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Higher Education and Skills Obtainment Act - Amends the Internal Revenue Code to replace the Hope Scholarship and Lifetime Learning tax credits with a tax credit for full and part-time post-secondary students equal to 100% of qualified tuition and related expenses up to $2,000, plus 25% of such expenses as exceeds $2,000 but not more than $4,000. Reduces the allowable amount of such credit to the extent that household income exceeds 400% of the federal poverty line. Repeals the tax deduction for qualified tuition and related expenses. Expresses the sense of Congress that any revenue saved by the enactment of this Act shall be applied to the currently projected Pell Grant funding shortfall in 2015 and to deficit reduction.

To amend the Internal Revenue Code of 1986 to consolidate the current education tax incentives into one credit against income tax for higher education expenses, and for other purposes. 1. Short title This Act may be cited as the Higher Education and Skills Obtainment Act 2. Consolidation of education tax incentives into higher education and skills obtainment credit (a) In General Section 25A 25A. Higher education and skills obtainment credit (a) Allowance of credit In the case of any eligible student for whom an election is in effect under this section for any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of— (1) 100 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to the eligible student during any academic period beginning in such taxable year) as does not exceed $2,000, plus (2) 25 percent of such expenses so paid as exceeds $2,000 but does not exceed $4,000. (b) Limitations (1) Credit allowed only for 4 taxable years The credit under subsection (a) shall not be allowed for a taxable year with respect to the qualified tuition and related expenses of an eligible student if the student has completed (before the beginning of such taxable year) 4 years of any combination of postsecondary education at an eligible educational institution and instruction described in subsection (c)(2)(B). (2) Limitation based on household income The amount which would (but for this paragraph) be taken into account under subsection (a) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so taken into account as the excess (if any) of— (A) the household income of the taxpayer for such taxable year over 400 percent of the poverty line, bears to (B) the amount equal to 500 percent of the poverty line minus the amount equal to 400 percent of the poverty line. (c) Definitions For purposes of this section— (1) Eligible student The term eligible student (A) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and (B) in the case of a student enrolled in a degree program, is carrying at least ½ the normal full-time work load for the course of study the student is pursuing. (2) Qualified tuition and related expenses The term qualified tuition and related expenses (A) for education during the taxable year with respect to the attendance at an eligible educational institution during any academic period beginning in such taxable year of— (i) the taxpayer, (ii) the taxpayer’s spouse, or (iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, and (B) for a course of instruction from an eligible provider to acquire or improve job skills of the individual during the taxable year (for education furnished during any academic period beginning in such taxable year). (3) Eligible educational institution The term eligible educational institution (A) which is described in section 481 of the Higher Education Act of 1965, as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and (B) which is eligible to participate in a program under title IV of the Higher Education Act of 1965. (4) Poverty line (A) In general The term poverty line (B) Poverty line used The poverty line used shall be the most recently published poverty line as of the 1st day of the regular enrollment period for coverage during such calendar year. (5) Eligible provider The term eligible provider 29 U.S.C. 2842(e)(3) (d) Special rules (1) Identification requirements No credit shall be allowed under subsection (a) to a taxpayer with respect to an eligible student unless the taxpayer includes on the return of tax for the taxable year— (A) the name and social security number of such student, and (B) the employer identification number, name, and address of any institution or eligible provider to which tuition, fees, and costs of course materials were paid with respect to such student. (2) Adjustment for certain scholarships The expenses otherwise taken into account under subsection (a) with respect to an individual for an academic period shall be reduced (before the application of subsections (a) and (b)) by the sum of any amounts paid for the benefit of such individual which are allocable to such period as— (A) a qualified scholarship which is excludable from gross income under section 117, (B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 (C) a Federal Pell Grant or a Federal supplemental educational opportunity grant under subparts 1 and 3, respectively, of part A of title IV of the Higher Education Act of 1965 (D) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for such student’s educational expenses, or attributable to such individual’s enrollment at an eligible educational institution, which is excludable from gross income under any law of the United States. (3) Treatment of expenses paid by dependent If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins— (A) no credit shall be allowed under subsection (a) to such individual for such individual’s taxable year, and (B) amounts paid by such individual during such individual’s taxable year shall be treated for purposes of this section as paid by such other taxpayer. (4) Treatment of certain prepayments If tuition, fees, or costs of course materials are paid by the taxpayer during a taxable year for an academic period which begins during the first 3 months following such taxable year, such academic period shall be treated for purposes of this section as beginning during such taxable year. (5) Denial of double benefit No credit shall be allowed under this section for any expense for which deduction is allowed under any other provision of this chapter. (6) No credit for married individuals filing separate returns If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer’s spouse file a joint return for the taxable year. (7) Nonresident aliens If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. (8) Supporting information No expense shall be taken into account under this section for a taxable year unless the taxpayer submits with the return of tax for the taxable year information supporting such expense. (e) Election not To have section apply A taxpayer may elect not to have this section apply with respect to the expenses of an individual for any taxable year. (f) Verification and confirmation of certain information In carrying out this section, the Secretary shall utilize information from the Secretary of Education to confirm and verify information relating to educational institutions and students, including the Integrated Postsecondary Education Data System and the National Student Loan Data System. (g) Regulations The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations providing for a recapture of the credit allowed under this section in cases where there is a refund in a subsequent taxable year of any expense which was taken into account in determining the amount of such credit. . (b) Repeal of deduction for qualified tuition and related expenses (1) In general Part VII of subchapter B of chapter 1 of such Code (relating to additional itemized deductions for individuals) is amended by striking section 222. (2) Clerical amendment The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222. (c) Information Returns (1) In general Section 6050S(e) of such Code is amended by striking subsection (g)(2) subsection (d)(2) (2) Attendance Paragraph (2) of section 6050S(b) of such Code is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: (C) the status of the individual for each academic period of the year for which payments are received as— (i) a full-time or part-time student, (ii) if a part-time student, whether the individual is at least half time, and (iii) whether the student is a graduate student. . (d) Omission of identification information and number of years credit is claimed treated as mathematical or clerical error Subparagraph (J) of section 6213(g)(2) of such Code is amended to read as follows: (J) in the case of information required under section 25A (relating to higher education obtainment credit)— (i) an omission of a correct social security number and employer identification number of any institution required to be included on a return under subsection (d)(1) of such section, and (ii) an entry on the return claiming the credit in violation of the limitation under subsection (b)(1) of such return, . (e) Conforming amendments (1) Section 62(a) of such Code is amended by striking paragraph (18). (2) Subparagraph (A) of section 86(b)(2) of such Code is amended by striking 222, (3) Subparagraph (B) of section 72(t)(7) of such Code is amended by striking section 25A(g)(2) section 25A(d)(2) (4) Subparagraph (A) of section 135(c)(4) of such Code is amended by striking 222, (5) Subparagraph (A) of section 137(b)(3) of such Code is amended by striking 222, (6) Subparagraph (A) of section 199(d)(2) of such Code is amended by striking 222, (7) Clause (ii) of section 219(g)(3)(A) of such Code is amended by striking 222, (8) Clause (i) of section 221(b)(2)(C) of such Code is amended by striking 222, (9) Clause (iii) of section 469(i)(3)(F) of such Code is amended by striking 221, and 222 and 221 (10) Subsection (d) of section 221 of such Code is amended— (A) by striking section 25A(g)(2) section 25A(d)(2) (B) by striking section 25A(f)(2) section 25A(c)(3) (11) Section 221(d)(3) of such Code is amended by striking section 25A(b)(3) section 25A(c)(3) (12) Subclause (I) of section 529(c)(3)(B)(v) of such Code is amended by striking section 25A(g)(2) 25A(d)(2) (13) Clause (i) of section 529(e)(3)(B) of such Code is amended by striking section 25A(b)(3) section 221(c)(3) (14) Subclause (I) of section 530(d)(2)(C)(i) of such Code is amended by striking section 25A(g)(2) section 25A(d)(2) (15) Clause (iii) of section 530(d)(4)(B) of such Code is amended by striking section 25A(g)(2) 25A(d)(2) (16) Section 1400O of such Code is amended by adding at the end the following flush sentence: For purposes of this section, any reference to section 25A shall be treated as a reference to such section as in effect on the day before the date of the enactment of this sentence. . (17) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25A and inserting the following: Sec. 25A. Higher education and skills obtainment credit. . (f) Sense of Congress It is the sense of Congress that any savings in revenues resulting from the enactment of this section shall be applied to the currently projected Pell Grant funding shortfall beginning in 2015 and to deficit reduction. (g) Effective date The amendments made by this section shall apply to expenses paid after December 31, 2013, for education furnished in academic periods beginning after such date.

Higher Education and Skills Obtainment Act

Directs the United States Postal Service (USPS) to issue and sell an Alzheimer's Disease Research Semipostal Stamp. Requires proceeds from the sale of the stamp to be transferred to the National Institutes of Health. Requires the stamp to be made available to the public for six years.

To provide for the issuance of an Alzheimer’s Disease Research Semipostal Stamp. 1. Alzheimer's Disease Research Semipostal Stamp (a) In general In order to afford a convenient way for members of the public to contribute to funding for medical research relating to Alzheimer's disease, the United States Postal Service shall issue a semipostal stamp (referred to in this Act as the Alzheimer's Disease Research Semipostal Stamp (b) Terms and conditions (1) In general The issuance and sale of the Alzheimer's Disease Research Semipostal Stamp shall be governed by the provisions of section 416 (2) Duration The Alzheimer's Disease Research Semipostal Stamp shall be made available to the public for a period of 6 years, beginning no later than 12 months after the date of the enactment of this Act. (3) Disposition of proceeds All amounts becoming available from the sale of the Alzheimer's Disease Research Semipostal Stamp (as determined under section 416(d) of such title 39) shall be transferred to the National Institutes of Health, for the purpose described in subsection (a), through payments which shall be made at least twice a year. (c) Definition For purposes of this Act, the term semipostal stamp

A bill to provide for the issuance of an Alzheimer's Disease Research Semipostal Stamp.

Requires the Inspector General of the Department of Defense (DOD), the Department of Homeland Security (DHS) with respect to the Coast Guard, or any of the military departments to investigate allegations of retaliatory personnel actions taken in response to making protected communications to such Inspector General regarding alleged instances of rape, sexual assault, or other forms of sexual misconduct in violation of the Uniform Code of Military Justice.

To amend title 10, United States Code, to require an Inspector General investigation of allegations of retaliatory personnel actions taken in response to making protected communications regarding sexual assault. 1. Inspector General investigation of allegations of retaliatory personnel actions taken in response to making protected communications regarding sexual assault Section 1034(c)(2)(A) sexual harassment or rape, sexual assault, or other sexual misconduct under sections 920 through 920c of this title (articles 120 through 120c of the Uniform Code of Military Justice), sexual harassment, or

A bill to amend title 10, United States Code, to require an Inspector General investigation of allegations of retaliatory personnel actions taken in response to making protected communications regarding sexual assault.

Strengthening America's Schools Act of 2013 - Revises and reauthorizes programs under the Elementary and Secondary Education Act of 1965 (ESEA). Title I: College and Career Readiness for All Students - Part A: Improving the Academic Achievement of the Disadvantaged - (Sec. 1111) Revises the school improvement program under part A of title I of the ESEA. Maintains the requirement conditioning a state's receipt of funds under part A on its developing and implementing academic content and achievement standards and assessments that are applicable to all public elementary and secondary schools and school students in the state. Requires states to adopt college and career ready academic: (1) content standards in reading or language arts and mathematics by the end of 2014, and (2) achievement standards in those disciplines by the beginning of the 2015-2016 school year. Requires college and career ready standards to be aligned with: (1) credit-bearing academic coursework at public institutions of higher education (IHEs) in the state, (2) relevant state career and technical education standards and the state performance measures identified in the state plan for career and technical education, and (3) appropriate career skills or state-developed standards that are voluntarily adopted by a significant number of states. Requires the achievement standards to establish the level of performance expected for each grade level that demonstrates that the student has mastered the material in the state academic content standards for that grade level. Requires states to adopt academic content and achievement standards in science by the end of 2014 that are aligned with the knowledge and skills needed to be college and career ready. Requires states to adopt, by the close of 2015, high-quality English language proficiency standards that: (1) identify at least four levels of English proficiency, and (2) are aligned with their academic content standards in reading or language arts so that students can be reliably measured in those disciplines. Requires English learners (currently referred to as limited English proficient students) to be tested against those proficiency standards on an annual basis. Allows states to adopt alternate academic achievement standards and assessments for students with the most significant cognitive disabilities. Requires the decision about which students should be measured against these standards to be made separately for each student in each subject assessed. Prohibits the number of students in a state who are being assessed in each grade level for each subject using the alternate assessment from exceeding 1% of the number of all students in that grade level in the state being assessed in that subject matter. Directs states that use school improvement funds to support early childhood education to establish, or certify the existence of, early learning guidelines for preschool-aged children and early grade standards for children in kindergarten through grade three by the close of 2015. Requires states, by the beginning of the 2015-2016 school year, to adopt and implement statewide assessments that measure student achievement against: (1) the reading or language arts and mathematics standards annually in grades 3 through 8 and at least once during grades 10 through 12; and (2) the science standards at least once in grades 3 through 5, 6 through 9, and 10 through 12; (3) the English language proficiency standards; and (4) any alternate academic achievement standards for students with the most significant cognitive disabilities. Requires the assessments in reading or language arts, mathematics, and science to: (1) measure whether each student is performing at the student's grade level, (2) determine the specific grade level at which each student is performing, and (3) measure each student's academic growth. Allows states to develop and administer computer adaptive assessments for those subjects. Allows the assessments in reading or language arts and mathematics to be administered through a single annual summative assessment or through multiple assessments during an academic year, provided the multiple assessments yield a summative score that reliably measures student academic growth. Requires states to reduce duplicative assessments. Requires each state receiving part A funds to prepare and disseminate an annual report card on the performance of each public elementary and secondary school in the state, each local educational agency (LEA) in the state, and the state as a whole. Requires the report cards to include: (1) specified student information in the aggregate and disaggregated and cross-tabulated by student subgroup, (2) class size information, (3) information on each school's categorization under the state accountability system, (4) school sports information, and (5) information on the number of students using early intervening services. Requires LEAs to issue report cards that contain specified student information disaggregated by student subgroup. Requires LEAs to provide parents with an equity report card for each school that includes: (1) student achievement data, disaggregated by student subgroup; (2) information on the school's funding by source; (3) for each high school, the graduation rate and the rate students enroll in college; (4) information on student participation in educational opportunities at the school; and (5) school climate information. (Sec. 1113) Alters the formula LEAs are to use to: (1) rank the poverty of school attendance areas if school improvement funds are insufficient to serve all areas, and (2) calculate the number of low-income students in secondary schools. Requires LEAs to reserve part A funds to serve homeless and foster care children. Allows reserved funds to be used to provide homeless children and youth with services not ordinarily provided to other children under part A. (Sec. 1114) Amends provisions concerning schoolwide programs (programs that allow LEAs to consolidate school improvement funds to upgrade the entire educational program of schools) to allow the delivery of those programs by external providers that have expertise in using scientifically valid strategies and programs to improve teaching, learning, and schools. Requires schoolwide programs to include reform strategies that provide: (1) a multi-tier system of supports and positive behavioral interventions and supports; and (2) programs, activities, courses, and professional development in the core academic subjects that are targeted toward assisting low-performing or at-risk children in meeting the academic content and achievement standards. (Sec. 1115) Allows targeted assistance programs (programs that direct school improvement funds toward the children in a school who are failing or most at risk of failing) to include: (1) a multi-tier system of supports and positive behavioral interventions and supports; and (2) support for programs, activities, courses, and professional development in the core academic subjects that are targeted toward assisting those children in meeting the academic content and achievement standards. (Sec. 1116) Eliminates the requirement that LEAs and their elementary and secondary schools make adequate yearly progress (AYP) toward state performance standards or be subject to specified improvements, corrective action, or restructuring. Requires, instead, that each state accountability system: establish annual performance targets for the state and its LEAs and elementary and secondary schools that include targets for student proficiency, academic growth, English language proficiency for English learners, and high school graduation rates; use the assessments and high school graduation rates to annually measure and report on the performance of the state's elementary and secondary schools and LEAs; and require the improvement, through supports and interventions that address student needs, of all of the state's public schools that are low-performing or have low-performing subgroups of poor, minority, disabled, and English learner students. Requires state accountability systems to include student performance in reading or language arts and mathematics. Allows states to include other subjects, such as science, for which they have adopted academic content and achievement standards. Requires LEAs to ensure that each school that, after two consecutive years, has not met state performance targets for the same student subgroup develops and implements a locally designed intervention to improve student achievement in that subgroup. Subjects schools to improvement strategies if they are identified as: (1) focus schools due to their having among the largest achievement or graduation gaps among student subgroups in the state; or (2) priority schools due to their status as the lowest achieving schools in the state, high schools with graduation rates below 60%, or focus schools for the six preceding consecutive years. Identifies a school as a focus school, beginning with the 2015-2016 school year, if it is not identified as a priority school and is in the 10% of all: (1) public schools in the state with the greatest achievement gaps among the subgroups of poor, minority, disabled, and English learner students; or (2) public high schools in the state with the greatest graduation rate gaps among those student subgroups. Requires each LEA that serves a focus school to develop and implement a measurable and data-driven correction plan to improve the performance of the school's low-achieving subgroups. Continues a focus school's characterization as a focus school for the three years following its designation as such, unless it meets all of its performance targets or the state determines, after the second year, that it will meet those targets by the end of the following year. Allows states to apply to the Secretary of Education (Secretary) for a waiver of the requirement to identify schools as focus schools if they determine that all of their schools that would be identified as such are performing at a satisfactory level. Identifies a school as a priority school, beginning with the 2015-2016 school year, if it: (1) is in the lowest-achieving 5% of elementary schools in the state, (2) is in the lowest-achieving 5% of secondary schools in the state, (3) is a public high school with a graduation rate of less than 60%, or (4) has been a focus school for the six preceding consecutive years. Allows states to apply to the Secretary for a waiver of the requirement to identify schools as priority schools due to their being within the lowest-achieving 5% of elementary or 5% of secondary schools if they determine that all of those schools are performing at a satisfactory level. Authorizes a state, state law permitting, to take over a school and act as its LEA if the school has been identified as a priority school for the initial three-year identification period and is then re-identified as a priority school for a subsequent three-year period. Requires LEAs receiving part A funds to conduct a data-driven needs analysis of each of their priority schools and use it to select and implement the most appropriate school improvement strategy to improve student performance at each school. Requires LEAs that are implementing any of the school improvement strategies to provide: (1) school staff with ongoing training and performance evaluations; (2) students with instruction and instructional supports that meet their individual needs; and (3) the school with assistance in implementing positive behavioral interventions and supports, other early intervening services, and school based mental-health programs. Identifies the school improvement strategies as: (1) the transformation strategy, (2) the turnaround strategy, (3) the whole school reform strategy, (4) the restart strategy, and (5) the school closure strategy. Includes as part of the transformation strategy: (1) replacing the principal, if the principal has served in that role at the school for more than two years, with a principal that has had more training, experience, or success; (2) requiring instructional and leadership personnel to reapply for their positions; (3) requiring hiring at the school to be done through mutual consent; and (4) implementing schedules and strategies that provide increased learning time. Includes as part of the turnaround strategy: (1) replacing the principal, if the principal has served in that role at the school for more than two years, with a principal that has had more training, experience, or success; (2) screening all teachers in the school and retaining not more than 65% of them; and (3) implementing schedules and strategies the provide increased learning time. Identifies the whole school reform strategy as one undertaken in partnership with an external provider offering a school reform program that is based on at least a moderate level of evidence that it will have a statistically significant effect on student outcomes. Includes as part of the restart strategy: (1) converting the school into a public charter, magnet, or innovative school; (2) allowing students of the former school to enroll in the new school; and (3) using a random lottery system to admit additional students if the new school has more applicants than it can accommodate. Requires LEAs implementing the school closure strategy to enroll students who attended the closed school in higher-performing schools that are within reasonable proximity to the closed school. Allows school improvement funds to be used to support the costs the higher-performing schools incur in meeting the needs of these new students. Allows states, with the Secretary's approval, to establish an alternative state-determined, evidence-based, school improvement strategy to be used by their LEAs, but prohibits funds under title I of the ESEA from being used for school vouchers. Continues a priority school's characterization as a priority school for the three years following its designation as such, unless, after the second year, it has met all of its performance targets or the state determines that it will meet those targets by the end of the following year. Requires LEAs to: (1) implement the restart or school closure strategy for schools that are re-classified as priority schools after their initial classification as such; and (2) allow students at priority schools to transfer to another public school that has not been identified as persistently low-achieving, unless that option is prohibited by state law. (Sec. 1117) Repeals the school support and recognition program (a program that requires states to establish a statewide system of intensive and sustained support and improvement for LEAs and schools to increase the opportunity for students to meet the state's academic content and student academic achievement standards). Requires teachers teaching a core academic subject in a program supported with school improvement funds to be highly qualified and certified to teach that subject area, but makes this requirement applicable only to new teachers if the state has fully implemented a professional growth and improvement system. Allows LEAs that are unable to provide a small, rural, or remote school with a highly-qualified, on-site, classroom teacher for a core academic subject to use distance education provided by a teacher highly qualified in the subject, but only if a teacher highly qualified in another subject is present in the classroom to assist students during the distance education. Excepts teachers of American Indian, Alaska Native, or Native Hawaiian language, culture, or history from the requirement that teachers be highly qualified. Allows states to require a local tribe or tribal organization to verify those teachers' competency. Prohibits a state from requiring a school or LEA to spend a specific amount of funds for professional development activities under part A. (Sec. 1118) Requires LEAs to conduct an annual survey of parents, family members, and school personnel and, on the basis of that survey, develop and implement an annual parent and family engagement plan to support the meaningful engagement of parents and other family members in children's education. Provides that each plan shall establish parent engagement goals for the LEA and its schools and annual quantifiable performance benchmarks for such goals. Requires LEAs to conduct an end-of-the-year survey of parents and school personnel and, on the basis of that survey and their progress in meeting their annual performance benchmarks, revise their parent and family engagement plan as needed. Directs LEAs to: (1) establish a parent advisory board to assist them in developing, revising, and reviewing their parent and family engagement plan; and (2) reserve at least 2% of their part A allocation to assist schools in carrying out activities pursuant to that plan. (Sec. 1120) Conditions an LEA's receipt of part A funds, beginning with the 2015-2016 school year, on the LEA showing its state that combined state and local per-pupil expenditures in each of its schools served under part A are not less than the average combined state and local per-pupil expenditures for each of its schools not served under that program. Requires an LEA that serves all of its schools under part A to show its state that the average combined state and local per-pupil expenditures for its high-poverty schools were not less than those expenditures for its low-poverty schools. Allows LEAs to meet these requirements on an LEA-wide or grade-span by grade-span basis. Requires LEAs to exclude from these calculations state and local funds expended in any school for capital expenditures or the excess costs of providing services to English learners or disabled children. Allows LEAs to satisfy comparability of education expenditure requirements by meeting expenditure requirements enacted by the state or LEA before this Act's enactment, provided those requirements provide the same or a higher standard of comparability than this Act's provisions. (Sec. 1121) Requires LEAs to engage in specified activities with Head Start agencies, special education providers, and, if feasible, other early childhood education providers to ease the transition of children into elementary education. (Sec. 1125) Replaces the school support and recognition program with a blue ribbon schools program that allows each state to annually identify the highest 5% of its schools as blue ribbon schools based on: (1) the percentage of their students who are meeting or exceeding state academic achievement standards in English or language arts and mathematics; (2) in the case of high schools, their graduation rates; (3) the performance of their student subgroups; (4) the percentage of their students who are meeting or exceeding state academic achievement standards or are achieving sufficient academic growth; and (5) school gains. Allows states to provide each blue ribbon school with: (1) increased autonomy over its budget, staffing, and time; (2) flexibility in using funds provided to the school under the ESEA for any purpose allowed under the ESEA; and (3) a monetary award, through its LEA, if it agrees to use the reward to improve student achievement and provide technical assistance to the lowest-achieving schools in the state that are closest geographically to it. Directs the Secretary, acting jointly with the Secretary of Health and Human Services (HHS), to designate exemplary early childhood education programs as centers of excellence in early childhood for a five-year term and award each of them a bonus grant to improve the quality of their program and others in their region. Requires eligible programs to have been nominated by their state Governor as centers of excellence and to serve children who are eligible to participate in the school lunch program. Requires the selection of at least one center of excellence in each state. Requires the centers of excellence to use at least 15% of their bonus grant to disseminate best practices for achieving early academic success to other early childhood education programs in their state and to use the remainder for at least two of the following activities: providing Head Start services to additional eligible young children; extending services to provide full-day, full-week, or full-year care to children; further coordinating early childhood education programs and services and social services in their community; providing instructional and support staff with professional development; developing or maintaining partnerships with institutions of higher education and nonprofit organizations that recruit, train, place, and support postsecondary students to serve as mentors and reading partners to preschool children in centers; carrying out other activities to improve the overall quality of their early childhood education programs; and sharing best practices concerning children's transition to elementary school. Authorizes the Secretary to identify and recognize exemplary schools, programs, and individuals, including through: (1) a Green Ribbon Schools program that recognizes excellence in reducing environmental impact, increasing health and wellness, and providing sustainability education; and (2) an award program recognizing excellence exhibited by classified school employees in the public school system. (Sec. 1126) Directs the Secretary to award grants to states to develop, improve, or administer their college and career ready academic standards and assessments. Directs the Secretary to award competitive grants to states to enhance such assessments by: (1) collaborating with IHEs or other entities, (2) using multiple measures of student achievement from multiple sources, (3) charting student progress over time, or (4) developing comprehensive assessment instruments. (Sec. 1127) Provides that a state is free from all federal requirements under part A if the state chooses to not receive funding under that part. Reauthorizes appropriations under part A of title I of the ESEA for FY2014-FY2018. Part B: Pathways to College - (Sec. 1201) Replaces part B (Student Reading Skills Improvement Grants) of title I with a new part B (Pathways to College). Establishes, under subpart 1 (Improving Secondary Schools) of part B, a program awarding competitive, matching, five-year grants to high-need LEAs that partner with IHEs, employers or industry-related organizations, and nonprofit organizations or qualified intermediaries to assist schools in implementing innovative and effective secondary school reform strategies. Requires grantees to use up to 25% of their grant funds to: implement an early warning indicator system to identify and assist struggling students in their high schools and feeder middle schools; provide support and credit recovery opportunities for struggling secondary school students; establish secondary school dropout recovery or reentry programs; establish grade and school transition programs and supports; and keep school staff, students, and families apprised of certain education requirements, processes, and opportunities. Requires grantees to use at least 75% of their grant funds on certain efforts to: (1) reform secondary schools that have a graduation rate below 75% and are identified as low-performing schools, but not priority schools; and (2) improve the academic performance of students who attend middle schools that feed a majority of their students to those secondary schools. Requires those secondary school reforms to include: personalized learning environments attuned to the needs of each student; student engagement through applied learning opportunities; flexible budget and staffing authority for school leaders; training and collaborative opportunities for school staff; improved curriculum and instruction; activities that strengthen the transition from high school to postsecondary education; and Graduation Promise Academies, Career Academies, dual enrollment programs, or Early College High Schools which represent specified strategies that have proven effective in preparing students for graduation, college, and a career. Establishes a program, under subpart 2 (Accelerated Learning) of part B, allotting grants to states, based on their share of low-income elementary and secondary school students, to cover part or all of the Advanced Placement (AP) or International Baccalaureate (IB) examination fee low-income students incur. Directs the Secretary to award competitive matching grants to states, high-need LEAs, or partnerships between a public or nonprofit organization and a state or high-need LEA for activities that increase: (1) the number of teachers at high-need schools who are qualified to teach AP or IB courses, and (2) the number of students at high-need schools who pass the examination for such courses. Gives priority, in awarding the competitive grants, to applicants that: (1) have a statewide or district-wide strategy for increasing the availability of AP or IB courses, and pre-AP or pre-IB courses, in high-need schools; (2) focus on increasing AP or IB courses in core academic subjects; and (3) target high-need schools. Authorizes appropriations under part B's Pathways to College program for FY2014-FY2018. Part C: Education of Migratory Children - (Sec. 1301) Amends part C (Education of Migratory Children) of title I, which provides grants to states for the education of migratory children. (Sec. 1303) Alters the formula for determining each state's grant by considering, in addition to other factors, the average number of migratory children residing in each state the preceding three years, rather than the number of migratory children who resided in each state the previous year. Requires the Secretary to develop and implement a procedure for monitoring the accuracy of estimates of the number of migratory children residing in each state. (Sec. 1304) Gives program priority to migratory children who have made a move within the year and are failing or at risk of failing or who have dropped out of school. (Sec. 1306) Requires migratory children to be given the opportunity to meet the same college and career readiness standards as other children. (Sec. 1308) Adds international coordination as an authorized use of the grants currently awarded to states, LEAs, IHEs, and other entities for improved intrastate and interstate coordination of migrant education. Allows the Secretary to provide technical assistance to states to support their efforts to meet the needs of migratory children. (Sec. 1309) Requires each state that receives a grant under part C to: (1) annually report to the Secretary and make public certain data regarding the academic achievement of migratory students, and (2) assist the Secretary in determining the number of migratory children in such state through such procedures as the Secretary may require. Requires the Secretary: (1) to evaluate the implementation and impact of the activities supported under part C, and (2) conduct a pilot study on the feasibility of using the National Assessment of Educational Progress for assessing and reporting on the academic achievement of migratory children in grades four and eight in reading and mathematics. Reauthorizes appropriations under part C of title I of the ESEA for FY2014-FY2018. Part D: Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk - (Sec. 1401) Amends part D (Prevention and Intervention Programs for Children and Youth Who are Neglected, Delinquent, or At-Risk) of title I. (Sec. 1402) Requires the Secretary to reserve 0.5% of the amount appropriated for part D in any fiscal year to provide assistance to the Secretary of the Interior to provide educational services for at-risk Indian children, including Indian youth in correctional facilities operated by the Secretary of the Interior or by an Indian tribe. (Sec. 1403) Requires states that desire grants under part D to establish: (1) procedures to ensure that students who have been placed in the juvenile justice system are promptly re-enrolled in secondary school or placed in re-entry programs that best meet their educational and social needs, (2) procedures for facilitating the transfer of credits that such students earned during placement, and (3) opportunities for those students to participate in higher education or career pathways. (Sec. 1404) Allows states to use grant funds for the cost of testing children and youth for a recognized equivalent of a secondary school diploma. (Sec. 1407) Requires the Secretary to evaluate the implementation and impact of the activities supported under part D. (Sec. 1411) Authorizes LEAs to use part D funds on programs for at-risk Indian children and youth in their area. (Sec. 1412) Requires correctional facilities that enter into an agreement with an LEA to provide services to children and youth under part D to: (1) work with the LEA and family members to develop an initial educational services and transition plan for children or youth upon their entry into the correctional facility, and (2) work with the LEA to facilitate the continued achievement of those children and youth upon their discharge from the correctional facility. (Sec. 1413) Requires correctional facilities or institutions for delinquent children and youth to annually report: (1) the number of children and youth they have released who returned or did not return to school, (2) the number who obtained a secondary school diploma or its recognized equivalent, and (3) the number who obtained employment. (Sec. 1414) Requires each state, LEA, and Indian tribe's evaluation of its part D program to assess the program's success in making children and youth college and career ready and able to graduate from high school in a timely manner. (Sec. 1414) Redefines "at-risk" children or youth as school-aged individuals who: (1) are at risk of academic failure; and (2) have a drug or alcohol problem, are pregnant or are parents, have come into contact with the juvenile justice system or have been determined to have been neglected in the past, are gang members, or have dropped out of school in the past. Reauthorizes appropriations under part D of title I of the ESEA for FY2014-FY2018. Part E: Educational Stability of Children in Foster Care - (Sec. 1501) Replaces part E (National Assessment of Subchapter I) of title I with a new part E (Educational Stability of Children in Foster Care). Requires states to develop and implement a plan to ensure that children who move to a new school attendance area due to being placed in foster care, changing their foster care placement, or leaving foster care: (1) enroll or remain in their school of origin and receive transportation to and from that school, unless it is determined to be in their best interest to attend a different school; (2) are immediately enrolled in a school once it is determined to be in their best interest to attend the school, even if they are unable to produce the records normally required for enrollment; and (3) have their school records maintained and available for immediate transfer to their new school. Gives a child who leaves foster care the right to remain in his or her school of origin only for the remainder of the school year. Requires states to ensure that foster children are able to: (1) preserve the credits or partial credits they earned at schools they previously attended, and (2) receive a secondary school diploma from one of the schools at which they were enrolled or through a state-issued secondary school diploma system. Requires LEAs and state educational agencies to each designate an individual to oversee implementation of their part E obligations and serve as a point of contact for the child welfare agencies responsible for foster children. Part F: General Provisions - (Sec. 1601) Eliminates parts F (Comprehensive School Reform), G (Advanced Placement Programs), and H (School Dropout Prevention) of title I of the ESEA. Title II: Supporting Teacher and Principal Excellence - (Sec. 2101) Replaces title II (Preparing, Training, and Recruiting High Quality Teachers and Principals) of the ESEA with a new title II (Supporting Teacher and Principal Excellence). Redesignates the Ready-to-Learn Television program (under subpart 3 of part D of title II) as the Ready-to-Learn program under part I of title IV of the ESEA. Redesignates subpart 5 (Teacher Liability Protection) of part C of title II as subpart 3 of part E of title IX (General Provisions) of the ESEA. Strikes parts A (Teacher and Principal Training and Recruiting Fund), B (Mathematics and Science Partnerships), C (Innovation for Teacher Quality), and D (Enhancing Education Through Technology) of title II. Establishes a new part A (Continuous Improvement and Support for Teachers and Principals) of title II. Directs the Secretary, under such program, to make formula grants to states and, through them, subgrants to LEAs to increase achievement for all students. Requires LEAs applying for a subgrant to assure their state that they will create, or improve, and implement a professional growth and improvement system by a date identified by the LEA and approved by the state educational agency that shall not be later than the 2015-2016 school year. Requires the LEAs to use their subgrant funds to address the achievement of students in focus schools, priority schools, and schools not meeting their performance targets through the development and provision of professional development to school staff. Allows LEAs to use subgrant funds to implement strategies that lead to increased student achievement for all students, including: developing, implementing, and improving induction or mentoring programs; improving the equitable distribution of teachers within school districts; developing and implementing professional growth and improvement systems; carrying out in-service training for school personnel to recognize troubled children and direct them to appropriate services; increasing the capacity of teachers to evaluate student work and use student achievement data; creating career ladders that enable high-quality teachers or paraprofessionals to advance or take on additional roles and responsibilities; recruiting, preparing, placing, supporting, developing, rewarding, and retaining high-quality teachers and principals in high-need schools and low-performing schools; and reducing class sizes from prekindergarten through grade three. Allocates part A grants to states and, through them, subgrants to LEAs pursuant to formulae that apportion: (1) 35% of the funding to states and 20% of the funding to LEAs based on their share of students aged 5 through 17 on the national and state level, respectively; and (2) 65% of the funding to states and 80% of the funding to LEAs based on their share of low-income students in that age group on the national and state level, respectively. Requires states to use 95% of their part A grant for subgrants to LEAs. Requires states to use 2% to 5% of their grant to: (1) improve the performance and distribution of high quality principals and, at their discretion, other school leaders; and (2) provide technical assistance to LEAs to support the design and implementation of professional growth and improvement systems. Directs the Secretary to: (1) continue research and development activities related to the education of gifted and talented students, (2) support a National Research Center on the Gifted and Talented that conducts research and serves as a national clearinghouse for best practices to improve the identification and education of such students, and (3) administer demonstration grants to programs that build and enhance the ability of elementary and secondary school personnel to support gifted and talented students. Establishes a principal recruitment and training grant program to award renewable, matching grants to states, LEAs or educational service agencies, nonprofit organizations, IHEs, and partnerships of those entities to recruit, prepare, place, and support principals in eligible schools. Defines "eligible schools" as high-need schools, priority schools, focus schools, schools with middle grades that feed students to high schools with low graduation rates, and rural schools served by high-need LEAs. Requires grantees to work with experts and stakeholders to develop, during the first year of a grant, a leadership training program for principals, mentors, and other school leaders that prepares and supports them in leading effective school reform efforts in priority schools. Makes grant renewal decisions dependent on the Secretary's evaluation of the extent to which the principals recruited, prepared, placed, or supported by the grantee have improved school-level student outcomes in eligible schools. Establishes a new part B (Teacher Pathways to the Classroom) of title II. Directs the Secretary to award renewable, matching grants to eligible entities to: recruit, select, prepare, place, retain, and support teachers for high-need schools and high-need subjects or fields; prepare all teachers to teach students with disabilities and English learners; prepare teachers in classroom management, instructional planning and delivery, learning theory and cognitive development, literacy development, and student assessment; provide school-based, clinical experience at a high-need school that includes the observation of, and feedback on, teacher candidates' teaching; and provide ongoing mentoring and support, which may include coursework, for participants for at least one school year. Defines an "eligible entity" as: (1) a partnership of at least one IHE or nonprofit organization and a high-need LEA and at least one other LEA or state educational agency, or (2) an IHE or nonprofit organization experienced in preparing successful teachers and placing them in high-need schools. Requires grantees to track the placement rate, retention rate, and performance in improving student achievement of teachers recruited and prepared by their programs. Permits the Secretary to renew a grant only if that data indicates that the teachers are successful in improving student achievement. Requires the Director of the Institute of Education Sciences to: (1) evaluate the implementation and impact of the part B program; (2) identify best practices for recruiting, selecting, preparing, placing, retaining, and supporting teachers in high-need subjects or fields for high-need schools; and (3) disseminate research on best practices. Establishes a new part C (Teacher Incentive Fund) of title II. Authorizes the Secretary to award competitive renewable grants to states, LEAs, and IHEs or nonprofit organizations that partner with states or LEAs to develop, implement, improve, or expand strategies to increase the number of highly-effective teachers and principals serving in high-need schools.Includes among the acceptable uses of grant funds: (1) paying bonuses and increased salaries to highly effective teachers or principals who work in high-need schools, (2) improving a professional growth and improvement system, (3) reforming the LEA's system of compensating teachers and principals, and (4) developing and implementing a human capital system. Directs the Secretary to give grant priority to applicants that concentrate their proposed activities: (1) on high-need schools designated as priority schools, or (2) in a state or LEA that has developed a professional growth and improvement system. Establishes a new part D of title II, entitled the Achievement Through Technology and Innovation Act of 2013 or the ATTAIN Act. Allots matching funds to states under part D on the basis of each state's share of funds under part A of title I of the ESEA. Requires states to use: (1) 10% of part D funds for specified mandatory activities that include developing college and career ready academic content and achievement standards in technological literacy and assessing and tracking student performance in acquiring technological literacy, and (2) 80% of the remainder for formula subgrants to LEAs to improve teaching and learning through technology and 20% for competitive subgrants to LEAs for systemic education transformation through technology integration. Requires LEAs to: (1) include a new or updated local long-range strategic educational technology plan in their applications, (2) use a specified percentage of each subgrant for teacher training, and (3) use each subgrant to acquire and apply technology to identify individual student learning needs and support personalized learning. Allows LEAs that receive funds for both programs to use all the funds for systemic school redesign through technology integration program activities. Prohibits the use of part D funds to pay for computers or Internet access for schools that do not receive discounted telecommunication rates under the universal service program, unless the school has in place and enforces an Internet safety policy that includes the operation of a technology protection measure that blocks visual depictions that are obscene, child pornography, or harmful to minors. Authorizes appropriations under title II of the ESEA for FY2014-FY2018. Title III: Language and Academic Content Instruction for English Learners and Immigrant Students - (Sec. 3001) Revises title III (Language Instruction for Limited English Proficient and Immigrant Students) of the ESEA and renames it (Language and Academic Content Instruction for English Learners and Immigrant Students). Changes the current references to "limited English proficient students" to "English learners." Amends part A (English Language Acquisition, Language Enhancement, and Academic Achievement Act), which provides funding to states and, through them, subgrants to LEAs to improve the education of English learners. Authorizes Indian tribes and educational entities that carry out programs in schools operated predominately for Native American children to use part A subgrants for Native American language immersion and restoration programs, which may be taught by traditional or tribal leaders. Requires states to establish a performance target for the percentage of English learners they serve who are making progress in achieving English proficiency not more that five years after being identified as English learners. Requires states that fail to meet their performance target for two consecutive years to develop an improvement plan to meet the target. Requires LEAs to: (1) enter into agreements with their state on local English proficiency performance targets, and (2) develop and implement an improvement plan to meet those targets if they fail to meet them for two consecutive years. Directs states to: (1) require an LEA that fails to meet its performance target for three consecutive years to develop and implement a plan to modify its curriculum, program, and method of instruction; and (2) manage an LEA's subgrant funds for the lesser of four years or until its performance target is reached, if the LEA misses its performance target for a fourth consecutive year. Requires states that fail to meet their performance targets for four consecutive years to: (1) modify their plan under part A and instructional methods, and (2) partner their low-performing LEAs with their high-performing LEAs that have met their local performance targets for the previous three years. Revises the professional development grant program for English language instructors to allow IHEs or nonprofit organizations, in consortia with states or LEAs, to use the grants to support: individuals that are completing baccalaureate and masters programs and to improve services and programs for English learners; research on promising instructional strategies or programs; strategies that promote school readiness for English learners; strategies that promote high school graduation for English learners; strategies that strengthen and increase family and community member engagement in education; the development of curricula that are appropriate to the needs of the participating consortium; and the dissemination of information, best practices, and technical assistance. Directs the Secretary to establish an independent commission on the assessment and advancement of English learners, comprised of experts capable of providing the Secretary with advice regarding the educational advancement and development of English learners and their inclusion in state assessment and accountability systems. Requires the Secretary to distribute English language acquisition technology innovation grants for the pursuit of breakthrough research and development in educational technology that benefits English learners. Eliminates the Improving Language Instruction Educational Programs under part B of title III. Authorizes appropriations under title III of the ESEA for FY2014-FY2018. Title IV: Supporting Successful, Well-Rounded Students - (Sec. 4101) Replaces title IV (21st Century Schools) of the ESEA with a new title IV (Supporting Successful, Well-Rounded Students). (Sec. 4102) Replaces part A (Safe and Drug-Free Schools and Communities) of title IV with a new part A (Improving Literacy Instruction and Student Achievement). Authorizes the Secretary, under subpart 1 (Improving Literacy Instruction) of part A, to award planning grants to states to complete comprehensive planning to carry out activities that improve literacy for children from birth through grade 12. Requires grantees to form or designate a state literacy leadership team, composed of individuals having certain literacy expertise, to guide the development and implementation of the comprehensive, statewide literacy plan. Directs the Secretary to award grants to states to implement their comprehensive literacy plans and to award competitive subgrants to: (1) LEAs and early childhood education providers that serve high-need children to support certain early literacy initiatives for children from birth through kindergarten entry; (2) LEAs that serve a high number or proportion of low-income children, children reading or writing below grade level, or priority schools to implement certain literacy initiatives for children in kindergarten through grade 12. Includes among the literacy initiatives: (1) the acquisition and implementation of literacy assessments, (2) efforts targeting students reading and writing below grade level, (3) professional development opportunities for educators, and (4) family literacy services. Requires state grantees to: (1) provide technical assistance to subgrantees, (2) work with the state literacy leadership team and IHEs to include evidence-based literacy methods in preservice courses for students preparing to teach children from birth through grade 12, (3) review and update state licensure or certification standards in literacy instruction, and (4) make information on promising child literacy improvement practices available to the public. Awards the implementation grants to states: (1) on a competitive basis if funds appropriated under subpart 1 of part A fall below $500 million; and (2) otherwise on the basis of each state's share of low-income children under age 18. Requires states to use at least: (1) 10% of the grant funds for state and local activities pertaining to children from birth through kindergarten entry, (2) 30% of the grant funds for state and local activities pertaining to children from kindergarten through grade 5, and (3) 30% of the grant funds for state and local activities pertaining to children from grades 6 through 12. Directs the Secretary to arrange for an independent five-year evaluation of the grant and subgrant programs assisted under subpart 1 and make its findings and the results of additional research on literacy instruction available to literacy providers. Establishes a new program under subpart 2 (Improving Literacy and College and Career Readiness Through Effective School Library Programs) of part A authorizing the Secretary to award competitive three-year grants to certain LEAs to develop and enhance effective school library programs. Makes LEAs or consortia of LEAs eligible for such grants only if: (1) at least 20% of their students are impoverished, or (2) their percentage of impoverished children is in the highest quartile among all LEAs in the state. Defines an "effective school library program" as one that: (1) is staffed by a state sanctioned school librarian; (2) has up-to-date materials and technology, including broadband; (3) includes regular collaboration between teachers and school librarians concerning school reform efforts; and (4) supports the development of digital literacy skills. Redesignates subpart 3 (Gun Possession) of part A of title IV as subpart 1 of a new part G (Miscellaneous Provisions) of title IX (General Provisions) of the ESEA. (Sec. 4103) Moves part B (21st Century Community Learning Centers) to a new part F of title IV of the ESEA. Creates a new part B (Improving Science, Technology, Engineering, and Mathematics Instruction and Student Achievement). Directs the Secretary, under subpart 1 (Improving STEM Instruction and Student Achievement) of part B, to allot formula grants to states and, through them, award competitive subgrants to high-need LEAs, educational service agencies serving such LEAs, or certain outside partners of those entities to improve preschool and elementary and secondary school science, technology, engineering, and mathematics (STEM) education. Defines those "outside partners" as nonprofit or community based organizations, businesses, IHEs, or educational service agencies that have expertise and a demonstrated record of success in improving STEM learning and engagement. Allots such grants to states pursuant to a formula that takes into account each state's share of elementary and secondary school students and each state's share of such students who are low-income students. Awards the grants to states on a competitive basis if this subpart's funding falls below $500 million. Authorizes the Secretary to award capacity-building grants to states to help them qualify for competitive grants. Requires the grants to be used to: (1) increase the access to STEM courses of students who belong to groups that are underrepresented in STEM fields, (2) implement evidence-based programs of instruction based on high-quality standards and assessments in the STEM subjects, (3) provide professional development and other support systems to STEM educators, and (4) provide technical assistance to subgrantees and other high-need schools and LEAs to improve students' STEM achievement and narrow achievement gaps. Requires the subgrants to be used for activities that include: (1) recruiting, supporting, evaluating, and training STEM teachers; (2) developing and improving high-quality STEM curricula and instructional supports to improve student achievement in those subjects; and (3) integrating STEM instruction with instruction in reading, English language arts, or other academic subjects. Directs states to require subgrantees to obtain a commitment from one or more outside partners to match, from nonfederal funds, at least 15% of the subgrant funds. Directs the Secretary to establish performance metrics and use those metrics to evaluate subpart 1 activities and identify best practices to improve STEM instruction. Directs the Secretary, under subpart 2 (STEM Master Teacher Corps Program) of part B, to award competitive matching grants to consortia of high-need LEAs or states, acting in partnership with IHEs or nonprofit organizations to establish a STEM Master Teacher Corps program. Requires grantees to: select exemplary elementary and secondary school STEM teachers for membership in the STEM Master Teacher Corps; provide those teachers with compensation that supplements their base salaries, with higher compensation going to those teaching at high-need public schools; provide, and track the effectiveness of, research-based training for Corps members; provide discretionary resources for Corps members at high-need schools to use; help coordinate instructional leadership and mentoring roles for Corps members; facilitate efforts by Corps members to inform STEM education policy at the national, state, and local levels; and help defray the costs associated with affording Corps members the time to fulfill their duties. Gives grant priority to applicants that intend to include: (1) large numbers of teachers in the STEM Master Teacher Corps; and (2) rural schools, particularly high-need rural schools, in the area they serve. Requires grantees to ensure that at least 75% of their STEM Master Teacher Corps are teachers at high-need schools. Authorizes the Secretary to award planning grants to such consortia to make plans to establish the STEM Master Teacher Corps program. Directs the Secretary to: (1) establish performance metrics to evaluate the program; (2) identify optimal strategies for designing and advancing the program; and (3) identify best practices for developing, supporting, and retaining STEM teachers based on lessons learned from the program. (Sec. 4104) Redesignates part C (Environmental Tobacco Smoke) of title IV as subpart 2 of the new part G of title IX. Establishes a new part C (Increasing Access to a Well-Rounded Education and Financial Literacy) of title IV. Directs the Secretary, under subpart 1 (Increasing Access to a Well-Rounded Education) of part C, to allot formula grants to states that enter into partnerships with nonprofit organizations, IHEs, LEAs, educational service agencies, or other states to increase the access of low-income students, English learners, and disabled students to high-quality instruction in the arts, civics and government, economics, environmental education, financial literacy, foreign languages, geography, health education, history, music, physical education, or social studies. Requires grantees to do this by: (1) improving the knowledge and skills of teachers through professional growth and improvement systems and other instructional supports; and/or (2) building local capacity to develop and implement high-quality curricula, instructional supports, and assessments in those subjects. Authorizes grantees to award competitive subgrants to high-need LEAs or educational service agencies to engage in such activities. Allots the grants to states pursuant to a formula that takes into account each state's share of elementary and secondary school students and each state's share of such students who are low-income students. Awards the grants on a competitive basis if this subpart's funding falls below $500 million. Directs the Secretary to: (1) establish performance metrics and use those metrics to evaluate subpart 1 activities, and (2) identify best practices to improve such instruction. Authorizes the Secretary, under subpart 2 (Financial Literacy Education) of part C (entitled the Financial Literacy for Students Act), to award matching grants to states to: (1) integrate financial literacy education into each of their public elementary and secondary schools that are eligible for school improvement funds under title I of the ESEA, and (2) train their secondary school financial literacy or entrepreneurship teachers to teach financial literacy in core academic subjects. Prohibits states from using over 20% of their grant funds to train those teachers, develop curricula, and evaluate the impact of financial literacy or personal finance education on students' understanding of financial literacy concepts. (Sec. 4105) Establishes a new part D (Successful, Safe, and Healthy Students) of title IV, under which the Secretary allots formula grants to states to: (1) develop, improve, and implement state reporting and information systems that measure conditions for learning, based on surveys of school students and staff; and (2) award competitive subgrants to LEAs or nonprofit organizations that use such measurement systems to make comprehensive improvements to school-level conditions for learning. Allots such grants to states pursuant to a formula that takes into account each state's share of school improvement funds under part A of title I of the ESEA. Awards the grants on a competitive basis if this part's funding falls below $500 million. Identifies conditions conducive to learning as those that: (1) promote physical activity, education, fitness, and nutrition; (2) promote mental health; (3) prevent violence, harassment, and substance abuse among students; and (4) promote safe and supportive schools and communities. Conditions a state's grant eligibility on its: (1) having a statewide physical education requirement that is consistent with widely recognized standards; and (2) requiring its LEAs to establish policies that prevent and prohibit harassment in schools, notify students, parents, and educational professionals of prohibited conduct each year, and provide students and parents with grievance procedures that target such conduct. Requires each state to ensure that of the aggregate subgrant funds they award under this program: (1) at least 20% are used for drug and violence prevention; (2) at least 20% are used to promote mental health; and (3) at least 20% are used to promote physical activity, education, fitness, and nutrition. Directs the Secretary to: (1) establish performance metrics and use those metrics to evaluate part D activities; and (2) provide technical assistance to program applicants, grantees, and subgrantees. Authorizes the Secretary to award grants to LEAs to fund certain actions they deem necessary to improve the learning environment at a school that has experienced a violent or traumatic crisis on campus. Requires LEAs to use such grants to: (1) acquire real property; (2) construct new facilities; or (3) renovate, repair, or alter existing facilities for an elementary and secondary school that has experienced such a crisis. Prohibits the grant from covering more than 50% of an LEA's cost in taking such actions. (Sec. 4106) Establishes a new part E of title IV, entitled the Student Non-Discrimination Act of 2013. Prohibits public school students from being excluded from participating in, or subject to discrimination under, any federally-assisted educational program on the basis of their actual or perceived sexual orientation or gender identity or that of their associates. Considers harassment to be a form of discrimination. Prohibits retaliation against anyone for opposing conduct made unlawful under this part. Authorizes federal departments and agencies to enforce these prohibitions by cutting off the educational assistance of recipients found to be violating them. Allows aggrieved individuals to assert a violation of this part in a judicial proceeding and recover reasonable attorney's fees should they prevail. Authorizes the Attorney General to institute a civil action in any appropriate U.S. district court for a violation of this Act. Deems an educational agency's or state's receipt of federal educational assistance for a program to constitute a waiver of sovereign immunity for conduct prohibited under this part regarding such program. (Sec. 4107) Revises the 21st Century Community Learning Centers program, which this Act moves from part B of title IV to a new part F of title IV of the ESEA. (Currently, that program awards formula grants to states and, through them, competitive subgrants to LEAs, community-based organizations, and other public or private entities to carry out a broad array of before- and after-school activities that advance student academic achievement.) Includes before- and after-school, summer learning, and expanded learning time activities in the program. Requires the subgrants to be awarded to partnerships composed of high-need LEAs and public entities or nonprofit organizations experienced in designing and implementing before-school, after-school, summer learning, or expanded learning time activities. Eliminates the requirement that the subgrants serve students who primarily attend schools that serve a high percentage of low-income students or schools eligible for participation in Schoolwide programs under part A of title I of the ESEA. (Schoolwide programs allow LEAs to consolidate school improvement funds to upgrade the entire educational program of schools that serve a high proportion of low-income families.) Requires, instead, that the subgrants serve students who primarily attend high-need schools and schools that are identified as focus or priority schools. Allows the subgrant to be provided for a period of up to three years and, if the subgrantee meets certain performance standards established by the state, renewed for an additional two-year period. Requires states to give priority to subgrant applications that: (1) are based on strong research evidence for improving student learning, (2) propose to serve the highest percentage of low-income students, (3) include specified partnership commitments, and (4) are submitted by entities that will provide matching funds. (Sec. 4108) Establishes a new part G of title IV, entitled the Promise Neighborhoods Act of 2013. Directs the Secretary, under new subpart 1 (Promise Neighborhood Partnership Grants), to award renewable, competitive, matching grants to nonprofit organizations to implement a comprehensive continuum of coordinated services and supports that engage community partners in improving the academic achievement, health and social development, and college and career readiness of children who live in distressed neighborhoods with schools identified as focus or priority schools. Directs the Secretary, under new subpart 2 (Promise School Grants), to award renewable, competitive, matching grants to high-need LEAs that partner with nonprofit organizations or IHEs, and to Indian schools that partner with nonprofit organizations or IHEs, to implement school-centered strategies and integrated student supports that leverage community partnerships to improve student achievement and development in schools with high concentrations of low-income children. Gives priority to applicants that propose to: (1) include significant investments in high-quality early learning programs, and (2) give schools the operational flexibility to carry out grant activities. Requires part G grantees to evaluate their programs continuously and improve them based on data and outcomes. Directs the Secretary to use certain performance metrics to determine the eligibility of part G grantees for continued funding and renewal of their grant. Directs the Secretary to evaluate this part's grant programs and disseminate research on best practices for improving the academic and developmental outcomes of children living in our most distressed communities. (Sec. 4109) Establishes a new part H (Parent and Family Information and Resource Centers) of title IV. Authorizes the Secretary to award competitive, matching, five-year grants to nonprofit organizations or consortia consisting of a nonprofit organization and a state or LEA to operate state parent and family information and resource centers. Requires those centers to: assist the state in identifying, implementing, and replicating effective parent, family, and community engagement strategies; provide technical assistance, training, information, and support regarding parent and family engagement to high-need schools, schools that are served by high-need LEAs, and early care and education providers that primarily serve low-income parents and families; and strengthen partnerships among parents, family members, community-based organizations, early care and education providers, schools, LEAs, employers, and other appropriate community members to improve student achievement and support positive child development. Requires grantees to: (1) be governed by a board of directors, at least 50% of which is composed of members who are community stakeholders or parents or family members of school-age children in the state, (2) use at least 60% of their grant funds to support parent and family engagement in high-need local educational areas, and (3) reserve at least 30% of their grant funds to support parent and family engagement of low-income parents and family members whose children attend early childhood education programs. Requires at least one grant to be awarded to an eligible entity in each state. Requires each grantee to establish annual performance goals for its centers. Terminates a grantee's funding if its center fails to meet those performance goals for two consecutive years. Prohibits: (1) any individual from being required to participate in any parent or family education program or any developmental screening program under part H, and (2) a program or center assisted under part H from infringing on a parent's right to direct his or her child's education. Transfers the Ready-to-Learn Television program, currently under subpart 3 of part D of title II, to a new part I (Ready-to-Learn) of title IV of the ESEA. (Sec. 4110) Transfers subpart 1 (Fund for the Improvement of Education) of part D of title V of the ESEA to a new part J (Programs of National Significance) of title IV of the ESEA. Requires part J funds to support nationally significant programs that help all children meet the college and career ready academic content and achievement standards required by this Act. Directs program grants to states or LEAs, IHEs, and other public and nonprofit entities. Allows nonprofit entities to use part J funds for: civic learning; a national principal and teacher certification process; a national corps of outstanding college graduates to teach in underserved communities; a national network of providers of effective professional development in writing instruction; certain efforts to encourage low-income children to read and caregivers to read to their children; programs to engage and support students who are recent immigrants or whose formal education has been interrupted and their families; researching and promoting the use of instructional technology and strategies to drastically accelerate language acquisition by English learners and assist them in accessing rigorous academic content; programs that encourage the disabled, children, youth, and educators to become involved in the performing and visual arts; efforts to enhance the ability of educators to meet the special educational needs of gifted and talented students in high-poverty schools; programs to engage and support students who experience homelessness or are at risk of homelessness and their families; the provision of social, emotional, and academic support to students from military families and their families; financial literacy education for low-income students; the promotion of gender equity in education; and other high-quality, nationally significant programs that improve elementary and secondary education. (Sec. 4111) Establishes a new part K (Competency-Based Assessment and Accountability Demonstration Authority) of title IV, which authorizes the Secretary to provide states with the authority to incorporate competency-based targets for student learning in their title I accountability systems. Authorizes the Secretary to provide states with that authority for a three-year period and renew that authority for additional two-year periods if they demonstrate student progress on state academic assessments and graduation rates. Limits the availability of this authority to three states or consortia of states during the initial three-years of the program. Defines "competency," for purposes of part K, as a target for student learning representing key content-specific concepts and higher order skills, such as critical thinking, problem solving, and self-directed learning, that is applied within or across content domains and is aligned with college and career ready standards. Directs the Secretary to disseminate best practices on the implementation of competency-based accountability systems. Authorizes appropriations under title IV of the ESEA for FY2014-FY2018. Title V: Promoting Innovation - (Sec. 5001) Replaces title V (Promoting Informed Parental Choice and Innovative Programs) of the ESEA with a new title V (Promoting Innovation). Part A: Race to the Top - (Sec. 5101) Creates a new part A (Race to the Top) of title V that awards grants to states and high-need LEAs to carry out one or more educational goals selected by the Secretary. Lists those goals as: increasing the access of low-income children to highly-rated teachers and school leaders; enhancing the availability and use of high-quality, timely data to improve education; implementing academic standards that prepare students to be college and career ready and strategies that translate those standards into classroom practice; turning around focus or priority schools; creating successful conditions for the creation, expansion, and replication of high-performing public charter schools and the creation of new, innovative, and highly autonomous public schools that will enroll a large percentage of students from low-income families; providing more equitable state and local resources to high-poverty schools; and improving school readiness by increasing the enrollment of low-income children in high-quality early childhood education programs and strengthening the coordination of those programs and services on the federal, state, and local level. Gives grant priority to: (1) high-need LEAs that serve schools in remote towns or rural areas; and (2) high-need LEAs and states that provide a full-day kindergarten program to all kindergarten students or all low-income kindergarten students, if the grant goal is to improve childhood education. Requires each grantee to: (1) have a comprehensive and coherent plan for achieving the goals selected by the Secretary; and (2) establish annual performance measures and targets, approved by the Secretary, to track its progress in implementing the plan and to determine its eligibility for continued grant funding. Requires each state grantee, other than those using the grant to improve childhood education, to use at least 50% of its grant for subgrants to LEAs that participate in its plan. Part B: Investing in Innovation - (Sec. 5201) Creates a new part B (Investing in Innovation) of title V. Allows the Secretary to reserve up to 30%, but no more than $100 million, of the funds appropriated each fiscal year for the Programs of National Significance, under part J of title IV of the ESEA, to carry out the activities of the Advanced Research Projects Agency-Education (ARPA-ED) (established by section 11021 of this Act) under the Department of Education Organization Act. Directs the Secretary to award renewable, competitive grants to LEAs, or to partnerships between nonprofit organizations or educational service agencies and LEAs or consortia of public schools, to support the school innovation efforts of public schools and LEAs. Requires at least 22% of the grant funds to be awarded for projects in rural areas. Gives priority to applicants that propose to address the needs of high-need LEAs, improve school readiness, or address the unique needs of students who are disabled or English learners. Requires each grant applicant to demonstrate that it has partnered with at least one public or private organization that will provide matching funds. Allows the Secretary to waive the matching funds requirement upon a showing of exceptional circumstances. Requires each grant to be used to carry out at least one of the following activities: improving the effectiveness of teachers and school leaders and increasing the equity in the distribution of effective teachers and leaders; strengthening the use of data to improve education; providing high-quality instruction that is based on college and career ready standards and measuring students' mastery of standards using high-quality assessments that are aligned to those standards; turning around the lowest-performing schools; improving the school readiness of students who are low-income students, English learners, or disabled; and any other area of school improvement the Secretary determines to be consistent with this part's purposes. Directs the Secretary to establish performance measures for part B programs and activities that, at a minimum, track each grantee's progress in improving outcomes for specified student subgroups served by the grantee. Requires grantees to use grant funds to develop or expand strategies to improve high-need students' showing on those performance measures. Part C: Magnet Schools Assistance - (Sec. 5301) Revises part C (Magnet Schools Assistance) of title V, which provides grants to LEAs to establish and operate magnet schools under a court-ordered desegregation plan or voluntary desegregation plan approved by the Secretary. (Sec. 5302) Requires such grants to be competitive grants. (Sec. 5304) Gives grant priority to applicants that: (1) have the highest quality applications or demonstrate the greatest need for assistance; (2) propose to carry out new magnet school programs or substantially revise or expand existing programs; (3) select, or propose to select, students solely or primarily by lottery; and (4) propose to serve the entire population of a school. (Sec. 5305) Adds as authorized uses of grant funds: (1) compensating highly-rated school teachers, leaders, and other instructional staff; (2) forming partnerships with public or nonprofit organizations to enhance a program or promote parent and family decision making and engagement; and (3) covering operational costs that cannot be met with state or local funds. (Sec. 5306) Allows a grant to be renewed for an additional two years (after the initial period of up to three years) if the Secretary finds that the grantee is improving student academic achievement and reducing minority group isolation. Part D: Public Charter Schools - (Sec. 5401) Replaces the existing Public Charter Schools program under part B of title V with a new Public Charter Schools program under part D of title V. Establishes under part D: (1) a subpart 1 (Successful Charter Schools Program), to which 85% of this part's funding is devoted; and (2) a subpart 2 (Charter School Facility Acquisition, Construction, and Renovation), to which 15% of this part's funding is devoted. Defines a "charter school" as a public school that: (1) is governed by a separate and independent board that exercises authority over at least one school; and (2) has significant autonomy in the areas of staffing, budget, schedule, and instructional programs. Directs the Secretary, under subpart 1, to award competitive grants to states, LEAs, charter school authorizers, or charter management organizations to award subgrants to developers to create, expand, or replicate high-performing charter schools. Defines "high-performing charter schools" as those that have for the student body and each specified student subgroup: (1) academic achievement and growth results that are significantly higher than the average results in demographically similar schools in the state; (2) student retention rates that are similar to or higher than the average rates in demographically similar schools in the state; and (3) for high schools, higher rates of graduation and student enrollment and persistence at IHEs than the average such rates in demographically similar schools in the state. Requires charter schools that are not yet open to have a written performance contract with a charter school authorizer that includes such goals. Directs the Secretary to award at least 25% of the grant funds to states and to give priority to states that: (1) do not prohibit or effectively inhibit increasing the number of high-performing charter schools in such state; (2) support at least two charter school authorizers, at least one of which is a statewide authorizer; and (3) ensure that charter schools are reauthorized or have their charter renewed at least once every five years. Sets the initial term of a grant at no more than three years, but allows the Secretary to renew a grant for an additional two years if the grantee is achieving grant objectives and performance targets. Permits the Secretary to waive certain statutory or regulatory requirements if the waiver is requested by a grant applicant and promotes the purpose of the grant program without affecting what is definitionally required of charter schools. Requires grantees to provide equitable access to, and effectively serve the needs of, all students, including disabled children and English learners. Gives grant priority to applicants, and subgrant priority to developers, that propose to create, expand, or replicate high-performing charter schools that enroll a large percentage of students from low-income families. Requires each grantee to establish performance measures and annual targets, approved by the Secretary, for the charter schools created, expanded, or replicated with funds under subpart 1. Authorizes the Secretary to reserve up to 5% of subpart 1 funding to carry out national research, development, data collection, technical assistance, outreach, and dissemination activities regarding charter schools. Directs the Secretary to use 65% of subpart 2 (Charter School Facility Acquisition, Construction, and Renovation) funds for competitive grants to states, LEAs, nonprofit organizations, and state financing authorities to demonstrate innovative credit enhancement methods that give high-performing charter schools access to private sector capital to acquire, construct, and renovate their facilities. (The current program awards all subpart 2 funds to public and private nonprofit entities to demonstrate innovative means of enhancing credit to finance the acquisition, construction, or renovation of charter schools.) Requires the Secretary to use the remainder of the subpart 2 funds to award competitive grants to: (1) those entities to improve access to facilities and facilities financing for high-performing charter schools through such methods as leveraging state and local facilities funds or implementing open-facilities-access programs; and (2) states to establish, enhance, and administer per-pupil facilities aid programs (which provide annual state funding to charter schools on a per-pupil basis) through federal payments that are scaled down after each year of assistance. Allows state grantees to partner with another entity or entities that cover up to 50% of the state's share of the per-pupil facilities aid program. Part E: Voluntary Public School Choice - (Sec. 5501) Revises subpart 3 (Voluntary Public School Choice Programs) of part B of title V and moves it to part E of title V. Directs the Secretary to award competitive grants to high-need LEAs that partner with other LEAs and states that partner with high-need LEAs to establish or expand inter- or intra-district public school choice programs that enable students attending focus or priority schools to attend high-quality public schools, including charter schools. Sets the initial term of a grant at no more than three years, but allows the Secretary to renew a grant for an additional two years if the grantee is achieving grant objectives. Gives priority to grant applicants that propose to establish or expand: (1) an inter-district choice program that serves a large percentage of students from low-income families, and (2) a program that will increase diversity. Requires grantees to: (1) disseminate timely and accurate information about their school choice program to the parents of students attending achievement gap or persistently low-achieving schools; (2) select students to participate in the program on the basis of a lottery, if more students apply to participate in the program than can be accommodated; and (3) establish performance measures and targets that are approved by the Secretary. Directs the Secretary to evaluate the implementation and impact of the activities supported under part E. Part F: College Information Demonstration Program - (Sec. 5601) Creates a new part F (College Information Demonstration Program) of title V that requires the Secretary to develop a packet of postsecondary education information that: (1) informs secondary school students about the net price of IHEs and available financial aid, and (2) gives them guidance on how to apply to IHEs and seek financial assistance. Requires the Secretary, to the extent possible, to customize that information based on students' geographical location and family income. Gives priority for demonstration program participation to high-need schools that have little or no access to postsecondary education counseling services. Directs the Secretary to evaluate, and report to Congress on, the effectiveness of the demonstration program in increasing the likelihood that students will apply to an IHE, apply for financial aid, enroll in an IHE, and receive financial aid. Authorizes appropriations under title V of the ESEA for FY2014-FY2018. Title VI: Promoting Flexibility; Rural Education - (Sec. 6101) Redesignates title VI (Flexibility and Accountability) of the ESEA as title VI (Promoting Flexibility; Rural Education). Replaces part A (Improving Academic Achievement) of title VI with a new part A (Transferability) that allows states to transfer up to 100% of the funds they are allotted for state-level activities by an ESEA formula grant to other state formula grant programs under the ESEA. Allows LEAs to transfer up to 100% of the funds they are allotted for local-level activities by an ESEA formula grant to other LEA formula grant programs under the ESEA. Allows rural LEAs to transfer up to 100% of the funds they are allotted for local-level activities by an ESEA formula grant to: (1) other LEA formula grant programs under the ESEA, or (2) carry out activities under formula grant programs for states. Prohibits states from transferring any funds that originate in titles I or III, and prohibits LEAs from transferring any funds that originate in title I, III, VII (part A), or VIII, out of each respective title. (Sec. 6102) Amends part B (Rural Education Initiatives) of title VI of the ESEA. Amends the small, rural school achievement (SRSA) program, under subpart 1 of part B, to strike LEA funding flexibility provisions that are superseded by those in part A of title VI. Increases the minimum and maximum amount of SRSA program funds a rural LEA may receive if appropriations under part B exceed a specified amount. Updates the locale codes used in determining LEA eligibility for SRSA program funds and funds under the Rural and Low-Income School (RLIS) program, under subpart 2 of part B, as rural LEAs. Allows LEAs to use RLIS program funds on local-level activities. Gives LEAs that qualify for funding under both the SRSA and RLIS programs the option to choose the program for which they would prefer to receive funding. Authorizes appropriations under title VI of the ESEA for FY2014-FY2018. Title VII: Indian, Native Hawaiian, and Alaska Native Education - Part A: Indian Education - Subpart 1: Formula Grants to Local Educational Agencies - (Sec. 7101) Amends title VII (Indian, Native Hawaiian, and Alaska Native Education) of the ESEA to restate the purposes of such title to include providing support to ensure the academic achievement of American Indian and Alaska Native students by meeting their unique cultural, language, and educational needs. (Sec. 7111) Amends subpart 1 (Formula Grants to Local Educational Agencies) of part A (Indian Education) of title VII to allow Indian tribes and Indian organizations to receive such grants if an eligible LEA fails to establish a committee of tribal representatives, Indian students and their family members, and teachers to participate in the development of an Indian education program. Allows Indian community-based organizations to apply for such grants if those entities do not. Allows eligible LEAs, Indian tribes, and Indian organizations to form consortia with other eligible LEAs, Indian tribes, and Indian organizations to apply for the formula grants and operate the grant programs. Increases the minimum amount of such grant. (Sec. 7115) Adds to the list of grant uses: (1) support for Native American language immersion and restoration programs, which may be taught by traditional leaders; (2) education to prevent violence, suicide, and substance abuse; (3) the incorporation of culturally and linguistically relevant curriculum content into classroom instruction that is responsive to the unique learning styles of Indian and Alaska Native children; and (4) dropout prevention strategies and strategies that meet the needs of at-risk Indian students in correctional facilities and those transitioning out of those facilities into schools. Prohibits the use of the grant funds for long-distance travel for training that is available locally or regionally. (Sec. 7116) Directs the Secretary, when reporting to Congress on demonstration projects that allow subpart 1 grantees to integrate education and related services to Indians, to identify those integrative practices that are best at improving academic outcomes for Indian and Alaska Native students. (Sec. 7117) Requires the Secretary to provide technical assistance, upon request, to grantees to support subpart 1 services and activities. Subpart 2: Special Programs and Projects to Improve Educational Opportunities for Indian Children and Youth - (Sec. 7121) Amends subpart 2 (Special Programs and Projects to Improve Educational Opportunities for Indian Children and Youth) of part A of title VII to revise the program awarding grants to states, LEAs, and Indian entities and schools for the improvement of educational opportunities for Indian children and youth. (Sec. 7122) Allows the Secretary to award such grants for up to three years and renew them for two additional years. (Currently, they may be awarded for up to five years but must be shown to be effective within one year to be continued.) Allows the use of program grants for high-quality early childhood education programs that are effective in preparing young children to achieve sufficient academic growth by the end of grade three. (Sec. 7123) Amends the program awarding grants to IHEs, states or LEAs in consortia with IHEs, and Indian entities and schools for the professional development of teachers and education professionals to require grant applicants to describe how they will: (1) recruit qualified Indians to become teachers and principals; (2) use the grant funds to support the recruitment, preparation, and training of Indian teachers or principals in LEAs that serve a high proportion of Indian students; and (3) assist program participants in meeting their service obligations. Allows the Secretary to award such grants for up to three years and renew them for two additional years. (Currently, they may be awarded for up to five years.) Subpart 3: National Activities - (Sec. 7131) Preserves the national research activities under subpart 3 (National Activities) of part A of title VII, but strikes: (1) the in-service training for teachers of Indian children program, (2) the fellowships for Indian students program, (3) the gifted and talented Indian students program, (4) the grants to tribes for education administrative planning and development program, and (5) the improvement of educational opportunities for adult Indians program. Establishes a new program requiring the Secretary to award grants to states, LEAs, and Indian entities for: (1) Native American language programs, and (2) Native American language restoration programs. Directs the Secretary to conduct a study to improve the collaboration between states and LEAs, other relevant state and local agencies, and Indian tribes in the provision of services to Indian students. Subpart 4: Federal Administration - (Sec. 7141) Directs the National Advisory Council on Indian Education to advise the Secretary and the Secretary of the Interior concerning the funding and administration of any program under their jurisdiction that includes as participants, or that may benefit, Indian children or adults. (Currently, the Council is only required to advise the Secretary.) Subpart 5: Definitions; Authorization of Appropriations - (Sec. 7151) Defines "traditional leaders" as Native Americans who have special expertise in Native American culture and languages. Requires their incorporation into activities that support the unique cultural and educational needs of Indian children under subparts 1 and 2. Authorizes appropriations under part A for FY2014-FY2018. Part B: Native Hawaiian Education; Alaska Native Education - (Sec. 7201) Places the Native Hawaiian Education program in a subpart 1 of part B of title VII. Moves the Alaska Native Education program from part C of title VII to a subpart 2 of part B of title VII. Subpart 1: Native Hawaiian Education - (Sec. 7202) Revises the Native Hawaiian Education program. (Sec. 7204) Requires the Native Hawaiian Education Council to be composed of 15 members who: (1) are from certain educational, governmental, Trust, and grant-making entities; and (2) demonstrate at least five years of experience as consumers or providers of Native Hawaiian education or cultural activities. Sets the term of the federal grant to the Council at five years. Directs the Council to: provide technical assistance to Native Hawaiian organizations that apply for or receive Native Hawaiian Education program grants; assess and define the educational needs of Native Hawaiians; assess the programs and services available to address those needs; gather information regarding, and evaluate the effectiveness of, the grant programs under subpart 1; provide direction and guidance to appropriate federal, state, and local agencies to improve the use of resources relating to Native Hawaiian student education; and hire an executive director to enable the Council to carry out these activities. Requires the Council to hold at least one community consultation each year on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai regarding subpart 1 grants and other Native Hawaiian education issues. Eliminates the requirement that the Council meet at least four times each year with an island council composed of parents, students, and other Native Hawaiian education stakeholders. (Sec. 7205) Includes charter schools as eligible recipients of Native Hawaiian Education program grants, in addition to Native Hawaiian education organizations, Native Hawaiian community-based organizations, and public and private nonprofit entities. Gives grant priority to programs that: (1) meet the educational priorities recommended by the Council; (2) meet the unique cultural and linguistic needs of Native Hawaiian students in order to help them meet the college and career ready state academic content and achievement standards; and (3) involve states, LEAs, or IHEs in partnerships or consortia. Includes workforce preparation and training for Native Hawaiian youth among the approved uses of grant funds. Requires the Secretary to use subpart 1 funds to support: the development of a body of Native Hawaiian law; the repair and renovation of public schools that serve high concentrations of Native Hawaiian students; informal education programs that present traditional Hawaiian knowledge, science, astronomy, and environmental education through state museums or learning centers; public charter schools serving high concentrations of Native Hawaiian students; and the perpetuation of, and expansion of access to, Hawaiian culture and history through digital archives. Authorizes appropriations under subpart 1 for FY2014-FY2018. Subpart 2: Alaska Native Education - (Sec. 7301) Revises the Alaska Native Educational Equity, Support, and Assistance Act under subpart 2 of part B. (The Act provides grants to Alaska Native organizations and educational, cultural, and community-based entities experienced in developing or operating Alaska Native programs.) Makes the following entities eligible for Alaska Native education grants only if they are partnered with an Alaska Native organization: (1) states, (2) LEAs, (3) educational entities with experience in developing or operating Alaska Native educational programs or instructional programs conducted in Alaska Native languages, and (4) cultural and community-based organizations with experience in developing or operating Alaska Native education programs. Requires grant recipients to: (1) develop and implement plans, methods, and strategies to improve the education of Alaska Natives; and (2) collect data to assist in the evaluation of Alaska Native education programs. Revises the list of activities for which Alaska Native Education grants may be used to: eliminate the designation of specific organizations to conduct the cultural education and exchange programs; include both students and teachers in that exchange program, which is designed to facilitate cultural relationships between urban and rural Alaskans; include education programs for at-risk urban Alaska Native students in kindergarten through grade 12 that are operated by tribes or tribal organizations; include statewide programs providing technical assistance and support to schools and communities to engage adults in promoting the education and well-being of Alaska Native people; and include regional leadership academies to promote Alaska Native students' efforts to pursue and successfully complete higher education or career training. Directs the Secretary to award the grants using a point system that gives at least 15% of the total points to applications from Alaska Native organizations. Requires those organizations to have a meaningful role in the development, implementation, and evaluation of the grant programs. Authorizes appropriations under subpart 2 for FY2014-FY2019. Title VIII: Impact Aid - (Sec. 8002) Amends title VIII (Impact Aid) of the ESEA to alter methods used and considerations made in determining whether LEAs are eligible for Impact Aid payments. (The Impact Aid program compensates LEAs for the financial burden of federal activities affecting their school districts.) Allows certain LEAs formed by the consolidation of two or more former school districts to have their eligibility for Impact Aid payments due to federal ownership of property within their jurisdiction determined on the basis of one or more of those former school districts if at least one of those school districts was eligible for such payments for the fiscal year preceding that consolidation. Allows the Secretary to use original records or other records that the Secretary determines to be appropriate and reliable to determine the assessed value of federal property within an LEA. (Sec. 8003) Alters the formula for determining the payments due LEAs for eligible federally-connected children. Includes in average daily attendance not only children but also those enrolled pursuant to a state open enrollment policy. Considers children who have a parent who is on active duty and who are residing in leased off-based property to be federally-connected children if that property is: (1) within the fenced security perimeter of the military facility; or (2) is attached to, and under any type of force protection agreement with, the military installation where the housing is situated. Alters requirements for LEAs to qualify for Impact Aid payments as heavily impacted LEAs, which are those that serve high percentages of military, Native American, or other federally-connected children. Continues a heavily impacted LEA's eligibility for such payments while activities associated with military base closures and realignments or force structure changes or relocations are ongoing. Allows the calculation of Impact Aid payments using current student counts instead of prior fiscal year data when LEAs experience a specified influx of new federally-connected students due to federal activities or the closure of an LEA that was receiving Impact Aid due to federally-connected children. (Sec. 8004) Provides Impact Aid construction payment eligibility to heavily impacted LEAs that are receiving basic support payments for federally-connected students but not the support payments available to heavily impacted LEAs. (Sec. 8007) Includes the Coast Guard in the definition of "Armed Forces" for purposes of the Impact Aid program. (Sec. 8009) Considers: (1) five specified Illinois school districts to be LEAs for purposes of the Impact Aid program, and (2) federally-connected students in such districts to be attending schools in North Chicago Community Unit School District 187 for the purpose of making that District eligible for Impact Aid. Conditions such treatment on the agreement of the five school districts to apportion such assistance equitably among all five of them and to use it only for direct educational services. (Sec. 8010) Amends the Impact Aid Improvement Act of 2012, under the National Defense Authorization Act for Fiscal Year 2013, to make permanent the amendments that Act made to the Impact Aid program that: require the valuation of the federal property located within the boundaries of an LEA by calculating the valuation, for property tax purposes, of all property within the LEA's boundaries and then multiplying that value by the proportion of that property that is federal property; alter the formula for determining the foundation payments due LEAs for federal ownership of property when appropriations for a fiscal year are insufficient to provide them with full compensation; alter the formula for determining the payments due LEAs for eligible federally-connected children who are displaced from federal property or Indian lands due to housing renovation or rebuilding; and direct the Secretary to complete Impact Aid payments to eligible LEAs within three fiscal years of their appropriation. Authorizes appropriations for the Impact Aid program for FY2014-FY2018. Title IX: General Provisions - (Sec. 9101) Amends title IX (General Provisions) of the ESEA to establish additional definitions for terms that are applicable throughout the ESEA. Defines an "advanced placement or international baccalaureate course" as: (1) postsecondary-level instruction provided to middle or secondary school students that terminates in an AP or IB examination; or (2) another highly-rigorous, evidence-based, postsecondary preparatory program terminating in an examination or courses that are widely accepted for credit at IHEs or another such examination approved by the Secretary. Defines "high-need LEAs" as LEAs: (1) that serve at least 10,000 children from families below the poverty line; (2) at least 20% of whose children are from from families with incomes below the poverty line; or (3) that are in the highest quartile of LEAs in the state, based on student poverty. Defines "high-need schools" as: (1) elementary or middle schools in which at least 50% of the enrolled students are children from low-income families; or (2) high schools in which at least 40% of the enrolled students are children from low-income families, which percentage may be calculated using comparable data from feeder schools. Renames "pupil services personnel" and "pupil services" as "specialized instructional support personnel" and "specialized instructional support services," respectively. Includes school nurses as specialized instructional support personnel. (Sec. 9102) Allows students who are threatened by, or the victim of, a criminal offense at their public school to attend a safe public school within the LEA's jurisdiction. (Currently, this unsafe school choice option is available only to students attending schools identified as persistently dangerous or those who become victims of a criminal offense at their public school.) (Sec. 9103) Requires the Secretary to ensure geographic diversity when awarding competitive grants under the ESEA. (Sec. 9104) Authorizes the Secretary to reserve for evaluation activities not less than 1% and not more than 3% of the amount appropriated to carry out each categorical program and demonstration project authorized by the ESEA, but requires the Secretary to reserve 1% of the funds appropriated to carry out title I for such activities. Title X: Commission on Effective Regulation and Assessment Systems for Public Schools - Commission on Effective Regulation and Assessment Systems for Public Schools Act - (Sec. 10013) Establishes, under a new title X of the ESEA, a Commission on Effective Regulation and Assessment Systems for Public Schools to: (1) examine federal, state, and local regulatory requirements for elementary and secondary education; (2) make recommendations on how to align and improve those regulations; (3) examine the quality and purpose of current federal, state, and local assessment requirements; and (4) make recommendations to improve and align assessment systems to provide meaningful information and improve student achievement, teacher performance, and innovation. Requires the Commission to be composed of specified governmental and educational occupations. Title XI: Amendments to Other Laws; Miscellaneous Provisions - Part A: Amendments to Other Laws - Subpart 1: Mckinney-Vento Homeless Assistance Act - McKinney-Vento Homeless Education Reauthorization Act of 2013 - (Sec. 11012) Amends the program under subtitle B (Education for Homeless Children and Youth) of the McKinney-Vento Homeless Assistance Act that awards grants to states and, through them, subgrants to LEAs for the education of homeless youth, including to: alter the formula used in determining the minimum allotment to each state; require each state to use at least 75% of its grant for subgrants to LEAs, even if it only receives its minimum allotment; focus on the identification of homeless youth; eliminate an exception to the prohibition on grant recipients segregating homeless youth in a separate school or program within a school that allowed certain separate schools already in existence to continue operating; require homeless youth to be given the opportunity to meet the same college and career ready achievement standards to which other students are held; ensure that homeless youth receive credit for full or partial coursework satisfactorily completed while attending prior schools or while attending a new school; require states and LEAs to provide homeless youth the same access to academic and extracurricular activities that is available to non-homeless students; require public preschool programs to identify and prioritize homeless children for enrollment and to comply with subtitle B requirements; require LEAs to consider student-centered factors before placing a homeless youth in a school; require schools to enroll homeless youth immediately despite unpaid fines or fees or missed application or enrollment deadlines; protect the privacy of information about a homeless youth's living situation; and require LEAs to coordinate services provided to homeless and disabled youth. Requires that, in addition to their existing duties, LEA liaisons for homeless children and youth ensure that: (1) homeless youth are certified as eligible for free meals under the school lunch and breakfast programs; (2) school personnel providing services to homeless youth receive professional development and other support; and (3) unaccompanied youth are enrolled in school, have opportunities to meet the same state academic standards to which other students are held, and are informed of their status as independent students for financial aid purposes. Directs the Secretary to award emergency disaster grants to LEAs and their states to increase the capacity of those LEAs to respond to major disasters that increase their enrollment of homeless youth. (This replaces a program providing emergency assistance to states and, through them, LEAs to provide services to youth and their families who have become homeless due to foreclosure.) Allows LEAs to use subgrants to defray the costs of the LEA liaisons for homeless children and youth. Directs the Secretary to establish or designate a Federal Office of the Coordinator for Education of Homeless Children and Youths to carry out subtitle B responsibilities. Includes in the Secretary's duties under the program: (1) the provision of support and technical assistance to states in areas in which barriers to a free appropriate public education persist, and (2) the public dissemination of information regarding the academic progress being made by homeless children and youth. Reauthorizes appropriations for the Education for Homeless Children and Youth program through FY2020. Subpart 2: Advanced Research Projects Agency-Education - (Sec. 11021) Amends the Department of Education Organization Act to establish in the Department of Education an Advanced Research Projects Agency-Education (ARPA-ED). Requires the ARPA-ED to pursue breakthrough research and development in educational technology and provide for its effective use by: identifying and promoting revolutionary advances in fundamental and applied sciences and engineering that could be translated into new learning technologies; developing such technologies and facilitating their effective use; developing, testing, and evaluating the impact and efficacy of those technologies; accelerating transformational technological advances in areas in which the private sector, by itself, is unlikely to do so; coordinating activities with nongovernmental entities to demonstrate technologies and research applications to facilitate technology transfer; and encouraging educational research using new technologies and the data produced by those technologies. Authorizes the Secretary to award grants, contracts, cooperative agreements, and cash prizes and to enter into other transactions in pursuit of these objectives. Allows the Secretary to reserve up to 30%, but no more than $100 million, of the funds appropriated each fiscal year for the Programs of National Significance, under part I of title IV of the ESEA, to carry out ARPA-ED activities. Part B: Miscellaneous Provisions - (Sec. 11211) Makes technical and conforming amendments to other Acts.  

