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


The text of the bill below is as of Jul 16, 2015 (Passed the Senate).

Summary of this bill

The Every Child Achieves Act is a bipartisan educational policy reform bill that would expand state responsibility over schools, provide grants to charter schools, and reduce the federal test-based accountability system of the No Child Left Behind Act (NCLB). The bill was referred to the Senate committee on Health, Education, Labor, and Pensions, or HELP, who issued this summary. The chairman of HELP, Sen. Lamar Alexander (R-TN), sponsored the bill. In his press release on July 8, Alexander explained that the bill would continue NCLB’s federal assessments of student learning, but would give states the authority to act based on those results. HELP ranking member Sen. Patty Murray (D-WA ...


114th CONGRESS

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 Child Achieves Act of 2015.

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. Statement of purpose.

Sec. 5. Table of contents of the Elementary and Secondary Education Act of 1965.

TITLE I—Improving Basic Programs Operated by State and Local Educational Agencies

Sec. 1001. Statement of purpose.

Sec. 1002. Authorization of appropriations.

Sec. 1003. School intervention and support and State administration.

Sec. 1004. Basic program requirements.

Sec. 1005. Parent and family engagement.

Sec. 1006. Participation of children enrolled in private schools.

Sec. 1007. Supplement, not supplant.

Sec. 1008. Coordination requirements.

Sec. 1009. Grants for the outlying areas and the Secretary of the Interior.

Sec. 1010. Allocations to States.

Sec. 1011. Equity grants.

Sec. 1011A. Adequacy of funding rule.

Sec. 1011B. Education finance incentive grant program.

Sec. 1011C. Special allocation procedures.

Sec. 1012. Academic assessments.

Sec. 1013. Education of migratory children.

Sec. 1014. Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk.

Sec. 1015. General provisions.

Sec. 1016. Report on subgroup sample size.

Sec. 1017. Report on implementation of educational stability of children in foster care.

Sec. 1018. Student privacy policy committee.

Sec. 1019. Report on student home access to digital learning resources.

TITLE II—High-Quality Teachers, Principals, and Other School Leaders

Sec. 2001. Transfer of certain provisions.

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

Sec. 2003. American history and civics education.

Sec. 2004. Literacy education.

Sec. 2005. Improving science, technology, engineering, and mathematics instruction and student achievement.

Sec. 2006. General provisions.

TITLE III—Language Instruction for English Learners and Immigrant Students

Sec. 3001. General provisions.

Sec. 3002. Authorization of appropriations.

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

Sec. 3004. Other provisions.

Sec. 3005. American community survey research.

TITLE IV—Safe and Healthy Students

Sec. 4001. General provisions.

Sec. 4002. Grants to States and local educational agencies.

Sec. 4003. 21st century community learning centers.

Sec. 4004. Elementary school and secondary school counseling programs.

Sec. 4005. Physical education program.

Sec. 4006. Family Engagement in Education Programs.

TITLE V—Empowering Parents and Expanding Opportunity Through Innovation

Sec. 5001. General provisions.

Sec. 5002. Public charter schools.

Sec. 5003. Magnet schools assistance.

Sec. 5004. Supporting high-ability learners and learning.

Sec. 5005. Education innovation and research.

Sec. 5006. Accelerated learning.

Sec. 5007. Ready-to-Learn Television.

Sec. 5008. Innovative technology expands children's horizons (I–TECH).

Sec. 5009. Literacy and arts education.

Sec. 5010. Early learning alignment and improvement grants.

Sec. 5011. Full-service community schools.

Sec. 5012. Promise neighborhoods.

TITLE VI—Innovation and Flexibility

Sec. 6001. Purposes.

Sec. 6002. Improving academic achievement.

Sec. 6003. Rural education initiative.

Sec. 6004. General provisions.

Sec. 6005. Review relating to rural local educational agencies.

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

Sec. 7001. Indian education.

Sec. 7002. Native Hawaiian education.

Sec. 7003. Alaska Native education.

Sec. 7004. Native American language immersion schools and programs.

Sec. 7005. Improving Indian student data collection, reporting, and analysis.

Sec. 7006. Report on elementary and secondary education in rural or poverty areas of Indian country.

Sec. 7007. Report on responses to Indian student suicides.

TITLE VIII—Impact Aid

Sec. 8001. Purpose.

Sec. 8002. Amendment to Impact Aid Improvement Act of 2012.

Sec. 8003. Payments relating to Federal acquisition of real property.

Sec. 8004. Payments for eligible federally connected children.

Sec. 8005. Policies and procedures relating to children residing on Indian lands.

Sec. 8006. Application for payments under sections 8002 and 8003.

Sec. 8007. Construction.

Sec. 8008. Facilities.

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

Sec. 8010. Definitions.

Sec. 8011. Authorization of appropriations.

TITLE IX—General Provisions

Sec. 9101. Definitions.

Sec. 9102. Applicability to Bureau of Indian Education operated schools.

Sec. 9102A. Consolidation of State administrative funds for elementary and secondary education programs.

Sec. 9102B. Consolidation of funds for local administration.

Sec. 9103. Consolidation of funds for local administration.

Sec. 9104. Rural consolidated plan.

Sec. 9105. Waivers of statutory and regulatory requirements.

Sec. 9106. Plan approval process.

Sec. 9107. Participation by private school children and teachers.

Sec. 9108. Maintenance of effort.

Sec. 9109. School prayer.

Sec. 9110. Prohibitions on Federal Government and use of Federal funds.

Sec. 9111. Armed forces recruiter access to students and student recruiting information.

Sec. 9112. Prohibition on federally sponsored testing.

Sec. 9113. Limitations on national testing or certification for teachers.

Sec. 9114. Consultation with Indian tribes and tribal organizations.

Sec. 9114A. Application for competitive grants from the Bureau of Indian Education.

Sec. 9115. Outreach and technical assistance for rural local educational agencies.

Sec. 9115A. Consultation with the Governor.

Sec. 9115B. Local governance.

Sec. 9115C. Rule of construction regarding travel to and from school.

Sec. 9116. Evaluations.

Sec. 9117. Prohibition on aiding and abetting sexual abuse.

TITLE X—Education for Homeless Children and Youths; Other Laws; Miscellaneous

PART A—Education for Homeless Children and Youth

Sec. 10101. Statement of policy.

Sec. 10102. Grants for State and local activities.

Sec. 10103. Local educational agency subgrants.

Sec. 10104. Secretarial responsibilities.

Sec. 10105. Definitions.

Sec. 10106. Authorization of appropriations.

PART B—Other Laws; Miscellaneous

Sec. 10201. Use of term highly qualified in other laws.

Sec. 10202. Department staff.

Sec. 10203. Report on Department actions to address Office of the Inspector General charter school reports.

Sec. 10204. Comptroller General study on increasing effectiveness of existing services and programs intended to benefit children.

Sec. 10205. Posthumous pardon.

Sec. 10206. Education Flexibility Partnership Act of 1999 reauthorization.

PART C—American Dream Accounts

Sec. 10301. Short title.

Sec. 10302. Definitions.

Sec. 10303. Grant program.

Sec. 10304. Applications; priority.

Sec. 10305. Authorized activities.

Sec. 10306. Reports and evaluations.

Sec. 10307. Eligibility to receive Federal student financial aid.

Sec. 10308. Authorization of appropriations.

Sec. 10309. Report on the reduction of the number and percentage of students who drop out of school.

Sec. 10310. Report on Native American language medium education.

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.

Statement of purpose

The purpose of this Act is to enable States and local communities to improve and support our Nation’s public schools and ensure that every child has an opportunity to achieve.

5.

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

Section 2 is amended to read as follows:

2.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 4. Education flexibility program.

TITLE I—Improving the Academic Achievement of the Disadvantaged

Sec. 1001. Statement of purpose.

Sec. 1002. Authorization of appropriations.

Sec. 1003. 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; schoolwide programs; targeted assistance programs.

Sec. 1114. School identification, interventions, and supports.

Sec. 1115. Parent and family engagement.

Sec. 1116. Participation of children enrolled in private schools.

Sec. 1117. Fiscal requirements.

Sec. 1118. Coordination requirements.

SUBPART 2—Allocations

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

Sec. 1122. Allocations to States.

Sec. 1123. Equity grants.

Sec. 1124. Basic grants to local educational agencies.

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

Sec. 1125. Targeted grants to local educational agencies.

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

Sec. 1125A. Education finance incentive grant program.

Sec. 1126. Special allocation procedures.

Sec. 1127. Carryover and waiver.

PART B—Academic Assessments

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

Sec. 1202. Grants for enhanced assessment instruments.

Sec. 1203. Audits of assessment systems.

Sec. 1204. Funding.

Sec. 1205. Innovative assessment and accountability demonstration authority.

PART C—Education of Migratory Children

Sec. 1301. Program purpose.

Sec. 1302. Program authorized.

Sec. 1303. State allocations.

Sec. 1304. State applications; services.

Sec. 1305. Secretarial approval; peer review.

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

Sec. 1307. Bypass.

Sec. 1308. 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. Evaluation; technical assistance; annual model program.

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—General Provisions

Sec. 1501. Federal regulations.

Sec. 1502. Agreements and records.

Sec. 1503. State administration.

Sec. 1504. Prohibition against Federal mandates, direction, or control.

Sec. 1505. 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—Fund for the Improvement of Teaching and Learning

Sec. 2101. Formula grants to States.

Sec. 2102. Subgrants to local educational agencies.

Sec. 2103. Local use of funds.

Sec. 2104. Reporting.

Sec. 2105. National activities of demonstrated effectiveness.

Sec. 2106. Supplement, not supplant.

PART B—Teacher and School Leader Incentive Program

Sec. 2201. Purposes; definitions.

Sec. 2202. Teacher and school leader incentive fund grants.

Sec. 2203. Reports.

PART C—American History and Civics Education

Sec. 2301. Program authorized.

Sec. 2302. Teaching of traditional American history.

Sec. 2303. Presidential and congressional academies for American history and civics.

Sec. 2304. National activities.

Sec. 2305. Authorization of appropriations.

PART D—Literacy Education For All, Results For the Nation

Sec. 2401. Purposes; definitions.

Sec. 2402. Comprehensive literacy State development grants.

Sec. 2403. Subgrants to eligible entities in support of birth through kindergarten entry literacy.

Sec. 2404. Subgrants to eligible entities in support of kindergarten through grade 12 literacy.

Sec. 2405. National evaluation and information dissemination.

Sec. 2406. Supplement, not supplant.

PART E—Improving science, technology, engineering, and mathematics instruction and student achievement.

Sec. 2501. Purpose.

Sec. 2502. Definitions.

Sec. 2503. Grants; allotments.

Sec. 2504. Applications.

Sec. 2505. Authorized activities.

Sec. 2506. Performance metrics; report; evaluation.

Sec. 2507. Supplement, not supplant.

Sec. 2508. Report on cybersecurity education.

PART F—General Provisions

Sec. 2601. 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. Reporting requirements.

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—Safe and Healthy Students

PART A—Grants to States and Local Educational Agencies

Sec. 4101. Purpose.

Sec. 4102. Definitions.

Sec. 4103. Formula grants to States.

Sec. 4104. Subgrants to local educational agencies.

Sec. 4105. Local educational agency authorized activities.

Sec. 4106. Supplement, not supplant.

Sec. 4107. Prohibitions.

Sec. 4108. Authorization of appropriations.

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—Elementary school and secondary school counseling programs

Sec. 4301. Elementary school and secondary school counseling programs.

PART D—Physical education program

Sec. 4401. Purpose.

Sec. 4402. Program authorized.

Sec. 4403. Applications.

Sec. 4404. Requirements.

Sec. 4405. Administrative provisions.

Sec. 4406. Supplement, not supplant.

Sec. 4407. Authorization of appropriations.

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.

TITLE V—Empowering Parents and Expanding Opportunity Through Innovation

PART A—Public Charter Schools

Sec. 5101. Purpose.

Sec. 5102. Program authorized.

Sec. 5103. Grants to support high-quality charter schools.

Sec. 5104. Facilities financing assistance.

Sec. 5105. National activities.

Sec. 5106. Federal formula allocation during first year and for successive enrollment expansions.

Sec. 5107. Solicitation of input from charter school operators.

Sec. 5108. Records transfer.

Sec. 5109. Paperwork reduction.

Sec. 5110. Definitions.

Sec. 5111. Authorization of appropriations.

PART B—Magnet Schools Assistance

Sec. 5201. Findings and purpose.

Sec. 5202. Definition.

Sec. 5203. Program authorized.

Sec. 5204. Eligibility.

Sec. 5205. Applications and requirements.

Sec. 5206. Priority.

Sec. 5207. Use of funds.

Sec. 5208. Limitations.

Sec. 5209. Authorization of appropriations; reservation.

PART C—Supporting high-ability learners and learning

Sec. 5301. Short title.

Sec. 5302. Purpose.

Sec. 5303. Rule of construction.

Sec. 5304. Authorized programs.

Sec. 5305. Program priorities.

Sec. 5306. General provisions.

Sec. 5307. Authorization of appropriations.

PART D—Education Innovation and research

Sec. 5401. Grants for education innovation and research.

PART E—Accelerated learning

Sec. 5501. Short title.

Sec. 5502. Purposes.

Sec. 5503. Funding distribution rule.

Sec. 5504. Accelerated learning examination fee program.

Sec. 5505. Accelerated learning incentive program grants.

Sec. 5506. Supplement, not supplant.

Sec. 5507. Definitions.

Sec. 5508. Authorization of appropriations.

PART F—Ready-to-Learn Television

Sec. 5601. Ready-To-Learn.

PART G—Innovative technology expands children's horizons (I–TECH)

Sec. 5701. Purposes.

Sec. 5702. Definitions.

Sec. 5702A. Restriction.

Sec. 5703. Technology grants program authorized.

Sec. 5704. State applications.

Sec. 5705. State use of grant funds.

Sec. 5706. Local subgrants.

Sec. 5707. Reporting.

Sec. 5708. Authorization.

PART H—Literacy and Arts Education

Sec. 5801. Literacy and arts education.

PART I—Early learning alignment and improvement grants

Sec. 5901. Purposes; definitions.

Sec. 5902. Early learning alignment and improvement grants.

Sec. 5903. Authorization of appropriations.

PART J—Innovation schools demonstration authority

Sec. 5910. Innovation schools.

PART K—Full-service community schools

Sec. 5911. Short title.

Sec. 5912. Purposes.

Sec. 5913. Definition of full-service community school.

Sec. 5914. Local programs.

Sec. 5915. State programs.

Sec. 5916. Advisory committee.

Sec. 5917. General provisions.

Sec. 5918. Authorization of appropriations.

PART L—Promise neighborhoods

Sec. 5910. Short title.

Sec. 5911. Purpose.

Sec. 5912. Pipeline services defined.

Sec. 5913. Program authorized.

Sec. 5914. Eligible entities.

Sec. 5915. Application requirements.

Sec. 5916. Use of funds.

Sec. 5917. Report and publicly available data.

Sec. 5918. Performance accountability and evaluation.

Sec. 5919. National activities.

Sec. 5920. Authorization of appropriations.

TITLE VI—Flexibility and Accountability

Sec. 6001. Purposes.

PART A—Improving Academic achievement

SUBPART 1—Funding Transferability for State and Local Educational Agencies

Sec. 6111. Short title.

Sec. 6112. Purpose.

Sec. 6113. Transferability of funds.

SUBPART 2—Weighted student funding flexibility pilot program

Sec. 6121. Weighted student funding flexibility pilot program.

PART B—Rural Education Initiative

Sec. 6201. Short title.

Sec. 6202. Purpose.

SUBPART 1—Small, Rural School Achievement Program

Sec. 6211. Use of applicable funding.

Sec. 6212. Grant program authorized.

Sec. 6213. Academic achievement assessments.

SUBPART 2—Rural and Low-Income School Program

Sec. 6221. Program authorized.

Sec. 6222. Uses of funds.

Sec. 6223. Applications.

Sec. 6224. Accountability.

Sec. 6225. Choice of participation.

SUBPART 3—General Provisions

Sec. 6231. Annual average daily attendance determination.

Sec. 6232. Supplement, not supplant.

Sec. 6233. Rule of construction.

Sec. 6234. Authorization of appropriations.

PART C—General Provisions

Sec. 6301. Prohibition against Federal mandates, direction, or control.

Sec. 6302. Rule of construction on equalized spending.

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

PART A—Indian Education

Sec. 7101. Statement of policy.

Sec. 7102. Purpose.

SUBPART 1—Formula Grants to Local Educational Agencies

Sec. 7111. Purpose.

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

Sec. 7113. Amount of grants.

Sec. 7114. Applications.

Sec. 7115. Authorized services and activities.

Sec. 7116. Integration of services authorized.

Sec. 7117. Student eligibility forms.

Sec. 7118. Payments.

Sec. 7119. State educational agency review.

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

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

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

SUBPART 3—National Activities

Sec. 7131. National research activities.

Sec. 7135. Grants to tribes for education administrative planning, development, and coordination.

SUBPART 4—Federal Administration

Sec. 7141. National Advisory Council on Indian Education.

Sec. 7142. Peer review.

Sec. 7143. Preference for Indian applicants.

Sec. 7144. Minimum grant criteria.

SUBPART 5—Definitions; Authorizations of Appropriations

Sec. 7151. Definitions.

Sec. 7152. Authorizations of appropriations.

PART B—Native Hawaiian Education

Sec. 7201. Short title.

Sec. 7202. Findings.

Sec. 7203. Purposes.

Sec. 7204. Native Hawaiian Education Council.

Sec. 7205. Program authorized.

Sec. 7206. Administrative provisions.

Sec. 7207. Definitions.

PART C—Alaska Native Education

Sec. 7301. Short title.

Sec. 7302. Findings.

Sec. 7303. Purposes.

Sec. 7304. Program authorized.

Sec. 7305. Funds for administrative purposes.

Sec. 7306. Definitions.

PART D—Native American and Alaska Native language immersion schools and programs

Sec. 7401. Native American and Alaska Native language immersion schools and programs.

TITLE VIII—Impact aid

Sec. 8001. Purpose.

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

Sec. 8003. Payments for eligible federally connected children.

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

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

Sec. 8007. Construction.

Sec. 8008. Facilities.

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

Sec. 8010. Federal administration.

Sec. 8011. Administrative hearings and judicial review.

Sec. 8012. Forgiveness of overpayments.

Sec. 8013. Definitions.

Sec. 8014. Authorization of appropriations.

TITLE IX—General Provisions

PART A—Definitions

Sec. 9101. Definitions.

Sec. 9102. Applicability of title.

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

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

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

Sec. 9202. Single local educational agency States.

Sec. 9203. Consolidation of funds for local administration.

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

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

Sec. 9301. Purpose.

Sec. 9302. Optional consolidated State plans or applications.

Sec. 9303. Consolidated reporting.

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

Sec. 9305. Consolidated local plans or applications.

Sec. 9306. Other general assurances.

PART D—Waivers

Sec. 9401. Waivers of statutory and regulatory requirements.

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

Sec. 9451. Approval and disapproval of State plans.

Sec. 9452. Approval and disapproval of local educational agency applications.

PART F—Uniform Provisions

SUBPART 1—Private Schools

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

Sec. 9502. Standards for by-pass.

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

Sec. 9504. By-pass determination process.

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

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

SUBPART 2—Other Provisions

Sec. 9521. Maintenance of effort.

Sec. 9522. Prohibition regarding State aid.

Sec. 9523. Privacy of assessment results.

Sec. 9524. School prayer.

Sec. 9525. Equal access to public school facilities.

Sec. 9526. General prohibitions.

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

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

Sec. 9529. Prohibition on federally sponsored testing.

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

Sec. 9531. Prohibition on nationwide database.

Sec. 9532. Unsafe school choice option.

Sec. 9533. Prohibition on discrimination.

Sec. 9534. Civil rights.

Sec. 9535. Rulemaking.

Sec. 9536. Severability.

Sec. 9537. Transfer of school disciplinary records.

Sec. 9538. Consultation with Indian tribes and tribal organizations.

Sec. 9539. Prohibition on aiding and abetting sexual abuse.

