(C)

describe how the State will place a priority for such children to attain a regular high school diploma, to the extent feasible;

;

(V)

in subparagraph (D), as redesignated by subclause (III)—

(aa)

in clause (i), by inserting and after the semicolon;

(bb)

by striking clause (ii) and redesignating clause (iii) as clause (ii); and

(cc)

by striking clause (iv); and

(VI)

by adding at the end the following:

(E)

provide assurances that the State educational agency has established—

(i)

procedures to ensure the timely re-enrollment of each student who has been placed in the juvenile justice system in secondary school or in a re-entry program that best meets the needs of the student, including the transfer of credits that such student earns during placement; and

(ii)

opportunities for such students to participate in credit-bearing coursework while in secondary school, postsecondary education, or career and technical education programming.

; and

(B)

in subsection (c)—

(i)

in paragraph (1), by inserting and, to the extent practicable, provide for such assessment upon entry into a correctional facility after to be served under this subpart;

(ii)

in paragraph (6)—

(I)

by striking carry out the evaluation requirements of section 9601 and how and inserting use;

(II)

by inserting under section 8601 after recent evaluation; and

(III)

by striking will be used;

(iii)

in paragraph (7), by striking “section 9521” and inserting “section 8521”;

(iv)

paragraph (8)—

(I)

by striking Public Law 105–220 and inserting the Workforce Innovation and Opportunity Act; and

(II)

by striking vocational and inserting career;

(v)

in paragraph (9)—

(I)

by inserting and after after prior to; and

(II)

by inserting in order to facilitate the transition of such children and youth between the correctional facility and the local educational agency or alternative education program after the local educational agency or alternative education program;

(vi)

in paragraph (11), by striking transition of children and youth from such facility or institution to and inserting transition of such children and youth between such facility or institution and;

(vii)

in paragraph (16)—

(I)

by inserting and attain a regular high school diploma after to encourage the children and youth to reenter school; and

(II)

by striking achieve a secondary school diploma and inserting attain a regular high school diploma;

(viii)

in paragraph (17), by inserting certified or licensed after provides an assurance that;

(ix)

in paragraph (18), by striking and after the semicolon;

(x)

in paragraph (19), by striking the period at the end and inserting ; and; and

(xi)

by adding at the end the following:

(20)

describes how the State agency will, to the extent feasible—

(A)

note when a youth has come into contact with both the child welfare and juvenile justice systems; and

(B)

deliver services and interventions designed to keep such youth in school that are evidence-based (to the extent a State determines that such evidence is reasonably available).

;

(4)

in section 1415—

(A)

in subsection (a)—

(i)

in paragraph (1)(B), by striking vocational or technical training and inserting career and technical education; and

(ii)

in paragraph (2)—

(I)

by striking subparagraph (A) and inserting the following:

(A)

may include—

(i)

the acquisition of equipment;

(ii)

pay-for-success initiatives; or

(iii)

providing targeted services for youth who have come in contact with both the child welfare system and juvenile justice system;

;

(II)

in subparagraph (B)—

(aa)

in clause (i), by striking the State's challenging academic content standards and student academic achievement standards and inserting the challenging State academic standards;

(bb)

in clause (ii), by striking supplement and improve and inserting respond to the educational needs of such children and youth, including by supplementing and improving; and

(cc)

in clause (iii)—

(AA)

by striking challenging State academic achievement standards and inserting challenging State academic standards; and

(BB)

by inserting and after the semicolon;

(III)

in subparagraph (C)—

(aa)

by striking section 1120A and part I and inserting section 1118 and part F; and

(bb)

by striking ; and and inserting a period; and

(IV)

by striking subparagraph (D); and

(B)

in subsection (b), by striking section 1120A and inserting section 1118;

(5)

in section 1416—

(A)

in paragraph (3)—

(i)

by striking challenging State academic content standards and student academic achievement standards and inserting challenging State academic standards; and

(ii)

by striking complete secondary school, attain a secondary diploma and inserting attain a regular high school diploma;

(B)

in paragraph (4)—

(i)

by striking pupil and inserting specialized instructional support; and

(ii)

by inserting , and how relevant and appropriate academic records and plans regarding the continuation of educational services for such children or youth are shared jointly between the State agency operating the institution or program and local educational agency in order to facilitate the transition of such children and youth between the local educational agency and the State agency after children and youth described in paragraph (1); and

(C)

in paragraph (6), by striking student progress and inserting and improve student achievement;