To amend the Elementary and Secondary Education Act of 1965, and for other purposes. 1. Short title This Act may be cited as the Strengthening America's Schools Act of 2013 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Transition. Sec. 5. Effective dates. Sec. 6. Table of contents of the Elementary and Secondary Education Act of 1965. Sec. 7. Authorization of appropriations. TITLE I—College and career readiness for all students Sec. 1001. Purpose. Sec. 1002. State reservations. Part A—Improving the academic achievement of the disadvantaged Sec. 1111. State and local requirements. Sec. 1112. Local educational agency plans. Sec. 1113. Eligible school attendance areas. Sec. 1114. Schoolwide programs. Sec. 1115. Targeted assistance schools. Sec. 1116. School performance. Sec. 1117. Qualifications for teachers and paraprofessionals. Sec. 1118. Parent and family engagement. Sec. 1119. Technical correction regarding complaint process for section 1119. Sec. 1120. Comparability of services. Sec. 1121. Coordination requirements. Sec. 1122. Grants for the outlying areas and the Secretary of the Interior. Sec. 1123. Allocations to States. Sec. 1124. Education finance incentive grant program. Sec. 1125. Blue ribbon schools; centers for excellence in early childhood. Sec. 1126. Grants for State assessments and related activities. Part B—Pathways to college Sec. 1201. Improving secondary schools. Part C—Education of migratory children Sec. 1301. Program purpose. Sec. 1302. Program authorized. Sec. 1303. State allocations. Sec. 1304. State applications; services. Sec. 1305. Secretarial approval; peer review. Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities. Sec. 1307. Bypass. Sec. 1308. National activities. Sec. 1309. Performance data; evaluations and study; State assistance. Sec. 1310. Definitions. Part D—Prevention and intervention programs for children and youth who are neglected, delinquent, or at-Risk Sec. 1401. Purpose and program authorization. Sec. 1402. Allocation of funds. Sec. 1403. State plan and State agency applications. Sec. 1404. Use of funds. Sec. 1405. Institution-wide projects. Sec. 1406. Transition services. Sec. 1407. Program evaluation. Sec. 1408. Purpose of local agency programs. Sec. 1409. Programs operated by local educational agencies. Sec. 1410. Local educational agency applications. Sec. 1411. Uses of funds. Sec. 1412. Program requirements for correctional facilities receiving funds under this section. Sec. 1413. Accountability. Sec. 1414. Program evaluations. Sec. 1415. Definitions. Part E—Educational stability of children in foster care Sec. 1501. Educational stability of children in foster care. Part F—General provisions Sec. 1601. Reorganization. TITLE II—Supporting teacher and principal excellence Sec. 2101. Supporting teacher and principal excellence. TITLE III—Language and academic content instruction for English learners and immigrant students Sec. 3001. Language and academic content instruction for English learners and immigrant students. TITLE IV—Supporting successful, well-rounded students Sec. 4101. Redesignations. Sec. 4102. Improving literacy instruction and student achievement. Sec. 4103. Improving science, technology, engineering, and math instruction and student achievement. Sec. 4104. Increasing access to a well-rounded education. Sec. 4105. Successful, safe, and healthy students. Sec. 4106. Student non-discrimination. Sec. 4107. 21st Century Community Learning Centers. Sec. 4108. Promise neighborhoods. Sec. 4109. Parent and family information and resource centers. Sec. 4110. Programs of national significance. Sec. 4111. Competency-based assessment and accountability demonstration authority. TITLE V—Promoting innovation Sec. 5001. Promoting innovation. Part A—Race to the Top Sec. 5101. Race to the Top. Part B—Investing in innovation Sec. 5201. Investing in innovation. Part C—Magnet schools assistance Sec. 5301. Findings and purpose. Sec. 5302. Program authorized. Sec. 5303. Applications and requirements. Sec. 5304. Priority. Sec. 5305. Use of funds. Sec. 5306. Limitations. Sec. 5307. Evaluations. Sec. 5308. Availability of funds for grants to agencies not previously assisted. Part D—Public charter schools Sec. 5401. Public charter schools. Part E—Voluntary public school choice Sec. 5501. Voluntary public school choice. TITLE VI—Promoting flexibility; rural education Sec. 6101. Promoting flexibility. Sec. 6102. Rural education. Sec. 6103. General provisions. TITLE VII—Indian, Native Hawaiian, and Alaska Native education Part A—Indian education Sec. 7101. Purpose. SUBPART 1—Formula grants to local educational agencies Sec. 7111. Formula grant purpose. Sec. 7112. Grants to local educational agencies, tribes, and Indian organizations. Sec. 7113. Amount of grants. Sec. 7114. Applications. Sec. 7115. Authorized services and activities. Sec. 7116. Integration of services authorized. Sec. 7117. Student eligibility forms. SUBPART 2—Special programs and projects to improve educational opportunities for Indian children and youth Sec. 7121. Special programs and projects to improve educational opportunities for Indian children and youth. Sec. 7122. Improvement of educational opportunities for Indian children and youth. Sec. 7123. Professional development for teachers and education professionals. SUBPART 3—National activities Sec. 7131. National activities. Sec. 7132. Grants to tribes for education administrative planning and development. SUBPART 4—Federal Administration Sec. 7141. National Advisory Council on Indian Education. SUBPART 5—Definitions; authorization of appropriations Sec. 7151. Definitions; authorization of appropriations. Part B—Native Hawaiian education; Alaska Native education Sec. 7201. Native Hawaiian education and Alaska Native education. SUBPART 1—Native Hawaiian education Sec. 7202. Findings. Sec. 7203. Purposes. Sec. 7204. Native Hawaiian Education Council. Sec. 7205. Program authorized. Sec. 7206. Administrative provisions. Sec. 7207. Definitions. SUBPART 2—Alaska Native Education Sec. 7301. Alaska Native education. TITLE VIII—Impact aid Sec. 8001. Purpose. Sec. 8002. Payments relating to Federal acquisition of real property. Sec. 8003. Payments for eligible federally connected children. Sec. 8004. Construction. Sec. 8005. Facilities. Sec. 8006. Federal administration. Sec. 8007. Definitions. Sec. 8008. Conforming amendment. Sec. 8009. Eligibility for impact aid payment. Sec. 8010. Repeal of sunset under the NDAA amendments to Impact Aid. TITLE IX—General provisions Sec. 9101. Definitions. Sec. 9102. Unsafe school choice option. Sec. 9103. Evaluation authority. Sec. 9104. Conforming amendments. TITLE X—Commission on Effective Regulation and Assessment Systems for Public Schools Sec. 10011. Short title. Sec. 10012. Definitions. Sec. 10013. Establishment of Commission on Effective Regulation and Assessment Systems for Public Schools. Sec. 10014. Powers of the Commission. Sec. 10015. Duties of the Commission. Sec. 10016. Commission personnel matters. TITLE XI—Amendments to other laws; miscellaneous provisions Part A—Amendments to other laws SUBPART 1—McKinney-Vento Homeless Assistance Act Sec. 11011. Short title. Sec. 11012. Education for homeless children and youth. SUBPART 2—Advanced Research Projects Agency-Education Sec. 11021. Advanced Research Projects Agency-Education. Part B—Miscellaneous provisions Sec. 11211. Technical and conforming amendments. 3. References Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. 4. Transition (a) Multi-Year awards Except as otherwise provided in this Act, the recipient of a multi-year award under the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act, shall continue to receive funds in accordance with the terms of that award, except that no additional funds may be awarded after September 30, 2014. In the case of a State that received a flexibility waiver from the Secretary of Education under the authority of section 9401 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7861 (b) Planning and transition Notwithstanding any other provision of law, a recipient of funds under the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act, may use funds available to the recipient under that predecessor authority to carry out necessary and reasonable planning and transition activities in order to ensure an orderly implementation of programs authorized by this Act, and the amendments made by this Act. (c) Orderly Transition The Secretary shall take such steps as are necessary to provide for the orderly transition to, and implementation of, programs authorized by this Act, and by the amendments made by this Act, from programs authorized by the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act except in such cases where this Act requires specific transition steps to take place. 5. Effective dates (a) In general Except as otherwise provided in this Act, this Act, and the amendments made by this Act, shall be effective upon the date of enactment of this Act. (b) Noncompetitive programs With respect to noncompetitive programs under which any funds are allotted by the Secretary of Education to recipients on the basis of a formula, this Act, and the amendments made by this Act, shall take effect on July 1, 2013. (c) Competitive programs With respect to programs that are conducted by the Secretary on a competitive basis, this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under those programs for fiscal year 2014. (d) Impact Aid With respect to title VIII (Impact Aid), this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under that title for fiscal year 2014. 6. Table of contents of the Elementary and Secondary Education Act of 1965 Section 2 is amended to read as follows: 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Authorization of appropriations. TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED Sec. 1001. Purpose. Sec. 1002. State administration and State accountability and support. Part A—Improving Basic Programs Operated by Local Educational Agencies Subpart 1—Basic Program Requirements Sec. 1111. State and local requirements. Sec. 1112. Local educational agency plans. Sec. 1113. Eligible school attendance areas. Sec. 1114. Schoolwide programs. Sec. 1115. Targeted assistance schools. Sec. 1116. School performance. Sec. 1117. Qualifications for teachers and paraprofessionals. Sec. 1118. Parent and family engagement. Sec. 1119. Participation of children enrolled in private schools. Sec. 1120. Fiscal requirements. Sec. 1120A. Coordination requirements. Subpart 2—Allocations Sec. 1121. Grants for the outlying areas and the Secretary of the Interior. Sec. 1122. Allocations to States. Sec. 1124. Basic grants to local educational agencies. Sec. 1124A. Concentration grants to local educational agencies. Sec. 1125. Targeted grants to local educational agencies. Sec. 1125AA. Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 2001. Sec. 1125A. Education finance incentive grant program. Sec. 1126. Special allocation procedures. Subpart 3—Blue ribbon schools; centers of excellence in early childhood; green ribbon schools. Sec. 1131. Blue ribbon schools. Sec. 1132. Centers of excellence in early childhood. Sec. 1133. Green ribbon schools. Subpart 4—Grants for State assessments and related activities. Sec. 1141. Grants for State assessments and related activities. Part B—Pathways to college Subpart 1—Improving Secondary Schools Sec. 1201. Secondary school reform. Subpart 2—Accelerated Learning Sec. 1221. Purposes. Sec. 1222. Funding distribution rule. Sec. 1223. Advanced Placement and International Baccalaureate examination fee program. Sec. 1224. Advanced Placement and International Baccalaureate incentive program grants. Sec. 1225. Supplement, not supplant. Sec. 1226. Definitions. Part C—Education of Migratory Children Sec. 1301. Program purpose. Sec. 1302. Program authorized. Sec. 1303. State allocations. Sec. 1304. State applications; services. Sec. 1305. Secretarial approval; peer review. Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities. Sec. 1307. Bypass. Sec. 1308. National activities. Sec. 1309. Performance data. Sec. 1310. Evaluation and study. Sec. 1311. State assistance in determining number of migratory children. Sec. 1312. Definitions. Part D—Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk Sec. 1401. Purpose and program authorization. Sec. 1402. Payments for programs under this part. Subpart 1—State Agency Programs Sec. 1411. Eligibility. Sec. 1412. Allocation of funds. Sec. 1413. State reallocation of funds. Sec. 1414. State plan and State agency applications. Sec. 1415. Use of funds. Sec. 1416. Institution-wide projects. Sec. 1417. Three-year programs or projects. Sec. 1418. Transition services. Sec. 1419. Program evaluation. Subpart 2—Local Agency Programs Sec. 1421. Purpose. Sec. 1422. Programs operated by local educational agencies. Sec. 1423. Local educational agency applications. Sec. 1424. Uses of funds. Sec. 1425. Program requirements for correctional facilities receiving funds under this section. Sec. 1426. Accountability. Subpart 3—General Provisions Sec. 1431. Program evaluations. Sec. 1432. Definitions. Part E—Educational stability of children in foster care Sec. 1501. Educational stability of children in foster care. Sec. 1502. Definitions. Part F—General Provisions Sec. 1601. Federal regulations. Sec. 1602. Agreements and records. Sec. 1603. State administration. Sec. 1604. Local educational agency spending audits. Sec. 1605. Prohibition against Federal mandates, direction, or control. Sec. 1606. Rule of construction on equalized spending. Sec. 1607. State report on dropout data. Sec. 1608. Regulations for sections 1111 and 1116. TITLE II—SUPPORTING TEACHER AND PRINCIPAL EXCELLENCE Part A—Continuous Improvement and Support for Teachers and Principals Sec. 2101. Purpose. Sec. 2102. Definitions. Subpart 1—Grants to States Sec. 2111. Allotments to States. Sec. 2112. State applications. Sec. 2113. State use of funds. Subpart 2—Subgrants to Local Educational Agencies Sec. 2121. Allocations to local educational agencies. Sec. 2122. Local applications and needs assessment. Sec. 2123. Local use of funds. Subpart 3—National leadership activities Sec. 2131. National leadership activities. Sec. 2132. Gifted and talented students. Subpart 4—Accountability Sec. 2141. Accountability. Subpart 5—Principal Recruitment and Training Sec. 2151. Principal recruitment and training grant program. Part B—Teacher Pathways to the Classroom Sec. 2201. Teacher Pathways. Part C—Teacher Incentive Fund Program Sec. 2301. Purposes; definitions. Sec. 2302. Teacher incentive fund grants. Part D—Achievement through Technology and Innovation Sec. 2401. Short title. Sec. 2402. Purposes and goals. Sec. 2403. Definitions. Sec. 2404. Allocation of funds; limitation. Sec. 2405. E-rate restriction. Sec. 2406. Rule of construction regarding purchasing. Subpart 1—State and Local Grants Sec. 2411. Allotment and reallotment. Sec. 2412. Use of allotment by State. Sec. 2413. State applications. Sec. 2414. State activities. Sec. 2415. Local applications. Sec. 2416. Local activities. Sec. 2417. Reporting. Subpart 2—Internet Safety Sec. 2421. Internet safety. TITLE III—LANGUAGE AND ACADEMIC CONTENT INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS Part A—English Language Acquisition, Language Enhancement, and Academic Achievement Act Sec. 3101. Short title. Sec. 3102. Purposes. Subpart 1—Grants and Subgrants for English Language Acquisition and Language Enhancement Sec. 3111. Formula grants to States. Sec. 3112. Native American and Alaska Native children in school. Sec. 3113. State educational agency plans. Sec. 3114. Within-State allocations. Sec. 3115. Subgrants to eligible entities. Sec. 3116. Local plans. Subpart 2—Accountability and Administration Sec. 3121. Local evaluation and accountability. Sec. 3122. State accountability. Sec. 3123. Reporting requirements. Sec. 3124. Coordination with related programs. Sec. 3125. Rules of construction. Sec. 3126. Legal authority under State law. Sec. 3127. Civil rights. Sec. 3128. Programs for Native Americans and Puerto Rico. Sec. 3129. Prohibition. Subpart 3—National Activities Sec. 3131. Professional development grants. Sec. 3132. Commission on Assessment of English Learners. Sec. 3133. English language acquisition technology innovation grants. Part B—General Provisions Sec. 3201. Definitions. Sec. 3202. Parental notification. Sec. 3203. National Clearinghouse. Sec. 3204. Regulations. TITLE IV—SUPPORTING SUCCESSFUL, WELL-ROUNDED STUDENTS Part A—Improving literacy instruction and student achievement Subpart 1—Improving literacy instruction Sec. 4101. Short title. Sec. 4102. Purposes. Sec. 4103. Definitions. Sec. 4104. Program authorized. Sec. 4105. State planning grants. Sec. 4106. State implementation grants. Sec. 4107. State activities. Sec. 4108. Subgrants to eligible entities in support of birth through kindergarten entry literacy. Sec. 4109. Subgrants to eligible entities in support of kindergarten through grade 12 literacy. Sec. 4110. National evaluation, information dissemination, and technical assistance. Sec. 4111. Rules of construction. Subpart 2—Improving literacy and college and career readiness through effective school library programs Sec. 4113. Purpose. Sec. 4114. Definitions. Sec. 4115. Improving literacy and college and career readiness through effective school library program grants. Part B—Improving science, technology, engineering, and mathematics instruction and student achievement Subpart 1—Improving STEM instruction and student achievement Sec. 4201. Purpose. Sec. 4202. Definitions. Sec. 4203. Grants; allotments. Sec. 4204. Applications. Sec. 4205. Authorized activities. Sec. 4206. Performance metrics; report. Sec. 4207. Evaluation. Sec. 4208. Supplement not supplant. Sec. 4209. Maintenance of effort. Subpart 2—STEM Master Teacher Corps program 4221. Purpose. 4222. Definitions. 4223. STEM Master Teacher Corps program. 4224. Application. 4225. Required use of funds. 4226. Performance metrics; reports. 4227. Supplement not supplant. 4228. Evaluation. Part C—Increasing access to a well-Rounded education and financial literacy Subpart 1—Increasing access to a well-rounded education Sec. 4301. Purpose. Sec. 4302. Definitions. Sec. 4303. Grant program. Subpart 2—Financial literacy education Sec. 4311. Short title. Sec. 4312. Statewide incentive grants for financial literacy education. Part D—Successful, safe, and healthy students Sec. 4401. Purpose. Sec. 4402. Definitions. Sec. 4403. Allocation of funds. Sec. 4404. Successful, safe, and healthy students State grants. Sec. 4405. Technical assistance. Sec. 4406. Prohibited uses of funds. Sec. 4407. Federal and State nondiscrimination laws. Part E—Student non-discrimination Sec. 4501. Short title. Sec. 4502. Findings and purposes. Sec. 4503. Definitions and rule. Sec. 4504. Prohibition against discrimination. Sec. 4505. Federal administrative enforcement; report to congressional committees. Sec. 4506. Private cause of action. Sec. 4507. Cause of action by the Attorney General. Sec. 4508. State immunity. Sec. 4509. Attorney's fees. Sec. 4510. Effect on other laws. Sec. 4511. Severability. Sec. 4512. Effective date. Part F—21st Century Community Learning Centers Sec. 4601. Purpose; definitions. Sec. 4602. Allotments to States. Sec. 4603. State application. Sec. 4604. Local competitive grant program. Sec. 4605. Local activities. Part G—Promise Neighborhoods Sec. 4701. Short title. Sec. 4702. Purpose. Sec. 4703. Definitions. Subpart 1—Promise Neighborhood Partnership Grants Sec. 4711. Program authorized. Sec. 4712. Eligible entities. Sec. 4713. Application requirements. Sec. 4714. Use of funds. Sec. 4715. Report and publicly available data. Sec. 4716. Accountability. Subpart 2—Promise School Grants Sec. 4721. Program authorized. Sec. 4722. Definition of eligible entity. Sec. 4723. Application requirements; priority. Sec. 4724. Use of funds. Sec. 4725. Report and publicly available data. Sec. 4726. Performance accountability and evaluation. Subpart 3—General Provisions Sec. 4731. National activities. Part H—Parent and family information and resource centers Sec. 4801. Purpose. Sec. 4802. Definition of eligible entity. Sec. 4803. Grants authorized. Sec. 4804. Applications. Sec. 4805. Uses of funds. Sec. 4806. Administrative provisions. Part I—Ready-to-Learn Sec. 4901. Ready-to-Learn. Part J—Programs of National Significance Sec. 4905. Programs authorized. Sec. 4906. Applications. Sec. 4907. Program requirements. Part K—Competency-based assessment and accountability demonstration authority Sec. 4909. Competency-based assessment and accountability demonstration authority. TITLE V—PROMOTING INNOVATION Part A—Race to the Top Sec. 5101. Purposes. Sec. 5102. Reservation of funds. Sec. 5103. Race to the Top program. Sec. 5104. Application process. Sec. 5105. Performance measures. Sec. 5106. Uses of funds. Sec. 5107. Reporting. Part B—Investing in Innovation Sec. 5201. Purposes. Sec. 5202. Reservations. Sec. 5203. Program authorized; length of grants; priorities. Sec. 5204. Applications. Sec. 5205. Uses of funds. Sec. 5206. Performance measures. Sec. 5207. Reporting. Part C—Magnet Schools Assistance Sec. 5301. Findings and purpose. Sec. 5302. Definition. Sec. 5303. Program authorized. Sec. 5304. Eligibility. Sec. 5305. Applications and requirements. Sec. 5306. Priority. Sec. 5307. Use of funds. Sec. 5308. Prohibition. Sec. 5309. Limitations. Sec. 5310. Evaluations. Sec. 5311. Availability of funds for grants to agencies not previously assisted. Part D—Public Charter Schools Sec. 5401. Purpose. Sec. 5402. Distribution of funds. Subpart 1—Successful Charter Schools Program Sec. 5411. Definitions. Sec. 5412. Program authorized. Sec. 5413. Applications. Sec. 5414. Selection criteria; priority. Sec. 5415. Uses of funds. Sec. 5416. Subgrants. Sec. 5417. Performance measures; reports. Sec. 5418. Federal formula allocation during first year and for successive enrollment expansions. Sec. 5419. Records transfer. Sec. 5420. National activities. Subpart 2—Charter School Facility Acquisition, Construction, and Renovation Sec. 5431. Purpose. Sec. 5432. Definitions. Sec. 5433. Grants to eligible entities. Sec. 5434. Charter school objectives. Sec. 5435. Applications; selection criteria. Sec. 5436. Reserve account. Sec. 5437. Limitation on administrative costs. Sec. 5438. Audits and reports. Sec. 5439. No full faith and credit for grantee obligations. Sec. 5440. Recovery of funds. Part E—Voluntary Public School Choice Programs Sec. 5501. Grants. Sec. 5502. Uses of funds. Sec. 5503. Applications. Sec. 5504. Priorities. Sec. 5505. Requirements and voluntary participation. Sec. 5506. Evaluations. Sec. 5507. Definitions. TITLE VI—PROMOTING FLEXIBILITY; RURAL EDUCATION Part A—Transferability Sec. 6101. Transferability of funds. Part B—Rural Education Initiative Sec. 6201. Short title. Sec. 6202. Purpose. Subpart 1—Small, Rural School Achievement Program Sec. 6211. Program authorized. Sec. 6212. Academic achievement assessments. Subpart 2—Rural and Low-Income School Program Sec. 6221. Program authorized. Sec. 6222. Uses of funds. Sec. 6223. Applications. Sec. 6224. Accountability. Subpart 3—General Provisions Sec. 6231. Choice of participation. Sec. 6232. Annual average daily attendance determination. Sec. 6233. Supplement, not supplant. Sec. 6234. Rule of construction. TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION Part A—Indian Education Sec. 7101. Statement of policy. Sec. 7102. Purpose. Subpart 1—Formula Grants to Local Educational Agencies Sec. 7111. Purpose. Sec. 7112. Grants to local educational agencies and tribes. Sec. 7113. Amount of grants. Sec. 7114. Applications. Sec. 7115. Authorized services and activities. Sec. 7116. Integration of services authorized. Sec. 7117. Student eligibility forms. Sec. 7118. Payments. Sec. 7119. State educational agency review. Subpart 2—Special Programs and Projects To Improve Educational Opportunities for Indian Children and Youth Sec. 7121. Improvement of educational opportunities for Indian children and youth. Sec. 7122. Professional development for teachers and education professionals. Subpart 3—National Activities Sec. 7131. National research activities. Sec. 7132. Improvement of academic success for students through Native American language. Sec. 7133. Improving State and tribal educational agency collaboration. Subpart 4—Federal Administration Sec. 7141. National Advisory Council on Indian Education. Sec. 7142. Peer review. Sec. 7143. Preference for Indian applicants. Sec. 7144. Minimum grant criteria. Subpart 5—Definitions Sec. 7151. Definitions. Part B—Native Hawaiian Education; Alaska Native Education Subpart 1—Native Hawaiian Education Sec. 7201. Short title. Sec. 7202. Findings. Sec. 7203. Purposes. Sec. 7204. Native Hawaiian Education Council. Sec. 7205. Program authorized. Sec. 7206. Administrative provisions. Sec. 7207. Definitions. Subpart 2—Alaska Native Education Sec. 7301. Short title. Sec. 7302. Findings. Sec. 7303. Purposes. Sec. 7304. Program authorized. Sec. 7305. Administrative provisions. Sec. 7306. Definitions. TITLE VIII—IMPACT AID Sec. 8001. Purpose. Sec. 8002. Payments relating to Federal acquisition of real property. Sec. 8003. Payments for eligible federally connected children. Sec. 8004. Policies and procedures relating to children residing on Indian lands. Sec. 8005. Application for payments under sections 8002 and 8003. Sec. 8007. Construction. Sec. 8008. Facilities. Sec. 8009. State consideration of payments in providing State aid. Sec. 8010. Federal administration. Sec. 8011. Administrative hearings and judicial review. Sec. 8012. Forgiveness of overpayments. Sec. 8013. Definitions. TITLE IX—GENERAL PROVISIONS Part A—Definitions Sec. 9101. Definitions. Sec. 9102. Applicability of title. Sec. 9103. Applicability to Bureau of Indian Affairs operated schools. Part B—Flexibility in the use of Administrative and Other Funds Sec. 9201. Consolidation of State administrative funds for elementary and secondary education programs. Sec. 9202. Single local educational agency States. Sec. 9203. Consolidation of funds for local administration. Sec. 9204. Consolidated set-aside for Department of the Interior funds. Part C—Coordination of Programs; Consolidated State and Local Plans and Applications Sec. 9301. Purposes. Sec. 9302. Optional consolidated State plans or applications. Sec. 9303. Consolidated reporting. Sec. 9304. General applicability of State educational agency assurances. Sec. 9305. Consolidated local plans or applications. Sec. 9306. Other general assurances. Part D—Waivers Sec. 9401. Waivers of statutory and regulatory requirements. Part E—Uniform Provisions Subpart 1—Private Schools Sec. 9501. Participation by private school children and teachers. Sec. 9502. Standards for by-pass. Sec. 9503. Complaint process for participation of private school children. Sec. 9504. By-pass determination process. Sec. 9505. Prohibition against funds for religious worship or instruction. Sec. 9506. Private, religious, and home schools. Subpart 2—Other Provisions Sec. 9521. Maintenance of effort. Sec. 9522. Prohibition regarding State aid. Sec. 9523. Privacy of assessment results. Sec. 9524. School prayer. Sec. 9525. Equal access to public school facilities. Sec. 9526. General prohibitions. Sec. 9527. Prohibitions on Federal Government and use of Federal funds. Sec. 9528. Armed Forces recruiter access to students and student recruiting information. Sec. 9529. Prohibition on federally sponsored testing. Sec. 9530. Limitations on national testing or certification for teachers. Sec. 9531. Prohibition on nationwide database. Sec. 9532. Unsafe school choice option. Sec. 9533. Prohibition on discrimination. Sec. 9534. Civil rights. Sec. 9535. Rulemaking. Sec. 9536. Severability. Sec. 9537. Geographic diversity. Subpart 3—Teacher Liability Protection Sec. 9541. Short title. Sec. 9542. Purpose. Sec. 9543. Definitions. Sec. 9544. Applicability. Sec. 9545. Preemption and election of State nonapplicability. Sec. 9546. Limitation on liability for teachers. Sec. 9547. Allocation of responsibility for noneconomic loss. Sec. 9548. Effective date. Part F—Evaluations Sec. 9601. Evaluation authority. Part G—Miscellaneous Provisions Subpart 1—Gun Possession Sec. 9701. Gun-free requirements. Subpart 2—Environmental Tobacco Smoke Sec. 9721. Short title. Sec. 9722. Definitions. Sec. 9723. Nonsmoking policy for children's services. Sec. 9724. Preemption. . 7. Authorization of appropriations The Act (20 U.S.C. 6301 et seq.) is amended by inserting after section 2 the following: 3. Authorization of appropriations (a) Local educational agency grants (1) In general There are authorized to be appropriated to carry out part A of title I (except for sections 1116(g), 1125A, 1132, and subpart 4 of part A of such title) such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (2) School improvement grants, national activities, and evaluation (A) In general There are authorized to be appropriated to carry out section 1116(g) such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (B) Reservation for national activities Of the amounts appropriated under subparagraph (A) for a fiscal year, the Secretary shall reserve not more than 2 percent for the national activities described in section 1116(f)(6). (3) Education finance incentive grant program There are authorized to be appropriated to carry out section 1125A such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (4) Centers of excellence in early childhood There are authorized to be appropriated to carry out section 1132 such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (b) Grants for State assessments and the national assessment of educational progress (1) National assessment of educational progress For the purpose of administering the State assessments under the National Assessment of Educational Progress, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (2) State assessments and related activities For the purpose of carrying out assessment and related activities under subpart 4 of part A of title I, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (c) Pathways to college For the purposes of carrying out part B of title I, Pathways to College, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (d) Education of migratory children For the purposes of carrying out part C of title I, Education of Migratory Children, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (e) Neglected and delinquent For the purposes of carrying out part D of title I, Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (f) Continuous improvement and support for teachers and principals (1) In general For the purposes of carrying out subparts 1, 2, 3, and 4 of part A of title II, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (2) Principal recruitment and training For the purposes of carrying out subpart 5 of part A of title II, Principal Recruitment and Training, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (g) Teacher Pathways to the Classroom For the purposes of carrying out part B of title II, Teacher Pathways to the Classroom, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (h) Teacher incentive fund For the purposes of carrying out part C of title II, Teacher Incentive Fund, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (i) Achievement through Technology and Innovation For the purposes of carrying out part D of title II, Achievement through Technology and Innovation, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (j) English Learners and Immigrant Students For the purposes of carrying out title III, Language and Academic Content Instruction for English Learners and Immigrant Students, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (k) Improving Literacy and Student Achievement (1) Improving literacy For the purposes of carrying out subpart 1 of part A of title IV, Improving Literacy Instruction, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (2) Effective school library programs For the purposes of carrying out subpart 2 of part A of title IV, Improving Literacy and College and Career Readiness Through Effective School Library Programs, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (l) Improving Science, Technology, Engineering, and Mathematics Instruction and Student Achievement For the purposes of carrying out part B of title IV, Improving Science, Technology, Engineering, and Mathematics Instruction and Student Achievement, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (m) Increasing Access to a Well-Rounded Education and Financial Literacy For the purposes of carrying out part C of title IV, Increasing Access to a Well-Rounded Education and Financial Literacy, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (n) Successful, Safe, and Healthy Students For the purposes of carrying out part D of title IV, Successful, Safe, and Healthy Students, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (o) 21st Century Community Learning Centers For the purposes of carrying out part F of title IV, 21st Century Community Learning Centers, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (p) Promise Neighborhoods For the purposes of carrying out part G of title IV, Promise Neighborhoods, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (q) Parent and Family Information and Resource Centers For the purposes of carrying out part H of title IV, Parent and Family Information and Resource Centers, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (r) Ready-to-Learn For the purposes of carrying out part I of title IV, Ready-to-Learn, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (s) Programs of national significance For the purposes of carrying out part I of title IV, Programs of National Significance, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (t) Race to the Top For the purposes of carrying out part A of title V, Race to the Top, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (u) Investing in Innovation For the purposes of carrying out part B of title V, Investing in Innovation, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (v) Magnet Schools Assistance For the purposes of carrying out part C of title V, Magnet Schools Assistance, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (w) Public charter schools For the purposes of carrying out part D of title V, Public Charter Schools, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (x) Voluntary public school choice For the purposes of carrying out part E of title V, Voluntary Public School Choice, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (y) Rural education achievement program For the purposes of carrying out part B of title VI, Rural Education Achievement Program, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (z) Indian, native hawaiian, and Alaska native education (1) Indian education and Native Hawaiian education For the purposes of carrying out part A and subpart 1 of part B of title VII, Indian Education and Native Hawaiian Education, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (2) Alaska Native education There are authorized to be appropriated to carry out subpart 2 of part B of title VII, Alaska Native Education, such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years. (aa) Impact aid For the purposes of carrying out title VIII, Impact Aid, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years, in accordance with the following: (1) Payments for Federal acquisition of real property For the purpose of making payments under section 8002, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (2) Basic payments; payments for heavily impacted local educational agencies For the purpose of making payments under section 8003(b), there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (3) Payments for children with disabilities For the purpose of making payments under section 8003(d), there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (4) Construction For the purpose of carrying out section 8007, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (5) Facilities maintenance For the purpose of carrying out section 8008, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. . I College and career readiness for all students 1001. Purpose Section 1001 ( 20 U.S.C. 6301 1001. Purpose The purpose of this title is to ensure every child has a fair, equal, and significant opportunity to obtain a high-quality education and graduate from high school ready for college, career, and citizenship. This purpose can be accomplished by— (1) setting high expectations for children to develop deep content knowledge and the ability to use knowledge to think critically, solve problems, communicate effectively, and collaborate with others, in order to graduate, from high school, college and career ready; (2) supporting high-quality teaching to continuously improve instruction and encourage new models of teaching and learning; (3) focusing on increasing student achievement and closing achievement gaps; (4) providing additional resources and supports to meet the needs of disadvantaged students, including children from low-income families and those attending high-poverty schools, English learners, migratory children, children with disabilities, Indian children, and neglected or delinquent children; (5) providing young children with greater access to high-quality early learning experiences to ensure they enter school ready to learn; (6) removing barriers to, and encouraging State and local innovation and leadership in, education based on the evaluation of success and continuous improvement; (7) removing barriers and promoting integration across all levels of education, and across Federal education programs; (8) streamlining Federal requirements to reduce burdens on States, local educational agencies, schools, and educators; and (9) strengthening parental engagement and coordination of student, family, and community supports to promote student success. . 1002. State reservations Title I ( 20 U.S.C. 6301 et seq. (1) by striking sections 1002 and 1003; (2) by redesignating section 1004 as section 1002; and (3) in section 1002 (as redesignated by paragraph (2))— (A) in the section heading, by inserting and State accountability and support (B) by redesignating paragraphs (1) and (2) of subsection (a) as subparagraphs (A) and (B), respectively, and by aligning the margins of such subparagraphs with the margins of subparagraph (A) of section 1111(a)(1); (C) by redesignating subsection (b) as paragraph (2) of subsection (a), and by aligning the margins of such paragraph with the margins of paragraph (1) of section 1111(a); (D) by striking In general State administration (1) In general Except as provided in paragraph (2) ; (E) in subsection (a)(2), as redesignated by subparagraph (C), by striking subsection (a)(1) paragraph (1)(A) (F) by adding at the end the following: (b) Accountability and support (1) In general Each State may reserve not more than 6 percent of the amount the State receives under subpart 2 of part A to carry out paragraph (2) and to carry out the State and local educational agency responsibilities under section 1116, which may include carrying out a statewide system of technical assistance and support for local educational agencies and identifying and disseminating evidence-based practices. (2) Uses Of the amount reserved under paragraph (1) for any fiscal year, the State educational agency— (A) shall use not less than 90 percent of that amount by allocating such sums directly to local educational agencies for activities required under section 1116; or (B) may, with the approval of the local educational agency, directly provide for such activities or arrange for their provision through other entities such as educational service agencies and external providers with expertise in using strategies based on scientifically valid research to improve teaching, learning, and schools. (3) Priority The State educational agency, in allocating funds to local educational agencies under this subsection, shall give priority to local educational agencies that— (A) serve the lowest-performing schools, including schools identified as focus schools and priority schools under subsections (c) and (d) of section 1116; (B) demonstrate the greatest need for such funds; and (C) demonstrate the strongest commitment to use the funds to enable the lowest-achieving schools to improve student achievement and outcomes through the use of evidence-based practices that are consistent with the evidence standards described in section 5203(e). (4) Unused funds If, after consultation with local educational agencies, the State educational agency determines the amount of funds reserved to carry out this subsection is greater than the amount needed to provide the assistance described in this subsection, the State educational agency shall allocate the excess amount to local educational agencies in accordance with— (A) the relative allocations the State educational agency made to those agencies for that fiscal year under subpart 2 of part A; or (B) section 1126(c). (5) Special rule Notwithstanding any other provision of this subsection, the amount of funds reserved by the State educational agency under this subsection in any fiscal year shall not decrease the amount of funds each local educational agency receives under subpart 2 of part A below the amount received by such local educational agency under such subpart for the preceding fiscal year. (6) Reporting Each State educational agency shall make publicly available a list of those schools that have received funds or services pursuant to this subsection and the percentage of students from each such school from families with incomes below the poverty line. . A Improving the academic achievement of the disadvantaged 1111. State and local requirements Section 1111 ( 20 U.S.C. 6301 1111. State and local requirements (a) Academic standards, academic assessments, and accountability requirements (1) Requirements for college and career ready State standards In order to receive a grant under this part, each State shall demonstrate the State meets the following requirements: (A) College and career ready aligned standards for reading or language arts and mathematics (i) In general The State shall— (I) not later than December 31, 2014, adopt college and career ready academic content standards in reading or language arts and mathematics that meet the requirements of clauses (ii) and (iii); and (II) not later than the beginning of the 2015–2016 school year, adopt college and career ready student academic achievement standards in reading or language arts and mathematics that meet the requirements of clauses (ii) and (iv). (ii) Alignment of college and career ready standards Each State plan shall demonstrate the State has adopted college and career ready academic content standards and college and career ready student academic achievement standards aligned with— (I) credit-bearing academic coursework, without the need for remediation, at public institutions of higher education in the State; and (II) relevant State career and technical education standards and the State performance measures identified in the State plan under section 113(b) of the Carl D. Perkins Career and Technical Education Act of 2006; and (III) (aa) appropriate career skills; or (bb) standards that are State-developed and voluntarily adopted by a significant number of States. (iii) Requirements for academic content standards College and career ready academic content standards shall— (I) be used by the State, and by local educational agencies, public elementary schools, and public secondary schools in the State, to carry out the requirements of this part; (II) be the same standards that the State applies to all public elementary and secondary schools and students in the State; (III) include the same knowledge, skills, and levels of achievement expected of all elementary and secondary school students in the State; and (IV) be evidence-based and include rigorous content and skills, such as critical thinking, problem solving, and communication skills. (iv) Requirements for student academic achievement standards College and career ready student academic achievement standards for a subject shall— (I) be aligned with the State's academic content standards described in clause (iii); and (II) establish the level of performance expected for each grade level that demonstrates the student has mastered the material in the State academic content standards for that grade. (B) Science standards A State— (i) shall demonstrate that the State has adopted, by not later than December 31, 2014, statewide academic content standards and student academic achievement standards in science that are aligned with the knowledge and skills needed to be college and career ready, as described in subparagraph (A)(ii); and (ii) may choose to use such standards as part of the State’s accountability system under paragraph (3), if such standards meet the requirements of clauses (ii) through (iv) of subparagraph (A). (C) Standards for other subjects If a State adopts high-quality academic content standards and student academic achievement standards in subjects other than reading or language arts, mathematics, and science, such State may choose to use such standards as part of the State's accountability system, consistent with section 1116. (D) Alternate academic achievement standards for students with the most significant cognitive disabilities (i) In general The State may, through a documented and validated standards-setting process, adopt alternate academic achievement standards in any subject included in the State's accountability system under paragraph (3) for students with the most significant cognitive disabilities, if— (I) the determination about whether the achievement of an individual student should be measured against such standards is made separately for each student in each subject being assessed; (II) all students who use such alternate academic achievement standards in a subject are assessed using the alternate assessments for such subject described in paragraph (2)(E); and (III) such alternate academic achievement standards— (aa) are aligned with the State college and career ready academic content standards; (bb) provide access to the general curriculum and the student academic achievement standards; and (cc) reflect professional judgment as to the highest possible standards achievable by such student. (ii) Prohibition on any other alternate or modified standards A State shall not develop, or implement for use, under this part any alternate or modified academic achievement standards for students who are children with disabilities that are not alternate academic achievement standards that meet the requirements of clause (i). (E) English language proficiency standards A State shall, not later than December 31, 2015, adopt high-quality English language proficiency standards that— (i) are aligned with the State’s academic content standards in reading or language arts under subparagraph (A) so that achieving English language proficiency, as measured by the State's English language proficiency standards, indicates a sufficient knowledge of English to allow the State to validly and reliably measure the student’s achievement on the State’s reading or language arts student academic achievement standards with no interventions designed to support English learners specifically; (ii) ensure proficiency in English for each of the domains of speaking, listening, reading, and writing; (iii) identify not less than 4 levels of English proficiency; (iv) address the different proficiency levels of English learners and set high expectations regarding academic achievement and linguistic proficiency for English learners at all levels of proficiency; (v) are updated, not later than 1 year after the State adopts any new academic content standards in reading or language arts under this paragraph, in order to align the English language proficiency standards with the new content standards; and (vi) support teachers as teachers enhance instruction to support English learners. (F) Early learning guidelines and early grade standards A State that uses funds provided under this part to support early childhood education shall provide an assurance that, not later than December 31, 2015, the State will establish, or certify the existence of, early learning guidelines and early grade standards in accordance with the following: (i) Early learning guidelines In consultation with the State Advisory Council on Early Childhood Education and Care, the lead agency designated under section 658D of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and the State educational agency, the State shall complete a review, and revise or create, as necessary, the State’s early learning guidelines for young children in order to promote developmentally appropriate, high-quality programs. Such guidelines shall— (I) address each of the age groups of infants, toddlers, and preschool-aged children; (II) be developed, as appropriate, in all domains of child development and learning (including language, literacy, mathematics, creative arts, science, social studies, social and emotional development, approaches to learning, and physical and health development) for each age group; (III) reflect research and evidence-based developmental and learning expectations, including the foundation for and progression in how children develop and learn the requisite skills and content from one stage into the next, including what young children should know and be able to do; (IV) address the cultural and linguistic diversity and the diverse abilities of young children, including infants, toddlers, and preschoolers with disabilities; (V) inform teaching practices, improve professional development, and support high-quality services in early childhood education programs; (VI) be made publicly available, including through electronic means; and (VII) for pre-school age children, appropriately assist in the transition of such children to kindergarten. (ii) Early grade standards In consultation with the State Advisory Council on Early Childhood Education and Care, the lead agency designated under section 658D of the Child Care and Development Block Grant of 1990 (42 U.S.C. 9858 et seq.), and the State educational agency, the State shall establish or review and revise, as needed, standards for kindergarten through grade 3 aligned with the college and career ready academic content and student academic achievement standards described in subsection (a)(1)(A) to ensure that such standards— (I) are developed in all domains of child development and learning (including cognitive, language, literacy, mathematics, creative arts, science, social studies, social and emotional development, physical development and health, and approaches to learning); (II) reflect research and evidence-based development and learning expectations for each level and address cultural, linguistic, and ability-level diversity; and (III) across grade levels, reflect progression in how children develop and learn the requisite skills and content from earlier grades forward, including preschool. (G) Existing standards Nothing in this part shall prohibit a State from revising, consistent with this section, any standard adopted under this part before, on, or after the date of enactment of the Strengthening America's Schools Act of 2013 (H) Construction Nothing in this section shall be construed to authorize the Secretary or other officer or employee of the Federal Government to mandate, direct, or control a State’s college and career ready academic content or student academic achievement standards under subsection (a). (2) Academic assessments (A) State assessments The State shall, beginning not later than the beginning of the 2015–2016 school year, adopt and implement statewide assessments that— (i) include statewide assessments in reading or language arts, and mathematics, annually for grades 3 through 8 and not less frequently than once during grades 10 through 12, that— (I) are aligned with the State’s academic content standards in such subjects under paragraph (1)(A); (II) are administered to all public elementary and secondary school students in the State; (III) measure the individual academic achievement of a student; (IV) assess the student's academic achievement based on the State's student academic achievement standards in the subject in order to measure— (aa) whether the student is performing at the student's grade level; and (bb) the specific grade level at which the student is performing in the subject; (V) measure individual student academic growth, including a measurement of the number of years of academic growth each student attains each year; and (VI) may, at the State's choosing— (aa) be administered through a single summative assessment each year; or (bb) be administered through multiple statewide assessments during the course of the year if the State can demonstrate to the Secretary’s satisfaction the results of these multiple assessments, taken in their totality, provide a summative score that provides valid and reliable information on individual student academic growth, as described in subclause (V); (ii) include statewide assessments in science, not less than once during each of the grade spans of grades 3 through 5, 6 through 9, and 10 through 12, that— (I) assess the student's academic achievement based on the State's student academic achievement standards in science in order to measure— (aa) whether the student is performing at the student's grade level; and (bb) the specific grade level at which the student is performing in the subject; (II) measure individual student academic growth, including a measurement of the number of years of academic growth each student attains each year; and (iii) include the English language proficiency assessments and any alternate assessments described in subparagraphs (D) and (E), respectively; and (iv) at the discretion of the State, measure the proficiency of students in the other academic subjects for which the State has adopted academic content standards and student academic achievement standards under paragraph (1)(C). (B) Requirements for assessments The assessments administered under this paragraph shall— (i) be the same academic assessments used to measure the achievement of all students, although the individual assessment items administered to a student in order to determine the specific grade level at which a student is performing may vary; (ii) be used only for purposes for which such assessments are valid and reliable, and be consistent with relevant, nationally recognized professional and technical standards; (iii) be used only if the State educational agency provides to the Secretary evidence that the assessments used are of adequate technical quality for each purpose required under this Act and are consistent with the requirements of this section, which evidence the Secretary may make public; (iv) involve multiple up-to-date measures of student academic achievement, including measures that— (I) assess the full range of academic content and student academic achievement standards under section 1111(a)(1) that students are expected to master; (II) measure students’ mastery of content knowledge and their ability to use knowledge to think critically and solve problems, and to communicate effectively; and (III) may be partially delivered in the form of portfolios, projects, or extended performance tasks; (v) provide for— (I) the participation in such assessments of all students; (II) the inclusion of English learners, who shall be assessed in a valid and reliable manner and provided reasonable accommodations on assessments administered to such students under this paragraph, including, to the extent practicable, assessments in the language and form most likely to yield accurate data on what such students know and can do in academic content areas, until such students have achieved English language proficiency as determined under subparagraph (D), except that the State may exempt any English learner at the lowest levels of English language proficiency from the reading or language arts assessment for not more than 2 years following the date of the student being identified as an English learner; (vi) shall— (I) incorporate the principles of universal design, as defined in section 3(a) of the Assistive Technology Act of 1998 ( 29 U.S.C. 3002(a) (II) provide for the reasonable adaptations for children with disabilities necessary to measure the academic achievement of such children in a subject, relative to the State academic content standards and State student academic achievement standards under paragraph (1) for such subject; (III) provide for the valid and reliable accommodations for children with disabilities necessary to measure the academic achievement of such children in a subject, relative to the State academic content standards and State student academic achievement standards under paragraph (1) for such subject; and (IV) assess children with disabilities using the same, unmodified academic content standards used to measure children without disabilities in the same grade level, except in the case of alternate assessments administered in accordance with subparagraph (E); (vii) notwithstanding clause (v)(II), include the academic assessment (using tests written in English) of reading or language arts of any student who has attended school in the United States (not including Puerto Rico) for 3 or more consecutive school years, except that, if the local educational agency determines, on a case-by-case individual basis, that academic assessments in another language or form would likely yield more accurate and reliable information on what such student knows and can do, the local educational agency may make a determination to assess such student in the appropriate language other than English for a period that does not exceed 2 additional consecutive years, if such student has not yet reached a level of English language proficiency sufficient to yield valid and reliable information on what such student knows and can do on tests (written in English) of reading or language arts; (viii) include students who have attended schools in a local educational agency for a full academic year but have not attended a single school for a full academic year, except the performance of students who have attended more than 1 school in the local educational agency in any academic year shall be used only in determining the progress of the local educational agency; (ix) produce individual student interpretive, descriptive, and diagnostic reports that— (I) allow parents, teachers, and principals to understand and address the specific academic needs of students and include information regarding achievement on the academic assessments aligned with State academic achievement standards; and (II) are provided to parents, teachers, and principals as soon as is practicably possible after the assessment is given, in an understandable and uniform format, and to the extent practicable, in a language that parents can understand; (x) enable results to be disaggregated within the State, local educational agency, and school by gender, each major racial and ethnic group, English proficiency status, migrant status, status as a student with a disability, and economically disadvantaged status, except that disaggregation shall not be required for any subgroup that would include 15 or less students, so as to not reveal personally identifiable information about an individual student; (xi) be consistent with widely accepted professional testing standards and objectively measure academic achievement, knowledge, and skills; (xii) enable itemized score analyses to be produced and reported, consistent with clause (ii), to local educational agencies and schools, so that parents, teachers, principals, and administrators can interpret and address the specific academic needs of students as indicated by the students' achievement on assessment items; (xiii) produce student achievement and other student data that can be used to inform determinations of individual principal and teacher effectiveness for purposes of evaluation and for determining the needs of principals and teachers for professional development and support; (xiv) be administered to not less than 95 percent of all students, and not less than 95 percent of each subgroup of students described in clause (x), who are enrolled in the school; and (xv) in the case of digital assessments or any digital assessment content that is adopted, procured, purchased, or developed for the assessments, incorporate the principles of universal design, as defined in section 3(a) of the Assistive Technology Act of 1998 ( 29 U.S.C. 3002(a) (C) Languages of assessments The State shall identify the languages other than English that are present in the participating student population in the State and indicate, in the State's plan under subsection (b), the languages for which yearly student academic assessments included in the State's accountability system under paragraph (3) are not available and are needed. The State shall make every effort to develop assessments in such languages and may request assistance from the Secretary if linguistically accessible academic assessments are needed. Upon request, the Secretary shall assist with the identification of appropriate academic assessments in such languages, but shall not mandate a specific academic assessment or mode of instruction. (D) Assessments of English language proficiency (i) In general Each State plan shall demonstrate that local educational agencies in the State will, not later than the beginning of the 2015–2016 school year, provide for the annual assessment of English language proficiency of all English learners in the schools served by the State educational agency. (ii) Requirements The English language proficiency assessment described in clause (i) shall— (I) be aligned with the State’s English language proficiency standards under paragraph (1)(E); (II) be designed to measure, in a valid and reliable manner, student progress toward, and attainment of, English language proficiency; (III) reflect the academic language that is required for success on the State’s academic assessments, consistent with paragraph (1)(E)(iv); and (IV) measure each student's progress in achieving the levels of English proficiency established under the State English language proficiency standards, as described in paragraph (1)(D)(iii). (E) Alternate assessments for students with the most significant cognitive disabilities A State may provide alternate assessments that are aligned with alternate academic achievement standards described in paragraph (1)(D) for students with the most significant cognitive disabilities, if the State— (i) ensures that for each subject, the total number of students in each grade level assessed in such subject using the alternate assessments does not exceed 1 percent of the total number of all students in such grade level in the State who are assessed in such subject; (ii) establishes and monitors implementation of clear and appropriate guidelines for individualized education program teams (as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act) to apply in determining, on a subject-by-subject basis, when a child’s significant cognitive disability justifies assessment based on alternate academic achievement standards; (iii) ensures that parents of the students whom the State plans to assess using alternate assessments are involved in the decision that their child’s academic achievement will be measured against alternate academic achievement standards, consistent with section 614(d)(1)(A)(i)(VI)(bb) of the Individuals with Disabilities Education Act, and are informed whether participation in such assessment may preclude the student from completing the requirements for a regular secondary school diploma, as determined by the State; (iv) provides evidence that students with the most significant cognitive disabilities are, to the maximum extent practicable, included in the general curriculum and in assessments aligned with such curriculum, as described in section 601(c)(5)(A) of the Individuals with Disabilities Education Act; (v) certifies, consistent with section 612(a)(16)(A) of the Individuals with Disabilities Education Act, the State’s regular academic assessments described in subparagraphs (A), (C), and (D) are universally designed to be accessible to students, including students with sensory, physical, and intellectual disabilities, through the provision of reasonable adaptations and valid and reliable accommodations that produce valid results; (vi) develops, disseminates information about, makes available, and promotes the use of reasonable adaptations and valid and reliable accommodations to increase the number of students with the most significant cognitive disabilities participating in grade-level academic instruction and assessments aligned with grade-level academic standards, and promotes the use of appropriate accommodations to increase the number of students with the most significant cognitive disabilities who are tested against grade-level academic achievement standards; (vii) takes steps to ensure regular and special education teachers and other appropriate staff know how to administer assessments, including how to make appropriate use of reasonable adaptations and valid and reliable accommodations for such assessments, for students with the most significant cognitive disabilities; and (viii) requires separate determinations about whether a student should be assessed using an alternate assessment for each subject assessed. (F) Computer adaptive assessment A State may develop and administer computer adaptive assessments as the assessments required under subparagraph (A). If a State develops and administers a computer adaptive assessment for such purposes, the assessment shall meet the requirements of this paragraph. (G) Reducing duplicative assessment The State shall— (i) include, in the State plan under subsection (b), a description of how the State will regularly analyze assessment and accommodations practice and use, and reduce duplicative assessment where appropriate; and (ii) ensure that the local educational agencies report, as required in subsection (d), regarding the assessments required by Federal, State, and local laws, regulations, or policies. (3) State-designed accountability systems (A) Accountability system Each State shall, not later than the beginning of the 2014–2015 school year, demonstrate the State educational agency has developed and is implementing a single, statewide accountability system that— (i) annually measures and reports on the achievement and academic growth of students in all public elementary schools and secondary schools and local educational agencies in the State, in accordance with subparagraph (B); (ii) differentiates all local educational agencies and all schools in the State according to academic achievement and student academic growth, English language proficiency and growth for English learners, and, for high schools, graduation rates, for all students and for each subgroup described in paragraph (2)(B)(x); (iii) expects the continuous improvement of all public schools in the State in the academic achievement and academic growth of all students, including the subgroups of students described in subparagraph (D), and establishes ambitious and achievable annual performance targets in accordance with subparagraph (C); (iv) annually identifies schools that need supports and interventions to prepare college and career ready students; (v) provides for the improvement, through supports and interventions that address student needs, of all local educational agencies with schools not identified under section 1116(d) that are not meeting performance targets for subgroups described in subparagraph (D); (vi) develops the capacity of local educational agencies and schools to effectively educate their students and continuously improve; (vii) recognizes, and encourages other local educational agencies to replicate, the practices of local educational agencies and schools that are successful in effecting significant student achievement or student academic growth; and (viii) meets the requirements of section 1116. (B) Measurement of achievement and academic growth (i) In general The State accountability system shall measure student achievement and academic growth toward the college and career ready academic content and student academic achievement standards under paragraph (1) by annually measuring and reporting on, in the aggregate and for each subgroup described in subparagraph (D)— (I) the number and percentage of students who are in each category described in clause (ii), for each grade and subject covered by an academic assessment included in the accountability system, based on the State academic assessments for the subject; and (II) for each such category of students— (aa) the number and percentage of students for each grade and subject who are meeting or exceeding the State student academic achievement standards or are achieving sufficient academic growth, as described in clause (iii); and (bb) the number and percentage of students for each grade and subject who have not achieved sufficient academic growth, as described in such clause. (ii) Categories of students The State educational agency shall establish not less than 3 categories of students, which shall include the following: (I) A category consisting of students who are meeting or exceeding the State student academic achievement standards under paragraph (1) in a subject for the students' grade level, as determined based on the State academic assessments under paragraph (2). (II) A category consisting of students whose proficiency in a subject is below grade level and who are achieving sufficient academic growth, as described in clause (iii). (III) A category of students whose proficiency in a subject is below grade level and who are not achieving sufficient academic growth, as described in clause (iii). (iii) Sufficient academic growth For purposes of this section, sufficient academic growth for a student means— (I) a rate of academic growth, based on a comparison of the student’s performance on the most recent State academic assessment with the preceding State academic assessment or combination of preceding State academic assessments, is such that the student will be performing at or above grade level within 3 years; (II) a rate of academic growth, based on a comparison of the student’s performance on the most recent State academic assessment with the preceding State academic assessment or combination of preceding State academic assessments, is such that the student will be performing at or above grade level by the end of the grade span of which, for purposes of this section, shall be the grade spans of grades 3 through 5, 6 through 8, and 9 through 12; or (III) another aggressive academic growth model approved by the Secretary that supports the State educational agency performance targets under subparagraph (C). (C) Performance targets (i) In general Each State shall establish, after requesting and receiving input from the local educational agencies of the State, ambitious and achievable annual performance targets for the State, for local educational agencies in the State, and for public elementary schools and secondary schools, for each subject and grade level assessed under paragraph (2), that— (I) are adopted from the waiver agreement entered into with the Secretary through the authority under section 9401 before the date of enactment of the Strengthening America's Schools Act of 2013 (II) subject to approval by the Secretary— (aa) sets a goal for every public school to meet the achievement level of the highest-performing 10 percent of schools in the State as of the date of the application submission, based on the percentage of students meeting or exceeding the State academic content and student academic achievement standards; (bb) requires annual progress toward that goal for all students, including all subgroups of students consistent with section 1111(a)(3)(D), within a specified reasonable time period; and (cc) ensures accelerated progress for the subgroups of students that start with the lowest levels of student achievement; or (III) are equally ambitious to the performance targets described in subclauses (I) and (II) and are approved by the Secretary. (ii) Performance areas The performance targets required under this subparagraph shall include targets for— (I) student proficiency, as described in subparagraph (B)(ii)(I); (II) student academic growth, as determined in accordance with subparagraph (B); (III) English language proficiency for English learners, as measured by the number of students who are on track to achieving English proficiency, as described in paragraph (1)(D) (i), by not later than 5 years after being identified as English learners; and (IV) for high schools, high school graduation rates. (iii) Baselines Each State shall use student performance on the State's academic assessments used for purposes of receiving funds under this subpart and subpart 2 for the 2014–2015 school year as the baseline for the performance targets, subject to paragraph (5)(B)(iv) and subsection (b)(3)(C). (iv) Additional measures and performance targets A State may develop other measures and performance targets to provide school personnel, parents, and community members with information about the effectiveness of schools in closing performance gaps among subgroups and bringing all students to proficiency, except that any such measure shall not classify individuals who have not attained a high school diploma but have earned a recognized equivalent of such diploma as graduating from high school. (D) Subgroups of students The subgroups described in this subparagraph shall be obtained by disaggregating students enrolled in a school by each major racial and ethnic group, English proficiency status, status as a child with a disability, and economically disadvantaged status, except that a school shall not be required to disaggregate for any subgroup that includes 15 or less students if such disaggregation would result in the disclosure of personally identifiable information. (E) Subjects covered The State shall include in the accountability system the subjects of reading or language arts and mathematics, and may include science and any other subject that the State chooses through its State plan, if the State has adopted academic content standards and student academic achievement standards under paragraph (1)(C) and assessments under paragraph (2)(B) for the subject. (F) Accountability for charter schools The accountability provisions under this Act shall be overseen for public charter schools in accordance with State charter school law. (G) Students with the most significant cognitive disabilities In determining the percentage of students who are meeting or exceeding the State student academic achievement standards or are achieving sufficient academic growth as described in subparagraph (B)(iii), for a subject for any purpose under this section or section 1116 or 1131, a State educational agency may include, for all schools in the State, the performance of the State's students with the most significant cognitive disabilities on alternate assessments as described in paragraph (2)(E) in the subjects included in the State’s accountability system, consistent with the 1 percent limitation of subsection (a)(2)(E)(i). (4) Voluntary partnerships A State may enter into a voluntary partnership with another State to develop and implement the academic assessments, academic content standards, and student academic achievement standards required under this section. (5) Transition provisions (A) In general The Secretary shall take such steps as are necessary to provide for the orderly transition between the accountability systems required under subsection (b)(2), as such section was in effect on the day before the date of enactment of the Strengthening America's Schools Act of 2013 (B) Transition steps To enable the successful transition to the provisions of this part, as amended by the Strengthening America's Schools Act of 2013 (i) beginning upon the date of enactment of the Strengthening America's Schools Act of 2013 (I) administer assessments, as required under paragraph (2), as amended by such Act, that measure and assess the college and career ready academic content standards and student academic achievement standards described in paragraph (1), as amended by such Act; and (II) with respect to any reporting provision under this part that requires the disaggregation of students, carry out such requirement unless the number of students in such subgroup is less than 15; (ii) during the transition period, continue all interventions, services, and activities required under section 1116(b), as in effect on the day before the date of enactment of such Act, for schools identified for corrective action under such section 1116(b)(7); (iii) after 2 years of using the assessments described in clause (i)(I), establish a new baseline, as described in paragraph (3)(C), using the new assessment data; and (iv) implement sections 1111 and 1116, as amended by such Act, except that the State shall not be required to identify proficiency gaps, focus schools, or priority schools under subsection(b), (c), or (d) of section 1116 until 2 full school years after the date of enactment of such Act. (C) End of transition The transition to the requirements of this part, as amended by the Strengthening America's Schools Act of 2013 (b) State plans (1) In general For any State desiring to receive a grant under this part, the State educational agency shall submit to the Secretary a plan, developed by the State educational agency in consultation with local educational agencies, teachers, principals, specialized instructional support personnel, administrators, other staff, representatives of Indian tribes located in the State, and parents, that— (A) demonstrates the State's compliance with this section; (B) is coordinated with the State plans required by other programs under this Act, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. (C) provides an assurance the State will continue to administer the academic assessments required under paragraphs (3)(A) and (7) of this subsection, as such paragraphs were in effect on the day before the date of enactment of the Strengthening America's Schools Act of 2013 (D) provides an assurance the State will participate in the biennial State academic assessments of grade 4 and grade 8 reading and mathematics under the National Assessment of Educational Progress carried out under section 303(b)(2) of the National Assessment of Educational Progress Authorization Act if the Secretary pays the costs of administering such assessments; (E) describes the State accountability system under subsection (a)(3) and the State's plan for blue ribbon schools under section 1131 (if the State chooses to carry out such section); (F) describes the process the State will utilize to review local educational agency plans submitted pursuant to section 1112, including the parent and family engagement plan described in section 1118 and other provisions related to parent and family engagement; (G) describes the support the State will provide to local educational agencies for the education of homeless children and youths, and how the State will comply with the requirements of subtitle B of title VII of the McKinney-Vento Homeless Assistance Act; (H) describes how the State educational agency has involved the committee of practitioners established under section 1603(b) in developing the plan and monitoring its implementation; (I) describes how the State educational agency will coordinate with the State Advisory Council on Early Childhood Education and Care, as appropriate; (J) (i) if the State funds full-day kindergarten programs but does not provide access to such programs for all children eligible to attend kindergarten in the State, describes how the State plans to increase the number of students in the State who are enrolled in full-day kindergarten and a strategy to implement such a plan; and (ii) if the State provides funding for kindergarten programs but does not fund full-day kindergarten programs, describes how the State plans to establish such programs to extend and strengthen the educational continuum for children entering elementary school; (K) provides an assurance that the State— (i) has established a longitudinal data system that includes all elements described in section 6401(e)(2)(D) of the America COMPETES Act ( 20 U.S.C. 9871 Public Law 111–5 (ii) if the State was not subject to any such requirement, that the State will establish such a system by a date approved the Secretary; (L) describes how the State and State educational agency will comply with the requirements of section 1501, and the State's plan to ensure such compliance; (M) in the case of a State that proposes to use funds under this part to support positive behavioral interventions and supports, describes how the State educational agency will— (i) assist local educational agencies in implementing positive behavioral interventions and supports in schools served by the local educational agency throughout the whole school; (ii) provide technical assistance and training to local educational agencies to improve and support the development, implementation, and coordination of comprehensive positive behavioral interventions and supports carried out under this Act with activities carried out under the Individuals with Disabilities Education Act; (iii) in coordination with local educational agencies and schools, implement positive, preventative approaches to school discipline to promote a positive school climate for all students and reduce recidivism of re-entering youth offenders and disconnected youth; and (iv) evaluate the effects of providing positive behavioral interventions and supports for all students, including improvement of the learning environment, academic achievement, disciplinary problems such as incidents of suspensions, expulsions, referrals to law enforcement, and other actions that remove students from instruction, and any other effects the State chooses to evaluate; (N) in the case of a State that proposes to use funds under this part to support early intervening services, describes how the State educational agency will— (i) assist local educational agencies in implementing early intervening services in schools served by the local educational agency to reduce the need to label children as children with disabilities in order to address the learning and behavioral needs of such children; (ii) provide technical assistance and training to local educational agencies to improve coordination of early intervening services provided under this Act with early intervening services carried out under the Individuals with Disabilities Education Act; and (iii) evaluate the effects of providing early intervening services; (O) describes how the State will assist local educational agencies in identifying gifted and talented students, including high-ability students who have not previously been formally identified for gifted education services, and implement educational approaches at the elementary school and secondary school levels to support the learning needs of gifted and talented students to ensure that such students make appropriate learning gains, such as early entrance to kindergarten, enrichment, acceleration, curriculum compacting, and dual enrollment in secondary school and postsecondary education; (P) describes how the State educational agency will— (i) reduce suspensions, expulsions, referrals to law enforcement, and other disciplinary actions that remove students from instruction; (ii) facilitate, to the extent practicable, the re-entry of juvenile offenders and disconnected youth into their local educational agencies; (iii) in coordination with the State department of corrections or similar agency, ensure re-entering juvenile offenders receive referrals to a local educational agency and provide that, for any juvenile who commits an offense subject to school expulsion and is subsequently committed to a detention center, secure facility, or any other residential placement within the juvenile or adult criminal justice system for such offense, the period of expulsion shall run concurrently with the period of commitment to the detention center, secure facility, or other residential placement; and (iv) in coordination with local educational agencies and schools, provide annual and public reporting on, in the aggregate, in-school suspensions, out-of-school suspensions, expulsions, referrals to law enforcement, school-based arrests, and disciplinary transfers (including placements in alternative schools) in the State; (Q) describe how the State educational agency will plan for pregnant and parenting students to be enrolled, attend, and succeed in school; (R) describes how— (i) for the first year following the date of enactment of the Strengthening America's Schools Act of 2013 (ii) for each school year following the first year after such date of enactment, the State educational agency will provide for the equitable distribution of teachers within local educational agencies and the State so that low-income and minority children are not taught at higher rates than other children by teachers with the lowest ratings in the State professional growth and improvement system; and (iii) beginning not later than 1 year after such date of enactment, and for each subsequent year, the State will report to the Secretary the percentage and distribution of teachers in the State, based on the measures used in the State, for each quartile of schools based on school poverty level, for high-minority schools, and for low-minority schools; and (S) describes how the State will annually submit to the Secretary, for each quartile of schools in the State based on school poverty level and for high-minority schools and low-minority schools in the State, data regarding the percentage and distribution of the following categories of teachers: (i) Teachers who are not classified as highly qualified teachers. (ii) Teachers who are new. (iii) Teachers who have not completed a teacher preparation program. (iv) Teachers who are not teaching in the subject or field for which the teacher is certified or licensed. (v) Beginning in any year for which data are available from a professional growth and improvement system, and not later than the 2015–2016 school year, teachers with the highest or lowest ratings in the professional growth and improvement system, as data from such system become available, and in no case later than the 2015–2016 school year. (2) Comprehensive plan A State plan submitted under paragraph (1) may be submitted as part of the comprehensive plan under section 9302. (3) Duration of the plan (A) In general Each State plan shall— (i) remain in effect for the duration of the State’s participation under this part or 4 years, whichever is shorter; and (ii) be periodically reviewed and revised as necessary by the State educational agency to reflect changes in the State's strategies and programs under this part. (B) Additional information (i) Revised plans If a State makes significant changes to its plan, such as adopting new State academic content standards, new State student achievement standards, new academic assessments, or improved performance targets under subsection (a), the State shall submit a revised plan to the Secretary. (ii) Review of revised plans The Secretary shall review the information submitted under clause (i) and may, notwithstanding paragraph (4), approve or disapprove changes to the State plan without undertaking the peer-review or hearing process described in such paragraph. (C) Renewal A State educational agency that desires to continue participating in the program under this part shall submit a renewed plan every 4 years with improved performance targets. (4) Peer review and secretarial approval (A) Secretarial duties The Secretary shall— (i) establish a peer-review process that maximizes collaboration with each State to assist in the review of State plans; (ii) appoint expert individuals to the peer-review process who— (I) represent a regionally diverse cross-section of States; (II) are representative of parents, teachers, State educational agencies, and local educational agencies; and (III) are familiar with educational standards, assessments, accountability, the needs of focus and priority schools as described in subsections (c) and (d) of section 1116 and the needs of disadvantaged students, students who are children with disabilities, and other educational needs of students; (iii) ensure the peer-review process provides timely feedback from the peer-review panel to the States, and that such feedback shall be made publicly available, including through electronic means; (iv) not decline approval of a State plan before— (I) offering the State an opportunity to revise the State plan; (II) providing technical assistance to the State to meet the requirements of this subsection and subsections (a) and (c); and (III) upon the request of a State, providing a hearing; (v) have the authority to disapprove a State plan for not meeting the requirements of this part, and may deny approval to a State plan under this subsection that was recommended by the peer-review panel by making available written findings of the cause for such disapproval; (vi) approve a State plan not later than 120 days after its submission unless the Secretary determines that the plan does not meet the requirements of this section; (vii) if the Secretary determines that the State plan does not meet the requirements of this subsection and subsection (c), immediately notify the State in writing of such determination and the reasons for such determination; and (viii) not have the authority to require a State, as a condition of approval of the State plan, to include in, or delete from, such plan 1 or more specific elements of the State's academic content standards or to use specific academic assessment instruments or items. (B) State revisions A State plan shall be revised by the State educational agency if necessary to satisfy the requirements of this section. (c) Parent and family engagement Each State plan shall include a description of how the State will strengthen engagement of the parents and families in education (referred to in this subsection as the parent and family engagement plan (1) Statewide parent and family engagement strategy The parent and family engagement plan shall demonstrate how the State plans to increase and enhance the engagement of parents and family members in education throughout the State, through the implementation and replication of evidence-based or promising practices, in order to— (A) increase student academic growth and achievement, and college and career readiness; (B) provide parents and family members with the skills and opportunities necessary to become full partners in their child’s education; (C) improve child development; (D) strengthen relationships and partnerships among school personnel and parents and family members, to support student academic growth and achievement, and college and career readiness; (E) improve the ability of local educational agencies and schools to increase the participation of parents and family members in school improvement strategies, create opportunities for co-location and provision of services for parents and family members, and foster conditions for learning; and (F) focus the activities described in subparagraphs (A) through (E) in high-need local educational agencies and high-need schools. (2) Coordination; collection; dissemination The parent and family engagement plan shall describe how the State will— (A) ensure maximum coordination and minimum duplication of efforts (which may include the designation of a parent and family engagement coordinator) among, at a minimum— (i) Federal, State, and local programs; (ii) the State Advisory Councils on Early Childhood Education and Care; (iii) the parent and family information and resource centers established under part H of title IV; and (iv) appropriate non-Federal entities (including community-based and philanthropic organizations and court-appointed special advocates); (B) collect and disseminate best practices and research on parent and family engagement strategies to— (i) local educational agencies, including high-need local educational agencies, and high-need schools in the State, such as through parent and family engagement academies and other leadership development strategies; and (ii) institutions of higher education and other organizations with a demonstrated record of success in increasing the engagement of parents and family members in education; and (C) ensure that the process for reviewing local educational agency plans pursuant to section 1112 includes an assessment and response to each local educational agency regarding the extent to which such plans incorporate the best practices identified in subparagraph (B). (3) Technical assistance, training, and capacity-building