Sec. 9539A. Application for competitive grants from the Bureau of Indian Education.

Sec. 9539B. Outreach and technical assistance for rural local educational agencies.

Sec. 9539C. Rule of construction regarding travel to and from school.

Sec. 9540. Consultation with the Governor.

Sec. 9540A. Local governance.

SUBPART 3—Teacher Liability Protection

Sec. 9541. Short title.

Sec. 9542. Purpose.

Sec. 9543. Definitions.

Sec. 9544. Applicability.

Sec. 9545. Preemption and election of State nonapplicability.

Sec. 9546. Limitation on liability for teachers.

Sec. 9547. Allocation of responsibility for noneconomic loss.

Sec. 9548. Effective date.

SUBPART 4—Internet Safety

Sec. 9551. Internet safety.

SUBPART 5—Gun Possession

Sec. 9561. Gun-free requirements.

SUBPART 6—Environmental Tobacco Smoke

Sec. 9571. Short title.

Sec. 9572. Definitions.

Sec. 9573. Nonsmoking policy for children’s services.

Sec. 9574. Preemption.

PART G—Evaluations

Sec. 9601. Evaluations.

.

I

Improving basic programs operated by State and local educational agencies

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 ensure that all children have a fair, equitable, and significant opportunity to receive a high-quality education that prepares them for postsecondary education or the workforce, without the need for postsecondary remediation, 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

For the purpose of carrying out part A, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021.

(b)

State assessments

For the purpose of carrying out part B, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021.

(c)

Education of migratory children

For the purpose of carrying out part C, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021.

(d)

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

For the purpose of carrying out part D, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021.

(e)

Federal activities

For the purpose of carrying out evaluation activities related to title I under section 9601, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021.

(f)

School intervention and support

For the purpose of carrying out section 1114, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021.

.

1003.

School intervention and support and State administration

The Act (20 U.S.C. 6301 et seq.) is amended—

(1)

by striking section 1003;

(2)

by redesignating section 1004 as section 1003; and

(3)

in section 1003, as redesignated by paragraph (2), by adding at the end the following:

(c)

Technical assistance and support

(1)

In general

Each State may reserve not more than 4 percent of the amount the State receives under subpart 2 of part A for a fiscal year to carry out paragraph (2) and to carry out the State educational agency’s responsibilities under section 1114(a), including carrying out the State educational agency’s statewide system of technical assistance and support for local educational agencies.

(2)

Uses

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

(A)

shall use not less than 95 percent of such amount by allocating such sums directly to local educational agencies for activities required under section 1114; or

(B)

may, with the approval of the local educational agency, directly provide for such activities or arrange for their provision through other entities such as school support teams, educational service agencies, or other nonprofit or for-profit organizations that use evidence-based strategies to improve student achievement, teaching, and schools.

(3)

Priority

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

(A)

serve the lowest-performing elementary schools and secondary schools, as identified by the State under section 1114;

(B)

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

(C)

demonstrate the strongest commitment to using evidence-based interventions to enable the lowest-performing schools to improve student achievement and student outcomes.

(4)

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 this subsection for a fiscal year is greater than the amount needed to provide the assistance described in this subsection, the State educational agency shall allocate the excess amount to local educational agencies in accordance with—

(A)

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

(B)

section 1126(c).

(5)

Special rule

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

(6)

Reporting

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

.

1004.

Basic program requirements

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

(1)

by striking sections 1111 through 1117 and inserting the following:

1111.

State plans

(a)

Plans required

(1)

In general

For any State desiring to receive a grant under this part, the State educational agency shall submit to the Secretary a plan, developed by the State educational agency with timely and meaningful consultation with the Governor, representatives 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, public charter school representatives (if applicable), specialized instructional support personnel, paraprofessionals (including organizations representing such individuals), administrators, other staff, and parents, that—

(A)

is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, the Carl D. Perkins Career and Technical Education Act of 2006, the Workforce Innovation and Opportunity Act, the Head Start Act, the Child Care and Development Block Grant Act of 1990, the Education Sciences Reform Act of 2002, the Education Technical Assistance Act, the National Assessment of Educational Progress Authorization Act, the McKinney-Vento Homeless Assistance Act, and the Adult Education and Family Literacy Act; and

(B)

describes how the State will implement evidence-based strategies for improving student achievement under this title and disseminate that information to local educational agencies.

(2)

Consolidated plan

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

(3)

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 that—

(I)

are representative of teachers, principals, other school leaders, specialized instructional support personnel, State educational agencies, local educational agencies, and individuals and researchers with practical experience in implementing academic standards, assessments, or accountability systems, and meeting the needs of disadvantaged students, children with disabilities, students who are English learners, the needs of low-performing schools, and other educational needs of students;

(II)

include a balanced representation of individuals who have 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 within the preceding 5 years; and

(III)

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 will review State plans under this section;

(iv)

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

(v)

deem a State plan as approved within 90 days of its submission unless the Secretary presents substantial evidence that clearly demonstrates that such 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 publicly available, 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)

Rule of construction

Nothing in this paragraph shall be construed as prohibiting the Secretary from appointing an individual to serve as a peer reviewer on more than one peer-review team under subparagraph (A) or to review more than one State plan.

(4)

State plan determination, demonstration, and revision

If the Secretary determines that a State plan does not meet the requirements of this subsection or subsection (b) or (c), the Secretary shall, prior to declining to approve the State plan—

(A)

immediately notify the State of such determination;

(B)

provide a detailed description of the specific requirements of this subsection or subsection (b) or (c) of the State plan that the Secretary determines fails to meet such requirements;

(C)

provide all peer-review comments, suggestions, recommendations, or concerns in writing to the State;

(D)

offer the State an opportunity to revise and resubmit its plan within 60 days of such determination, including the chance for the State to present substantial evidence to clearly demonstrate that the State plan meets the requirements of this part;

(E)

provide technical assistance, upon request of the State, in order to assist the State to meet the requirements of this subsection or subsection (b) or (c); and

(F)

conduct a public hearing within 30 days of such resubmission, with public notice provided not less than 15 days before such hearing, unless the State declines the opportunity for such public hearing.

(5)

State plan disapproval

The Secretary shall have the authority to disapprove a State plan if the State has been notified and offered an opportunity to revise and submit with technical assistance under paragraph (4), and—

(A)

the State does not revise and resubmit its plan; or

(B)

the State revises and resubmits a plan that the Secretary determines does not meet the requirements of this part after a hearing conducted under paragraph (4)(F), if applicable.

(6)

Limitations

(A)

In general

The Secretary shall not have the authority to require a State, as a condition of approval of the State plan or revisions or amendments to the State plan, to—

(i)

include in, or delete from, such plan 1 or more specific elements of the challenging State academic standards;

(ii)

use specific academic assessment instruments or items;

(iii)

set specific State-designed goals or specific timelines for such goals for all students or each of the categories of students, as defined in subsection (b)(3)(A);

(iv)

assign any specific weight or specific significance to any measures or indicators of student academic achievement or growth within State-designed accountability systems;

(v)

include in, or delete from, such a plan any criterion that specifies, defines, or prescribes—

(I)

the standards or measures that States or local educational agencies use to establish, implement, or improve challenging State academic standards, including the content of, or achievement levels within, such standards;

(II)

the specific types of academic assessments or assessment items that States and local educational agencies use to meet the requirements of this part;

(III)

any requirement that States shall measure student growth, the specific metrics used to measure student academic growth if a State chooses to measure student growth, or the specific indicators or methods to measure student readiness to enter postsecondary education or the workforce;

(IV)

any specific benchmarks, targets, goals, or metrics to measure nonacademic measures or indicators;

(V)

the specific weight or specific significance of any measure or indicator of student academic achievement within State-designed accountability systems;

(VI)

the specific goals States establish for student academic achievement or high school graduation rates, as described in subclauses (I) and (II) of subsection (b)(3)(B)(i);

(VII)

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

(VIII)

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

(vi)

require data collection beyond data derived from existing Federal, State, and local reporting requirements and data sources.

(B)

Rule of construction

Nothing in this paragraph shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary not otherwise explicitly authorized under Federal law.

(7)

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 through the website of the Department, including—

(A)

plans submitted or resubmitted by a State;

(B)

peer-review comments;

(C)

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

(D)

notices and transcripts of public hearings under this section.

(8)

Duration of the plan

(A)

In general

Each State plan shall—

(i)

remain in effect for the duration of the State’s participation under this part or 7 years, whichever is shorter; and

(ii)

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

(B)

Additional information

(i)

In general

If a State makes significant changes to its plan at any time, such as the adoption of new challenging State academic standards, new academic assessments, or changes to its accountability system under subsection (b)(3), 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 or disapprove changes to the State plan within 90 days in accordance with paragraphs (4) through (6) without undertaking the peer-review process under paragraph (3).

(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.

(C)

Renewal

A State educational agency shall submit a revised plan every 7 years subject to the peer-review process under paragraph (3).

(D)

Limitation

The Secretary shall not have the authority to place any new conditions, requirements, or criteria for approval of a plan submitted for renewal under subparagraph (C) that are not otherwise authorized under this part.

(9)

Failure to meet requirements

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

(10)

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 a computer friendly and easily accessible format, prior to submission to the Secretary for approval under this subsection. The State shall provide an assurance that public comments were taken into account in the development of the State plan.

(b)

Challenging State academic standards, academic assessments, and accountability systems

(1)

Challenging state academic standards

(A)

In general

Each State 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 be the same standards that the State applies to all public schools and public school students in the State.

(C)

Subjects

The State shall have such standards in mathematics, reading or language arts, and science, and any other subjects as determined by the State, which shall include the same knowledge, skills, and levels of achievement expected of all public school students in the State.

(D)

Alignment

Each State shall demonstrate that the challenging State academic standards are aligned with—

(i)

entrance requirements, without the need for academic remediation, for the system of public higher education in the State;

(ii)

relevant State career and technical education standards; and

(iii)

relevant State early learning guidelines, as required under section 658E(c)(2)(T) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)(T)).

(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 curriculum, consistent with the purposes of the Individuals with Disabilities Education Act, as stated in section 601(d) of such Act;

(III)

reflect professional judgment of the highest achievement standards attainable by those students;

(IV)

are designated in the individualized education program developed under section 614(d)(3) of the Individuals with Disabilities Education Act 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 for further education or employment.

(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 are aligned with the challenging State academic standards under subparagraph (A). Such standards shall—

(i)

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

(ii)

address the different proficiency levels of children who are English learners; and

(iii)

be aligned with the challenging State academic standards in reading or language arts, so that achieving proficiency in the State’s English language proficiency standards indicates a sufficient knowledge of English to measure validly and reliably the student’s achievement on the State’s reading or language arts 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 standard adopted under this part before or after the date of enactment of the Every Child Achieves Act of 2015.

(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 statewide academic assessments that—

(i)

includes, at a minimum, academic statewide assessments in mathematics, reading or language arts, and science; and

(ii)

meets the requirements of subparagraph (B).

(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 is made public, including on the website of the State educational agency;

(v)
(I)

measure the annual academic achievement of all students against the challenging State academic standards in, at a minimum, mathematics and reading or language arts, and be administered—

(aa)

in each of grades 3 through 8; and

(bb)

at least once in grades 9 through 12; and

(II)

measure the academic achievement of all students against the challenging State academic standards in science, and be administered not less than one time, during—

(aa)

grades 3 through 5;

(bb)

grades 6 through 9; and

(cc)

grades 10 through 12;

(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, and students with a disability who are provided accommodations under an Act other than the Individuals with Disabilities Education Act, necessary to measure the academic achievement of such children relative to the challenging State academic standards; 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 paragraph (1)(F);

(viii)

at the State’s choosing—

(I)

be administered through a single summative assessment; or

(II)

be administered through multiple statewide assessments during the course of the year if the State can demonstrate that the results of these multiple assessments, taken in their totality, provide a summative score that provides valid and reliable information on individual 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), that allow parents, teachers, principals, and other school leaders to understand and address the specific academic needs of students, and include information regarding achievement on academic assessments aligned with challenging State academic achievement standards, and that are provided to parents, teachers, principals, and other 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 the 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;

(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 to disaggregation

Notwithstanding subparagraph (B)(xi), the disaggregated results of assessments shall not be required in the case of a local educational agency or school if—

(i)

the number of students in a category described under subparagraph (B)(xi) is insufficient to yield statistically reliable information; or

(ii)

the results would reveal personally identifiable information about an individual student.

(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 content standards and alternate academic achievement standards described in paragraph (1)(E) for students with the most significant cognitive disabilities, if the State—

(I)

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)

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

(III)

ensures that, consistent with the requirements of the Individuals with Disabilities Education Act, parents are involved in the decision to use the alternate assessment for their child;

(IV)

ensures that, consistent with the requirements of the Individuals with Disabilities Education Act, students with the most significant cognitive disabilities are involved in and make progress in the general education curriculum;

(V)

describes in the State plan the appropriate accommodations provided to ensure access to the alternate assessment;

(VI)

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

(VII)

ensures that general and special education teachers and other appropriate staff know how to administer assessments, including making appropriate use of accommodations, to children with disabilities;

(VIII)

develops, disseminates information on, and promotes the use of appropriate accommodations to increase the number of students with significant cognitive disabilities participating in academic instruction and assessments and increase the number of students with significant cognitive disabilities who are tested against challenging State academic achievement standards; and

(IX)

ensures that students who take alternate assessments based on alternate academic achievement standards are not precluded from attempting to complete the requirements for a regular high school diploma.

(ii)

Students with the most significant cognitive disabilities

In determining the achievement of students in the State accountability system, a State educational agency shall include, for all schools in the State, the performance of the State’s students with the most significant cognitive disabilities on alternate assessments as described in this subparagraph in the subjects included in the State’s accountability system, consistent with the 1 percent limitation of clause (i)(I).

(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

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, and such State shall make every effort to develop such assessments as necessary.

(G)

Assessments of english language proficiency

Each State plan shall demonstrate that local educational agencies in the State will provide for an annual assessment of English proficiency, which is valid, reliable, and consistent with relevant nationally recognized professional and technical testing standards measuring students’ speaking, listening, reading, and writing skills in English, of all children who are English learners in the schools served by the State educational agency.

(H)

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.

(I)

Rule of construction regarding use of assessments for student promotion or graduation

Nothing in this paragraph shall be construed to prescribe or prohibit the use of the academic assessments described in this part for student promotion or graduation purposes.

(J)

Rule of construction regarding assessments

(i)

In general

Except as provided in clause (ii), nothing in this paragraph shall be construed to prohibit a State from developing and administering computer adaptive assessments as the assessments described in this paragraph, as long as the computer adaptive assessments—

(I)

meet the requirements of this paragraph; and

(II)

assess the student’s academic achievement in order to measure, in the subject being assessed, whether the student is performing above or below the student’s grade level.

(ii)

Applicability to alternate assessments for students with the most significant cognitive disabilities

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

(I)

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

(II)

assess the student’s academic achievement in order to measure, in the subject being assessed, whether the student is performing at the student’s grade level.

(K)

Rule of construction on parent and guardian rights

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

(L)

Limitation on assessment time

(i)

In General

As a condition of receiving an allocation under this part for any fiscal year, each State shall—

(I)

set a limit on the aggregate amount of time devoted to the administration of assessments (including assessments adopted pursuant to this subsection, other assessments required by the State, and assessments required districtwide by the local educational agency) for each grade, expressed as a percentage of annual instructional hours; and

(II)

ensure that each local educational agency in the State will notify the parents of each student attending any school in the local educational agency, on an annual basis, whenever the limitation described in subclause (I) is exceeded.

(ii)

Children with disabilities and English learners

Nothing in clause (i) shall be construed to supersede the requirements of Federal law relating to assessments that apply specifically to children with disabilities or English learners.

(3)

State accountability system

(A)

Category of students

In this paragraph, the term category of students means—

(i)

economically disadvantaged students;

(ii)

students from major racial and ethnic groups;

(iii)

children with disabilities; and

(iv)

English learner students.

(B)

Description of system

Each State plan shall describe a single, statewide State accountability system that will be based on the challenging State academic standards adopted by the State in mathematics and reading or language arts under paragraph (1)(C) to ensure that all students graduate from high school prepared for postsecondary education or the workforce without the need for postsecondary remediation and at a minimum complies with the following:

(i)

Establishes measurable State-designed goals for all students and each of the categories of students in the State that take into account the progress necessary for all students and each of the categories of students to graduate from high school prepared for postsecondary education or the workforce without the need for postsecondary remediation, for, at a minimum each of the following:

(I)

Academic achievement, which may include student growth, on the State assessments under paragraph (2)(B)(v)(I).

(II)

High school graduation rates, including—

(aa)

the 4-year adjusted cohort graduation rate; and

(bb)

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

(ii)

Annually measures and reports on the following indicators:

(I)

The academic achievement of all public school students in all public schools and local educational agencies in the State towards meeting the goals described in clause (i) and the challenging State academic standards for all students and for each of the categories of students using student performance on State assessments required under paragraph (2)(B)(v)(I), which may include measures of student academic growth to such standards.

(II)

The academic success of all public school students in all public schools and local educational agencies in the State, that is, with respect to—

(aa)

elementary schools and secondary schools that are not high schools, an academic indicator, as determined by the State, that is the same statewide for all public elementary school students and all students at such secondary schools, and each category of students; and

(bb)

high schools, the high school graduation rates of all public high school students in all public high schools in the State toward meeting the goals described in clause (i), for all students and for each of the categories of students, including the 4-year adjusted cohort graduation rate and at the State’s discretion, the extended-year adjusted cohort graduation rate.

(III)

English language proficiency of all English learners in all public schools and local educational agencies, which may include measures of student growth.

(IV)

Not less than one other valid and reliable indicator of school quality, student success, or student supports, as determined appropriate by the State, that will be applied to all local educational agencies and schools consistently throughout the State for all students and for each of the categories of students, which may include measures of—

(aa)

student readiness to enter postsecondary education or the workforce without the need for postsecondary remediation, which may include—

(AA)

measures that integrate preparation for postsecondary education and the workforce, including performance in coursework sequences that integrate rigorous academics, work-based learning, and career and technical education;

(BB)

measures of a high-quality and accelerated academic program as determined appropriate by the State, which may include the percentage of students who participate in a State-approved career and technical program of study as described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 and measures of technical skill attainment and placement described in section 113(b) of such Act and reported by the State in a manner consistent with section 113(c) of such Act, or other substantially similar measures;

(CC)

student performance on assessments aligned with the expectations for first-year postsecondary education success;

(DD)

student performance on admissions tests for postsecondary education;

(EE)

student performance on assessments of career readiness and acquisition of 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);

(FF)

student enrollment rates in postsecondary education;

(GG)

measures of student remediation in postsecondary education; and

(HH)

measures of student credit accumulation in postsecondary education;

(bb)

student engagement, such as attendance rates and chronic absenteeism (including both excused and unexcused absences);

(cc)

educator engagement, such as educator satisfaction (including working conditions within the school), teacher quality and effectiveness, and teacher absenteeism;

(dd)

results from student, parent, and educator surveys;

(ee)

school climate and safety, such as incidents of school violence, bullying, and harassment, and disciplinary rates, including rates of suspension, expulsion, referrals to law enforcement, school-related arrests, disciplinary transfers (including placements in alternative schools), and student detentions;

(ff)

student access to or success in advanced coursework or educational programs or opportunities, which may include participation and performance in Advanced Placement, International Baccalaureate, dual enrollment, and early college high school programs; and

(gg)

any other State-determined measure of school quality or student success.

(iii)

Establishes a system of annually identifying and meaningfully differentiating among all public schools in the State, which shall—

(I)

be based on all indicators in the State’s accountability system under clause (ii) for all students and for each of the categories of students; and

(II)

use the indicators described in subclauses (I) and (II) of clause (ii) as substantial factors in the annual identification of schools, and the weight of such factors shall be determined by the State.

(iv)

For public schools receiving assistance under this part, meets the requirements of section 1114.

(v)

Provides a clear and understandable explanation of the method of identifying and meaningfully differentiating schools under clause (iii).

(vi)

Measures the annual progress of not less than 95 percent of all students, and students in each of the categories of students, who are enrolled in the school and are required to take the assessments under paragraph (2) and provides a clear and understandable explanation of how the State will factor this requirement into the State-designed accountability system determinations.