(6)

in section 1418(a)—

(A)

by striking paragraph (1) and inserting the following:

(1)

projects that facilitate the transition of children and youth between State-operated institutions, or institutions in the State operated by the Secretary of the Interior, and schools served by local educational agencies or schools operated or funded by the Bureau of Indian Education; or

; and

(B)

in paragraph (2)—

(i)

by striking vocational each place the term appears and inserting career; and

(ii)

in the matter preceding subparagraph (A), by striking secondary and inserting regular high;

(7)

in section 1419—

(A)

by striking the section heading and inserting Technical Assistance; and

(B)

by striking for a fiscal year and all that follows through to provide and inserting for a fiscal year to provide;

(8)

in section 1421(3), by inserting , including schools operated or funded by the Bureau of Indian Education, after local schools;

(9)

in section 1422(d), by striking impact on meeting the transitional and inserting impact on meeting such transitional;

(10)

in section 1423—

(A)

in paragraph (2)(B), by inserting , including such facilities operated by the Secretary of the Interior and Indian tribes after the juvenile justice system;

(B)

by striking paragraph (4) and inserting the following:

(4)

a description of the program operated by participating schools to facilitate the successful transition of children and youth returning from correctional facilities and, as appropriate, the types of services that such schools will provide such children and youth and other at-risk children and youth;

;

(C)

in paragraph (7)—

(i)

by inserting institutions of higher education or after partnerships with; and

(ii)

by striking develop training, curriculum-based youth entrepreneurship education and inserting facilitate postsecondary and workforce success for children and youth returning from correctional facilities, such as through participation in credit-bearing coursework while in secondary school, enrollment in postsecondary education, participation in career and technical education programming;

(D)

in paragraph (8), by inserting and family members after will involve parents;

(E)

in paragraph (9), by striking vocational and inserting career; and

(F)

in paragraph (13), by striking regular and inserting traditional;

(11)

in section 1424—

(A)

in the matter before paragraph (1), by striking Funds provided and inserting the following:

(a)

In General

Funds provided

;

(B)

in paragraph (2), by striking , including and all that follows through gang members;

(C)

in paragraph (4)—

(i)

by striking vocational and inserting career; and

(ii)

by striking and after the semicolon; and

(D)

in paragraph (5), by striking the period at the end and inserting a semicolon;

(E)

by inserting the following after paragraph (5):

(6)

programs for at-risk Indian children and youth, including such children and youth in correctional facilities in the area served by the local educational agency that are operated by the Secretary of the Interior or Indian tribes; and

(7)

pay for success initiatives.

; and

(F)

by inserting after paragraph (7) the following:

(b)

Contracts and grants

A local educational agency may use a subgrant received under this subpart to carry out the activities described under paragraphs (1) through (7) of subsection (a) directly or through subgrants, contracts, or cooperative agreements.

;

(12)

in section 1425—

(A)

in paragraph (4)—

(i)

by inserting and attain a regular high school diploma after reenter school; and

(ii)

by striking a secondary school diploma and inserting a regular high school diploma;

(B)

in paragraph (6), by striking high academic achievement standards and inserting the challenging State academic standards;

(C)

in paragraph (9), by striking vocational and inserting career;

(D)

in paragraph (10), by striking and after the semicolon;

(E)

in paragraph (11), by striking the period at the end and inserting a semicolon; and

(F)

by adding at the end the following:

(12)

upon the child’s or youth’s entry into the correctional facility, work with the child’s or youth’s family members and the local educational agency that most recently provided services to the child or youth (if applicable) to ensure that the relevant and appropriate academic records and plans regarding the continuation of educational services for such child or youth are shared jointly between the correctional facility and local educational agency in order to facilitate the transition of such children and youth between the local educational agency and the correctional facility; and

(13)

consult with the local educational agency for a period jointly determined necessary by the correctional facility and local educational agency upon discharge from that facility, to coordinate educational services so as to minimize disruption to the child’s or youth’s achievement.