The State parent and family engagement plan shall describe the evidence-based technical assistance, professional development, or other capacity-building strategies that the State will provide to, at a minimum, high-need local educational agencies and high-need schools, which— (A) shall include the provision of technical assistance to local educational agencies that serve schools identified as focus or priority schools under subsection (c) or (d) of section 1116; (B) shall include partnering with the appropriate parent and family information and resource centers; (C) may include assistance in developing, revising, or implementing the local educational agency plans submitted pursuant to section 1112 as such plans relate to supporting parent and family engagement, in conjunction with paragraph (2)(C); (D) may include assistance related to implementing evidence-based parent and family engagement strategies to providers of early care and education; and (E) may include assistance related to implementing evidence-based parent and family engagement strategies for English learner families, such as those described in section 3115(c)(5). (4) Leveraging resources Each State plan shall include a description of how the State will leverage resources of employers, business leaders, philanthropic and non-profit organizations, and other community members to increase and strengthen parent and family engagement. (d) Annual State report cards (1) In general A State that receives a grant under this part shall prepare and disseminate an annual report card for each public elementary school and secondary school in the State, each local educational agency in the State, and the State as a whole. (2) Requirements for all report cards The State shall ensure the school, local educational agency, and State report cards required under this subsection are— (A) uniform across the State; (B) concise; (C) presented in a format that is easily understandable and, to the extent practicable, provided in a language that parents can understand; and (D) accessible to the public, which shall include— (i) making the State report card and all local educational agency and school report cards available on a single webpage of the State's website; and (ii) providing a copy of a school's report card to the parents of each student enrolled in the school each year. (3) Required student information for school report cards Each school report card required under paragraph (1) shall include the following: (A) A clear and concise description of the State’s accountability system under subsection (a)(3), including a description of the criteria by which the State evaluates school performance, and the criteria that the State has established to determine the status of schools. (B) Information on each of the following for the school, in the aggregate and disaggregated and cross-tabulated by the subgroups described in subsection (a)(2)(B)(x) (except that such disaggregation or cross-tabulation shall not be required in a case in which the results would reveal personally identifiable information about an individual student): (i) Student achievement at each performance level on the State academic assessments that are included in the State's accountability system under subsection (a)(3). (ii) The percentage of students who do not take the State academic assessments. (iii) The most recent 3-year trend in student achievement in each subject area, and for each grade level, for such assessments. (iv) A comparison of the school's student academic assessment data to the State average for each tested subject. (v) (I) the number and percentage of students who are meeting or exceeding the State student academic achievement standards or are achieving sufficient academic growth, as determined in accordance with subsection (a)(3)(B)(iii), for each subject area and grade level; and (II) The most recent 3-year trend in student academic growth in each subject area, and for each grade level, for the State academic assessments. (vi) The number and percentage of students with the most significant cognitive disabilities who take an alternate assessment under subsection (a)(2)(E), by grade and subject. (vii) The number of students who are English learners, and the performance of such students, on the State’s English language proficiency assessments under sub (a)(2)(D), including the students' attainment of, and progress toward, higher levels of English language proficiency. (viii) For each high school— (I) student graduation rates, including— (aa) the 4-year adjusted cohort graduation rate, as defined in section 9101(30)(A); and (bb) the cumulative graduation rate, as defined in section 9101(30)(B); (II) not later than the beginning of the 2013–2014 school year, the rate at which students who graduated from the high school in the preceding year enrolled in institutions of higher education by the beginning of the next school year; and (III) not later than the beginning of the 2014–2015 school year, the rate of student remediation, in the aggregate, for high school graduates who enroll in public institutions of higher education in the State or in other institutions of higher education (to the extent obtaining the data regarding remediation from other institutions is practicable). (ix) Beginning not later than the 2015–2016 school year, the evaluation results of teachers and principals as measured by the State's professional growth and improvement system, except that such information shall not provide individually identifiable information on individual teachers and principals. (x) Discipline data with respect to all students in the school for the disciplinary exclusionary categories described in subparagraphs (A)(v), (D), and (E) of section 618(a)(1) of the Individuals with Disabilities Education Act. (xi) The percentage of students passing examinations related to coursework acceptable for postsecondary credit at institutions of higher education, such as Advanced Placement or International Baccalaureate examinations; (xii) Data regarding pregnant and parenting students in the State, including— (I) the number of pregnant and parenting students enrolled in secondary schools; (II) rates, and data regarding participation, of pregnant and parenting students in mainstream schools or in the schools in which the students originated; (III) rates, and data regarding participation, of pregnant and parenting students in alternative programs; (IV) the number and percentage of pregnant and parenting students who have achieved proficiency, as determined for purposes of subsection (a)(3)(B)(ii) in each grade and subject assessed; and (V) graduation rates for pregnant and parenting students. (xiii) The incidence of school violence, bullying, drug abuse, alcohol abuse, in-school student suspensions, out-of-school student suspensions, expulsions, referrals to law enforcement, school-based arrests, disciplinary transfers (including placements in alternative schools), and student detentions, for each category. (C) The average class size, by grade. (D) The school’s categorization, if applicable, in the State school accountability and improvement system under section 1116. (E) The most recently available academic achievement results in grades 4 and 8 of the State’s students on the National Assessment of Educational Progress in reading and mathematics, including the percentage of students at each achievement level in the aggregate and by the groups described in section 303(b)(2)(G) of the National Assessment of Educational Progress Authorization Act ( 20 U.S.C. 9622(b)(2)(G) (F) The number of local educational agencies in the State that implement positive behavioral interventions and supports. (G) The number of students— (i) who are served through the use of early intervening services; and (ii) who, in the preceding 2-year period, received early intervening services and who, after receiving such services, have been identified as eligible for, and receive, special education and related services under part B of the Individuals with Disabilities Education Act. (H) The number of local educational agencies in the State that implement school-based mental health programs. (4) Optional information A State may include in each school report card such other information as the State believes will best provide parents, students, and other members of the public with information regarding the progress of each of the State's public elementary and secondary schools. Such information may include— (A) interscholastic athletic program indicators by gender, including number of participants, expenditures, number of coaches, and number of competitive events; (B) indicators of school climate; (C) student attendance; and (D) school readiness of students in kindergarten. (5) Local educational agency and state report cards Each local educational agency report card and State report card required under paragraph (1)— (A) shall include the data described in clauses (i) through (xiv) of paragraph (3)(B) for the local educational agency or State, respectively, as a whole and disaggregated by the subgroups described in subsection (a)(2)(B)(x); (B) in the case of a State report card, shall include the data described in paragraph (3)(B)(viii) disaggregated by status as a child in foster care, except that such disaggregation shall not be required in a case in which the number of students in the category would reveal personally identifiable information about an individual student; (C) in the case of a local educational agency report card, shall include information regarding the assessments administered annually, by grade level and subject, and, for each assessment, whether the assessment is required by Federal, State, or local statute, regulation, or policy; and (D) may include any optional information described in paragraph (4) for the local educational agency or State, respectively. (6) Data A State shall only include in a school report card or local educational agency report card, data that do not reveal personally identifiable information about an individual student or teacher. (7) Preexisting report cards A State educational agency or local educational agency that was providing public report cards on the performance of students, schools, local educational agencies, or the State prior to the date of enactment of the Strengthening America's Schools Act of 2013 (8) Cost reduction Each State educational agency and local educational agency receiving assistance under this part shall, wherever possible, take steps to reduce data collection costs and duplication of effort by obtaining the information required under this subsection through existing data collection efforts. (9) Cross-tabulated data not used for accountability Groups of students obtained by cross-tabulating data under this subsection shall not be considered to be subgroups under section 1116. Such cross-tabulated data shall not be used to determine whether a school is a focus or priority school under subsection (c) or (d) of section 1116. (e) Reporting (1) Annual State report Each State educational agency that receives assistance under this part shall report annually to the Secretary, and make widely available within the State— (A) information on the State's progress in developing and implementing the academic assessments described in subsection (a)(2); (B) information on the achievement and academic growth of students, including results disaggregated (except in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student) by the subgroups described in subsection (a)(2)(B)(x) and by status as a child in foster care; (C) information on any changes in status for all public schools in the State, in accordance with the State's system of differentiation described in subsection (a)(3)(A)(ii) and the categories required under section 1116; (D) in any year before the State begins to provide the information described in subparagraph (B), information on the results of student academic assessments (including results disaggregated by the subgroups described in subsection (a)(2)(B)(x)) required under this section; (E) information on the acquisition of English language proficiency by students who are English learners; (F) the number of schools, and the name of each school, identified as a focus or priority school under subsection (c) or (d) of section 1116; and (G) the number of schools identified as blue ribbon schools under section 1131 and the name of each such school. (2) Secretary's report card and biennial evaluation report (A) Secretary's report card Not later than July 1, 2014, and annually thereafter, the Secretary shall prepare and submit to the authorizing committees a national report card on the status of elementary and secondary education in the United States. Such report shall— (i) analyze existing data from State reports required under this Act, the Individuals with Disabilities Education Act, and the Carl D. Perkins Career and Technical Education Act of 2006, and summarize major findings from such reports; (ii) analyze data from the National Assessment of Educational Progress and international assessments, including the Third International Mathematics and Science Survey; (iii) identify trends in student achievement, student academic growth, student performance, and high school graduation rates, by analyzing and reporting on the status and performance of subgroups of students, including subgroups based on race, ethnicity, and socioeconomic status and the subgroups of children with disabilities and English learners; (iv) compare the performance of students, including the subgroups described in clause (iii), across States and local educational agencies across the United States; (v) identify and report on promising practices, areas of greatest improvement in student achievement and educational attainment, and other examples worthy of national attention; (vi) identify and report on areas of educational concern that warrant national attention; and (vii) (I) analyze existing data, as of the time of the report, on Federal, State, and local expenditures on education, including per pupil spending, teacher salaries and pension obligations, school level spending, and other financial data publicly available; and (II) report on current trends and major findings resulting from the analysis. (B) Special rule The information used to prepare the report described in subparagraph (A) shall be derived from existing State and local reporting requirements and data sources. Nothing in this paragraph shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary not otherwise explicitly authorized by any other Federal law. (C) Biennial report The Secretary shall transmit biennially to the authorizing committees a report that provides national and State-level data on the information collected under paragraph (1). (f) Penalties If a State that receives a grant under this part fails to meet any requirement of this part, the Secretary may withhold funds for State administration under this part until the Secretary determines that the State has fulfilled those requirements. (g) Parents' right-to-Know (1) Qualifications At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student's classroom teachers, including, at a minimum, the following: (A) Whether the teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction. (B) Whether the teacher is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived. (C) The baccalaureate degree major of the teacher and any other graduate certification or degree held by the teacher, and the field of discipline of the certification or degree. (D) Whether the student is provided services by paraprofessionals and, if so, their qualifications. (2) Equity report card A local educational agency that receives funds under this part shall make available to parents, separately or as a clearly identified part of the school report card, and through easily accessible means, including electronic means, the following information for each school: (A) student achievement data at each performance level, for each category of students described in subsection (a)(3)(B)(ii), on the State academic assessments included in the State accountability system under subsection (a)(3), disaggregated by the subgroups described in subsection (a)(2)(B)(x); (B) Individual school funding by source, including Federal, State, and local funding and grants; (C) For each high school, the 4-year adjusted cohort graduation rate, as described in section 9101(32)(A), and the rate at which students graduating from the high school in the preceding year enrolled in institutions of higher education by the beginning of the next school year; (D) Data regarding educational opportunity participation, which data— (i) shall include, at a minimum, prekindergarten and full-day kindergarten opportunities for children and opportunities for Advanced Placement or International Baccalaureate course work; and (ii) may include such opportunities as dual enrollment, gifted programming, and other educational programming. (E) Information regarding each school’s school climate, including student survey results and school discipline data, which may include information such as the incidence of school violence, bullying, in-school student suspensions, out-of-school student suspensions, expulsions, referrals to law enforcement, school-based arrests, disciplinary transfers (including placements in alternative schools), and student detentions. (F) Other data that, in conjunction with the local educational agency report card described in subsection (d), is determined, by the State or local educational agency in consultation with parents, families, and educators, to be necessary to allow parents, families, and community members to understand, and compare with other schools in the local educational agency and across the State, the resources available to the school that influence the outcomes for students. (3) Additional information In addition to the information that parents of students may request under paragraph (1), a school that receives funds under this part shall provide to each individual parent, with respect to the student— (A) information on the level of achievement and academic growth of the student on each of the State academic assessments as required under this part; and (B) timely notice that the student has been assigned, or has been taught for 4 or more consecutive weeks by, a teacher who does not hold a State qualification or license to teach at the grade level and subject area in which the teacher has been assigned. (4) Format The notice and information provided to parents under this subsection shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. (h) Privacy Information collected under this section shall be collected and disseminated in a manner that protects the privacy of individuals. (i) Technical assistance The Secretary shall provide a State educational agency, at the State educational agency's request, with technical assistance in meeting the requirements of this section. (j) Construction Nothing in this part shall be construed to prescribe the use of the academic assessments described in this part for student promotion or graduation purposes. (k) Special rule with respect to bureau-funded schools In determining the assessments to be used by each school operated or funded by the Bureau of Indian Education of the Department of Interior that receives funds under this part, the following shall apply: (1) State accredited schools Each such school accredited by the State in which it is operating shall use the assessments the State has developed and implemented to meet the requirements of this section, or such other appropriate assessment as approved by the Secretary of the Interior. (2) Regionally accredited schools Each such school accredited by a regional accrediting organization shall adopt appropriate assessments, in consultation with and with the approval of, the Secretary of the Interior and consistent with assessments adopted by other schools in the same State or region, that meets the requirements of this section. (3) Tribally accredited schools Each such school accredited by a tribal accrediting agency or tribal division of education shall use assessments developed by such agency or division, except that the Secretary of the Interior shall ensure that such assessments meet the requirements of this section. . 1112. Local educational agency plans Section 1112 (20 U.S.C. 6312) is amended to read as follows: 1112. Local educational agency plans (a) Plans required (1) Subgrants A local educational agency may receive a subgrant under this part for any fiscal year only if such agency has on file with the State educational agency a plan, approved by the State educational agency, that is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Carl D. Perkins Career and Technical Education Act of 2006, the McKinney-Vento Homeless Assistance Act, and other Acts, as appropriate, and activities under title IX of the Education Amendments of 1972. (2) Consolidated application The plan may be submitted as part of a consolidated application under section 9305. (b) Plan development and duration (1) Consultation Each local educational agency plan shall be developed in consultation with— (A) teachers, principals, administrators, and other appropriate school personnel; (B) representatives of early childhood education programs in the geographic area served by the local educational agency, as appropriate; and (C) parents and family members of children in schools served under this part. (2) Duration Each local educational agency plan shall be submitted pursuant to this section for the first year for which this part is in effect following the date of enactment of the Strengthening America's Schools Act of 2013 (3) Review Each local educational agency shall periodically review and, as necessary, revise its plan to reflect changes in the local educational agency’s strategies and programs under this part, and changes in the State performance targets under section 1111(a)(3). (4) Renewal A local educational agency that desires to continue participating in the program under this part shall submit a renewed plan on a periodic basis, as determined by the State. (c) State approval (1) In general Each local educational agency plan shall be filed according to a schedule established by the State educational agency. (2) Approval The State educational agency shall approve a local educational agency’s plan only if the State educational agency determines that the local educational agency’s plan— (A) enables schools served under this part to substantially help children served under this part meet the academic content and student academic achievement standards expected of all children described in section 1111(a)(1) and the performance targets described in section 1111(a)(3)(C); and (B) meets the requirements of this part. (d) Plan provisions In order to help low-achieving children meet college and career ready student academic achievement standards, and to close the achievement gap between high- and low-achieving children each local educational agency plan shall describe each of the following: (1) How the local educational agency will work with each of the schools served by the agency to— (A) develop and implement a comprehensive program of instruction to meet the academic needs of all students; (B) identify quickly and effectively students who may be at risk for academic failure; (C) provide additional educational assistance to individual students assessed as needing help in meeting the State’s college and career ready student academic achievement standards; (D) identify significant gaps in student achievement among subgroups of students identified under section 1111(a)(2)(B)(x) and develop strategies to reduce such gaps in achievement; and (E) identify and implement effective methods and instructional strategies that are based on scientifically valid research intended to strengthen the core academic programs of the schools, including using multi-tiered systems of support, universal design for learning, and positive behavioral interventions and supports. (2) How the local educational agency will monitor and evaluate the effectiveness of school programs in improving student academic achievement and academic growth, especially for students described in section 1111(a)(3)(B)(ii)(II). (3) The strategy the local educational agency will use to implement effective parent and family engagement under section 1118. (4) How the local educational agency will coordinate and integrate services provided under this part with other high-quality early childhood education programs at the local educational agency or individual school level (including programs under section 619 of the Individuals with Disabilities Education Act) that include plans for the transition of participants in such programs to local elementary school programs and, if appropriate, a description of how the local educational agency will use funds under this part to support preschool programs for children, particularly children participating in a Head Start program, which may be provided directly by the local educational agency or through a subcontract with the Head Start agency designated by the Secretary of Health and Human Services under section 641 of the Head Start Act, or another comparable public early childhood education program. (5) How activities under this part will be coordinated and integrated with Federal, State, and local services and programs, including programs supported under this Act, the Carl D. Perkins Career and Technical Education Act of 2006, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, the Head Start Act, the Child Care and Development Block Grant Act of 1990, and the Workforce Investment Act of 1998, violence prevention programs, nutrition programs, and housing programs. (6) How the local educational agency will coordinate and integrate services provided under this part with local workforce development programs that serve disadvantaged or out-of-school youth, such as those providing workforce investment activities under chapter 4 of subtitle B of title I of the Workforce Investment Act of 1998, including a description of how the local educational agency will use funds under this part to support such activities. (7) The poverty criteria that will be used to select school attendance areas under section 1113. (8) How teachers, in consultation with parents and family members, administrators, and specialized instructional support personnel, in targeted assistance schools under section 1115, will identify the eligible children most in need of services under this part. (9) How the local educational agency will identify and address any disparities in the equitable distribution of teachers, consistent with the requirements of section 1111(b)(1)(L). (10) How the local educational agency will provide for the equitable distribution of elementary school teachers, and of secondary school teachers, within local educational agencies and the State using data on the percentage and distribution of the categories of teachers described in subsection (e)(13). (11) A general description of the nature of the programs to be conducted by such agency's schools under sections 1114 and 1115 and, where appropriate, educational services outside such schools for children living in local institutions for neglected or delinquent children, and for neglected and delinquent children in community day school programs. (12) A description of— (A) how the local educational agency will provide opportunities for the enrollment, attendance, and success of homeless children and youths; and (B) the services the local educational agency will provide homeless children and youths, including services provided with funds reserved under section 1113(c)(3), and how those services may differ from those provided in prior years. (13) A description of the support the local educational agency will provide for homeless children and youths, consistent with the requirements of the McKinney-Vento Homeless Assistance Act. (14) For each quartile of schools in the local educational agency based on school poverty level and for high-minority schools and low-minority schools in the local educational agency, data regarding access at the high school level to rigorous coursework, including— (A) access to opportunities to earn postsecondary credit while in high school, such as through Advanced Placement and International Baccalaureate courses and examinations, and dual enrollment; and (B) student performance on Advanced Placement and International Baccalaureate course examinations. (15) How the local educational agency will identify and address any disparity within the student subgroups described in section 1111(a)(3)(D) in equitable access to rigorous coursework, including access to opportunities described in paragraph (14)(A). (16) How the local educational agency will engage in timely, on-going, and meaningful consultation with representatives of Indian tribes in the area served by such local educational agency to improve the coordination of activities under this Act and to meet the unique cultural, language, and academic needs of Indian and Native Hawaiian students. (17) How the local educational agency will implement strategies to facilitate effective transitions for students from middle school to high school and from high school to postsecondary education. (18) If the local educational agency proposes to use subgrant funds under this part for positive behavioral interventions and supports, a description of the actions the local educational agency will take to provide positive behavioral interventions and supports and coordinate those activities with activities carried out under the Individuals with Disabilities Education Act. (19) If the local educational agency proposes to use subgrant funds under this part for early intervening services, a description of the actions the local educational agency will take to provide early intervening services and coordinate those services with early intervening services carried out under the Individuals with Disabilities Education Act. (20) If the local educational agency proposes to use subgrant funds under this part for school-based mental health programs, a description of the actions the local educational agency will take to provide school-based mental health programs and coordinate those activities with activities carried out under the Individuals with Disabilities Education Act. (21) If the local educational agency proposes to use subgrant funds under this part for periodically updating the crisis management plan of the local educational agency, as described in section 4202(d)(5)(B)(iv), a description of the actions the local educational agency will take to develop and implement an updated crisis management plan. (22) A description of how the local educational agency will plan for pregnant and parenting students to be enrolled, attend, and succeed in school. (e) Assurances Each local educational agency plan shall provide assurances that the local educational agency will— (1) use the results of the academic assessments required under section 1111(a)(2), and other measures or indicators available to the agency, to review annually the progress of each school served by the agency and receiving funds under this part to determine whether all of the schools are making the progress necessary to ensure all students will be performing at or above grade level on the State academic assessments required under such section, in accordance with the ambitious targets described in the State plan under section 1111(a)(3)(C); (2) provide to parents and teachers the results from the academic assessments required under section 1111(a)(2) as soon as is practicably possible after the test is taken in an understandable and uniform format and, to the extent possible, provided in a language that the parents and, to the greatest extent practicable, family members, can understand; (3) participate, if selected, in State academic assessments of student achievement in reading and mathematics in grades 4 and 8 carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act; (4) fulfill such agency’s school improvement responsibilities under section 1116; (5) ensure that migratory children who are eligible to receive services under this part are selected to receive such services on the same basis as other children who are selected to receive services under this part; (6) engage in timely and meaningful consultation with representatives of Indian tribes located in the area served by the local educational agency; (7) provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1120, and timely and meaningful consultation with private school officials regarding such services; (8) inform eligible schools of the local educational agency's authority to obtain waivers on the school’s behalf under applicable Federal flexibility provisions; (9) in the case of a local educational agency that chooses to use funds under this part to provide early childhood education services to low-income children below the age of compulsory school attendance, ensure that such services comply with the education performance standards in effect under section 641A(a)(1)(B) of the Head Start Act; (10) comply with the requirements of section 1501 that relate to the local educational agency and describe the local educational agency's plan to ensure such compliance; (11) comply with the requirements of subtitle B of title VII of the McKinney-Vento Homeless Assistance Act that relate to the local educational agency; (12) annually submit to the State educational agency the information contained in each school equity report card described in section 1111(g)(2); and (13) annually submit to the State educational agency, for each quartile of schools in the local educational agency based on school poverty level and for high-minority schools and low-minority schools in the local educational agency, data regarding the percentage and distribution of the following categories of teachers: (A) Teachers who are new. (B) Teachers who have not completed a teacher preparation program. (C) Teachers who are not teaching in the subject or field for which the teacher is certified or licensed. (D) Where applicable, teachers who have the highest or lowest ratings in a professional growth and improvement system. (f) Parental notification regarding language instruction programs (1) In general Each local educational agency using funds under this part to provide a language instruction educational program as determined under part C of title III shall, not later than 30 days after the beginning of the school year, inform a parent or parents of an English learner identified for participation or participating in, such a program of— (A) the reasons for the identification of their child as an English learner and in need of placement in a language instruction educational program; (B) the child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement; (C) the methods of instruction used in the program in which their child is, or will be, participating, and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction; (D) how the program in which their child is, or will be, participating, will meet the educational strengths and needs of their child; (E) how such program will specifically help their child learn English, and meet age-appropriate academic achievement standards for grade promotion and graduation; (F) the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for English learners, and the expected rate of graduation from secondary school for such program if funds under this part are used for children in secondary schools; (G) in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child; and (H) information pertaining to parental rights that includes written guidance— (i) detailing— (I) the right that parents have to have their child immediately removed from such program upon their request; and (II) the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and (ii) assisting parents in selecting among various programs and methods of instruction, if more than 1 program or method is offered by the eligible entity. (2) Notice The notice and information provided in paragraph (1) to a parent or parents of a child identified for participation in a language instruction educational program for English learners shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. (3) Special rule applicable during the school year For those children who have not been identified as English learners prior to the beginning of the school year and who are subsequently so identified, the local educational agency shall notify the parents of such children within the first 2 weeks of the child being placed in a language instruction educational program consistent with paragraphs (1) and (2). (4) Parental participation Each local educational agency receiving funds under this part shall implement an effective means of outreach to parents and, to the extent practicable, family members, of English learner students to inform the parents and family members regarding how the parents and family members can be involved in the education of their children, and be active participants in assisting their children to attain English proficiency, achieve at high levels in core academic subjects, and meet college and career ready State student academic achievement standards and State academic content standards expected of all students, including holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents and family members of students assisted under this part. (5) Basis for admission or exclusion A student shall not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status. . 1113. Eligible school attendance areas Section 1113 (20 U.S.C. 6313) is amended— (1) in subsection (a)— (A) by striking paragraph (3) and inserting the following: (3) Ranking order (A) In general Except as provided in subparagraph (B), if funds allocated in accordance with subsection (c) are insufficient to serve all eligible school attendance areas, a local educational agency shall— (i) annually rank, without regard to grade spans, such agency's eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent, or exceeds 50 percent in the case of the high schools served by such agency, from highest to lowest according to the percentage of children from low-income families; and (ii) serve such eligible school attendance areas in rank order. (B) Applicability A local educational agency shall not be required to reduce, in order to comply with subparagraph (A), the amount of funding provided under this part to elementary schools and middle schools from the amount of funding provided under this part to such schools for the fiscal year preceding the data of enactment of the Strengthening America's Schools Act of 2013 ; (B) by striking paragraph (5) and inserting the following: (5) Measures (A) In general Except as provided in subparagraph (B), the local educational agency shall use the same measure of poverty, which measure shall be the number of children ages 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act, the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or the number of children eligible to receive medical assistance under the Medicaid program, or a composite of such indicators, with respect to all school attendance areas in the local educational agency— (i) to identify eligible school attendance areas; (ii) to determine the ranking of each area; and (iii) to determine allocations under subsection (c). (B) Low-income families in secondary schools For measuring the number of students in low-income families in secondary schools, the local educational agency shall use the same measure of poverty, which shall be the calculation producing the greater of the results from among the following 2 calculations: (i) The calculation described under subparagraph (A). (ii) A feeder pattern described in subparagraph (C). (C) Feeder pattern In this part, the term feeder pattern ; and (C) by adding at the end the following: (8) Reservation for early childhood education A local educational agency may reserve funds made available to carry out this section for early childhood education in eligible school attendance areas before making allocations to high schools in eligible school attendance areas pursuant to this section. ; and (2) in subsection (c)— (A) by striking paragraph (3) and inserting the following: (3) Reservation for homeless children and youth and other at-risk children (A) Funds for homeless children and youth and other at-risk children A local educational agency shall reserve such funds as are necessary under this part to serve— (i) homeless children who are attending any public school served by the local educational agency, including providing educationally related support services to children in shelters and other locations where children may live; (ii) children in local institutions for neglected children; (iii) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day programs; and (iv) children in foster care (as defined in section 1502), including providing points of contact (as described in section 1501(d)) in local educational agencies for child welfare agencies and children in foster care. (B) Reservation of funds Notwithstanding the requirements of subsections (b) and (c) of section 1120A, funds reserved under subparagraph (A) may be used to provide homeless children and youths with services not ordinarily provided to other students under this part, including— (i) providing funding for the liaison designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act; (ii) providing transportation pursuant to section 722(g)(1)(J)(iii) of such Act; (iii) providing services to preschool-aged homeless children and homeless secondary school students; (iv) providing support services to homeless children and youths in shelters and other locations where they may live; and (v) removing barriers to homeless children and youths’ enrollment, attendance, retention, and success in school. (C) Amount reserved The amount of funds reserved in accordance with subparagraph (A)(i) shall be determined by an assessment of the needs of homeless children and youths in the local educational agency. Such needs assessment shall include the following: (i) Information related to child, youth, and family homelessness in the local educational agency obtained through the coordination and collaboration required under subsections (f)(4) and (g)(5) of section 722 of the McKinney-Vento Homeless Assistance Act. (ii) The number of homeless children and youths reported by the local educational agency to the State educational agency under section 722(f)(3) of the McKinney-Vento Homeless Assistance Act for the previous school year. ; and (B) in paragraph (4), by striking eligible under this section and identified for school improvement, corrective action, and restructuring under section 1116(b) identified as a priority school under section 1116(d) 1114. Schoolwide programs Section 1114 ( 20 U.S.C. 6314 (1) in subsection (a)— (A) in paragraph (1), by adding at the end the following: Funds under this part may be used to support evidence-based activities that address needs identified through the comprehensive needs assessment under subsection (b)(1)(A) and consistent with the schoolwide program. (B) in paragraph (2)— (i) in subparagraph (A)(ii), by striking provide identify particular services as supplemental. (ii) by striking subparagraph (B) and inserting the following: (B) Supplemental funds (i) In general A local educational agency serving a school participating in a schoolwide program shall use funds available to carry out this section only to supplement the aggregate amount of funds that would, in the absence of funds under this part, be made available from State and local sources for the school, including funds needed to provide services that are required by law for children with disabilities and children who are English learners. (ii) Compliance To demonstrate compliance with clause (i), a local educational agency shall demonstrate that the methodology it uses to allocate State and local funds to each school receiving funds under this part ensures the school receives all of the State and local funds the school would otherwise receive if it were not receiving funds under this part. (iii) Nonapplicability Section 1120A(b) shall not apply to schools operating schoolwide programs under this section. ; (C) in paragraph (3)(B)— (i) by inserting or civil rights, (ii) by striking , services to private school children, maintenance of effort, comparability of services, uses of Federal funds to supplement, not supplant non-Federal funds, or the distribution of funds to State educational agencies or local educational agencies (D) by striking paragraph (4) and inserting the following: (4) External providers A school may carry out a schoolwide program under this subsection through an external provider if the school demonstrates, in the plan required under subsection (b)(2), that the external provider has expertise in using strategies and programs that are based on scientifically valid research to improve teaching, learning, and schools. ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) by striking section 1309(2) section 1312 (II) by striking section 1111(b)(1) section 1111(a)(1) (ii) in subparagraph (B)— (I) in clause (i), by striking to meet the State's proficient and advanced levels of student academic achievement described in section 1111(b)(1)(D) to be proficient or advanced students, as described in section 1111(a)(3)(B)(ii)(I) (II) in clause (ii), by striking scientifically based research scientifically valid research (III) in clause (iii)— (aa) in subclause (I)— (AA) in item (aa), by striking pupil services specialized instructional support services (BB) in item (bb), by striking and (CC) in item (cc), by striking vocational and technical education programs; and career and technical education programs; (DD) by adding at the end the following: (dd) implementation of schoolwide positive behavioral interventions and supports, including through coordination with activities carried out under the Individuals with Disabilities Education Act, in order to improve academic outcomes for students and reduce the need for suspensions, expulsions, and other actions that remove students from instruction; and (ee) implementation of early intervening services, including through coordination with early intervening services carried out under the Individuals with Disabilities Education Act; ; and (bb) in subclause (II), by striking and (cc) by adding at the end the following: (III) a multi-tier system of supports and positive behavioral interventions and supports; and (IV) support for programs, activities, courses, and professional development in the core academic subjects that are targeted toward assisting children described in subclause (I) in meeting the academic content and student academic achievement standards described in section 1111(a)(1); and ; (iii) in subparagraph (C), by inserting and highly rated qualified (iv) by striking subparagraphs (D) and (F); (v) by redesignating subparagraphs (E), (G), (H), (I), and (J), as subparagraphs (D), (E), (F), (G), and (H), respectively; (vi) in subparagraph (D), as redesignated by clause (v), by inserting and highly rated qualified (vii) in subparagraph (E), as redesignated by clause (v), by striking , Even Start, Early Reading First, , programs under part A of title IV, (viii) in subparagraph (F), as redesignated by clause (v), by striking section 1111(b)(3) section 1111(a)(2) (ix) in subparagraph (G), as redesignated by clause (v), by striking proficient or advanced levels of academic achievement standards required by section 1111(b)(1) proficient and advanced levels of academic achievement standards described in section 1111(a)(1)(A)(iv) (B) in paragraph (2)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by striking No Child Left Behind Act of 2001), in consultation with the local educational agency and its school support team or other technical assistance provider under section 1117, Strengthening America's Schools Act of 2013 (II) in clause (iv), by striking section 1111(b)(3) section 1111(a)(2) (ii) in subparagraph (B)— (I) in clause (i)— (aa) in subclause (I), by striking , after considering the recommendation of the technical assistance providers under section 1117, (bb) in subclause (II), by striking the No Child Left Behind Act of 2001 the Strengthening America's Schools Act of 2013 (II) in clause (ii), by striking pupil services personnel specialized instructional support personnel (III) in clause (v), by striking Reading First, Early Reading First, Even Start, part A of title IV, (3) in subsection (c), by striking Even Start programs or Early Reading First programs programs under part A of title IV 1115. Targeted assistance schools Section 1115 ( 20 U.S.C. 6315 (1) in subsection (b)— (A) in paragraph (1)(B)— (i) by striking challenging college and career ready (ii) by striking except that including children who are at risk of failing to be ready for elementary school. (B) in paragraph (2)— (i) in subparagraph (A), by striking or limited English proficient children , or English learners (ii) by striking subparagraph (B) and inserting the following: (B) Head Start or literacy programs A child who, at any time in the 2 years preceding the year for which the determination is made, participated in a Head Start program, a program under part A of title IV, or in preschool services under this title, is eligible for services under this part. ; (2) in subsection (c)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking challenging college and career ready (ii) in subparagraph (A), by striking challenging college and career ready (iii) in subparagraph (C)— (I) in the matter preceding clause (i), by striking scientifically based research scientifically valid research (II) in clause (ii), by striking and (III) by adding at the end the following: (iv) may include a multi-tier system of supports and positive behavioral supports; and (v) may include support for programs, activities, courses, and professional development in the core academic subjects that are targeted toward children described in subclause (I) to enable such children to meet the academic content and student academic achievement standards described in section 1111; ; (iv) in subparagraph (D), by striking Even Start, Early Reading First programs under part A of title IV, (v) in subparagraph (E), by inserting and highly rated qualified (vi) in subparagraph (F)— (I) by striking subsection (e)(3) and (II) by striking pupil services personnel specialized instructional support personnel (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking proficient and advanced on-track and advanced (ii) in subparagraph (B), by striking challenging college and career ready (3) in subsection (e)(2)(B)(iii), by striking pupil services personnel specialized instructional support personnel 1116. School performance Section 1116 ( 20 U.S.C. 6316 1116. School performance (a) School accountability and improvement system (1) In general Each State receiving a grant under this part shall establish a school accountability and improvement system that— (A) is part of the accountability system required under section 1111(a)(3) and implements the requirements of such system; (B) supports schools that are not meeting the State's performance targets under section 1111(a)(3)(C) for all students; and (C) identifies the public elementary schools and secondary schools in the State that will need local interventions under subsection (b), that are focus schools under subsection (c), and that are priority schools under subsection (d), and the processes to be used to improve schools in each category, in accordance with this section and section 2123(b). (2) Review and approval The State shall include information describing the school accountability and improvement system in the State plan under section 1111(b), which shall be subject to peer review and approval by the Secretary as part of the State plan, in accordance with such section. (b) Local interventions; reporting (1) Local interventions Beginning in the 2015–2016 school year, each local educational agency receiving a subgrant under this part shall— (A) identify each school that, after 2 consecutive years, has not met the same performance target described in section 1111(a)(3)(C) for the same subgroup described in section 1111(a)(3)(D); and (B) ensure that such school, in collaboration with the local educational agency, develops and implements a locally designed intervention to improve student achievement in each such subgroup. (2) Reporting Each local educational agency that implements locally designed interventions under paragraph (1) to support schools that have not met performance targets for a subgroup will report to the State educational agency regarding the resources and interventions used to address the achievement of students in the subgroup, and the outcomes of those efforts. The State educational agency shall annually select the interventions with exemplary outcomes, share such interventions and outcomes with the public, and communicate such interventions and outcomes to the Secretary. (3) Lack of improvement Each school served under this part that has been identified as a school that has not met the same subgroup performance target, as described in paragraph (1), for the preceding 3 consecutive years shall work with the State educational agency to implement a State-approved intervention based on established best practices within State. (c) Focus schools (1) Identification Beginning in the 2015–2016 school year, a State shall identify as a focus school, for the 3-year period following the school's identification period (except as provided in paragraph (2))— (A) each public school in the State that— (i) is not identified as a priority school under subsection (d); and (ii) is in the 10 percent of such schools with the greatest achievement gaps among the subgroups described in section 1111(a)(3)(D) as compared to the statewide average, as determined by the State academic assessments under section 1111(a)(2); and (B) each public high school in the State that— (i) is not identified as a priority school under subsection (d); and (ii) is in the 10 percent of such schools with the greatest graduation rate gaps among such subgroups as compared to the statewide averages. (2) Improvement strategies For each focus school identified under paragraph (1), the local educational agency serving the school shall, in accordance with the State accountability system described in section 1111(a)(3), develop and implement a measurable and data-driven correction plan to improve the performance of low-achieving subgroups in the school in order to close achievement gaps. A correction plan under this paragraph shall be developed with input from teachers, parents, community members, and other stakeholders. (3) State waiver If a State determines that all schools that would otherwise be considered to be the lowest-achieving 10 percent of schools with the greatest achievement gap, or graduation rate gap, under paragraph (1), are actually performing at a satisfactory level of performance, the State may apply to the Secretary to waive the requirements of this subsection with respect to such schools. (4) Improvement The State educational agency shall no longer identify a school that has been identified as a focus school for any remainder of the school's 3-year identification period if— (A) at any time during the 3-year period for which a school is so identified, the school has met all of its performance targets as described in section 1111(a)(3)(C) for the school year; or (B) after 2 years of the 3-year period, the State determines, based on the most current data, that the school's rate of improvement is sufficient to enable the school to meet all of the school's performance targets by the end of the 3-year period. (d) Priority schools (1) Identification (A) In general Beginning in the 2015–2016 school year, a State shall identify as a priority school, for the 3-year period following the school's identification (except as provided in paragraph (5))— (i) each school served under this part in the State that is in the lowest-achieving 5 percent of elementary schools; (ii) each school served under this part in the State that is in the lowest-achieving 5 percent of secondary schools; (iii) each public high school in the State with a graduation rate of less than 60 percent; and (iv) each school served under this part that has been identified as a focus school under subsection (c) for the 6 preceding consecutive years. (B) State waiver If a State determines that all schools that would otherwise be considered to be the lowest-achieving 5 percent of schools under clause (i), are actually performing at a satisfactory level of performance based on the measures used by the State to identify priority schools, the State may apply to the Secretary to waive the requirements of this subparagraph, and paragraphs (2) through (5), for such schools. (2) Needs analysis Each local educational agency receiving assistance under this part shall conduct a data-driven needs analysis, which may involve an external partner with expertise in conducting such needs analysis, of each school identified as a priority school, as the case may be, to determine the most appropriate school improvement strategies to improve student performance. Such needs analysis shall include— (A) a diagnostic review of data related to students and instructional staff; (B) an analysis of the school governance, curriculum, instruction, student supports, conditions for learning, and parent and family engagement practices relative to the needs of the student population; and (C) the resources, which may include community-based supports and early childhood education, available at the school, local educational agency, and community levels to meet student needs and support improved student achievement and outcomes and the implementation of any school improvement strategy. (3) State and local responsibilities for identified schools (A) State responsibilities Each State receiving a grant under this part shall ensure that a local educational agency receiving assistance under this part carries out the requirements of subparagraph (B) for each school identified as a priority school under paragraph (1) in the State. (B) Local educational agency responsibilities Each local educational agency receiving assistance under this part shall, consistent with the State's accountability system under section 1111(a)(3)— (i) establish a process for selecting an appropriate school improvement strategy for each school described in subparagraph (A) that is served by the local educational agency; (ii) select the school improvement strategy to be used in each such school and the timeline for implementing the selected school improvement strategy in such school; (iii) develop a detailed budget covering the 3-year identification period, including planned expenditures at the school level for activities supporting full and effective implementation of the selected school improvement strategy; (iv) implement a school improvement strategy at the school in accordance with the requirements of paragraph (4); (v) use appropriate measures to monitor the effectiveness of the implementation; (vi) review and select turnaround partners to assist in implementing school improvement strategies; (vii) align other Federal, State, and local resources with the school improvement strategy; (viii) provide the school with the operational flexibility, including autonomy over staffing, time, and budget, needed to enable full and effective implementation of the selected strategy, including through the modification of practices or policies, if necessary; (ix) collect and use data on an ongoing basis to adjust implementation of the school improvement strategy to improve student achievement; (x) provide an assurance that the implementation of the selected school improvement strategy addresses the needs of all the subgroups of students described in section 1111(a)(3)(D) in the school; (xi) take steps to sustain successful reforms and practices after the school is no longer identified as a priority school; (xii) provide technical assistance and other support to ensure students graduate from high school college- and career-ready, as determined by the State's academic content standards under section 1111(a)(1), through the effective implementation of the school improvement strategy in the school, which— (I) may include assistance in— (aa) data collection and analysis; (bb) recruiting and retaining staff; (cc) teacher and principal evaluation; (dd) professional development; (ee) parent and family engagement; (ff) coordination of services with high-quality early childhood education providers; (gg) coordination of services to address students’ social, emotional, and health needs; and (hh) monitoring the implementation of the school improvement strategy selected under paragraph (4); and (II) shall include assistance in the implementation of schoolwide positive behavior supports, school-based mental health programs, and other approaches with evidence of effectiveness, for improving the learning environment in the school and reducing the need for suspensions, expulsions, and other actions that remove students from instruction, including effective strategies for improving coordination of community resources; (xiii) establish partnerships with employers, institutions of higher education, service providers, and others to assist in implementing school improvement strategies described in paragraph (4); and (xiv) review school discipline and climate data, disaggregated by each subgroup described in section 1111(a)(3)(D), in assessing the needs of the school and, if low-achieving subgroups receive a disproportionate amount of suspensions, expulsions, or other forms of exclusionary discipline, incorporate evidence-based strategies to reduce out-of-classroom punishment and promote student engagement in the school’s improvement plan. (C) State as local educational agency If a school identified as a priority school under this subsection for a 3-year identification period is re-identified as a priority school for the subsequent 3-year period, the State may take over the school and act as the local educational agency for purposes of this subsection, if permitted under State law. (4) School improvement strategies (A) Required activities for all school improvement strategies A local educational agency implementing any strategies under this paragraph for a school shall— (i) provide staff at the school with ongoing professional development, consistent with the needs analysis described in paragraph (2); (ii) conduct regular evaluations for the teachers and principals at the school that provide specific feedback on areas of strength and in need of improvement; (iii) provide time for collaboration among instructional staff at the school to improve student achievement; (iv) provide instructional staff at the school with timely access to student data to inform instruction and meet the academic needs of individual students, which may include, in elementary school, school readiness data; (v) collaborate with parents and families, the community, teachers, other school personnel at the school, and representatives of Indian tribes located in the area served by the local educational agency, on the selection and implementation of the strategy; (vi) use data to identify and implement a research-based instructional program that— (I) analyzes student progress and performance and develops appropriate interventions for students who are not making adequate progress; and (II) provides differentiated instruction and related instructional supports; (III) meets the unique cultural, language, and educational needs of all students served by such school; (vii) in the case of an elementary school with kindergarten entry— (I) examine factors that contribute to school readiness as part of the needs analysis conducted under paragraph (2); (II) coordinate with appropriate high-quality early childhood programs, such as programs under the Child Care Development and Block Grant Act of 1990, the Head Start Act, prekindergarten programs, and other similar Federal, State, and local programs, in order to align instruction to better prepare students for elementary school; and (III) develop a plan to improve or expand high-quality early childhood options which may include the use of funds under this part for such purposes; (viii) provide ongoing mechanisms for parent and family engagement; (ix) provide appropriate services and evidence-based, integrated supports for students as identified in the school’s needs analysis; (x) describe, in a report to the State educational agency and made available to the public upon request, how the local educational agency or school will adopt and implement policies or practices to develop, implement, improve, or expand positive behavioral interventions and supports, early intervening services, and school-based mental health programs in accordance with the requirements of clauses (xi) through (xiv); (xi) (I) review and analyze the school's efforts to address behavioral or disciplinary problems; and (II) assist the school in developing, expanding, or improving the use of schoolwide positive behavioral interventions and supports that are aligned with activities carried out under the Individuals with Disabilities Education Act; and (xii) review and analyze the school's efforts to identify and assist students with poor academic achievement and students who are children with disabilities, and assist the school in developing, implementing, or improving early intervening services that are coordinated with activities carried out under the Individuals with Disabilities Education Act; (xiii) review the number of discipline incidents in the school and use that information to assist the school to implement schoolwide positive behavioral interventions and supports or other early intervening services, or both; and (xiv) review and analyze the school's efforts to address mental health needs among students and assist the school in developing or improving school-based mental health programs that are coordinated with activities carried out under the Individuals with Disabilities Education Act. (B) Strategies A local educational agency shall identify a school improvement strategy for a school identified as a priority school under paragraph (1) from among the following strategies: (i) Transformation strategy A local educational agency implementing a transformation strategy in a school shall— (I) replace the principal, if the principal has served in that role at the school for more than 2 years, with a principal who has a demonstrated record of success in increasing student achievement and— (aa) training or experience in raising student achievement; or (bb) training or experience in turning around low-performing schools; (II) require existing instructional staff and school leadership to reapply for their positions; and (III) require that all instructional staff and school leadership hiring be done at the school through mutual consent. (ii) Turnaround strategy A local educational agency implementing a turnaround model as a strategy for a school shall— (I) replace the principal, if the principal has served in that role at the school for more than 2 years, with a principal who has the demonstrated record of success, training, or experience described in clause (i)(I); and (II) screen all teachers in the school and retain not more than 65 percent of them. (iii) Whole school reform strategy A local educational agency implementing a whole school reform strategy for a school shall implement an evidence-based strategy that ensures whole school reform. The strategy shall be undertaken in partnership with an external provider offering a school reform program that is based on at least a moderate level of evidence that the program will have a statistically significant effect on student outcomes, including more than 1 well-designed or well-implemented experimental or quasi-experimental study. (iv) Restart strategy A local educational agency implementing a restart strategy in a school shall carry out the following: (I) (aa) Convert the school into a public charter school, or close and reopen the school as a public charter school in partnership with a nonprofit charter school operator, a nonprofit charter management organization, or a nonprofit education management organization, that has a demonstrated record of improving student achievement for students similar to those served by the school; or (bb) convert the school to a magnet school or create a new, innovative school, as defined by the State. (II) Ensure that the new school— (aa) serves the grade levels as the original school for which the strategy is being implemented; and (bb) enrolls any former student of the original school who requests to attend the school and then, after all such students are enrolled, admits additional students, using a random lottery system if more students apply for admission than can be accommodated. (v) School closure strategy A local educational agency implementing a school closure strategy for a school— (I) shall close the school and enroll the students who attended the school in other schools, including charter schools, served by the local educational agency that are within reasonable proximity to the closed school, as determined by the local educational agency, and that are higher-performing than the school that is being closed; (II) shall provide transportation, or shall pay for the provision of transportation, for each such student to the student's new school, consistent with State law and local educational agency policy; (III) shall provide information about high-quality educational options, as well as transition and support services to students, who attended the closed school and the students' parents; and (IV) may use school improvement funds provided under subsection (f) to pay for the expenses of— (aa) transitioning students from the school that is being closed to the new school; (bb) supporting the new school; and (cc) expanding and offering student supports and services within the new school, which may include high-quality prekindergarten programs and services. (C) Flexibility (i) Flexibility for certain local educational agencies Notwithstanding any other provision of this paragraph— (I) a local educational agency that is eligible for services under subpart 1 or 2 of part B of title VI, as determined by the Secretary, may modify not more than 1 of the elements or activities required under subparagraph (A) of a school improvement strategy selected for a school identified under paragraph (4) in order to better meet the needs of students in such school; and (II) a State educational agency may apply to the Secretary for a waiver of clauses (i)(I) and (ii)(I) of subparagraph (B). (ii) State flexibility Notwithstanding any other provision of this paragraph, a State educational agency may, with the approval of the Secretary, establish an alternative State-determined, evidence-based, school improvement strategy that may be used by local educational agencies in the State in addition to the strategies described in subparagraph (B), except that funds provided under this title shall not be used for school vouchers. (D) Public school choice (i) In general In addition to the requirements of subparagraph (A) and the school improvement strategy determined under subparagraph (B) or (C)(ii), a local educational agency shall, not later than 3 months before the first day of the school year following identification as a priority school under paragraph (1), provide all students enrolled in the identified school with the option to transfer to another public school served by the local educational agency that has not been identified under such paragraph, unless such an option is prohibited by State law. (ii) Priority In providing students the option to transfer to another public school, the local educational agency shall give priority to the lowest-achieving children from low-income families, as determined by the local educational agency for the purposes of allocating funds to schools under section 1113(a)(3). (iii) Treatment Students who use the option to transfer to another public school shall be enrolled in classes and other activities in the public school to which the students transfer in the same manner as all other children at the public school. (iv) Special rule A local educational agency shall permit a child who transfers to another public school under this subparagraph to remain in that school until the child has completed the highest grade in such school. (5) Improvement (A) In general The State educational agency shall no longer identify a school that has been identified as a priority school for any remainder of the school's 3-year identification period if— (i) after 2 years of the 3-year period for which a school is identified as a priority school under paragraph (1), the school has met all of the school's performance targets as described in section 1111(a)(3)(A); or (ii) after 2 years of the 3-year period, the State determines, based on the most current data, that the school's rate of improvement is sufficient to enable the school to meet all of the school's performance targets by the end of the 3-year period. (B) Continued eligibility for school improvement funds If an eligible entity, as defined in subsection (f )(1), was receiving school improvement funds under subsection (f) for a school that improves as described in subparagraph (A), the eligible entity shall continue to receive such grant funds, and use such funds to carry out the grant activities in such school, for the full period of such grant. (6) Repeated classification as a priority school (A) In general For each public school that is identified as a priority school under paragraph (1) for any portion of a 3-year period and is re-identified under such paragraph for the subsequent time period, the local educational agency shall carry out the requirements of this subsection for such subsequent period by implementing, with respect to such school, the restart strategy or school closure strategy under clause (iv) or (v) of paragraph (4)(B). (B) Special rule Notwithstanding subparagraph (A), a local educational agency serving a school described in such paragraph, may, in coordination with the State educational agency and based on a community needs assessment, apply to the Secretary for a waiver to implement another school improvement model not previously used by the local educational agency for the school. (e) Report on professional development funds for priority schools Each local educational agency that receives subgrant funds under this part shall prepare and submit a report to the State educational agency, at the end of each school year, regarding— (1) the local educational agency's use of funds for professional development, as required under section 2123(b), in schools identified as priority schools under subsection (d) that did not receive funds under subsection (f); and (2) any changes in, or effects on, student performance at such schools during such school year. (f) School improvement funds (1) Definitions In this subsection: (A) Eligible entity the term eligible entity (i) a State educational agency; (ii) a local educational agency that receives funds under this part and serves at least 1 eligible school; (iii) a consortium of such local educational agencies; or (iv) an educational service agency that serves at least 1 local educational agency described in clause (ii). (B) Eligible school The term eligible school (2) Allotments to states (A) In general From the funds made available to carry out this subsection under section 3(a)(2) for a fiscal year, the Secretary shall provide States that submit an application described in paragraph (3) with school improvement funds through an allotment, as determined under subparagraph (B) and in addition to the amounts made available to States under subpart 2, to enable the States to award subgrants and carry out the activities described in this subsection to assist eligible schools. (B) Allotments to States From the funds made available to carry out this subsection under section 3(a)(2) for a fiscal year, the Secretary shall allot to each State with an approved application an amount that bears the same relation to such funds as the amount that the State received under subpart 2 for the preceding fiscal year bears to the amount that all States receive under such subpart for such fiscal year. (3) State application A State that desires to receive school improvement funds under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall include a description of— (A) the process and the criteria that the State will use to award subgrants under paragraph (5)(A)(i); (B) the process and the criteria the State will use to determine whether the eligible entity's proposal for each eligible school meets the requirements of paragraphs (2) and (4), and subparagraphs (A) and (B) of paragraph (3), of subsection (d); (C) how the State will ensure geographic diversity in making subgrants; (D) how the State will set priorities in awarding subgrants to eligible entities; (E) how the State will monitor and evaluate the implementation of school improvement strategies by eligible entities, including how the State will use the results of the evaluation to improve State strategies for supporting schools identified under subsection (d); and (F) how the State will reduce barriers for schools in the implementation of school improvement strategies, including operational flexibility that would enable complete implementation of the selected school improvement strategy. (4) State administration and technical assistance A State that receives an allotment under this subsection may reserve not more than a total of 5 percent of such allotment for the administration of this subsection, which may include activities aimed at building State capacity to support the local educational agency and school improvement, such as providing technical assistance and other support (including regular site visits to monitor implementation of selected school improvement strategies to eligible entities serving eligible schools), either directly or through educational service agencies or other public or private organizations. (5) School improvement activities (A) In general A State that receives school improvement funds under this subsection shall use not less than 95 percent of such allotment to carry out school improvement activities for eligible schools by— (i) awarding subgrants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the activities described in subparagraph (C) for eligible schools; or (ii) if the State chooses and the local educational agency serving an eligible school agrees, directly providing the activities described in subparagraph (C)(ii) to the eligible school and the local educational agency, or arranging for other entities, such as school support teams or educational service agencies, to provide such activities to the school. (B) Subgrants (i) Applications An eligible entity that desires a subgrant under this paragraph shall submit an application to the State at such time, in such manner, and including such information as the State shall require. The application shall include a description of how the eligible entity will carry out the requirements of paragraphs (2) and (4), and subparagraphs (A) and (B) of paragraph (3), of subsection (d) for each eligible school to be served by the grant. (ii) Demonstration of additional responsibilities Each eligible entity that desires a subgrant under this paragraph shall demonstrate in its application that the eligible entity has— (I) adopted human resource policies that prioritize the recruitment, retention, and placement of effective staff in eligible schools; (II) ensured that eligible schools have access to resources to implement the school improvement strategies described in subsection (d)(4), such as facilities, professional development, and technology; (III) identified opportunities to reduce duplication, increase efficiency, and assist eligible schools in complying with reporting requirements of State and Federal programs; (IV) developed an early warning indicator system that monitors school-level data, and alerts the eligible school when a student indicates slowed progress toward high school graduation, so that the school can provide appropriate student interventions; and (V) facilitated alignment and coordination between high-quality early childhood education programs and services serving students who will attend eligible schools that are elementary schools, and teachers and principals of such eligible schools. (iii) Subgrant size A State shall award subgrants under this paragraph of sufficient size to enable subgrant recipients to fully and effectively implement the selected school improvement strategies. (iv) Subgrant period Each subgrant awarded under this paragraph shall be for a 5-year period. (v) Withholding final funding In order for a State to award subgrant funds to an eligible entity for the final 2 years of the subgrant cycle, the eligible entity shall demonstrate that the schools receiving funds under this paragraph have made significant progress on the leading indicators. (C) Use of subgrant funds An eligible entity that receives a subgrant under this paragraph shall use the subgrant funds to— (i) carry out the requirements of subparagraphs (A) and (B) of paragraph (3), and paragraphs (2) and (4), of subsection (d) in an eligible school that has been identified under such subsection as of the date of the grant award, which may include a maximum 1-year planning period; and (ii) carry out activities at the local educational agency level that directly support such implementation, such as— (I) assistance in data collection and analysis; (II) recruiting and retaining staff; (III) teacher and principal evaluation; (IV) professional development; (V) coordination of services to address students’ social, emotional, and health needs; and (VI) progress monitoring. (D) Supplement, not supplant An eligible entity or State shall use Federal funds received under this subsection only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of pupils participating in programs funded under this subsection. (E) Intervention by State In the case of a State educational agency that has taken over a school or local educational agency, the State may use an amount of funds under this subsection similar to the amount that the school or local educational agency would receive, under this subsection, in order to carry out the activities described in subparagraph (C) for the school and local educational agency, either directly or through an eligible entity designated by the State educational agency. (6) National activities From amounts appropriated and reserved for this paragraph under section 3(a)(2)(B), the Secretary shall carry out the following national activities: (A) Activities focused on building State and local educational agency capacity to turn around eligible schools and schools in rural areas through activities such as— (i) identifying and disseminating effective school improvement strategies, including in rural areas; (ii) making available targeted technical assistance, including planning and implementation tools; and (iii) expanding the availability of turnaround partners capable of assisting in turning around eligible schools, including in rural areas. (B) Activities focused on building capacity to turn around eligible schools, including in rural areas. (C) The use of data, research, and evaluation to— (i) identify schools that are implementing school improvement strategies effectively; (ii) identify effective school improvement strategies; and (iii) collect and disseminate that information to States and local educational agencies in a manner that facilitates replication of effective practices. (D) Other activities designed to support State and local efforts to improve eligible schools. (7) Evaluation The Director of the Institute of Education Sciences shall conduct an evaluation of the programs carried out under this subsection. (g) Construction Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. . 1117. Qualifications for teachers and paraprofessionals Subpart 1 of part A of title I ( 20 U.S.C. 6311 et seq. (1) by striking section 1117; (2) by redesignating section 1119 as section 1117, and moving it so as to precede section 1118; (3) by redesignating sections 1120, 1120A, and 1120B as sections 1119, 1120, and 1120A, respectively; and (4) in section 1117, as redesignated by paragraph (2)— (A) by striking subsections (a) and (b) and inserting the following: (a) Teacher qualifications (1) In general Except as provided in paragraph (2), each local educational agency receiving assistance under this part shall ensure that all teachers teaching a core academic subject in a program supported with funds under this part are highly qualified teachers and are certified in the subject area in which the teachers are assigned to teach. (2) Exception Each local educational agency located in a State in which the State has fully implemented a professional growth and improvement system shall only be required to comply with the requirements under paragraph (1) as they relate to new teachers. (3) Special rule for small, rural, or remote schools In the case of a local educational agency that is unable to provide a highly qualified teacher to serve as an on-site classroom teacher for a core academic subject in a small, rural, or remote school, the local educational agency may meet the requirements of this section by using distance learning to provide such instruction by a teacher who is a highly qualified teacher for purposes of the core academic subject, as long as— (A) the teacher who is a highly qualified teacher in the core academic subject— (i) is responsible for providing at least 50 percent of the direct instruction in the core academic subject through distance learning; (ii) is responsible for monitoring student progress; and (iii) is the teacher who assigns the students their grades; and (B) an on-site teacher who is a highly qualified teacher for a subject other the core academic subject taught through distance learning is present in the classroom throughout the period of distance learning and provides supporting instruction and assistance to the students. (b) Qualifications for American Indian, Alaska Native, or Native Hawaiian language, culture, or history teachers (1) Language or culture (A) In general Notwithstanding any other provision of law, the requirements of subsection (a) on local educational agencies with respect to highly qualified teachers shall not apply to a teacher of American Indian, Alaska Native, or Native Hawaiian language or culture, whether the teacher is teaching on a permanent, part-time, or occasional basis. (B) Competency A State may require that a local tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b (2) History (A) In general Notwithstanding any other provision of law, the requirements of subsection (a) on local educational agencies with respect to highly qualified teachers, shall not apply to a teacher who is a Native elder or other authority on American Indian, Alaska Native, or Native Hawaiian history and who provides instruction in such subject, whether on a part-time or occasional basis. (B) Competency A State may require that a local tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ; (B) in subsection (c)(1), by striking hired after the date of enactment of the No Child Left Behind Act of 2001 and (C) by striking subsections (d) and (l); (D) by redesignating subsections (e), (f), (g), (h), (i), (j), and (k), as subsections (d), (e), (f), (g), (h), (i), and (j), respectively; (E) in subsection (d), as redesignated by subparagraph (D), by striking Subsections (c) and (d) Subsection (c) (F) by striking subsection (i), as redesignated by subparagraph (D), and inserting the following: (i) Special rule A State educational agency may not require a school or a local educational agency to expend a specific amount of funds for professional development activities under this part. . 