(4)

Exception for english learners

A State may choose to—

(A)

exclude a recently arrived English learner who has attended school in one of the 50 States in the United States or in the District of Columbia for less than 12 months from one administration of the reading or language arts assessment required under paragraph (2);

(B)

exclude the results of a recently arrived English learner who has attended school in one of the 50 States in the United States or in the District of Columbia for less than 12 months on the assessments under paragraph (2)(B)(v)(I), except for the results on the English language proficiency assessments required under paragraph (2)(G), for the first year of the English learner’s enrollment in a school in the United States for the purposes of the State-determined accountability system under this subsection; and

(C)

include the results on the assessments under paragraph (2)(B)(v)(I), except for results on the English language proficiency assessments required under paragraph (2)(G), of former English learners for not more than 4 years after the student is no longer identified as an English learner within the English learner category of the categories of students, as defined in paragraph (3)(A), for the purposes of the State-determined accountability system.

(5)

Accountability for charter schools

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

(6)

Prohibition on Federal interference with State and local decisions

Nothing in this subsection shall be construed to permit the Secretary to establish any criterion that specifies, defines, or prescribes—

(A)

the standards or measures that States or local educational agencies use to establish, implement, or improve challenging State academic standards, including the content of, or achievement levels within, such standards;

(B)

the specific types of academic assessments or assessment items that States or local educational agencies use to meet the requirements of paragraph (2)(B) or otherwise use to measure student academic achievement or student growth;

(C)

the specific goals that States establish within State-designed accountability systems for all students and for each of the categories of students, as defined in paragraph (3)(A), for student academic achievement or high school graduation rates, as described in subclauses (I) and (II) of paragraph (3)(B)(i);

(D)

any requirement that States shall measure student growth or the specific metrics used to measure student academic growth if a State chooses to measure student growth;

(E)

the specific indicator under paragraph (3)(B)(ii)(II)(aa), or any indicator under paragraph (3)(B)(ii)(IV), that a State must use within the State-designed accountability system;

(F)

setting specific benchmarks, targets, or goals, for any other measures or indicators established by a State under subclauses (III) and (IV) of paragraph (3)(B)(ii), including progress or growth on such measures or indicators;

(G)

the specific weight or specific significance of any measures or indicators used to measure, identify, or differentiate schools in the State-determined accountability system, as described in clauses (ii) and (iii) of paragraph (3)(B);

(H)

the terms meaningfully or substantially as used in this part;

(I)

the specific methods used by States and local educational agencies to identify and meaningfully differentiate among public schools;

(J)

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

(K)

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

(c)

Other plan provisions

(1)

Descriptions

Each State plan shall describe—

(A)

with respect to any accountability provisions under this part that require disaggregation of information by each of the categories of students, as defined in subsection (b)(3)(A)—

(i)

the minimum number of students that the State determines are necessary to be included in each such category of students to carry out such requirements and how that number is statistically sound;

(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 setting the minimum number; and

(iii)

how the State ensures that such minimum number does not reveal personally identifiable information about students;

(B)

the State educational agency’s system to monitor and evaluate the intervention and support strategies implemented by local educational agencies in schools identified as in need of intervention and support under section 1114, including the lowest-performing schools and schools identified for other reasons, including schools with categories of students, as defined in subsection (b)(3)(A), not meeting the goals described in subsection (b)(3)(B)(i), and the steps the State will take to further assist local educational agencies, if such strategies are not effective;

(C)

in the case of a State that proposes to use funds under this part to offer early childhood education programs, how the State provides assistance and support to local educational agencies and individual elementary schools that are creating, expanding, or improving such programs, such as through plans for engaging and supporting principals and other school leaders responsible for improving early childhood alignment with their elementary school, supporting teachers in understanding the transition between early learning to kindergarten, and increasing parent and community engagement;

(D)

in the case of a State that proposes to use funds under this part to support a multi-tiered system of supports, positive behavioral interventions and supports, or early intervening services, how the State educational agency will assist local educational agencies in the development, implementation, and coordination of such activities and services with similar activities and services carried out under the Individuals with Disabilities Education Act in schools served by the local educational agency, including by providing technical assistance, training, and evaluation of the activities and services;

(E)

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

(F)

how low-income and minority children enrolled in schools assisted under this part are not served at disproportionate rates by ineffective, out-of-field, and inexperienced teachers, principals, or other school leaders, 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;

(G)

how the State will make public the methods or criteria the State or its local educational agencies are using to measure teacher, principal, and other school leader effectiveness for the purpose of meeting the requirements described in subparagraph (F); however, nothing in this subparagraph shall be construed as requiring a State to develop or implement a teacher, principal, or other school leader evaluation system;

(H)

how the State educational agency will protect each student from physical or mental abuse, aversive behavioral interventions that compromise student health and safety, or any physical restraint or seclusion imposed solely for purposes of discipline or convenience, which may include how such agency will identify and support, including through professional development, training, and technical assistance, local educational agencies and schools that have high levels of seclusion and restraint or disproportionality in rates of seclusion and restraint;

(I)

how the State educational agency will address school discipline issues, which may include how such agency will identify and support, including through professional development, training, and technical assistance, local educational agencies and schools that have high levels of exclusionary discipline or disproportionality in rates of exclusionary discipline;

(J)

how the State educational agency will address school climate issues, which may include providing technical assistance on effective strategies to reduce the incidence of school violence, bullying, harassment, drug and alcohol use and abuse, and rates of chronic absenteeism (including both excused and unexcused absences);

(K)

how the State determines, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, the timelines and annual goals for progress necessary to move English learners from the lowest levels of English proficiency to the State-defined proficient level in a State-determined number of years, including an assurance that such goals will be based on students’ initial language proficiency when first identified as an English learner and may take into account the amount of time that an individual child has been enrolled in a language program and grade level;

(L)

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;

(M)

how the State will ensure the unique needs of students at all levels of schooling are met, particularly students in the middle grades and high school, including how the State will work with local educational agencies to—

(i)

assist in the identification of middle grades and high school students who are at-risk of dropping out, such as through the continuous use of student data related to measures such as attendance, student suspensions, course performance, and, postsecondary credit accumulation that results in actionable steps to inform and differentiate instruction and support;

(ii)

ensure effective student transitions from elementary school to middle grades and middle grades to high school, such as by aligning curriculum and supports or implementing personal academic plans to enable such students to stay on the path to graduation;

(iii)

ensure effective student transitions from high school to postsecondary education, such as through the establishment of partnerships between local educational agencies and institutions of higher education and providing students with choices for pathways to postsecondary education, which may include the integration of rigorous academics, career and technical education, and work-based learning;

(iv)

provide professional development to teachers, principals, other school leaders, and other school personnel in addressing the academic and developmental needs of such students; and

(v)

implement any other evidence-based strategies or activities that the State determines appropriate for addressing the unique needs of such students;

(N)

how the State educational agency will provide support to local educational agencies for the education of expectant and parenting students;

(O)

how the State educational agency will demonstrate a coordinated plan to seamlessly transition students from secondary school into postsecondary education or careers without remediation, including a description of the specific transition activities that the State educational agency will carry out, such as providing students with access to early college high school or dual or concurrent enrollment opportunities;

(P)

if applicable, whether the State conducts periodic assessments of the condition of elementary school and secondary school facilities in the State, which may include an assessment of the age of the facility and the state of repair of the facility;

(Q)

if applicable, how the State educational agency will provide support to local educational agencies for the education of children facing substance abuse in the home, which may include how such agency will provide professional development, training, and technical assistance to local educational agencies, elementary schools, and secondary schools in communities with high rates of substance abuse; and

(R)

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

(i)

assist local educational agencies in identifying and serving gifted and talented students;

(ii)

assist local educational agencies in developing effective school library programs to provide students an opportunity to develop digital literacy skills and to help ensure that all students graduate from high school prepared for postsecondary education or the workforce without the need for remediation;

(iii)

encourage the offering of a variety of well-rounded education experiences to students; and

(iv)

use funds under this part to support efforts to expand and replicate successful practices from high-performing charter schools, magnet schools, and traditional public schools.

(2)

Assurances

Each State plan shall provide an assurance that—

(A)

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;

(B)

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

(C)

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 if the Secretary pays the costs of administering such assessments;

(D)

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 in order to improve educational opportunities and reduce unnecessary fiscal and accounting requirements;

(E)

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 1115;

(F)

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;

(G)

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;

(H)

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

(I)

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 alternative certification requirements;

(J)

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

(K)

the State educational agency has involved the committee of practitioners established under section 1503(b) in developing the plan and monitoring its implementation;

(L)

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 Child Achieves Act of 2015;

(M)

the State educational agency will assess the system for collecting data from local educational agencies, and the technical assistance provided to local educational agencies on data collection, and will evaluate the need to upgrade or change the system and to provide additional support to help minimize the burden on local educational agencies related to reporting data required for the annual State report card described in subsection (d)(1) and annual local educational agency report cards described in subsection (d)(2); and

(N)

the State educational agency will provide the information described in clauses (ii), (iii), and (iv) of subsection (d)(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, and students with or without disabilities, which—

(i)

may be accomplished by including such information on the annual State report card described subsection (d)(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 category 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 categories of students under subsection (b)(3)(A) for the purposes of the State accountability system under subsection (b)(3); or

(B)

to prohibit States 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 in order to meet the requirements of paragraph (2)(N).

(d)

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

(i)

In general

The State report card required under this paragraph 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)

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

(ii)

Ensuring privacy

No State report card required under this paragraph shall include any personally identifiable information about any student. Each such report card shall be consistent with the privacy protections under 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).

(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 (b)(3), including the goals for all students and for each of the categories of students, as defined in subsection (b)(3)(A), the indicators used in the accountability system to evaluate school performance described in subsection (b)(3)(B), and the weights of the indicators used in the accountability system to evaluate school performance.

(ii)

For all students and disaggregated by each category of students described in subsection (b)(2)(B)(xi), homeless status, and status as a child in foster care, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student, 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 category of students described in subsection (b)(2)(B)(xi), the percentage of students assessed and not assessed.

(iv)

For all students and disaggregated by each of the categories of students, as defined in subsection (b)(3)(A), and for purposes of subclause (II), homeless status and status as a child in foster care, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student—

(I)

information on the performance on the other academic indicator under subsection (b)(3)(B)(ii)(II)(aa) used by the State in the State accountability system; and

(II)

high school graduation rates, including 4-year adjusted cohort graduation rates and, at the State’s discretion, extended-year adjusted cohort graduation rates.

(v)

Information on indicators or measures of school quality, climate and safety, and discipline, including the 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), and incidences of violence, including bullying and harassment, that the State educational agency and each local educational agency in the State reported to the Civil Rights Data Collection biennial survey required by the Office for Civil Rights of the Department that is the most recent to the date of the determination in the same manner that such information is presented on such survey.

(vi)

The minimum number of students that the State determines are necessary to be included in each of the categories of students, as defined in subsection (b)(3)(A), for use in the accountability system under subsection (b)(3).

(vii)

The professional qualifications of teachers, principals, and other school leaders in the State, including information (that shall be presented in the aggregate and disaggregated by high-poverty compared to low-poverty schools which, for the purpose of this clause, means schools in each quartile based on school poverty level, and high–minority and low–minority schools in the State) on the number, percentage, and distribution of—

(I)

inexperienced teachers, principals, and other school leaders;

(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;

(IV)

teachers, principals, and other school leaders who are ineffective, as determined by the State, using the methods or criteria under subsection (c)(1)(G); and

(V)

the annual retention rates of effective and ineffective teachers, principals, and other school leaders, as determined by the State, using the methods or criteria under subsection (c)(1)(G).

(viii)

Information on the performance of local educational agencies and schools in the State, including the number and names of each school identified for intervention and support under section 1114.

(ix)

For a State that implements a teacher, principal, and other school leader evaluation system consistent with title II, the evaluation results of teachers, principals, and other school leaders, except that such information shall not provide personally identifiable information on individual teachers, principals, or other school leaders.

(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 that take an alternate assessment under subsection (b)(2)(D), by grade and subject.

(xii)

Information on the acquisition of English language proficiency by students who are English learners.

(xiii)

Information on, including information that the State educational agency and each local educational agency in the State reported to the Civil Rights Data Collection biennial survey required by the Office for Civil Rights of the Department that is the most recent to the date of the determination in the same manner that such information is presented on such survey on—

(I)

the number and percentage of—

(aa)

students enrolled in gifted and talented programs;

(bb)

students enrolled in rigorous 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 and early college high schools; and

(cc)

children enrolled in preschool programs;

(II)

the average class size, by grade; and

(III)

any other indicators determined by the State.

(xiv)

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 and reported by States only in a manner consistent with section 113(c) of that Act.

(xv)

Results on the National Assessment of Educational Progress in reading and mathematics in grades 4 and 8 for the State, compared to the national average.

(xvi)

Information on the percentage of students, including for each of the categories of students, as defined in subsection (b)(3)(A), who did not meet the State goals established under subsection (b)(3)(B).

(xvii)

Information regarding the number of military-connected students (which, for purposes of this clause, shall mean students with parents who serve in the uniformed services, including the National Guard and Reserves), and information regarding the academic achievement of such students, except that such information shall not be used for school or local educational agency accountability purposes under sections 1111(b)(3) and 1114.

(xviii)

In the case of each coeducational school in the State that receives assistance under this part—

(I)

a listing of the school’s interscholastic sports teams that participated in athletic competition;

(II)

for each such team—

(aa)

the total number of male and female participants, disaggregated by gender and race;

(bb)

the season in which the team competed, whether the team participated in postseason competition, and the total number of competitive events scheduled;

(cc)

the total expenditures from all sources, including expenditures for travel, uniforms, facilities, and publicity for competitions; and

(dd)

the total number of coaches, trainers, and medical personnel, and for each such individual an identification of such individual's employment status, and duties other than providing coaching, training, or medical services; and

(III)

the average annual salary of the head coaches of boys' interscholastic sports teams, across all offered sports, and the average annual salary of the head coaches of girls' interscholastic sports teams, across all offered sports.

(xix)

for each high school in the State, and beginning with the report card released in 2017, the cohort rate (in the aggregate, and disaggregated for each category of students defined in subsection (b)(3)(A), except that such disaggregation shall not be required in a case in which the number of students is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student) 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;

(xx)

if available and to the extent practicable, for each high school in the State and beginning with the report card released in 2018, the remediation rate (in the aggregate, and disaggregated for each category of students defined in subsection (b)(3)(A), except that such disaggregation shall not be required in a case in which the number of students is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student) for students who graduate from the high school at—

(I)

programs of postsecondary education in the State; and

(II)

programs of postsecondary education outside the State;

(xxi)

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.

(D)

Rule of construction

(i)

In general

Nothing in clause (v) or (xiii) of subparagraph (C) shall be construed as requiring a State to report any data that are not otherwise required or voluntarily submitted to the Civil Rights Data Collection biennial survey required by the Office for Civil Rights of the Department.

(ii)

Continuation of submission to department of information

If, at any time after the date of enactment of the Every Child Achieves Act of 2015, the Civil Rights Data Collection biennial survey is no longer conducted by the Office for Civil Rights of the Department, a State educational agency shall still include the information under clauses (v) and (xiii) of subparagraph (C) in the State report card under this paragraph in the same manner that such information is presented on such survey.

(2)

Annual local educational agency report cards

(A)

In general

(i)

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—

(I)

information on such agency as a whole; and

(II)

for each school served by the agency, a school report card that meets the requirements of this paragraph.

(ii)

No personally identifiable information

No local educational agency report card required under this paragraph shall include any personally identifiable information about any student.

(iii)

Consistent with FERPA

Each local educational agency report card shall be consistent with the privacy protections under 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).

(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 on the website of each school served by the agency; and

(II)

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

(C)

Minimum requirements

Each local educational agency report card required under this paragraph shall include—

(i)

the information described in paragraph (1)(C), disaggregated in the same manner as under paragraph (1)(C), except for clause (xv) 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; and

(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;

(ii)

any information required by the State under paragraph (1)(C)(xviii); 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)

Public dissemination

(i)

In general

Except as provided in clause (ii), a local educational agency shall—

(I)

publicly disseminate the information described in this paragraph to all schools in the school district served by the local educational agency and to all parents of students attending such schools; and

(II)

make the information widely available through public means, including through electronic means, including posting in an easily accessible manner on the local educational agency’s website, except in the case in which an agency does not operate a website, such agency shall determine how to make the information available, such as through distribution to the media, and distribution through public agencies.

(ii)

Exception

If a local educational agency issues a report card for all students, the local educational agency may include the information described in this paragraph as part of such report.

(3)

Preexisting report cards

A State educational agency or local educational agency that was providing public report cards on the performance of students, schools, local educational agencies, or the State prior to the date of enactment of the Every Child Achieves Act of 2015, may use such report cards for the purpose of disseminating information under this subsection if the report card is modified, as may be needed, to contain the information required by this subsection.

(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 student achievement on the academic assessments described in subsection (b)(2) for all students and disaggregated by each of the categories of students, as defined in subsection (b)(3)(A), including—

(i)

the percentage of students who achieved at each level of achievement the State has set in subsection (b)(1);

(ii)

the percentage of students who did not meet the State goals set in subsection (b)(3)(B); and

(iii)

if applicable, the percentage of students making at least one year of academic growth over the school year, as determined by the State;

(B)

the percentage of students assessed and not assessed on the academic assessments described in subsection (b)(2) for all students and disaggregated by each category of students described in subsection (b)(2)(B)(xi);

(C)

for all students and disaggregated by each of the categories of students, as defined in subsection (b)(3)(A)—

(i)

information on the performance on the other academic indicator under subsection (b)(3)(B)(ii)(II)(aa) used by the State in the State accountability system;

(ii)

high school graduation rates, including 4-year adjusted cohort graduation rates and, at the State’s discretion, extended-year adjusted cohort graduation rates; and

(iii)

information on each State-determined indicator of school quality, success, or student support under subsection (b)(3)(B)(ii)(IV) selected by the State in the State accountability system;

(D)

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

(E)

the per-pupil expenditures of Federal, State, and local funds, including actual staff personnel expenditures and actual nonpersonnel expenditures, disaggregated by source of funds for each school served by the agency for the preceding fiscal year;

(F)

the number and percentage of students with the most significant cognitive disabilities that take an alternate assessment under subsection (b)(2)(D), by grade and subject;

(G)

the number and names of the schools identified as in need of intervention and support under section 1114, and the school intervention and support strategies developed and implemented by the local educational agency under section 1114(b) to address the needs of students in each school;

(H)

the number of students and schools that participated in public school choice under section 1114(b)(4);

(I)

information on the quality and effectiveness of teachers for each quartile of schools based on the school’s poverty level and high–minority and low–minority schools in the local educational agencies in the State, including the number, percentage, and distribution of—

(i)

inexperienced teachers;

(ii)

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

(iii)

teachers who are not effective, as determined by the State if the State has a statewide teacher, principal, or other school leader evaluation system; and

(J)

if the State has a statewide teacher, principal, or other school leader evaluation system, information on the results of such teacher, principal, or other school leader evaluation systems that does not reveal personally identifiable information.

(6)

Presentation of data

(A)

In general

A State educational agency or local educational agency shall only include in its annual report card described under paragraphs (1) and (2) data that are sufficient to yield statistically reliable information, and that do not reveal personally identifiable information about an individual student, teacher, principal, or other school leader.

(B)

Student privacy

In carrying out this subsection, student education records shall not be released without written consent 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).

(7)

Report to congress

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

(8)

Secretary’s report card

(A)

In general

Not later than July 1, 2017, and annually thereafter, the Secretary, acting through the Director of the Institute of Education Sciences, shall transmit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a national report card on the status of elementary and secondary education in the United States. Such report shall—

(i)

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

(ii)

analyze data from the National Assessment of Educational Progress and comparable international assessments;

(iii)

identify trends in student achievement and high school graduation rates (including 4-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates), by analyzing and reporting on the status and performance of students, disaggregated by achievement level and by each of the categories of students, as defined in subsection (b)(3)(A), and by students in rural schools;

(iv)

analyze data on Federal, State, and local expenditures on education, including per-pupil spending, teacher salaries, school-level spending, and other financial data publicly available, and report on current trends and major findings; and

(v)

analyze information on the teaching, principal, and other school leader professions, including education and training, retention and mobility, and effectiveness in improving student achievement.