;

(13)

in section 1426—

(A)

in paragraph (1), by striking reducing dropout rates for male students and for female students over a 3-year period and inserting the number of children and youth attaining a regular high school diploma or its recognized equivalent; and

(B)

in paragraph (2)—

(i)

by striking obtaining a secondary school diploma and inserting attaining a regular high school diploma; and

(ii)

by striking obtaining employment and inserting attaining employment;

(14)

in section 1431(a)—

(A)

in the matter preceding paragraph (1), by inserting while protecting individual student privacy, after age;

(B)

striking secondary each place the term appears and inserting high;

(C)

in paragraph (1), by inserting and to graduate from high school in the number of years established by the State under either the four-year adjusted cohort graduation rate or the extended-year adjusted cohort graduation rate, if applicable after educational achievement; and

(D)

in paragraph (3), by inserting or school operated or funded by the Bureau of Indian Education after local educational agency; and

(15)

in section 1432(2)—

(A)

by inserting dependency adjudication, or delinquency adjudication, after failure,;

(B)

by striking has limited English proficiency and inserting is an English learner; and

(C)

by inserting or child welfare system after juvenile justice system.

E

Flexibility for equitable per-pupil funding

1501.

Flexibility for equitable per-pupil funding

(a)

Reorganization

Title I (20 U.S.C. 6571 et seq.), as amended by this title, is further amended—

(1)

by striking parts E through H;

(2)

by redesignating part I as part F;

(3)

by striking sections 1907 and 1908;

(4)

by redesignating sections 1901 through 1903 as sections 1601 through 1603, respectively; and

(5)

by redesignating sections 1905 and 1906 as sections 1604 and 1605, respectively.

(b)

In general

Title I (20 U.S.C. 6571 et seq.), as amended by this title, is further amended by inserting after section 1432 the following:

E

Flexibility for equitable per-pupil funding

1501.

Flexibility for equitable per-pupil funding

(a)

Purpose

The purpose of the program under this section is to provide local educational agencies with flexibility to consolidate eligible Federal funds and State and local education funding in order to create a single school funding system based on weighted per-pupil allocations for low-income and otherwise disadvantaged students.

(b)

Authority

(1)

In general

The Secretary is authorized to enter into local flexibility demonstration agreements—

(A)

for not more than 3 years with local educational agencies that are selected under subsection (c) and submit proposed agreements that meet the requirements of subsection (d); and

(B)

under which such agencies may consolidate and use funds in accordance with subsection (d) in order to develop and implement a school funding system based on weighted per-pupil allocations for low-income and otherwise disadvantaged students.

(2)

Flexibility

Except as described in subsection (d)(1)(I), the Secretary is authorized to waive, for local educational agencies entering into agreements under this section, any provision of this Act that would otherwise prevent such agency from using eligible Federal funds as part of such agreement.

(c)

Selection of local educational agencies

(1)

In general

The Secretary may enter into local flexibility demonstration agreements with not more than 50 local educational agencies with an approved application under subsection (d).

(2)

Selection

Each local educational agency shall be selected based on such agency—

(A)

submitting a proposed local flexibility demonstration agreement under subsection (d);

(B)

demonstrating that the agreement meets the requirements of such subsection; and

(C)

agreeing to meet the continued demonstration requirements under subsection (e).

(3)

Expansion

Beginning with the 2019–2020 academic year, the Secretary may extend funding flexibility authorized under this section to any local educational agency that submits and has approved an application under subsection (d), as long as a significant majority of the demonstration agreements with local educational agencies described in paragraph (1) meet the requirements of subsection (d)(2) and subsection (e)(1) as of the end of the 2018–2019 academic year.

(d)

Required terms of local flexibility demonstration agreement

(1)

Application

Each local educational agency that desires to participate in the program under this section shall submit, at such time and in such form as the Secretary may prescribe, an application to enter into a local flexibility demonstration agreement with the Secretary in order to develop and implement a school funding system based on weighted per-pupil allocations that meets the requirements of this section. The application shall include—

(A)

a description of the school funding system based on weighted per-pupil allocations, including—

(i)

the weights used to allocate funds within such system;

(ii)

the local educational agency’s legal authority to use State and local education funds consistent with this section;

(iii)

how such system will meet the requirements of paragraph (2); and

(iv)

how such system will support the academic achievement of students, including low-income students, the lowest-achieving students, English learners, and children with disabilities;

(B)

a list of funding sources, including eligible Federal funds, the local educational agency will include in such system;

(C)

a description of the amount and percentage of total local educational agency funding, including State and local education funds and eligible Federal funds, that will be allocated through such system;

(D)

the per-pupil expenditures (which shall include actual personnel expenditures, including staff salary differentials for years of employment, and actual nonpersonnel expenditures) of State and local education funds for each school served by the agency for the preceding fiscal year;