1118. Parent and family engagement Section 1118 ( 20 U.S.C. 6318 1118. Parent and family engagement (a) Local educational agency parent and family engagement assessment and plan (1) In general In order to increase student academic achievement and improve child development, a local educational agency may receive funds under this part only if such agency develops and implements a strategic, evidence-based plan to support meaningful engagement of parents and family members in education (referred to in this section as the parent and family engagement plan (A) based on a needs assessment of parents and family members, school instructional and leadership personnel, and community leaders, conducted to inform the development of the plan; and (B) be developed and implemented through meaningful consultation with— (i) parents and family members of participating children; (ii) youth who have graduated from schools that are part of the local educational agency; (iii) as applicable, employers, business leaders, and philanthropic organizations; (iv) other members of the community who are committed to increasing student academic achievement and improving child development; (v) to the greatest extent practicable, individuals with expertise in effectively engaging parents and family members in education; and (vi) organizations that have a demonstrated record of effectiveness in assisting students in becoming college and career ready, as determined in accordance with the State academic content standards under section 1111(a)(1). (2) Annual survey A local educational agency described in paragraph (1) shall, on an annual basis, conduct a survey, through electronic means to the extent practicable, including delivery through mobile devices, of all parents, family members, and all school instructional and leadership personnel, to— (A) determine the needs of parents and family members, in order to assist with the learning of their children and engage with school personnel, including all teachers of their children; (B) identify strategies to support school-family interactions, including identifying and addressing the barriers to effective parental involvement in a manner responsive to the cultural and language needs of such parents; (C) determine the level of parent and family engagement in each respondent’s respective school and the level of engagement of school leaders with parent and family members; (D) identify perceived and actual barriers to the activities described in subparagraph (A); and (E) determine the perceptions about the school's conditions for learning. (3) Parent and family engagement plan (A) Development Based on the results of the survey described in paragraph (2), each local educational agency receiving funds under this part shall develop and implement an annual parent and family engagement plan jointly with the parents and family members of participating children and, where applicable, with a parent advisory committee that represents the entire school district. Such plan shall— (i) be designed to foster the engagement of parents and other family members and school instructional and leadership personnel; (ii) be designed to integrate such engagement into the practice of all the local educational agency's schools that are served under this part; (iii) establish parent engagement goals for the local educational agency and such schools; and (iv) establish annual quantifiable performance benchmarks for such goals, which shall require continual progress toward the achievement of such goals. (B) Additional elements The parent and family engagement plan shall— (i) establish the school’s expectations for, and commitment to support, meaningful, evidence-based, parent and family engagement strategies; (ii) describe the process through which the school will equip parents and family members, with particular attention to economically disadvantaged parents and family members, to— (I) act in partnership with local educational agency and school personnel to improve the academic achievement and development of their children; and (II) participate in school improvement strategies; (iii) describe how the local educational agency will provide the coordination, technical assistance, and other support and conditions necessary to assist participating schools in planning and implementing effective parent and family engagement strategies, such as— (I) making facilities of the local educational agency available, as appropriate; (II) making compensatory time available for educators to conduct home visits; (III) establishing co-location with public assistance programs; (IV) encouraging the implementation of community school models and related activities; and (V) utilizing the expertise of, and developing strategies with, organizations that have a demonstrated track record of success in supporting parent and family engagement; (iv) provide for not less than 1 school-wide meeting during each academic year, at a convenient time, to which parents and family members of participating children shall be invited and encouraged to attend, in order to— (I) review the parent and family engagement plan; (II) inform parents and family members of opportunities for engagement in their child's education; and (III) explain to parents and family members the right of the parents and family members to be involved, and the benefits of meaningful engagement; (v) provide parents with an opportunity to develop the knowledge and skills to engage in full partnerships with school instructional and leadership staff of the school in the education of their children; (vi) provide for professional development and other evidence-based support to school instructional and leadership personnel regarding effective parent and family engagement; (vii) to the extent feasible and appropriate, coordinate and integrate parent and family engagement programs and strategies with other Federal, State, and local programs; (viii) provide information to school personnel, students, and parents about the school's use of positive behavioral interventions and supports, school-based mental health programs, and the expectations of school personnel, students, and parents in supporting a safe learning environment for all students; and (ix) describe how the local educational agency will coordinate with parent and family information and resource centers established under part H of title IV. (b) Annual review of performance benchmarks Each year, each local educational agency described in subsection (a), each school served under this part, and the parent advisory board established under subsection (g) shall collaboratively review the benchmarks for each of the goals established under subsection (a)(3)(A). Based on the review— (1) if a local educational agency has met or made continual progress toward meeting, its annual benchmarks in such year, the local educational agency will continue to implement the parent and family engagement plan; (2) if the local educational agency has not met or made continual progress toward meeting its annual benchmarks in such year, the local educational agency and parent advisory board shall jointly determine the cause after taking into the account the results of the end-of-the-year survey described in subsection (c); and (3) the local educational agency shall publicly report on whether the agency has met or made continual progress toward meeting such benchmarks, and the degree to which the benchmarks were met. (c) End-of-the-year survey As part of the review described in subsection (b), a local educational agency shall conduct an end-of-the-year survey of parents and school instructional and leadership personnel, including parents and personnel who participated in the survey described in subsection (a)(2), to determine whether the needs of parents and personnel were met through the implementation of the plan. (d) Revision of plan The local educational agency and the parent advisory board established under subsection (g) shall address the causes described in subsection (b)(2) and the results of the survey in subsection (c) in the development or revision of the parent and family engagement plan. (e) Reservation and use of funds (1) In general Each local educational agency shall reserve not less than 2 percent of such agency's allocation under subpart 2 to assist schools in carrying out the activities described in this section, subject to paragraph (2). (2) Exception The reservation requirement under paragraph (1) shall not apply if 1 percent of the local educational agency's allocation under subpart 2 for the fiscal year for which the determination is made is equal to or less than $5,000. (3) Distribution of funds (A) In general A local educational agency shall— (i) distribute not less than 75 percent of funds reserved under paragraph (1) to schools served under this part; and (ii) use not more than 20 percent of such funds for parent and family engagement activities at the local educational agency level. (B) Priority In allocating the funds described in subparagraph (A), each local educational agency shall give priority to high-need schools. (4) Use of funds Funds reserved under paragraph (1) may be used to carry out activities and strategies consistent with the parent and family engagement plan described in subsection (a), including not less than 1 of the following: (A) Designating or establishing a dedicated office or dedicated personnel for parent and family engagement. (B) Providing professional development for local educational agency and school personnel regarding parent and family engagement strategies, which may be provided jointly to teachers, school leaders, early childhood educators, and parents and family members. (C) Providing adult education and literacy activities, as defined in section 203 of the Adult Education and Family Literacy Act. (D) Supporting home visitation programs. (E) Engaging in other evidence-based or promising strategies for improving and increasing parent and family engagement, which may include family and student supports, as defined in section 4703. (F) Disseminating information on best practices (such as implementation, replication, impact studies, and evaluations) focused on parent and family engagement, especially best practices for increasing the engagement of economically disadvantaged parents and family members. (G) Contracting with experienced parent organizations to assist with training and other activities under this section. (H) Collaborating, or providing subgrants to schools to enable the schools to collaborate, with community-based organizations, or employers, with a demonstrated track record of success in improving and increasing student academic achievement and parent and family engagement to— (i) enhance student achievement and development through greater engagement with children, such as experiential learning opportunities and internships; (ii) increase opportunities for such organizations and employers to support family engagement activities, including by offering family engagement training and supporting adult education and family literacy programs; and (iii) expand the role of the school as a community resource, such as by using facilities for community events, meetings, career or health fairs, or adult education and family literacy activities. (f) Accessibility In carrying out the parent and family engagement requirements of this part, local educational agencies and schools, to the greatest extent practicable, shall provide opportunities for the full and informed participation of parents and family members (including parents and family members with disabilities), including providing information and school reports in a format and, to the greatest extent practicable, in a language such parents can understand. (g) Parent advisory board Each local educational agency described in subsection (a) shall establish a parent advisory board for the purposes of developing, revising, and reviewing the parent and family engagement plan. Such board shall— (1) consist of a sufficient number of parents of children attending the local educational agency's schools served under this part to adequately represent the interests and needs of parents at the local educational agency; (2) meet multiple times throughout the school year; and (3) be representative of the population served by the local educational agency. . 1119. Technical correction regarding complaint process for section 1119 Section 1119(c)(2) ( 20 U.S.C. 6320(c)(2) 9505 9503 1120. Comparability of services Section 1120 ( 20 U.S.C. 6321 (1) in subsection (a), by striking “involved”; and (2) by striking subsection (c) and inserting the following: (c) Comparability (1) In General (A) Comparability Beginning for the 2015–2016 school year, a local educational agency may receive funds under this part only if the local educational agency demonstrates to the State educational agency that the combined State and local per-pupil expenditures (including actual personnel and actual non-personnel expenditures) in each school served under this part, in the most recent year for which such data were available, are not less than the average combined State and local per-pupil expenditures for those schools that are not served under this part. (B) Alternative comparability If the local educational agency is serving all of the schools under its jurisdiction under this part, the agency shall demonstrate to the State educational agency that the average combined State and local per-pupil expenditures (including actual personnel and actual non-personnel expenditures) for its high-poverty schools, in the most recent year for which such data are available, were not less than the average combined State and local per-pupil expenditures for its low-poverty schools. (C) Basis A local educational agency may meet the requirements of subparagraphs (A) and (B) on a local educational agency-wide basis or a grade-span by grade-span basis. (D) Exclusion of funds (i) In general For the purpose of complying with this paragraph, a local educational agency shall exclude any State or local funds expended in any school for— (I) excess costs of providing services to English learners; (II) excess costs of providing services to children with disabilities; (III) capital expenditures; and (IV) such other expenditures as the Secretary determines appropriate. (ii) Changes after the beginning of the school year A local educational agency need not include unpredictable changes in student enrollment or personnel assignments that occur after the beginning of a school year in determining compliance under this subsection. (2) Documentation A local educational agency shall demonstrate that it is meeting the requirements of paragraph (1) by submitting to the State educational agency the per-pupil expenditures, personnel expenditures, non-personnel expenditures, and total expenditures for each school served by the local educational agency. (3) Inapplicability This subsection shall not apply to a local educational agency that does not have more than 1 building for each grade span. (4) Process and procedures (A) Local educational agency responsibilities Each local educational agency assisted under this part shall, by October 31, 2016, report to the State educational agency on its compliance with the requirements of this subsection for the preceding school year, including a listing, by school, of actual combined per-pupil State and local personnel and non-personnel expenditures. (B) State educational agency responsibilities Each State educational agency assisted under this part shall ensure that such information is made publicly available by the State or the local educational agency, including the school by school listing described in subparagraph (A). (C) Plan A local educational agency that does not meet the requirements of this subsection in any year shall develop and implement a plan to ensure compliance for the subsequent school year and may be required by the State educational agency to report on its progress in implementing such plan. (5) Transition provisions (A) School years preceding the 2015–2016 school year For school years preceding the 2015–2016 school year, a local educational agency may receive funds under this part only if the local educational agency demonstrates to the State educational agency that the local educational agency meets the requirements of this subsection, as in effect on the day before the date of enactment of the Strengthening America's Schools Act of 2013 (B) Transition between requirements The Secretary shall take such steps as are necessary to provide for the orderly transition between the requirements under this section, as in effect on the day before the date of enactment of the Strengthening America's Schools Act of 2013 (6) Rule of construction Nothing in this subsection shall be construed to require a local educational agency to transfer school personnel in order to comply with this subsection. (7) Comparable requirements In the case of a State, State educational agency, or local educational agency that has, before the date of enactment of the Strengthening America's Schools Act of 2013 . 1121. Coordination requirements Section 1120A ( 20 U.S.C. 6322 1120A. Coordination requirements (a) In general Each local educational agency receiving assistance under this part shall carry out the activities described in subsection (b) with Head Start agencies (consistent with section 642(e)(5) of the Head Start Act ( 42 U.S.C. 9801(e)(5) (b) Activities The activities and services referred to in subsection (a) include— (1) developing and implementing a systematic procedure for transferring, with parental consent, early childhood program records for each participating child to the school in which such child will enroll; (2) establishing ongoing communication between early childhood program staff and their counterparts in the schools (including teachers, principals, social workers, local educational agency liaisons designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act, and health staff) to facilitate the coordination and alignment of programs; (3) establishing ongoing communications between the early childhood program and the local educational agency for developing continuity of developmentally appropriate instructional programs and shared expectations for children’s learning and development as children transition to school; (4) organizing and participating in joint training, including transition-related training for school staff and early childhood programs; (5) establishing comprehensive transition policies and procedures that support the school readiness of children transitioning to school; (6) conducting outreach to parents, families, and elementary school teachers to discuss the educational, developmental, and other needs of children entering school; (7) helping parents of children who are English learners understand— (A) the instructional and other services provided by the school in which such child will enroll after participation in a Head Start program or other Federal early childhood care and education program; and (B) as appropriate, the information provided to parents of English learners under section 3202; (8) helping parents understand the instructional and other services provided by the school in which their child will enroll after participation in a Head Start program or other Federal early childhood care and education program; and (9) developing and implementing a system to increase program participation of underserved populations of eligible children, especially children eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. . 1122. Grants for the outlying areas and the Secretary of the Interior Section 1121 ( 20 U.S.C. 6331 (1) in subsection (a), by striking section 1002(a) and 1125A(f) paragraphs (1) and (3) of section 3(a) (2) in subsection (b)(3)— (A) in subparagraph (A), by striking and freely associated States (B) in subparagraph (C)(ii), by striking challenging State academic content standards college and career ready State academic content standards under section 1111(a)(1) (3) by striking subsection (c) and inserting the following: (c) Definition of outlying area As used in subsections (a) and (b), the term outlying area . 1123. Allocations to States Section 1122(a) ( 20 U.S.C. 6332(a) section 1002(a) to carry out this part for each of fiscal years 2002–2007 section 3(a)(1) to carry out this part for each of fiscal years 2014 through 2019 1124. Education finance incentive grant program Section 1125A (20 U.S.C. 6337) is amended— (1) in subsection (a), by striking subsection (f) section 3(a)(3), (2) in subsection (b)(1)(A), by striking subsection (f) section 3(a)(3) (3) by striking subsection (f); and (4) by redesignating subsection (g) as subsection (f). 1125. Blue ribbon schools; centers for excellence in early childhood Part A of title I ( 20 U.S.C. 6301 et seq. 3 Blue ribbon schools; centers for excellence in early childhood 1131. Blue ribbon schools (a) Program purpose It is the purpose of this section to assist States and local educational agencies in identifying and rewarding high-performing public schools. (b) Blue ribbon schools (1) Identification of blue ribbon schools Each State receiving a grant under subpart 2 may— (A) define the category of blue ribbon schools, consistent with paragraph (2), for the State as part of its State plan in section 1111(b); and (B) identify, for each school year, the schools in the State that are blue ribbon schools for such year. (2) Blue ribbon school criteria (A) In general If a State elects to carry out this subsection, the State’s blue ribbon schools shall consist of the highest 5 percent of the State's public elementary schools and secondary schools, as designated by the State based on— (i) the percentage of proficient or advanced students, as determined under section 1111(a)(3)(B)(ii), in English or language arts, and mathematics; (ii) in the case of high schools, the school’s graduation rates; (iii) the performance of each category of students described in section 1111(a)(3)(D); (iv) the percentage of students who are meeting or exceeding the State student academic achievement standards or are achieving sufficient academic growth as described in section 1111(a)(3)(B)(iii); and (v) school gains. (B) Noneligibility for blue ribbon status A school identified under subsection (c) or (d) of section 1116 for a year shall not be eligible for blue ribbon school status for the same year. (c) Rewards (1) In general Each State that defines and identifies blue ribbon schools under subsection (b)(1) for a school year may— (A) provide each blue ribbon school in the State with increased autonomy over the school’s budget, staffing, and time; (B) allow each blue ribbon school to have flexibility in the use of any funds provided to the school under this Act for any purpose allowed under this Act (notwithstanding any other provision of this Act), as long as such use is consistent with the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 (C) reserve not more than .5 percent of the funds allotted to the State under subpart 2 and use such reserved amounts to distribute rewards, on a competitive basis, to local educational agencies that serve 1 or more blue ribbon schools identified under subsection (b) that receive funds under subpart 2 to enable the local educational agencies to provide awards to such blue ribbon schools that receive funds under such subpart. (2) Use of rewards As a condition of receiving an award from a local educational agency under this subsection, a blue ribbon school shall agree to use the award funds to— (A) improve student achievement; and (B) provide technical assistance to the lowest-achieving schools in the closest geographic region of the State to the blue ribbon school, in accordance with the State plan under section 1111(b)(1)(F). 1132. Centers of excellence in early childhood (a) Definition of eligible early childhood education program In this section, the term eligible early childhood education program (1) serves young children from households that would be eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); (2) is nominated, by the Governor of the State in which the program is located and through a competitive selection process, to be a center of excellence in early childhood under this section. (b) Program authorized (1) In general The Secretary of Education, acting jointly with the Secretary of Health and Human Services as provided in paragraph (2), shall, subject to the availability of funds under section 3(b)(4), establish a program under which the Secretary shall— (A) designate exemplary eligible early childhood education programs as centers of excellence in early childhood for the purposes of sharing best practices among early childhood education programs and to support or recognize the centers of excellence to improve the quality of care in programs in their local region; and (B) award bonus grants to each center of excellence in early childhood, to enable the center to carry out the activities described in subsection (e). (2) Federal administration (A) In general With respect to this section, the Secretary shall bear responsibility for obligating and disbursing funds and ensuring compliance with applicable laws and administrative requirements, subject to subparagraph (B). (B) Interagency agreement The Secretary of Education and the Secretary of Health and Human Services shall jointly administer activities supported under this subsection on such terms as such secretaries shall set forth in an interagency agreement. (c) Application (1) In general In order to be eligible to be designated as a center of excellence in early childhood under subsection (b), an eligible early childhood education program shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents At a minimum, the application shall include— (A) evidence that the eligible early childhood education program has significantly improved the school readiness, as determined by the Secretaries, of young children who have participated in the program; (B) evidence that the eligible early childhood education program demonstrates improved child outcomes across all the essential domains of school readiness; (C) evidence that the eligible early childhood education program has high staff qualifications that are designed to promote the social, emotional, physical, and cognitive development of children; (D) an assurance that the eligible early childhood education program will develop a collaborative partnership with other providers of early childhood education in the local community involved to conduct activities under subsection (e); (E) a nomination letter, from the Governor of the State in which the eligible early childhood education program is located, demonstrating the eligible early childhood education program's ability to— (i) provide the coordination, transition, and training services of the activities proposed to be carried out under the bonus grant, including the coordination of such activities with State and local agencies that provide early childhood education and development to young children and families in the community served by the eligible early childhood education program; and (ii) carry out the activities described in subsection (e)(1); and (F) a description of how the early childhood program, in order to expand accessibility and continuity of quality early childhood education and development services and programs, will coordinate activities under subsection (e) with— (i) programs serving children assisted under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. (ii) the temporary assistance for needy families program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. (iii) the block grants to State for social services program funded under subtitle A of title XX of the Social Security Act ( 42 U.S.C. 1397 et seq. (iv) child care programs supported directly through the Community Services Block Grant; (v) the Head Start and Early Head Start programs carried out under Head Start Act; (vi) programs supported by grants under part I of title IV; (vii) other preschool programs supported under this title; (viii) programs carried out under section 619 and part C of the Individuals with Disabilities Education Act; (ix) State prekindergarten programs; (x) programs that support parent and family engagement, including programs funded under section 1118 or, if applicable, grantees supported through parent and family information and resource center grants under part H of title IV; and (xi) other programs of early childhood education and development; and (G) a description of how the early childhood education program, if selected as a center for excellence in early childhood, will work with the local educational agency of the area in which the program is located, to— (i) provide for effective transitions between the program and elementary schools; and (ii) to facilitate ongoing communication between the program and elementary school teachers concerning young children participating in the program to improve the teachers' ability to work effectively with low-income, at-risk young children and their families. (d) Designation and bonus grants (1) In general For each 5-year term described in paragraph (2), the Secretary shall— (A) select and designate, as centers of excellence in early childhood, not less than 1 early childhood education program from each of the several States of the United States, the District of Columbia, Commonwealth of Puerto Rico, and each of the outlying areas from which the Secretary has received applications; and (B) award each center of excellence in early childhood a bonus grant for the 5-year term, subject to paragraph (2)(B). (2) Term of designation (A) In general Subject to subparagraph (B), the Secretary shall designate each early childhood education program as a center of excellence in early childhood under paragraph (1) for a 5-year term. During the period of that designation, the program shall receive a bonus grant under subsection (b). (B) Revocation The Secretary may revoke a program’s grant and designation under subparagraph (A) if the Secretary determines that the program has not made substantial progress in meeting the goals and objectives of the grant. (3) Bonus grant amount (A) Minimum amount of bonus grant Subject to the availability of appropriations, each bonus grant awarded under this subsection shall be in an amount of not less than $200,000 per year. (B) Priority for increased bonus grant funding In determining the amount of the bonus grant for a center of excellence in early childhood under this section, and subject to the requirements of subparagraph (A), the Secretary— (i) shall give priority to centers that, through their applications, demonstrate that their programs are of exceptional quality and would serve as exemplary models for programs in the same geographic region; and (ii) may give consideration to— (I) the populations served by the centers, such as centers that serve large proportions of young children who are English learners, children who are infants or toddlers with disabilities, as defined in 632 of the Individuals with Disabilities Education Act, children with disabilities who are eligible for services under section 619 of such Act, homeless children, foster children, or children who receive child protective services, or young children of other underserved populations; and (II) centers that do an exceptional job meeting the needs of young children in such populations. (e) Use of bonus grant funds A center of excellence in early childhood that receives a bonus grant under this subsection shall— (1) use not less than 15 percent of the funds made available through the grant to disseminate to other early childhood education programs in the State involved (including to early childhood education programs who serve young children who live on tribal lands or come from families who engage in seasonal or migrant work), best practices for achieving early academic success, including— (A) best practices for achieving school readiness, including developing early literacy and mathematics skills; (B) best practices for achieving the acquisition of the English language for English learners, if appropriate to the population served; (C) best practices for providing high-quality comprehensive services, if applicable, for participating young children and their families; and (D) best practices for facilitating the social and emotional development of children and young children; and (2) use the remainder of such funds for not less than 2 of the following activities: (A) In the case of a center of excellence that is a Head Start program, providing Head Start services to additional eligible young children. (B) Extending the services of the center of excellence to provide full-day, full-week, or full-year care to young children served by the program, if appropriate to better meet the needs of working families in the community served by the center. (C) Further coordinating early childhood education programs and services and social services available in the community served by the center for at-risk young children, their families, and pregnant women. (D) Providing professional development for program instructional and support staff, including joint training for with child care providers, public preschool and elementary school teachers and school leaders, and other providers of early childhood education and development programs. (E) Developing or maintaining partnerships with institutions of higher education and nonprofit organizations, including community-based organizations, that recruit, train, place, and support postsecondary education students to serve as mentors and reading partners to preschool children in centers that serve such children. (F) Carrying out other activities determined by the center to improve the overall quality of the center's early childhood education program and for which there is evidence that the activities will lead to improved safety, development, well-being, or school readiness of the young children served by the program. (G) Sharing best practices concerning the transition of children into elementary school. (f) Reports to the Secretary Each center of excellence in early childhood that receives bonus grant funds under this section shall submit an annual report to the Secretary, at such time and in such manner as the Secretary may require, that contains a description of the activities the center carried out with funds received under this section, including a description of how such funds improved services for young children and families. (g) Research and technical assistance From the funds made available to carry out this section, the Secretary may reserve not more than 1 percent of such funds to carry out the following activities: (1) Supporting a research collaborative among the Institute of Education Sciences, the National Institute of Child Health and Human Development, the Office of Planning, Research, and Evaluation within the Administration for Children and Families of the Department of Health and Human Services, and, as appropriate, other Federal entities, to support research on early learning that can inform improved State and other standards and licensing requirements and improved outcomes for young children, which collaborative shall— (A) biennially prepare and publish for public comment a detailed research plan; (B) support early learning research activities that could include determining— (i) the characteristics of early learning programs that produce positive developmental outcomes for young children; (ii) the effects of program quality standards on child outcomes; (iii) the relationships between specific interventions and types of child and family outcomes; (iv) the effectiveness of early learning provider training in raising program quality and improving child outcomes; (v) the effectiveness of professional development strategies in raising program quality and improving child outcomes; and (vi) how to improve the school readiness outcomes of young children who are English learners, children with special needs, and homeless children, including evaluation of professional development programs for working with such children; and (C) disseminate relevant research findings and best practices. (2) Evaluating barriers to improving the quality of early learning programs serving low-income young children, including evaluating barriers to successful interagency collaboration and coordination, by conducting a review of the statewide strategic reports developed by State Advisory Councils on Early Childhood Education and Care and other relevant reports, reporting the findings of such review to Congress, and disseminating relevant research findings and best practices. 1133. Green ribbon schools The Secretary is authorized to identify and recognize exemplary schools, programs, and individuals. Such recognitions may include— (1) a Green Ribbon Schools program, such as the Green Ribbons School program carried out by the Secretary under section 5411(b)(5) as of the day before the date of enactment of the Strengthening America's Schools Act of 2013 (2) an award program recognizing excellence exhibited by classified school employees in the public school system. . 1126. Grants for State assessments and related activities Part A of title I ( 20 U.S.C. 6301 et seq. 4 Grants for State assessments and related activities 1141. Grants for State assessments and related activities (a) Grants for State assessments From amounts made available under subsection (c)(1) to carry out this subsection, the Secretary shall make grants to States— (1) to enable States to pay the costs of developing, improving, or administering State assessments and standards consistent with section 1111(a), which may include the cost of working in voluntary partnerships with other States, at the sole discretion of each such State; and (2) in the case of States that have developed the assessments and standards consistent with the requirements of section 1111(a), to enable each such State— (A) to administer such assessments; or (B) to carry out other activities described in this section, which may include— (i) developing college and career ready State academic content and student academic achievement standards and aligned assessments in academic subjects for which standards and assessments are not required under section 1111(a); (ii) developing or improving assessments of English language proficiency necessary to comply with section 1111(a)(2)(D); (iii) developing multiple measures of student academic achievement, including measures that assess higher-order thinking skills and understanding, and elicit complex student demonstrations or applications of knowledge and skills to increase the reliability and validity of State assessment systems; (iv) developing, enhancing, or administering, in publicly funded early childhood education programs and elementary schools, early learning assessments (including accommodations to provide access for young children with disabilities) to improve instruction for young children; (v) strengthening the capacity of local educational agencies and schools to provide all students with the opportunity to increase educational achievement, including carrying out professional development activities aligned with State student academic achievement standards and assessments; (vi) expanding the range, and improving the quality, of accommodations available to English learners and students with disabilities to improve the use of such accommodations, including professional development activities; (vii) improving the dissemination of information about student achievement and school performance to parents and families, including the development of information and reporting systems designed to— (I) identify best educational practices based on scientifically valid research; or (II) assist in linking records of student achievement, length of enrollment, and graduation over time; (viii) providing instructional supports, which may include formative assessments; (ix) developing computer adaptive assessments that meet the requirements of section 1111(a); (x) developing alternate assessments, as described in section 1111(a)(2)(E), aligned to alternate achievement standards; and (xi) providing professional development to local educational agency staff to transition between assessment systems, including technology for that purpose. (b) Grants for enhanced assessment systems (1) Grant program authorized From amounts made available under subsection (c)(2) to carry out this subsection, the Secretary shall award, on a competitive basis, grants to State educational agencies to enable the State educational agencies to carry out the activities described in paragraph (3). (2) Application Each State educational agency desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (3) Authorized activities Each State educational agency that receives a grant under this section shall use the grant funds to— (A) enable States, or a consortia of States, to collaborate with institutions of higher education or other organizations or agencies to improve the quality, validity, and reliability of State academic assessments beyond the requirements for such assessments described in section 1111(a)(2); (B) measure student academic achievement using multiple measures of student academic achievement from multiple sources, including measures that assess higher-order thinking skills and understanding; (C) chart student progress over time; or (D) evaluate student academic achievement through the development of comprehensive academic assessment instruments. (c) Allotment of appropriated funds (1) In general Except as provided in paragraph (2), for each fiscal year, the Secretary shall use the amount of funds made available for this section for such year or $400,000,000 of such funds, whichever is less, to— (A) reserve one-half of 1 percent for the Bureau of Indian Education; (B) reserve one-half of 1 percent for the outlying areas; and (C) from the amounts remaining after the application of subparagraphs (A) and (B), allocate to each State, for the purposes of carrying out the activities under subsection (a), an amount equal to— (i) $3,000,000; and (ii) with respect to any amounts remaining after the allocation is made under clause (i), an amount that bears the same relationship to such total remaining amounts as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (2) Special rule for fiscal year 2014 For fiscal year 2014, the Secretary shall use not less than $800,000,000 or, if a lesser amount is made available for this section for such year, such entire lesser amount, to carry out the requirements of paragraph (1). (3) Remainder Any amounts remaining for a fiscal year after the Secretary carries out paragraph (1) shall be made available to award funds under subsection (b) to States according to the quality, needs, and scope of the State application under this section. In determining the grant amount, the Secretary shall ensure that a State's grant shall include an amount that bears the same relationship to the total funds available under this paragraph for the fiscal year as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (4) Definition of State In this section, the term State . B Pathways to college 1201. Improving secondary schools Part B of title I ( 20 U.S.C. 6361 et seq. B Pathways to college 1 Improving secondary schools 1201. Secondary school reform (a) Purposes The purposes of this section are to ensure students graduate from secondary school college and career ready and to increase graduation rates by providing grants to eligible entities to provide schools with the necessary resources to implement innovative and effective secondary school reform strategies. (b) Definitions In this section: (1) Applied learning The term applied learning (A) engages students in opportunities to apply rigorous academic content aligned with college-level expectations to real world experience, through such means as work experience, work-based learning, problem-based learning, or service-learning; and (B) develops students’ cognitive competencies and pertinent employability skills. (2) Chronic absenteeism The term chronic absenteeism (A) 10 percent of the school days per school year; or (B) not less than 20 school days per school year. (3) Competency-based learning model The term competency-based learning model (4) Effective secondary school reform strategies The term effective secondary school reform strategies (5) Eligible entity The term eligible entity (A) 1 or more institutions of higher education; (B) 1 or more employers or industry-related organizations; and (C) 1 or more external partners or qualified intermediaries. (6) Eligible secondary school The term eligible secondary school (A) is eligible for funds under part A; (B) has a graduation rate below 75 percent; (C) does not receive grant funds under section 1116(d); and (D) is identified as low performing based on the State’s accountability system. (7) External partner The term external partner (8) Feeder middle school The term feeder middle school (9) Qualified intermediary The term qualified intermediary (10) Struggling student The term struggling student (A) is at an increased risk for low academic achievement and is unlikely to graduate secondary school within 4 years; or (B) a student who has dropped out of school. (c) Grants authorized (1) In general (A) Reservation From the total amount of funds appropriated to carry out this section for a fiscal year, the Secretary shall reserve— (i) not more than 2.5 percent for national activities, which the Secretary shall use for technical assistance, data collection and dissemination, and evaluation and reporting activities; and (ii) not less than one half of 1 percent for the Bureau of Indian Education for activities consistent with the purposes of this section. (B) Grants From the total amount of funds appropriated to carry out this section for a fiscal year and not reserved under subparagraph (A), the Secretary shall award grants, on a competitive basis, to eligible entities, based on the quality of the applications submitted, of which— (i) not more than 25 percent of grant funds shall be used for activities described in subsection (e)(1); and (ii) not less than 75 percent of grant funds shall be used for activities described in paragraphs (2) and (3) of subsection (e) and subsection (f). (2) Grant duration Grants awarded under this section shall be for a period of 5 years, conditional after 3 years on satisfactory progress on the performance indicators described in subsection (d)(2)(G), as determined by the Secretary. (3) Grant considerations In awarding grants under this section, the Secretary shall give special consideration to applications from eligible entities— (A) serving high-need areas, such as high-poverty or rural local educational agencies; or (B) that demonstrate partnerships with employers to provide students at participating schools with career-related experience or assistance in attaining career-related credentials. (4) Annual report Each eligible entity that receives a grant under this section shall submit to the Secretary an annual report including data on the entity’s progress on the performance indicators described in subsection (d)(2)(G). (d) Application (1) In general An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents Each application submitted under paragraph (1) shall include, at a minimum, a description of the following: (A) How the eligible entity will use funds awarded under this section to carry out the activities described in subsection (e)(1). (B) The role of each entity that comprises the eligible entity in meeting the purposes of this section, including the external partner’s capacity and record of success in secondary school reform. (C) How the eligible entity will sustain the activities proposed, including the availability of funds from non-Federal sources and coordination with other Federal, State, and local funds. (D) How the eligible entity conducted a comprehensive needs analysis and capacity assessment of the eligible secondary schools served by the eligible entity to identify secondary schools proposed to be served by the grant. The needs analysis and capacity assessment shall include the following: (i) An examination of each secondary school’s data in the aggregate, and disaggregated by each of the subgroups of students described in section 1111(a)(2)(B)(x), on the following: (I) Graduation rates and characteristics of those students who are not graduating, including such students’ attendance, behavior, expulsion rates, suspension rates, course performance, and credit accumulation rates. (II) Rates of dropout recovery (re-entry). (III) Rates of enrollment and remediation in institutions of higher education, in accordance with section 1111(d)(3)(B)(viii). (IV) The percentage of students who are 2 or more years over-aged or under-credited for their grade level. (ii) An examination of each eligible secondary school and feeder middle school’s data in the aggregate, and disaggregated by each of the subgroups of students described in section 1111(a)(2)(B)(x), as applicable, on the following: (I) Student academic achievement, including the percentage of students who have on-time credit accumulation at the end of each grade and the percentage of students failing a core, credit-bearing, reading or language arts, science, or mathematics course, or failing 2 or more of any courses. (II) The percentage of students who have an attendance rate lower than 90 percent. (III) Annual rates of expulsions, suspensions, school violence, harassment, and bullying, as defined under State or local laws or policies. (IV) Annual, average credit accumulation. (V) Annual, average attendance rates. (VI) Annual rates of students who move in and out of the school within a school year. (VII) Annual, average rates of enrollment in and completion of advanced coursework, including opportunities to earn postsecondary credit while in high school, such as Advanced Placement and International Baccalaureate courses and exams, dual enrollment, and early college. (VIII) Curriculum alignment with college and career ready standards across all grade levels. (IX) The non-academic barriers that impact student achievement and the available support services to address such barriers. (X) The number and percentage of students who do not transition from grade 8 to grade 9 and who have not transferred to and enrolled in a school outside of the local educational agency within the State or out of the State. (iii) An examination, including a description, of each eligible secondary school’s capacity to implement the school reform activities described under subsection (e)(3), including— (I) the capacity and experience levels of administrative, instructional, and noninstructional staff; (II) the budget, including how Federal, State, and local funds are being spent (as of the time of the assessment) and can be better spent; and (III) the technical assistance, additional resources, and staff necessary to implement the activities identified in subsection (e)(3). (iv) An assessment of the capacity of the eligible entity to provide technical assistance and resources to implement the activities described in subsection (e). (E) The rationale for the strategies chosen to be implemented under subsection (e), including how such strategies will address the needs identified through the needs analysis. (F) How the eligible entity will incorporate students with disabilities, English learners, and struggling students into the activities under subsection (e). (G) The performance indicators and targets the eligible entity will use to assess the effectiveness of the activities implemented under this section including— (i) graduation rates; (ii) dropout recovery (re-entry) rates; (iii) percentage of students with less than a 90 percent attendance rate; (iv) percentage of students who have on-time credit accumulation at the end of each grade and the percentage of students failing a core subject course; (v) rates of expulsions, suspensions, school violence, harassment, and bullying, as defined under State or local laws or policies; (vi) annual, average attendance rates; (vii) annual rates of student mobility; (viii) annual rates of student transfers; (ix) college remediation, enrollment, persistence, and completion rates; and (x) percentage of students successfully— (I) completing Advanced Placement or International Baccalaureate courses; (II) completing rigorous postsecondary education courses while attending a secondary school; or (III) enrolling in and completing, career and technical education, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 National Apprenticeship Act 29 U.S.C. 50 et seq. (e) Required uses of funds (1) In general An eligible entity that receives a grant under this section shall use the grant funds to— (A) implement an early warning indicator system to help high schools and feeder middle schools, served by the eligible entity’s local educational agency, to identify struggling students and create a system of evidence-based interventions, by— (i) identifying and analyzing the academic and non-academic risk factors that most reliably predict dropouts by using longitudinal data of past cohorts of students; (ii) identifying specific indicators of student progress and performance, such as attendance and chronic absenteeism, academic performance in core courses, and credit accumulation, to guide decisionmaking; (iii) identifying or developing a mechanism for regularly collecting and analyzing data about the impact of interventions on the indicators of student progress and performance; (iv) analyzing academic indicators to determine whether students are making sufficient academic growth to graduate secondary school in the standard numbers of years; and (v) identifying and implementing strategies for pairing academic support with integrated student services and case-management interventions for students requiring intensive supports, which may include partnerships with other external partners; (B) provide support and credit recovery opportunities for struggling students, including those who are over-aged and under-credited, at secondary schools served by the eligible entity by offering activities, such as— (i) a flexible school schedule; (ii) competency-based learning models and performance-based assessments; and (iii) the provision of support services; (C) provide dropout recovery or re-entry programs to secondary schools that are designed to encourage and support dropouts returning to an educational system, program, or institution following an extended absence in order to graduate college and career ready; (D) provide evidence-based grade and school transition programs and supports, including through curricula alignment; and (E) provide school leaders, instructional staff, noninstructional staff, students, and families with high-quality, easily accessible and timely information about— (i) secondary school graduation requirements; (ii) postsecondary education application processes; (iii) postsecondary admissions processes and requirements, including public financial aid and other available private scholarship and grant aid opportunities; and (iv) other programs and services for increasing rates of college access and success for students from low-income families. (2) Required use of funds in feeder middle schools An eligible entity that receives a grant under this section shall use the grant funds in feeder middle schools to improve the academic achievement of students and prepare students to graduate college and career ready by— (A) using early warning indicator and intervention systems described in paragraph (1)(A); (B) creating a personalized learning environment; (C) implementing a transition strategy to support the successful transition of students between grades, including encouraging collaboration among elementary, middle, and secondary school grades; (D) providing high-quality professional development opportunities to school leaders, teachers, and other school staff to prepare staff to— (i) address the academic challenges of students in middle grades; (ii) understand the developmental needs of students in the middle grades and how to address those needs in an educational setting; (iii) implement data-driven interventions; and (iv) provide academic guidance to students so that students can graduate on college and career ready; and (E) implementing organizational practices and school schedules that allow for collaborative staff participation, team teaching, and common instructional planning time. (3) Required use of funds in eligible secondary schools An eligible entity that receives a grant under this section shall use the grant funds in eligible secondary schools to implement a comprehensive approach that will— (A) personalize the school experience by taking steps such as— (i) creating opportunities for struggling students to receive personalized instruction, including providing a personalized sequence of instructional content and skills development, and opportunities for credit recovery; (ii) implementing competency-based learning models; and (iii) providing ongoing evaluation of student academic achievement and the necessary supports so that students graduate college and career ready; (B) increase student engagement by providing applied learning opportunities; (C) provide school leaders with autonomy through a flexible budget and staffing authority; (D) implement high-quality, evidence-based professional development for teachers and school leaders, provide increased opportunities for teachers to work collaboratively, and improve instruction; (E) improve curriculum and instruction, by— (i) redesigning academic content and instructional practices to align with high academic standards for all students, the criteria associated with admission to and success in postsecondary education, and the skills necessary to be successful in the workplace; (ii) increasing rigor by providing opportunities to earn postsecondary credit while in high school, including through Advanced Placement or International Baccalaureate courses, dual enrollment, and early college; and (iii) implementing competency-based learning models; (F) strengthen the transition between high school and postsecondary education through activities such as— (i) providing academic and career counseling in student-to-counselor ratios that allow students to make informed decisions about academic and career options; (ii) provide high-quality college and career exploration opportunities including college campus visits; (iii) coordinating secondary and postsecondary support services, and academic calendars, to allow students to visit and take courses at institutions of higher education; and (iv) providing academic and support services, including financial aid counseling for postsecondary education; and (G) implement not less than 1 of the following effective secondary school reform strategies to prepare students for college and a career, and to improve graduation rates: (i) Graduation Promise Academies, which include— (I) 9th grade academies taught by teams of teachers who work with small groups of students; (II) career academies for upper grades; (III) extended learning periods, such as block scheduling, to reduce the number of students for whom teachers are responsible and the number of courses students are taking at any one time; (IV) an after-hours credit recovery program; (V) curriculum coaches who provide high-quality professional development and support; (VI) partnerships among parents, teachers, administrators, community-based organizations, and community members focused on improving student achievement; and (VII) a college-going culture, including student supports and guidance. (ii) Career academies, which implement a college and career ready curriculum that integrates rigorous academics, career and technical education, and experiential learning for high school students in high-skill, high-demand industries, in collaboration with local and regional employers. (iii) Dual enrollment programs that provide dual enrollment opportunities with college credit-bearing courses, including accelerated certificate programs with community colleges or other recognized postsecondary credentials. (iv) Early college high schools that design curricula and sequences of courses in collaboration with teachers from the eligible secondary school and faculty from the partner institution of higher education so that students may simultaneously earn credits towards a high school diploma and either an associate degree or transferable postsecondary education credits toward a postsecondary degree at no cost to students or their families. (f) Allowable uses of funds An eligible entity that receives a grant under this section may use grant funds to— (1) improve parent and family engagement in the educational attainment and achievement of struggling students and dropouts to be college and career ready by— (A) leveraging community-based services and opportunities; and (B) providing parents and families with the necessary information, including data on their child’s academic achievement and how to navigate the public school system; (2) provide extended learning opportunities, by extending the school day, week, or year to increase the total number of school hours to include additional time for instruction in academic subjects and enrichment activities that contribute to a well-rounded education; (3) increase student supports through activities such as student advisories, school counseling opportunities, and one-to-one mentoring; and (4) create smaller learning communities. (g) Matching funds (1) In general An eligible entity that receives a grant under this section shall provide matching funds, from non-Federal sources, in an amount equal to not less than 20 percent of the amount of grant funds awarded in the first 3 years of the grant, not less than 50 percent of the amount awarded in the fourth year of the grant, and not less than 75 percent of the amount awarded in the fifth year of the grant, as applicable. (2) Waiver The Secretary may waive all or part of the matching requirement described in paragraph (1) for a fiscal year for an eligible entity, on a case-by-case basis, if the Secretary determines that applying the matching requirement to such eligible entity would result in serious hardship or an inability to carry out the authorized activities described in subsection (e). (h) Supplement not supplant An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant such funds. 2 Accelerated learning 1221. Purposes The purposes of this subpart are— (1) to raise student academic achievement by— (A) increasing the number of teachers serving high-need schools who are qualified to teach Advanced Placement or International Baccalaureate courses; and (B) increasing the number of students attending high-need schools who— (i) enroll and succeed in Advanced Placement or International Baccalaureate courses; and (ii) take Advanced Placement or International Baccalaureate examinations; (2) to increase, and to support statewide and, as applicable, districtwide, efforts to increase the availability of, and enrollment in, Advanced Placement or International Baccalaureate courses, and pre-Advanced Placement or pre-International Baccalaureate courses, in high-need schools; and (3) to provide high-quality professional development for teachers of Advanced Placement or International Baccalaureate courses, and pre-Advanced Placement or pre-International Baccalaureate courses, in high-need schools. 1222. Funding distribution rule From amounts appropriated to carry out this subpart for a fiscal year, the Secretary shall give priority to funding activities under section 1223 and shall distribute any remaining funds under section 1224. 1223. Advanced Placement and International Baccalaureate examination fee program (a) Grants authorized From amounts made available to carry out this subpart for a fiscal year, the Secretary shall award grants to State educational agencies having applications approved under this section to enable the State educational agencies to pay, on behalf of low-income students, part or all of the costs of Advanced Placement or International Baccalaureate examination fees, if the low-income students— (1) are enrolled in an Advanced Placement or International Baccalaureate course; and (2) plan to take an Advanced Placement or International Baccalaureate examination. (b) Award basis In determining the amount of the grant awarded to a State educational agency under this section for a fiscal year, the Secretary shall consider the number of children eligible to be counted under section 1124(c) in the State in relation to the number of such children so counted in all States. (c) Information dissemination A State educational agency that is awarded a grant under this section shall make publicly available information regarding the availability of Advanced Placement or International Baccalaureate examination fee payments under this section, and shall disseminate such information to eligible secondary school students and parents, including through secondary school teachers and counselors. (d) Applications Each State educational agency desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. At a minimum, each State educational agency application shall— (1) describe the Advanced Placement or International Baccalaureate examination fees the State educational agency will pay on behalf of low-income students in the State from grant funds awarded under this section; (2) provide an assurance that any grant funds awarded under this section shall be used only to pay for Advanced Placement or International Baccalaureate examination fees; and (3) contain such information as the Secretary may require to demonstrate that the State educational agency will ensure that a student is eligible for payments authorized under this section, including ensuring that the student is a low-income student. (e) Regulations The Secretary shall prescribe such regulations as are necessary to carry out this section. (f) Report (1) In general Each State educational agency awarded a grant under this section shall, with respect to each Advanced Placement or International Baccalaureate course subject, annually report to the Secretary the following data for the preceding year: (A) The number of students in the State who are taking an Advanced Placement or International Baccalaureate course in such subject. (B) The number of Advanced Placement or International Baccalaureate examinations taken by students in the State who have taken an Advanced Placement or International Baccalaureate course in such subject. (C) The number of students in the State scoring at each level on Advanced Placement or International Baccalaureate examinations in such subject, disaggregated by each of the subgroups of students described in section 1111(a)(2)(B)(x). (D) Demographic information regarding students in the State taking Advanced Placement or International Baccalaureate courses and Advanced Placement or International Baccalaureate examinations in that subject, disaggregated by race, ethnicity, sex, English proficiency status, and socioeconomic status. (2) Report to congress The Secretary shall annually compile the information received from each State educational agency under paragraph (1) and report to the authorizing committees regarding the information. (g) Bureau of Indian Affairs as State educational agency For purposes of this section, the Bureau of Indian Affairs shall be treated as a State educational agency. 1224. Advanced Placement and International Baccalaureate incentive program grants (a) Grants authorized (1) In general From amounts made available to carry out this subpart for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to carry out the authorized activities described in subsection (e). (2) Duration, Renewal, and payments (A) Duration The Secretary shall award a grant under this section for a period of not more than 3 years. (B) Renewal The Secretary may renew a grant awarded under this section for an additional period of not more than 2 years, if an eligible entity— (i) is achieving the objectives of the grant; and (ii) has shown improvement against baseline data on the performance measures described in subparagraphs (A) through (E) of subsection (g)(1). (C) Payments The Secretary shall make grant payments under this section on an annual basis. (b) Definition of eligible entity In this section, the term eligible entity (1) a State educational agency; (2) a high-need local educational agency; or (3) a partnership consisting of— (A) a national, regional, or statewide public or nonprofit organization with expertise and experience in providing Advanced Placement or International Baccalaureate course services; and (B) a State educational agency or a high-need local educational agency. (c) Application (1) In general Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Contents The application shall, at a minimum, include a description of— (A) the goals and objectives for the project supported by the grant under this section, including— (i) increasing the number of teachers serving high-need schools who are qualified to teach Advanced Placement or International Baccalaureate courses; (ii) increasing the number of Advanced Placement or International Baccalaureate courses that are offered at high-need schools; and (iii) increasing the number of students attending a high-need school, particularly low-income students, who succeed in— (I) Advanced Placement or International Baccalaureate courses; and (II) if offered by the school, pre-Advanced Placement or pre-International Baccalaureate courses; (B) how the eligible entity will ensure that students have access to courses, including pre-Advanced Placement or pre-International Baccalaureate courses, that will prepare students to enroll and succeed in Advanced Placement or International Baccalaureate courses; (C) how the eligible entity will provide professional development for teachers that will further the goals and objectives of the grant project; (D) how the eligible entity will ensure that teachers serving high-need schools are qualified to teach Advanced Placement or International Baccalaureate courses; (E) how the eligible entity will provide for the involvement of business and community organizations and other entities, including institutions of higher education, in carrying out the activities described in subsection (e); (F) how the eligible entity will use funds received under this section; and (G) how the eligible entity will evaluate the outcome of the grant project. (d) Priority In awarding grants under this section, the Secretary shall give priority to applications from eligible entities that— (1) are part of a statewide or districtwide strategy, as applicable, for increasing the availability of Advanced Placement or International Baccalaureate courses, and pre-Advanced Placement or pre-International Baccalaureate courses, in high-need schools; (2) demonstrate a focus on increasing the availability of Advanced Placement or International Baccalaureate courses in core academic subjects; and (3) propose to carry out activities that target high-need schools. (e) Authorized activities (1) In general Each eligible entity that receives a grant under this section shall use the grant funds to carry out activities designed to increase— (A) the number of teachers serving high-need schools who are qualified to teach Advanced Placement or International Baccalaureate courses; and (B) the number of students attending high-need schools who succeed in the examinations for such courses, including through reimbursing low-income students attending high-need schools for part or all of the cost of Advanced Placement or International Baccalaureate examination fees. (2) Allowable activities In addition to the activities described in paragraph (1), an eligible entity that receives a grant under this section may use grant funds for— (A) high-quality teacher professional development, in order to expand the pool of teachers in the participating State, high-need local educational agency, or high-need school who are qualified to teach Advanced Placement or International Baccalaureate courses, including through innovative models, such as online academies and training institutes; (B) pre-Advanced Placement or pre-International Baccalaureate teacher and counselor high-quality professional development in secondary school to prepare students for success in Advanced Placement or International Baccalaureate courses and in institutions of higher education; (C) coordination and articulation between grade levels to prepare students to succeed in Advanced Placement or International Baccalaureate courses; (D) purchase of instructional materials for Advanced Placement or International Baccalaureate courses; (E) activities to increase the availability of, and participation in, online Advanced Placement or International Baccalaureate courses; (F) carrying out the requirements of subsection (g); and (G) in the case of an eligible entity described in subsection (b)(1), awarding subgrants to high-need local educational agencies to enable the high-need local educational agencies to carry out authorized activities described in subparagraphs (A) through (F). (f) Contracts An eligible entity that is awarded a grant to provide online Advanced Placement or International Baccalaureate courses under this subpart may enter into a contract with an organization to provide the online Advanced Placement or International Baccalaureate courses, including contracting for necessary support services. (g) Collecting and reporting requirements (1) Report Each eligible entity receiving a grant under this section shall collect and report to the Secretary annually such data regarding the results of the grant as the Secretary may reasonably require, including— (A) the number of students served by the eligible entity enrolling in Advanced Placement or International Baccalaureate courses, and pre-Advanced Placement or pre-International Baccalaureate courses, disaggregated by grade level of the student, and the grades received by such students in the courses; (B) the number of students taking an Advanced Placement or International Baccalaureate examination and the distribution of scores on those examinations, disaggregated by the grade level of the student at the time of examination; (C) the number of teachers who are currently, as of the date of the report, receiving training to teach Advanced Placement or International Baccalaureate courses and will teach such courses in the next school year; (D) the number of teachers becoming qualified to teach Advanced Placement or International Baccalaureate courses; and (E) the number of qualified teachers who are teaching Advanced Placement or International Baccalaureate courses in high-need schools served by the eligible entity. (2) Reporting of data Each eligible entity receiving a grant under this section shall report the data required under paragraph (1)— (A) disaggregated by subject area; (B) in the case of student data, disaggregated in the same manner as information is disaggregated under section 1111(a)(2)(B)(x); and (C) in a manner that allows for an assessment of the effectiveness of the grant program. (h) Evaluation From the amount appropriated for this subpart and reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate the implementation and impact of the activities supported under this section, consistent with section 9601, including progress as measured by the performance measures established under subparagraphs (A) through (E) of subsection (g)(1). (i) Matching requirement (1) In general Subject to paragraph (3), each eligible entity that receives a grant under this section shall provide toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 100 percent of the amount of the grant, except that an eligible entity that is a high-need local educational agency shall provide an amount equal to not more than 50 percent of the amount of the grant. (2) Matching Funds The eligible entity may provide the matching funds described in paragraph (1) in cash or in-kind, fairly evaluated, but may not provide more than 50 percent of the matching funds in-kind. The eligible entity may provide the matching funds from State, local, or private sources. (3) Waiver The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible entity described in paragraph (1) or (2) of subsection (b), if the Secretary determines that applying the matching requirement to such eligible entity would result in serious hardship or an inability to carry out the authorized activities described in subsection (e). 1225. Supplement, not supplant Grant funds provided under this subpart shall supplement, and not supplant, other non-Federal funds that are available to assist low-income students to pay for the cost of Advanced Placement or International Baccalaureate examination fees or to expand access to Advanced Placement or International Baccalaureate courses, and pre-Advanced Placement or pre-International Baccalaureate courses. 1226. Definitions In this subpart: (1) High-need school The term high-need school (A) with a demonstrated need for Advanced Placement or International Baccalaureate courses; and (B) that— (i) has a high concentration of low-income students; or (ii) is designated with a school locale code of 33, 41, 42, or 43, as determined by the Secretary. (2) Low-income student The term low-income student . C Education of migratory children 1301. Program purpose Section 1301 ( 20 U.S.C. 6391 1301. Program purpose It is the purpose of this part to assist States in providing high-quality and comprehensive educational programs (including, as appropriate, instructional and educationally related support services), during the regular school year and summer or intersession periods, that address the unique educational needs of migratory children arising from their migratory lifestyle, in order to help such children— (1) succeed in school; (2) meet the same State college and career ready academic content and student academic achievement standards under section 1111(a)(1) that all children are expected to meet; (3) graduate high school ready for postsecondary education and careers; and (4) overcome educational disruption, cultural and language barriers, social isolation, various health-related problems, and other factors that inhibit the ability of such children to succeed in school. . 1302. Program authorized Section 1302 ( 20 U.S.C. 6392 (1) by striking In order to carry out the purpose of this part From the amounts made available under section 3(d) for a fiscal year to carry out this part (2) by striking combinations consortia (3) by striking to establish to enable such agencies or consortia to establish 1303. State allocations Section 1303 ( 20 U.S.C. 6393 (1) by striking subsection (a) and inserting the following: (a) State allocations Except as provided in subsection (b), the amount awarded to each State (other than the Commonwealth of Puerto Rico) under this part for each fiscal year shall be an amount equal to the product of— (1) the sum of— (A) the average number of identified eligible migratory children aged 3 through 21, residing in the State, based on data for the preceding 3 years; and (B) the number of identified eligible migratory children, aged 3 through 21, who received services under this part in summer or intersession programs provided by the State during the previous year; multiplied by (2) 40 percent of the average per-pupil expenditure in the State, except that the amount calculated under this paragraph shall not be less than 32 percent, or more than 48 percent, of the average per-pupil expenditure in the United States. ; (2) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; (3) by inserting after subsection (a) the following: (b) Hold harmless Notwithstanding subsection (a), for each of fiscal years 2011 through 2013, no State receiving an allocation under this section shall receive less than 90 percent of the State's allocation under this section for the previous year. ; (4) in subsection (c), as redesignated by paragraph (2)— (A) by striking paragraphs (2) and (3); (B) by striking Puerto Rico For each Puerto Rico (C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and by aligning such paragraphs with the margins of paragraph (1) of subsection (e), as redesignated by paragraph (2); (D) in the matter preceding paragraph (1), as redesignated by subparagraph (C)— (i) by striking which that (ii) by striking subsection (a)(1)(A) subsection (g) (E) in paragraph (1), as redesignated by subparagraph (C)— (i) by striking which that (ii) by inserting , except that the percentage calculated under this paragraph shall not be less than 85 percent (5) in subsection (d), as redesignated by paragraph (2)— (A) in paragraph (1)— (i) by striking In general this part In general (A) Ratable reductions If the amount available for allocations to States under this part ; and (ii) in subparagraph (B), by striking If additional Reallocation (B) in paragraph (2)— (i) by striking Special rule Special rule (A) Further reductions The ; (ii) in subparagraph (A), by striking required under section 1304 needed to carry out the approved activities in the application under section 1304 (iii) in subparagraph (B), by striking The Secretary shall Reallocation (iv) by adding at the end the following: (C) Additional requirements The Secretary— (i) shall— (I) develop and implement a procedure for monitoring the accuracy of the information described in subparagraph (A); and (II) issue, through regulations or guidance, criteria for a system of State quality control for the accuracy of State counts of eligible migratory children; and (ii) may not reduce the amount of a State allocation under this paragraph on the basis of unintentional errors in such counts for States implementing a system of State quality control that meets the criteria described in clause (i)(II), if the discrepancy between the initial State count and any subsequent revisions is minimal. ; (6) in subsection (f), as redesignated by paragraph (2)— (A) in the matter preceding paragraph (1), by inserting best serve migratory children under this part and In order to (B) in paragraph (1), by striking such information as the Secretary finds the most recent information that (C) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; (D) by inserting after paragraph (1) the following: (2) develop and implement a procedure for monitoring the accuracy of such information, if such a procedure does not create barriers to the families of migratory children who are eligible for services under this part; ; (E) in paragraph (3), as redesignated by subparagraph (C), by striking develop and implement a procedure for more accurately reflecting update such procedure, and implement the updated procedure, to more accurately reflect the (F) in paragraph (4)(A), as redesignated by subparagraph (C), by inserting of high-quality, sustained, and intensive education services special programs (G) in paragraph (5), as redesignated by subparagraph (C), by striking the child whose education has been interrupted migratory children (7) by adding at the end the following: (g) Nonparticipating States In the case of a State desiring to receive an allocation under this part for a fiscal year that did not receive an allocation for the previous fiscal year or that has been participating for less than 3 consecutive years, the Secretary shall calculate the State’s number of identified migratory children aged 3 through 21 for purposes of subsection (a)(1)(A) by using the most recent data available that identifies the migratory children residing in the State until data is available to calculate the 3-year average number of such children in accordance with such subsection. . 1304. State applications; services Section 1304 ( 20 U.S.C. 6394 (1) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking special unique (II) by inserting and out of school migratory children preschool migratory children (ii) in subparagraph (B)— (I) by striking migrant migratory (II) by striking part A or B of title III part A of title III (B) in paragraph (2)— (i) by striking migratory students migratory children (ii) by striking same challenging standards that same State college and career ready academic content and student academic achievement standards adopted under section 1111(a)(1) that (C) by striking paragraph (6); (D) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; (E) by inserting after paragraph (2) the following: (3) a description of how the State will meet the requirements of section 1308(b) for the timely electronic transfer of student records and how the State will use such records transfer to meet the unique educational needs of migratory students and remove barriers to the proper enrollment and retention of migratory children in schools; ; (F) in paragraph (4), as redesignated by subparagraph (D)— (i) by striking require, the State require and using the linkage system described in section 1308(b), the State and each of its local operating agencies (ii) by striking another another or from 1 school district to another (iii) by striking such move such a move (G) in paragraph (7)— (i) by striking family literacy services family literacy activities (ii) by striking program or project serves programs and projects serve (iii) by striking who have parents who whose parents (iv) by striking the period at the end and inserting ; and (H) by adding at the end the following: (8) such budgetary and other information as the Secretary may require. ; (2) in subsection (c)— (A) in paragraph (2), by striking part I part F (B) by striking paragraph (3) and inserting the following: (3) in the planning and operation of programs and projects at both the State and local agency operating levels, there is consultation with parent advisory councils for programs of not less than 1 school year in duration, and that all such programs and projects are— (A) conducted in a manner that provides for the same parental involvement as is required for programs and projects under section 1118, including, to the extent practicable, descriptions required for parental involvement under section 1118(a)(3)(A), unless extraordinary circumstances make such provision impractical; and (B) are developed in a format and language understandable to the parents; ; (C) in paragraph (4), by inserting and migratory children who are not attending school (D) in paragraph (6), by striking subparagraph (C) and inserting the following: (C) family literacy programs that are determined to be high quality; ; and (E) by striking paragraph (7) and inserting the following: (7) the State has procedures in place to verify the accuracy and completeness of any data regarding the counting of migratory children that is submitted to the Secretary under this part. ; and (3) in subsection (d)— (A) by striking who are failing who have made a move within the previous 1-year period and who— (1) are failing, or most at risk of failing, to meet the State college and career ready academic content standards and student academic achievement standards adopted under section 1111(a)(1); or (2) have dropped out of school. ; and (B) in subsection (e)— (i) in paragraph (2), by striking 1 one (ii) in paragraph (3), by striking secondary school students students 1305. Secretarial approval; peer review Section 1305(b) (20 U.S.C. 6395(b)) is amended by striking may shall, to the extent practicable, 1306. Comprehensive needs assessment and service-delivery plan; authorized activities Section 1306 ( 20 U.S.C. 6396 (1) in subsection (a)(1)— (A) in the matter preceding subparagraph (A)— (i) by striking special unique (ii) by inserting , consistent with the purposes of this part, migratory children (B) by striking subparagraph (B); (C) by redesignating subparagraphs (C) through (G) as subparagraphs (E) through (I), respectively; (D) by inserting after subparagraph (A) the following: (B) addresses the unique educational needs of migratory children; (C) is developed in collaboration with parents of migratory children; (D) is not used to supplant State efforts regarding, or administrative funding for, this part; ; (E) in subparagraph (E), as redesignated by subparagraph (C), by striking same challenging standards that same State college and career ready academic content and student academic achievement standards adopted under section 1111(a)(1) that (F) in subparagraph (H), as redesignated by subparagraph (C)— (i) by striking early childhood programs, early childhood education programs, (ii) by striking part A or B of title III part A of title III (2) in subsection (b)— (A) in paragraph (1), by striking local educational local operating (B) by striking paragraph (2) and inserting the following: (2) Unmet needs Funds provided under this part shall be used to meet the needs of migratory children that are not met by services available from other Federal or non-Federal programs, except that migratory children who are eligible to receive services under part A may receive those services through funds provided under that part or through funds under this part that remain after the agency meets the needs described in paragraph (1). ; and (C) in paragraph (4), by striking special educational unique educational 1307. Bypass Section 1307 ( 20 U.S.C. 6397 make arrangements with award grants to, or enter into contracts with, 1308. National activities Section 1308 ( 20 U.S.C. 6398 (1) by striking the section heading and inserting National activities. (2) in subsection (a)— (A) in paragraph (1)— (i) by striking nonprofit entities to improve entities to— (A) improve ; (ii) by inserting through the establishment (iii) by striking the period at the end and inserting ; and (iv) by adding at the end the following: (B) improve the coordination between State educational agencies, local operating agencies, and their counterparts in other nations in educating migratory children who move between the United States and such nations. ; and (B) in paragraph (2), by inserting or contracts Grants (3) in subsection (b)— (A) by striking paragraph (1) and inserting the following: (1) Assistance In order to determine the number of migratory children in each State, the Secretary shall assist each State in maintaining an effective system for the electronic transfer of student records. ; (B) in paragraph (2)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by striking The Secretary, in consultation may include— The Secretary, in consultation with the States, shall continue to ensure the linkage of migratory child record systems for the purpose of electronically exchanging, within and among the States, health and educational information regarding all migratory children eligible under this part. The Secretary shall ensure such linkage occurs in a cost-effective manner, utilizing systems used by the State prior to, or developed after, the date of enactment of the Strengthening America’s Schools Act of 2013 (II) in clause (ii), by striking section 1111(b) section 1111(a)(2) (ii) by striking subparagraph (B) and inserting the following: (B) Consultation The Secretary shall maintain ongoing consultation with the States, local educational agencies, and other migratory student service providers on— (i) the effectiveness of the system of electronic records transfer described in subparagraph (A); and (ii) the ongoing improvement of such system. ; and (C) in paragraph (4)— (i) in subparagraph (A)— (I) by striking 2003 2012, and every 2 years thereafter, (II) by striking the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives the authorizing committees (ii) in subparagraph (B)— (I) in clause (ii), by striking the development and linkage of maintaining (II) in clause (iii), by striking measures that may be taken to ensure improving (4) by redesignating subsection (c) as subsection (f), and transferring such subsection so as to follow subsection (e); (5) by inserting after subsection (b) the following: (c) Technical assistance The Secretary may provide technical assistance designed to support State efforts to meet the needs of migratory children, which may include supporting the attendance of State and local operating agency staff, and other appropriate individuals, at special meetings convened by the Secretary in order to carry out activities consistent with this section. ; (6) in subsection (d)— (A) by striking , pursuant to criteria that the Secretary shall establish, (B) by striking whose education is interrupted described in section 1304(d) (7) by striking subsection (e) and inserting the following: (e) Improvements and coordination From any funds made available under this section and remaining after carrying out the requirements under subsections (b) and (d), the Secretary, in consultation with the States, may make grants to, or enter into contracts with, State educational agencies, local educational agencies, institutions of higher education, and other public and private nonprofit entities to improve the interstate and intrastate coordination among such agencies’ and entities’ programs available to migratory students consistent with this section, including the establishment or improvement of programs for academic credit accrual and exchange. . 1309. Performance data; evaluations and study; State assistance Part C of title I ( 20 U.S.C. 6391 et seq. (1) by redesignating section 1309 as section 1312; and (2) by inserting after section 1308 the following: 1309. Performance data Consistent with section 1111(d)(3)(B), and in a manner prescribed by the Secretary, each State that receives a grant under this part shall annually submit to the Secretary, and make public, data on— (1) the academic achievement of migratory students, as measured by the State assessments required under section 1111(a)(2); (2) such students' high school graduation rates and rates of enrollment and persistence in, and completion of a program of study at, institutions of higher education; and (3) the results of such other performance measures and targets as the Secretary may prescribe. 1310. Evaluation and study (a) Program evaluation From the amount reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate the implementation and impact of the activities supported under this part, consistent with section 9601. (b) Study The Secretary shall conduct a pilot study, funded as part of the 2012 National Assessment of Educational Progress, on the feasibility of using the National Assessment of Educational Progress for assessing and reporting on the academic achievement of migratory children in grades 4 and 8 in reading and mathematics. 1311. State assistance in determining number of migratory children Each State that desires to receive assistance under this part shall assist the Secretary in determining the number of migratory children in such State under paragraphs (1) and (2) of subsection (a), and subsection (g), of section 1303 through such procedures as the Secretary may require, except that the Secretary shall not require additional information that is not directly related to determining the migratory status of the child or the administration of this part. . 1310. Definitions Section 1312 ( 20 U.S.C. 6399 (1) by redesignating paragraphs (1) and (2) as paragraphs (3) and (5), respectively; (2) by inserting before paragraph (3), as redesignated by paragraph (1), the following: (1) Food processor The term food processor (2) Initial commercial sale The term initial commercial sale (A) for refining to the next-stage processor; (B) to the wholesaler; (C) to the retailer; or (D) directly to the consumer. ; (3) by inserting after paragraph (3), as redesignated by paragraph (1), the following: (4) Migratory agricultural worker The term migratory agricultural worker (A) made a qualifying move in the preceding 36-month period; and (B) after making such move, sought or engaged in employment in agricultural work, which may be dairy work or the initial processing of raw agricultural products. ; and (4) by striking paragraph (5), as redesignated by paragraph (1), and inserting the following: (5) Migratory child The term migratory child (A) is, or whose parent or spouse is, a migratory agricultural worker or migratory fisher who is currently engaged in, or seeking to obtain, temporary or seasonal employment, usually for not longer than 15 months, in agricultural or fishing work until the point of the initial commercial sale (including employment as a migratory dairy worker, a food processor, or a migratory fisher); and (B) in the preceding 36 months— (i) has moved from 1 school district to another; (ii) in a State that is comprised of a single school district, has moved from 1 administrative area to another within such district; or (iii) resides in a school district of more than 15,000 square miles, and migrates a distance of 20 miles or more to a temporary residence to engage in, or to accompany a parent or spouse engaging in, a fishing activity. (6) Migratory fisher The term migratory fisher (7) Qualifying move The term qualifying move (A) means— (i) a move from 1 school district to another, or from 1 administrative area to another within a State that is comprised of a single school district; and (ii) in the case of a migratory fisher who resides in a school district of more than 15,000 square miles, includes migrating a distance of 20 miles or more to a temporary residence; and (B) with respect to a qualifying move for a parent or spouse of a migratory child, means a move described in subparagraph (A) that is separated by not more than 1 year from the move or migration described in paragraph (5)(B) of the migratory child. . D Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk 1401. Purpose and program authorization Section 1401 (20 U.S.C. 6421) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking challenging State academic content standards and challenging State student academic achievement standards college and career ready academic content standards and student academic achievement standards under section 1111(a)(1) (B) in paragraph (3), by striking to prevent at-risk youth from dropping out of school, and (2) in subsection (b), by striking 1002(d) 3(e) 1402. Allocation of funds (a) Section 1402 (20 U.S.C. 6422) is amended by inserting after subsection (b) the following: (c) Reservation for the Secretary of the interior From the amount appropriated for this part in any fiscal year, the Secretary shall reserve 0.5 percent to provide assistance to the Secretary of the Interior to provide educational services for at-risk Indian children, including Indian youth in correctional facilities operated by the Secretary of the Interior or by an Indian tribe. . (b) Section 1412(b) ( 20 U.S.C. 6432(b) (2) Minimum percentage The percentage in paragraph (1)(A) shall not be less than 85 percent. . 