(B)

Special rule

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

(C)

Public recognition

The Secretary may identify and publicly recognize States, local educational agencies, schools, programs, and individuals for exemplary performance.

(e)

Voluntary partnerships

(1)

In general

Nothing in this section shall be construed to prohibit a State from entering into a voluntary partnership with another State to develop and implement the academic assessments, challenging State academic standards, and accountability systems required under this section.

(2)

Prohibition

The Secretary shall be prohibited from requiring or coercing a State to enter into a voluntary partnership described in paragraph (1), including—

(A)

as a condition of approval of a State plan under this section;

(B)

as a condition of an award of Federal funds under any grant, contract, or cooperative agreement;

(C)

as a condition of approval of a waiver under section 9401; or

(D)

by providing any priority, preference, or special consideration during the application process under any grant, contract, or cooperative agreement.

(f)

Special rule with respect to bureau-funded schools

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

(1)

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

(2)

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

(3)

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

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, public charter school representatives (if applicable), specialized instructional support personnel, paraprofessionals (including organizations representing such individuals), administrators (including administrators of programs described in other parts of this title), and other appropriate school personnel, and with parents of children in schools served under this part;

(B)

satisfies the requirements of this section; and

(C)

as appropriate, is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, the Carl D. Perkins Career and Technical Education Act of 2006, the Workforce Innovation and Opportunity Act, the Head Start Act, the Child Care and Development Block Grant Act of 1990, the Education Sciences Reform Act of 2002, the Education Technical Assistance Act, the National Assessment of Educational Progress Authorization Act, the McKinney-Vento Homeless Assistance Act, and the Adult Education and Family Literacy Act.

(2)

Consolidated application

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

(3)

State review and 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 meets the requirements of this part and enables children served under this part to meet the challenging State academic standards described in section 1111(b)(1).

(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 Child Achieves Act of 2015 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 to reflect changes in the local educational agency’s strategies and programs under this part.

(6)

Renewal

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

(b)

Plan provisions

To ensure that all children receive a high-quality education that prepares them for postsecondary education or the workforce without the need for postsecondary remediation, and to close the achievement gap between children meeting the challenging State academic standards and those who are not, each local educational agency plan shall describe—

(1)

how the local educational agency will work with each of the schools served by the agency so that students meet the challenging State academic standards by—

(A)

developing and implementing a comprehensive program of instruction to meet the academic needs of all students;

(B)

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

(C)

providing additional educational assistance to individual students determined as needing help in meeting the challenging State academic standards;

(D)

identifying significant gaps in student academic achievement and graduation rates between each of the categories of students, as defined in section 1111(b)(3)(A), and developing strategies to reduce such gaps in achievement and graduation rates; and

(E)

identifying and implementing evidence-based methods and instructional strategies intended to strengthen the academic program of the school and improve school climate;

(2)

how the local educational agency will monitor and evaluate the effectiveness of school programs in improving student academic achievement and academic growth, if applicable, especially for students not meeting the challenging State academic standards;

(3)

how the local educational agency will—

(A)

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

(B)

identify and address, as required under State plans as described in section 1111(c)(1)(F), any disparities that result in low-income students and minority students being taught at higher rates than other students by ineffective, inexperienced, and out-of-field teachers;

(4)

the actions the local educational agency will take to assist schools identified as in need of intervention and support under section 1114, including the lowest-performing schools in the local educational agency, and schools identified for other reasons, including schools with categories of students, as defined in section 1111(b)(3)(A), not meeting the goals described in section 1111(b)(3)(B), to improve student academic achievement, the funds used to conduct such actions, and how such agency will monitor such actions;

(5)

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

(6)

the programs to be conducted by such agency’s schools under section 1113 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;

(7)

the services the local educational agency will provide homeless children, including services provided with funds reserved under section 1113(a)(4)(A)(i);

(8)

the strategy the local educational agency will use to implement effective parent and family engagement under section 1115;

(9)

if applicable, how the local educational agency will coordinate and integrate services provided under this part with preschool educational services at the local educational agency or individual school level, such as Head Start programs, the literacy program under part D of title II, State-funded preschool programs, and other community-based early childhood education programs, including plans for the transition of participants in such programs to local elementary school programs;

(10)

how the local educational agency will coordinate programs and integrate services under this part with other Federal, State, tribal, and local services and programs, including programs supported under this Act, the Carl D. Perkins Career and Technical Education Act of 2006, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, the Head Start Act, the Child Care and Development Block Grant Act of 1990, the Workforce Innovation and Opportunity Act, the McKinney-Vento Homeless Assistance Act, and the Education Sciences Reform Act of 2002, violence prevention programs, nutrition programs, and housing programs;

(11)

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 1113, will identify the eligible children most in need of services under this part;

(12)

in the case of a local educational agency that proposes to use funds under this part to support a multi-tiered system of supports, positive behavioral interventions and supports, or early intervening services, how the local educational agency will provide such activities and services and coordinate them with similar activities and services carried out under the Individuals with Disabilities Education Act in schools served by the local educational agency, including by providing technical assistance, training, and evaluation of the activities and services;

(13)

how the local educational agency will provide opportunities for the enrollment, attendance, and success of homeless children and youths consistent with the requirements of the McKinney-Vento Homeless Assistance Act and the services the local educational agency will provide homeless children and youths;

(14)

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

(A)

if applicable, through coordination with institutions of higher education, employers, and other local partners to seamlessly transition students from high school into postsecondary education or careers without remediation; and

(B)

a description of the specific transition activities the local educational agency will take, such as providing students with access to early college high school or dual or concurrent enrollment opportunities that enable students during high school to earn postsecondary credit or an industry-recognized credential that meets any quality standards required by the State or utilizing comprehensive career counseling to identify student interests and skills;

(15)

how the local educational agency will address school discipline issues, which may include identifying and supporting schools with significant discipline disparities, or high rates of discipline, disaggregated by each of the categories of students, as defined in section 1111(b)(3)(A), including by providing technical assistance on effective strategies to reduce such disparities and high rates;

(16)

how the local educational agency will address school climate issues, which may include identifying and improving performance on school climate indicators related to student achievement and providing technical assistance to schools;

(17)

how the local educational agency will provide opportunities for the enrollment, attendance, and success of expectant and parenting students and the services the local educational agency will provide expectant and parenting students;

(18)

if determined appropriate by the local educational agency, how such agency will support programs that promote integrated academic and career and technical education content through coordinated instructional strategies, that may incorporate experiential learning opportunities; and

(19)

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;

(B)

assist schools in developing effective school library programs to provide students an opportunity to develop digital literacy skills and to help ensure that all students graduate from high school prepared for postsecondary education or the workforce without the need for remediation; and

(C)

encourage the offering of a variety of well-rounded education experiences to students.

(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 1116, 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;

(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, 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 and, by not later than 1 year after the date of enactment of the Every Child Achieves Act of 2015, 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—

(A)

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

(B)

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)

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.

(d)

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 any State or local educational agency policy, procedure, or parental right regarding student participation in any mandated assessments for that school year, in addition to information regarding the professional qualifications of the student’s classroom teachers, including at a minimum, the following:

(i)

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

(ii)

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

(iii)

The field of discipline of the certification of the teacher.

(iv)

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

Subject to subparagraph (B), 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 and calendar for the assessment; and

(II)

the time and format for disseminating results.

(B)

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 a parent or parents of a child who is 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 children who are English learners, and the expected rate of graduation from high school (including 4-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; 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

Each local educational agency receiving funds under this part and title III shall implement an effective means of outreach to parents of children who are English learners to inform the parents how the parents can be involved in the education of their children, and be active participants in assisting their children to attain English proficiency, achieve at high levels in core academic subjects, and meet the challenging State academic standards expected of all students, including holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this part and 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.

(3)

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.

1113.

Eligible school attendance areas; schoolwide programs; targeted assistance programs

(a)

Eligible school attendance areas

(1)

Determination

(A)

In general

A local educational agency shall use funds received under this part only in eligible school attendance areas.

(B)

Eligible school attendance areas

In this part—

(i)

the term school attendance area means, in relation to a particular school, the geographical area in which the children who are normally served by that school reside; and

(ii)

the term eligible school attendance area means a school attendance area in which the percentage of children from low-income families is at least as high as the percentage of children from low-income families served by the local educational agency as a whole.

(C)

Ranking order

(i)

In general

Except as provided in clause (ii), if funds allocated in accordance with paragraph (3) are insufficient to serve all eligible school attendance areas, a local educational agency shall—

(I)

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

(II)

serve such eligible school attendance areas in rank order.

(ii)

Rule of construction

Nothing in this subparagraph shall be construed as requiring a local educational agency to reduce, in order to comply with clause (i), the amount of funding provided under this part to elementary schools and middle schools from the amount of funding provided under this part to such schools for the fiscal year preceding the date of enactment of the Every Child Achieves Act of 2015 in order to provide funding under this part to high schools pursuant to clause (i).

(D)

Remaining funds

If funds remain after serving all eligible school attendance areas under subparagraph (C), a local educational agency shall—

(i)

annually rank such agency’s remaining eligible school attendance areas from highest to lowest either by grade span or for the entire local educational agency according to the percentage of children from low-income families; and

(ii)

serve such eligible school attendance areas in rank order either within each grade-span grouping or within the local educational agency as a whole.

(E)

Measures

(i)

In general

Except as provided in clause (ii), 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, 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 established under title XIX of the Social Security Act, 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 paragraph (3).

(ii)

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 calculation described under clause (i); or

(II)

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 clause (i) that feed into the secondary school to the number of students enrolled in such school.

(F)

Exception

This subsection shall not apply to a local educational agency with a total enrollment of less than 1,000 children.

(G)

Waiver for desegregation plans

The Secretary may approve a local educational agency’s written request for a waiver of the requirements of this paragraph and paragraph (3) and permit such agency to treat as eligible, and serve, any school that children attend with a State-ordered, court-ordered school desegregation plan or a plan that continues to be implemented in accordance with a State-ordered or court-ordered desegregation plan, if—

(i)

the number of economically disadvantaged children enrolled in the school is at least 25 percent of the school’s total enrollment; and

(ii)

the Secretary determines, on the basis of a written request from such agency and in accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes of this part.

(2)

Local educational agency discretion

(A)

In general

Notwithstanding paragraph (1)(B), a local educational agency may—

(i)

designate as eligible any school attendance area or school in which at least 35 percent of the children are from low-income families;

(ii)

use funds received under this part in a school that is not in an eligible school attendance area, if the percentage of children from low-income families enrolled in the school is equal to or greater than the percentage of such children in a participating school attendance area of such agency;

(iii)

designate and serve a school attendance area or school that is not eligible under this section, but that was eligible and that was served in the preceding fiscal year, but only for 1 additional fiscal year; and

(iv)

elect not to serve an eligible school attendance area or eligible school that has a higher percentage of children from low-income families if—

(I)

the school meets the comparability requirements of section 1117(c);

(II)

the school is receiving supplemental funds from other State or local sources that are spent according to the requirements of this section; and

(III)

the funds expended from such other sources equal or exceed the amount that would be provided under this part.

(B)

Special rule

Notwithstanding subparagraph (A)(iv), the number of children attending private elementary schools and secondary schools who are to receive services, and the assistance such children are to receive under this part, shall be determined without regard to whether the public school attendance area in which such children reside is assisted under subparagraph (A).

(3)

Allocations

(A)

In general

A local educational agency shall allocate funds received under this part to eligible school attendance areas or eligible schools, identified under paragraphs (1) and (2) in rank order, on the basis of the total number of children from low-income families in each area or school.

(B)

Special rule

(i)

In general

Except as provided in clause (ii), the per-pupil amount of funds allocated to each school attendance area or school under subparagraph (A) shall be at least 125 percent of the per-pupil amount of funds a local educational agency received for that year under the poverty criteria described by the local educational agency in the plan submitted under section 1112, except that this clause shall not apply to a local educational agency that only serves schools in which the percentage of such children is 35 percent or greater.

(ii)

Exception

A local educational agency may reduce the amount of funds allocated under clause (i) for a school attendance area or school by the amount of any supplemental State and local funds expended in that school attendance area or school for programs that meet the requirements of this section.

(4)

Reservation of funds

(A)

In general

A local educational agency shall reserve such funds as are necessary under this part to provide services comparable to those provided to children in schools funded under this part to serve—

(i)

homeless children, 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)

Homeless children and youth

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, as conducted under section 723(b)(1) of the McKinney-Vento Homeless Assistance Act; 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; and

(II)

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

(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.

(b)

Schoolwide programs and targeted assistance schools

(1)

In general

For each school that will receive funds under this part, the local educational agency shall determine whether the school shall operate a schoolwide program consistent with subsection (c) or a targeted assistance school program consistent with subsection (d).

(2)

Needs assessment

The determination under paragraph (1) shall be—

(A)

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 under section 1111(b)(1), 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

(B)

conducted with the participation of individuals who would carry out the schoolwide plan, including those individuals under subsection (c)(2)(B).

(3)

Coordination

The needs assessment under paragraph (2) may be undertaken as part of other related needs assessments under this Act.

(c)

Schoolwide programs

(1)

In general

(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—

(i)

the local educational agency in which the school is located allows such school to do so; and

(ii)

the results of the comprehensive needs assessment conducted under subsection (b)(2) determine 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)

Schoolwide program plan

An eligible school operating a schoolwide program shall develop a comprehensive plan, in consultation with the local educational agency, tribes and tribal organizations present in the community, and other individuals as determined by the school, that—

(A)

is developed during a 1-year period, unless—

(i)

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

(ii)

the school is operating a schoolwide program on the day before the date of enactment of the Every Child Achieves Act of 2015, 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;

(B)

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, and administrators (including administrators of programs described in other parts of this title), and, if appropriate, specialized instructional support personnel, technical assistance providers, school staff, and students;

(C)

remains in effect for the duration of the school’s participation under this part, except that the plan and the implementation of, and results achieved by, the schoolwide program shall be regularly monitored and revised as necessary to ensure that students are meeting the challenging State academic standards;

(D)

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;

(E)

if appropriate and applicable, 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 interventions and supports for schools identified as in need of intervention and support under section 1114; and

(F)

includes a description of—

(i)

the results of the comprehensive needs assessments of the entire school required under subsection (b)(2);

(ii)

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 categories of students, as defined in section 1111(b)(3)(A), to meet the challenging State academic standards under section 1111(b)(1);

(II)

use evidence-based 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;

(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, which may include—

(aa)

counseling, school-based mental health programs, specialized instructional support services, and mentoring services;

(bb)

preparation for and awareness of opportunities for postsecondary education and the workforce, including career and technical education programs, which may include broadening secondary school students’ access to 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 and early college high schools;

(cc)

implementation of a schoolwide multi-tiered system of supports, including positive behavioral interventions and supports and early intervening services, including through coordination with such activities and services carried out under the Individuals with Disabilities Education Act;

(dd)

implementation of supports for teachers and other school personnel, which may include professional development and other activities to improve instruction, activities to recruit and retain effective teachers, particularly in high-need schools, and using data from academic assessments under section 1111(b)(2) and other formative and summative assessments to improve instruction;

(ee)

programs, activities, and courses in the core academic subjects to assist children in meeting the challenging State academic standards; and

(ff)

other strategies to improve student’s academic and nonacademic skills essential for success; and

(IV)

be monitored and improved over time based on student needs, including increased supports for those students who are lowest-achieving;

(iii)

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; and

(iv)

if appropriate, how funds will be used to establish or enhance early childhood education programs for children who are aged 5 or younger, including how programs will help transition such children to local elementary school programs.

(3)

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 1117, a school participating in a schoolwide program shall use funds available to carry out this paragraph 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 children who are English learners.

(4)

Exemption from statutory and regulatory requirements

(A)

Exemption

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, except as provided in section 613(a)(2)(D) of such Act), 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 1117), 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 paragraph 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.

(5)

Preschool programs

A school that operates a schoolwide program under this subsection may use funds made available under this part to establish, expand, or enhance preschool programs for children aged 5 or younger.

(d)

Targeted assistance school programs

(1)

In general

Each school selected to receive funds under subsection (a)(3) for which the local educational agency serving such school, based on the results of the comprehensive needs assessment conducted under subsection (b)(2), determines that the school will operate a targeted assistance school program, may use funds received under this part only for programs that provide services to eligible children under paragraph (3)(A)(ii) who are identified as having the greatest need for special assistance.

(2)

Targeted assistance school program

Each school operating a targeted assistance school program shall develop a plan, in consultation with the local educational agency and other individuals as determined by the school, that includes—

(A)

a description of the results of the comprehensive needs assessments of the entire school required under subsection (b)(2);

(B)

a description of the process for determining which students will be served and the students to be served;

(C)

a description of how the activities supported under this part will be coordinated with and incorporated into the regular education program of the school;

(D)

a description of how the program will serve participating students identified under paragraph (3)(A)(ii), including by—

(i)

using resources under this part, such as support for programs, activities, and courses in core academic subjects to help participating children meet the challenging State academic standards;

(ii)

using methods and instructional strategies that are evidence-based to strengthen the core academic program of the school and that may include—

(I)

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

(II)

a multi-tiered system of supports, positive behavioral interventions and supports, and early intervening services;

(iii)

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 part D of title II, or State-run preschool programs to elementary school programs;

(iv)

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

(v)

implementing strategies to increase parental involvement of parents of participating children in accordance with section 1115; and

(vi)

if 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, and intervention and supports in schools identified as in need of intervention and support under section 1114; and

(E)

assurances that the school will—

(i)

help provide an accelerated, high-quality curriculum;

(ii)

minimize removing 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 participating children and revise the plan under this section, if necessary, to provide additional assistance to enable such children to meet the challenging State academic standards.

(3)

Eligible children

(A)

Eligible population

(i)

In general

The eligible population for services under this subsection shall be—

(I)

children not older than age 21 who are entitled to a free public education through grade 12; and

(II)

children who are not yet at a grade level at which the local educational agency provides a free public education.

(ii)

Eligible children from eligible population

From the population described in clause (i), eligible children are children identified by the school as failing, or most at risk of failing, to meet the challenging State academic standards on the basis of multiple, educationally related, objective criteria established by the local educational agency and supplemented by the school, except that children from preschool through grade 2 shall be selected solely on the basis of criteria, including objective criteria, established by the local educational agency and supplemented by the school.

(B)

Children included

(i)

In general

Children who are economically disadvantaged, children with disabilities, migrant children, or children who are English learners, are eligible for services under this subsection on the same basis as other children selected to receive services under this subsection.

(ii)

Head start and preschool children

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

(iii)

Migrant children

A child who, at any time in the 2 years preceding the year for which the determination is made, received services under part C is eligible for services under this subsection.

(iv)

Neglected or delinquent children

A child in a local institution for neglected or delinquent children and youth or attending a community day program for such children is eligible for services under this subsection.

(v)

Homeless children

A child who is homeless and attending any school served by the local educational agency is eligible for services under this subsection.

(C)

Special rule

Funds received under this subsection may not be used to provide services that are otherwise required by law to be made available to children described in subparagraph (B) but may be used to coordinate or supplement such services.

(4)

Integration of professional development

To promote the integration of staff supported with funds under this subsection into the regular school program and overall school planning and improvement efforts, public school personnel who are paid with funds received under this subsection may—

(A)

participate in general professional development and school planning activities; and

(B)

assume limited duties that are assigned to similar personnel who are not so paid, including duties beyond classroom instruction or that do not benefit participating children, so long as the amount of time spent on such duties is the same proportion of total work time as prevails with respect to similar personnel at the same school.

(5)

Special rules

(A)

Simultaneous service

Nothing in this subsection shall be construed to prohibit a school from serving students under this subsection simultaneously with students with similar educational needs, in the same educational settings where appropriate.