(E)

the per-pupil amount of eligible Federal funds each school served by the agency received in the preceding fiscal year, disaggregated by the programs supported by the eligible Federal funds;

(F)

a description of how such system will ensure that any eligible Federal funds allocated through the system will meet the purposes of each Federal program supported by such funds, including serving students from low-income families, English learners, migratory children, and children who are neglected, delinquent, or at risk, as applicable;

(G)

an assurance that the local educational agency developed and will implement the local flexibility demonstration agreement in consultation with teachers, principals, other school leaders (including charter school leaders in a local educational agency that has charter schools), administrators of Federal programs impacted by the agreement, parents, community leaders, and other relevant stakeholders;

(H)

an assurance that the local educational agency will use fiscal control and sound accounting procedures that ensure proper disbursement of, and accounting for, eligible Federal funds consolidated and used under such system;

(I)

an assurance that the local educational agency will continue to meet the requirements of sections 1117, 1118, and 8501; and

(J)

an assurance that the local educational agency will meet the requirements of all applicable Federal civil rights laws in carrying out the agreement and in consolidating and using funds under the agreement.

(2)

Requirements of the system

(A)

In general

A local educational agency’s school funding system based on weighted per-pupil allocations shall—

(i)

except as allowed under clause (iv), allocate a significant portion of funds, including State and local education funds and eligible Federal funds, to the school level based on the number of students in a school and a formula developed by the agency under this section that determines per-pupil weighted amounts;

(ii)

use weights or allocation amounts that allocate substantially more funding to English learners, students from low-income families, and students with any other characteristics associated with educational disadvantage chosen by the local educational agency, than to other students;

(iii)

ensure that each high-poverty school receives, in the first year of the demonstration agreement—

(I)

more per-pupil funding, including from Federal, State, and local sources, for low-income students than such funding received for low-income students in the year prior to entering into a demonstration agreement under this section; and

(II)

at least as much per-pupil funding, including from Federal, State, and local sources, for English learners as such funding received for English learners in the year prior to entering into a demonstration agreement under this section;

(iv)

be used to allocate to schools a significant percentage, which shall be a percentage agreed upon during the application process, of all the local educational agency’s State and local education funds and eligible Federal funds; and

(v)

include all school-level actual personnel expenditures for instructional staff (including staff salary differentials for years of employment) and actual nonpersonnel expenditures in the calculation of the local educational agency's State and local education funds and eligible Federal funds to be allocated under clause (i).

(B)

Percentage

In establishing the percentage described in subparagraph (A)(iv) for the system, the local educational agency shall demonstrate that the percentage—

(i)

under such subparagraph is sufficient to carry out the purposes of the demonstration agreement under this section and to meet each of the requirements of this subsection; and

(ii)

of State and local education funds and eligible Federal funds that are not allocated through the local educational agency’s school funding system based on weighted per-pupil allocations, does not undermine or conflict with the requirements of the demonstration agreement under this section.

(C)

Expenditures

After allocating funds through the system, the local educational agency shall charge schools for the per-pupil expenditures of State and local education funds and eligible Federal funds, including actual personnel expenditures (including staff salary differentials for years of employment) for instructional staff and actual nonpersonnel expenditures.

(e)

Continued demonstration

Each local educational agency with an approved application under subsection (d) shall annually—

(1)

demonstrate to the Secretary that, as compared to the previous year, no high-poverty school served by the agency received—

(A)

less per-pupil funding, including from Federal, State, and local sources, for low-income students; or

(B)

less per-pupil funding, including from Federal, State, and local sources, for English learners;

(2)

make public and report to the Secretary the per-pupil expenditures (including actual personnel expenditures that include staff salary differentials for years of employment, and actual non-personnel expenditures) of State and local education funds and eligible Federal funds for each school served by the agency, disaggregated by each quartile of students attending the school based on student level of poverty and by each major racial or ethnic group in the school, for the preceding fiscal year;

(3)

make public the total number of students enrolled in each school served by the agency and the number of students enrolled in each such school disaggregated by each of the subgroups of students, as defined in section 1111(c)(2); and

(4)

notwithstanding paragraph (1), (2), or (3), ensure that any information to be reported or made public under this subsection is only reported or made public if such information does not reveal personally identifiable information.

(f)

Limitations on administrative expenditures

Each local educational agency that has entered into a local flexibility demonstration agreement with the Secretary under this section may use, for administrative purposes, an amount of eligible Federal funds that is not more than the percentage of funds allowed for such purposes under any of the following:

(1)

This title.