1403. State plan and State agency applications Section 1414 (20 U.S.C. 6434) is amended— (1) in subsection (a)— (A) in paragraph (1)(B)— (i) by striking from between (ii) by striking to and (B) in paragraph (2)— (i) in subparagraph (A), by striking academic, vocational, and technical skills college and career readiness (as determined based on the State college and career ready academic content and student academic achievement standards under section 1111(a)(1)) (ii) in subparagraph (B), by striking and (C) in subparagraph (C)(iv), by striking the period at the end and inserting ; and (D) by adding at the end the following: (D) provide assurances that the State educational agency has established— (i) procedures to ensure that each student who has been placed in the juvenile justice system is promptly re-enrolled in secondary school or placed in a re-entry program that best meets the educational and social needs of the student; (ii) procedures for facilitating the transfer of credits that such students earned during placement; and (iii) opportunities for such students to participate in higher education or career pathways. ; and (2) in subsection (c)— (A) in paragraph (1)— (i) by inserting and respond to assess (ii) by inserting , including an assessment upon entry into a correctional facility (B) in paragraph (8), by striking vocational career (C) in paragraph (9)— (i) by striking encourage require, to the extent practicable, (ii) by inserting and after prior to (iii) by inserting and that transition plans are in place (D) in paragraph (11)— (i) by inserting such transition of (ii) by striking from between (iii) by striking institution to locally operated institution and locally operated education (E) in paragraph (16)— (i) by inserting and obtain a secondary school diploma reenter school (ii) by inserting that leads to economic self-sufficiency employment (F) in paragraph (17), by inserting certified or licensed teachers 1404. Use of funds Section 1415(a) ( 20 U.S.C. 6435(a) (1) in paragraph (1)(B), by striking vocational career (2) in paragraph (2)— (A) in subparagraph (B)— (i) in clause (i), by striking challenging academic content standards and student academic achievement standards college and career ready academic content standards and student academic achievement standards under section 1111(a)(1) (ii) in clause (iii), by striking challenging such (B) in subparagraph (C)— (i) by striking part I part F (ii) by striking and (C) in subparagraph (D), by striking the period at the end and inserting ; and (D) by adding at the end the following: (E) may include the costs of testing for such children and youth for a recognized equivalent of a secondary school diploma. . 1405. Institution-wide projects Section 1416 ( 20 U.S.C. 6436 (1) in paragraph (3), by striking challenging State academic content standards and student academic achievement standards college and career ready academic content standards and student academic achievement standards under section 1111(a)(1) (2) in paragraph (4)— (A) by striking pupil services specialized instructional support services (B) by inserting and the development and implementation of transition plans (3) in paragraph (6), by inserting and improve assess 1406. Transition services Section 1418(a) ( 20 U.S.C. 6438(a) (1) 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 or Indian tribes, and schools served by local educational agencies or schools funded by the Bureau of Indian Education; or ; and (2) in paragraph (2), by striking vocational career 1407. Program evaluation Section 1419 is amended to read as follows: 1419. Program evaluation From the amount reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute for Education Sciences, shall, in consultation with the relevant program office of the Department, evaluate the implementation and impact of the activities supported under this part, consistent with section 9601. . 1408. Purpose of local agency programs Section 1421 (20 U.S.C. 6451) is amended— (1) in the matter preceding paragraph (1), by inserting , including correctional facilities in the State operated by the Secretary of the Interior and Indian tribes facilities (2) in paragraph (1), by striking , training, employment, or further education and college and career readiness (as determined based on the State college and career ready academic content and student academic achievement standards under section 1111(a)(1)) (3) in paragraph (3), by inserting , including schools funded by the Bureau of Indian Education, schools 1409. Programs operated by local educational agencies Section 1422 (20 U.S.C. 6452) is amended— (1) in subsection (a), by inserting , and including facilities in the State operated by the Secretary of the Interior and Indian tribes. day programs) (2) in subsection (d)— (A) by striking meet the transitional meet the transitional needs (including the social and emotional needs) (B) by striking meeting the transitional meeting such transitional (C) by inserting , schools funded by the Bureau of Indian Education, returning to local educational agencies 1410. Local educational agency applications Section 1423 (20 U.S.C. 6453) is amended— (1) in paragraph (2)— (A) in subparagraph (A), by inserting or, as appropriate, an Indian tribe in the State agency (B) in subparagraph (B), by inserting , including such facilities operated by the Secretary of the Interior and Indian tribes system (2) by redesignating paragraphs (4) through (13) as paragraphs (5) through (14), respectively; (3) by inserting after paragraph (3) the following: (4) a description of the process of consultation and coordination with Indian tribes in the State regarding services provided under the program to children and youth who are Indian; ; (4) in paragraph (7), as redesignated by paragraph (2), by striking , at-risk children or youth, and other participating children or youth, and at-risk children or youth, (5) in paragraph (9), as redesignated by paragraph (2), by inserting and family members parents (6) in paragraph (10), as redesignated by paragraph (2), by striking vocational career (7) in paragraph (13), as redesignated by paragraph (2), by striking and after the semicolon; (8) in paragraph (14), as redesignated by paragraph (2), by striking the period at the end and inserting ; and (9) by inserting after paragraph (14), as redesignated by (2), the following: (15) a description of the demographics of the children and youth served and an assurance that the activities under this subpart meet the cultural, language, and academic needs of such children and youth. . 1411. Uses of funds Section 1424 ( 20 U.S.C. 6454 (1) in paragraph (2), by striking , including gang members (2) in paragraph (4)— (A) by striking vocational and technical education career and technical education, costs associated with testing for a recognized equivalent of a secondary school diploma (B) by striking and (3) in paragraph (5), by striking the period at the end and inserting ; and (4) by adding at the end the following: (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. . 1412. Program requirements for correctional facilities receiving funds under this section Section 1425 ( 20 U.S.C. 6455 (1) in paragraph (9), by striking vocational career (2) in paragraph (10), by striking and (3) in paragraph (11), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: (12) 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 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. . 1413. Accountability Section 1426 ( 20 U.S.C. 6456 1426. Accountability The State educational agency— (1) shall require correctional facilities or institutions for delinquent children and youth to annually report on the number of children and youth released from the correctional facility or institution who returned or did not return to school, the number of children and youth obtaining a secondary school diploma or its recognized equivalent, and the number of children and youth obtaining employment; and (2) may require correctional facilities or institutions for delinquent children and youth to demonstrate, after receiving assistance under this subpart for 3 years, that there has been an increase in the number of children and youth returning to school, obtaining a secondary school diploma or its recognized equivalent, or obtaining employment after such children and youth are released. . 1414. Program evaluations Section 1431 ( 20 U.S.C. 6471 (1) in the matter preceding subsection (a), by striking State agency or local educational agency State agency, local educational agency, or Indian tribe (2) in subsection (a)— (A) in paragraph (1), by inserting , including the ability to become college and career ready, as determined under the State academic content and student academic achievement standards under section 1111(a)(1), and to graduate high school in the standard number of years (B) in paragraph (3), by inserting or school funded by the Bureau of Indian Education local educational agency (3) in subsection (c), by striking a State agency or local educational agency a State agency, local educational agency, or Indian tribe (4) by striking subsection (d) and inserting the following: (d) Evaluation results (1) In General Each State agency, local educational agency, and Indian tribe shall— (A) submit evaluation results to the State educational agency and the Secretary; and (B) use the results of evaluations under this section to plan and improve subsequent programs for participating children and youth. (2) Results to the Secretary of the Interior Each Indian tribe shall also submit evaluation results to the Secretary of the Interior. . 1415. Definitions Section 1432(2) ( 20 U.S.C. 6472(2) (1) in subsection (a)— (A) by striking or local or Indian tribe (B) in paragraph (3), by inserting or school funded by the Bureau of Indian Education (2) in subsection (c), by inserting or Indian tribe (3) by striking subsection (d) and inserting the following: (d) Evaluation results (1) Each State agency, local educational agency, and Indian tribe shall— (A) submit evaluation results to the State educational agency and the Secretary; and (B) use the results of evaluation sunder this section to plan and improve subsequent programs for participating children and youth. (2) Each Indian tribe shall also submit evaluation results to the Secretary of the Interior. . E Educational stability of children in foster care 1501. Educational stability of children in foster care (a) In general Part E of title I ( 20 U.S.C. 6491 et seq. E Educational stability of children in foster care 1501. Educational stability of children in foster care (a) Obligations To collaborate with child welfare agencies (1) In general Each State educational agency receiving assistance under part A shall collaborate 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. (A) Attendance at a school of origin (i) In general The child enrolls or remains in the child’s school of origin, unless a determination is made that it is in the child’s best interest to attend a different school. (ii) Limitation A child who leaves foster care shall only be entitled to remain in the child's school of origin for the remainder of the school year. (B) Immediate enrollment When a determination is made regarding the school that it is in the best interest of a child in foster care to attend, the child shall be immediately enrolled in such school, even if the child is unable to produce records normally required for enrollment, such as previous academic records, immunization and medical records, a birth certificate, guardianship records, proof of residency, or other documentation. (C) Records transfer Any records ordinarily kept by a school, including records of immunizations, health screenings, and other required health records, academic records, birth certificates, evaluations for special services or programs, and any individualized education programs (as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)), regarding a child in foster care shall be— (i) maintained so that the records involved are available, in a timely fashion, when a child in foster care enters a new school; and (ii) immediately transferred to the enrolling school, even if the child owes fees or fines or was not withdrawn from previous schools in conformance with local withdrawal procedures. (2) Implementation Each State educational agency receiving assistance under part A shall ensure that the plan described in paragraph (1) is implemented by the local educational agencies in the State. (b) Credit transfer and diplomas Each State that receives assistance under part A shall have policies for ensuring that— (1) a child in foster care who is changing schools can transfer school credits and receive partial credits for coursework satisfactorily completed while attending a prior school or educational program; (2) a child in foster care is afforded opportunities to recover school credits lost due to placement instability while in foster care; and (3) a child in foster care who has changed secondary schools can receive a secondary school diploma either from one of the schools in which the child was enrolled or through a State-issued secondary school diploma system, consistent with State graduation requirements. (c) Transportation Not later than 1 year after the date of enactment of the Strengthening America’s Schools Act of 2013 42 U.S.C. 675(1)(G) (1) How foster care maintenance payments will be used to help fund the transportation of children in foster care to their schools of origin. (2) How children who leave foster care will receive transportation to maintain their enrollment in their schools of origin for the remainder of the academic year, if remaining in their schools of origin is in their best interests. (d) Points of contact (1) Local educational agencies A State that receives assistance under part A shall ensure that each local educational agency in the State designates an individual employed by the agency to serve as a point of contact for the child welfare agencies responsible for children in foster care enrolled in the local educational agency and to oversee the implementation of the local educational agency requirements under this section. A local educational agency's point of contact shall not be the individual designated as its local educational agency liaison under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act, unless such individual has the capacity, resources, and time to perform both roles. (2) State educational agencies Each State educational agency receiving assistance under part A shall designate an individual to serve as a point of contact for child welfare agencies and to oversee the implementation of the State educational agency requirements under this section. A State educational agency's point of contact shall not be the individual designated as the State's Coordinator for Education of Homeless Children and Youths under section 722(d)(3) of the McKinney-Vento Homeless Assistance Act, unless such individual has the capacity, resources, and time to perform both roles. 1502. Definitions In this part: (1) Child in foster care The term child in foster care 42 U.S.C. 621 et seq. (2) School attendance area The term school attendance area (3) School of origin The term school of origin (A) The public school in which the child was enrolled prior to entry into foster care. (B) The public school in which the child is enrolled when a change in foster care placement occurs. (C) The public school the child attended when last permanently housed, as such term is used in section 722(g)(3)(G) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(3)(G) . (b) Guidance Not later than 90 days after the date of enactment of this Act, the Secretary, in collaboration with the Secretary of Health and Human Services, is directed to issue guidance on the implementation of part E of title I of the Elementary and Secondary Education Act of 1965, including how State and local agencies will work together to ensure that transportation for children in foster care is provided to the school of origin. F General provisions 1601. Reorganization (a) In general Title I ( 20 U.S.C. 6301 et seq. (1) by striking parts F through H; (2) by redesignating part I as part F; and (3) by redesignating sections 1901 through 1908 as sections 1601 through 1608, respectively. (b) Technical and conforming amendments Part F of title I, as redesignated by subsection (a)(2), is further amended— (1) in section 1601(b)(4)(A) (20 U.S.C. 6571(b)(4)(A)), as redesignated by subsection (a)(3), by striking No Child Left Behind Act of 2001 Strengthening America’s Schools Act of 2013 (2) in section 1602(a) ( 20 U.S.C. 6572(a) 1901 1601 (3) in section 1603(b)(2)(G) (20 U.S.C. 6573(b)(2)(G)), as redesignated by subsection (a)(3), by striking pupil services personnel specialized instructional support personnel (4) in section 1608 ( 20 U.S.C. 6578 No Child Left Behind Act of 2001 Strengthening America’s Schools Act of 2013 II Supporting teacher and principal excellence 2101. Supporting teacher and principal excellence (a) Technical amendments The Act (20 U.S.C. 6301 et seq.) is amended— (1) in title II, by striking the title heading and inserting Supporting Teacher and Principal Excellence (2) by redesignating subpart 3 of part D of title II as part I of title IV, and transferring such part I so as to follow part H of title IV, as added by section 4108 of this Act; (3) in part I of title IV, as redesignated by paragraph (2), by striking the part heading and inserting the following: Ready-to-Learn (4) by redesignating section 2431 as section 4901; (5) in section 4901, as redesignated by paragraph (4)— (A) by striking the section heading and inserting the following: Ready-to-Learn (B) in subsection (a)— (i) in paragraph (1)(E)(ii)— (I) by striking Even Start providers, (II) by striking family literacy services family literacy activities (ii) in paragraph (2)— (I) by striking Even Start providers, (II) by striking family literacy services family literacy activities (iii) in paragraph (4)(B), by striking Even Start, and (C) in subsection (c)(2), by striking relevant committees of Congress authorizing committees (D) by striking subsection (e) and inserting the following: (e) Funding rule Not less than 60 percent of the amount appropriated to carry out this section for each fiscal year shall be used to carry out activities under subparagraphs (B) through (D) of subsection (a)(1). ; (6) by redesignating subpart 5 of part C of title II as subpart 3 of part E of title IX, and transferring such subpart 3 so as to follow subpart 2 of part E of title IX; (7) by redesignating sections 2361, 2362, 2363, 2364, 2365, 2366, 2367, and 2368, as sections 9541, 9542, 9543, 9544, 9545, 9546, 9547, and 9548, respectively; and (8) in section 9546(b), as redesignated by paragraph (7), 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. . (b) Supporting teacher and principal excellence Title II (20 U.S.C. 6601 et seq.), as amended by subsection (a), is further amended by striking parts A, B, C, and D, and inserting the following: A Continuous Improvement and Support for Teachers and Principals 2101. Purpose The purpose of this part is to provide grants to State educational agencies and subgrants to local educational agencies to enable such agencies to improve academic achievement for all students, including students with disabilities and English learners, by— (1) providing professional development that is based on the result of a rigorous, transparent, and fair evaluation and is designed to improve instruction and student achievement; and (2) increasing the number and improving the equitable distribution of teachers and principals in accordance with section 1111(b)(1)(R). 2102. Definitions In this part: (1) Induction program The term induction program (2) Mentoring The term mentoring (A) includes clear criteria for the selection of mentors that takes into account the mentor’s— (i) record of increasing student achievement; and (ii) ability to facilitate professional development activities; (B) provides high-quality training for mentors in how to support teachers or principals; (C) provides regularly scheduled time for collaboration, examination of student work and achievement data, and observation of teaching, and identifies and addresses areas for improvement; and (D) matches mentees with mentors in the same field, grade, grade span, or subject area. (3) State The term State 1 Grants to States 2111. Allotments to States (a) In general The Secretary shall make grants to States with applications approved under section 2112 to enable the States to carry out the activities specified in section 2113. Each grant shall consist of the allotment determined for a State under subsection (b). (b) Determination of allotments (1) Reservation of funds From the total amount appropriated to carry out this subpart for a fiscal year, the Secretary shall reserve— (A) one-half of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this part; and (B) one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education. (2) State allotments (A) In general Subject to subparagraph (B), from the funds appropriated to carry out this subpart and not reserved under paragraph (1), the Secretary shall allot to each State the sum of— (i) an amount that bears the same relationship to 35 percent of the remaining amount as the number of individuals ages 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (ii) an amount that bears the same relationship to 65 percent of the remaining amount as the number of individuals, ages 5 through 17 from families with incomes below the poverty line, in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined. (B) Exception No State receiving an allotment under subparagraph (A) may receive less than one-half of 1 percent of the total amount allotted under such subparagraph. (3) Reallotment If any State does not receive an allotment under this subsection for any fiscal year, the Secretary shall reallot the amount of the allotment to the remaining States in accordance with this subsection. 2112. State applications (a) In general For a State to be eligible to receive a grant under this subpart, the State educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (b) Contents Each application submitted under this section shall include— (1) a description of how the State educational agency will— (A) ensure that each local educational agency receiving a subgrant under subpart 2 will comply with the requirements of such subgrant, including implementing a professional growth and improvement system; (B) provide technical assistance to support such implementation; and (C) ensure that the State educational agency regularly assesses implementation and results across local educational agencies’ professional growth and improvement systems to ensure comparability across the State in implementation of such systems in differentiating teacher and principal performance levels; (2) a description of how the State will use funds reserved under section 2113(a); (3) a description of how the activities to be carried out by the State educational agency under this subpart will be evidence-based and an explanation of why the activities are expected to improve student achievement; (4) a description of how activities under this subpart are aligned with State academic content and student academic achievement standards and State assessments, which include, as appropriate, State early learning standards for children younger than kindergarten; (5) a description of how the State educational agency, working with local educational agencies, will provide data on each teacher’s student achievement and growth for the State assessments required under section 1111(a)(2) to teachers and local educational agencies, in a timely and useful manner; (6) a description of how the State educational agency will hold local educational agencies accountable for meeting the requirements of section 1117; (7) an assurance that the State educational agency will comply with section 9501 (regarding participation by private school children and teachers); (8) a description of the activities funded under this subpart, including how such activities will be coordinated with the State agency responsible for early childhood education programs and the State Advisory Council on Early Childhood Education and Care established under section 642B of the Head Start Act, that are designed to improve and strengthen the knowledge and skills of teachers and principals responsible for educating children in preschool, where applicable, through grade 3; (9) a description of how the State educational agency will provide for the equitable distribution of teachers in accordance with section 1111(b)(1)(K); and (10) an assurance that the State educational agency is encouraging collaboration between higher education-based educator preparation programs, the State, and local educational agencies to promote the readiness of new educators entering the profession through clinical experience and interaction, as well as other activities. (c) Deemed approval An application submitted by a State educational agency pursuant to subsection (a) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with this subpart. (d) Disapproval The Secretary shall not finally disapprove the application, except after giving the State educational agency notice and an opportunity for a hearing. (e) Notification If the Secretary finds that the application is not in compliance, in whole or in part, with this subpart, the Secretary shall— (1) give the State educational agency notice and an opportunity for a hearing; and (2) notify the State educational agency of the finding of noncompliance and, in such notification, shall— (A) cite the specific provisions in the application that are not in compliance; and (B) request additional information, only as to the noncompliant provisions, needed to make the application compliant. (f) Response If the State educational agency responds to the Secretary’s notification described in subsection (e)(2) during the 45-day period beginning on the date on which the agency received the notification, and resubmits the application with the requested information described in subsection (e)(2)(B), the Secretary shall approve or disapprove such application prior to the later of— (1) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or (2) the expiration of the 120-day period described in subsection (c). (g) Failure To respond If the State educational agency does not respond to the Secretary’s notification described in subsection (e)(2) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed to be disapproved. 2113. State use of funds (a) In general A State that receives a grant under section 2111— (1) shall reserve 95 percent of the funds made available through the grant to make subgrants to local educational agencies as described in subpart 2; (2) shall use not less than 2 percent but not more than 5 percent of funds made available through the grant to support local educational agencies in— (A) improving the performance and equitable distribution of principals and, at the State’s discretion, other school leaders, including through— (i) activities designed to recruit, prepare, place, assist, support, and retain highly rated principals for high-need schools and low-performing schools, including through compensation or incentives; and (ii) providing training and support to principals and school leadership teams in high-need schools and low-performing schools on improving instruction and closing achievement gaps; and (B) providing technical assistance to local educational agencies to support the design and implementation of professional growth and improvement systems, including— (i) developing and disseminating research-based models and designing high-quality evaluation tools, such as classroom observation rubrics; (ii) developing and providing training for principals and other evaluators on how to evaluate teachers in order to differentiate teacher performance accurately, provide useful feedback, and use evaluation results to inform decisionmaking about professional development, improvement strategies, and personnel decisions; (iii) developing methods, including training and auditing, for ensuring inter-rater reliability of evaluation results; (iv) providing information on the appropriate collection, reporting, analysis, and use of evaluation data; and (v) developing a system for auditing the quality of professional growth and improvement systems, including the correlation with student achievement and continuous improvement, and improving such systems based on data and feedback; and (3) shall use funds remaining after making the reservations under paragraphs (1) and (2) to— (A) plan and administer State activities under this part, including awarding, monitoring, and enforcing the requirements of subgrants awarded under subpart 2; (B) assist local educational agencies in recruiting, preparing, placing, developing, and retaining highly rated teachers for high-need schools and low-performing schools; (C) provide technical assistance, as necessary, to local educational agencies that receive subgrants under subpart 2, to improve performance on the measures described in section 2141(b), as applicable; (D) develop and disseminate the State Report described in subpart 4, and use the information in the State Report to guide efforts under this part; and (E) provide technical assistance and support to local educational agencies in the development and implementation of programs and policies that support young children’s transition from early childhood education programs into elementary schools, improve school readiness, and improve the academic achievement of young children. (b) Optional uses (1) In general A State that receives a grant under section 2111 may, from the funds available for the uses described in subsection (a)(2), use an amount equal to not more than 1 percent of the funds made available through the grant to establish, expand, or implement 1 or more teacher or principal preparation academies and to provide for a State authorizer, if— (A) the State does not have in place legal, statutory, or regulatory barriers to the creation or operation of teacher or principal preparation academies; (B) the State enables candidates attending a teacher or principal preparation academy to be eligible for State financial aid to the same extent as participants in other State-approved teacher or principal preparation programs, including alternative certification, licensure, or credential programs; (C) the State enables teachers or principals who are teaching or working while on alternative certificates, licenses, or credentials to teach or work in the State while enrolled in a teacher or principal preparation academy; and (D) the State will recognize a certificate of completion (from any teacher or principal preparation academy that is not, or is unaffiliated with, an institution of higher education), as at least the equivalent of a master’s degree in education for the purposes of hiring, retention, compensation, and promotion in the State. (2) Definitions In this subsection: (A) Teacher or principal preparation academy The term teacher or principal preparation academy (i) enters into an agreement with a State authorizer that specifies the goals expected of the institution, including— (I) a requirement that— (aa) teacher or principal candidates, or teachers teaching or principals serving on alternative certificates, licenses, or credentials, who are enrolled in the academy receive a significant part of their training through clinical preparation that partners candidates with mentor teachers or principals with a demonstrated track record of success in improving student growth, including (where applicable) children with disabilities, children living in poverty, and English learners; and (bb) the academy will provide instruction to teacher candidates that links to the clinical preparation experience; (II) the number of teachers or principals the academy will produce and the minimum number and percentage of teachers or principals who will demonstrate success in improving student performance based on multiple measures (including student growth); (III) a requirement that the teacher preparation component of the academy will only award a certificate of completion (or degree, if the academy is, or is affiliated with, an institution of higher education) after the graduate demonstrates a track record of success in improving student performance based on multiple measures (including student growth), either as a student teacher or teacher-of-record on an alternative certificate, license, or credential; (IV) a requirement that the principal preparation component of the academy will only award a certificate of completion (or degree, if the academy is, or is affiliated with, an institution of higher education) after the graduate demonstrates a track record of success in improving student performance for some or all of a school’s students; and (V) timelines for producing cohorts of graduates and conferring certificates of completion (or degrees, if the academy is, or is affiliated with, an institution of higher education) from the academy; (ii) shall not have unnecessary restrictions placed on the methods the academy will use to train teacher or principal candidates (or teachers or principals that are teaching or working while on alternative certificates, licenses, or credentials), including restrictions or requirements— (I) obligating the faculty of the academy to hold advanced degrees, or prohibiting the faculty of the academy from holding advanced degrees; (II) obligating such faculty to conduct academic research; (III) related to the physical infrastructure of the academy; (IV) related to the number of course credits required as part of the program of study; (V) related to the undergraduate coursework completed by teachers teaching on alternative certificates, licenses, or credentials, as long as such teachers have successfully passed all relevant State-approved content area examinations; or (VI) related to obtaining additional accreditation from a national accrediting body; and (iii) limits admission to its program to candidates who demonstrate strong potential to improve student achievement, based on a rigorous selection process that reviews a candidate’s prior academic achievement or record of professional accomplishment. (B) State authorizer The term State authorizer (i) enters into an agreement with a teacher or principal preparation academy that specifies the goals expected of the academy, as described in subparagraph (A)(i); (ii) may be a nonprofit organization, State educational agency, or other public entity, or consortium of such entities (including a consortium of States); and (iii) does not reauthorize a teacher or principal preparation academy if the academy fails to produce the minimum number or percentage of effective teachers or principals, respectively, identified in the academy’s authorizing agreement. (c) Supplement, not supplant Funds received under this subpart shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this subpart. 2 Subgrants to local educational agencies 2121. Allocations to local educational agencies (a) In general The Secretary may make a grant to a State under subpart 1 only if the State educational agency agrees to distribute the funds described in this section as subgrants to local educational agencies under this subpart. (b) Allocations (1) In general From the total amount reserved by a State under section 2113(a)(1) for a fiscal year, the State educational agency shall allocate to each of the eligible local educational agencies in the State for such fiscal year the sum of— (A) an amount that bears the same relationship to 20 percent of the total amount reserved as the number of individuals age 5 through 17 in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined; and (B) an amount that bears the same relationship to 80 percent of the total amount reserved as the number of individuals age 5 through 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined. (2) Hold harmless (A) In general Notwithstanding paragraph (1), the State educational agency shall allocate to each of the eligible local educational agencies in the State an amount that is not less than 90 percent of the allocation the eligible local educational agency received for the previous fiscal year under this part. (B) Ratable reduction If insufficient funds are appropriated to allocate the amounts that all eligible local educational agencies in the State are eligible to receive under subparagraph (A) for a fiscal year, the Secretary shall ratably reduce those amounts for the fiscal year. 2122. Local applications and needs assessment (a) In general To be eligible to receive a subgrant under this subpart, a local educational agency shall— (1) submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require; and (2) conduct, with the involvement of school staff and other stakeholders, as applicable, an assessment of the human capital needs of the local educational agency, including in the areas set forth under section 2141(b), as applicable. (b) Contents Each application submitted under this section shall include the following: (1) Needs assessment A description of the results of the needs assessment conducted under subsection (a)(2) and how the local educational agency will align uses of funds with such assessment. (2) Performance measures A description of the performance measures and activities the local educational agency will use to address the needs identified in such assessment. (3) Professional growth and improvement system An assurance that the local educational agency will create, or improve, and implement a professional growth and improvement system as by a date identified by the local educational agency and approved by the State educational agency that shall not be later than the 2015–2016 school year. (4) Professional development A description of the professional development activities that will be made available to teachers and principals under this subpart and how the local educational agency will ensure that the professional development needs of teachers and principals, as identified by the professional growth and improvement system, will be met using funds under this subpart. (5) Encouraging collaboration to promote educator readiness An assurance that the local educational agency is encouraging collaboration with higher education-based educator preparation programs to promote the readiness of new educators entering the profession through clinical experience and interaction, as well as other activities. (6) Integration of technology into curricula and instruction A description of how the local educational agency will integrate funds under this subpart with funds received under part D that are used for professional development to train teachers to integrate technology into curricula and instruction to improve teaching, learning, and technology literacy. (7) Evidence-based activities A description of how the activities to be carried out by the State educational agency under this subpart will be evidence-based and an explanation of why the activities are expected to improve student achievement. 2123. Local use of funds (a) In general A local educational agency that receives a subgrant under section 2121 shall use subgrant funds to address the achievement of students in schools designated as focus schools under section 1116(c) and priority schools under section 1116(d) and schools not meeting their performance targets, as described in section 1116(b). (b) Professional development (1) In General A local educational agency that receives a subgrant under section 2121 shall use subgrant funds to develop and carry out professional development, which may include joint professional development for teachers, principals, and other relevant school staff with early childhood education program staff. (2) Priority Schools; Focus schools Not less than 20 percent of subgrant funds— (A) shall be used to provide professional development for teachers serving students in schools identified as priority schools under section 1116(d) and not receiving school improvement funds as described in section 1116(f); and (B) if a local educational agency has excess funds after meeting the needs of teachers serving students in priority schools, as required under subparagraph (A), may be used to provide professional development for teachers serving students in schools identified as focus schools under section 1116(c). (c) Permissible uses of funds A local educational agency that receives a subgrant under section 2121 may use subgrant funds to implement strategies that lead to increased student achievement for all students, including English learners and students with disabilities, by carrying out 1 or more of the following activities: (1) Developing, implementing and improving an induction program or a mentoring program. (2) Improving within-district equity in the distribution of teachers consistent with the requirements of section 1111(b)(1)(R). (3) Developing and implementing a professional growth and improvement system. (4) Carrying out in-service training for school personnel in— (A) the techniques and supports needed for early identification of children with trauma histories, and children with, or at risk of, mental illness; (B) the use of referral mechanisms that effectively link such children to appropriate treatment and intervention services in the school and in the community, where appropriate; and (C) forming partnerships between school-based mental health programs and public or private mental health organizations. (5) Increasing teacher capacity to evaluate student work and use student achievement data and creating career ladders to provide opportunities for highly rated teachers or paraprofessionals to advance or take on additional roles and responsibilities. (6) Recruiting, preparing, placing, supporting, developing, rewarding, and retaining highly rated teachers and principals in high-need schools and low-performing schools. (7) Reducing class size for prekindergarten through grade 3, by an amount and to a level consistent with what scientifically valid research has found to improve student achievement. (d) Supplement, not supplant Funds received under this subpart shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this subpart. 3 National leadership activities 2131. National leadership activities From the funds made available to carry out this part for a fiscal year, the Secretary is authorized to set aside not more than 1 percent to carry out the following activities related to the purpose of this part: (1) Research and development. (2) Technical assistance. (3) Outreach and dissemination activities directly or through grants, contracts, or cooperative agreements. (4) Activities relating to gifted and talented students, as described in section 2132. 2132. Gifted and Talented Students The Secretary shall— (1) acting through the Director of the Institute of Education Sciences, continue research and development activities related to the education of gifted and talented students, particularly research and development activities related to such students who reside in rural communities or have been underrepresented as gifted and talented; (2) support a National Research Center on the Gifted and Talented that conducts research and serves as a national clearinghouse for evidence-based best practices to improve the identification and instruction of gifted and talented students; and (3) administer demonstration grants, in consultation with the Director of the Institute of Education Sciences, to programs that build and enhance the ability of elementary school and secondary school personnel to support gifted and talented students. 4 Accountability 2141. Accountability (a) In general (1) State report Each State that receives a grant under subpart 1 shall annually submit to the Secretary, in a manner prescribed by the Secretary, and make public, a State Report on program performance and results under such grant. Such State Report shall provide the information required under subsection (b). (2) Local educational agency report Each local educational agency that receives a subgrant under subpart 2 shall annually submit to the State, in a manner prescribed by the State, and make public, a Local Educational Agency Report on program performance and results under such subgrant. Such Local Educational Agency Report shall provide the information required under subsection (b). (3) FERPA compliance Each State and local educational agency that submits a report in compliance with this subsection shall collect, report, and disseminate information contained in such report in compliance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (4) Teacher and principal privacy No State or local educational agency shall publicly report information in compliance with this subsection in a case in which the results would reveal personally identifiable information about an individual teacher or principal. (b) Information Each State Report and Local Educational Agency Report shall contain, as appropriate— (1) a description of how funds have been used, including how funds have been used to address the needs of teachers serving students in schools not meeting performance targets, as described in section 1116(b), and schools identified as focus schools and priority schools under subsections (c) and (d) of section 1116 and the results of the use of those funds; (2) the number of highly rated teachers in the local educational agency teaching in schools identified as focus schools and priority schools under subsections (c) and (d) of section 1116; (3) student achievement data, by teacher preparation program within the State, for students taught by such program’s graduates; (4) a description of the professional growth and improvement system required under section 2122; (5) a description of how chosen professional development activities improved teacher and principal performance using the professional growth and improvement system; and (6) how funds have been used to contribute to the equitable distribution of teachers. 5 Principal recruitment and training 2151. Principal recruitment and training grant program (a) Definitions In this section: (1) Aspiring principal The term aspiring principal (2) Current principal The term current principal (3) Eligible entity The term eligible entity (A) a local educational agency or educational service agency that serves an eligible school or a consortium of such agencies; (B) a State educational agency or a consortium of such agencies; (C) a State educational agency in partnership with 1 or more local educational agencies or educational service agencies that serve an eligible school; (D) an entity described in subparagraph (A), (B), or (C) in partnership with 1 or more nonprofit organizations or institutions of higher education; or (E) an institution of higher education or a nonprofit organization, if the institution or nonprofit organization can demonstrate a record of— (i) preparing principals who have been able to improve student achievement substantially; and (ii) placing a significant percentage of such principals in eligible schools. (4) Eligible school The term eligible school (A) Is a high-need school. (B) Is identified as a priority school under section 1116(d). (C) Is identified as a focus school under section 1116(c). (D) In the case of a public school containing middle grades, feeds into a public high school that has less than a 60 percent graduation rate. (E) Is a rural school served by a local educational agency that is eligible to receive assistance under part B of title VI. (5) High-need school (A) In general The term high-need school (i) an elementary school or middle school in which not less than 50 percent of the enrolled students are children from low-income families; or (ii) a high school in which not less than 40 percent of the enrolled students are children from low-income families, which may be calculated using comparable data from feeder schools. (B) Low-income family For purposes of subparagraph (A), the term low-income family (i) in which the children are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. (ii) receiving assistance under a State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. (iii) in which the children are eligible to receive medical assistance under the Medicaid program. (6) Mentor principal The term mentor principal (A) Strong instructional leadership skills in an elementary school or secondary school setting. (B) Strong verbal and written communication skills, which may be demonstrated by performance on appropriate assessments. (C) Knowledge, skills, and attitudes to— (i) establish and maintain a professional learning community that effectively extracts information from data to improve the school culture and personalize instruction for all students to result in improved student achievement; (ii) create and maintain a learning culture within the school that provides a climate conducive to the development of all members of the school community, including one of continuous learning for adults tied to student learning and other school goals; (iii) engage in continuous professional development, utilizing a combination of academic study, developmental simulation exercises, self-reflection, mentorship, and internship; (iv) understand youth development appropriate to the age level served by the school and from this knowledge set high expectations and standards for the academic, social, emotional, and physical development of all students; and (v) actively engage the community to create shared responsibility for student academic performance and successful development. (7) Middle grade The term middle grade (8) School-level student outcomes The term school-level student outcomes (A) student academic achievement and student growth; and (B) additional outcomes, including, at the high school level, graduation rates and the percentage of students taking college-level coursework. (b) Program authorized (1) Principal recruitment and training grant program The Secretary shall award grants to eligible entities to enable such entities to recruit, prepare, place, and support principals in eligible schools. (2) Duration (A) In general (i) Not more than 5 year duration A grant awarded under this section shall be not more than 5 years in duration. (ii) Renewal The Secretary may— (I) renew a grant awarded under this section based on performance; and (II) in renewing a grant under subclause (I), award the grantee increased funding to scale up or replicate the grantee's program. (B) Performance In evaluating performance for purposes of subparagraph (A)(ii)(I)— (i) the Secretary's primary consideration shall be the extent to which the principals recruited, prepared, placed, or supported by the grantee have improved school-level student outcomes in eligible schools; and (ii) the Secretary shall also consider the percentage of program graduates— (I) who become principals in eligible schools; (II) who remain principals in eligible schools for multiple years; and (III) who are highly rated principals, as determined by the State educational agency. (c) Application and selection criteria (1) Application An eligible entity that desires a grant under this section shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Selection criteria In awarding grants under this section, the Secretary shall consider— (A) the extent to which the entity has the capacity to implement the activities described in subsection (e) that the entity proposes to implement; (B) the extent to which the entity has a demonstrated record of effectively preparing high-quality principals or an evidenced-based plan for preparing principals to improve school-level student outcomes in eligible schools; (C) the extent to which the entity has a demonstrated record of effectiveness or an evidence-based plan for providing principals trained by the entity with the guidance, support, and tools they need to improve school-level student outcomes in eligible schools, including providing principals with resources, such as funding to ensure supports for quality teaching, access to best practices, and decisionmaking authority over areas such as personnel, budget, curriculum, or scheduling; (D) the likelihood of the entity sustaining the project with funds other than funds provided under this section, which other funds may include funds provided under this title other than this section, once the grant is no longer available to the entity; and (E) the extent to which the proposed project will serve rural areas or high-poverty areas. (d) Awarding grants (1) Priority In awarding grants under this section, the Secretary shall give priority to an eligible entity with a record of preparing or developing principals who— (A) have improved school-level student outcomes; (B) have become principals in eligible schools; and (C) remain principals in eligible schools for multiple years. (2) Grants for rural schools and lowest performing schools In awarding grants under this section, the Secretary shall, consistent with the quality of applications— (A) award not less than 1 grant to an eligible entity that intends to establish a program that focuses on training or supporting principals and other school leaders for rural schools; and (B) award not less than 1 grant to an eligible entity that intends to establish a program to train and support principals and other school leaders to lead reform efforts in persistently low-achieving schools in a State or more than 1 State. (3) Reform efforts An eligible entity that receives a grant under this section to carry out a program described in paragraph (2)(B)— (A) during the first year of the grant, shall use grant funds— (i) to bring together experts and stakeholders who are committed to dramatic and effective reform of persistently low-achieving schools who can provide input about what the evidence base shows regarding effective school leadership in such schools; (ii) to collect and develop, in consultation with experts and stakeholders, a core body of knowledge regarding effective school reform leadership in persistently low-achieving schools, which is evidence-based; (iii) to develop, drawing on the core body of knowledge developed in clause (ii), a leadership training program for principals, mentors, and other school leaders, to prepare and support the principals, mentors, and leaders to lead effective school reform efforts in persistently low-achieving schools; and (B) during each year of the grant after the first year, shall use grant funds— (i) to carry out the leadership training program described in subparagraph (A)(iii); (ii) to ensure that the leadership training program described in subparagraph (A)(iii) is informed, on an ongoing basis, by consultation with experts and stakeholders, and by the program’s tracking of the performance of its graduates in leading school reform efforts in persistently low-achieving schools; (iii) to select cohorts of trained or experienced principals to lead school reform efforts in persistently low-achieving schools; (iv) to provide support for, and encourage interaction among, cohorts of principals after completion of the leadership training program described in subparagraph (A)(iii); and (v) to disseminate information to principals, mentors, and other school leaders engaging in reform efforts in persistently low-achieving schools. (e) Activities Each eligible entity that receives a grant under this section shall use grant funds to carry out the following: (1) To recruit and select, using rigorous, competency-based, selection criteria, and train and support a diverse group of aspiring principals or current principals, or both, for work in eligible schools. (2) Tracking participants to determine if such individuals are attaining, or have attained, the competencies needed to complete the training and enter into an effective leadership role, and provide counseling and, if appropriate, separation, to participants who the entity determines will not attain, or have not attained, those competencies. (3) If the eligible entity provides a program for aspiring principals— (A) candidates shall demonstrate awareness of and have experience with the knowledge, skills, and attitudes to— (i) establish and maintain a professional learning community that effectively extracts information from data to improve the school culture and personalize instruction for all students to result in improved student achievement; (ii) create and maintain a learning culture within the school that provides a climate conducive to the development of all members of the school community, including one of continuous learning for adults tied to student learning and other school goals; (iii) engage in continuous professional development, utilizing a combination of academic study, developmental simulation exercises, self-reflection, mentorship, and internship; (iv) understand youth development appropriate to the age level served by the school and from this knowledge set high expectations and standards for the academic, social, emotional, and physical development of all students; and (v) actively engage the community to create shared responsibility for student academic performance and successful development; and (B) the program shall provide aspiring principals with— (i) a preservice residency that is not less than 1 year in length, and that includes coaching from a mentor principal, and instructional leadership and organizational management experience; (ii) focused coursework on instructional leadership, organizational management, and the use of a variety of data for purposes of— (I) instruction; (II) evaluation and development of teachers; and (III) development of highly effective school organizations; and (iii) ongoing support, mentoring, and professional development for not less than 2 years after the aspiring principals complete the residency and commence work as assistant principals and principals. (4) To train mentors for principals who are serving or who wish to serve in eligible schools or for aspiring principals who wish to serve in such eligible schools, or for both. (5) Providing differentiated training to participants in competencies that evidence shows are critical to improving school-level student outcomes in eligible schools, such as— (A) recruiting, training, supervising, supporting, and evaluating teachers and other staff; (B) developing teams of effective school staff, and distributing among members of such teams responsibilities for leading and improving their schools; (C) establishing learning communities where principals and teachers— (i) share a school mission and goals with an explicit vision of quality teaching and learning that guides all instructional decisions; (ii) commit to improving student outcomes and performances; (iii) set a continuous cycle of collective inquiry and improvement; (iv) foster a culture of collaboration where teachers and principals work together on a regular basis to analyze and improve teaching and learning; and (v) support and share leadership; (D) where applicable for participants serving elementary schools, offering high-quality early childhood education to the students such participants are serving and facilitating the transition of children from early learning settings to elementary school; (E) setting high expectations for student achievement; (F) addressing the unique needs of specific student populations served, such as students with disabilities, students who are English learners, and students who are homeless or in foster care; (G) managing budget resources and school time to support high-quality instruction and improvements in student achievement, such as by extending the school day and year and providing common planning time to teachers and staff; (H) working effectively with students’ parents and other members of the community; (I) using technology and multiple sources of data to personalize instruction; (J) monitoring and improving the alignment and effectiveness of curriculum, instruction, and assessment, using a variety of data providing evidence of student and school outcomes; and (K) developing and maintaining a positive school culture where students, teachers and other staff are motivated to collaborate and work together to achieve goals. (6) Delivering high-quality, differentiated, school-level support services and training to current principals of eligible schools, if the eligible entity provides a program for current principals, or during the period described in paragraph (3)(C) to individuals who have completed the aspiring principal residency, if the eligible entity provides a program for aspiring principals, to help meet the specific needs of the eligible schools they serve, which may include— (A) training and support for the design of school-wide improvement plans based on the diagnosis of school conditions and needs informed by data and analysis of classroom and school practices; and (B) support in organizing and training the teams described in paragraph (5)(B). (7) Making available any training materials funded under the grant, such as syllabi, assignments, or selection rubrics, to the Department for public dissemination. (8) Tracking the effectiveness of the program based on, at a minimum— (A) school-level student outcomes at the schools where program graduates have served as principals; (B) the percentage of program graduates who become principals in eligible schools; and (C) the percentage of program graduates who remain principals in eligible schools for multiple years. (9) Using the data on the effectiveness of the program for, among other purposes, the continuous improvement of the program. (f) Annual report An eligible entity that receives a grant under this section shall submit an annual report, beginning in the third year of the grant, to the Secretary regarding— (1) school-level student outcomes resulting from implementation of the grant activities; and (2) data on— (A) the percentage of program graduates who become principals in eligible schools; (B) the percentage of graduates who remain principals in eligible schools for multiple years; and (C) the percentage of program graduates who are highly rated, as determined by the State educational agency. (g) Matching requirement (1) Matching requirement (A) In general An eligible entity that receives a grant under this section shall contribute annually to the activities assisted under such grant matching funds in an amount equal to not less than 20 percent of the amount of the grant from non-Federal sources. (B) Matching funds The matching funds requirement under subparagraph (A) may be met by— (i) contributions that are in cash or in kind, fairly evaluated; and (ii) payments of a salary or stipend to an aspiring principal during the aspiring principal’s residency year. (2) Waiver The Secretary may waive or reduce the matching requirement under paragraph (1) if the eligible entity demonstrates a need for such waiver or reduction due to financial hardship. (h) Supplement, not supplant Grant funds provided under this section shall be used to supplement, and not supplant, any other Federal, State, or local funds otherwise available to carry out the activities described in this section. B Teacher Pathways to the Classroom 2201. Teacher Pathways (a) Purpose It is the purpose of this section to support the recruitment, selection, preparation, placement, retention, and support of teachers in high-need subjects or fields who will improve student academic achievement and student outcomes at high-needs schools. (b) Definitions In this section: (1) Eligible entity The term eligible entity (A) a partnership of— (i) 1 or more institutions of higher education or nonprofit organizations; and (ii) a high-need local educational agency and 1 or more other local educational agencies or State educational agencies; or (B) an institution of higher education or a nonprofit organization that can demonstrate a record of— (i) preparing teachers who are successful in improving student achievement; and (ii) placing a significant percentage of those teachers in high-need schools. (2) Teacher in a high-need subject or field The term teacher in a high-need subject or field (A) students with disabilities; (B) English learners; or (C) science, technology, engineering, or mathematics. (c) Authorization of grant awards The Secretary shall award grants to eligible entities to pay for the Federal share of the cost of carrying out the activities described in this section. (d) Applications An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (e) Considerations In awarding grants under this section, the Secretary shall consider the geographic diversity of the eligible entities, including the distribution of grants among urban, suburban, and rural areas. (f) Priority In awarding grants under this section, the Secretary shall give priority to applicants that demonstrate a record of— (1) recruiting college undergraduates, recent college graduates, graduate students, and professionals with a demonstrated history of significant academic achievement to become teachers; (2) recruiting and selecting candidates who are members of groups underrepresented in the teaching profession; and (3) preparing teachers who consistently improve student academic achievement at high-need schools. (g) Required use of funds An eligible entity that receives a grant under this section shall use the grant funds for the following: (1) To recruit, select, prepare, place, retain, and support teachers for high-need schools and teachers in high-need subjects or fields. (2) To prepare all teachers to teach students with disabilities and English learners. (3) To prepare teachers in classroom management, instructional planning and delivery, learning theory and cognitive development, literacy development, and student assessment. (4) To provide school-based, clinical experience at a high-need school that includes observation of and feedback on teacher candidates' teaching. (5) To provide ongoing mentoring and support, which may include coursework, for participants for at least 1 school year. (h) Permissible use of grant funds An eligible entity that receives a grant under this section may use the grant funds to provide financial stipends for teacher candidates who are not the teacher of record. (i) Performance and grant renewal (1) Tracking performance An eligible entity that receives a grant under this section shall— (A) track the placement rate, retention rate, and performance in improving student academic achievement of teachers recruited and prepared by programs funded by the grant; and (B) submit data on such performance to the Secretary. (2) Conditions for grant renewal The Secretary shall evaluate the information submitted under paragraph (1) and renew a grant awarded under this section only if the data indicate the teachers are successful in improving student academic achievement. (j) Fiscal agent The fiscal agent for an eligible entity that receives a grant under this section may be a local educational agency, State educational agency, institution of higher education, or nonprofit organization that is a partner in the eligible entity. (k) Matching requirements (1) Federal share Except as provided in paragraph (2)(B), the Federal share for this section shall be a percentage of the cost of the activities assisted under the grant as determined by the Secretary. (2) Non-Federal share (A) In general The non-Federal share provided by an eligible entity receiving a grant under this section shall be a percentage of the cost of the activities assisted under the grant as determined by the Secretary. The non-Federal share may include in-kind contributions. (B) Special rule The Secretary may waive or reduce the amount of the non-Federal share described in subparagraph (A) for any fiscal year if the eligible entity demonstrates to the Secretary that the funds needed to carry out that subparagraph are unavailable due to economic hardship, as determined by the Secretary. (l) Evaluation From the amount appropriated for this subpart and reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department— (1) evaluate the implementation and impact of the program under this section; (2) identify best practices for recruiting, selecting, preparing, placing, retaining, and supporting teachers in high-need subjects or fields for high-need schools; and (3) disseminate research on best practices. C Teacher Incentive Fund Program 2301. Purposes; definitions (a) Purposes The purposes of this part are to assist States, local educational agencies, and nonprofit organizations to develop, implement, improve, or expand strategies to ensure that the most effective teachers and principals are serving in the lowest-performing schools. (b) Definitions Except as otherwise provided, in this part: (1) Eligible entity The term eligible entity (A) a local educational agency or a consortium of local educational agencies, which may include a charter school that is a local educational agency; (B) a State educational agency, or other State agency designated by the chief executive of a State to participate under this subpart; or (C) an institution of higher education or nonprofit organization, in partnership with an entity described in subparagraph (A) or (B). (2) Highly effective teacher or principal The term highly effective teacher or principal (A) receiving the highest ratings in a professional growth and improvement system; or (B) if a professional growth and improvement system has not yet been implemented, receiving the highest rating category of an existing local educational agency teacher or principal evaluation system. (3) Human capital system The term human capital system (A) identifying, recruiting, training, hiring, placing, and retaining those individuals who are or are most likely to be highly effective teachers and principals; (B) attracting highly effective teachers and principals to high-need schools, including by providing highly effective teachers and principals in such schools with support and development opportunities focused on increasing student achievement; and (C) retaining highly effective teachers and principals in high-need schools over time by creating school environments that enable excellent teaching, including through strategies such as personalized learning, project-based learning, blended learning, distributed leadership, career pathways, and time for collaboration and use of student data in professional learning communities. 2302. Teacher incentive fund grants (a) In general From the amounts appropriated to carry out this part, the Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable the eligible entities to develop, implement, improve, or expand strategies, including incentives and human capital systems to increase the number of highly effective teachers and principals serving in high-need schools. (b) Priority In awarding a grant under this part, the Secretary shall give priority to an eligible entity that concentrates the proposed activities in high-need schools designated as priority schools, as described in section 1116(d), and then to an eligible entity that concentrates the proposed activities in a State or local educational agency that has already developed a professional growth and improvement system required under section 2122. (c) Applications To be eligible to receive a grant under this part, an eligible entity shall submit an application to the Secretary, at such time and in such manner as the Secretary may reasonably require. The application shall include, as applicable— (1) a description of the strategy that the eligible entity proposes to develop, implement, improve, or expand; (2) a description and evidence of the support and commitment of teachers and principals in the school to be served by the project, the community, including community-based organizations, and the local educational agencies, including a demonstration of consultation with teachers and principals in the design and development of the proposal; (3) a description of the local educational agency or school to be served by the project, including such student academic achievement, demographic, and socioeconomic information as the Secretary may request; (4) a description of the quality of teachers and principals in the local educational agency and the schools to be served by the project and how the project will increase the quality of teachers and principals in a high-need school; (5) a description of how the eligible entity will use grant funds under this part in each year of the grant to continuously increase the number of highly effective teachers and principals in the highest-need schools; (6) a description of how the eligible entity will continue funding and carrying out the project after the grant period ends; (7) a description of the State, local, or other public or private funds that will be used to supplement the grant and sustain the activities assisted under the grant at the end of the grant period; and (8) a description of the rationale and evidence base for the proposed activities and of any prior experience of the eligible entity in developing and implementing such activities. (d) Use of funds An eligible entity that receives a grant under this part shall use the grant funds to carry out activities that are designed to develop, implement, improve, or expand strategies to increase the number of highly effective teachers or principals serving in high-need schools, consistent with this part, which may include— (1) paying bonuses and increased salaries, if the eligible entity uses an increasing share of non-Federal funds to pay the bonuses and increased salaries each year of the grant, to highly effective teachers or principals who work in high-need schools; (2) improving a professional growth and improvement system required under section 2122; (3) reforming the local educational agency’s system of compensating teachers and principals; and (4) developing and implementing a human capital system. (e) Duration of grants (1) In general The Secretary may award a grant under this part for a period of not more than 5 years. (2) Limitation A local educational agency may receive (whether individually or as part of a consortium or partnership) a grant under this part only twice. A second grant may be awarded only if the Secretary determines that the eligible entity has demonstrated sufficient progress and demonstrates the sustainability of the grant project after the expiration of the grant period. (f) Equitable geographic distribution To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this part, including the distribution between rural and urban areas. (g) Supplement, not supplant Grant funds provided under this part shall be used to supplement, not supplant, other Federal, State, or local funds available to carry out the activities described in this part. D Achievement through technology and innovation 2401. Short title This part may be cited as the Achievement Through Technology and Innovation Act of 2013 ATTAIN Act 2402. Purposes and goals The purposes and goals of this part are— (1) to ensure that through effective and innovative uses of technology every student has access to personalized, rigorous, and relevant learning to meet the goals of this part to raise student achievement, close the achievement gap, and ensure highly effective teaching, and to prepare all students to be technology literate and make sufficient academic growth to succeed in the 21st century digital economy; (2) to evaluate, build upon, and increase the use of evidence-based and innovative systemic education transformations that center on the use of technology that leads to school improvement, improved productivity, and increased student achievement; (3) to ensure that all educators are connected in an ongoing manner to technology-based and online resources and supports, including through enhanced ongoing, meaningful professional development to ensure that— (A) all educators are technology literate and effectively use technology to improve instruction; and (B) education administrators possess the capacity to— (i) provide leadership in the use of technology for systemic education transformation; and (ii) improve educational productivity; (4) to improve student engagement, opportunity, attendance, graduation rates, and technology access through enhanced or redesigned curriculum or instruction; (5) to more effectively collect and use student performance and other data in a timely manner to inform instruction, address individualized student needs, support school decisionmaking, and support school improvement and increased student achievement, including through delivery of computer-based and online assessments; (6) to enhance the use of technology, online learning, and blended learning for systemic education transformation, including curricula redesign and new instructional strategies to personalize learning; and (7) to increase education productivity and reduce costs through the use of technology, blended learning, and online learning, including for the delivery of online assessments. 2403. Definitions In this part: (1) Blended learning The term blended learning (2) Digital learning The term digital learning (A) interactive learning resources that engage students in academic content; (B) access to online databases and other primary source documents; (C) the use of data to personalize learning and provide targeted supplementary instruction; (D) student collaboration with content experts and peers; (E) online and computer-based assessments; (F) digital content, adaptive, and simulation software or courseware, (G) online courses, online instruction, or digital learning platforms; (H) mobile and wireless technologies for learning in school and at home; (I) learning environments that allow for rich collaboration and communication; (J) authentic audiences for learning in a relevant, real world experience; and (K) teacher participation in virtual professional communities of practice. (3) Eligible technology The term eligible technology (4) E-rate program The term E-rate program 47 U.S.C. 254(h)(1)(B) (5) Student technology literacy The term student technology literacy (A) effectively communicate and collaborate; (B) analyze and solve problems; (C) access, evaluate, manage, and create information and otherwise gain information literacy; (D) demonstrate creative thinking, construct knowledge, and develop innovative products and processes; and (E) carry out the activities described in subparagraphs (A) through (D) in a safe and ethical manner. (6) Technology readiness survey The term technology readiness survey Public Law 111–5 (A) requiring— (i) an internal review of the degree to which instruction, additional student support, and professional development is delivered in digital formats, media, and platforms and is available to students and educators at any time; (ii) an internal review of the ability of educators to use assessments and other student data to personalize and strengthen instruction and identify professional development needs and priorities; and (iii) any other information required by the State educational agency serving the local educational agency; and (B) may include an assessment of local community needs to ensure students have adequate online access and access to devices for school-related work during out-of-school time. 2404. Allocation of funds; limitation (a) Allocation of Funds Between State and Local Initiatives The funds made available to carry out this part shall be available to carry out subpart 1. (b) Limitation (1) Local administrative costs Of the funds made available to a local educational agency under this part for a fiscal year, not more than 3 percent may be used by the local educational agency for administrative costs. (2) State administrative costs Of the funds made available to a State educational agency under section 2412(a)(1)(A), not more than 60 percent may be used by the State educational agency for administrative costs. 2405. E-rate restriction Funds awarded under this part may be used to address the networking needs of a recipient of such funds under the E-rate program, except that such funds may not be duplicative of support received by the recipient under the E-rate program. 2406. Rule of construction regarding purchasing Nothing in this part shall be construed to permit a recipient of funds under this part to purchase goods or services using such funds without ensuring that the purchase is free of any conflict of interest between such recipient, or any partner of such recipient, and the person or entity from whom such goods or services are purchased. 1 State and Local Grants 2411. Allotment and reallotment (a) Reservations and Allotment From the amount made available to carry out this subpart for a fiscal year— (1) the Secretary shall reserve— (A) three-quarters of 1 percent for the Secretary of the Interior for programs under this subpart for schools operated or funded by the Bureau of Indian Education; and (B) 1 percent to provide assistance under this subpart to the outlying areas; and (2) subject to subsection (b), the Secretary shall use the remainder to award grants by allotting to each State educational agency an amount that bears the same relationship to such remainder for such year as the amount received under part A of title I for such year by such State educational agency bears to the amount received under such part for such year by all State educational agencies. (b) Minimum Allotment The amount of any State educational agency's allotment under subsection (a)(2) for any fiscal year shall not be less than one-half of 1 percent of the amount made available for allotments to State educational agencies under this subpart for such year. (c) Reallotment of Unused Funds The Secretary shall reallot any unused amount of a State educational agency's allotment to the remaining State educational agencies that use their entire allotments under this subpart in accordance with this section. (d) Matching funds (1) In general A State educational agency that receives a grant under subsection (a)(2) shall provide matching funds, from non-Federal sources, in an amount equal to 20 percent of the amount of grant funds provided to the State educational agency to carry out the activities supported by the grant. Such matching funds may be provided in cash or in-kind except that any such in-kind contributions shall be provided for the purpose of supporting the State educational agency’s activities under section 2414. (2) Waiver The Secretary may waive the matching requirement under paragraph (1) for a State educational agency that demonstrates that such requirement imposes an undue financial hardship on the State educational agency. 2412. Use of allotment by State (a) In General (1) In general Of the amount provided to a State educational agency under section 2411(a)(2) for a fiscal year— (A) the State educational agency may use not more than 10 percent of such amount or $100,000, whichever amount is greater, to carry out activities under section 2414; and (B) the State educational agency shall distribute the remainder in accordance with paragraphs (2) and (3). (2) Distribution of remainder The State educational agency shall— (A) (i) use 80 percent of the remainder to award Improving Teaching and Learning through Technology subgrants to local educational agencies having applications approved under section 2415(c) for the activities described in section 2416(b); and (ii) allot to each such local educational agency an amount that bears the same relationship to 80 percent of the remainder for such year as the amount received under part A of title I for such year by such local educational agency bears to the amount received under such part for such year by all local educational agencies within the State, subject to subsection (b)(2); and (B) use 20 percent of the remainder to award Systemic Education Transformation through Technology Integration subgrants, through a State-determined competitive process, to local educational agencies having applications approved under section 2415(b) for the activities described in section 2416(a). (3) Option in years with insufficient amounts appropriated If the amount provided to a State educational agency under section 2411(a)(2) for a fiscal year is not large enough to provide every local educational agency with a minimum subgrant under subsection (b)(3), the State educational agency may distribute 100 percent of the remainder described in paragraph (1)(B) as either formula grants under paragraph (2)(A) or competitive grants under paragraph (2)(B). (b) Sufficient amounts (1) Special rule In awarding subgrants under subsection (a)(2)(B), the State educational agency shall— (A) ensure the subgrants are of sufficient size and scope to be effective, consistent with the purposes of this part; (B) ensure subgrants are of sufficient duration to be effective, consistent with the purposes of this part, including by awarding subgrants for a period of not less than 2 years that may be renewed for not more than an additional 1 year; (C) give preference in the awarding of subgrants, and the providing of all technical assistance, to local educational agencies that serve schools identified as priority schools or focus schools under subsection (c) or (d) of section 1116, including those schools with high populations of— (i) English learners; (ii) students with disabilities; or (iii) other subgroups of students who have not met the State's student academic achievement standards; and (D) ensure an equitable distribution among urban and rural areas of the State, according to the demonstrated need for assistance under this subpart of the local educational agencies serving the areas. (2) Additional reservation A State educational agency that forms a State purchasing consortium under subsection 2414(c) may reserve an additional 1 percent to carry out the activities described in subsection 2414 (c)(1) if such State educational agency receives direct approval from the local educational agencies receiving subgrants under subsection (a)(2). (3) Minimum formula-based subgrant The amount of any local educational agency's subgrant under subsection (a)(2)(A) for any fiscal year shall be not less than $3,000. (c) Reallotment of Unused Funds If any local educational agency does not apply for a subgrant under subsection (a) for a fiscal year, or does not use the local educational agency's entire allotment under this subpart for such fiscal year, the State shall reallot any unused funds to the remaining local educational agencies. 2413. State applications (a) In General To be eligible to receive a grant under this subpart, a State educational agency shall submit to the Secretary, at such time and in such manner as the Secretary may specify, an application containing the information described in subsection (b) and such other information as the Secretary may reasonably require. (b) Contents Each State educational agency application submitted under subsection (a) shall include each of the following: (1) A description of how the State educational agency will support local educational agencies that receive subgrants under this subpart in meeting the purposes and goals of this part and the requirements of this subpart, including through technical assistance in using technology to redesign curriculum and instruction, improve educational productivity, and deliver computer-based and online assessment. (2) A description of the State educational agency's long-term goals and strategies for improving student academic achievement, including student technology literacy, through the effective use of technology. (3) A description of the priority area upon which the State educational agency will focus its assistance under this subpart, which shall be identified from among the core academic subjects, grade levels, and student subgroup populations with the largest achievement gaps in the State. (4) A description of how the State educational agency will support local educational agencies to implement professional development programs pursuant to section 2416(b)(1)(A). (5) A description of how the State educational agency will ensure that teachers, paraprofessionals, school librarians, and administrators possess the knowledge and skills to use technology— (A) for curriculum redesign to change teaching and learning and improve student achievement; (B) for assessment, data analysis, and to personalize learning; (C) to improve student technology literacy; and (D) for their own ongoing professional development and for access to teaching resources and tools. (6) A description of the process, activities, and performance measures that the State educational agency will use to evaluate the impact and effectiveness of activities described in section 2414. (7) Identification of the State college and career ready academic content standards and college and career ready student academic achievement standards that the State educational agency will use to ensure that each student is technologically literate, consistent with the definition of student technology literacy, and a description of how the State educational agency will assess student performance in gaining technology literacy, only for the purpose of tracking progress towards achieving the 8th grade technology literacy goal and not for accountability purposes as described in section 1111(a)(3), including through embedding such assessment items in other State tests or performance-based assessment portfolios, or through other valid and reliable means. Nothing in this subpart shall be construed to require States to develop a separate test to assess student technology literacy. (8) An assurance that financial assistance provided under this subpart will supplement, and not supplant, State and local funds. (9) A description of how the State educational agency consulted with local educational agencies in the development of the State application. (10) An assurance that the State educational agency will provide matching funds as required under section 2411(d). (11) A description of how the State educational agency will ensure that funds received under this part do not duplicate support received under the E-rate program. (12) An assurance that the State educational agency will protect the privacy and safety of students and teachers, consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (13) A description of how the State educational agency will, in providing technical and other assistance to local educational agencies, give priority to schools identified as priority schools or focus schools under subsection (c) or (d) of section 1116, including those schools with high populations of— (A) English learners; (B) students with disabilities; or (C) other subgroups of students who have not met the State’s student academic achievement standards; (14) A description of how the State educational agency will ensure that the State educational agency’s data systems and eligible technology are interoperable. (15) A description of— (A) the State’s process for the adoption, acquisition, distribution, and use of content; (B) how the State will ensure integrity of such processes; (C) how such processes support the goals of this part or how a State will change such processes to support such goals; and (D) how the State will ensure content quality. (16) A description of the technology readiness in the State, as determined by local educational agency responses to the technology readiness survey, including— (A) an assurance that not less than 90 percent of the local educational agencies served by the State educational agency have completed and submitted the technology readiness survey to the State educational agency; and (B) an assurance that the results of the technology readiness survey for each such local educational agency are made available to the Secretary and the public through the website of the local educational agency. 