(B)

Comprehensive services

If health, nutrition, and other social services are not otherwise available to eligible children in a school operating a targeted assistance school program and such school, if appropriate, has established a collaborative partnership with local service providers and funds are not reasonably available from other public or private sources to provide such services, then a portion of the funds provided under this subsection may be used to provide such services, including through—

(i)

the provision of basic medical equipment and services, such as eyeglasses and hearing aids;

(ii)

compensation of a coordinator;

(iii)

family support and engagement services;

(iv)

health care services and integrated student supports to address the physical, mental, and emotional well-being of children; and

(v)

professional development necessary to assist teachers, specialized instructional support personnel, other staff, and parents in identifying and meeting the comprehensive needs of eligible children.

(e)

Use for dual or concurrent enrollment programs

(1)

In general

A local educational agency carrying out a schoolwide program or a targeted assistance school program under subsection (c) or (d) in a high school may use funds received under this part—

(A)

to carry out—

(i)

dual or concurrent enrollment programs for high school students, through which the students are enrolled in the high school and in postsecondary courses at an institution of higher education; or

(ii)

programs that allow a student to continue in a dual or concurrent enrollment program at a high school for the school year following the student's completion of grade 12; or

(B)

to provide 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 dual or concurrent enrollment programs.

(2)

Flexibility of funds

A local educational agency using funds received under this part for a dual or concurrent program described in clause (i) or (ii) of paragraph (1)(A) may use such funds for any of the costs associated with such program, including the costs of—

(A)

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

(B)

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.

(f)

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 under subsection (b)(2) or a plan under subsection (c) or (d) for review or approval by the Secretary.

1114.

School identification, interventions, and supports

(a)

State review and responsibilities

(1)

In general

Each State educational agency receiving funds under this part shall use the system designed by the State under section 1111(b)(3) to annually—

(A)

identify the public schools that receive funds under this part and are in need of intervention and support using the method established by the State in section 1111(b)(3)(B)(iii);

(B)

require for inclusion—

(i)

on each local educational agency report card required under section 1111(d), the names of schools served by the agency identified under subparagraph (A); and

(ii)

on each school report card required under section 1111(d), whether the school was identified under subparagraph (A);

(C)

ensure that all public schools that receive funds under this part and are identified as in need of intervention and support under subparagraph (A), implement an evidence-based intervention or support strategy designed by the State or local educational agency described in subparagraph (A) or (B) of subsection (b)(3);

(D)

prioritize intervention and supports in the identified schools most in need of intervention and support, as determined by the State, using the results of the accountability system under 1111(b)(3)(B)(iii); and

(E)

monitor and evaluate the implementation of school intervention and support strategies by local educational agencies, including in the lowest-performing elementary schools and secondary schools in the State, and use the results of the evaluation to take appropriate steps to change or improve interventions or support strategies as necessary.

(2)

State educational agency discretion

Notwithstanding paragraph (1)(A), a State educational agency may—

(A)

identify any middle school or high school as in need of intervention and support if at least 40 percent of the children served by such school are from low-income families (as measured under section 1113(a)(1)(E)(ii)); and

(B)

use funds provided under subsection (c) to assist such school consistent with such subsection.

(3)

State educational agency responsibilities

The State educational agency shall—

(A)

make technical assistance available to local educational agencies that serve schools identified as in need of intervention and support under paragraph (1)(A);

(B)

if the State educational agency determines that a local educational agency failed to carry out its responsibilities under this section, take such actions as the State educational agency determines to be appropriate and in compliance with State law to assist the local educational agency and ensure that such local educational agency is carrying out its responsibilities;

(C)

inform local educational agencies of schools identified as in need of intervention and support under paragraph (1)(A) in a timely and easily accessible manner that is before the beginning of the school year; and

(D)

publicize and disseminate to the public, including teachers, principals and other school leaders, and parents, the results of the State review under paragraph (1).

(b)

Local educational agency review and responsibilities

(1)

In general

Each local educational agency with a school identified as in need of intervention and support under subsection (a)(1)(A) shall, in consultation with teachers, principals and other school leaders, school personnel, parents, and community members—

(A)

conduct a review of such school, including by examining the indicators and measures included in the State-determined accountability system described in section 1111(b)(3)(B) to determine the factors that led to such identification;

(B)

conduct a review of the agency's policies, procedures, personnel decisions, and budgetary decisions, including the measures on the local educational agency and school report cards under section 1111(d) that impact the school and could have contributed to the identification of the school;

(C)

develop and implement appropriate intervention and support strategies, as described in paragraph (3), that are proportional to the identified needs of the school, for assisting the identified school;

(D)

develop a rigorous comprehensive plan that will be publicly available and provided to parents, for ensuring the successful implementation of the intervention and support strategies described in paragraph (3) in identified schools, which may include—

(i)

technical assistance that will be provided to the school;

(ii)

improved delivery of services to be provided by the local educational agency;

(iii)

increased support for stronger curriculum, program of instruction, wraparound services, or other resources provided to students in the school;

(iv)

any changes to personnel necessary to improve educational opportunities for children in the school;

(v)

redesigning how time for student learning or teacher collaboration is used within the school;

(vi)

using data to inform instruction for continuous improvement;

(vii)

providing increased coaching or support for principals and other school leaders to have the knowledge and skills to lead and implement efforts to improve schools and to support teachers to improve instruction;

(viii)

improving school climate and safety;

(ix)

providing ongoing mechanisms for family and community engagement to improve student learning; and

(x)

establishing partnerships with entities, including private entities with a demonstrated record of improving student achievement, that will assist the local educational agency in fulfilling its responsibilities under this section; and

(E)

collect and use data on an ongoing basis to monitor the results of the intervention and support strategies and adjust such strategies as necessary during implementation in order to improve student academic achievement.

(2)

Notice to parents

A local educational agency shall promptly provide to a parent or parents of each student enrolled in a school identified as in need of intervention and support under subsection (a)(1)(A) in an easily accessible and understandable form and, to the extent practicable, in a language that parents can understand—

(A)

an explanation of what the identification means, and how the school compares in terms of academic achievement and other measures in the State accountability system under section 1111(b)(3)(B) to other schools served by the local educational agency and the State educational agency involved;

(B)

the reasons for the identification;

(C)

an explanation of what the local educational agency or State educational agency is doing to help the school address student academic achievement and other measures, including a description of the intervention and support strategies developed under paragraph (1)(C) that will be implemented in the school;

(D)

an explanation of how the parents can become involved in addressing academic achievement and other measures that caused the school to be identified; and

(E)

an explanation of the parents’ option to transfer their child to another public school under paragraph (4), if applicable.

(3)

School intervention and support strategies

(A)

In general

Consistent with subsection (a)(1) and paragraph (1), a local educational agency shall develop and implement evidence-based intervention and support strategies for an identified school that the local educational agency determines appropriate to address the needs of students in such identified school, which shall—

(i)

be designed to address the specific reasons for identification, as described in subparagraphs (A) and (B) of paragraph (1);

(ii)

be implemented, at a minimum, in a manner that is proportional to the specific reasons for identification, as described in subparagraphs (A) and (B) of paragraph (1); and

(iii)

distinguish between the lowest-performing schools and other schools identified as in need of intervention and support for other reasons, including schools with categories of students, as defined in section 1111(b)(3)(A), not meeting the goals described in section 1111(b)(3)(B)(i), as determined by the review in subparagraphs (A) and (B) of paragraph (1).

(B)

State determined strategies

Consistent with State law, a State educational agency may establish alternative evidence-based State determined strategies that can be used by local educational agencies to assist a school identified as in need of intervention and support under subsection (a)(1)(A), in addition to the assistance strategies developed by a local educational agency under subparagraph (A).

(4)

Public school choice

(A)

In general

A local educational agency may provide all students enrolled in a school identified as in need of intervention and support under subsection (a)(1)(A) with the option to transfer to another public school served by the local educational agency, unless such an option is prohibited by State law.

(B)

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).

(C)

Treatment

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

(D)

Special rule

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

(E)

Funding for transportation

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

(5)

Prohibitions on federal interference with state and local decisions

Nothing in this section shall be construed to authorize or permit the Secretary to establish any criterion that specifies, defines, or prescribes—

(A)

any school intervention or support strategy that States or local educational agencies shall use to assist schools identified as in need of intervention and support under this section; or

(B)

the weight of any indicator or measure that a State shall use to identify schools under subsection (a).

(c)

Funds for local school interventions and supports

(1)

In general

(A)

Grants authorized

From the total amount appropriated under section 1002(f) for a fiscal year, the Secretary shall award grants to States and the Bureau of Indian Education of the Department of the Interior, through an allotment as determined under subparagraph (B), to carry out the activities described in this subsection.

(B)

Allotments

From the total amount appropriated under section 1002(f) for a fiscal year, the Secretary shall allot to each State, the Bureau of Indian Education of the Department of the Interior, and each outlying area for such fiscal year with an approved application, an amount that bears the same relationship to such total amount as the amount such State, the Bureau of Indian Education of the Department of the Interior, or such outlying area received under parts A, C, and D of this title for the most recent preceding fiscal year for which the data are available bears to the amount received by all such States, the Bureau of Indian Education of the Department of the Interior, and all such outlying areas under parts A, C, and D of this title for such most recent preceding fiscal year.

(2)

State application

A State (including, for the purpose of this paragraph, the Bureau of Indian Education) that desires to receive school intervention and support funds under this subsection shall submit an application to the Secretary at such time and in such manner as the Secretary may require, which shall include a description of—

(A)

the process and the criteria that the State will use to award subgrants under paragraph (4)(A), including how the subgrants will serve schools identified by the State as the lowest-performing schools under subsection (a)(1);

(B)

the process and the criteria the State will use to determine whether the local educational agency’s proposal for serving each identified school meets the requirements of paragraph (6) and other provisions of this section;

(C)

how the State will ensure that local educational agencies conduct a comprehensive review of each identified school as required under subsection (b) to identify evidence-based school intervention and support strategies that are likely to be successful in each particular school;

(D)

how the State will ensure geographic diversity in making subgrants;

(E)

how the State will set priorities in awarding subgrants to local educational agencies, including how the State will prioritize local educational agencies serving elementary schools and secondary schools identified as the lowest-performing schools under subsection (a)(1) that will use subgrants to serve such schools;

(F)

how the State will monitor and evaluate the implementation of evidence-based school intervention and support strategies supported by funds under this subsection; and

(G)

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

(3)

State administration; technical assistance; exception

(A)

In general

A State that receives an allotment under this subsection may reserve not more than a total of 5 percent of such allotment for the administration of this subsection to carry out its responsibilities under subsection (a)(3) to support school and local educational agency interventions and supports, which may include activities aimed at building State capacity to support and monitor the local educational agency and school intervention and supports.

(B)

Exception

Notwithstanding subparagraph (A), a State educational agency may reserve from the amount allotted under this subsection additional funds to meet its responsibilities under subsection (a)(3)(B) if a local educational agency fails to carry out its responsibilities under subsection (b), but shall not reserve more than necessary to meet such State responsibilities.

(4)

Subgrants to local educational agencies

(A)

In general

From the amounts awarded to a State under this subsection, the State educational agency shall allocate not less than 95 percent to make subgrants to local educational agencies, on a competitive basis, to serve schools identified as in need of intervention and support under subsection (a)(1)(A).

(B)

Duration

The State educational agency shall award subgrants under this paragraph for a period of not more than 5 years, which period may include a planning year.

(C)

Criteria

Subgrants awarded under this section shall be of sufficient size to enable a local educational agency to effectively implement the selected intervention and support strategy.

(D)

Rule of construction

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

(5)

Application

In order to receive a subgrant under this subsection, 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—

(A)

a description of the process the local educational agency has used for selecting an appropriate evidence-based school intervention and support strategy for each school to be served, including how the local educational agency has analyzed the needs of each such school in accordance with subsection (b)(1) and meaningfully consulted with teachers, principals, and other school leaders in selecting such intervention and support strategy;

(B)

the specific evidence-based school interventions and supports to be used in each school to be served, how these interventions and supports will address the needs identified in the review under subsection (b)(1), and the timeline for implementing such school interventions and supports in each school to be served;

(C)

a detailed budget covering the grant period, including planned expenditures at the school level for activities supporting full and effective implementation of the selected school intervention and support strategy;

(D)

a description of how the local educational agency will—

(i)

design and implement the selected school intervention and support strategy, in accordance with the requirements of subsection (b)(1)(C), including the use of appropriate measures to monitor the effectiveness of implementation;

(ii)

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

(iii)

align other Federal, State, and local resources with the intervention and support strategy to reduce duplication, increase efficiency, and assist identified schools in complying with reporting requirements of Federal and State programs;

(iv)

modify practices and policies, if necessary, to provide operational flexibility that enables full and effective implementation of the selected school intervention and support strategy;

(v)

collect and use data on an ongoing basis to adjust the intervention and support strategy during implementation, and, if necessary, modify or implement a different strategy if implementation is not effective, in order to improve student academic achievement;

(vi)

ensure that the implementation of the intervention and support strategy meets the needs of each of the categories of students, as defined in section 1111(b)(3)(A);

(vii)

provide information to parents, guardians, teachers, and other stakeholders about the effectiveness of implementation, to the extent practicable, in a language that the parents can understand; and

(viii)

sustain successful reforms and practices after the funding period ends;

(E)

a description of the technical assistance and other support that the local educational agency will provide to ensure effective implementation of school intervention and support strategies in identified schools, in accordance with subsection (b)(1)(D), such as ensuring that identified schools have access to resources like facilities, professional development, and technology and adopting human resource policies that prioritize recruitment, retention, and placement of effective staff in identified schools; and

(F)

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 subsection.

(6)

Local activities

A local educational agency that receives a subgrant under this subsection—

(A)

shall use the subgrant funds to implement evidence-based school intervention and support strategies consistent with subsection (a)(1)(A); and

(B)

may use the subgrant funds to carry out, at the local educational agency level, activities that directly support the implementation of the intervention and support strategies such as—

(i)

assistance in data collection and analysis;

(ii)

recruiting and retaining staff;

(iii)

high-quality, evidence-based professional development;

(iv)

coordination of services to address students’ non-academic needs; and

(v)

progress monitoring.

(7)

Reporting

A State that receives funds under this subsection shall report to the Secretary a list of all the local educational agencies that received a subgrant under this subsection and for each local educational agency that received a subgrant, a list of all the schools that were served, the amount of funds each school received, and the intervention and support strategies implemented in each school.

(8)

Supplement not supplant

A local educational agency or State shall use Federal funds received under this subsection only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of students participating in programs funded under this subsection.

(d)

Rule of construction

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

;

(2)

by striking section 1119; and

(3)

by redesignating sections 1118, 1120, 1120A, and 1120B as sections 1115, 1116, 1117, and 1118, respectively.

1005.

Parent and family engagement

Section 1115, as redesignated by section 1004(3), 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 process of school review and intervention and support under section 1114;

(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, are English learners, 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)—

(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 the 1 percent of its allocation under subpart 2 to assist schools to carry out activities described in this section.

;

(i)

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;

(ii)

in subparagraph (C)—

(I)

by striking 95 percent and inserting 85 percent; and

(II)

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

(iii)

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, school leaders, specialized instructional support personnel, paraprofessionals, early childhood educators, and parents and family members.

(ii)

Supporting home visitation programs.

(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 demonstrated 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, which may include financial literacy activities and adult education and literacy activities, as defined in section 203 of the Adult Education and Family Literacy Act.

;

(3)

in subsection (b)—

(A)

in the subsection heading, by striking Parental involvement policy and inserting Parental 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 school district-level parental involvement policy and inserting district-level 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), by striking parental involvement policy and inserting parent and family engagement policy;

(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 section 1114(b)(2) and inserting section 1113(c)(2);

(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, to the extent practicable, in a language that family members can understand and access.

;

(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 inserting other relevant Federal, State, and local laws,;

(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 full and informed participation of parents and family members (including parents and family members who are English learners, 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.

; and

(8)

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

1006.

Participation of children enrolled in private schools

Section 1116, as redesignated by section 1004(3), is amended—

(1)

in subsection (a)—

(A)

in paragraph (1)—

(i)

by striking section 1115(b) and inserting section 1113(d)(3); and

(ii)

by striking sections 1118 and 1119 and inserting section 1115; and

(B)

by striking paragraph (4) and inserting the following:

(4)

Expenditures

(A)

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.

(B)

Term of determination

The local educational agency may determine the equitable share each year or every 2 years.

(C)

Method of determination

The proportional share of funds 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.

; and

(2)

in subsection (b)—

(A)

in paragraph (1)—

(i)

in subparagraph (E)—

(I)

by striking and before the proportion of funds; and

(II)

by inserting , and how that proportion of funds is determined after such services;

(ii)

in subparagraph (F), by striking section 1113(c)(1) and inserting section 1113(a)(3);

(iii)

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

(iv)

in subparagraph (H), by striking the period at the end and inserting ; and; and

(v)

by adding at the end the following:

(I)

whether the agency shall provide services directly or assign responsibility for the provision of services to a separate government agency, consortium, or entity, or to a third-party contractor.

; and

(B)

in paragraph (5)(A)—

(i)

by striking or before did not give due consideration; and

(ii)

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.

1007.

Supplement, not supplant

Section 1117, as redesignated by section 1004(3), is amended 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 non-Federal 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; and

(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 establish any criterion that specifies, defines, or prescribes 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 Child Achieves Act of 2015; 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 Child Achieves Act of 2015.

.

1008.

Coordination requirements

Section 1118, as redesignated by section 1004(3), is amended—

(1)

in subsection (a), by striking early childhood development programs such as the Early Reading First program and inserting , early childhood education programs, including by developing 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;

(F)

in paragraph (5), by striking and entities carrying out Early Reading First programs.

1009.

Grants for the outlying areas and the Secretary of the Interior

Section 1121 (20 U.S.C. 6331) is amended—

(1)

in subsection (a), in the matter preceding paragraph (1), by striking and 1125A(f); and

(2)

in subsection (b)(3)(C)(ii), by striking challenging State academic content standards and inserting challenging State academic standards.

1010.

Allocations to States

Section 1122 (20 U.S.C. 6332) is amended—

(1)

by striking subsection (a) and inserting the following:

(a)

Allocation formula

(1)

Initial allocation

For each of fiscal years 2016 through 2021 (referred to in this subsection as the current fiscal year), the Secretary shall allocate $17,000,000,000 of the amount appropriated under section 1002(a) to carry out this part (or, if the total amount appropriated for this part is equal to or less than $17,000,000,000, all of such amount) in accordance with the following:

(A)

An amount equal to the amount made available to carry out section 1124 for fiscal year 2015 shall be allocated in accordance with section 1124.

(B)

An amount equal to the amount made available to carry out section 1124A for fiscal year 2015 shall be allocated in accordance with section 1124A.

(C)

An amount equal to 100 percent of the amount, if any, by which the amount made available under this paragraph for the current fiscal year for which the determination is made exceeds the amount available to carry out sections 1124 and 1124A for fiscal year 2001 shall be allocated in accordance with section 1125 and 1125A.

(2)

Allocations in excess of $17,000,000,000

For each of the current fiscal years for which the amounts appropriated under section 1002(a) to carry out this part exceed $17,000,000,000, an amount equal to such excess amount shall be allocated in accordance with section 1123.

;

(2)

in subsection (b)—

(A)

in paragraph (1)—

(i)

by striking under this subpart and inserting under subsection (a)(1) for sections 1124, 1124A, 1125, and 1125A; and

(ii)

by striking and 1125 and inserting 1125, and 1125A; and

(B)

in paragraph (2)—

(i)

by inserting under subsection (a)(1) after become available; and

(ii)

by striking and 1125 and inserting 1125, and 1125A;

(3)

in subsection (c)(1), by inserting and to the extent amounts under subsection (a)(1) are available after For each fiscal year; and

(4)

in subsection (d)(1), by striking under this subpart and inserting under subsection (a)(1) for sections 1124, 1124A, 1125, and 1125A.

1011.

Equity grants

Subpart 2 of part A of title I (20 U.S.C. 6331 et seq.) is amended by inserting after section 1122 the following:

1123.

Equity grants

(a)

Authorization

From funds appropriated under section 1002(a) for a fiscal year and available for allocation pursuant to section 1122(a)(2), the Secretary is authorized to make grants to States, from allotments under subsection (b), to carry out the programs and activities of this part.