(2)

Title II.

(3)

Title III.

(4)

Part A of title IV.

(5)

Part B of title V.

(g)

Peer review

The Secretary may establish a peer-review process to assist in the review of a proposed local flexibility demonstration agreement.

(h)

Noncompliance

The Secretary may, after providing notice and an opportunity for a hearing (including the opportunity to provide supporting evidence as provided for in subsection (i)), terminate a local flexibility demonstration agreement under this section if there is evidence that the local educational agency has failed to comply with the terms of the agreement and the requirements under subsections (d) and (e).

(i)

Evidence

If a local educational agency believes that the Secretary’s determination under subsection (h) is in error for statistical or other substantive reasons, the local educational agency may provide supporting evidence to the Secretary, and the Secretary shall consider that evidence before making a final determination.

(j)

Program evaluation

From the amount reserved for evaluation activities under section 8601, the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate—

(1)

the implementation of the local flexibility demonstration agreements under this section; and

(2)

the impact of such agreements on improving the equitable distribution of State and local funding and increasing student achievement.

(k)

Renewal of local flexibility demonstration agreement

The Secretary may renew for additional 3-year terms a local flexibility demonstration agreement under this section if—

(1)

the local educational agency has met the requirements under subsections (d)(2) and (e) and agrees to, and has a high likelihood of, continuing to meet such requirements; and

(2)

the Secretary determines that renewing the local flexibility demonstration agreement is in the interest of students served under this title and title III.

(l)

Definitions

In this section:

(1)

Eligible federal funds

The term eligible Federal funds means funds received by a local educational agency under—

(A)

this title;

(B)

title II;

(C)

title III;

(D)

part A of title IV; and

(E)

part B of title V.

(2)

High-poverty school

The term high-poverty school means a school that is in the highest 2 quartiles of schools served by a local educational agency, based on the percentage of enrolled students from low-income families.

.

F

General provisions

1601.

General provisions

(a)

Federal Regulations

Section 1601 (20 U.S.C. 6571), as redesignated by section 1501(a)(4) of this Act, is amended—

(1)

in subsection (a), by inserting , in accordance with subsections (b) through (d) and subject to section 1111(e), after may issue;

(2)

in subsection (b)—

(A)

in paragraph (1), by inserting principals, other school leaders (including charter school leaders), after teachers,;

(B)

in paragraph (2), by adding at the end the following: Such regional meetings and electronic exchanges of information shall be public and notice of such meetings and exchanges shall be provided to interested stakeholders.;

(C)

in paragraph (3)(A), by striking standards and assessments and inserting standards, assessments under section 1111(b)(2), and the requirement under section 1118 that funds under part A be used to supplement, and not supplant, State and local funds;

(D)

by striking paragraph (4) and inserting the following:

(4)

Process

Such process—

(A)

shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.); and

(B)

shall, unless otherwise provided as described in subsection (c), follow the provisions of subchapter III of chapter 5 of title V, United States Code (commonly known as the Negotiated Rulemaking Act of 1990).

; and

(E)

by striking paragraph (5);

(3)

by redesignating subsection (c) as subsection (d);

(4)

by inserting after subsection (b) the following:

(c)

Alternative process for certain exceptions

If consensus, as defined in section 562 of title 5, United States Code, on any proposed regulation is not reached by the individuals selected under subsection (b)(3)(B) for the negotiated rulemaking process, or if the Secretary determines that a negotiated rulemaking process is unnecessary, the Secretary may propose a regulation in the following manner:

(1)

Notice to congress

Not less than 15 business days prior to issuing a notice of proposed rulemaking in the Federal Register, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, and other relevant congressional committees, notice of the Secretary’s intent to issue a notice of proposed rulemaking that shall include—

(A)

a copy of the proposed regulation;

(B)

the need to issue the regulation;

(C)

the anticipated burden, including the time, cost, and paperwork burden, the regulation will impose on State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation;

(D)

the anticipated benefits to State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation; and

(E)

any regulations that will be repealed when the new regulation is issued.

(2)

Comment period for congress

The Secretary shall—

(A)

before issuing any notice of proposed rulemaking under this subsection, provide Congress with a comment period of 15 business days to make comments on the proposed regulation, beginning on the date that the Secretary provides the notice of intent to the appropriate committees of Congress under paragraph (1); and