2414. State activities (a) Mandatory activities From funds made available under section 2412(a)(1)(A), a State educational agency shall carry out each of the following activities: (1) Identify the State college and career ready academic content standards and college and career ready student academic achievement standards that the State educational agency will use to ensure that each student is technologically literate consistent with the definition of student technology literacy. (2) Assess student performance in gaining technology literacy consistent with paragraph (1), including through embedding such assessment items in other State tests, performance-based assessments, or portfolios, or through other means, except that such assessments shall be used only to track student technology literacy and shall not be used for accountability purposes as described in section 1111(a)(3), and widely disseminate such results. (3) Providing guidance, technical assistance, and other assistance, including in the priority area identified by the State pursuant to section 2413(b)(3), to local educational agencies to— (A) identify and address technology readiness needs; (B) redesign curriculum and instruction, improve educational productivity, and deliver computer-based and online assessment; (C) use technology, consistent with the principles of universal design for learning, to support the learning needs of all students, including students with disabilities and English learners; (D) support principals so that principals have the expertise to evaluate teachers’ proficiency in implementing digital tools for teaching and learning; (4) Developing or utilizing research-based or innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including digital learning technologies and assistive technology. (5) Integrating and coordinating activities under this part with other educational resources and programs across the State. (6) Disseminating information, including making publicly available on the website of the State educational agency, promising practices to improve technology instruction, and acquiring and implementing technology tools and applications. (7) Coordinating with teacher and principal preparation programs to align digital learning teaching standards. (8) Providing, or supporting local educational agencies in providing, sustained and intensive, high-quality professional development pursuant to section 2416(b)(1)(A). (b) Permissive activities From funds made available under section 2412(a)(1)(A), a State educational agency may carry out 1 or more of the following activities that assist local educational agencies: (1) State leadership activities and technical assistance that support achieving the purposes and goals of this part. (2) Developing or utilizing research-based or innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including distance learning technologies. (3) Assessing student performance in gaining technology literacy consistent with subsection (a)(2), including through embedding such assessment items in other State tests, performance-based assessments, or portfolios, or through other means. (c) Purchasing consortia (1) In general From funds made available under section 2412(a)(1)(A), a State educational agency receiving a grant under this subpart may— (A) form a State purchasing consortium with 1 or more State educational agencies receiving such a grant to carry out the State activities described in subsections (a) and (b), including purchasing eligible technology; (B) encourage local educational agencies to form local purchasing consortia under section 2415; and (C) promote pricing opportunities to local educational agencies for the purchase of eligible technology that are— (i) negotiated by the State educational agency or the State purchasing consortium of the State educational agency; and (ii) available to such local educational agencies. (2) Restrictions A State educational agency receiving a grant under section 2412(a)(1)(A) shall not— (A) except for promoting the pricing opportunities described in paragraph (1)(C), make recommendations to local educational agencies for, or require, use of any specific commercial products and services by local educational agencies; (B) require local educational agencies to participate in a State purchasing consortia or local purchasing consortia; or (C) use more than the amount reserved under subsection 2412(a)(1)(A) to carry out the activities described in paragraph (1) unless the State educational agency receives approval in accordance with section 2412(b)(2). 2415. Local applications (a) In General Each local educational agency desiring a subgrant under this subpart shall submit to the State educational agency an application containing a new or updated local long-range strategic educational technology plan, and such other information as the State educational agency may reasonably require, and shall include each of the following: (1) A description of how the local educational agency will align and coordinate the local educational agency's use of funds under this subpart with— (A) the local educational agency’s efforts to boost student achievement and close achievement gaps; (B) the local educational agency's technology plan; (C) the local educational agency's plans and activities for improving student achievement, including plans and activities under sections 1111, 1112, 1116, and 2123, as applicable; and (D) funds available from other Federal, State, and local sources. (2) An assurance that financial assistance provided under this subpart will supplement, and not supplant, other funds available to carry out activities assisted under this subpart. (3) A description of the process used to assess and, as needed, update technologies throughout the local educational agency. (4) A description of how the local educational agency will— (A) enable schools served by the local educational agency to build the technological capacity and infrastructure (including through local purchasing of eligible technology), necessary for the full implementation of online assessments for all students (including students with disabilities and English learners); and (B) ensure the interoperability of data systems and eligible technology. (5) A description of the results of the technology readiness survey completed by the local educational agency. (6) A description of the local educational agency’s student technology literacy standards, the agency’s goals for the technology skills for teachers and administrators, and an assurance that the student technology literacy standards meet the requirements of section 2403. (7) A description of how the local educational agency will evaluate teachers’ proficiency and progress in implementing technology for teaching and learning. (8) A description of how the local educational agency will ensure that principals have the expertise to evaluate teachers’ proficiency and progress in implementing technology for teaching and learning and the interoperability of data systems and eligible technology. (9) A description of— (A) the local educational agency’s procurement process and process for the creation, acquisition, distribution, and use of content; (B) how the local educational agency will ensure the integrity of such processes; (C) how such processes support the goals described in paragraph (1) or how a local educational agency will change such processes to support such goals; and (D) how the local educational agency will ensure content quality. (10) An assurance that the local educational agency will protect the privacy and safety of students and teachers, consistent with requirements section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (11) A description of how the local educational agency will ensure that the subgrant received under subsection (a) is not duplicative of support received under the E-rate program. (12) Such other information as the State educational agency may reasonably require. (b) Competitive Grants; Systemic Education Transformation Through Technology Integration In addition to the information described in subsection (a), a local educational agency submitting an application for a Systemic Education Transformation Through Technology Integration subgrant shall submit to the State educational agency an application containing each of the following: (1) A description of how the local educational agency will use the subgrant funds to implement systemic education transformation, which is a comprehensive set of programs, practices, and technologies to improve student achievement and close achievement gaps that— (A) collectively lead to school or school district change and improvement, including in the use of technology; and (B) incorporate all of the following elements: (i) Reform or redesign of curriculum, instruction, assessment, use of data, or other practices through the use of technology in order to increase student learning opportunity, and engagement in learning. (ii) Improvement of educator quality, knowledge and skills, and effectiveness through ongoing, sustainable, timely, and contextual professional development described in section 2416(b)(1)(A). (iii) Ongoing use of formative and other assessments and other timely data sources and data systems to more effectively identify individual student learning needs and personalize learning. (iv) Engagement of school district leaders, school leaders, and classroom educators. (v) Programs, practices, and technologies that are based on scientific research. (2) An assurance that the local educational agency will use not less than 25 percent of the subgrant funds to implement a program of professional development described in section 2416(b)(1)(A). (3) A description of how the local educational agency will evaluate the impact of 1 or more programs or activities carried out under this subpart. (c) Formula Grants; Improving Teaching and Learning Through Technology In addition to the information described in subsection (a), a local educational agency submitting an application for an Improving Teaching and Learning Through Technology subgrant shall submit to the State educational agency an application containing each of the following: (1) An assurance that the local educational agency will use not less than 40 percent of the subgrant funds for ensuring educators, including teachers and administrators, are technology literate, prepared to use technology to improve the curriculum and instruction, and are connected online to supports and resources, including— (A) for professional development described in section 2416(b)(1)(A); and (B) to provide educators with ongoing access to technology tools, applications, supports and other resources, including those related specifically to such professional development activities. (2) A description of the local educational agency's program of professional development described in section 2416(b)(1)(A). (3) A description of the use of technology tools, applications, and other resources to improve student learning and achievement in the area of priority identified under paragraph (4). (4) A description of the priority area subgrant funds will target, identified from among the core academic subjects, grade levels, and student subgroup populations in which the most number of students served by the local educational agency are not proficient. (5) A description of how funds will be used to integrate technology to redesign the curriculum or instruction, implement computer-based and online assessments, improve use of data to personalize learning, or improve education productivity. (d) Combined Applications A local educational agency that submits an application under subsection (b), may, upon notice to the State educational agency, submit a single application that will also be considered as an application for subgrant funds awarded under subsection (c), if the application addresses each application requirement under subsections (a), (b), and (c). 2416. Local activities (a) Competitive Grants; Systemic Education Transformation Through Technology Integration A local educational agency that receives funds through a subgrant under section 2412(a)(2)(B), shall carry out activities to improve student learning, technology literacy, and achievement, as follows: (1) Use not less than 5 percent of such funds to evaluate the impact of 1 or more programs or activities carried out under the subgrant as identified in the local educational agency's application and approved by the State educational agency. (2) Use funds remaining after carrying out paragraph (1) to implement a plan for systemic education transformation in 1 or more schools, in accordance with section 2415(b)(1), including each of the following: (A) Using not less than 25 percent of subgrant funds to ensure educators, including teachers and administrators, are technology literate, prepared to use technology to improve the curriculum and instruction, and are connected online to supports and resources, including through the following: (i) Professional development activities, as described in subsection (b)(1)(A). (ii) The acquisition and implementation of technology tools, applications, and other resources to provide educators with ongoing access and support, including for use in the professional development activities described in clause (i). (B) Acquiring and effectively implementing technology tools, applications, and other resources in conjunction with enhancing or redesigning the curriculum or instruction in order to— (i) increase student learning opportunity or access, student engagement in learning, or student attendance or graduation rates; (ii) improve student achievement in 1 or more of the core academic subjects; and (iii) improve student technology literacy. (C) Acquiring and effectively implementing eligible technology, tools, applications, and other resources to— (i) conduct ongoing formative and other assessments and use other timely data sources and data systems to more effectively identify and address individual student learning needs; (ii) support personalized student learning, including through instructional software and digital content that supports the learning needs of each student, or through providing access to high-quality courses and instructors otherwise not available except through technology and online learning; (iii) conduct other activities consistent with research-based or innovative systemic education transformation, including activities that increase parental involvement; and (iv) address readiness shortfalls identified under the technology readiness survey completed by the local educational agency. (b) Formula Grants; Improving Teaching and Learning Through Technology A local educational agency that receives funds through a subgrant under section 2412(a)(2)(A), shall carry out activities to improve student learning, technology literacy, and achievement in the area of priority identified under section 2415(c)(4), as follows: (1) Use not less than 40 percent of such funds for professional development activities that are aligned with activities supported under section 2123 to improve educator effectiveness and quality through support for the following: (A) Training of school personnel, which— (i) shall include the development, acquisition, or delivery of— (I) training that is ongoing, sustainable, timely, and directly related to up-to-date teaching content areas; (II) training in strategies and pedagogy in the core academic subjects that involve use of technology and curriculum redesign as key components of changing teaching and learning and improving student achievement and technology literacy; (III) training in the use of computer-based and online assessments, and in the use of student performance and other data for individualized instruction; (IV) training that includes ongoing communication and follow-up with instructors, facilitators, and peers; and (ii) may include— (I) the use of, and training of, instructional technology specialists, mentors, master teachers, or coaches to serve as experts and train other teachers in the effective use of technology; and (II) the use of technology, such as distance learning and online virtual educator-to-educator peer communities, as a means for delivering professional development. (B) The acquisition and implementation of eligible technology, tools, applications, and other resources to be employed in the professional development activities described in subparagraph (A). (2) Use funds remaining after carrying out paragraph (1) to acquire or implement technology tools, applications, and other resources to improve student learning, technology literacy, and achievement in the area of priority identified by the local educational agency, including through 1 or more of the following: (A) Conducting ongoing formative assessment and using other timely data sources and data systems to more effectively identify and address individual student learning needs. (B) Supporting personalized student learning, including through instructional software and digital content that supports the learning needs of each student, or through providing access to high-quality courses and instructors not otherwise available except through technology such as online learning. (C) Increasing parental involvement through improved communication with teachers and access to student assignments and grades. (D) Enhancing accountability, instruction, and data-driven decisionmaking through data systems that allow for management, analysis, and disaggregating of student, teacher, and school data. (E) Such other activities as are appropriate and consistent with the goals and purposes of this part. (c) Multiple Grants A local educational agency that receives subgrants under both subparagraph (A) and subparagraph (B) of section 2412(a)(2) may use all such subgrant funds for activities authorized under subsection (a). (d) Modification of funding allocations A State educational agency may authorize a local educational agency to modify the percentage of the local educational agency’s subgrant funds required to carry out the activities described in subsections (a) or (b) if the local educational agency demonstrates that such modification will assist the local educational agency in more effectively carrying out such activities. (e) Purchasing consortia Local educational agencies receiving subgrants under subsection (a) or (b) may— (1) form a local purchasing consortia with other such local educational agencies to carry out the activities described in subsection (a) or (b), including purchasing eligible technology; and (2) use such funds for purchasing eligible technology through a State purchasing consortia under section 2414(c). 2417. Reporting (a) Local educational agencies Each local educational agency receiving a subgrant under this part shall submit to the State educational agency that awarded such subgrant an annual report that meets the requirements of subsection (c). (b) State educational agencies Each State educational agency receiving a grant under this subpart shall submit to the Secretary an annual report that meets the requirements of subsection (c). (c) Report requirements A report submitted under subsection (a) or (b) shall include, at a minimum, a description of— (1) the status of the State educational agency’s plan described in section 2413(b)(1) or the local educational agency’s technology plan under section 2415(a)(1)(B), as applicable; (2) the categories of eligible technology acquired with funds under this subpart and how such technology is being used; (3) the professional development activities funded under this subpart, including types of activities and entities involved in providing such professional development to classroom teachers and other staff, such as school librarians; (4) the instruction, strategies, activities, and curricula used in the programs funded under this subpart; and (5) the types of programs funded under this subpart. 2 Internet Safety 2421. Internet safety (a) In general No funds made available under this part to a local educational agency for an elementary school or secondary school that does not receive services at discount rates under section 254(h)(5) of the Communications Act of 1934 ( 47 U.S.C. 254(h)(5) (1) (A) has in place a policy of Internet safety for minors that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are— (i) obscene; (ii) child pornography; or (iii) harmful to minors; and (B) is enforcing the operation of such technology protection measure during any use of such computers by minors; and (2) (A) has in place a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are— (i) obscene; or (ii) child pornography; and (B) is enforcing the operation of such technology protection measure during any use of such computers. (b) Timing and applicability of implementation (1) In general The local educational agency with responsibility for a school covered by subsection (a) shall certify the compliance of such school with the requirements of subsection (a) as part of the application process for each program funding year. (2) Process (A) Schools with internet safety policies and technology protection measures in place A local educational agency with responsibility for a school covered by subsection (a) that has in place an Internet safety policy meeting the requirements of subsection (a) shall certify its compliance with subsection (a) during each annual program application cycle under this part. (B) Schools without internet safety policies and technology protection measures in place (i) Certification A local educational agency with responsibility for a school covered by subsection (a) that does not have in place an Internet safety policy meeting the requirements of subsection (a) for each year in which the local educational agency is applying for funds for such school under this part, shall certify that it is undertaking such actions, including any necessary procurement procedures, to put in place an Internet safety policy that meets such requirements. (ii) Ineligibility Any school covered by subsection (a) for which the local educational agency concerned is unable to certify compliance with such requirements for a year shall be ineligible for all funding under this part for such year and all subsequent years until such time as such school comes into compliance with such requirements. (c) Disabling during certain use An administrator, supervisor, or person authorized by the responsible authority under subsection (a) may disable the technology protection measure concerned to enable access for bona fide research or other lawful purposes. (d) Noncompliance (1) Use of general education provisions act remedies Whenever the Secretary has reason to believe that any recipient of funds under this part is failing to comply substantially with the requirements of this section, the Secretary may— (A) withhold further payments to the recipient under this part; (B) issue a complaint to compel compliance of the recipient through a cease and desist order; or (C) enter into a compliance agreement with a recipient to bring it into compliance with such requirements, in same manner as the Secretary is authorized to take such actions under sections 455, 456, and 457, respectively, of the General Education Provisions Act. (2) Recovery of funds prohibited The actions authorized by paragraph (1) are the exclusive remedies available with respect to the failure of a school to comply substantially with a provision of this section, and the Secretary shall not seek a recovery of funds from the recipient for such failure. (3) Recommencement of payments Whenever the Secretary determines (whether by certification or other appropriate evidence) that a recipient of funds who is subject to the withholding of payments under paragraph (1)(A) has cured the failure providing the basis for the withholding of payments, the Secretary shall cease the withholding of payments to the recipient under that paragraph. (e) Definitions In this subpart: (1) Access to internet A computer shall be considered to have access to the Internet if such computer is equipped with a modem or is connected to a computer network that has access to the Internet. (2) Acquisition or operation An elementary school or secondary school shall be considered to have received funds under this part for the acquisition or operation of any computer if such funds are used in any manner, directly or indirectly— (A) to purchase, lease, or otherwise acquire or obtain the use of such computer; or (B) to obtain services, supplies, software, or other actions or materials to support, or in connection with, the operation of such computer. (3) Child pornography The term child pornography section 2256 (4) Computer The term computer (5) Harmful to minors The term harmful to minors (A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; (B) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and (C) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors. (6) Minor The term minor (7) Obscene The term obscene (8) Sexual act and sexual contact The terms sexual act sexual contact (f) Severability If any provision of this section is held invalid, the remainder of this section shall not be affected thereby. . III Language and academic content instruction for English learners and immigrant students 3001. Language and academic content instruction for English learners and immigrant students Title III (20 U.S.C. 6801 et seq.) is amended to read as follows: III Language and academic content instruction for English learners and immigrant students A English Language Acquisition, Language Enhancement, and Academic Achievement Act 3101. Short title This part may be cited as the English Language Acquisition, Language Enhancement, and Academic Achievement Act 3102. Purposes The purposes of this part are— (1) to ensure that English learners, including immigrant children and youth, achieve English proficiency; (2) to supplement the other services under this Act and related programs designed to ensure that English learners develop high levels of academic attainment and meet the college and career ready standards under section 1111(a)(1); (3) to support States as they— (A) adopt English language proficiency standards that include not less than 4 levels of English proficiency; (B) establish statewide frameworks for identifying and supporting English learners; and (C) adopt valid and reliable assessments of English proficiency aligned to— (i) English language proficiency standards; (ii) the statewide criteria for identifying English learners,; (iii) entering and exiting criteria; and (iv) a statewide system for supporting English learners; and (4) to support the efforts of early childhood educators, teachers, school leaders, State educational agencies, and local educational agencies to develop and enhance the capacity and flexibility needed to— (A) provide evidence-based, linguistically and culturally appropriate services to assist English learners supported under this part in— (i) attaining English language proficiency; (ii) meeting college and career ready academic content standards under section 1111(a)(1); and (iii) achieving school readiness before kindergarten entry; (B) implement such services effectively; (C) evaluate the impact of such services on school readiness, English language proficiency, and academic content knowledge; (D) modify such services as appropriate to meet the needs of students; and (E) create the conditions for learning necessary to meet the needs of English learners so English learners can access rigorous academic content; and (5) to promote family and community participation in language instruction educational programs in communities for parents of English learners. 1 Grants and subgrants for English language acquisition and language enhancement 3111. Formula grants to States (a) In general In the case of each State educational agency having a plan approved by the Secretary for a fiscal year under section 3113, the Secretary shall make a grant for the year to the agency for the purposes specified in subsection (b). The grant shall consist of the allotment determined for the State educational agency under subsection (c). (b) Use of funds (1) Subgrants to eligible entities The Secretary may make a grant under subsection (a) only if the State educational agency involved agrees to expend not less than 95 percent of the State educational agency’s allotment under subsection (c) for a fiscal year— (A) to award subgrants, from allocations under section 3114, to eligible entities to carry out the activities described in section 3115 (other than subsection (e) of that section); and (B) to award subgrants under section 3114(d)(1) to eligible entities that are described in that subsection to carry out the activities described in section 3115(d). (2) State activities (A) In general Subject to subparagraph (B), each State educational agency receiving a grant under subsection (a) may reserve not more than 10 percent of the agency’s allotment under subsection (c) for the purpose of carrying out 1 or more of the following activities: (i) Establishing and implementing a framework for identifying English learners that includes not less than 4 levels of English proficiency that— (I) can reasonably be measured; (II) are based on actual student performance; and (III) shall be used for identification, placement in English language instruction, reporting, and accountability purposes. (ii) Establishing and implementing standardized, statewide evidence-based entrance and exit procedures, including a requirement that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State. (iii) Establishing and implementing policies to support local educational agencies as local educational agencies ensure the continuity of English-learner identification and English proficiency level for students who transfer between local educational agencies. (iv) Adopting and implementing high-quality, evidence-based English language proficiency standards and matching assessments that identify not less than 4 levels of English proficiency and that are aligned with the college and career ready standards under section 1111(a)(1) adopted by the State for each grade level that— (I) set high expectations regarding academic achievement and linguistic proficiency for English learners at all levels of proficiency; and (II) support teachers as teachers enhance instruction to support English learners. (v) Establishing and implementing systems and policies to encourage and facilitate the sharing of highly effective practices for serving English learners among local educational agencies. (vi) Developing, in States where 20 percent of the English learner population has the same native language and a minimum of 10,000 students speak that language, native-language content assessments for students of that language group who cannot yet access the content in English, and incorporating the results of those assessments into the accountability system established under section 1111(a)(3) and 1116. (vii) Providing technical assistance to local educational agencies regarding professional development and family and community outreach and engagement. (viii) As appropriate, providing competitive grants to support improved outreach and school readiness in early education settings. (ix) As appropriate, developing curricula appropriate for dual-language instructional environments. (x) Planning, administration, and interagency coordination. (B) Limitation A State may use not more than one-third of the amount reserved under subparagraph (A) or $175,000, whichever is greater, for the activities described in subparagraph (A)(x). (c) Reservations and allotments (1) Reservations From the amount appropriated under section 3(j) for each fiscal year, the Secretary shall reserve— (A) 0.5 percent or $5,000,000 of such amount, whichever is greater, for payments to eligible entities that are defined under section 3112(a) for activities, approved by the Secretary, consistent with this subpart; (B) 0.5 percent of such amount for payments to outlying areas, to be allotted in accordance with their respective needs for assistance under this subpart (as determined by the Secretary) for activities that are approved by the Secretary and consistent with the purposes of this subpart; (C) 3.5 percent of such amount for national activities under subpart 3, except that not more than 0.5 percent of such amount shall be reserved for evaluation activities conducted by the Secretary and not more than $2,000,000 of such amount may be reserved for the National Clearinghouse for English Learner Support and Educational Programs described in section 3203; and (D) 3 percent of such amount for technical assistance provided to States under section 3122(c). (2) State allotments (A) In general Except as provided in subparagraph (B), from the amount appropriated under section 3(j) for each fiscal year that remains after making the reservations under paragraph (1), the Secretary shall allot to each State educational agency having a plan approved under section 3113(c)— (i) an amount that bears the same relationship to 80 percent of the remainder as the number of English learners in the State bears to the number of such children in all States , as determined by using data in accordance with paragraph (3); and (ii) an amount that bears the same relationship to 20 percent of the remainder as the number of immigrant children and youth in the State bears to the number of such children and youth in all States, as determined based only on data available from the American Community Survey conducted by the Department of Commerce. (B) Minimum allotments No State educational agency shall receive an allotment under this paragraph that is less than $500,000. (C) Reallotment If any State educational agency described in subparagraph (A) does not submit a plan to the Secretary for a fiscal year, or submits a plan (or any amendment to a plan) that the Secretary, after reasonable notice and opportunity for a hearing, determines does not satisfy the requirements of this subpart, the Secretary shall reallot any portion of such allotment to the remaining State educational agencies in accordance with subparagraph (A). (D) Special rule for puerto rico The total amount allotted to Puerto Rico for any fiscal year under subparagraph (A) shall not exceed 0.5 percent of the total amount allotted to all States for that fiscal year. (3) Use of data for determinations In making State allotments under paragraph (2)(A)(i), for each fiscal year, the Secretary shall determine the number of English learners in a State and in all States, for each fiscal year, using the most accurate, up-to-date data, which may be— (A) data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates; (B) the number of students assessed as not having attained English language proficiency, based on the State's English language proficiency assessment under section 1111(a)(2)(D), which may be multi-year estimates; (C) a combination of data available under subparagraphs (A) and (B); or (D) the most reliable source of data available to the Secretary for determining the number of immigrant children and youth in a State and in all States. 3112. Native American and Alaska Native children in school (a) Eligible entities For the purpose of carrying out programs under this part for individuals served by elementary schools, secondary schools, and postsecondary schools operated predominately for Native American children (including Alaska Native children), the following shall be considered to be an eligible entity: (1) An Indian tribe. (2) A tribally sanctioned educational authority. (3) A Native Hawaiian or Native American Pacific Islander native language educational organization. (4) An elementary school or secondary school that is operated or funded by the Bureau of Indian Education of the Department of the Interior, or a consortium of such schools. (5) An elementary school or secondary school operated under a contract with or grant from the Bureau of Indian Education of the Department of the Interior, in consortium with another such school or a tribal or community organization. (6) An elementary school or secondary school operated by the Bureau of Indian Education of the Department of the Interior and an institution of higher education, in consortium with an elementary school or secondary school operated under a contract with or grant from the Bureau of Indian Education of the Department of the Interior or a tribal or community organization. (b) Submission of applications for assistance Notwithstanding any other provision of this part, an entity that is considered to be an eligible entity under subsection (a) that desires to receive Federal financial assistance under this subpart, shall submit an application to the Secretary. (c) Special rules (1) Ineligibility for multiple awards for same period An eligible entity described in subsection (a) that receives a grant under this section shall not be eligible to receive a subgrant under section 3114 for the same period. (2) Native american language programs An eligible entity described in subsection (a) that receives a grant under this section may, in addition to other activities supported under this subpart, use the grant funds to support Native American language immersion programs and Native American language restoration programs, which may be taught by traditional or tribal leaders. 3113. State educational agency plans (a) Plan required Each State educational agency desiring a grant under this subpart shall submit a plan to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents Each plan submitted under subsection (a) shall— (1) describe the process that the agency will use in awarding subgrants to eligible entities under this subpart; (2) include high-quality, evidence-based English language proficiency standards aligned with the college and career ready standards adopted by the State and described in section 1111(a)(1) for each grade level that— (A) set high expectations regarding academic achievement and linguistic proficiency for English learners at all levels of proficiency; and (B) support teachers as teachers enhance curriculum and instruction to support English learners; (3) include a statewide framework for identifying, supporting, and exiting English learners that— (A) is aligned with the English language proficiency standards described in paragraph (2); and (B) includes not less than 4 levels of proficiency; (4) describe the statewide framework adopted under paragraph (3), including a justification for the number of levels of proficiency, the defining characteristics of each level, and a description of the extent to which students can use the English language to access rigorous academic content at each level of English language proficiency; (5) include a State English language proficiency assessment system that— (A) is valid, reliable, and aligned to the English language proficiency standards described in paragraph (2) and the statewide framework described in paragraph (3); and (B) provides relevant information to educators to better meet the needs of the English learners being served; (6) describe how the State will ensure that— (A) each student is proficient in academic English not more than 5 years after being identified as an English learner; and (B) in the case of a student who is an English learner who will graduate from secondary school in less than 5 years of being identified as an English learner— (i) such English learner student will receive not less than 5 years of services to help the student attain English proficiency; (ii) such English learner student will continue to receive services to gain English proficiency after graduation from secondary school, through a memorandum of understanding between the local educational agency and a local institution of higher education; and (iii) if such English learner student does not attain English proficiency not more than 5 years after being identified as an English learner, the student will not be counted as a graduating student in the State or local educational agency's calculation of the graduation rate; (7) provide an assurance the State will include English language proficiency assessment results as a representative and significant portion of the State-designed professional growth and improvement system, and a description of the process for doing so; (8) provide an assurance the State will include English language proficiency assessment results as a significant portion of the State-designed professional growth and improvement system for all teachers of English learners, and a description of the process for doing so; (9) describe how the State educational agency will support local educational agencies in assisting English learners in acquiring proficiency in each of the 4 language domains of reading, writing, speaking, and listening, as measured by the State’s English language proficiency assessment; (10) describe how the State educational agency will encourage and facilitate the sharing of highly-effective practices for serving English learners among local educational agencies, and, to the extent practicable, early childhood education programs; (11) describe how the State educational agency will coordinate programs and activities carried out under this subpart with the other programs and activities that such agency carries out under this Act, the Individuals with Disabilities Education Act, the Carl D. Perkins Career and Technical Education Act of 2006, the Head Start Act, the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. (12) describe how the agency will assist eligible entities in increasing the extent to which English learners acquire English language proficiency within the time frame described in paragraph (6), as informed by evidence-based practices; (13) provide an assurance eligible entities in the State will be given the flexibility to teach English learners using a language instruction curriculum that has been demonstrated to be effective; (14) describe how the agency will manage subgrants awarded under this subpart, including— (A) how the agency will ensure subgrant funds are expended to support the provision of services to help English learners achieve English language proficiency and meet the State’s college and career ready academic content standards, which may include using a evidence-based language instruction curriculum; (B) how the agency will monitor eligible entities receiving a subgrant under this part to ensure compliance with applicable Federal fiscal requirements, while also assisting such entities in building their capacity to offer high-quality services; and (C) how the agency will, in awarding subgrants under section 3114, address the needs of local educational agencies of all sizes and in all geographic areas, including local educational agencies that serve rural and urban schools; (15) identify the lowest performing local educational agencies in the State (regarding the activities described in this title) and describe how the State will ensure that those local educational agencies improve; and (16) provide an assurance the plan has been developed in consultation with local educational agencies, teachers, administrators of programs described under this part, parents, family members, community partners, and other relevant stakeholders. (c) Approval (1) In General The Secretary, after using a peer review process, shall approve a plan submitted under subsection (a) if the plan meets the requirements of this section. (2) Frequency and duration The State shall resubmit the plan submitted under subsection (a) every 4 years, and such resubmissions shall coincide with the years that the State submits a State plan under title I. (3) Additional information (A) Amendments If a State educational agency amends the plan approved under this subsection, the agency shall submit the amendment to the Secretary. (B) Approval The Secretary shall approve an amendment to an approved plan, unless the Secretary determines that the amendment will result in the agency not meeting the requirements, or fulfilling the purposes, of this part. (d) Consolidated plan A plan submitted under subsection (a) may be submitted as part of a State consolidated plan. (e) Secretary assistance The Secretary shall provide technical assistance, if requested, in the development of English language proficiency standards, performance targets, and assessments. 3114. Within-State allocations (a) In general After making the reservation required under subsection (d)(1), each State educational agency receiving a grant under section 3111(c)(2) shall award subgrants for a fiscal year by allocating, in a timely manner, to each eligible entity in the State having a plan approved under section 3116, an amount that bears the same relationship to the amount received under the grant and remaining after making such reservation as the population of English learners in public and nonpublic schools served by the eligible entity bears to the population of English learners in public and nonpublic schools served by all eligible entities in the State. (b) Limitation A State educational agency shall not award a subgrant from an allocation made under subsection (a) if the amount of such subgrant would be less than $10,000. (c) Reallocation Whenever a State educational agency determines that an amount from an allocation made to an eligible entity under subsection (a) for a fiscal year will not be used by the entity for the purpose for which the allocation was made, the agency shall, in accordance with such rules as the agency determines to be appropriate, reallocate such amount, consistent with such subsection, to other eligible entities in the State that the agency determines will use the amount to carry out that purpose. (d) Required reservation A State educational agency receiving a grant under this subpart for a fiscal year— (1) may reserve not more than 15 percent of the agency’s allotment under section 3111(c)(2) to award subgrants to eligible entities in the State that have experienced a significant increase, as compared to the average of the 2 preceding fiscal years, in the percentage or number of immigrant children and youth, including students with interrupted formal education, who have enrolled, during the fiscal year preceding the fiscal year for which the subgrant is made, in public and nonpublic elementary schools and secondary schools in the geographic areas under the jurisdiction of, or served by, such entities; and (2) in awarding subgrants under paragraph (1)— (A) shall consider eligible entities that satisfy the requirement of such paragraph but have limited or no experience in serving immigrant children and youth, including students with interrupted formal education,; (B) shall consider eligible entities that experience a significant increase in the percentage of immigrant children and youth served, including students with interrupted formal education, and eligible entities that experience a significant increase in the number of immigrant children and youth served, including students with interrupted formal education; and (C) shall consider the quality of each local plan under section 3116 and ensure that each subgrant is of sufficient size and scope to meet the purposes of this part. 3115. Subgrants to eligible entities (a) Purposes of subgrants A State educational agency may make a subgrant to an eligible entity from funds received by the agency under this subpart only if the entity agrees to expend the funds to supplement the education of English learners by helping English learners learn English and meet the State college and career ready academic content and student academic achievement standards. The eligible subgrantee shall carry out activities with such funds, using evidence-based approaches and methodologies that have been demonstrated to be effective for teaching English learners and immigrant children and youth, for the following purposes: (1) Developing and implementing new language instruction educational programs and academic content instruction programs for English learners and immigrant children and youth, including early childhood education programs, elementary school programs, and secondary school programs. (2) Carrying out highly focused, innovative, locally designed, evidence-based activities to expand or enhance existing language instruction educational programs and academic content instruction programs for English learners and immigrant children and youth. (3) Implementing, within an individual school, whole school programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immigrant children and youth. (4) Implementing, within the entire jurisdiction of a local educational agency, agencywide programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immigrant children and youth. (b) Administrative expenses Each eligible entity receiving funds under section 3114(a) for a fiscal year may use not more than 2 percent of such funds for the cost of administering this subpart. (c) Allowable activities An eligible agency that receives a subgrant under section 3114 may use subgrant funds to meet the academic and language needs of English learners, in order to meet the performance targets described under section 3121, by carrying out the following activities: (1) (A) Developing an individual performance target for each English learner that is not less than the rate of growth in English proficiency necessary for the student to achieve proficiency not more than 5 years after being identified as an English learner; and (B) in the case of a student who will graduate from secondary school in less than 5 years, ensuring that— (i) such student will receive not less than 4 years of services to help the student attain English proficiency; (ii) the student will continue to receive services to gain English proficiency after graduation from secondary school, through a partnership between the local educational agency and a local institution of higher education; and (iii) if a student described in this subparagraph does not attain English proficiency not more than 5 years after being identified as an English learner, the student will not be counted as a graduating student in the local educational agency's calculation of the graduation rate. (2) Developing and carrying out sustained, long term, job-embedded, data driven professional development for educators that includes— (A) specific knowledge and skills school leaders need to— (i) implement evidence-based strategies to create positive conditions for learning; (ii) create conditions for learning; (iii) support effective, evidence-based instructional programs; (iv) design comprehensive professional growth plans for educators who serve English learners; (v) develop the capacity of content-area teachers to meet the unique cultural, language, and academic needs of English learners; and (vi) meet the unique needs, cultural and otherwise, of families of English learners; (B) specific knowledge and skills teachers of English learners need to— (i) implement evidence-based instructional strategies for improving English learner acquisition of academic language; (ii) meet the academic and language needs of English learners of different ages; and (iii) meet the unique needs, cultural and otherwise, of families of English learners; and (C) specific knowledge and skills content-area teachers need to— (i) adapt, accommodate, and enhance academic content curricula and assessments, to the greatest extent practicable, to ensure that English learners can access academic content while maintaining the high expectations necessary to meet the performance targets described under section 3121 and the college and career ready standards described in section 1111(a)(1); (ii) execute evidence-based instructional strategies for improving English learner acquisition of content-specific language and concepts; (iii) execute evidence-based instructional practices for improving English learner acquisition of academic language; and (iv) meet the unique needs, cultural and otherwise, of families of English learners. (3) Implementing and carrying out opportunities for teachers of English learners and content-area teachers to plan collaboratively during contract hours. (4) Implementing or enhancing schoolwide data analysis and intervention teams to improve the achievement of English learners. (5) Developing, implementing, and carrying out not less than 1 of the following family engagement strategies: (A) Implementing community school models and related activities, such as opening school facilities to community-based organizations, establishing parent institutes, operating or supporting co-location with family literacy programs, and establishing co-location with public assistance programs. (B) Providing compensatory time to allow teachers to conduct home visits, or establishing a home visiting program in collaboration with a community-based organization. (C) Establishing native-language family outreach call centers. (D) Other evidence-based outreach strategies. (6) As necessary, acquiring evidence-based curricular and instructional materials designed to meet the needs of English learners. (d) Activities by agencies experiencing substantial increases in immigrant children and youth (1) In general An eligible entity receiving funds under section 3114(d)(1) shall use the funds to pay for activities that provide enhanced instructional opportunities for immigrant children and youth, including students with interrupted formal education, which may include— (A) family literacy, parent and family outreach, and leadership development activities designed to assist parents and family members in becoming engaged participants in the education and development of their children; (B) recruitment of, and support for, personnel, including early childhood educators, teachers, and paraprofessionals who have been specifically trained, or are being trained, to provide services to immigrant children and youth; (C) the provision of tutorials, mentoring, and academic or career counseling for immigrant children and youth; (D) identification, development, and acquisition of curricular materials, educational software, and technologies to be used in the program carried out with funds awarded under section 3114(a); (E) basic instructional services that are directly attributable to the presence in the local educational agency involved of immigrant children and youth, including the payment of costs of providing additional classroom supplies and costs of transportation; (F) such other costs that are directly attributable to such additional basic instructional services or that are designed to assist immigrant children and youth to achieve in elementary schools and secondary schools in the United States, such as programs of introduction to the educational system and civics education; and (G) activities, coordinated with community-based organizations (including community-based organizations providing early childhood education programs), institutions of higher education, private sector entities, or other entities with expertise in working with immigrants, to assist parents of immigrant children and youth by offering comprehensive community services. (2) Duration of subgrants The duration of a subgrant made by a State educational agency under section 3114(d)(1) shall be determined by the agency in the agency's discretion. (e) Selection of method of instruction (1) In general An eligible entity receiving a subgrant from a State educational agency under this subpart shall select 1 or more methods or forms of evidence-based instruction to be used in the programs and activities undertaken by the entity in assisting English learners in attaining English language proficiency and meeting State college and career ready academic content standards and student academic achievement standards under section 1111(a)(1) in order to be college and career ready. (2) Consistency The selection of methods or forms of instruction, as described under paragraph (1), shall be consistent with sections 3125 through 3128. (f) Supplement, Not Supplant Federal funds made available under this subpart shall be used so as to supplement the level of Federal, State, and local public funds that, in the absence of such availability, would have been expended for programs for English learners and immigrant children and youth and in no case to supplant such Federal, State, and local public funds. 3116. Local plans (a) Plan required Each eligible entity desiring a subgrant from a State educational agency under section 3114 shall submit a plan to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. (b) Contents Each plan submitted under subsection (a) for a subgrant under section 3114(a) shall, at a minimum— (1) describe the evidence-based programs and activities proposed to be developed, implemented, and administered under the subgrant, including how such programs and activities will enable children to speak, read, write, and comprehend the English language, meet State college and career ready academic content standards and student academic achievement standards under section 1111(a)(1), and be college and career ready; (2) describe how the eligible entity will hold elementary schools and secondary schools receiving funds under this subpart accountable for— (A) assessing annually, in accordance with section 1111(a)(2)(D), the English language proficiency of all English learners participating in programs funded under this subpart; and (B) meeting timelines, progress criteria, and performance targets for English learners in order to ensure that students served by programs carried out under this part— (i) achieve English proficiency; and (ii) meet the State’s college and career ready academic content standards under section 1111(a)(1); (3) describe how the eligible entity will engage family and community members and involve them in activities carried out using subgrant funds; (4) describe how the eligible entity will consult with teachers, researchers, school administrators, parents, family and community members, and, if appropriate, with education-related community groups and nonprofit organizations, and institutions of higher education, in developing and implementing such plan; (5) describe how language instruction and academic content instruction carried out under the subgrant will ensure that English learners being served by the programs develop English language proficiency and demonstrate such proficiency through academic content mastery; (6) describe how the eligible entity will, if applicable, coordinate activities under the plan with local Head Start and Early Head Start agencies, including migrant and seasonal Head Start agencies, and other early childhood education providers; and (7) contain an assurance that— (A) the eligible entity is not in violation of State law, including State constitutional law, regarding the education of English learners, consistent with sections 3124 through 3128; (B) each local educational agency that is included in the eligible entity complies with section 3202 prior to, and throughout, each school year; and (C) in developing the plan, the eligible entity considered how best to target funds to schools with high concentrations of English learners and to support continuous improvement in the services offered to English learners in the area served by the eligible entity. (c) Teacher english fluency Each eligible entity receiving a subgrant under this subpart shall include in the plan a certification that all teachers in any language instruction educational program for English learners that is, or will be, funded under this part are fluent in the language used for instruction, including having written and oral communications skills. 2 Accountability and administration 3121. Local evaluation and accountability (a) Evaluation (1) In General Each eligible entity that receives a subgrant from a State educational agency under subpart 1 shall provide such agency, at the conclusion of every second fiscal year during which the subgrant is received, with an evaluation, in a form prescribed by the agency, that includes— (A) a description of the programs and activities conducted by the entity with funds received under subpart 1 during the 2 immediately preceding fiscal years; (B) a description of the progress made by children in learning the English language as measured by the State English language proficiency assessment described in section 3113(b)(5) and meeting college and career ready academic content standards and student academic achievement standards under section 1111(a)(1); (C) the number and percentage of children in the programs and activities who meet the target established under section 3113(b)(6)(A); (D) a description of the progress made by children in meeting college and career ready academic content standards and student academic achievement standards under section 1111(a)(1) for each of the 2 years after such children are no longer receiving services under this part; and (E) a description of the progress made by former English learners in meeting college and career ready academic content standards and student achievement standards under section 1111(a)(1). (2) Use of Evaluation An evaluation provided by an eligible entity under subsection (a) shall be used by the entity and the State educational agency— (A) for improvement of programs and activities; (B) to determine the effectiveness of programs and activities in assisting children who are English learners to attain English proficiency, as measured in a way that is consistent with paragraph (4), and meet college and career ready academic content standards and student academic achievement standards under section 1111(a)(1); and (C) in determining whether or not to continue funding for specific programs or activities. (3) Evaluation Components An evaluation provided by an eligible entity under subsection (a) shall— (A) provide an evaluation of children enrolled in a program or activity conducted by the entity using funds under subpart 1 (including the percentage of children) who— (i) are making progress in attaining English proficiency, including the percentage of children who have achieved English proficiency; (ii) have transitioned into classrooms not tailored to English learners, and have a sufficient level of English proficiency to permit them to achieve in English and transition into classrooms not tailored to limited English learners; (iii) are meeting the college and career ready standards under section 1111(a)(1); and (iv) are not exempted from the State reading or language arts academic assessment in accordance with section 1111(a)(2)(B)(v)(II); and (B) include such other information as the State educational agency may require. (4) Evaluation Measures A State shall approve evaluation measures for use under paragraph (3) that are designed to assess— (A) the progress of children in attaining English proficiency, including a child's level of comprehension, speaking, listening, reading, and writing skills in English; (B) student attainment of college and career ready student academic achievement standards under section 1111(a)(1) on assessments described in section 1111(a)(2); and (C) progress in meeting the annual State performance targets described in section 3122. (b) Accountability (1) In general Each eligible entity that receives a subgrant from a State educational agency under this title shall annually reach an agreement with the State educational agency on a local English proficiency performance target for the percentage of English learners served by the eligible entity under this title who are making progress in achieving English proficiency not more than 5 years after being identified as an English learner. For purposes of this paragraph, English proficiency shall be measured using the English language proficiency assessment described in section 3113(b)(5). (2) Students who will graduate in less than 5 years In the case of a student who will graduate from secondary school in less than 5 years, if such does not attain English proficiency not more than 5 years after being identified as an English learner, the student shall not be counted as a graduating student in the local educational agency's calculation of the graduation rate. (3) Technical assistance During the development of the improvement plan described in paragraph (4), and throughout the implementation of such plan, the State educational agency shall— (A) provide technical assistance to the eligible entity; (B) provide technical assistance, if applicable, to schools served by the eligible entity under subpart 1 that need assistance to enable the schools to meet the eligible entity's local performance target described in paragraph (1); (C) assist the eligible entity in improving the professional development described in section 3115(c)(2) that such eligible entity is providing to educators; and (D) develop, in consultation with the eligible entity, a plan to incorporate evidence-based strategies and methodologies to improve the specific program or method of instruction provided to English learners. (4) Accountability (A) 2-Year Accountability If an eligible entity fails to meet the local performance target described in paragraph (1) for 2 consecutive years, the State educational agency shall— (i) identify such eligible entity as being in need of improvement; and (ii) require the eligible entity to develop and implement an improvement plan. (B) Entities in need of improvement If an eligible entity fails to meet the local performance targets described in paragraph (1) a year after being identified as being in need of improvement, as described in subparagraph (A)(i), the State educational agency shall— (i) identify such eligible entity as being in need of State support; (ii) require such eligible entity to develop and implement a plan to modify the entity’s curriculum, program, and method of instruction; and (iii) submit such plan to the State educational agency for approval. (C) Entities in need of State support If an eligible entity fails to meet the local performance targets described in paragraph (1) a year after being identified as being in need of State support, as described in subparagraph (B)(i), the State educational agency shall— (i) identify such eligible entity as being in need of State action; (ii) manage the subgrant funds and the eligible entity's subgrant programs for 4 years, or until the local performance target is reached if such target is reached in less than 4 years; and (iii) after 4 years, or after the local performance target is reached if such target is reached in less than 4 years, institute a 2 year probationary period, during which the State educational agency shall once again manage the subgrant funds and programs if the eligible entity fails to meet the local performance target at any time during the probationary period. 3122. State accountability (a) In general Each State educational agency, with input from subgrantees, shall establish in the State plan submitted under section 3113, a State performance target for the percentage of English learners served by the State under this title who are making progress in achieving English proficiency not more than 5 years after being identified as an English learner. The State performance target established under this subsection shall be subject to approval by the Secretary. Each State educational agency shall ensure that the local performance targets described in section 3121(b)(1) result, in the aggregate, in the State achieving the State’s performance target for English learners. (b) Improvement plan If a State educational agency has failed to meet the State's performance target for 2 consecutive years, the Secretary shall require the State educational agency to develop an improvement plan that will ensure that the State educational agency meets the State performance target. The improvement plan shall specifically address the factors that prevented the agency from meeting such performance target. (c) Technical assistance During the development of the improvement plan described in subsection (b), and throughout the implementation of such plan, the Secretary shall— (1) provide technical assistance to the State educational agency using the funds described in section 3111(c)(1)(D); (2) assist the State educational agency in developing a plan to improve and disseminate the professional development described in section 3115(c)(2); and (3) develop, in consultation with the State educational agency, a plan to incorporate evidence-based strategies and methodologies to improve the specific programs and method of instruction in use in such State. (d) Accountability (1) In General If a State educational agency fails to meet its performance target for 4 consecutive years, the Secretary shall— (A) require such State educational agency to modify its State plan and the methods of instruction in use in the State; or (B) require such State educational agency to— (i) identify low-performing local educational agencies in the State; (ii) develop and implement a plan to partner such low-performing local educational agencies with high-performing local educational agencies in the State that have met the local performance targets for the previous 3 years; and (iii) reallocate any grant funding under this title that would have otherwise been distributed to an identified low-performing local educational agency to such agency's high-performing partner local educational agency, as described in clause (ii), to enable the high-performing partner agency to provide technical assistance. (2) Students who will graduate in less than 5 years In the case of a student who will graduate from secondary school in less than 5 years, if such student does not attain English proficiency not more than 5 years after being identified as an English learner, the student shall not be counted as a graduating student in the State educational agency's calculation of the graduation rate. 3123. Reporting requirements (a) States Each State educational agency that receives assistance under this part shall provide annually to the Secretary, and make widely available within the State, a report containing information about— (1) the State’s progress in developing and implementing the English language proficiency standards described in section 3111(b)(2)(A)(iv); (2) the achievement, academic growth, and acquisition of English language proficiency of students served under this title; (3) programs and activities carried out by the State educational agency under this part; and (4) the effectiveness of such programs and activities in improving the education provided to English learners. (b) Secretary Every second year, the Secretary shall prepare and submit to the authorizing committees of Congress a report containing— (1) information about programs and activities carried out to serve English learners under this part, and the effectiveness of such programs and activities in improving the academic achievement and English proficiency of English learners; (2) information about the types of language instruction educational programs used by eligible entities receiving funding under this part to teach English learners; (3) a critical synthesis of data reported by eligible entities to States under section 3121(a)(3); (4) a description of technical assistance and other assistance provided by State educational agencies under section 3111(b)(2)(A); (5) an estimate of the number of certified or licensed teachers working in language instruction educational programs and educating English learners, and an estimate of the number of such teachers that will be needed for the succeeding 5 fiscal years; (6) the major findings of scientifically based research carried out under this title; (7) the number of programs or activities, if any, that were subject to accountability measures described in section 3121(b)(4) due to a failure to meet local performance targets; (8) the number of English learners served by eligible entities receiving funding under this part who were transitioned out of language instruction educational programs funded under this part into classrooms where instruction is not tailored for English learners; and (9) other information gathered from other reports submitted to the Secretary under this title, as applicable. 3124. Coordination with related programs In order to maximize Federal efforts aimed at serving the educational needs of English learners, the Secretary shall coordinate and ensure close cooperation with other entities carrying out programs serving language-minority and English learners that are administered by the Department and other agencies. 3125. Rules of construction Nothing in this part shall be construed— (1) to prohibit a local educational agency from serving English learners simultaneously with children with similar educational needs, in the same educational settings where appropriate; (2) to require a State or a local educational agency to establish, continue, or eliminate any particular type of instructional program for English learners; (3) to limit the preservation or use of Native American languages; (4) to prohibit the use of dual language programs to serve the needs of English learners and children with similar educational needs, in the same educational setting as appropriate. 3126. Legal authority under State law Nothing in this part shall be construed to negate or supersede State law, or the legal authority under State law of any State agency, State entity, or State public official, over programs that are under the jurisdiction of the State agency, entity, or official. 3127. Civil rights Nothing in this part shall be construed in a manner inconsistent with any Federal law guaranteeing a civil right. 3128. Programs for Native Americans and Puerto Rico Notwithstanding any other provision of this part, programs authorized under this part that serve Native American (including Native American Pacific Islander) children and children in the Commonwealth of Puerto Rico may include programs of instruction, teacher training, curriculum development, evaluation, and assessment designed for Native American children learning and studying Native American languages and children of limited Spanish proficiency, except that an outcome of programs serving such children shall be increased English proficiency among such children. 3129. Prohibition In carrying out this part, the Secretary shall neither mandate nor preclude the use of a particular curricular or pedagogical approach to educating English learners. 3 National activities 3131. Professional Development Grants (a) Grants Authorized The Secretary shall use funds made available under section 3111(c)(1)(C) to award grants, on a competitive basis and for a period of not more than 5 years, to institutions of higher education or nonprofit institutions with relevant experience or expertise and capacity (in consortia with State educational agencies or local educational agencies) in order to enable such consortia to— (1) provide for professional development activities that will improve classroom instruction for English learners; (2) assist educational personnel working with English learners to meet high professional standards, including standards for certification and licensure as teachers who work in language instruction educational programs and academic content instruction programs or serve English learners. (b) Uses of funds Grants awarded under this section may be used to— (1) support partnerships between State or local educational agencies and institutions of higher education to support the work of individuals who are completing baccalaureate and masters programs (such as programs in the areas of teacher training, program administration, policy, research, evaluation, assessment, and curriculum development) and to improve educational services and programs for English learners, provided that recipients of fellowships or assistance are required, on completion of their studies, to— (A) assist in the education of English learners through work in a school, local educational agency, or other educational agency or organization for a period of time equivalent to the period of time during which the individual receives assistance under this section; or (B) repay all or a prorated part of the financial assistance received under this section; (2) support research on promising instructional strategies or programs that have practical applications for teachers, counselors, parents and family members, school leaders, and others responsible for educating or improving the education of English learners and their families; (3) support strategies that promote school readiness for English learners and the transition from early childhood education programs, such as Head Start or State preschool programs, to elementary school programs; (4) support strategies that promote high school graduation for English learners; (5) support strategies that strengthen and increase family and community member engagement in education; (6) support the development of curricula that are appropriate to the needs of the participating consortium; and (7) support the dissemination of information gathered in accordance with paragraphs (1) through (5), particularly evidence-based best practices and the provision of technical assistance. 3132. Commission on assessment of English learners (a) Commission on assessment of english learners (1) In general The Secretary shall establish an independent commission on the assessment and advancement of English learners (referred to in this section as the commission (2) Date of appointment The members of the commission shall be appointed not later than 6 months after the date of enactment of the Strengthening America’s Schools Act of 2013 (b) Composition (1) In general The commission shall be comprised of individuals with experience and expertise in the educational advancement and development of English learners, including individuals with expertise in— (A) the practice of teaching English to speakers of other languages; (B) measurement and educational assessment systems; and (C) educational assessment and accountability practices. (2) Expertise of members The Secretary shall ensure that the individuals selected in accordance with paragraph (1) are experts who are competent, by virtue of their training, expertise, or experience, to evaluate instruction, assessments, and models for English learners. (c) Duties of the commission The commission shall provide the Secretary with advice and recommendations about the following issues: (1) The development and approval of standards pertaining to English learners, in order to assist the Secretary in the review and approval of statewide accountability systems that are required under section 3113(b)(5) and section 1111(a)(3). (2) The provision of regulations and guidance pertaining to the inclusion of English learners in assessment and accountability systems, including recommendations about appropriate accommodations and appropriate weights for assessments involving English learners, including the English language proficiency assessments described in section 3113(b)(5). (3) Ensuring that State English language proficiency standards under section 3113(b)(2) and section 1111(a)(1)(D) are properly aligned with college and career ready academic content standards under section 1111(a)(1). (4) The formation of peer review panels, under section 1111(b)(4), with regard to— (A) the inclusion on the panels of experts about English learners; and (B) processes to ensure that the work of the peer review panel is consistent with the standards and guidance developed by the commission. (5) Identifying ways to support local capacity-building efforts to assist local educational agencies and schools in properly supporting English learners. (6) Ensuring that the research, development, and dissemination activities of the Department address identified gaps in knowledge for effectively including English learners in assessment and accountability practices. (7) Ways to address the needs of English learners in all program planning at the Department, including inter- and intra-agency coordination. (8) The development of improved early learning assessment strategies and instruments that take into account the development of English learners across all of the essential domains of school readiness. (d) Independently commissioned research The commission may independently commission research that is directly relevant to the implementation of accountability provisions under this Act for English learners. (e) Annual report The commission shall, beginning not later than 1 year after the date on which all members of the commission have been appointed, submit an annual report to the Secretary and the authorizing committees of Congress containing the recommendations described in subsection (c). 3133. English language acquisition technology innovation grants (a) Purposes The Secretary shall use funds made available under section 3111(c)(1)(C) to provide English language acquisition technology innovation grants for purposes of pursuing breakthrough research and development in educational technology and providing the effective use of that technology to improve English proficiency and academic achievement for English learners, by— (1) identifying and promoting advances in fundamental and applied sciences and engineering that could be translated into new language learning or instruction technologies; (2) developing novel language learning or instruction technologies, and the enabling processes and contexts for effective use of those technologies; (3) developing, testing, and evaluating the impact and efficacy of those technologies; (4) accelerating technological advances in areas in which the private sector, by itself, is not likely to accelerate such advances because of difficulties in implementation or adoption, or technical and market uncertainty; (5) coordinating activities with nongovernmental entities to demonstrate technologies and research applications to facilitate technology transfer; and (6) encouraging educational research on English language acquisition using new technologies and the data produced by those technologies. (b) Authorities of Secretary The Secretary is authorized to— (1) establish processes for the development and execution of English language acquisition technology innovation grant projects and the solicitation of entities to carry out the projects in a manner that is— (A) tailored to the purposes of the English language acquisition technology innovation grants and not constrained by other Department-wide administrative requirements that could detract from achieving program results; (B) designed to heighten transparency; and (C) designed to heighten public- and private-sector involvement to ensure that investments are made in the most promising areas; (2) award grants, contracts, cooperative agreements, and cash prizes, and enter into other transactions (in accordance with such regulations as the Secretary may establish regarding other transactions); (3) obtain independent, periodic, rigorous evaluations, as appropriate, of— (A) the effectiveness of the processes being used to award and evaluate the effectiveness of the English language acquisition technology innovation grants in achieving the stated purposes; and (B) the effectiveness of individual projects assisted by English language acquisition technology innovation grants, using evidence standards developed in consultation with the Institute of Education Sciences, and the suitability of ongoing projects assisted by such grants for further investment or increased scale; (4) disseminate, through the comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9602 20 U.S.C. 9564 (5) collect, analyze, synthesize, and disseminate, through the comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9602), the regional educational laboratories system established under section 174 of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9564 (c) Evaluation funds The Secretary may use funds made available for English language acquisition technology innovation grants to pay the cost of the evaluations under subsection (b)(3). (d) Nonduplication To the maximum extent practicable, the Secretary shall ensure that grants, contracts, cooperative agreements, cash prizes, or other assistance or arrangements awarded or entered into pursuant to this section that are designed to carry out the purposes of the English language acquisition technology innovation grants do not duplicate activities under programs carried out under Federal law other than this section by the Department or other Federal agencies. B General provisions 3201. Definitions Except as otherwise provided, in this title: (1) Child The term child (2) Community-based organization The term community-based organization (3) Eligible entity The term eligible entity (A) 1 or more local educational agencies; or (B) 1 or more local educational agencies, in collaboration with an institution of higher education, community-based organization, or State educational agency. (4) Immigrant children and youth The term immigrant children and youth (A) are aged 3 through 21; (B) were not born in any State; and (C) have not been attending one or more schools in any one or more States or operated by the Department of Defense Education Authority for more than 3 full academic years. (5) Indian tribe The term Indian tribe 25 U.S.C. 450b (6) Language instruction educational program The term language instruction educational program (A) in which an English learner is placed for the purpose of developing and attaining English proficiency, while meeting college and career ready academic content standards and student academic achievement standards under section 1111(a)(1); and (B) that may make instructional use of both English and a child’s native language to enable the child to develop and attain English proficiency, and may include the participation of English proficient children if such course is designed to enable all participating children to become proficient in English and a second language. (7) Native american and native american language The terms Native American Native American language 25 U.S.C. 2902 (8) Native hawaiian or native american pacific islander native language educational organization The term Native Hawaiian or Native American Pacific Islander native language educational organization (A) a majority of its governing board and employees consisting of fluent speakers of the traditional Native American languages used in the organization’s educational programs; and (B) not less than 5 years successful experience in providing educational services in traditional Native American languages. (9) Native language The term native language (A) the language normally used by such individual; or (B) in the case of a child or youth, the language normally used by the parents of the child or youth. (10) Paraprofessional The term paraprofessional (11) State The term State (12) Tribally sanctioned educational authority The term tribally sanctioned educational authority (A) any department or division of education operating within the administrative structure of the duly constituted governing body of an Indian tribe; and (B) any nonprofit institution or organization that is— (i) chartered by the governing body of an Indian tribe to operate a school described in section 3112(a) or otherwise to oversee the delivery of educational services to members of the tribe; and (ii) approved by the Secretary for the purpose of carrying out programs under subpart 1 of part A for individuals served by a school described in section 3112(a). 3202. Parental notification (a) In general Each eligible entity receiving funds under this title to provide a language instruction educational program and academic content instruction program shall, not later than 30 days after the beginning of the school year, inform a parent or the parents of an English learner identified for participation in, or participating in, such program of— (1) the reasons for the identification of their child as an English learner and in need of placement in a language instruction educational program and academic content instruction program; (2) the child’s level of English language proficiency, how that level was assessed, whether the child is on track to achieve English proficiency not later than 5 years after being identified as an English learner, and the status of the child’s academic achievement; (3) the method 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 use of English and a native language in instruction; (4) how the program in which their child is, or will be participating, will appropriately respond to the educational strengths and needs of the child; (5) how the program will specifically help their child learn English and reflect age appropriate academic achievement standards for grade promotion and graduation; (6) the specific exit requirements for the program, the expected rate of transition from the program into classrooms that are not tailored for English learners, and the expected rate of graduation from secondary school for English learners in the program if the child is in secondary school; (7) in the case of a child with a disability, how the program meets the objectives of the child’s individualized education program; and (8) information pertaining to parental rights that includes written guidance— (A) detailing— (i) the parent’s right to have the parent’s child immediately removed from the program upon the parent’s request; and (ii) the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and (B) 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) Separate notification In addition to providing the information required to be provided under subsection (a), each eligible entity that is using funds provided under this title to provide a language instruction educational program, and that has failed to make progress on the local performance targets described in section 3122 for any fiscal year for which part A is in effect, shall separately inform a parent or the parents of a child identified for participation in such program, or participating in such program, of such failure not later than 30 days after the eligible entity receives notification of such failure from the State. (c) Receipt of information The information described in subsection (a) shall be provided in an understandable and uniform format and, to the extent practicable, in a language that the parent can understand. (d) Special rule applicable during school year For a child who has not been identified for participation in a language instruction educational program and academic content instruction program prior to the beginning of the school year, the eligible entity shall carry out subsections (a) and (b) with respect to the parents of the child not later than 2 weeks after the child is placed in such program. (e) Parent and family engagement (1) In general Each eligible entity using funds provided under this title to provide a language instruction educational program and academic content instruction program shall implement an effective means of outreach to parents and family members of English learners to inform such parents and family members of how they can— (A) be full partners in the education of their children, including ensuring that immigrant parents and family members are well informed about the elements of the educational system in the United States; and (B) be active participants in assisting their children— (i) to learn English; (ii) to achieve at high levels in core academic subjects; (iii) to meet the same college and career ready academic content standards and student academic achievement standards under section 1111(a)(1) as all children are expected to meet to become college and career ready; and (iv) to understand expectations for college readiness and career success. (2) Receipt of recommendations The outreach described in paragraph (1) shall include holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents described in such paragraph. (f) Basis for admission or exclusion A child shall not be admitted to, or excluded from, any Federally assisted education program on the basis of a surname or language-minority status. 3203. National Clearinghouse The Secretary shall establish and support the operation of a National Clearinghouse for English Learner Support and Educational Programs, which shall collect, analyze, synthesize, and disseminate information about programs that support the academic achievement of English learners, and related programs. The National Clearinghouse shall— (1) be administered as an adjunct clearinghouse of the Educational Resources Information Center Clearinghouses system supported by the Office of Educational Research and Improvement; (2) coordinate activities with Federal data and information clearinghouses and entities operating Federal dissemination networks and systems; (3) develop a system for improving the operation and effectiveness of programs that receive Federal funding that serve English learners; (4) collect and disseminate information on— (A) educational research and processes related to the education of English learners; (B) accountability systems that monitor the academic progress of English learners in language instruction educational programs, including information on academic content and English proficiency assessments for language instruction educational programs; (C) effective practices for meeting the academic and cultural needs of English learners; and (D) effective practices for engaging the families and caretakers of English learners; and (5) publish, on an annual basis, a list of grant recipients under this title. 