(b)

Distribution based upon concentrations of poverty

(1)

In general

(A)

In general

Except as provided in subparagraphs (B) and (C), funds appropriated pursuant to subsection (a) for a fiscal year shall be allotted to each State based upon the number of children counted under section 1124(c) in such State multiplied by the product of—

(i)

40 percent of the average per-pupil expenditure in the United States (other than the Commonwealth of Puerto Rico); multiplied by

(ii)

1.30 minus such State's equity factor described in paragraph (2).

(B)

Puerto Rico

For each fiscal year, the Secretary shall allot to the Commonwealth of Puerto Rico an amount of the funds appropriated under subsection (a) that bears the same relation to the total amount of funds appropriated under such subsection as the amount that the Commonwealth of Puerto Rico received under this subpart for fiscal year 2015 bears to the total amount received by all States for such fiscal year.

(C)

State minimum

Notwithstanding any other provision of this section, except for subparagraph (B), from the total amount available for any fiscal year to carry out this section, each State shall be allotted at least the lesser of—

(i)

0.35 percent of the total amount available to carry out this section for such fiscal year; or

(ii)

the average of—

(I)

0.35 percent of such total amount for such fiscal year; and

(II)

150 percent of the national average grant under this section per child described in section 1124(c), without application of a weighting factor, multiplied by the State's total number of children described in section 1124(c), without application of a weighting factor.

(2)

Equity factor

(A)

Determination

(i)

In general

Except as provided in subparagraph (B), the Secretary shall determine the equity factor under this section for each State in accordance with clause (ii).

(ii)

Computation

(I)

In general

For each State, the Secretary shall compute a weighted coefficient of variation for the per-pupil expenditures of local educational agencies in accordance with subclauses (II), (III), and (IV).

(II)

Variation

In computing coefficients of variation, the Secretary shall weigh the variation between per-pupil expenditures in each local educational agency and the average per-pupil expenditures in the State according to the number of pupils served by the local educational agency.

(III)

Number of pupils

In determining the number of pupils under this paragraph served by each local educational agency and in each State, the Secretary shall multiply the number of children counted under section 1124(c) by a factor of 1.4.

(IV)

Enrollment requirement

In computing coefficients of variation, the Secretary shall include only those local educational agencies with an enrollment of more than 200 students.

(B)

Special rule

The equity factor for a State that meets the disparity standard described in section 222.162 of title 34, Code of Federal Regulations (as such section was in effect on the day preceding the date of enactment of the No Child Left Behind Act of 2001) or a State with only one local educational agency shall be not greater than 0.10.

(c)

Use of funds; eligibility of local educational agencies

All funds awarded to each State under this section shall be allocated to local educational agencies under the following provisions:

(1)

Distribution within local educational agencies

Within local educational agencies, funds allocated under this section shall be distributed to schools on a basis consistent with section 1113, and may only be used to carry out activities under this part.

(2)

Eligibility for grant

A local educational agency in a State is eligible to receive a grant under this section for any fiscal year if—

(A)

the number of children in the local educational agency counted under section 1124(c), before application of the weighted child count described in subsection (d), is at least 10; and

(B)

if the number of children counted for grants under section 1124(c), before application of the weighted child count described in subsection (d), is at least 5 percent of the total number of children aged 5 to 17 years, inclusive, in the school district of the local educational agency.

(d)

Allocation of funds to eligible local educational agencies

(1)

In general

Funds received by States under this section for a fiscal year shall be allocated within States to eligible local educational agencies on the basis of weighted child counts calculated in accordance with paragraph (2), (3), or (4), as appropriate for each State.

(2)

States with an equity factor less than .10

(A)

In general

In States with an equity factor less than .10, the weighted child counts referred to in paragraph (1) for a fiscal year shall be the larger of the 2 amounts determined under subparagraphs (B) and (C).

(B)

By percentage of children

The amount referred to in subparagraph (A) is determined by adding—

(i)

the number of children determined under section 1124(c) for that local educational agency who constitute not more than 17.27 percent, inclusive, of the agency's total population aged 5 to 17, inclusive, multiplied by 1.0;

(ii)

the number of such children who constitute more than 17.27 percent, but not more than 23.48 percent, of such population, multiplied by 1.75;

(iii)

the number of such children who constitute more than 23.48 percent, but not more than 29.11 percent, of such population, multiplied by 2.5;

(iv)

the number of such children who constitute more than 29.11 percent, but not more than 36.10 percent, of such population, multiplied by 3.25; and

(v)

the number of such children who constitute more than 36.10 percent of such population, multiplied by 4.0.

(C)

By number of children

The amount referred to in subparagraph (A) is determined by adding—

(i)

the number of children determined under section 1124(c) who constitute not more than 834, inclusive, of the agency's total population aged 5 to 17, inclusive, multiplied by 1.0;

(ii)

the number of such children between 835 and 2,629, inclusive, in such population, multiplied by 1.5;

(iii)

the number of such children between 2,630 and 7,668, inclusive, in such population, multiplied by 2.0; and

(iv)
(I)

in the case of an agency that is not a high poverty percentage local educational agency, the number of such children in excess of 7,668 in such population, multiplied by 2.0; or

(II)

in the case of a high poverty percentage local educational agency—

(aa)

the number of such children between 7,669 and 26,412, inclusive, in such population, multiplied by 2.5; and

(bb)

the number of such children in excess of 26,412 in such population, multiplied by 3.0.

(3)

States with an equity factor greater than or equal to .10 and less than .20

(A)

In general

In States with an equity factor greater than or equal to .10 and less than .20, the weighted child counts referred to in paragraph (1) for a fiscal year shall be the larger of the 2 amounts determined under subparagraphs (B) and (C).

(B)

By percentage of children

The amount referred to in subparagraph (A) is determined by adding—

(i)

the number of children determined under section 1124(c) for that local educational agency who constitute not more than 17.27 percent, inclusive, of the agency's total population aged 5 to 17, inclusive, multiplied by 1.0;

(ii)

the number of such children who constitute more than 17.27 percent, but not more than 23.48 percent, of such population, multiplied by 1.5;

(iii)

the number of such children who constitute more than 23.48 percent, but not more than 29.11 percent, of such population, multiplied by 3.0;

(iv)

the number of such children who constitute more than 29.11 percent, but not more than 36.10 percent, of such population, multiplied by 4.5; and

(v)

the number of such children who constitute more than 36.10 percent of such population, multiplied by 6.0.

(C)

By number of children

The amount referred to in subparagraph (A) is determined by adding—

(i)

the number of children determined under section 1124(c) who constitute not more than 834, inclusive, of the agency's total population aged 5 to 17, inclusive, multiplied by 1.0;

(ii)

the number of such children between 835 and 2,629, inclusive, in such population, multiplied by 1.5;

(iii)

the number of such children between 2,630 and 7,668, inclusive, in such population, multiplied by 2.25; and

(iv)
(I)

in the case of an agency that is not a high poverty percentage local educational agency, the number of such children in excess of 7,668 in such population, multiplied by 2.25; or

(II)

in the case of a high poverty percentage local educational agency—

(aa)

the number of such children between 7,669 and 26,412, inclusive, in such population, multiplied by 3.375; and

(bb)

the number of such children in excess of 26,412 in such population, multiplied by 4.5.

(4)

States with an equity factor greater than or equal to .20

(A)

In general

In States with an equity factor greater than or equal to .20, the weighted child counts referred to in paragraph (1) for a fiscal year shall be the larger of the 2 amounts determined under subparagraphs (B) and (C).

(B)

By percentage of children

The amount referred to in subparagraph (A) is determined by adding—

(i)

the number of children determined under section 1124(c) for that local educational agency who constitute not more than 17.27 percent, inclusive, of the agency's total population aged 5 to 17, inclusive, multiplied by 1.0;

(ii)

the number of such children who constitute more than 17.27 percent, but not more than 23.48 percent, of such population, multiplied by 2.0;

(iii)

the number of such children who constitute more than 23.48 percent, but not more than 29.11 percent, of such population, multiplied by 4.0;

(iv)

the number of such children who constitute more than 29.11 percent, but not more than 36.10 percent, of such population, multiplied by 6.0; and

(v)

the number of such children who constitute more than 36.10 percent of such population, multiplied by 8.0.

(C)

By number of children

The amount referred to in subparagraph (A) is determined by adding—

(i)

the number of children determined under section 1124(c) who constitute not more than 834, inclusive, of the agency's total population aged 5 to 17, inclusive, multiplied by 1.0;

(ii)

the number of such children between 835 and 2,629, inclusive, in such population, multiplied by 2.0;

(iii)

the number of such children between 2,630 and 7,668, inclusive, in such population, multiplied by 3.0; and

(iv)
(I)

in the case of an agency that is not a high poverty percentage local educational agency, the number of such children in excess of 7,668 in such population, multiplied by 3.0; or

(II)

in the case of a high poverty percentage local educational agency—

(aa)

the number of such children between 7,669 and 26,412, inclusive, in such population, multiplied by 4.5; and

(bb)

the number of such children in excess of 26,412 in such population, multiplied by 6.0.

(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 in 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.

(f)

Adjustments where necessitated by appropriations

(1)

In general

If the sums available under this section for any fiscal year are insufficient to pay the full amounts that all local educational agencies in States are eligible to receive under this section for such year, the Secretary shall ratably reduce the allocations to such local educational agencies, subject to paragraphs (2) and (3).

(2)

Additional funds

If additional funds become available for making payments under this section for such fiscal year, allocations that were reduced under paragraph (1) shall be increased on the same basis as they were reduced.

(3)

Hold harmless amounts

Beginning with the second fiscal year for which amounts are appropriated to carry out this section, and if sufficient funds are available, the amount made available to each local educational agency under this section for a fiscal year 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 section 1124(c) is equal to or more than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the local educational agency;

(B)

not less than 90 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is less than 30 percent and equal to or more than 15 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 less than 15 percent.

(4)

Applicability

Notwithstanding any other provision of law, the Secretary shall not take into consideration the hold-harmless provisions of this subsection for any fiscal year for purposes of calculating State or local allocations for the fiscal year under any program administered by the Secretary other than a program authorized under this part.

(g)

Definitions

In this section:

(1)

High poverty percentage local educational agency

The term high poverty percentage local educational agency means a local educational agency for which the number of children determined under subsection (b) for a fiscal year is 20 percent or more of the total population aged 5 to 17, inclusive, of the local educational agency for such fiscal year.

(2)

State

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

.

1011A.

Adequacy of funding rule

Section 1125AA(b) (20 U.S.C. 6336(b)) is amended by striking section 1122(a) and inserting section 1122(a)(1).

1011B.

Education finance incentive grant program

In section 1125A (20 U.S.C. 6337)—

(1)

in subsection (a), by striking under subsection (f) and inserting under section 1002(a) and made available under section 1122(a)(1);

(2)

in subsection (b), by striking pursuant to subsection (f) and inserting made available for this section under section 1122(a)(1);

(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 subsection (f)(3), in the matter preceding subparagraph (A), by striking shall be and inserting shall be—.

1011C.

Special allocation procedures

Section 1126 (20 U.S.C. 6338) is amended by striking sections 1124, 1124A, 1125, and 1125A each place the term appears and inserting sections 1123, 1124, 1124A, 1125, and 1125A.

1012.

Academic assessments

Part B of title I (20 U.S.C. 6361 et seq.) is amended to read as follows:

B

Academic assessments

1201.

Grants for state assessments and related activities

From amounts made available in accordance with section 1204, the Secretary shall make grants to States 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)

Expanding the range of appropriate accommodations available to children who are 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 of English language proficiency necessary to comply with section 1111(b)(2)(G).

(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 the quality, validity, and reliability of assessments for children who are English learners, including alternative assessments aligned with the challenging State academic standards, testing accommodations for children who are English learners, and assessments of English language proficiency.

(G)

Developing or improving balanced assessment systems that include summative, interim, and formative assessments, including supporting local educational agencies in developing or improving such assessments.

(H)

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.

(I)

Developing or improving models to measure and assess student growth on State assessments under section 1111(b)(2) and other assessments not required under section 1111(b)(2).

1202.

Grants for enhanced assessment instruments

(a)

Grant program authorized

From amounts made available in accordance with section 1204, the Secretary shall award, on a competitive basis, grants to State educational agencies that have submitted applications at such time, in such manner, and containing such information as the Secretary may reasonably require, which demonstrate, to the satisfaction of the Secretary, that the requirements of this section will be met, for one of more of the following:

(1)

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).

(2)

Developing or improving assessments for students who are children with disabilities, including using the principles of universal design for learning, which may include developing assessments aligned to alternate academic achievement standards for students with the most significant cognitive disabilities described in section 1111(b)(2)(D).

(3)

Measuring student progress or academic growth over time, including by using multiple measures, or developing or improving models to measure and assess growth on State assessments under section 1111(b)(2).

(4)

Evaluating student academic achievement through the development of comprehensive academic assessment instruments, such as performance and technology-based academic assessments that emphasize the mastery of standards and aligned competencies in a competency-based education model, technology-based academic assessments, computer adaptive assessments, and portfolios, projects, or extended performance task assessments.

(5)

Designing the report cards and reports under section 1111(d) 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—

(A)

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

(B)

is derived from existing State and local reporting requirements and data sources.

(b)

Rule of construction

Nothing in paragraph (5) shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary not otherwise explicitly authorized 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 its activities under the grant and the result of such activities.

(d)

Prohibition

No funds provided under this section to the Secretary shall be used to mandate, direct, control, incentivize, or make financial awards conditioned upon a State (or a consortium of States) developing any assessment common to a number of States, including testing activities prohibited under section 9529.

1203.

Audits of assessment systems

(a)

In general

From the amount reserved under section 1204(b)(1)(C) 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)

carry out audits of State assessment systems and ensure that local educational agencies carry out audits of local assessments under subsection (e)(1);

(B)

prepare and carry out the State plan under subsection (e)(6); 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)

carry out the State plan under subsection (e)(6); and

(B)

award subgrants under subsection (f).

(b)

Minimum amount

Each State with an approved application shall receive a grant amount of not less than $1,500,000 per fiscal year.

(c)

Reallocation

If a State chooses not to apply to receive a grant under this subsection, or if such State’s application under subsection (d) is disapproved by the Secretary, the Secretary shall reallocate such grant amount to other States with approved applications.

(d)

Application

A State desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(e)

Audits of state assessment systems and local assessments

(1)

Audit requirements

Not later than 1 year after a State receives a grant under this section for the first time, the State shall—

(A)

conduct an audit of the State assessment system;

(B)

ensure that each local educational agency under the State’s jurisdiction and receiving funds under this Act—

(i)

conducts an audit of each local assessment administered by the local educational agency; 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—

(i)

publicly available, such as a widely accessible online platform; and

(ii)

with appropriate accessibility provisions for individuals with disabilities and English learners.

(2)

Resources for local educational agencies

In carrying out paragraph (1)(B), each State shall develop and provide local educational agencies with resources, such as guidelines and protocols, to assist the agencies in conducting and reporting the results of the audit required under such paragraph.

(3)

State assessment system description

An audit of a State assessment system conducted under paragraph (1) shall include a description of each State assessment carried out in the State, including—

(A)

the grade and subject matter assessed;

(B)

whether the assessment is required under section 1111(b)(2) or allowed under section 1111(b)(2)(D);

(C)

the annual cost to the State educational agency involved in developing, purchasing, administering, and scoring the assessment;

(D)

the purpose for which the assessment was designed and the purpose for which the assessment is used, including assessments designed to contribute to systems of improvement of teaching and learning;

(E)

the time for disseminating assessment results;

(F)

a description of how the assessment is aligned with the challenging State academic standards under section 1111(b)(1);

(G)

a description of any State law or regulation that established the requirement for the assessment;

(H)

the schedule and calendar for all State assessments given; and

(I)

a description of the State’s policies for inclusion of English learners and children with disabilities participating in assessments, including developing and promoting the use of appropriate accommodations.

(4)

Local assessment description

An audit of a local assessment conducted under paragraph (1) shall include a description of the local assessment carried out by the local educational agency, including—

(A)

the descriptions listed in subparagraphs (A), (D), and (E) of paragraph (3);

(B)

the annual cost to the local educational agency of developing, purchasing, administering, and scoring the assessment;

(C)

the extent to which the assessment is aligned to the challenging State academic standards under section 1111(b)(1);

(D)

a description of any State or local law or regulation that establishes the requirement for the assessment; and

(E)

in the case of a summative assessment that is used for accountability purposes, whether the assessment is valid and reliable and consistent with nationally recognized professional and technical standards.

(5)

Stakeholder feedback

Each audit of a State assessment system or local assessment system conducted under subparagraph (A) or (B) of paragraph (1) shall include feedback on such system from education stakeholders, which shall cover information such as—

(A)

how educators, school leaders, and administrators use assessment data to improve and differentiate instruction;

(B)

the timing of release of assessment data;

(C)

the extent to which assessment data is presented in an accessible and understandable format for educators, school leaders, parents, students (if appropriate), and the community;

(D)

the opportunities, resources, and training educators and administrators are given to review assessment results and make effective use of assessment data;

(E)

the distribution of technological resources and personnel necessary to administer assessments;

(F)

the amount of time educators spend on assessment preparation;

(G)

the assessments that administrators, educators, parents, and students, if appropriate, do and do not find useful;

(H)

the amount of time students spend taking the assessments; and

(I)

other information as appropriate.

(6)

State plan on audit findings

(A)

Preparing the state plan

Not later than 6 months after a State conducts an audit under paragraph (1) and based on the results of such audit, the State shall, in coordination with the local educational agencies under the jurisdiction of the State, prepare and submit to the Secretary a plan to improve and streamline State assessment systems and local assessment systems, including through activities such as—

(i)

developing and maintaining lists of State and local assessments that—

(I)

align to the State’s content standards under section 1111(b)(1);

(II)

are valid, reliable, and remain consistent with nationally recognized professional and technical standards; and

(III)

contribute to systems of continuous improvement for teaching and learning;

(ii)

eliminating any assessments that are not required under section 1111(b)(2) (such as buying out the remainder of procurement contracts with assessment developers) that do not meet the contributing factors of high-quality assessments listed under subclauses (I) through (III) of clause (i);

(iii)

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;

(iv)

supporting local educational agencies or consortia of local educational agencies to carry out efforts to streamline local assessment systems and implementing a regular process of review and evaluation of assessment use in local educational agencies;

(v)

disseminating the assessment data in an accessible and understandable format for educators, parents, and families; and

(vi)

decreasing time between administering such State assessments and releasing assessment data.

(B)

Carry out the state plan

A State shall carry out a State plan as soon as practicable after the State prepares such State plan under subparagraph (A) and during each grant period of a grant described in subsection (a)(2) that is awarded to the State.

(f)

Subgrants to local educational agencies

(1)

In general

From the amount awarded to a State under this section, the State shall reserve not less than 20 percent of funds 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 improve assessment quality, use, and alignment with the challenging State academic standards under section 1111(b)(1).

(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 by the State. The application shall include a description of the agency’s or consortium’s needs to improve assessment quality, use, and alignment (as described in paragraph (1)).

(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);

(B)

eliminate any assessments identified for elimination by such audit, such as by buying out the remainder of procurement contracts with assessment developers;

(C)

disseminate the best practices described in subsection (e)(6)(A)(ii);

(D)

improve the capacity of school leaders and educators to disseminate assessment data in an accessible and understandable format for parents and families, including for children with disabilities or English learners;

(E)

improve assessment delivery systems and schedules, including by increasing access to technology and exam proctors, where appropriate;

(F)

hire instructional coaches, or promote educators who may receive increased compensation to serve as instructional coaches, to support educators to develop classroom-based assessments, interpret assessment data, and design instruction; and

(G)

provide for appropriate accommodations to maximize inclusion of children with disabilities and English learners participating in assessments.

(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 by 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.

1204.

Funding

(a)

National assessment of educational progress

For the purpose of administering the State assessments under the National Assessment of Educational Progress, there are authorized to be appropriated such sums as may be necessary for fiscal years 2016 through 2021.