3204. Regulations In developing regulations under this title, the Secretary shall consult with State educational agencies and local educational agencies, organizations representing English learners, and organizations representing teachers and other personnel involved in the education of English learners. . IV Supporting successful, well-rounded students 4101. Redesignations Title IV ( 20 U.S.C. 7101 et seq. (1) by striking the title heading and inserting the following: Supporting Successful, Well-Rounded Students (2) by redesignating subpart 3 of part A as subpart 1 of part G of title IX, as added by section 9104(a) of this Act, and transferring such subpart 1 so as to follow the part heading of such part G as added by section 9104(a) of this Act; (3) by redesignating section 4141 as section 9701; (4) by redesignating part C as subpart 2 of part G of title IX, as added by section 9104(a) of this Act, and transferring such subpart 2 so as to follow subpart 1 of part G of title IX, as redesignated by paragraph (2); (5) by redesignating sections 4301, 4302, 4303, and 4304, as sections 9721, 9722, 9723, and 9724, respectively; (6) in section 9721, as redesignated by paragraph (5), by striking part subpart (7) in section 9722, as redesignated by paragraph (5)— (A) in the matter preceding paragraph (1), by striking part subpart (B) in paragraph (2)(B), by striking part subpart (8) in section 9723(e)(3), by striking the matter following subparagraph (B) and inserting the following: (C) such other matters as justice may require. ; and (9) in section 9724, as redesignated by paragraph (5), by striking part subpart 4102. Improving literacy instruction and student achievement Part A of title IV ( 20 U.S.C. 7101 et seq. A Improving literacy instruction and student achievement 1 Improving literacy instruction 4101. Short title This part may be cited as the Improving Literacy Instruction and Student Achievement Act 4102. Purposes The purposes of this part are— (1) to improve student academic achievement in reading and writing by providing Federal support to State educational agencies to develop, improve, coordinate, and implement comprehensive literacy plans that ensure high-quality instruction and effective strategies in reading and writing from birth through grade 12; and (2) to assist State educational agencies in achieving the purpose described in paragraph (1) by— (A) supporting the development and implementation of comprehensive early learning through grade 12 literacy programs in every State that are based on scientifically valid research, to ensure that every child can read and write at grade level or above; (B) providing children with learning opportunities in high-quality, language rich, literature rich, informational text rich, culturally relevant, and developmentally appropriate environments so that the children develop the fundamental knowledge and skills necessary for literacy engagement, development, and achievement in pre-kindergarten through grade 12; (C) educating parents in the ways the parents can support their child’s communication and literacy development; (D) supporting efforts to link and align standards and research-based instruction and teaching practices in early learning programs; (E) supporting high-quality and effective strategies for children to develop oral language, reading, and writing abilities through high-quality research-based instruction and teaching practices; (F) improving academic achievement by establishing adolescent literacy initiatives that provide explicit and systematic instruction in oral language, reading, and writing development across the curriculum; (G) identifying and supporting children reading and writing significantly below grade level by providing evidence-based, intensive interventions, including interventions conducted during extended learning time, to help the children acquire the language and literacy skills the children need to stay on track for graduation; (H) providing assistance to local educational agencies in order to provide educators with ongoing, job-embedded professional development, and other support, that focuses on— (i) effective literacy instruction; and (ii) the special knowledge and skills necessary to teach and support literacy development effectively across the developmental and age span; (I) supporting State educational agencies and local educational agencies in improving reading, writing, and literacy-based academic achievement for children, especially children who are low-income individuals, are English learners, are migratory, are children with disabilities, are Indian or Alaskan Native, are neglected or delinquent, are homeless, are in the custody of the child welfare system, or have dropped out of school; (J) supporting State educational agencies and local educational agencies in using age appropriate and developmentally and linguistically appropriate instructional materials and strategies that assist teachers as the teachers work with children to develop reading and writing competencies appropriate to the children’s grade and skill levels; (K) strengthening coordination among schools, early literacy programs, family literacy programs, juvenile justice programs, public libraries, and outside-of-school programs that provide children with strategies, curricula, interventions, and assessments designed to advance early and continuing language and literacy development in ways appropriate for each context; (L) supporting professional development for educators based on scientific approaches to adult learning; and (M) evaluating whether the professional development activities and approaches are effective in building knowledge and skills of educators and their use of appropriate and effective practices. 4103. Definitions In this part: (1) Child The term child (2) Classroom-based instructional assessment The term classroom-based instructional assessment (A) is valid and reliable for the age and population of children served in the program; (B) is used to evaluate children’s developmental progress and learning and includes systematic observations by teachers of children performing tasks, including academic and literacy tasks, that are part of the children's daily classroom experience; and (C) is used to improve classroom instruction. (3) Comprehensive literacy instruction The term comprehensive literacy instruction (A) incorporates effective literacy instruction; and (B) is designed to support— (i) developmentally appropriate, contextually explicit, systematic instruction, and frequent practice, in reading across content areas; and (ii) developmentally appropriate and contextually explicit instruction, and frequent practice, in writing across content areas. (4) Developmental delay The term developmental delay 20 U.S.C. 1432 (5) Early learning program The term early learning program (6) Effective-literacy instruction (A) In general The term effective literacy instruction (i) includes age-appropriate, explicit, systematic, and intentional instruction in phonological awareness, phonic decoding, vocabulary, language structure, reading fluency, and reading comprehension; (ii) includes age-appropriate, explicit instruction in writing, including opportunities for children to write with clear purposes, with critical reasoning appropriate to the topic and purpose, and with specific instruction and feedback from instructional staff; (iii) makes available and uses diverse, high-quality print materials that reflect the reading and development levels, and interests, of children; (iv) uses differentiated instructional approaches, including individual and small group instruction and discussion; (v) provides opportunities for children to use language with peers and adults in order to develop language skills, including developing vocabulary; (vi) includes frequent practice of reading and writing strategies; (vii) uses age-appropriate, valid, and reliable screening assessments, diagnostic assessments, formative assessments, and summative assessments to identify a child's learning needs, to inform instruction, and to monitor the child's progress and the effects of instruction; (viii) uses strategies to enhance children’s motivation to read and write and children’s engagement in self-directed learning; (ix) incorporates the principles of universal design for learning; (x) depends on teachers’ collaboration in planning, instruction, and assessing a child's progress and on continuous professional learning; and (xi) links literacy instruction to the State college and career ready academic content standards under section 1111(a)(1), including the ability to navigate, understand, and write about, complex print and digital subject matter. (B) Birth through kindergarten When used with respect to instruction for children from birth to kindergarten entry, the term effective literacy instruction (i) developing such children's alphabet knowledge, reading aloud to children, discussing reading and writing with children, and modeling age and developmentally appropriate reading and writing strategies; and (ii) encouraging children’s early attempts at oral communication, reading, and writing. (C) Kindergarten through grade 12 When used with respect to the instruction of children in kindergarten through grade 12, the term effective literacy instruction (i) providing systematic and intensive interventions, which can be provided inside or outside the classroom as well as before, during, or after regular school hours, to supplement regular instruction for children reading below grade level; (ii) providing reading and writing opportunities that build academic vocabulary and knowledge of different text structures in core academic subjects; (iii) enabling children to write, communicate, and create knowledge, in ways that fit purpose, audience, occasion, discipline, and format, including practice in— (I) adhering to language conventions, including spelling, punctuation, and grammar; (II) planning and revising to improve clarity, coherence, logical development, and language usage; and (III) writing individually and collaboratively with feedback from instructors and peers; and (iv) cultivating shared responsibility for children's literacy learning by coordinating writing tasks, instructional practices, and criteria for feedback across academic content areas. (7) Eligible entity The term eligible entity (A) that serves high-need children; and (B) (i) when used with respect to a subgrant under section 4108, that consists of— (I) 1 or more local educational agencies providing early learning programs that have a demonstrated record of providing comprehensive literacy instruction for the age group such agencies or programs propose to serve; (II) 1 or more public or private early learning programs, such as a Head Start program, a child care program, a State-funded prekindergarten program, a public library program, or a family literacy program, that have a demonstrated record of providing comprehensive literacy instruction for the age group such programs propose to serve; or (III) 1 or more local educational agencies providing early learning programs, or 1 or more public or private early learning programs, such as a Head Start program, a child care program, a State-funded prekindergarten program, a public library program, or a family literacy program, in partnership with 1 or more public or private nonprofit organizations or agencies that have a demonstrated record of effectiveness— (aa) in improving the early literacy development of children from birth through kindergarten entry; and (bb) in providing professional development aligned with the activities described in section 4108(e)(1); or (ii) when used with respect to a subgrant under section 4109— (I) that is— (aa) a local educational agency; (bb) a consortium of local educational agencies; or (cc) a local educational agency or consortium of local educational agencies acting in partnership with 1 or more public or private nonprofit organizations or agencies that have a demonstrated record of effectiveness in— (AA) improving literacy achievement of children consistent with the purposes of their participation from kindergarten through grade 12; and (BB) providing professional development aligned with the activities described in subsection (b) and (c) of section 4109; and (II) (aa) has the highest numbers or proportion of children who are counted under section 1124(c), in comparison to other local educational agencies in the State; (bb) is among or consists of the local educational agencies in the State with the highest numbers or percentages of children reading or writing below grade level, based on the most currently available State academic assessment data under section 1111(a)(2); or (cc) has jurisdiction over a significant number or percentage of schools that are identified as persistently low-achieving under section 1116(c)(2). (8) English language acquisition (A) In general The term English language acquisition (B) Inclusions for English learners in school For an English learner in school, such term includes not only the social language proficiency needed to participate in the school environment, but also the academic language proficiency needed to acquire literacy and academic content and demonstrate the child's learning. (9) Family literacy services The term family literacy services (A) interactive literacy activities between or among family members who are primary caregivers and their children, including family literacy education to improve literacy of parents; and (B) training for family members who are primary caregivers regarding how to be the primary teacher for their children and full partners in the education of their children. (10) Formative assessment The term formative assessment (A) is teacher-generated or selected by teachers or instructional leaders for use during learning; (B) is embedded within the learning activity and linked directly to the intended outcomes of the current unit of instruction; and (C) provides feedback to help adjust ongoing teaching and learning to improve children's achievement of intended instructional outcomes. (11) High-quality professional development The term high-quality professional development (A) is job-embedded, ongoing, and based on scientifically valid research; (B) is sustained, intensive, and classroom-focused, and is not limited in scope to a 1-day or short-term workshop or conference; (C) is designed to increase the knowledge and expertise of teachers, early childhood educators and administrators, principals, other instructional leaders, and other program staff in applying— (i) effective literacy instruction; and (ii) instructional strategies and practices that are appropriate to the age, development, and needs of children and improve learning, including strategies and practices consistent with the principles of universal design for learning; (D) includes and supports teachers in effectively administering age and developmentally appropriate assessments, and analyzing the results of these assessments for the purposes of planning, monitoring, adapting, and improving effective classroom instruction or teaching strategies to improve child literacy; (E) includes instructional strategies utilizing one-to-one, small group, and classroom-based instructional materials and approaches based on scientifically valid research on literacy; (F) provides ongoing instructional literacy coaching— (i) to ensure high-quality implementation of comprehensive literacy instruction that is— (I) content centered; (II) integrated across the curriculum; (III) collaborative; and (IV) school, setting, and classroom embedded; and (ii) that uses student data to improve instruction; (G) includes and supports teachers in setting high reading and writing achievement goals for all children and provides the teachers with the instructional tools and skills to help children reach such goals; (H) for educators serving children in kindergarten through grade 12— (i) supports effective literacy instruction through core academic subjects, and through career and technical education subjects where such career and technical education subjects provide for the integration of core academic subjects; and (ii) includes explicit instruction in discipline-specific thinking and how to read and interpret discipline-specific text structures and features; (I) is differentiated for educators working with children from birth through kindergarten entry, children in kindergarten through grade 3, and children in grades 4 through 12, and, as appropriate, based on the grade or needs of the children; and (J) supports family literacy experiences and practices, and educating parents, teachers, and other caregivers about literacy development and child literacy development. (12) Instructional leader The term instructional leader (A) is an employee or officer of a school; and (B) is responsible for— (i) the school’s performance; and (ii) the daily instructional and managerial operations of the school. (13) Literacy coach The term literacy coach (A) who has— (i) previous teaching experience; (ii) demonstrated abilities in working with adult learners; and (iii) (I) a master’s degree with a concentration in reading and writing education or demonstrated proficiency in teaching reading or writing in a core academic subject consistent with effective literacy instruction; or (II) in the case of a literacy coach for children from birth through kindergarten entry, a concentration, credential, or significant experience in child development and early literacy development; (B) who supports teachers to— (i) apply research on how children become successful readers, writers, and communicators; (ii) apply multiple forms of assessment to guide instructional decisionmaking and use data to improve literacy instruction; (iii) improve children's writing and reading in and across content areas such as mathematics, science, social studies, and language arts; (iv) develop and implement differentiated instruction and teaching approaches to serve the needs of the full range of learners, including English learners and children with disabilities; (v) apply principles of universal design for learning; (vi) employ best practices in engaging principals, early learning program educators and administrators, teachers, and other relevant professionals to create school cultures that encourage and support literacy development and achievement; and (vii) set for children birth through kindergarten developmentally appropriate expectations for language and literacy development, and high reading and writing achievement goals for all children and select, acquire, and use instructional tools and skills to help children reach such goals; and (C) whose role with teachers and professionals supporting literacy instruction is— (i) to provide high-quality professional development, consistent with the definition of comprehensive literacy instruction; (ii) to work cooperatively and collaboratively with principals, teachers, and other professionals in employing strategies to help teachers identify and support child literacy and language development needs and teach literacy across the content areas and developmental domains; and (iii) to work cooperatively and collaboratively with other professionals in employing strategies to help teachers teach literacy across the content areas so that the teachers can meet the needs of all children, including children with disabilities, English learners, and children who are reading at or above grade level. (14) Local educational agency The term local educational agency (A) has the meaning given the term in section 9101; and (B) includes any public charter school that constitutes a local educational agency under State law. (15) Reading The term reading (A) The skills and knowledge to understand how phonemes, or speech sounds, are connected to print. (B) The ability to read with comprehension. (C) The ability to decode unfamiliar words with fluency. (D) The use of background knowledge and vocabulary to make meaning from a text. (E) The development and use of appropriate active strategies to interpret and construct meaning from print. (F) The development and maintenance of a motivation to read. (16) Scientifically valid research The term scientifically valid research 20 U.S.C. 1021 (17) Screening assessment The term screening assessment (A) valid, reliable, and based on scientifically based reading research; and (B) a brief procedure designed as a first step in identifying children who may be at high risk for delayed development or academic failure and in need of further diagnosis of their need for special services or additional reading instruction. (18) State The term State (19) State literacy leadership team (A) In general The term State literacy leadership team (i) is appointed and coordinated by the State educational agency; (ii) assumes the responsibility to guide the improvement or development and implementation of a statewide, comprehensive literacy plan; (iii) shall include, at a minimum— (I) a school principal with literacy expertise; (II) a teacher with literacy expertise; (III) a teacher or administrator with expertise in special education; (IV) a teacher or administrator with expertise in teaching the English language to English learners; (V) a representative from the State educational agency who oversees literacy initiatives; and (VI) a representative from higher education who is actively involved in research, development, or teacher preparation in comprehensive literacy instruction and intervention based on scientifically valid research; (iv) may include— (I) a literacy specialist serving in a school district within the State; (II) a literacy coach; (III) a librarian; (IV) a representative with family literacy expertise; (V) a representative from a State child-serving agency with expertise in comprehensive language and literacy instruction and strategies; (VI) a school counselor; (VII) a teacher of a core academic subject; (VIII) a special education administrator; (IX) a professor from a 4-year institution of higher education; (X) a parent; (XI) a business leader; (XII) the Governor or a delegated representative of the Governor; (XIII) a representative from the State board of education; (XIV) a representative from the State legislature; (XV) a representative of a nonprofit and community-based organization providing comprehensive literacy instruction and support; and (XVI) a representative from a school district superintendent's office; and (v) shall include, among the individuals selected to be members of the council pursuant to clauses (iii) and (iv), not less than 5 individuals who have literacy expertise in 1 of each of the areas of— (I) birth through kindergarten entry, such as the State Head Start collaboration director; (II) kindergarten entry through grade 3; (III) grades 4 through 12; (IV) English learners; and (V) special education. (B) Inclusion of a preexisting partnership If, before the date of enactment of the Strengthening America’s Schools Act of 2013, a State educational agency established a consortium, partnership, or any other similar body that was considered a literacy partnership for purposes of subpart 1 or 2 of part B of title I (as such title was in effect on such date) and that includes the individuals required under clauses (iii) and (v) of subparagraph (A), such consortium, partnership, or body may be considered a State literacy leadership team for purposes of subparagraph (A). (20) Summative assessment The term summative assessment (A) is valid, reliable, and based on scientifically valid research on literacy and English language acquisition; and (B) for children from birth through kindergarten entry, measures how young children have progressed over time relative to developmental norms, and for children in kindergarten through grade 12, measures what children have learned over time, relative to academic content standards. (21) Writing The term writing (A) composing meaning in print or through other media, including technologies, to communicate and to create new knowledge in ways appropriate to the context of the writing and the literacy development stage of the writer; (B) composing ideas individually and collaboratively in ways that are appropriate for a variety of purposes, audiences, and occasions; (C) choosing vocabulary, tone, genre, and conventions, such as spelling and punctuation, suitable to the purpose, audience, and occasion; and (D) revising compositions for clarity of ideas, coherence, logical development, and precision of language use. 4104. Program authorized (a) Reservations and awards to State educational agencies (1) In general From the amounts appropriated to carry out this part for a fiscal year, the Secretary shall— (A) reserve not more than a total of 4 percent of such amounts for dissemination of information and technical assistance under section 4110; (B) reserve not more than 5 percent of such amounts to award planning grants, on a competitive basis, to State educational agencies serving States, in accordance with section 4105; (C) in the case of a fiscal year for which the amounts to carry out this part are less than $500,000,000, use the amount not reserved under subparagraphs (A) and (B) to make awards, on a competitive basis, to State educational agencies serving States that have applications approved under section 4106 to enable the State educational agencies to carry out the activities described in section 4106(a); and (D) in the case of a fiscal year for which the amounts appropriated to carry out this part are equal to or exceeding $500,000,000— (i) reserve a total of 1 percent of such amount for— (I) allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among such outlying areas on the basis of their relative need, as determined by the Secretary in accordance with the purposes of this part; and (II) the Secretary of the Interior for programs under sections 4105 through 4109 in schools operated or funded by the Bureau of Indian Education; and (ii) use the amount not reserved under clause (i) and subparagraphs (A) and (B) to make awards, as described in paragraph (2), to State educational agencies serving States that have applications approved under section 4106 to enable the State educational agencies to carry out the activities described in section 4106(a). (2) Special rules for years with funds equal or exceeding $500,000,000 (A) Proportional division In each fiscal year described in paragraph (1)(D), the amount reserved under paragraph (1)(D)(i) shall be divided between the uses described in subclauses (I) and (II) of such paragraph in the same proportion as the amount reserved under section 1121(a) is divided between the uses described in paragraphs (1) and (2) of such section for such fiscal year. (B) Consultation A State educational agency that receives an allotment under paragraph (1)(D)(ii) shall engage in timely and meaningful consultation with representatives of Indian tribes located in the State in order to improve the coordination and quality of activities designed to develop effective approaches to achieve the purposes of this part consistent with the cultural, language, and educational needs of Indian children. (C) State allotment formula The Secretary shall allot the amount made available under paragraph (1)(D)(ii) for a fiscal year among the States in proportion to the number of children, from birth through age 17, who reside within the State and are from families with incomes below the poverty line for the most recent fiscal year for which satisfactory data are available, compared to the number of such children who reside in all States for that fiscal year. (3) Minimum award amount No State educational agency receiving an award under this section for a fiscal year may receive less than one-fourth of 1 percent of the total amount appropriated to carry out this part for the fiscal year. (4) Puerto Rico The amount allotted under paragraph (1)(C) to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-fourth of 1 percent of the total amount appropriated to carry out this part for such fiscal year. (b) Peer review (1) In general The Secretary shall convene a peer review panel to evaluate the applications to carry out section 4105 or 4106 using the evaluation criteria described in paragraph (2). (2) Development of evaluation criteria The Secretary shall report to the authorizing committees regarding the peer review process and evaluation criteria that shall be used to evaluate the grant applications to carry out sections 4105 and 4106. (3) Membership (A) Composition A peer review panel convened under paragraph (1) shall be composed of not less than 9 members, of whom— (i) 3 shall be appointed by the Secretary; (ii) 3 shall be appointed by the Secretary from among individuals— (I) recommended by the Chairman of the National Research Council of the National Academy of Sciences; and (II) with expertise in comprehensive language and literacy instruction and strategies; and (iii) 3 shall be appointed by the Secretary from among individuals— (I) recommended by the Director of the National Institute of Child Health and Human Development; and (II) with expertise concerning literacy development in children from birth through grade 12. (B) Competency and expertise The peer review panel convened under paragraph (1) may include— (i) classroom teachers with expertise in literacy, and literacy coaches, including— (I) special education teachers; (II) teachers of children who are English learners; and (III) early childhood educators; (ii) experts who provide high-quality professional development to teachers and other instructional staff to support children’s literacy development; (iii) experts in the screening assessment, diagnostic assessment, and other assessment of children’s literacy development; and (iv) experts in comprehensive literacy instruction and strategies in reading and writing, language development, and English language acquisition, as appropriate, including reading and writing in core academic subjects. (4) Distribution of recommendations Not later than 120 days after a peer review panel submits to the Secretary the panel's recommendation regarding an application by a State educational agency for a grant under section 4105 or 4106, the Secretary shall notify the State educational agency that the application has been approved or disapproved and shall provide to such State educational agency a copy of the peer review panel's recommendation. (c) Conflicts of interest (1) Peer review panels The Secretary shall ensure that each member of a peer review panel described in subsection (b) does not stand to benefit financially from a grant or subgrant awarded under this part. (2) State literacy leadership teams Each State educational agency that receives funding under this part shall ensure that each member of a State literacy leadership team participating in a program or activity assisted under this part does not stand to benefit financially from a grant or subgrant awarded under this part. (d) Supplement not supplant Award funds provided under this part shall supplement, and not supplant, non-Federal funds that would, in the absence of such award funds, be made available for literacy instruction and support of children participating in programs assisted under this part. (e) Maintenance of effort Each State educational agency that receives a grant or allotment under this section, and each eligible entity that receives a subgrant under section 4108 or 4109, shall maintain for the fiscal year for which the grant or subgrant is received and for each subsequent fiscal year the expenditures of the State educational agency or eligible entity, respectively, for literacy instruction at a level not less than the level of such expenditures maintained by the State educational agency or eligible entity, respectively, for the fiscal year preceding such fiscal year for which the grant or subgrant is received. 4105. State planning grants (a) Planning grants authorized (1) In general From amounts made available under section 4104(a)(1)(B), the Secretary may award planning grants to State educational agencies to enable the State educational agencies to complete comprehensive planning to carry out activities that improve literacy for children from birth through grade 12. (2) Grant period A planning grant awarded under this section shall be for a period of not more than 1 year. (3) Nonrenewability The Secretary shall not award a State educational agency more than 1 planning grant under this section. (b) Application (1) In general Each State educational agency desiring a planning grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Contents Each application submitted under this subsection shall, at a minimum, include a description of how the State educational agency will develop a plan for improving State efforts to develop, coordinate, implement, and assess comprehensive literacy activities that ensure high-quality instruction and effective strategies in reading and writing for all children in early learning programs and kindergarten through grade 12 programs. Such plan shall— (A) describe the activities for which assistance under this section is sought, demonstrating a particular focus on children who are reading or writing below grade level and children whose early literacy skills are below the appropriate age or developmental level; (B) provide a budget for the use of the planning grant funds to complete the required activities described in subsection (c); (C) include an analysis of data on child literacy and language and student academic achievement in reading to identify and establish baseline and benchmark levels against which to monitor child progress and improvement in literacy; and (D) provide an assurance that all State agencies responsible for administering early learning programs and services (including the State Head Start Collaboration Office and the State agency responsible for administering child care) and the State Advisory Council on Early Childhood Education and Care collaborated with the State educational agency to write the early learning portion of the grant application submitted under this subsection. (3) Approval of applications The Secretary shall evaluate applications under this subsection based on the quality of the response of the applications to the requirements under this subsection. (c) Required activities A State educational agency receiving planning grant funds under this section shall carry out each of the following activities: (1) Reviewing reading, writing, or other language and literacy resources and programs, such as school library programs, and data across the State to identify any literacy needs and gaps in the State. (2) Forming or designating a State literacy leadership team which shall execute the following functions: (A) Creating a comprehensive State literacy plan that— (i) is designed to improve language development, reading, writing, and academic achievement for children, especially children reading below grade level and children whose literacy skills are below the appropriate age or developmental level; (ii) includes— (I) a needs assessment and an implementation plan, including an analysis of data on child literacy and student academic achievement in reading to identify baseline and benchmark levels of literacy and early literacy skills in order to monitor progress and improvement; and (II) a plan to improve reading achievement among all children; (iii) ensures high-quality instruction, consistent with the characteristics of effective literacy instruction and strategies, in early learning programs and kindergarten through grade 12 programs; and (iv) provides for activities designed to improve literacy achievement for children who read or write below grade level, including such children who— (I) attend schools that are identified under section 1116(c)(2); or (II) are counted under section 1124(c); (B) Providing recommendations to guide the State educational agency in the State educational agency's process of strengthening State literacy standards and embedding State literacy standards with the State’s college and career ready academic content standards and college and career ready student academic achievement standards, and early learning and development standards. (C) Providing recommendations to guide the State educational agency in the State educational agency's process of measuring, assessing, and monitoring progress in literacy at the school, local educational agency, and State levels. (D) Identifying criteria for high-quality professional development providers, which providers may include qualified teachers within the State, for the State educational agency and local educational agencies. (E) Advising the State educational agency on how to help ensure that local educational agencies and schools provide timely and appropriate data to teachers to inform and improve instruction. (F) Providing recommendations to guide the State educational agency in the State educational agency's planning process of building educators’ capacity to provide high-quality comprehensive literacy instruction. 4106. State implementation grants (a) Implementation grants authorized (1) In general From amounts made available under subparagraphs (C) or (D)(ii) of section 4104(a)(1) (as applicable), the Secretary shall award implementation grants to State educational agencies to enable the State educational agencies— (A) to implement the comprehensive literacy plan that meets the criteria in section 4105(c)(2)(A) for early learning programs and kindergarten through grade 12 programs; (B) to carry out State activities under section 4107; and (C) to award subgrants under sections 4108 and 4109. (2) Limitation The Secretary shall not award an implementation grant under this section to a State for any year for which the State has received a planning grant under section 4105. (3) Duration of grants An implementation grant under this section shall be awarded for a period of not more than 5 years. (4) Renewals (A) In general The Secretary may renew a grant under this section for a period of not more than 2 years. (B) Conditions In order to be eligible to have an implementation grant renewed under this paragraph, the State educational agency shall demonstrate to the satisfaction of the Secretary that, during the project period— (i) with respect to children from birth through kindergarten entry, the State educational agency has collaborated with the State agencies that oversee child care and other early learning programs, and has collaborated with the State Advisory Council on Early Childhood Education and Care, to comply with the terms of the grant, including using the funds— (I) to increase access to high-quality professional development; (II) for developmentally appropriate curricula and teaching materials; and (III) for developmentally appropriate classroom-based instructional assessments and developmentally appropriate screening assessments and diagnostic assessments; and (ii) with respect to children in kindergarten through grade 12, demonstrates that there has been significant progress in student academic achievement, as measured by appropriate assessments, including the assessments included in the State accountability system under section 1111(a)(3)(A). (b) State applications (1) In general A State educational agency that desires to receive an implementation 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. The State educational agency shall collaborate with the State agency responsible for administering early learning programs and the State agency responsible for administering child care programs in the State in writing and implementing the early learning portion of the grant application under this subsection. (2) Contents An application described in paragraph (1) shall include the following: (A) A description of the members of the State literacy leadership team and a description of how the State educational agency has developed a comprehensive State literacy plan, consistent with the requirements of section 4105(c)(2)(A). (B) An implementation plan that includes a description of how the State educational agency will— (i) carry out the State activities described in section 4107; (ii) assist eligible entities with— (I) providing strategic and intensive comprehensive literacy instruction based on scientifically valid research for children who are reading and writing below grade level, including through— (aa) the use of multitiered systems of support; and (bb) addressing the literacy needs of children with disabilities or developmental delays and English learners in programs serving children from birth through grade 12; (II) providing training to parents, as appropriate, so that the parents can participate in the literacy related activities described in sections 4108 and 4109 to assist in the language and literacy development of their children; (III) selecting and using reading and writing assessments; (IV) providing classroom-based instruction that is supported by one-to-one and small group work; (V) using curricular materials and instructional tools, which may include technology, to improve instruction and literacy achievement; (VI) providing for high-quality professional development; and (VII) using the principles of universal design for learning; (iii) ensure that local educational agencies in the State have leveraged and are effectively leveraging the resources needed to implement effective comprehensive literacy instruction, and have the capacity to implement literacy initiatives effectively; and (iv) continually coordinate and align the activities assisted under this part with reading, writing, and other literacy resources and programs across the State and locally that serve children and their families and promote comprehensive literacy instruction and learning, including strengthening partnerships among schools, libraries, local youth-serving agencies, and programs, in order to improve literacy for all children. (C) A description of the key data metrics, and the performance targets for such metrics, that will be used and reported annually under section 4111(b)(1), which shall include— (i) metrics established consistent with section 1111(a)(3)(A), for children in grades 3 through 12; and (ii) the relevant program metrics and performance targets that the State shall use to monitor the implementation of its plan under section 4111. (D) An assurance that the State educational agency, and any eligible entity receiving a subgrant from the State educational agency under section 4108 or 4109, will, if requested, participate in the national evaluation under section 4110. (E) An assurance that the State educational agency will use implementation grant funds for literacy programs as follows: (i) Not less than 10 percent of such grant funds shall be used for State and local programs and activities pertaining to children from birth through kindergarten entry. (ii) Not less than 30 percent of such grant funds shall be used for State and local programs and activities, allocated equitably among the grades of kindergarten through grade 5. (iii) Not less than 30 percent of such grant funds shall be used for State and local programs and activities, allocated equitably among grades 6 through 12. (iv) Not more than 10 percent of such implementation grant funds shall be used for the State activities described in section 4107. (F) An assurance that the State educational agency shall give priority to awarding a subgrant to an eligible entity— (i) under section 4108 based on the number or percentage of children younger than the age of kindergarten entry who are— (I) served by the eligible entity; and (II) from families with income levels below the poverty line; and (ii) under section 4109 based on— (I) the number or percentage of children from birth through age 17 who are— (aa) served by the eligible entity; and (bb) from families with income levels below the poverty line; and (II) the number or percentage of children in kindergarten through grade 12 served by the eligible entity who are reading and writing below grade level according to State assessments. (c) Approval of applications (1) In general The Secretary shall evaluate State educational agency applications under subsection (b) based on the quality of the response of the applications to the application requirements under such subsection. (2) Peer review The Secretary shall convene a peer review panel in accordance with section 4104(b) to evaluate applications for each implementation grant awarded to a State educational agency under this section. (3) Early learning In order for a State educational agency’s application under this section to be approved by the Secretary, the application shall contain an assurance that the State agencies responsible for administering early learning programs and services, including the State agency responsible for administering child care programs, including, as applicable, the State Advisory Council on Early Childhood Education and Care, approve of and will be extensively consulted in the implementation of activities consistent with section 4108, with respect to the early learning portion of the application. 4107. State activities (a) Required activities A State educational agency shall use the implementation grant funds described in section 4106(b)(2)(E)(iv) to carry out the activities proposed in a State's implementation plan under section 4106(b)(2)(B), including the following activities: (1) In consultation with the State literacy leadership team, providing technical assistance, or engaging qualified providers to provide technical assistance, to eligible entities to enable the eligible entities to design and implement literacy programs under section 4108 or 4109. (2) Consulting with the State literacy leadership team and coordinating with institutions of higher education in the State— (A) in order to provide recommendations to strengthen and enhance preservice courses for students preparing, at institutions of higher education in the State, to teach children from birth through grade 12 in explicit, systematic, and intensive instruction in evidence-based literacy methods; and (B) by following up on reviews completed by the State literacy leadership team with recommendations to ensure that such institutions offer courses that meet the highest standards. (3) Reviewing and updating, in collaboration with teachers, statewide educational and professional organizations representing teachers, and statewide educational and professional organizations representing institutions of higher education, State licensure or certification standards in the area of literacy instruction in early education through grade 12. (4) Making publicly available, including on the State educational agency's website, information on promising instructional practices to improve child literacy achievement. (b) Permissive activities After carrying out the activities described in subsection (a), a State educational agency may use remaining implementation grant funds described in section 4106(b)(2)(E)(iv) to carry out 1 or more of the following activities: (1) Training the personnel of eligible entities to use data systems to improve child literacy learning. (2) Developing literacy coach training programs and training literacy coaches. (3) Building public support among local educational agency personnel, early learning programs, and the community for comprehensive literacy instruction for children from birth through grade 12. (4) Administration and evaluation of activities carried out under this part. 4108. Subgrants to eligible entities in support of birth through kindergarten entry literacy (a) Subgrants (1) In general A State educational agency, in consultation with the State agencies responsible for administering early learning programs and services, including the State agency responsible for administering child care programs, including, as applicable, the State Advisory Council on Early Childhood Education and Care, shall use a portion of implementation grant funds provided under subparagraph (C) or (D)(ii) of section 4104(a)(1) to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to support high-quality early literacy initiatives for children from birth through kindergarten entry. (2) Duration The term of a subgrant under this section shall be determined by the State educational agency awarding the subgrant. (b) Sufficient size and scope Each subgrant awarded under this section shall be of sufficient size and scope to allow the eligible entity to carry out high-quality early literacy initiatives for children from birth through kindergarten entry. (c) Local applications An eligible entity desiring to receive a subgrant under this section shall submit an application to the State educational agency, at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include a description of— (1) how the subgrant funds will be used to enhance the language and literacy development and school readiness of children, from birth through kindergarten entry, in early learning programs, which shall include an analysis of data that support the proposed use of subgrant funds; (2) the programs that the eligible entity proposes to assist under the subgrant, including demographic and socioeconomic information on the children enrolled in the programs; (3) a budget for the eligible entity that projects the cost of developing and implementing literacy initiatives to carry out the activities described in subsection (e); (4) how, if the eligible entity is requesting a planning period, which shall not exceed 1 year, the eligible entity will use that planning period to prepare for successful implementation of a plan to support the development of learning and literacy consistent with the purposes of this part; (5) the literacy initiatives, if any, in place and how these initiatives will be coordinated and integrated with activities supported under this section; (6) how the subgrant funds will be used to prepare and provide ongoing assistance to staff in the programs, through high-quality professional development; (7) how the subgrant funds will be used to provide services, incorporate activities, and select and use literacy instructional materials that— (A) meet the diverse developmental and linguistic needs of children, including English learners and children with disabilities and developmental delays; and (B) are based on scientifically valid research on child development and learning for children from birth through kindergarten entry; (8) how the subgrant funds will be used to provide screening assessments, diagnostic assessments, and classroom-based instructional assessments and assessments of developmental progress; (9) how families and caregivers will be involved, as appropriate, in supporting their child’s literacy development, instruction, and assessment; (10) how the subgrant funds will be used to help children, particularly children experiencing difficulty with spoken and written language, to make the transition from early childhood education programs to formal classroom instruction; (11) how the activities assisted under the subgrant will be coordinated with comprehensive literacy instruction at the kindergarten through grade 12 levels; (12) how the subgrant funds will be used— (A) to evaluate the success of the activities assisted under the subgrant in enhancing the early language and literacy development of children from birth through kindergarten entry; and (B) to evaluate data for program improvement; and (13) such other information as the State educational agency may require. (d) Approval of local applications The State educational agency, in consultation with the State agencies responsible for administering early learning programs, including the State agency responsible for administering child care programs and the State Advisory Council on Early Childhood Education and Care, shall— (1) select applications for funding under this section based on the quality of the applications submitted, including the relationship between literacy activities proposed and the research base or data supporting such investments, as appropriate, and the recommendations of— (A) the State literacy leadership team; and (B) other experts in the area of early literacy; and (2) place priority for funding programs based on the criteria in section 4106(b)(2)(F). (e) Local uses of funds (1) In general An eligible entity that receives a subgrant under this section shall use the subgrant funds, consistent with the entity's approved application under subsection (c), to— (A) enhance and improve early learning programs to ensure that children in such programs are provided with high-quality oral language and literature- and print-rich environments in which to develop early literacy skills; (B) carry out high-quality professional development opportunities for early childhood educators, teachers, and instructional leaders; (C) acquire, provide training for, and implement screening assessments, diagnostic assessments, and classroom-based instructional assessments; (D) select, develop, and implement a multitier system of support; (E) integrate research-based instructional materials, activities, tools, and measures into the programs offered by the eligible entity to improve development of early learning language and literacy skills; (F) train providers and personnel to support, develop, and administer high-quality early learning literacy initiatives that— (i) utilize data— (I) to inform instructional design; and (II) to assess literacy needs; and (ii) provide time and support for personnel to meet to plan comprehensive literacy instruction; (G) provide family literacy services, as appropriate, and educate parents, teachers, and other caregivers about child literacy development; (H) annually collect, summarize, and report to the State educational agency data— (i) to document child progress in early literacy and language skills development as a result of activities carried out under this section; (ii) to stimulate and accelerate improvement by identifying the programs served by the eligible entity that produce significant gains in skills development; and (iii) for all subgroups of children and categories of children, including children in the subgroups described in section 1111(a)(2)(B)(x), in a manner that— (I) utilizes a variety of measures of child literacy and language skills development; and (II) is consistent across the State; and (I) coordinate the involvement of families, early learning program staff, principals, other instructional leaders, and teachers in literacy development of children served under this part. (2) Curricula and assessment materials limitation Each eligible entity that receives a subgrant under this section shall not use more than 20 percent of the subgrant funds in the first year of subgrant funding, and not more than 10 percent of the subgrant funds in each year thereafter, to purchase curricula and assessment materials. (f) Prohibition The use of assessment items and data on any assessment authorized under this section to provide rewards or sanctions for individual children, early learning program providers, teachers, program directors, or principals is prohibited. 4109. Subgrants to eligible entities in support of kindergarten through grade 12 literacy (a) Subgrants to local educational agencies (1) Subgrants A State educational agency shall use a portion of the implementation grant funds provided under subparagraph (C) or (D)(ii) of section 4104(a)(1) to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the authorized activities described in subsections (b) and (c). (2) Sufficient size and scope A State educational agency shall award subgrants under this section of sufficient size and scope to allow the eligible entities to carry out high-quality literacy initiatives in each grade level for which the subgrant funds are provided. (3) Local applications An eligible entity desiring to receive a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include, for each school that the eligible entity identifies as participating in a subgrant program under this section, the following information: (A) A description of the eligible entity’s capacity to identify how subgrant funds will be used to inform and improve comprehensive literacy instruction at the school. (B) How the school, local educational agency, or a provider of high-quality professional development will provide ongoing high-quality professional development to all teachers, including early childhood educators, principals, and other instructional leaders served by the school, including early learning program administrators. (C) How the school will identify children in need of literacy interventions or other support services and provide appropriate scientifically valid instructional interventions or other support services which may include extended learning time for struggling children. (D) A budget for the school that projects the cost of developing and implementing literacy initiatives to carry out the activities described in subsections (b) and (c) as applicable. (E) An explanation of how the school will integrate comprehensive literacy instruction into core academic subjects. (F) A description of how the school will coordinate comprehensive literacy instruction with early learning and before- and after-school programs and activities in the area served by the local educational agency, such as school library programs. (G) A description of the assessments that will be used in an assessment system to improve comprehensive literacy instruction and track child literacy progress. (H) A description of how families and caregivers will be involved in supporting their children’s literacy instruction and assessment. (I) A description of how, if an eligible entity is requesting a planning period, the eligible entity will use that planning period to prepare for successful implementation of a plan to support the development of learning and literacy consistent with the purposes of this part. (J) A description of the literacy initiatives, if any, in place and how these initiatives will be coordinated and integrated with activities supported under this section. (K) An assurance that the eligible entity will, if requested, participate in the national evaluation described in section 4110. (b) Local uses of funds for kindergarten through grade 5 An eligible entity that receives a subgrant under this section shall use the subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 5: (1) Developing and implementing a literacy plan across content areas that— (A) serves the needs of all children, including children with disabilities and English learners, especially children who are reading or writing below grade level; (B) provides intensive, supplemental, accelerated, and explicit intervention and support in reading and writing for children whose literacy skills are below grade level; and (C) supports activities that are provided primarily during the regular school day but which may be augmented by after-school and out-of-school time instruction. (2) Acquiring, providing training for, selecting, and administering assessments, and managing, monitoring, and planning instruction based on the assessment data. (3) Providing high-quality professional development opportunities for teachers, literacy coaches, literacy specialists, English as a second language specialists (as appropriate), principals, and other program staff. (4) Training principals, specialized instructional support personnel, and other school district personnel to support, develop, administer, and evaluate high-quality kindergarten through grade 5 literacy initiatives that— (A) utilize data— (i) to inform instructional decisions; and (ii) to assess professional development needs; and (B) provide time and support for teachers and other instructional staff to meet to plan comprehensive literacy instruction. (5) Coordinating the involvement of early learning program staff, principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), special educators, and school librarians in the literacy development of children served under this part. (6) Engaging families and encouraging family literacy experiences and practices to support literacy development. (7) Annually collecting, summarizing, and reporting to the State educational agency data— (A) to document and monitor for the purpose of improving practice, improvements, or increases in children’s reading and writing pursuant to activities carried out under this section; (B) to stimulate and accelerate improvement by identifying the schools that produce significant gains in literacy achievement; and (C) for all children and categories of children, including the subgroups of children described in section 1111(a)(2)(B)(x), in a manner that utilizes a variety of measures and that is consistent across the State. (c) Local uses of funds for grades 6 through 12 An eligible entity that receives a subgrant under this section shall use subgrant funds to carry out the following activities pertaining to children in grades 6 through 12: (1) Developing and implementing a literacy plan described in paragraphs (1), (2), (3), (6), and (7) of subsection (b) for children in grades 6 through 12. (2) Training principals, specialized instructional support personnel, and other instructional leaders to support, develop, administer, and evaluate high-quality adolescent literacy initiatives that— (A) utilize data— (i) to inform instructional decisions and allow for personalization of instruction based on a child's need; and (ii) to assess professional development needs; (B) assess the quality of adolescent comprehensive literacy instruction in core academic subjects, and career and technical education subjects where such career and technical education subjects provide for the integration of core academic subjects; (C) provide time for teachers to meet to plan research-based adolescent comprehensive literacy instruction in core academic subjects, and career and technical education subjects where such career and technical education subjects provide for the integration of core academic subjects; and (D) include explicit instruction in discipline-specific thinking and how to read and interpret discipline-specific text structures and features. (3) Coordinating the involvement of principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), special educators, and school librarians in the literacy development of children served under this part. (d) Allowable uses An eligible entity that receives a subgrant under this section may, in addition to carrying out the activities described in subsections (b) and (c), use subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 12: (1) Providing a planning period of not more than 1 year for eligible entities to establish the elements necessary for successful implementation of a literacy program for kindergarten through grade 12. (2) Recruiting, placing, training, and compensating literacy coaches. (3) Connecting out-of-school learning opportunities to in-school learning in order to improve the literacy achievement of the children. (4) Training families and caregivers to support the improvement of adolescent literacy. (5) Providing for a multitier system of support. (6) Forming a school literacy leadership team to help implement, assess, and identify necessary changes to the literacy initiatives in 1 or more schools to ensure success. (7) Providing high-quality, literacy-rich environments that engage children with materials and experiences at the children's reading and writing levels. (8) Providing time for teachers (and other literacy staff, as appropriate, such as school librarians) to meet to plan comprehensive literacy instruction. (e) Limitation of use to certain schools An eligible entity receiving a subgrant under this section shall, in distributing the subgrant funds, provide the subgrant funds only to schools, including public charter schools, that have the highest percentages or numbers of children counted under section 1124(c). 4110. National evaluation, information dissemination, and technical assistance (a) National evaluation (1) In general From the amount reserved in accordance with section 9601, the Secretary shall enter into a contract with an organization independent of the Department for a 5-year national evaluation of the grant and subgrant programs assisted under this part. Such evaluation shall include scientifically valid research that applies rigorous and systematic procedures to obtain valid knowledge relevant to the implementation and effect of the programs. (2) Contents of evaluation The evaluation described in this subsection shall include an analysis of each of the following: (A) The impact of the implementation of literacy initiatives and practices supported under this part on— (i) increasing academic outcomes, including child literacy development in reading and writing, and speaking (as appropriate), grade promotion, and graduation to the extent predictable; (ii) promoting the appropriate early literacy development of young children; and (iii) strengthening the literacy skills of English learners and children with disabilities. (B) The fidelity of implementation of core program features, such as coherence of the program across grades, quality of technical assistance, State and local educational agency leadership, professional development for teachers and administrators, use of quality materials and pedagogy, and use of assessment. (C) The relationship between implementation of core features and children's academic outcomes. (D) Other inquiries as designated by the Secretary, such as— (i) the core functions of literacy initiatives that have demonstrated the greatest impact on child literacy achievement, especially among children reading below grade level; (ii) effective strategies to integrate State and local standards, curricula, assessments, instruction, materials, and interventions to improve literacy; (iii) the types of literacy activities and professional development that most effectively improve the early reading, writing, and language skills of children from birth through kindergarten entry; (iv) the impact of adolescent literacy initiatives on adolescent motivation, engagement, and participation in adolescent literacy activities; (v) the relationship between children’s literacy achievement and secondary school success, including improving graduation rates; and (vi) effective strategies to integrate school and public library programs to improve literacy. (3) Program improvement The Secretary shall— (A) provide the findings of the evaluation conducted under this section to State educational agencies and subgrant recipients for use in program improvement; (B) make such findings publicly available, including on the Department's website; and (C) submit such findings to the authorizing committees. (b) Information dissemination and technical assistance (1) In general From amounts reserved under section 4104(a)(1)(A), the Secretary, in collaboration with the regional educational laboratories established under section 174 of the Education Sciences Reform Act of 2002, the comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002, and the Director of the National Institute of Child Health and Human Development, shall— (A) distribute information on— (i) comprehensive literacy instruction, including best practices and model programs identified in the evaluation; (ii) other inquiries designated by the Secretary under subsection (a)(2)(D); or (iii) other relevant Federal studies of literacy activities; and (B) provide technical assistance in order to assist States and local educational agencies in improving comprehensive literacy instruction and learning. (2) Dissemination and coordination The Secretary shall disseminate the information described in paragraph (1)(A) to— (A) recipients of Federal financial assistance under this part, the Head Start Act, the Individuals with Disabilities Education Act, and the Adult Education and Family Literacy Act; and (B) each Bureau-funded school (as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)). (3) Use of networks In carrying out this subsection, the Secretary shall, to the extent practicable, use information and dissemination networks developed and maintained through other public and private entities. 4111. Rules of construction (a) Child eligibility Nothing in this part shall be construed to prohibit children eligible for assistance under title I or III or children eligible for assistance under part B or C of the Individuals with Disabilities Education Act from receiving literacy instruction and intervention under this part. (b) IDEA evaluation The screening assessments, diagnostic assessments, and formative assessments of reading and writing authorized under this part shall not be construed to constitute an evaluation required under part B or C of the Individuals with Disabilities Education Act, except that assessments administered under this Act may be used in conjunction with other assessments as part of an evaluation under part B or C of the Individuals with Disabilities Education Act, provided that the respective evaluation requirements under part B or C of such Act are met. 2 Improving literacy and college and career readiness through effective school library programs 4113. Purpose The purpose of this subpart is to improve students' literacy skills and readiness for higher education and careers, by providing students with effective school library programs. 4114. Definitions In this subpart: (1) Effective school library program The term effective school library program (A) is staffed by a State certified or licensed school librarian; (B) has up-to-date books, materials, equipment, and technology (including broadband); (C) includes regular collaboration between classroom teachers and school librarians to assist with development and implementation of the curriculum and other school reform efforts; and (D) supports the development of digital literacy skills. (2) Eligible entity The term eligible entity (A) a local educational agency in which not less than 20 percent of the students served by the local educational agency are from families with incomes below the poverty line; (B) a local educational agency that has a percentage of low-income children that is in the highest quartile among all local educational agencies in the State; or (C) a consortia of local educational agencies described in subparagraph (A) or (B). 4115. Improving literacy and college and career readiness through effective school library program grants (a) Grants to local educational agencies (1) In general From amounts appropriated under section 3(k) for this subpart, the Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to carry out the authorized activities described in subsection (b). (2) Sufficient size and scope The Secretary shall award grants under this section of sufficient size and scope to allow the eligible entities to carry out effective school library programs for which the grant funds are provided. (3) Distribution The Secretary shall ensure that grants under this section are equitably distributed among the different geographic regions of the United States, and among eligible entities serving urban and rural areas. (4) Duration A grant awarded under this section shall be for a period of 3 years. (5) Local applications An eligible entity 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. Such application shall include, for each school that the eligible entity identifies as participating in a grant program under this section, the following information: (A) a needs assessment relating to the need for literacy improvement at all grade levels and the need for effective school library programs, based on the age and condition of school library resources, including— (i) book collections; (ii) access to advanced technology; (iii) the availability of well-trained, State-certified or licensed school librarians; and (iv) the current level of coordination and shared planning time among school librarians and classroom teachers; (B) a description of which grade spans will be served, and an assurance that funding will be distributed to serve students in elementary, middle, and high schools; (C) how the eligible entity will extensively involve school librarians, teachers, administrators, and parents in the activities assisted under this section, and the manner in which the eligible entity will carry out the activities described in subsection (b) using programs and materials that are grounded in scientifically valid research; (D) the manner in which the eligible entity will effectively coordinate the funds and activities provided under this section with Federal, State, and local funds and activities under this subpart and other literacy, library, technology, and professional development funds and activities, including those funded through the Institute of Museum and Library Services; and (E) the manner in which the eligible entity will collect and analyze data on the quality and impact of activities carried out under this section by schools served by the eligible entity. (b) Local activities Funds under this section may be used to develop and enhance effective school library programs, which may include activities to— (1) acquire up-to-date school library resources, including books and reading materials that— (A) are appropriate for students in all grade levels to be served and for students with special learning needs, including students who are English learners; and (B) engage the interest of readers at all reading levels; (2) acquire and use advanced technology, incorporated into the curricula of the school, to develop and enhance the digital literacy skills of students; (3) facilitate Internet links and other resource-sharing networks among schools and school libraries, and public and academic libraries, where possible; (4) provide— (A) professional development in the acquisition of digital literacy skills and literacy instruction that is appropriate for all grades, including the assessment of student literacy needs, the coordination of reading and writing instruction across content areas, and training in literacy strategies in all content areas for school librarians; and (B) activities that foster increased collaboration among school librarians, teachers, and administrators; and (5) provide students with access to school libraries during nonschool hours, including the hours before and after school, during weekends, and during summer vacation periods. (c) Supplement not supplant Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds expended to carry out activities relating to library, technology, or professional development activities. (d) Accountability and reporting Each eligible entity that receives funds under this section for a fiscal year shall prepare and submit a report to the Secretary regarding how the funding was used and the extent to which the availability of, the access to, and the use of, up-to-date school library resources in the elementary schools and secondary schools served by the eligible entity was increased. . 4103. Improving science, technology, engineering, and math instruction and student achievement (a) Redesignation Title IV ( 20 U.S.C. 7101 et seq. (1) by redesignating part B as part F, and transferring such part F so as to follow part E, as added by section 4106; (2) by striking section 4206; and (3) by redesignating sections 4201, 4202, 4203, 4204, and 4205, as sections 4601, 4602, 4603, 4604, and 4605, respectively. (b) Improving science, technology, engineering, and math instruction and student achievement Title IV ( 20 U.S.C. 7101 et seq. B Improving science, technology, engineering, and mathematics instruction and student achievement 1 Improving STEM instruction and student achievement 4201. Purpose The purpose of this subpart is to improve student academic achievement in science, technology, engineering, and mathematics, including computer science, by— (1) improving instruction in such subjects through grade 12; (2) improving student engagement in, and increasing student access to, such subjects; (3) improving the quality and effectiveness of classroom instruction by recruiting, training, and supporting highly rated teachers and providing robust tools and supports for students and teachers in such subjects; and (4) closing student achievement gaps, and preparing more students to be college and career ready in such subjects. 4202. Definitions In this subpart: (1) Eligible entity The term eligible entity (A) a State educational agency; or (B) a State educational agency in partnership with 1 or more State educational agencies. (2) Eligible subgrantee The term eligible subgrantee (A) a high-need local educational agency; (B) an educational service agency serving more than 1 high-need local educational agency; (C) a consortium of high-need local educational agencies; or (D) an entity described in subparagraph (A) or (C) of paragraph (3) that has signed a memorandum of agreement with an entity described in subparagraph (A), (B), or (C) of this paragraph to implement the requirements of this subpart in partnership with such entity. (3) Outside Partner The term outside partner (A) A nonprofit or community-based organization, which may include a cultural organization, such as a museum or learning center. (B) A business. (C) An institution of higher education. (D) An educational service agency. (4) State The term State (A) any of the 50 States; (B) the District of Columbia; (C) the Bureau of Indian Education; or (D) the Commonwealth of Puerto Rico. 4203. Grants; allotments (a) Reservations (1) In General From the amounts appropriated for this part for a fiscal year, the Secretary shall reserve— (A) not more than 2 percent to provide technical assistance to States under this subpart; (B) not more than 5 percent for State capacity-building grants under this subpart, if the Secretary is awarding such grants in accordance with paragraph (2); and (C) 10 percent for the STEM Master Teacher Corps program under subpart 2. (2) Capacity-building grants (A) In General In any year for which funding is distributed competitively, as described in subsection (b)(1), the Secretary may award 1 capacity-building grant to each State that does not receive a grant under subsection (b), on a competitive basis, to enable such State to become more competitive in future years. (B) Duration Grants awarded under subparagraph (A) shall be for a period of 1 year. (b) Competitive Grants (1) In General For each fiscal year for which the amount appropriated to carry out this part, and not reserved under subsection (a)(1), is less than $500,000,000, the Secretary shall award grants, on a competitive basis, to eligible entities to enable such eligible entities to carry out the activities described in this subpart. (2) Duration Grants awarded under this subsection shall be for a period of not more than 3 years. (3) Renewal (A) In General If an eligible entity demonstrates progress, as measured by the metrics described in section 4206(a), the Secretary may renew a grant for an additional 2-year period. (B) Reduced Funding Grant funds awarded under subparagraph (A) shall be awarded at a reduced amount. (c) Formula Grants (1) In General For each fiscal year for which the amount appropriated to carry out this part, and not reserved under subsection (a)(1), is equal to or more than $500,000,000, the Secretary shall award grants to States, based on the formula described in paragraph (2). (2) Distribution of Funds The Secretary shall allot to each State— (A) an amount that bears the same relationship to 35 percent of the excess amount described in paragraph (1) as the number of individuals ages 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (B) an amount that bears the same relationship to 65 percent of the excess amount as the number of individuals ages 5 through 17 from families with incomes below the poverty line, in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined. (3) Funding Minimum No State receiving an allotment under this subsection may receive less than one-half of 1 percent of the total amount allotted under paragraph (1) for a fiscal year. (4) Puerto Rico The amount allotted under paragraph (2) to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-half of 1 percent of the total amount allotted under paragraph (1) for such fiscal year. (5) Reallotment of unused funds If a State does not successfully apply, the Secretary shall reallot the amount of the State's allotment to the remaining States in accordance with this subsection. 4204. Applications (a) In General Each eligible entity or State desiring a grant under this subpart, whether through a competitive grant under section 4203(b) or through an allotment under section 4203(c), shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Contents At a minimum, an application submitted under subsection (a) shall include the following: (1) A description of the needs, including assets, identified by the State or eligible entity, based on a State analysis, which— (A) may include results from a relevant pre-existing analysis of science, technology, engineering, and mathematics education quality and outcomes in the State or States served by the eligible entity; (B) shall include data for elementary school and secondary school grades, as applicable, to the extent that such data are available, on— (i) student achievement in science and mathematics, including such data collected in accordance with the requirements of section 1111(a)(3)(A), and student achievement in technology and engineering; (ii) science, technology, engineering, and mathematics teacher evaluations; (iii) student access to mathematics and science courses needed to enroll in credit-bearing coursework at institutions of higher education in the State or States served by the eligible entity; (iv) access to science, technology, engineering, and mathematics courses for students through grade 12 who— (I) are eligible to receive a free or reduced priced lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. (II) come from families with an income that is below the poverty line; (v) student achievement gaps in science, technology, engineering, and mathematics subjects; (vi) the percentage of students who successfully— (I) complete Advanced Placement or International Baccalaureate courses in science, technology, engineering, and mathematics subjects; or (II) complete rigorous, credit-bearing postsecondary education courses in science, technology, engineering, and mathematics subjects; (vii) the information collected under section 1111(d)(3)(B)(viii)(III); (viii) available instructional systems and supports, such as curricula, instructional materials, professional development, teacher evaluation systems, and assessments; (ix) science, technology, engineering, and mathematics teacher qualifications; and (x) teacher shortages and teacher distribution among local educational agencies and schools in science, technology, engineering, and mathematics subjects; (C) shall include labor market information regarding the industry and business workforce needs within the eligible entity; (D) shall include an analysis of the quality of pre-service preparation at all public institutions of higher education (including alternative pathways to teacher licensure or certification) for individuals preparing to teach science, technology, engineering, and mathematics subjects in a preschool, elementary school, or secondary school in the State; and (E) shall include an analysis of the implementation of any multi-tiered systems of support that have been employed in the State or States served by the eligible entity to address the learning needs of students in any science, technology, engineering, and mathematics subjects. (2) An identification of the specific science, technology, engineering, and mathematics subjects that the State or eligible entity will address through the activities described in section 4205, consistent with the needs identified under paragraph (1) (referred to in this subpart as identified subjects (3) A description, in a manner that addresses any needs identified under paragraph (1), of— (A) how grant funds will be used by the State or eligible entity to improve instruction in identified subjects using evidence-based programs of instruction that are aligned with the college and career ready standards and academic assessments under paragraphs (1) and (2) of section 1111(a); (B) how grant funds will be used to support subgrantees and other high-need local educational agencies in the employment of multi-tiered systems of support to provide early intervening services, as described in section 613(a)(4)(A)(ii) of the Individuals with Disabilities Education Act, and to increase student achievement in identified subjects; (C) the process that the State or eligible entity will use for awarding subgrants, including how relevant stakeholders will be involved; (D) how the State’s or eligible entity’s activities and subgrants will be coordinated with other Federal, State, and local programs and activities, including career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. (E) the technical assistance that the State or eligible entity will provide to subgrantees to support the activities undertaken by the subgrantees; (F) how the State or eligible entity will evaluate the activities funded, both at the State and subgrantee level, with funds provided under this subpart, and in a manner consistent with any evaluation activities carried out by the Institute of Education Sciences under section 4207, or the National Science Foundation; (G) how the State or eligible entity will allocate funds in a manner that will provide services to both elementary schools and secondary schools; (H) how the State or eligible entity will provide targeted support to improve instruction in high-need local educational agencies and high-need schools; (I) how the State or eligible entity’s proposed project will ensure an increase in access for students who are members of groups underrepresented in science, technology, engineering, and mathematics subject fields to high-quality courses in 1 or more of the identified subjects; and (J) how the State or eligible entity will continue to involve stakeholders in education reform efforts related to science, technology, engineering, and mathematics instruction. (4) Assurances that the State or eligible entity will monitor implementation of approved subgrantee plans. (c) Additional Funding A State or eligible entity that submits a request to use the additional State activities reservation described in section 4205(d)(2), shall provide, in a manner that addresses the needs identified under subsection (b)(1), a description of the activities that the eligible entity will carry out with such funds, consistent with section 4205. 4205. Authorized activities (a) Required activities Each State or eligible entity that receives a grant under this subpart shall use the grant funds to carry out each of the following activities: (1) Increasing access for students through grade 12 who are members of groups underrepresented in science, technology, engineering, and mathematics subject fields to high-quality courses in the identified subjects. (2) Implementing evidence-based programs of instruction based on high-quality standards and assessments in the identified subjects. (3) Providing professional development and other comprehensive systems of support for teachers and school leaders to promote high-quality instruction and instructional leadership in the identified subjects. (4) Providing technical assistance to subgrantees and other high-need schools and local educational agencies in order to improve student achievement and narrow achievement gaps in identified subjects, including through— (A) the development and implementation of multi-tiered systems of support; and (B) the development of curriculum or instructional materials consistent with the principals of universal design for learning, as defined in section 103 of the Higher Education Act of 1965. (b) Permissible activities Each State or eligible entity that receives a grant under this subpart may use the grant funds to carry out 1 or more of the following activities: (1) Recruiting qualified teachers and instructional leaders who are trained in identified subjects, including teachers who have transitioned into the teaching profession from a career in science, technology, engineering, and mathematics fields. (2) Providing induction and mentoring services to new teachers in identified subjects. (3) Developing instructional supports, such as curricula and assessments, which shall be evidence-based and aligned with State college and career ready academic content standards under section 1111(a)(1), and may include Internet-based curricula and Internet-based instructional supports. (4) Implementing an interdisciplinary approach, by integrating instruction in 1 or more science, technology, engineering, and mathematics subjects with reading, English language arts, or instruction in other core academic subjects and noncore academic subjects. (c) Subgrants (1) In General Each State or eligible entity that receives a grant under this section shall award subgrants, on a competitive basis, to eligible subgrantees. (2) Minimum Subgrant A State or eligible entity shall award subgrants under this subsection that are of sufficient size and scope to support high-quality, evidence-based, effective programs that are consistent with the purpose of this subpart. (3) Subgrantee Application (A) In General Each eligible subgrantee desiring a subgrant under this subsection shall submit an application to the State or eligible entity at such time, in such manner, and accompanied by such information as the State or eligible entity may require. (B) Contents of Subgrantee Application At a minimum, the application described in subparagraph (A) shall include the following: (i) A description of the activities that the eligible subgrantee will carry out, and how such activities will improve teaching and student academic achievement in the identified subjects, in a manner consistent with scientifically valid research. (ii) A description of how the eligible subgrantee will use funds provided under this subsection to serve students and teachers in high-need schools. (iii) A description of how funds provided under this subsection will be coordinated with other Federal, State, and local programs and activities, including career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. (iv) If the eligible subgrantee is working with outside partners, a description of how such outside partners will be involved in improving instruction and increasing access to high-quality learning experiences in the identified subjects. (4) Subgrantee Use of Funds (A) Required Use of Funds Each subgrantee under this subsection shall use the subgrant funds to carry out activities for students through grade 12, consistent with the activities described in the subgrantee's application, which shall include— (i) high-quality teacher and instructional leader recruitment, support, and evaluation in the identified subjects; (ii) professional development, which may include development and support for instructional coaches, to enable teachers and instructional leaders to increase student achievement in identified subjects, through— (I) implementation of classroom assessments; and (II) differentiation of instruction in identified subjects for all students, including for students who are children with disabilities and students who are English learners; (iii) activities to— (I) improve the content knowledge of teachers; and (II) facilitate professional collaboration, which may include providing time for such collaborations; (iv) the development, adoption, and improvement of high-quality curricula and instructional supports that— (I) are aligned with State college and career ready academic content standards under section 1111(a)(1); and (II) the eligible subgrantee will use to improve student academic achievement in identified subjects; (v) the development or improvement, and implementation, of multi-tiered systems of support to provide early intervening services and to increase student achievement in 1 or more of the identified subjects; and (vi) integrating instruction in the identified subjects with instruction in reading, English language arts, or other core and noncore academic subjects. (B) Allowable Use of Funds In addition to the required activities described in subparagraph (A), each eligible subgrantee that receives a subgrant under this subsection, may also use the subgrant funds to— (i) support the participation of low-income students in nonprofit competitions related to science, technology, engineering, and mathematics subjects (such as robotics, science research, invention, mathematics, computer science, and technology competitions); and (ii) broaden secondary school students' access to, and interest in, careers that require academic preparation in 1 or more identified subjects. (C) Limitation Each subgrantee that receives a subgrant under this subsection shall not expend more than 15 percent of the subgrant funds on the activities described in subparagraph (B). (D) Matching funds A State or eligible entity shall require an eligible subgrantee receiving a subgrant under this subsection to demonstrate that such subgrantee has obtained a commitment from 1 or more outside partners to match, using non-Federal funds or in-kind contributions, not less than 15 percent of the amount of subgrant funds. In the case of significant financial hardship, an eligible subgrantee may apply to the State or eligible entity for, and the State or eligible entity may grant, a waiver of a portion of the minimum matching funds requirement. (d) State Activities (1) In General Each State or eligible entity that receives a grant under this subpart may use not more than 5 percent of grant funds for— (A) administrative costs; (B) monitoring the implementation of subgrants; (C) providing technical assistance to subgrantees; and (D) evaluating subgrants in coordination with the evaluation described in section 4207. (2) Reservation Each State or eligible entity that receives a grant under this subpart may submit a request to the Secretary to reserve not more than 15 percent of grant funds, inclusive of the amount described in paragraph (1), for additional State activities, consistent with subsections (a) and (b). 