(b)

Allotment of appropriated funds

(1)

In general

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)(H), the Secretary shall—

(A)

reserve ½ of 1 percent for the Bureau of Indian Education;

(B)

reserve ½ of 1 percent for the outlying areas;

(C)

reserve not more than 20 percent to carry out section 1203; and

(D)

from the remainder, allocate to each State for section 1201 an amount equal to—

(i)

$3,000,000; and

(ii)

with respect to any amounts remaining after the allocation is made under clause (i), an amount that bears the same relationship to such total remaining amounts as the number of students 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.

(2)

Amounts above trigger amount

Any amounts made available for a fiscal year under subsection 1002(b) that are more than the amount described in section 1111(b)(2)(H) shall be made available as follows:

(A)
(i)

To award funds under section 1202 to States selected for such grants, according to the quality, needs, and scope of the State application under that section.

(ii)

In determining the grant amount under clause (i), the Secretary shall ensure that a State’s grant includes an amount that bears the same relationship to the total funds available under this paragraph for the fiscal year as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.

(B)

Any amounts remaining after the Secretary awards funds under subparagraph (A) shall be allocated to each State that did not receive a grant under such subparagraph, in an amount that bears the same relationship to the total funds available under this subparagraph as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.

(c)

State defined

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

1205.

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.

(2)

Demonstration period

In accordance with the requirements described in subsection (c), 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 it desires to exercise the demonstration authority, except that such period shall not exceed 5 years.

(3)

Initial demonstration authority; progress report; expansion

(A)

Initial period

During the first 3 years of the demonstration authority under this section, the Secretary shall provide State educational agencies, or consortia of State educational agencies, subject to meeting the application requirements in subsection (c), with the authority described in paragraph (1).

(B)

Limitation

During the first 3 years of the demonstration authority under this section, the total number of participating State educational agencies, including those participating in consortia, may not exceed 7, and not more than 4 State educational agencies may participate in a single consortium.

(C)

Progress report

(i)

In general

Not later than 90 days after the end of the first 3 years of the initial demonstration period described in subparagraph (A), the Director of the Institute of Education Sciences, in consultation with the Secretary, shall publish a report detailing the initial progress of the approved innovative assessment systems prior to providing additional State educational agencies with the demonstration authority described in paragraph (1).

(ii)

Criteria

The progress report under clause (i) shall draw upon the annual information submitted by participating States described in subsection (c)(2)(I) and examine the extent to which—

(I)

the innovative assessment systems have demonstrated progress for all students, including at-risk students, in relation to such measures as—

(aa)

student achievement and academic outcomes;

(bb)

graduation rates for high schools;

(cc)

retention rates of students in school; and

(dd)

rates of remediation for students;

(II)

the innovative assessment systems have facilitated progress in relation to at least one other valid and reliable indicator of quality, success, or student support, such as those reported annually by the State in accordance with section 1111(b)(3)(B)(ii)(IV);

(III)

the State educational agencies have solicited feedback from teachers, principals, other school leaders, and parents about their satisfaction with the innovative assessment system;

(IV)

teachers, principals, and other school leaders have demonstrated a commitment and capacity to implement or continue to implement the innovative assessment systems;

(V)

the innovative assessment systems have been developed in accordance with the requirements of subsection (c), including substantial evidence that such systems meet such requirements; and

(VI)

each State participating in the demonstration authority has demonstrated that the same system of assessments was used to measure the achievement of all students that participated in the demonstration authority, and at least 95 percent of such students overall and in each of the categories of students, as defined in section 1111(b)(3)(A), were assessed under the innovative assessment system.

(iii)

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—

(I)

to support participating State educational agencies through technical assistance; and

(II)

to inform the peer review process described in subsection (d) for advising the Secretary on the awarding of the demonstration authority to the additional State educational agencies described in subparagraph (D).

(iv)

Publicly available

The Secretary shall make the progress report under this subparagraph and the response described in clause (iii) publicly available on the website of the Department.

(v)

Prohibition

Nothing in this subparagraph shall be construed to authorize the Secretary to require participating States to submit any additional information for the purposes of the progress report beyond what the State has already provided in the annual report described in subsection (c)(2)(I).

(D)

Expansion of the demonstration authority

Upon completion and publication of the report described in subparagraph (C)(iv), additional State educational agencies or consortia of State educational agencies may apply for the demonstration authority described in this section without regard to the limitations described in subparagraph (B). Such State educational agencies or consortia of State educational agencies shall be subject to all of the same requirements of this section.

(c)

Application

Consistent with the process described in subsection (d), 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, in such manner, and containing such information as the Secretary may reasonably require. Such application shall include a description of the innovative assessment system, what experience the applicant has in implementing any components of the innovative assessment system, and the timeline over which the State proposes to exercise this authority. In addition, the application shall include the following:

(1)

A demonstration that the innovative assessment system will—

(A)

meet all the requirements of section 1111(b)(2)(B), except the requirements of clauses (i) and (v) of such section;

(B)

be aligned to the standards under section 1111(b)(1) and address the depth and breadth of the challenging State academic standards under such section;

(C)

express student results or student competencies in terms consistent with the State aligned academic achievement standards;

(D)

be able to generate comparable, valid, and reliable results for all students and for each category of students described in section 1111(b)(2)(B)(xi), compared to the results for such students on the State assessments under section 1111(b)(2);

(E)

be developed in collaboration with stakeholders representing the interests of children with disabilities, English learners, and other vulnerable children, educators, including teachers, principals, and other school leaders, local educational agencies, parents, and civil rights organizations in the State;

(F)

be accessible to all students, such as by incorporating the principles of universal design for learning;

(G)

provide educators, students, and parents with timely data, disaggregated by each category of students described in section 1111(b)(2)(B)(xi), to inform and improve instructional practice and student supports;

(H)

be able to identify which students are not making progress toward the State’s academic achievement standards so that educators can provide instructional support and targeted intervention to all students to ensure every student is making progress;

(I)

measure the annual progress of not less than 95 percent of all students and students in each of the categories of students, as defined in section 1111(b)(3)(A), who are enrolled in each school that is participating in the innovative assessment system and are required to take assessments;

(J)

generate an annual, summative achievement determination based on annual data for each individual student based on the challenging State academic standards under section 1111(b)(1) and be able to validly and reliably aggregate data from the innovative assessment system for purposes of accountability, consistent with the requirements of section 1111(b)(3), and reporting, consistent with the requirements of section 1111(d); and

(K)

continue use of the high-quality statewide academic assessments required under section 1111(b)(2) if such assessments will be used for accountability purposes for the duration of the demonstration.

(2)

A description of how the State educational agency will—

(A)

identify the distinct purposes for each assessment that is part of the innovative assessment system;

(B)

provide support and training to local educational agency and school staff to implement the innovative assessment system described in this subsection;

(C)

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;

(D)

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;

(E)

acclimate students to the innovative assessment system;

(F)

ensure that students with the most significant cognitive disabilities may be assessed with alternate assessments consistent with section 1111(b)(2)(D);

(G)

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 period of demonstration authority and 2-year extension period, if applicable, including the timeline that explains the process for scaling to statewide implementation by either the end of the State’s proposed period of demonstration authority or the 2-year extension period;

(H)

gather data, solicit regular feedback from educators 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

(I)

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 or 2-year extension period, including a description of how—

(I)

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 period; and

(II)

by the end of the demonstration authority, the participating local educational agencies, as a group, will be demographically similar to the State as a whole;

(ii)

performance of all participating students and for each category of students, as defined in section 1111(b)(3)(A), on the innovative assessment, consistent with the requirements in section 1111(d);

(iii)

performance of all participating students in relation to at least one other valid and reliable indicator of quality, success, or student supports, such as those reported annually by the State in accordance with section 1111(b)(3)(B)(ii)(IV);

(iv)

feedback from teachers, principals, other school leaders, and parents about their satisfaction with the innovative assessment system; and

(v)

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 period of demonstration authority, as described in subparagraph (G).

(3)

A description of the State educational agency’s plan to—

(A)

ensure that all students and each of the categories of students, as defined in section 1111(b)(3)(A)—

(i)

are held to the same high standard as other students in the State; and

(ii)

receive the instructional support needed to meet challenging State academic standards;

(B)

ensure that each local educational agency has the technological infrastructure to implement the innovative assessment system; and

(C)

hold all participating schools in the local educational agencies participating in the program of demonstration authority accountable for meeting the State’s expectations for student achievement.

(4)

If the innovative assessment system will initially be administered in a subset of local educational agencies—

(A)

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 period;

(B)

assurances from such local educational agencies that such agencies will comply with the requirements of this subsection; and

(C)

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 throughout the demonstration authority; 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 period of demonstration authority.

(d)

Peer review

The Secretary shall—

(1)

implement a peer review process to inform—

(A)

the awarding of the demonstration authority under this section and the approval to operate the system for the purposes of paragraphs (2) and (3) of section 1111(b), as described in subsection (h) of this section; and

(B)

determinations about whether the innovative assessment system—

(i)

is comparable to the State assessments under section 1111(b)(2)(B)(v)(I), 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(b)(3)(B)(i) for all students;

(2)

ensure that the peer review team is comprised of practitioners and experts who are knowledgeable about the innovative assessment being proposed for all 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 State 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 not later than 90 days after receipt of the complete application;

(5)

offer a State the opportunity to revise and resubmit its application within 60 days of a disapproval determination under paragraph (4) to allow the State to submit additional evidence that the State’s application meets the requirements of subjection (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.

(e)

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—

(1)

demonstrating capacity to transition to statewide use by the end of a 2-year extension period; and

(2)

demonstrating that the participating local educational agencies, as a group, will be demographically similar to the State as a whole by the end of a 2-year extension period.

(f)

Use of innovative assessment system

A State may, during its approved demonstration period or 2-year extension period, 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, those from the assessment system under section 1111(b)(2) if the State demonstrates that the State has met the requirements in subsection (c). The State shall continue to meet all other requirements of section 1111(b)(3).

(g)

Authority withdrawn

The Secretary shall withdraw the authorization for demonstration authority provided to a State educational agency under this section and any participating local educational agency or the State as a whole shall return to the statewide assessment system under section 1111(b)(2) if, at any point during a State’s approved period of demonstration or 2-year extension period, the State educational agency cannot present to the Secretary a body of substantial evidence that the innovative assessment system developed under this section—

(1)

meets requirements of subsection (c);

(2)

includes all students attending schools participating in the demonstration authority, including each of the categories of students, as defined in section 1111(b)(3)(A), in the innovative assessment system demonstration;

(3)

provides an unbiased, rational, and consistent determination of progress toward the goals described under section 1111(b)(3)(B)(i) for all students, which are comparable to determinations under section 1111(b)(3)(B)(iii) 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 period and 2-year extension, if the innovative assessment system will initially be administered in a subset of local educational agencies; and

(5)

is comparable to the statewide assessments under section 1111(b)(2) in content coverage, difficulty, and quality.

(h)

Transition

(1)

In general

If, after a State’s approved demonstration and extension period, the State educational agency has met all the requirements of this section, including having scaled the system up to statewide use, and demonstrated that such system is of high quality, 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 paragraphs (2) and (3) of section 1111(b). Such system shall be deemed of high quality if the Secretary, through the peer review process described in subsection (d), determines that the system has—

(A)

met all of the requirements of this section;

(B)

demonstrated progress for all students, including each of the categories of students defined in section 1111(b)(3)(A), in relation to such measures as—

(i)

increasing student achievement and academic outcomes;

(ii)

increasing the 4-year adjusted cohort graduation rate or the extended-year adjusted cohort graduation rate for high schools;

(iii)

increasing retention rates of students in school; and

(iv)

increasing rates of remediation at institutions of higher education for participating students;

(C)

demonstrated progress in relation to at least one other valid and reliable indicator of quality, success, or student supports, such as those reported annually by the State in accordance with section 1111(b)(3)(B)(ii)(IV);

(D)

provided coherent and timely information about student attainment of the State’s challenging 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;

(E)

solicited feedback from teachers, principals, other school leaders, and parents about their satisfaction with the innovative assessment system; and

(F)

demonstrated that the same system of assessments was used to measure the achievement of all students, and at least 95 percent of such students overall and in each of the categories of students, as defined in section 1111(b)(3)(A), were assessed under the innovative assessment system.

(2)

Baseline

For the purposes of the evaluation described in paragraph (1), the baseline year shall be considered the first year of implementation of the innovative assessment system for each local educational agency.

(3)

Waiver authority

If, at the conclusion of the State’s approved demonstration and extension period, the State has met all of the requirements of this section, except transition to full statewide use for States that will initially administer an innovative assessment system in a subset of local educational agencies, and continues to comply with the other requirements of this section, and demonstrates a high-quality plan for transition to statewide use in a reasonable period of time, the State may request, and the Secretary shall review such request, a delay of the withdrawal of authority under subsection (g) for the purpose of providing the State time necessary to implement the innovative assessment system statewide.

(i)

Available funds

A State may use funds available under section 1201 to carry out this section.

(j)

Rule of construction

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.

(k)

Dissemination of best practices

(1)

In general

Following the publication of the progress report described in subsection (b)(3)(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—

(A)

the development of summative assessments that meet the requirements of section 1111(b)(2)(B), are comparable with statewide assessments, and include assessment tasks that determine proficiency or mastery of State-approved competencies aligned to challenging academic standards;

(B)

the development of effective supports for local educational agencies and school staff to implement innovative assessment systems;

(C)

the development of effective engagement and support of teachers in developing and scoring assessments and the use of high-quality professional development;

(D)

the development of effective supports for all students, particularly each of the categories of students, as defined in section 1111(b)(3)(A), participating in the innovative assessment systems; and

(E)

the development of 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 to the public on the website of the Department and shall publish an update to the information not less often than once every 3 years.

.

1013.

Education of migratory children

Part C of title I (20 U.S.C. 6391 et seq.) is amended—

(1)

in section 1301—

(A)

in paragraph (2), by striking State academic content and student academic achievement standards and inserting challenging State academic standards;

(B)

in paragraph (4), by striking State academic content and student academic achievement standards and inserting State academic standards; and

(C)

in paragraph (5), by inserting without the need for postsecondary remediation after employment;

(2)

in section 1303—

(A)

by striking subsection (a) and inserting the following:

(a)

State allocations

(1)

Base amount

(A)

In general

Except as provided in subsection (b) and subparagraph (B), each State (other than the Commonwealth of Puerto Rico) is entitled to receive under this part, for fiscal year 2016 and succeeding fiscal years, an amount equal to—

(i)

the amount that such State received under this part for fiscal year 2002; plus

(ii)

the amount allocated to the State under paragraph (2).

(B)

Nonparticipating states

In the case of a State (other than the Commonwealth of Puerto Rico) that did not receive any funds for fiscal year 2002 under this part, the State shall receive, for fiscal year 2016 and succeeding fiscal years, an amount equal to—

(i)

the amount that such State would have received under this part for fiscal year 2002 if its application under section 1304 for the year had been approved; plus

(ii)

the amount allocated to the State under paragraph (2).

(2)

Allocation of additional amount

For fiscal year 2016 and succeeding fiscal years, the amount (if any) by which the funds appropriated to carry out this part for the year exceed such funds for fiscal year 2002 shall be allocated to a State (other than the Commonwealth of Puerto Rico) so that the State receives an amount equal to—

(A)

the sum of—

(i)

the number of identified eligible migratory children, aged 3 through 21, residing in the State during the previous year; and

(ii)

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 such year; multiplied by

(B)

40 percent of the average per-pupil expenditure in the State, except that the amount determined under this subparagraph may not be less than 32 percent, or more than 48 percent, of the average per-pupil expenditure in the United States.

;

(B)

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

(2)

Minimum percentage

The percentage in paragraph (1)(A) shall not be less than 85.0 percent.

;

(C)

in subsection (c)—

(i)

in paragraph (1)—

(I)

by striking (A) If, after and inserting the following:

(A)

In general

If, after

; and

(II)

in subparagraph (B)—

(aa)

by striking If additional and inserting Reallocation.—If additional; and

(bb)

by moving the margins of such subparagraph 2 ems to the right; and

(ii)

in paragraph (2)—

(I)

by striking (A) The Secretary and inserting the following:

(A)

Further reductions

The Secretary

; and

(II)

in subparagraph (B)—

(aa)

by striking The Secretary and inserting Reallocation.—The Secretary; and

(bb)

by moving the margins of such subparagraph 2 ems to the right; and

(D)

in subsection (d)(3)(B), by striking welfare or educational attainment and inserting academic achievement; and

(E)

in subsection (e)—

(i)

in the matter preceding paragraph (1), by striking estimated and inserting identified; and

(ii)

by striking the Secretary shall and all that follows through the period at the end and inserting the Secretary shall use such information as the Secretary finds most accurately reflects the actual number of migratory children.;

(3)

in section 1304—

(A)

in subsection (b)—

(i)

in paragraph (1)—

(I)

in the matter preceding subparagraph (A)—

(aa)

by striking special educational needs and inserting unique educational needs; and

(bb)

by inserting and out-of-school migratory children after including preschool migratory children;

(II)

in subparagraph (B), 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;

;

(ii)

in paragraph (2), by striking challenging State academic content standards and challenging State student academic achievement standards and inserting challenging State academic standards;

(iii)

in paragraph (3), by striking , consistent with procedures the Secretary may require,;

(iv)

in paragraph (5), by inserting and after the semicolon;

(v)

by striking paragraph (6); and

(vi)

by redesignating paragraph (7) as paragraph (6);

(B)

in subsection (c)—

(i)

in the matter preceding paragraph (1), by striking , satisfactory to the Secretary,;

(ii)

in paragraph (2), by striking in a manner consistent with the objectives of section 1114, subsections (b) and (d) of section 1115, subsections (b) and (c) of section 1120A, and part I and inserting in a manner consistent with the objectives of section 1113(c), paragraphs (3) and (4) of section 1113(d), subsections (b) and (c) of section 1117, and part E;

(iii)

in paragraph (3)—

(I)

in the matter before subparagraph (A), by striking parent advisory councils and inserting parents of migratory children, including parent advisory councils; and

(II)

by striking section 1118 and inserting section 1115;

(iv)

in paragraph (4), by inserting and out-of-school migratory children after addressing the unmet educational needs of preschool migratory children;

(v)

in paragraph (6)—

(I)

by striking to the extent feasible,;

(II)

by striking subparagraph (C) and inserting the following:

(C)

evidence-based family literacy programs;

; and

(III)

in subparagraph (E), by inserting , without the need for postsecondary remediation after employment; and

(vi)

in paragraph (7), 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)(2)(A);

(C)

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

(D)

in subsection (e)(3), by striking secondary school students and inserting students;

(4)

in section 1305(b), by inserting , to the extent practicable, after may;

(5)

in section 1306—

(A)

in subsection (a)(1)—

(i)

by striking special both places the term appears and inserting unique;

(ii)

in subparagraph (C), by striking challenging State academic content standards and challenging State student academic achievement standards and inserting challenging State academic standards; and

(iii)

in subparagraph (F), by striking or B; and

(B)

in subsection (b)(4)—

(i)

by striking special and inserting unique; and

(ii)

by striking section 1114 each place the term appears and inserting section 1113(c);

(6)

in section 1307—

(A)

in the matter preceding paragraph (1), by striking nonprofit; and

(B)

in paragraph (3), by striking welfare or educational attainment and inserting educational achievement;

(7)

in section 1308—

(A)

in subsection (a)(1), by inserting through after including; and

(B)

in subsection (b)—

(i)

in paragraph (1), by striking developing effective methods for;

(ii)

in paragraph (2)—

(I)

in subparagraph (A)—

(aa)

in the matter preceding clause (i), in the first sentence—

(AA)

by striking ensure the linkage of migrant student and inserting maintain;

(BB)

by striking systems and inserting system;

(CC)

by inserting within and before among the States; and

(DD)

by striking all migratory students and inserting all migratory children eligible under this part;

(bb)

in the matter preceding clause (i), by striking The Secretary shall ensure and all that follows through maintain.;

(cc)

in the matter preceding clause (i), by striking Such elements and inserting Such information; and

(dd)

in clause (ii), by striking required;

(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 subclause (II)—

(aa)

by striking the proposed data elements and inserting any new proposed data elements; and

(bb)

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

(iii)

by striking paragraph (4); and

(8)

in section 1309—

(A)

in paragraph (1)(B), by striking nonprofit; and

(B)

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 new employment and has a recent history of moves for 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 new employment and has a recent history of moves for fishing work.

(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;

(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 to engage in a fishing activity; or

(iii)

in a case in which another exception applies, as defined by the Secretary.

.

1014.

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)

in subparagraph (C)—

(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

(IV)

by adding at the end the following:

(D)

provide assurances that the State educational agency has established—

(i)

procedures to ensure the prompt 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 higher education or career pathways.

; and

(B)

in subsection (c)—

(i)

in paragraph (1)—

(I)

by inserting and respond to after to assess; and

(II)

by inserting and, to the extent practicable, provide for an 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 9601 after recent evaluation; and

(III)

by striking will be used;

(iii)

in paragraph (8)—

(I)

by striking vocational and inserting career; and

(II)

by striking Public Law 105–220 and inserting the Workforce Innovation and Opportunity Act;

(iv)

in paragraph (9)—

(I)

by inserting and following after youth prior to; and

(II)

by inserting and, to the extent practicable, to ensure that transition plans are in place after the local educational agency or alternative education program;

(v)

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;

(vi)

in paragraph (16), by inserting and obtain a high school diploma after to encourage the children and youth to reenter school;

(vii)

in paragraph (17), by inserting certified or licensed after provides an assurance that;

(viii)

in paragraph (18), by striking and after the semicolon;

(ix)

in paragraph (19), by striking the period at the end and inserting ; and; and

(x)

by adding at the end the following:

(20)

describes how the State agency will, to the extent feasible, identify youth who have come in contact with both the child welfare system and juvenile justice system and improve practices and expand the evidence-based intervention services to reduce school suspensions, expulsions, and referrals to law enforcement.

;

(4)

in section 1415—

(A)

in subsection (a)—

(i)

in paragraph (1)(B)—

(I)

by inserting , without the need for remediation, after transition; and

(II)

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 that produce a measurable, clearly defined outcome that results in social benefit and direct cost savings to the local, State, or Federal Government; and

(iii)

providing targeted, evidence-based 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 content standards and student academic achievement; and

(bb)

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 inserting section 1117; 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 1117;

(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 high school diploma;

(B)

in paragraph (4)—

(i)

by striking pupil and inserting specialized instructional support; and

(ii)

by inserting and, to the extent practicable, the development and implementation of transition plans 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)—

(I)

by striking secondary and inserting high; and

(II)

by inserting , without the need for remediation, after reentry;

(7)

in section 1419, 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—

(A)

in paragraph (1), by inserting , without the need for remediation, after youth; and

(B)

in paragraph (3), by inserting , including schools operated or funded by the Bureau of Indian Education, after local schools;

(9)

in section 1422(d)—

(A)

by inserting , which may include the nonacademic needs, after to meet the transitional and academic needs; and

(B)

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 activities that the local educational agency will carry out to facilitate the successful transition of children and youth in locally operated institutions for neglected and delinquent children and other correctional institutions into schools served by the local educational agency or, as appropriate, into career and technical education and postsecondary education programs;

;

(C)

in paragraph (8), by inserting and family members after will involve parents;

(D)

in paragraph (9)—

(i)

by striking vocational and inserting career; and

(ii)

by striking Public Law 105–220 and inserting the Workforce Innovation and Opportunity Act;

(E)

by striking paragraph (11) and inserting the following:

(11)

as appropriate, a description of how the local educational agency and schools will address the educational needs of children and youth who return from institutions for neglected and delinquent children and youth or from correctional institutions and attend regular or alternative schools;

; and

(F)

in paragraph (12), by striking participating schools and inserting the local educational agency;

(11)

in section 1424—

(A)

in paragraph (2), by striking , including and all that follows through gang members;

(B)

in paragraph (4)—

(i)

by striking vocational and inserting career; and

(ii)

by striking and after the semicolon; and

(C)

in paragraph (5), by striking the period at the end and inserting a semicolon; and

(D)

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 that produce a measurable, clearly defined outcome that results in social benefit and direct cost savings to the local, State, or Federal government.

;

(12)

in section 1425—

(A)

in paragraph (4)—

(i)

by inserting and obtain a high school diploma after reenter school; and

(ii)

by striking or seek a secondary school diploma or its recognized equivalent;

(B)

in paragraph (6), by striking high academic achievement standards and inserting the challenging State academic standards;

(C)

in paragraph (9)—

(i)

by striking vocational and inserting career; and

(ii)

by striking Public Law 105–220 and inserting the Workforce Innovation and Opportunity Act;

(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)

to the extent practicable, develop an initial educational services and transition plan for each child or youth served under this subpart upon entry into the correctional facility, in partnership 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), consistent with section 1414(a)(1); 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(2), by striking secondary and inserting high;

(14)

in section 1431(a)—

(A)

by striking secondary each place the term appears and inserting high;

(B)

in paragraph (1), by inserting and to graduate from high school in the standard number of years after educational achievement; and

(C)

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 striking has limited English proficiency and inserting is an English learner; and

(B)

by striking or has a high absenteeism rate at school. and inserting has a high absenteeism rate at school, or has other life conditions that make the individual at high risk for dependency or delinquency adjudication..

1015.

General provisions

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

(1)

by striking parts E, F, G, and H;

(2)

by redesignating part I as part E;

(3)

by striking sections 1907 and 1908;

(4)

by redesignating sections 1901, 1902, 1903, 1905, and 1906 as sections 1501, 1502, 1503, 1504, and 1505, respectively;

(5)

in section 1501, as redesignated by paragraph (4)—

(A)

in subsection (a), by inserting , in accordance with subsections (b) through (d), after may issue;

(B)

in subsection (b)—

(i)

in paragraph (1), by inserting principals, other school leaders (including charter school leaders), after teachers,;

(ii)

in paragraph (2), by adding at the end the following: All information from such regional meetings and electronic exchanges shall be made public in an easily accessible manner to interested parties.;

(iii)

in paragraph (3)(A), by striking standards and assessments and inserting standards, assessments, the State accountability system under section 1111(b)(3), school intervention and support under section 1114, and the requirement that funds be supplemented and not supplanted under section 1117;;

(iv)

by striking paragraph (4) and inserting the following:

(4)

Process

Such process shall not be subject to the Federal Advisory Committee Act, but shall, unless otherwise provided as described in subsection (c), follow the provisions of the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).

; and

(v)

by striking paragraph (5) and inserting the following:

(5)

Emergency situation

In an emergency situation in which regulations to carry out this title must be issued within a very limited time to assist State educational agencies and local educational agencies with the operation of a program under this title, the Secretary may issue a proposed regulation without following such process but shall—

(A)

designate the proposed regulation as an emergency with an explanation of the emergency in a notice provided to Congress;

(B)

publish the duration of the comment and review period in such notice and in the Federal Register; and

(C)

conduct regional meetings to review such proposed regulation before issuing any final regulation.

;

(C)

by redesignating subsection (c) as subsection (d);

(D)

by inserting after subsection (b) the following:

(c)

Alternative process if failure To reach consensus

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 paragraph (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 30 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 regulation to be proposed;

(B)

a justification of the need to issue a regulation;

(C)

the anticipated burden, including the time, cost, and paperwork burden, the regulations 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;

(E)

any regulations that will be repealed when the new regulations are issued; and

(F)

an opportunity to comment on the information in subparagraphs (A) through (E).

(2)

Comment period for congress

The Secretary shall provide Congress with a 15-day period, beginning after the date on which the Secretary provided the notice of any proposed rulemaking to Congress under paragraph (1), to make comments on the proposed rule. After addressing all comments received from Congress during such period, the Secretary may proceed with the rulemaking process under section 553 of title 5, United States Code, as modified by this section.

(3)

Public comment and review period

The public comment and review period for any proposed regulation shall be not less than 90 days unless an emergency requires a shorter period, in which case the Secretary shall comply with the process outlined in subsection (b)(5).

(4)

Assessment

No regulation shall be made final after the comment and review period described in paragraph (3) until the Secretary has published in the Federal Register—

(A)

an assessment of the proposed regulation that—

(i)

includes a representative sampling of local educational agencies based on enrollment, geographic diversity (including suburban, urban, and rural local educational agencies), and other factors impacted by the proposed regulation;

(ii)

addresses the burden, including the time, cost, and paperwork burden, that the regulation will impose on State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation;

(iii)

addresses the benefits to State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation; and

(iv)

thoroughly addresses, based on the comments received during the comment and review period under paragraph (3), whether the rule is financially and operationally viable at the local level; and

(B)

an explanation of how the entities described in subparagraph (A)(ii) may cover the cost of the burden assessed under such subparagraph.

; and

(E)

by inserting after subsection (d), as redesignated by subparagraph (C), the following:

(e)

Rule of construction

Nothing in this section affects the applicability of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act) or chapter 8 of title 5, United States Code (commonly known as the Congressional Review Act).

;

(6)

in section 1502(a), as redesignated by paragraph (4)—

(A)

by striking section 1901 and inserting section 1501; and

(B)

by striking or provides a written and all that follows through the period at the end and inserting or, where negotiated rulemaking is not pursued, shall conform to section 1501(c).; and

(7)

in section 1503, as redesignated by paragraph (4)—

(A)

in subsection (a)(2), by striking student academic achievement and inserting academic; and

(B)

in subsection (b)(2)—

(i)

in subparagraph (C), by striking , including vocational educators;

(ii)

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

(iii)

by striking subparagraph (G) and inserting the following:

(G)

specialized instructional support personnel;

(H)

representatives of charter schools, as appropriate; and

(I)

paraprofessionals.

.

1016.

Report on subgroup sample size

(a)

Report

Not later than 90 days after the date of enactment of this Act, the Director of the Institute of Education Sciences shall publish a report on best practices for determining valid, reliable, and statistically significant minimum numbers of students for each of the categories of students, as defined in section 1111(b)(3)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(A)) (as amended by this Act), for the purposes of inclusion as categories of students in an accountability system described in section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)) (as amended by this Act) and how such minimum number that is determined will not reveal personally identifiable information about students.

(b)

Public dissemination

The Director of the Institute of Education Sciences shall work with the Department of Education’s existing technical assistance providers and dissemination networks to ensure that the report described under subsection (a) is widely disseminated—

(1)

to the public, State educational agencies, local educational agencies, and schools; and

(2)

through electronic transfer and other means, such as posting the report on the website of the Institute of Education Sciences or in another relevant place.

1017.

Report on implementation of educational stability of children in foster care

Not later than 2 years after the date of enactment of this Act, the Secretary of Education and the Secretary of Health and Human Services shall submit to the appropriate committees of Congress a report on the implementation of section 1111(c)(1)(L) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(c)(1)(L)), including the progress made and the remaining barriers relating to such implementation.

1018.

Student privacy policy committee

(a)

Establishment of a Committee on Student Privacy Policy

Not later than 60 days after the date of enactment of this Act, there is established a committee to be known as the Student Privacy Policy Committee (referred to in this section as the Committee).

(b)

Membership

(1)

Composition

The Committee shall be composed of—

(A)

3 individuals appointed by the Secretary of Education;

(B)

not less than 8 and not more than 13 individuals appointed by the Comptroller General of the United States, representing—

(i)

experts in education data and student privacy;

(ii)

educators and parents;

(iii)

State and local government officials responsible for managing student information;

(iv)

education technology leaders in the State or a local educational agency;

(v)

experts with practical experience dealing with data privacy management at the State or local level;

(vi)

experts with a background in academia or research in data privacy and education data; and

(vii)

education technology providers and education data storage providers; and

(C)

4 members appointed by—

(i)

the majority leader of the Senate;

(ii)

the minority leader of the Senate;

(iii)

the Speaker of the House of Representatives; and

(iv)

the minority leader of the House of Representatives.

(D)

Chairperson

The Committee shall select a Chairperson from among its members.

(E)

Vacancies

Any vacancy in the Committee shall not affect the powers of the Committee and shall be filled in the same manner as an initial appointment described in subparagraphs (A) through (C).

(c)

Meetings

The Committee shall hold, at the call of the Chairperson, not less than 5 meetings before completing the study required under subsection (e) and the report required under subsection (f).

(d)

Personnel Matters

(1)

Compensation of Members

Each member of the Committee shall serve without compensation in addition to any such compensation received for the member's service as an officer or employee of the United States, if applicable.

(2)

Travel Expenses

The members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter 1 of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee.

(e)

Duties of the Committee

(1)

Study

The Committee shall conduct a study on the effectiveness of Federal laws and enforcement mechanisms of—

(A)

student privacy; and

(B)

parental rights to student information.

(2)

Recommendations

Based on the findings of the study under paragraph (1), the Committee shall develop recommendations addressing issues of student privacy and parental rights and how to improve and enforce Federal laws regarding student privacy and parental rights, including recommendations that—

(A)

provide or update standard definitions, if needed, for relevant terms related to student privacy, including—

(i)

education record;

(ii)

personally identifiable information;

(iii)

aggregated, de-identified, or anonymized data;

(iv)

third-party; and

(v)

educational purpose;

(B)

identify—

(i)

which Federal laws should be updated; and

(ii)

the appropriate Federal enforcement authority to execute the laws identified in clause (i);

(C)

address the sharing of data in an increasingly technological world, including—

(i)

evaluations of protections in place for student data when it is used for research purposes;

(ii)

establishing best practices for any entity that is charged with handling, or that comes into contact with, student education records;

(iii)

ensuring that identifiable data cannot be used to target students for advertising or marketing purposes; and

(iv)

establishing best practices for data deletion and minimization;

(D)

discuss transparency and parental access to personal student information by establishing best practices for—

(i)

ensuring parental knowledge of any entity that stores or accesses their student's information;

(ii)

parents to amend, delete, or modify their student's information; and

(iii)

a central designee in a State or a political subdivision of a State who can oversee transparency and serve as a point of contact for interested parties;

(E)

establish best practices for the local entities who handle student privacy, which may include professional development for those who come into contact with identifiable data; and

(F)

discuss how to improve coordination between Federal and State laws.

(f)

Report

Not later than 270 days after the date of enactment of this Act, the Committee shall prepare and submit a report to the Secretary of Education and to Congress containing the findings of the study under subsection (e)(1) and the recommendations developed under subsection (e)(2).

1019.

Report on student home access to digital learning resources

(a)

In general

Not later than 18 months after the date of enactment of this Act, the Director of the Institute of Education Sciences, in consultation with relevant Federal agencies, shall complete a national study on the educational trends and behaviors associated with access to digital learning resources outside of the classroom, which shall include analysis of extant data and new surveys about students and teachers that provide—

(1)

a description of the various locations from which students access the Internet and digital learning resources outside of the classroom, including through an after-school or summer program, a library, and at home;

(2)

a description of the various devices and technology through which students access the Internet and digital learning resources outside of the classroom, including through a computer or mobile device;

(3)

data associated with the number of students who lack home Internet access, disaggregated by—

(A)

each of the categories of students, as defined in section 1111(b)(3)(A) of the Elementary and Secondary Education Act of 1965;

(B)

homeless students and children or youth in foster care; and

(C)

students in geographically diverse areas, including urban, suburban, and rural areas;

(4)

data associated with the barriers to students acquiring home Internet access;

(5)

data associated with the proportion of educators who assign homework or implement innovative learning models that require or are substantially augmented by a student having home Internet access and the frequency of the need for such access;

(6)

a description of the learning behaviors associated with students who lack home Internet access, including—

(A)

student participation in the classroom, including the ability to complete homework and participate in innovative learning models;

(B)

student engagement, through such measures as attendance rates and chronic absenteeism; and

(C)

a student’s ability to apply for employment, postsecondary education, and financial aid programs;

(7)

an analysis of the how a student’s lack of home Internet access impacts the instructional practice of educators, including—

(A)

the extent to which educators alter instructional methods, resources, homework assignments, and curriculum in order to accommodate differing levels of home Internet access; and

(B)

strategies employed by educators, school leaders, and administrators to address the differing levels of home Internet access among students; and

(8)

a description of the ways in which State educational agencies, local educational agencies, schools, and other entities, including through partnerships, have developed effective means to provide students with Internet access outside of the school day.

(b)

Public dissemination

The Director of the Institute of Education Sciences shall widely disseminate the findings of the study under this section—

(1)

in a timely fashion;

(2)

in a form that is understandable, easily accessible, and publicly available and usable, or adaptable for use in, the improvement of educational practice;

(3)

through electronic transfer and other means, such as posting, as available, to the website of the Institute of Education Sciences, or the Department of Education; and

(4)

to all State educational agencies and other recipients of funds under part D of title IV of the Elementary and Secondary Education Act of 1965.

(c)

Definition of digital learning

In this section, the term digital learning

(1)

has the meaning given the term in section 5702 of the Elementary and Secondary Education Act of 1965; and

(2)

includes an educational practice that effectively uses technology to strengthen a student’s learning experience within and outside of the classroom and at home, which may include the use of digital learning content, video, software, and other resources that may be developed, as the Secretary of Education may determine.

II

High-quality teachers, principals, and other school leaders

2001.

Transfer of certain provisions

The Act (20 U.S.C. 6301 et seq.) is amended—

(1)

by redesignating subpart 5 of part C of title II (20 U.S.C. 6731 et seq.) as subpart 3 of part F of title IX, as redesignated by section 9106(1), and moving that subpart to the end of part F of title IX;

(2)

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

(3)

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

(3)

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

;

(4)

by redesignating subpart 4 of part D of title II as subpart 4 of part F of title IX, as redesignated by section 9106(1), and moving that subpart to follow subpart 3 of part F of title IX, as redesignated and moved by paragraph (1);

(5)

by redesignating section 2441 as section 9551; and

(6)

by striking the subpart heading of subpart 4 of part F of title IX, as redesignated by paragraph (4), and inserting the following:

4

Internet safety

.

2002.

Preparing, training, and recruiting high-quality teachers, principals, and other school leaders

The Act (20 U.S.C. 6301 et seq.) is amended by striking title II (as amended by section 2001) and inserting the following:

II

Preparing, training, and recruiting high-quality teachers, principals, and other school leaders

2001.

Purpose

The purpose of this title is to improve student academic achievement by—

(1)

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

(2)

improving the quality and effectiveness of teachers, principals, and other school leaders;

(3)

increasing the number of teachers, principals, and other school leaders who are effective in improving student academic achievement in schools; and

(4)

ensuring that low-income and minority students are served by effective teachers, principals, and other school leaders and have access to a high-quality instructional program.

2002.

Definitions

In this title:

(1)

School leader residency program

The term school leader residency program means a school-based principal, school leader, or principal and school leader preparation program in which a prospective principal or school leader—

(A)

for 1 academic year, engages in sustained and rigorous clinical learning with substantial leadership responsibilities and an opportunity to practice and be evaluated in an authentic school setting; and

(B)

during that academic year—

(i)

participates in evidence-based coursework that is integrated with the clinical residency experience; and

(ii)

receives ongoing support from a mentor principal or school leader who is effective.

(2)

State

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

(3)

Teacher residency program

The term teacher residency program means a school-based teacher preparation program in which a prospective teacher—

(A)

for not less than 1 academic year, teaches alongside an effective teacher, as determined by a teacher evaluation system implemented under part A (if applicable), who is the teacher of record for the classroom;

(B)

receives concurrent instruction during the year described in subparagraph (A)—

(i)

through courses that may be taught by local educational agency personnel or by faculty of the teacher preparation program; and

(ii)

in the teaching of the content area in which the teacher will become certified or licensed; and

(C)

acquires effective teaching skills, as demonstrated through completion of a residency program, or other measure determined by the State, which may include a teacher performance assessment.

2003.

Authorization of appropriations

(a)

Grants to States and local educational agencies

For the purposes of carrying out part A (other than section 2105), there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021.

(b)

National activities

For the purposes of carrying out activities authorized under section 2105, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021.

(c)

Teacher and school leader incentive program

For the purposes of carrying out part B, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021.

(d)

American history and civics education

For the purposes of carrying out part C, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021.

(e)

Literacy education for all, results for the nation

For the purposes of carrying out part D, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021.

(f)

STEM instruction and student achievement

For the purposes of carrying out part E, th