4206. Performance metrics; report (a) Establishment of Performance Metrics The Secretary, acting through the Director of the Institute of Education Sciences, shall establish performance metrics to evaluate the effectiveness of the activities carried out under this subpart. (b) Annual Report Each State or eligible entity that receives a grant under this subpart shall prepare and submit an annual report to the Secretary, which shall include information relevant to the performance metrics described in subsection (a). 4207. Evaluation From the amount reserved in accordance with section 9601, the Secretary shall— (1) acting through the Director of the Institute of Education Sciences, and in consultation with the Director of the National Science Foundation— (A) evaluate the implementation and impact of the activities supported under this subpart, including progress measured by the metrics established under section 4206(a); and (B) identify best practices to improve instruction in science, technology, engineering, and mathematics subjects; and (2) disseminate, in consultation with the National Science Foundation, research on best practices to improve instruction in science, technology, engineering, and mathematics subjects. 4208. Supplement not supplant Funds received under this subpart shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this subpart. 4209. Maintenance of effort A State that receives funds under this subpart for a fiscal year shall maintain the fiscal effort provided by the State for the subjects supported by the funds under this part at a level equal to or greater than the level of such fiscal effort for the preceding fiscal year. 2 STEM Master Teacher Corps Program 4221. Purpose The purpose of this subpart is to establish a STEM Master Teacher Corps program that— (1) elevates the status of the STEM teaching profession by recognizing and rewarding outstanding STEM teachers; (2) attracts and retains effective STEM teachers, particularly in high-need schools, by offering them additional compensation, instructional resources, and instructional leadership roles; and (3) creates a network of outstanding STEM teacher-leaders who will— (A) share best practices and resources; (B) take on leadership responsibilities in their schools, districts, States (if part of the participating area), or consortia with the authority to provide professional support to their STEM colleagues not participating in the STEM Master Teacher Corps; (C) aid in the development and retention of beginning teachers by serving as their role models and providing them with instructional support; and (D) inform the development of STEM education policy. 4222. Definitions In this subpart: (1) Eligible entity The term eligible entity (A) institutions of higher education; or (B) nonprofit organizations with a demonstrated record of success in preparing or improving the effectiveness of STEM teachers. (2) Participating area The term participating area (A) in the case of an eligible entity that includes a State educational agency or consortium of State educational agencies, the State or States; or (B) in the case of an eligible entity that includes a consortium of local educational agencies, the area served by such agencies. (3) Rural school The term rural school (A) designated with a school locale code of Distant Town, Remote Town, Fringe Rural, Distant Rural, or Remote Rural; and (B) served by a local educational agency in which not less than two-thirds of the students served by the agency attend a school designated with 1 of the school locale codes listed in subparagraph (A). (4) STEM The term STEM 4223. STEM Master Teacher Corps Program (a) In general (1) Grants authorized From the amount reserved under section 4203(a)(1)(C), the Secretary, in consultation with the Director of the National Science Foundation and the heads of other appropriate Federal agencies, as determined by the Secretary, shall establish a STEM Master Teacher Corps program by awarding, on a competitive basis, 1 or more grants of not less than $15,000,000 each to eligible entities to enable the eligible entities to establish the program, in accordance with section 4225. (2) Planning grants The Secretary may award planning grants to eligible entities to enable the entities to make plans to establish the program, in accordance with section 4225. (b) Duration of grant (1) In general A grant awarded under this subpart shall be for a period of not more than 5 years. (2) Review The Secretary shall— (A) review, 3 years after an eligible entity is awarded a grant under this subpart, the performance of the entity during the 3-year period; and (B) fund the remaining grant period for such entity if the Secretary determines, based on such review, that the entity is achieving satisfactory results. (c) Matching requirement (1) In general Except as provided in paragraph (2), an eligible entity that receives a grant under this subpart shall provide, from non-Federal sources, an amount equal to not less than 50 percent of the amount of the grant, which may be provided in cash or in-kind, to carry out the activities supported by the grant. (2) Exception (A) In general The Secretary may waive the 50 percent matching requirement under paragraph (1) for an eligible entity that the Secretary determines is unable to meet such requirement. The Secretary shall set a matching requirement for such eligible entities according to the sliding scale described in subparagraph (B). (B) Sliding scale The amount of a match under subparagraph (A) shall be established based on a sliding fee scale that takes into account— (i) the relative poverty of the population to be targeted by the eligible entity; and (ii) the ability of the eligible entity to obtain such matching funds. (3) Consideration The Secretary shall not consider an eligible entity's ability to match funds when determining which eligible entities will receive grant awards under this subpart. 4224. Application (a) In general An eligible entity desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents An application submitted under this section shall include— (1) a description of the STEM Master Teacher Corps program that the eligible entity intends to carry out, including the number of Corps members the entity intends to select, the intended distribution of subjects and grade levels taught, the geographic and economic characteristics of the local educational agencies that are part of the participating area, such as the rural-urban continuum codes and proportion of high-need schools served, and the type of activities proposed for recruitment of Corps members; (2) a description of the roles and responsibilities that each participating local educational agency, State, institution of higher education, or nonprofit organization, as applicable, will have; (3) a demonstration that the entity has sufficient capacity to carry out the activities described in section 4225; (4) a description of the member selection process and criteria that the applicant will use to select members of the STEM Master Teacher Corps, in accordance with section 4225(b); (5) a description of how the eligible entity intends to facilitate networking and sharing of best practices and educational resources relating to STEM education among Corps members, particularly at rural schools, if applicable, and make a selection of these best practices and resources more widely available to other teachers and the STEM educational community, including through electronic means; (6) a demonstration that the entity has a clear plan for— (A) offering research-based professional development to Corps members, including training on instructional leadership, mentoring, engaging and effectively teaching historically underachieving or underrepresented groups in STEM fields, such as girls, minorities, low-income students, English learners, and students with disabilities, and effective STEM teaching methods, such as incorporating hands-on STEM projects into their lesson plans; and (B) tracking the effectiveness of such professional development; (7) a demonstration that the entity has a clear plan for evaluating the impact of the professional support provided by STEM Master Teacher Corps members to other teachers in their school, district, State (if part of the participating area), or consortium; (8) a description of how the local educational agencies and schools served by the eligible entity intend to align STEM Master Teacher Corps members’ duties with school systems and activities already in place, if applicable, such as professional development and mentoring; (9) an explanation of how STEM Master Teacher Corps members will be afforded the time, authority, and resources to fulfill requirements under the program, and how other teachers will be afforded the time to receive professional support from Corps members; (10) a demonstration that the entity has a clear plan for oversight to ensure that STEM Master Teacher Corps members carry out the responsibilities described in section 4225(c) to the fullest extent practicable, and a description of the actions to be taken if a member does not carry out such responsibilities; and (11) a description of how the grant funds will be financially managed. (c) Criteria for awarding grants (1) In general The Secretary shall award grants under this subpart on the basis of merit considering, at a minimum, the following: (A) The extent to which the local educational agencies that are part of the eligible entity are committed to integrating the program into existing school structures, policies, operations, and budgets, such as by enabling STEM Master Teacher Corps members to take on leadership roles in their schools, districts, States, if part of the participating area, or consortia, in addition to their classroom duties, including assisting in the development and implementation of professional development activities and driving the instructional program of the school. (B) The quality of the proposed professional development, teacher leadership and mentorship activities, and networking opportunities. (C) Demonstration that the local educational agencies and schools they serve have removed barriers to full participation in the program, including affording Corps members and the teachers they mentor the time to participate in activities required by the program. (D) The number and quality of the individuals that will be served by the program. (E) The capacity of the eligible entity to effectively carry out the program. (2) Priority In awarding grants under this subpart, the Secretary shall give priority to— (A) eligible entities that intend to include large numbers of teachers in the STEM Master Teacher Corps; and (B) eligible entities that intend to include rural schools, particularly high-need rural schools, in the participating area to be served. 4225. Required use of funds (a) In general An eligible entity receiving a grant under this subpart shall use grant funds to— (1) administer the selection of teachers for membership in the STEM Master Teacher Corps, in accordance with the requirements of subsection (b); (2) provide compensation to each public school teacher who is selected and serves as a member of the STEM Master Teacher Corps, in recognition of the teacher's teaching accomplishments, leadership, and increased responsibilities, which amount shall— (A) supplement, and not supplant, the teacher's base salary; and (B) be equal to— (i) in the case of a teacher who teaches at a high-need public school, including a high-need charter school, $15,000 per year for each year the teacher serves as a member of the Corps; and (ii) in the case of a teacher who teaches at a public school, including a charter school, that is not a high-need school, $5,000 per year for each year the teacher serves as a member of the Corps; (3) provide research-based professional development activities for members of the STEM Master Teacher Corps, as described in section 4224(b)(6), and track the effectiveness of such professional development in order to determine whether to alter professional development activities; (4) provide discretionary resources for STEM Master Teacher Corps members at high-need public schools to use in their classrooms and schools, including for after school activities to enrich STEM education and for equipment and technology to facilitate long distance networking, mentoring, and sharing of best practices; (5) assist in coordinating instructional leadership roles for STEM Master Teacher Corps members and mentoring relationships between STEM Master Teacher Corps members and other teachers in the same school, school district, State, if part of the participating area, or consortium in which the Corps members serve as instructional leaders; (6) facilitate efforts by STEM Master Teacher Corps members to inform STEM education policy at the national, State, and local levels; (7) help defray costs associated with affording STEM Master Teacher Corps members the time to fulfill their duties as Corps members; and (8) support other activities that advance the purpose of this subpart. (b) Selecting Members of the STEM Master Teacher Corps (1) Selection criteria for corps members The eligible entity shall select, as members of the STEM Master Teacher Corps, exemplary STEM teachers at the elementary school and secondary school levels who teach in the participating area, which may also include special education teachers and teachers of English learners who teach a STEM subject. In selecting the members, the eligible entity shall— (A) make decisions based on the teacher's— (i) ability to improve student academic achievement in the STEM fields, as demonstrated by, if applicable, student academic growth in such fields; (ii) ability to enhance student engagement in such fields; (iii) record of leadership in the teacher’s school and involvement in professional and outreach activities; (iv) record of teaching students not on grade level or not making sufficient growth to graduate college and career ready; and (v) demonstrated ability to facilitate student academic achievement growth with the students described in clause (iv), where such measures are available; and (B) evaluate the teacher’s ability and record based on multiple measures, such as— (i) teacher evaluations of pedagogical skills; (ii) an assessment of content knowledge; (iii) the performance and improvement of the teacher’s students on tests; (iv) demonstration of practical professional experience in the teacher’s discipline, such as having worked in industry or research; (v) involvement in STEM discipline professional societies; (vi) STEM outreach and community involvement; and (vii) certification by the National Board for Professional Teaching Standards, or other equivalently rigorous, performance-based, peer-reviewed certification, as a high-performing teacher. (2) Overall corps membership requirements An eligible entity receiving a grant under this subpart shall ensure that— (A) not more than 5 percent of the STEM teachers who teach in the participating area are members of the Corps; (B) not less than 75 percent of the STEM Master Teacher Corps members are teachers at high-need schools; (C) the proportion of STEM Master Teacher Corps members in the participating area who teach at rural high-need schools is not less than the proportion of all teachers who teach at rural high-need schools in the participating area; (D) there are multiple cohorts of STEM Master Teacher Corps members; and (E) the STEM Master Teacher Corps includes teachers from each of science, technology, engineering, and mathematics, if teachers from each of these disciplines meeting the standards of Corps membership are available in the participating area and may include teachers of career and technical education. (3) Participation of private school teachers An eligible entity may select STEM teachers who teach at private schools in the participating area to be members of the STEM Master Teacher Corps, except that— (A) not more than 5 percent of teachers selected as STEM Master Teacher Corps members shall be teachers at private schools; and (B) private school teachers shall not be eligible for compensation described in subsection (a)(2), discretionary resource funds described in subsection (a)(4), or for defrayment funds described in subsection (a)(7). (c) Corps member requirements Each teacher selected to be a member of the STEM Master Teacher Corps who wishes to join the Corps shall enter into an agreement with the eligible entity, under which the teacher shall, as a condition of receiving the compensation described in subsection (a)(2) and the discretionary resources described in subsection (a)(4), agree to carry out the responsibilities of a master teacher as required by the eligible entity, including— (1) participating in professional development activities offered by the program; (2) networking and sharing best practices and educational resources with other members of the STEM Master Teacher Corps; and (3) contributing to the professional development of the teacher's colleagues, which may include providing school-based professional support to other STEM teachers through regular weekly professional development sessions and individual coaching, where possible, leading professional learning communities, and taking on other instructional leadership roles in the teacher's school, district, State, if part of the participating area, or consortium. (d) Collection for Noncompliance (1) Monitoring compliance Each eligible entity that receives a grant under this subpart shall monitor whether each teacher the entity selects to be a member of the STEM Master Teacher Corps is in compliance with the Corps member requirements described in subsection (c). (2) Collection of repayment (A) In general A teacher selected to be a member of the STEM Master Teacher Corps shall repay the additional compensation provided for a school year described in subsection (a)(2) to the eligible entity if— (i) the entity finds the teacher not in compliance with the Corps member requirements described in subsection (c) and the entity determines the teacher should no longer be a member of the Corps for such year; or (ii) the teacher withdraws during such year from membership in the Corps without an accepted excuse, as determined by the eligible entity. (B) Compensation returned to the Treasury (i) In general Except as provided in clause (ii), an eligible entity that receives repaid compensation under subparagraph (A) shall return such compensation to the United States Treasury. (ii) Administrative costs An eligible entity that receives repaid compensation under subparagraph (A) may retain a percentage, determined by the Secretary, of such repayment to defray administrative costs associated with the collection. 4226. Performance metrics; report (a) Establishment of performance metrics The Secretary, acting through the Director of the Institute of Education Sciences, shall establish performance metrics to evaluate the effectiveness of the activities carried out under this subpart. (b) Annual report Each eligible entity that receives a grant under this subpart shall prepare and submit an annual report to the Secretary, which shall include information relevant to the performance metrics described in subsection (a). 4227. Supplement not supplant Funds received under this subpart shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this subpart. 4228. Evaluation From the amount reserved in accordance with section 9601, the Secretary shall— (1) acting through the Director of the Institute of Education Sciences, and in consultation with the Director of the National Science Foundation— (A) evaluate the implementation and impact of the activities supported under this subpart, with regard to the program's success in achieving the purpose described in section 4221; (B) identify optimal strategies for the design, implementation, and continuing development of the STEM Master Teacher Corps program; and (C) identify best practices for developing, supporting, and retaining STEM teachers based on lessons learned from the STEM Master Teacher Corps program; and (2) disseminate findings from the evaluation conducted under paragraph (1) to the STEM education field and make the findings publicly available. . 4104. Increasing access to a well-rounded education Title IV ( 20 U.S.C. 7101 et seq. C Increasing access to a well-rounded education and financial literacy 1 Increasing access to a well-rounded education 4301. Purpose The purpose of this subpart is to improve the academic achievement of low-income students by giving students increased access to high-quality instruction for a well-rounded education. 4302. Definitions In this subpart: (1) Covered subjects The term covered subjects (A) Arts. (B) Civics and government. (C) Economics. (D) Environmental education. (E) Financial literacy. (F) Foreign languages. (G) Geography. (H) Health education. (I) History. (J) Music. (K) Physical education. (L) Social studies. (2) Eligible entity The term eligible entity (A) a nonprofit organization with a demonstrated record of success in improving student achievement in 1 or more covered subjects; (B) an institution of higher education; (C) a local educational agency; (D) an educational service agency; or (E) 1 or more other State educational agencies. (3) Eligible subgrantee The term eligible subgrantee (A) a high-need local educational agency; (B) an educational service agency serving more than 1 high-need local educational agency; or (C) a consortium of high-need local educational agencies. (4) Low-income student The term low-income student (A) from a family with an income below the poverty line; or (B) who is eligible for free or reduced-price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. 4303. Grant program (a) Grants to eligible entities From amounts appropriated to carry out this subpart for a fiscal year, and not reserved in accordance with section 9601, the Secretary shall make grants to eligible entities to enable the eligible entities to carry out the activities described in subsection (e). (b) Duration A grant under this section shall be for a period of not more than 5 years. (c) Payments (1) Contingent Payments After the third year of a grant under this section, the Secretary shall make continued funding under the grant contingent upon the eligible entity's progress toward reaching the goals established under the metrics described in subsection (h)(1). (2) Formula (A) Distribution Trigger (i) Amount to Trigger Formula If the amount of funds appropriated to carry out this subpart for a fiscal year equals or exceeds $500,000,000, then the Secretary shall award grants to eligible entities based on the formula described under subparagraph (B). (ii) Amount to Trigger Competitive Grant Process If the funds appropriated to carry out this subpart for a fiscal year are less than $500,000,000, then the Secretary shall award grants to eligible entities on a competitive basis. (B) Formula From funds made available to carry out this subpart for a fiscal year, and not reserved in accordance with section 9601, the Secretary shall allot to each eligible entity having an application approved under subparagraph (C)— (i) an amount that bears the same relationship to 80 percent of the remainder as the number of individuals ages 5 through 17 from families with incomes below the poverty line, in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all States that have an application approved under such subparagraph; and (ii) an amount that bears the same relationship to 20 percent of the remainder as the number of individuals ages 5 to 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all States that have an application approved under such subparagraph. (C) Exceptions (i) Minimum Grant Amount Subject to clause (ii), no State receiving an allotment under subparagraph (B) may receive less than 1 percent of the total amount allotted under such subparagraph. (ii) Puerto Rico The percentage of the amount allotted under subparagraph (B) that is allotted to the Commonwealth of Puerto Rico for a fiscal year may not exceed the amount under clause (i). (D) Peer Review Requirements The Secretary shall establish a peer review process to ensure that applications submitted for formula funding, as described in subparagraph (B), are of high quality and meet the requirements and purposes of this subpart. (d) Application (1) In general Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Contents The application shall, at a minimum— (A) describe the needs identified by the eligible entity, based on the eligible entity's analysis of— (i) student access to, and quality of instruction in, covered subjects, including a comparison of such access and quality between low-income and non-low-income students in the State served by the eligible entity; (ii) the capacity of high-need local educational agencies in such State to deliver high-quality instruction in covered subjects, including an analysis of instructional supports, curricula, professional growth and improvement systems, and teacher qualifications, effectiveness, knowledge, and skills; (iii) the capacity of the eligible entity to provide local educational agencies with the support, including professional development and technical assistance, needed to deliver high-quality instruction and develop curricula in covered subjects; and (iv) standards, assessments, curricula, accommodations, and other supports used in such State in covered subjects; (B) identify the covered subjects that the eligible entity will address through the activities described in subsection (e), consistent with the needs identified in subparagraph (A); (C) describe, in a manner that addresses the needs identified in subparagraph (A)— (i) how access to high-quality courses in the subjects identified in subparagraph (B) will be increased for low-income students in such State; (ii) how the knowledge and skills of teachers will be evaluated and improved so that such teachers will deliver high-quality instruction in such subjects; (iii) how the eligible entity will provide assistance to high-need local educational agencies to improve student access to, and achievement in, the subjects identified in subparagraph (B), including through principal training; and (iv) how the eligible entity will ensure that all activities funded through a grant awarded under this section are evidence-based; (D) describe how activities funded through a grant awarded under this section will be aligned with other Federal, State, and local funding, programs, and strategies, as appropriate; and (E) if applicable, describe the eligible entity's plan for disbursing funds to eligible subgrantees to implement the activities described in subsection (e). (3) Competitive priority If grants are awarded competitively, consistent with subsection (c)(2)(A)(ii), the Secretary shall give priority to applications from eligible entities that— (A) include in the application a plan to implement an interdisciplinary approach, by integrating instruction in 1 or more covered subjects with reading, English, language arts, science, or mathematics instruction; and (B) include in the application a plan to provide expanded learning time in the schools served by eligible subgrantees, in order to increase access to covered subjects. (e) Authorized Activities (1) In General Each eligible entity that receives a grant under this section shall use the grant funds to increase access for low-income students, including students who are English learners and students who are children with disabilities, to high-quality instruction in at least 1 of the covered subjects by carrying out 1 or more of the following activities: (A) Improving the knowledge and skills of teachers through professional growth and improvement systems, and other instructional supports. (B) Building local capacity to develop and implement, high-quality curricula, instructional supports, and assessments that are aligned with the State college and career ready academic content and achievement standards, consistent with section 1111(a)(1), in such subjects. (2) Special Rule Each eligible entity that receives a grant under this section shall use grant funds to meet the needs identified in subsection (d)(2)(A) and the Secretary shall not require any eligible entity to address a specific subject or to address all covered subjects. (3) State Administration Each eligible entity that receives a grant under this section may reserve not more than 4 percent of grant funds for administration costs of the grant. (f) Subgrants (1) In General Each eligible entity that receives a grant under this section may, in accordance with paragraph (2), award subgrants, on a competitive basis, to eligible subgrantees to enable such eligible subgrantees to carry out the activities described in subsection (e). (2) Minimum Grant Each subgrant under this subsection shall be of sufficient size and scope to support a high-quality, effective program that is consistent with the purpose of this subpart. (g) Evaluation From the amount reserved in accordance with section 9601, the Secretary shall— (1) acting through the Director of the Institute of Education Sciences— (A) evaluate, in consultation with the relevant program office at the Department of Education, the implementation and impact of the activities supported under this section, including progress as measured by the metrics established under subsection (h)(1); and (B) identify best practices to improve instruction in covered subjects; and (2) disseminate research on best practices to improve instruction in covered subjects. (h) Accountability (1) Performance metrics The Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, establish performance metrics to evaluate the outcomes of grant projects that are assisted under this subpart. (2) Annual Reports Each eligible entity that receives a grant under this section shall prepare and submit an annual report to the Secretary, which shall include information about the performance metrics described in paragraph (1). (i) Supplement not Supplant An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplement such funds. (j) Maintenance of Effort A State that receives assistance under this subpart shall maintain the fiscal effort provided by the State for the subjects supported by a grant under this subpart at a level equal to or greater than the level of such fiscal effort for the preceding fiscal year. 2 Financial literacy education 4311. Short title This subpart may be cited as the Financial Literacy for Students Act 4312. Statewide incentive grants for financial literacy education (a) Grants Authorized From amounts made available under this subpart, the Secretary may award grants to State educational agencies to enable State educational agencies, on a statewide basis— (1) to integrate financial literacy education into each public elementary school and public secondary school within the State that is eligible to receive funds under title I; and (2) to provide professional development regarding the teaching of financial literacy in core academic subjects to each secondary school teacher of financial literacy or entrepreneurship within the State. (b) Permissible uses of funds In carrying out the grant activities described in subsection (a), the State educational agency may use grant funds to— (1) implement school-based financial literacy activities, including after school activities; (2) enhance student understanding and experiential learning with consumer, economic, entrepreneurship, and personal finance concepts; and (3) promote partnerships with community-based organizations, financial institutions, local businesses, entrepreneurs, or other organizations providing financial literacy activities. (c) Limitation on uses of funds A State educational agency receiving grant funds under this section shall not use more than 20 percent of such grant funds to carry out the following: (1) Teacher professional development programs to embed financial literacy or personal finance or entrepreneurship education into core academic subjects. (2) Curriculum development. (3) An evaluation of the impact of financial literacy or personal finance education on students' understanding of financial literacy concepts. (d) Matching funds A State educational agency that receives a grant under this section shall provide matching funds, from non-Federal sources, in an amount equal to 25 percent of the amount of grant funds provided to the State to carry out the activities supported by the grant. . 4105. Successful, safe, and healthy students Title IV ( 20 U.S.C. 7101 et seq. D Successful, safe, and healthy students 4401. Purpose The purpose of this part is to assist States and local educational agencies in developing and implementing comprehensive programs and strategies to foster positive conditions for learning in public schools, in order to increase academic achievement for all students through the provision of Federal assistance to States for the— (1) promotion of student physical health and well-being, nutrition, and fitness; (2) promotion of student mental health and well-being; (3) prevention of school violence, harassment, and substance abuse among students; and (4) promotion of safe and supportive schools. 4402. Definitions In this part: (1) Child and adolescent psychiatrist The term child and adolescent psychiatrist (A) possesses State medical licensure; and (B) has completed residency training programs in both general psychiatry and child and adolescent psychiatry. (2) Conditions for learning The term conditions for learning (A) advance student achievement and positive child and youth development by proactively supporting schools; (B) are applied in and around the school building, on pathways to and from the school and students' homes, at school-sponsored activities, and through electronic and social media involving students or school personnel; (C) promote physical, mental, and emotional health; (D) ensure physical and emotional safety for students and staff; (E) promote social, emotional, and character development; and (F) have the following attributes: (i) Provide opportunities for physical activity, good nutrition, and healthy living. (ii) Prevent the use and abuse of drugs. (iii) ensure that the school environments described in subparagraph (B) are— (I) free of weapons; and (II) free of harassment, abuse, dating violence, and all other forms of interpersonal aggression or violence. (iv) Do not condone or tolerate unhealthy or harmful behaviors, including discrimination of any kind. (v) Help staff and students to model positive social and emotional skills, including tolerance and respect for others. (vi) Promote concern for the well-being of students, including through the presence of caring adults. (vii) Ensure that the adults employed by the school— (I) have high expectations for student conduct, character, and academic achievement and the capacity to establish supportive relationships with students; and (II) are provided specialized training specific to the students’ stages of development. (viii) Engage families and community members with the school in meaningful and sustained ways, such as through case management services, to promote positive student academic achievement, developmental, and social growth, including non-cognitive skill development. (ix) To the extent practicable, provide access to school nurses, school counselors, and school social workers for the promotion of student physical health, mental health, and well-being. (3) Controlled substance The term controlled substance 21 U.S.C. 812(c) (4) Drug The term drug (A) a controlled substance; (B) with respect to alcohol and tobacco, the illegal use of such substances; and (C) with respect to inhalants and anabolic steroids, the harmful, abusive, or addictive use of such substances. (5) Drug and violence prevention The term drug and violence prevention (A) with respect to drugs, prevention, early intervention, rehabilitation referral, or education related to the abuse and illegal use of drugs, in order to— (i) raise awareness about the costs and consequences of drug use and abuse; (ii) change attitudes, perceptions, and social norms about the dangers and acceptability of alcohol, tobacco, and drugs; and (iii) reduce access to and use of alcohol, tobacco, and drugs; and (B) with respect to violence, the promotion of school safety in and around the school building, on pathways to and from the school and students' homes, at school-sponsored activities, and through electronic and social media involving students or school personnel, through the creation and maintenance of a school environment that— (i) is free of— (I) weapons; (II) violent and disruptive acts; (III) harassment; (IV) sexual harassment, dating violence, and abuse; and (V) victimization associated with prejudice and intolerance; (ii) fosters individual responsibility and respect for the rights and dignity of others; (iii) employs positive, preventative approaches to school discipline, such as schoolwide positive behavior supports and interventions and restorative justice, that improve student engagement while minimizing students’ removal from instruction and reducing the frequency of discipline infractions and disparities among the subgroups of students described in section 1116(b)(1)(B); and (iv) demonstrates preparedness and readiness to respond to, and recover from, incidents of school violence. (6) Eligible local applicant The term eligible local applicant (A) a local educational agency; (B) a consortium of local educational agencies; or (C) a nonprofit organization that has a track record of success in implementing the activities proposed in the grant application and has signed a memorandum of understanding with a local educational agency or consortium of local educational agencies that the organization will, upon receipt of a subgrant under this part— (i) implement school-based activities and programs described in section 4404(i)(1)(A)(iii) in 1 or more schools served by the local educational agency or consortium; and (ii) conduct school-level measurement of conditions for learning that are consistent with the State's conditions for learning measurement system under section 4404(h). (7) Harassment The term harassment (A) is sufficiently severe, persistent, or pervasive to limit or interfere with a student's ability to participate in or benefit from a program or activity of a public school or educational agency, including acts of verbal, nonverbal, or physical aggression, intimidation, or hostility, and communications made available through electronic means; and (B) is based on— (i) a student's actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion; (ii) the actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion of a person with whom a student associates or has associated; or (iii) any other distinguishing characteristics that may be enumerated by a State or local educational agency. (8) Other qualified psychologist The term other qualified psychologist (A) is licensed in psychology by the State in which the individual works; and (B) practices in the scope of the individual's education, training, and experience with children in school settings. (9) Physical education indicators The term physical education indicators (A) for the State, for each local educational agency in the State, and for each elementary school and secondary school in the State, the average number of minutes per week (averaged over the school year) that all students spend in required physical education, and the average number of minutes per week (averaged over the school year) that all students engage in moderate to vigorous physical activity, as measured against established recommended guidelines of the Centers for Disease Control and Prevention and the Department of Health and Human Services; (B) for the State, the percentage of local educational agencies that have a required, age-appropriate physical education curriculum that adheres to Centers for Disease Control and Prevention guidelines and State standards; (C) for the State, for each local educational agency in the State, and for each elementary school and secondary school in the State, the percentage of elementary school and secondary school physical education teachers who are licensed or certified in the State to teach physical education; (D) for the State, and for each local educational agency in the State, the percentage of elementary schools and secondary schools that have a physical education teacher who is certified or licensed to teach physical education and adapted physical education in the State; (E) for each school in the State, the number of indoor square feet and the number of outdoor square feet used primarily for physical education; and (F) for the State, the percentage of local educational agencies that have a school wellness council that— (i) includes members appointed by the local educational agency superintendent; (ii) may include parents, students, representatives of the school food authority, representatives of the school board, school administrators, school nurses, and members of the public; and (iii) meets regularly to promote a healthy school environment. (10) Prescription drug The term prescription drug (11) Programs to promote mental health The term programs to promote mental health (A) develop students’ social and emotional competencies; (B) link students with local mental health systems by— (i) enhancing, improving, or developing collaborative efforts between school-based service systems and mental health service systems to provide, enhance, or improve prevention, diagnosis, and treatment services to students, and to improve student social and emotional competencies; (ii) enhancing the availability of— (I) crisis intervention services; (II) appropriate referrals for students potentially in need of mental health services, including suicide prevention; and (III) ongoing mental health services; and (iii) providing services that establish or expand school counseling and mental health programs that— (I) are comprehensive in addressing the counseling, social, emotional, behavioral, mental health, and educational needs of all students; (II) use a developmental, preventive approach to counseling and mental health services; (III) are linguistically appropriate and culturally responsive; (IV) increase the range, availability, quantity, and quality of counseling and mental health services in the elementary schools and secondary schools of the local educational agency; (V) expand counseling and mental health services through— (aa) school counselors, school social workers, school psychologists, other qualified psychologists, child and adolescent psychiatrists, or other qualified health or mental health professionals, such as school nurses; and (bb) school-based mental health services partnership programs; (VI) use innovative approaches to— (aa) increase children's understanding of peer and family relationships, work and self, decisionmaking, or academic and career planning; or (bb) improve peer interaction; (VII) provide counseling and mental health services in settings that meet the range of student needs; (VIII) include professional development appropriate to the activities covered in this paragraph for teachers, school leaders, instructional staff, and appropriate school personnel, including training in appropriate identification and early intervention techniques by school counselors, school social workers, school psychologists, other qualified psychologists, child and adolescent psychiatrists, or other qualified health professionals, such as school nurses; (IX) ensure a team approach to school counseling and mental health services in the schools served by the local educational agency; (X) demonstrate that the local educational agency is working toward— (aa) a 1:250 ratio of school counselors to students, as recommended by the American School Counselor Association; (bb) a 1:250 ratio of school social workers to students, as recommended by the School Social Work Association of America; (cc) a 1:700 ratio of school psychologists to students, as recommended by the National Association of School Psychologists; and (dd) a 1:750 ratio of school nurses to students in the general population, a 1:225 ratio for students requiring daily professional school nursing services, and a 1:125 ratio for students with complex needs, as recommended by the National Association of School Nurses; and (XI) ensure that school counselors, school psychologists, other qualified psychologists, school social workers, or child and adolescent psychiatrists paid from funds made available under the programs spend a majority of their time counseling or providing mental health services to students or in other activities directly related to counseling or providing such services; (C) provide training for the school personnel, health professionals (such as school nurses), and mental health professionals who will participate in the programs; and (D) provide technical assistance and consultation to school systems, mental health agencies, and families participating in the programs. (12) Programs to promote physical activity, education, and fitness, and nutrition The term programs to promote physical activity, education, and fitness, and nutrition (A) increase and enable active student participation in physical well-being activities and provide teacher and school leader professional development to encourage and increase such participation; (B) are comprehensive in nature; (C) include opportunities for professional development for teachers of physical education to stay abreast of the latest research, issues, and trends in the field of physical education; and (D) include 1 or more of the following activities: (i) Fitness education and assessment to help students understand, improve, or maintain their physical well-being. (ii) Instruction in a variety of motor skills and physical activities designed to enhance the physical, mental, social, and emotional development of every student. (iii) Development of, and instruction in, cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle. (iv) Opportunities to develop positive social and cooperative skills through physical activity. (v) Instruction in healthy eating habits and good nutrition. (13) School-based mental health services partnership program The term school-based mental health services partnership program (A) includes a public or private mental health entity or health care entity and may include a child welfare agency, family-based mental health entity, family organization, trauma network, or other community-based entity; (B) provides comprehensive school-based mental health services and supports; (C) provides comprehensive staff development for school and community service personnel working in the school; (D) includes the early identification of social, emotional, or behavioral problems, or substance use disorders, and the provision of early intervening services; (E) provides for the treatment or referral for treatment of students with social, emotional, or behavioral health problems, or substance use disorders; (F) includes the development and implementation of programs to assist children in dealing with trauma and violence; (G) includes the development of mechanisms, based on best practices, for children to report incidents of violence or plans by other children or adults to commit violence; (H) is based on trauma-informed and evidence-based practices; (I) is coordinated, where appropriate, with early intervening services carried out under the Individuals with Disabilities Education Act; and (J) is provided by qualified mental and behavioral health professionals who are certified or licensed by the State involved and practicing within their area of expertise. (14) School counselor The term school counselor (A) is licensed by the State or certified by an independent professional regulatory authority; (B) in the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or (C) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent. (15) School health indicators The term school health indicators (16) School nurse The term school nurse (17) School psychologist The term school psychologist (A) has completed a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours are in the school setting; (B) is licensed or certified in school psychology by the State in which the individual works; or (C) in the absence of such State licensure or certification, possesses national certification by the National School Psychology Certification Board. (18) School social worker The term school social worker (A) holds a master's degree in social work from a program accredited by the Council on Social Work Education; and (B) (i) is licensed or certified by the State in which services are provided; or (ii) in the absence of such State licensure or certification, possesses a national credential or certification as a school social work specialist granted by an independent professional organization. 4403. Allocation of funds From amounts made available to carry out this part, the Secretary shall allocate— (1) in each year for which funding is made available to carry out this part, not more than 2 percent of such amounts for technical assistance and evaluation; (2) for the first 3 years for which funding is made available to carry out this part— (A) except as provided in subparagraph (B)— (i) not more than 30 percent of such amounts or $30,000,000, whichever amount is more, for State conditions for learning measurement systems grants, distributed to every State (by an application process consistent with section 4404(d)) in an amount proportional to each State’s share of funding under part A of title I, to develop or improve the State’s conditions for learning measurement system described in section 4404(h), and to conduct a needs analysis to meet the requirements of section 4404(d)(2)(D); and (ii) not more than 68 percent of such amounts for Successful, Safe, and Healthy Students State Grants under section 4404; and (B) for any fiscal year for which the amount remaining available after funds are reserved under paragraph (1) is less than $30,000,000, all of such remainder for the State conditions for learning measurement systems grants described in subparagraph (A)(i); and (3) for the fourth year and each subsequent year for which funding is made available to carry out this part, not less than 98 percent of such amounts for Successful, Safe, and Healthy Students State Grants under section 4404. 4404. Successful, safe, and healthy students State grants (a) Purpose The purpose of this section is to provide funding to eligible States to implement comprehensive programs that— (1) address conditions for learning in schools in the State; and (2) are based on— (A) scientifically valid research; and (B) an analysis of need that considers, at a minimum, the indicators in the State's conditions for learning measurement system described in subsection (h). (b) State grants (1) In general From amounts allocated under section 4403 for Successful, Safe, and Healthy Students State Grants, the Secretary shall award grants to eligible States to carry out the purpose of this section. (2) Awards to States (A) Formula grants Except as provided in subparagraph (B), if the total amount allocated under section 4403 for Successful, Safe, and Healthy Students State Grants for a fiscal year is $500,000,000 or greater, the Secretary shall allot to each State that meets the eligibility requirements of subsection (c) with an approved application an amount that bears the same relationship to such total amount as the amount received under part A of title I by such eligible State for the preceding fiscal year bears to the amount received under such part for the preceding fiscal year by all eligible States. (B) Minimum State allotment (i) In general No State receiving an allotment under subparagraph (A) may receive less than one-half of 1 percent of the total amount allotted under such subparagraph. (ii) Puerto Rico The amount allotted under subparagraph (A) to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-half of 1 percent of the total amount allotted under such subparagraph for such fiscal year. (C) Competitive grants (i) In general If the total amount allocated under section 4403 for Successful, Safe, and Healthy Students State Grants for a fiscal year is less than $500,000,000, the Secretary shall award grants under this section to States that meet the eligibility requirements of subsection (c) on a competitive basis. (ii) Sufficient size and scope In awarding grants on a competitive basis pursuant to clause (i), the Secretary shall ensure that grant awards are of sufficient size and scope to carry out required and approved activities under this section. (c) Eligibility To be eligible to receive a grant under this section, a State shall demonstrate to the Secretary that the State has— (1) established a statewide physical education requirement that is consistent with widely recognized standards; and (2) required all local educational agencies in the State to— (A) establish policies that prevent and prohibit harassment in schools; and (B) provide— (i) annual notice to parents, students, and educational professionals describing the full range of prohibited conduct contained in such local educational agency's discipline policies; and (ii) grievance procedures for students or parents to register complaints regarding the prohibited conduct contained in such local educational agency's discipline policies, including— (I) the name of the local educational agency official who is designated as responsible for receiving such complaints; and (II) timelines that the local educational agency will follow in the resolution of such complaints. (d) Applications (1) In general A State that desires to receive a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. (2) Content of application At a minimum, the application shall include— (A) documentation of the State’s eligibility to receive a grant under this section, as described in subsection (c); (B) an assurance that the policies used to prohibit harassment in schools that are required under subsection (c)(2)(A) emphasize alternatives to school suspension that minimize students’ removal from grade-level instruction, promote mental health, and only allow out-of-school punishments in severe or persistent cases; (C) a plan for improving conditions for learning in schools in the State in a manner consistent with the requirements of this part that may be a part of a broader statewide child and youth plan, if such a plan exists and is consistent with the requirements of this part; (D) a needs analysis of the conditions for learning in schools in the State, which— (i) shall include a description of, and data measuring, the State's conditions for learning; and (ii) may be a part of a broader statewide child and youth needs analysis, if such an analysis exists and is consistent with the requirements of this part; (E) a description of how the activities the State proposes to implement with grant funds are responsive to the results of the needs analysis described in subparagraph (D); and (F) a description of how the State will— (i) develop, adopt, adapt, or improve and implement the State’s conditions for learning measurement system and how the State will ensure that all local educational agencies and schools in the State participate in such system; (ii) ensure the quality and validity of the State’s conditions for learning data collection, including the State’s plan for survey administration as required under subsection (h)(2)(A) and for ensuring the reliability and validity of survey instruments; (iii) coordinate the proposed activities with other Federal and State programs, including programs funded under this part, which may include programs to expand learning time and for before- and after-school programming in order to provide sufficient time to carry out activities described in this part; (iv) assist local educational agencies to align activities with funds the agencies receive under the program with other funding sources in order to support a coherent and nonduplicative program; (v) solicit and approve subgrant applications, including how the State will— (I) allocate funds for statewide activities and subgrants for each year of the grant, consistent with allocation requirements under subsection (i)(2); and (II) consider the results of the needs analysis described in subparagraph (D) in the State’s distribution of subgrants; (vi) address the needs of diverse geographic areas in the State, including rural and urban communities; (vii) provide assistance to local educational agencies and schools in their efforts to prevent and appropriately respond to incidents of harassment, including building the capacity of such agencies and schools to educate family and community members regarding the agencies’ and schools’ respective roles in preventing and responding to such incidents; and (viii) provide assistance to local educational agencies and schools in their efforts to implement positive, preventative approaches to school discipline, such as schoolwide positive behavior supports and interventions and restorative justice, that improve student engagement while minimizing students’ removal from instruction and reducing the frequency of discipline infractions and disciplinary disparities among the subgroups of students described in section 1116(b)(2)(B); (ix) provide assistance to local educational agencies and schools in their efforts to increase the provision of physical activity and physical education opportunities during the school day and implement programs to promote physical activity, education, and fitness, and nutrition; and (x) provide assistance to local educational agencies and schools in their efforts to improve access to State-licensed or State-certified school counselors, school psychologists, and school social workers or other State-licensed or State–certified mental health professional qualified under State law to provide mental health services to students in schools. (3) Review process The Secretary shall establish a peer review process to review applications submitted under this subsection. (e) Duration (1) In general A State that receives a grant under this section may receive funding for not more than 5 years in accordance with this subsection. (2) Initial period The Secretary shall award grants under this section for an initial period of not more than 3 years. (3) Grant extension The Secretary may extend a grant awarded to a State under this section for not more than an additional 2 years if the State shows sufficient improvement, as determined by the Secretary, against baseline data for the performance metrics established under subsection (j). (f) Reservation and use of funds A State that receives a grant under this section shall— (1) reserve not more than 10 percent of the grant funds for administration of the program, technical assistance, and the development, improvement, and implementation of the State’s conditions for learning measurement system, as described in subsection (h); and (2) use the remainder of grant funds after making the reservation under paragraph (1) to award subgrants, on a competitive basis, to eligible local applicants. (g) Required State activities A State that receives a grant under this section shall— (1) not later than 1 year after receipt of the grant, develop, adapt, improve, or adopt and implement the statewide conditions for learning measurement system described in subsection (h) (unless the State can demonstrate, to the satisfaction of the Secretary, that an appropriate system has already been implemented) that annually measures the State’s progress in the conditions for learning for every public school in the State; (2) collect information in each year of the grant on the conditions for learning at the school-building level through comprehensive needs assessments of student, school staff, and family perceptions, experiences, and behaviors; (3) collect annual incident data at the school-building level that are accurate and complete; (4) publicly report, at the local educational agency and school level, the data collected in the State’s conditions for learning measurement system, described in subsection (h), each year in a timely and highly accessible manner, and in a manner that does not reveal personally identifiable information; (5) use, on a continuous basis, the results of the data collected in the State's conditions for learning measurement system to— (A) identify and address conditions for learning statewide; (B) help subgrantees identify and address school and student needs; and (C) provide individualized assistance to low-performing schools identified under section 1116 and schools with significant conditions for learning weaknesses; (6) encourage local educational agencies to— (A) integrate physical activity, education, and fitness into a range of subjects throughout the school day and locations within schools; (B) encourage consultation with a variety of stakeholders, including families, students, school officials, and other organizations with wellness and physical activity, education, and fitness expertise; and (C) regularly monitor schools’ efforts in improving wellness and physical activity, education, and fitness understanding and habits among students; (7) encourage local educational agencies to— (A) integrate healthy eating and nutrition education into various times of the school day and locations within schools to encourage consultation with a variety of stakeholders, including families, students, school officials, and other organizations with nutrition education expertise; and (B) regularly monitor schools’ efforts in improving nutrition understanding and healthy eating among students; (8) encourage local educational agencies to implement programs that expand student access to State-licensed or State-certified school counselors, school psychologists, and school social workers or other State-licensed or State-certified mental health professional that are qualified under State law to provide mental health services to students in schools; (9) award subgrants, consistent with subsection (i), to eligible local applicants; and (10) monitor subgrants and provide technical assistance to subgrantees on the implementation of grant activities. (h) Conditions for learning measurement system (1) In general Each State that receives a grant under this part shall establish a State reporting and information system that measures conditions for learning in the State and is part of the State’s system for reporting the data required under section 1111 and part of any State longitudinal data system that links statewide elementary and secondary data systems with early childhood, postsecondary, and workforce data systems. (2) System activities The State reporting and information system described in paragraph (1) shall— (A) contain, at a minimum, data from valid and reliable surveys of students and staff and the indicators in subparagraph (B) that allow staff at the State, local educational agencies, and schools to examine and improve school-level conditions for learning; (B) collect school-level data on— (i) physical education indicators, as applicable; (ii) individual student attendance and truancy; (iii) in-school suspensions, out-of-school suspensions, expulsions, referrals to law enforcement, school-based arrests, and disciplinary transfers (including placements in alternative schools) by student; (iv) the frequency, seriousness, and incidence of violence and drug-related offenses resulting in disciplinary action in elementary schools and secondary schools in the State; (v) the incidence and prevalence, age of onset, perception of and actual health risk, and perception of social disapproval of drug use and violence, including harassment, by youth and school personnel in schools and communities; (vi) school health indicators, including acute and chronic physical, mental, and emotional health care needs; and (vii) student access to State-licensed or State-certified school counselors, school psychologists, and school social workers or other State-licensed or State-certified mental health professional qualified under State law to provide such services to students in schools, including staff-to-student ratios; (C) collect and report data, including, at a minimum, the data described in clauses (ii), (iii), and (v) of subparagraph (B), in the aggregate and disaggregated by the categories of race, ethnicity, gender, disability status, migrant status, English proficiency, and status as economically disadvantaged, and cross-tabulated across all of such categories by gender and by disability; (D) protect student privacy, consistent with applicable data privacy laws and regulations, including section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (E) to the extent practicable, utilize a web-based reporting system. (3) Compiling statistics In compiling the statistics required to measure conditions for learning in the State— (A) the offenses described in paragraph (2)(B)(iv) shall be defined pursuant to the State’s criminal code, and aligned to the extent practicable, with the Federal Bureau of Investigation’s Uniform Crime Reports categories, but shall not identify victims of crimes or persons accused of crimes; and the collected data shall include incident reports by school officials, anonymous student surveys, and anonymous teacher surveys; (B) the performance metrics that are established under subsection (j) shall be collected and the performance on such metrics shall be defined and reported uniformly statewide; (C) the State shall collect, analyze, and use the data under subparagraph (2)(B) at least annually; and (D) grant recipients and subgrant recipients shall use the data for planning and continuous improvement of activities implemented under this part, and may collect data for indicators that are locally defined, and that are not reported to the State, to meet local needs (so long as such indicators are aligned with the conditions for learning). (i) Subgrants (1) In general (A) Awarding of subgrants A State that receives a grant under this section shall award subgrants, on a competitive basis, to eligible local applicants— (i) based on need as identified by— (I) the State's conditions for learning measurement system described in subsection (h); or (II) in the case of a State for which the learning measurement system described in subsection (h) is not yet implemented, other data determined appropriate by the State; (ii) that are of sufficient size and scope to enable the eligible local applicants to carry out approved activities; and (iii) to implement programs that— (I) are comprehensive in nature; (II) are based on scientifically valid research; (III) are consistent with achieving the conditions for learning for the State; and (IV) address 1 or more of the uses described in clauses (i) through (iii) of paragraph (2)(A). (B) Assistance A State that receives a grant under this section shall provide assistance to subgrant applicants and recipients in the selection of scientifically valid programs and interventions. (C) Partnerships allowed An eligible local applicant may apply for a subgrant under this subsection in partnership with 1 or more community-based organizations. (2) Allocation (A) In general In awarding subgrants under this section, each State shall ensure that, for the aggregate of all subgrants awarded by the State— (i) not less than 20 percent of subgrant funds are used to carry out drug and violence prevention; (ii) not less than 20 percent of subgrant funds are used to carry out programs to promote mental health; and (iii) not less than 20 percent of subgrant funds are used to carry out programs to promote physical activity, education, and fitness, and nutrition. (B) Rule of construction Nothing in this paragraph shall be construed to require States, in making subgrants to eligible local applicants, to require the eligible local applicants to use 20 percent of subgrant funds for each of the uses described in clauses (i) through (iii) of subparagraph (A). (3) Applications An eligible local applicant that desires to receive a subgrant under this subsection shall submit to the State an application at such time, in such manner, and containing such information as the State may require. (4) Priority In awarding subgrants under this subsection, a State shall give priority to applications that— (A) demonstrate the greatest need, according to the results of the State’s conditions for learning surveys described in subsection (h)(2); and (B) propose to serve schools with the highest concentrations of poverty, based on the percentage of students receiving or are eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (5) Activities of subgrant recipients Each recipient of a subgrant under this subsection shall, for the duration of the subgrant— (A) carry out activities— (i) the need for which has been identified— (I) at a minimum, through the State's conditions for learning measurement system described in subsection (h); or (II) in the case of a State that has not yet implemented the learning measurement system described in subsection (h), through the State's needs analysis described in subsection (d)(2)(D); and (ii) that are part of a comprehensive strategy or framework to address such need; and (iii) that include 1 or more of the following: (I) Drug and violence prevention. (II) Programs to promote mental health. (III) Programs to promote physical activity, education, and fitness, and nutrition; (B) ensure that each framework, intervention, or program selected be based on scientifically valid research and be used for the purpose for which such framework, intervention, or program was found to be effective; (C) use school-level data from the State's conditions for learning measurement system described in subsection (h), to inform the implementation and continuous improvement of activities carried out under this part; (D) use data from the statewide conditions for learning measurement system to identify challenges outside of school or off school grounds (including the need for safe passages for students to and from school), and collaborate with 1 or more community-based organization to address such challenges; (E) collect, and report to the State educational agency, data for schools served by the subgrant recipient, in a manner consistent with the State’s conditions for learning measurement system described in subsection (h); (F) establish policies to expand access to quality physical activity opportunities, including local school wellness policies; (G) if the local educational agency to be served through the grant does not have an active school wellness council consistent with the requirements of the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. (H) engage family members and community-based organizations in the development of conditions for learning surveys, and in the planning, implementation, and review of the subgrant recipient’s efforts under this part; (I) consider and accommodate the unique needs of students with disabilities and English learners in implementing activities; and (J) establish policies to expand access to quality counseling and mental health programs and services. (j) Accountability (1) Establishment of performance metrics The Secretary, acting through the Director of the Institute of Education Sciences, shall establish program performance metrics to measure the effectiveness of the activities carried out under this part. (2) Annual report Each State that receives a grant under this part shall prepare and submit an annual report to the Secretary, which shall include information relevant to the conditions for learning, including progress toward meeting outcomes for the metrics established under paragraph (1). (k) Evaluation From the amount reserved in accordance with section 9601, the Secretary, acting through the Director of the Institute of Education Sciences, shall conduct an evaluation of the impact of the practices funded or disseminated under this section. 4405. Technical assistance From the amount allocated under section 4403(3), the Secretary shall provide technical assistance to applicants, recipients, and subgrant recipients of the programs funded under this part. 4406. Prohibited uses of funds No funds appropriated under this part may be used to pay for— (1) school resource officer or other security personnel salaries, metal detectors, security cameras, or other security-related salaries, equipment, or expenses; (2) drug testing programs; or (3) the development, establishment, implementation, or enforcement of zero-tolerance discipline policies, other than those expressly required under the Gun-Free Schools Act ( 20 U.S.C. 7151 et seq. 4407. Federal and State nondiscrimination laws Nothing in this part shall be construed to invalidate or limit nondiscrimination principles or rights, remedies, procedures, or legal standards available to victims of discrimination under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. 20 U.S.C. 1681 et seq. 42 U.S.C. 12101 et seq. 42 U.S.C. 2000d et seq. 20 U.S.C. 1681 et seq. 29 U.S.C. 794 . 4106. Student non-discrimination Title IV ( 20 U.S.C. 7101 et seq. E Student Non-Discrimination 4501. Short title This part may be cited as the Student Non-Discrimination Act of 2013 4502. Findings and purposes (a) Findings The Congress finds the following: (1) Public school students who are lesbian, gay, bisexual, or transgender (referred to in this part as LGBT (2) While discrimination of any kind is harmful to students and to the education system, actions that target students based on sexual orientation or gender identity represent a distinct and severe problem that remains inadequately addressed by current Federal law. (3) Numerous social science studies demonstrate that discrimination at school has contributed to high rates of absenteeism, academic underachievement, dropping out, and adverse physical and mental health consequences among LGBT youth. (4) When left unchecked, discrimination in schools based on sexual orientation or gender identity can lead, and has led, to life-threatening violence and to suicide. (5) Public school students enjoy a variety of constitutional rights, including rights to equal protection, privacy, and free expression, which are infringed when school officials engage in or fail to take prompt and effective action to stop discrimination on the basis of sexual orientation or gender identity. (6) Provisions of Federal statutory law expressly prohibit discrimination on the basis of race, color, sex, religion, disability, and national origin. The Department of Education and the Department of Justice, as well as numerous courts, have correctly interpreted the prohibitions on sex discrimination to include discrimination based on sex stereotypes and gender identity, even when that sex-based discrimination coincides or overlaps with discrimination based on sexual orientation. However, the absence of express Federal law prohibitions on discrimination on the basis of sexual orientation and gender identity has created unnecessary uncertainty that risks limiting access to legal remedies under Federal law for LGBT students and their parents. (b) Purposes The purposes of this part are— (1) to ensure that all students have access to public education in a safe environment free from discrimination, including harassment, bullying, intimidation, and violence, on the basis of sexual orientation or gender identity; (2) to provide a comprehensive Federal prohibition of discrimination in public schools based on actual or perceived sexual orientation or gender identity; (3) to provide meaningful and effective remedies for discrimination in public schools based on actual or perceived sexual orientation or gender identity; (4) to invoke congressional powers, including the power to enforce the 14th Amendment to the Constitution and to provide for the general welfare pursuant to section 8 of article I of the Constitution and the power to make all laws necessary and proper for the execution of the foregoing powers pursuant to section 8 of article I of the Constitution, in order to prohibit discrimination in public schools on the basis of sexual orientation or gender identity; and (5) to allow the Department of Education and the Department of Justice to effectively combat discrimination based on sexual orientation and gender identity in public schools, through regulation and enforcement, as the Departments have issued regulations under and enforced title IX of the Education Amendments of 1972 and other nondiscrimination laws in a manner that effectively addresses discrimination. 4503. Definitions and rule (a) Definitions For purposes of this part: (1) Educational agency The term educational agency (2) Gender identity The term gender identity (3) Harassment The term harassment (A) a student’s actual or perceived sexual orientation or gender identity; or (B) the actual or perceived sexual orientation or gender identity of a person with whom a student associates or has associated. (4) Program or activity The terms program or activity program 42 U.S.C. 2000d–4a (5) Public school The term public school (6) Sexual orientation The term sexual orientation (7) Student The term student (b) Rule Consistent with Federal law, in this part the term includes includes but is not limited to 4504. Prohibition against discrimination (a) In general No student shall, on the basis of actual or perceived sexual orientation or gender identity of such individual or of a person with whom the student associates or has associated, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity if any part of the program or activity receives Federal financial assistance. (b) Harassment For purposes of this part, discrimination includes harassment of a student on the basis of actual or perceived sexual orientation or gender identity of such student or of a person with whom the student associates or has associated. (c) Retaliation prohibited (1) Prohibition No person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination, retaliation, or reprisal under any program or activity receiving Federal financial assistance based on the person's opposition to conduct made unlawful by this part. (2) Definition For purposes of this subsection, opposition to conduct made unlawful by this part (A) opposition to conduct believed to be made unlawful by this part or conduct that could be believed to become unlawful under this part if allowed to continue; (B) any formal or informal report, whether oral or written, to any governmental entity, including public schools and educational agencies and employees of the public schools or educational agencies, regarding conduct made unlawful by this part, conduct believed to be made unlawful by this part, or conduct that could be believed to become unlawful under this part if allowed to continue; (C) participation in any investigation, proceeding, or hearing related to conduct made unlawful by this part, conduct believed to be made unlawful by this part, or conduct that could be believed to become unlawful under this part if allowed to continue; and (D) assistance or encouragement provided to any other person in the exercise or enjoyment of any right granted or protected by this part, if in the course of that opposition to conduct made unlawful by this part, the person involved does not purposefully provide information known to be materially false to any public school or educational agency or other governmental entity regarding conduct made unlawful by this part, or conduct believed to be made unlawful by this part, or conduct that could be believed to become unlawful under this part if allowed to continue. 4505. Federal administrative enforcement; report to congressional committees (a) Requirements Each Federal department and agency which is empowered to extend Federal financial assistance to any education program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 4504 with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. (b) Enforcement Compliance with any requirement adopted pursuant to this section may be effected— (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made, and shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found; or (2) by any other means authorized by law, except that no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. (c) Reports In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the Federal department or agency shall file with the committees of the House of Representatives and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until 30 days have elapsed after the filing of such report. 4506. Private cause of action (a) Private cause of action Subject to subsection (c), and consistent with the cause of action recognized under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), and their implementing regulations, an aggrieved person may bring an action in a court of competent jurisdiction, asserting a violation of this part or the requirements adopted to effectuate this part. Aggrieved persons may be awarded all appropriate relief, including equitable relief, compensatory damages, and costs of the action. (b) Rule of construction This section shall not be construed to preclude an aggrieved person from obtaining remedies under any other provision of law or to require such person to exhaust any administrative complaint process or notice of claim requirement before seeking redress under this section. (c) Statute of limitations For actions brought pursuant to this section, the statute of limitations period shall be determined in accordance with section 1658(a) of title 28, United States Code. The tolling of any such limitations period shall be determined in accordance with the law governing actions under section 1979 of the Revised Statutes ( 42 U.S.C. 1983 4507. Cause of action by the attorney general The Attorney General is authorized to institute for or in the name of the United States a civil action for a violation of this part or the requirements adopted to effectuate this part in any appropriate district court of the United States against such parties and for such relief as may be appropriate, including equitable relief and compensatory damages. Whenever a civil action is instituted for a violation of this part, or the requirements adopted to effectuate this part, the Attorney General may intervene in such action upon timely application and shall be entitled to the same relief as if the Attorney General had instituted the action. Nothing in this part shall adversely affect the right of any person to sue or obtain relief in any court for any activity that violates this part, including requirements adopted to effectuate this part. 4508. State immunity (a) State immunity A State shall not be immune under the 11th Amendment to the Constitution from suit in Federal court for a violation of this part or the requirements adopted to effectuate this part. (b) Waiver An educational agency’s, including a State educational agency’s, receipt or use of Federal financial assistance shall constitute a waiver of sovereign immunity, under the 11th Amendment or otherwise, to a suit brought by an aggrieved person for a violation of section 4504 or the requirements adopted to effectuate section 4504. (c) Remedies In a suit against a State for a violation of this part, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in the suit against any public or private entity other than a State. 4509. Attorney’s fees Section 722(b) of the Revised Statutes ( 42 U.S.C. 1988(b) the Student Non-Discrimination Act of 2013, Religious Land Use and Institutionalized Persons Act of 2000, 4510. Effect on other laws (a) Federal and State nondiscrimination laws Nothing in this part or the requirements adopted to effectuate this part shall be construed to preempt, invalidate, or limit rights, remedies, procedures, or legal standards available to victims of discrimination or retaliation, under any other Federal law or law of a State or political subdivision of a State, including titles IV and VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000c et seq. 20 U.S.C. 1681 et seq. 29 U.S.C. 794 42 U.S.C. 12101 et seq. 29 U.S.C. 794 42 U.S.C. 12101 et seq. 42 U.S.C. 1983 (b) Free speech and expression laws and religious student groups Nothing in this part shall be construed to alter legal standards regarding, or affect the rights available to individuals or groups under, other Federal laws that establish protections for freedom of speech and expression, such as legal standards and rights available to religious and other student groups under the First Amendment and the Equal Access Act ( 20 U.S.C. 4071 et seq. 4511. Severability If any provision of this part, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this part, and the application of the provision to any other person or circumstance shall not be impacted. 4512. Effective date This part shall take effect 60 days after the date of enactment of the Student Non-Discrimination Act of 2013 and shall not apply to conduct occurring before the effective date of this part. . 4107. 21st Century Community Learning Centers Part F of title IV, as redesignated by section 4103(a) of this Act, is amended— (1) in section 4601, as redesignated by section 4103(a) of this Act— (A) in subsection (a)— (i) in the matter preceding paragraph (1)— (I) by striking to provide to assist States in providing (II) by striking communities eligible entities (ii) in paragraph (1)— (I) by inserting students with before school, after school, or summer learning (II) by striking , particularly students (III) by striking the comma after low-performing schools (iii) in paragraph (2)— (I) by inserting who attend low-performing schools offer students (II) by striking and (iv) by striking paragraph (3) and inserting the following: (3) significantly increase the number of hours in a regular school day, week, or year in order to provide students with additional time for academic work and for additional subjects and enrichment activities that increase student achievement and engagement; and (4) comprehensively redesign and implement an expanded school day, expanded school week, or expanded school year schedule for all students in a high-need school, to provide additional time for— (A) instruction in core academic subjects; (B) instruction in additional subjects and enrichment activities; and (C) teachers and staff to collaborate, plan, and engage in professional development within and across grades and subjects. ; and (B) in subsection (b)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking that— that provides 1 or more of the following: (II) in subparagraph (A)— (aa) by striking assists Before school, after school, or summer learning programs that assist (bb) by striking (such as before and after school or during summer recess) not in session (cc) by striking ; and (III) by striking subparagraph (B) and inserting the following: (B) Expanded learning time programs that significantly increase the total number of hours in a regular school day, week, or year, in order to provide students with the greatest academic needs with— (i) additional time to participate in academic activities that— (I) are aligned with the instruction that such students receive during the regular school day; and (II) are targeted to the academic needs of such students; and (ii) time to engage in enrichment and other activities that complement the academic program and contribute to a well-rounded education, which may include music and the arts, physical education, and experiential and work-based learning opportunities. (C) Expanded learning time initiatives that use an expanded school day, expanded school week, or expanded school year schedule to increase the total number of school hours for the school year at a high-need school by not less than 300 hours and redesign the school's program in a manner that includes additional time— (i) for academic work, and to support innovation in teaching, in order to improve the proficiency of participating students, particularly struggling students, in core academic subjects; (ii) to advance student learning for all students in all grades; (iii) for additional subjects and enrichment activities that contribute to a well-rounded education, which may include music and the arts, physical education, and experiential and work-based learning opportunities; and (iv) for teachers to engage in collaboration and professional planning, within and across grades and subjects. ; (ii) by striking paragraphs (2) and (3) and inserting the following: (2) Eligible Entity (A) In General The term eligible entity (i) 1 or more high-need local educational agencies in partnership with 1 or more public entities or nonprofit organizations with a demonstrated record of success in designing and implementing before school, after school, summer learning, or expanded learning time activities; or (ii) 1 or more public entities or nonprofit organizations with a demonstrated record of success in designing and implementing before school, after school, summer learning, or expanded learning time activities, in partnership with 1 or more high-need local educational agencies. (B) Special Rule A State educational agency shall deem a rural local educational agency applying for a grant under section 4604 without a partnering public or nonprofit entity to be an eligible entity if the rural local educational agency demonstrates that such agency is unable to partner with a public or nonprofit organization in reasonable geographic proximity or of sufficient quality to meet the requirements of this part. ; and (iii) by redesignating paragraph (4) as paragraph (3); (2) in section 4602, as redesignated by section 4103(a) of this Act— (A) in subsection (a)— (i) by striking under section 4206 to carry out this part (ii) by striking paragraph (1); (iii) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (iv) in paragraph (2), as redesignated by clause (iii), by striking Bureau of Indian Affairs Bureau of Indian Education (B) in subsection (b)(1), by striking under section 4206 to carry out this part (C) in subsection (c)— (i) in paragraph (1), by striking 4204 4604 (ii) in paragraph (2)— (I) in subparagraph (B)— (aa) by striking responsible for administering youth development programs and adult learning activities as applicable (bb) by striking 4204(b) 4604(b) (II) by striking the undesignated matter following subparagraph (B) and inserting the following: (C) supervising the awarding of funds to eligible entities (in consultation with the Governor and other State agencies responsible for administering youth development programs and adult learning activities). ; and (iii) in paragraph (3)— (I) in subparagraph (A)— (aa) by inserting comprehensive Monitoring and (bb) by inserting (directly, or through a grant or contract) of the effectiveness evaluation (II) by striking subparagraph (B) and inserting the following: (B) Providing capacity building, training, professional development, and technical assistance under this part to eligible entities, relating to activities such as— (i) coordinating activities carried out under this part with other Federal, State, and local programs so as to implement high-quality programs; and (ii) aligning activities carried out under this part with State academic content standards. ; and (III) by striking subparagraphs (C) and (D); (3) in section 4603(a), as redesignated by section 4103(a) of this Act— (A) in the matter preceding paragraph (1), by striking 4202 4602 (B) in paragraph (3), by striking serve— subparagraph (A) serve students who primarily attend high-need schools and schools that are identified through a State's accountability and improvement system under subsection (b) or (c)(2) of section 1116 (C) in paragraph (4)— (i) by inserting the State's rigorous, high-quality competition for grants under section 4204, including describes (ii) by striking , which shall include standards (D) by striking paragraph (5) and inserting the following: (5) describes how the State educational agency will ensure that awards made under this part are of sufficient size and scope to support high-quality, effective programs that are consistent with the purpose of this part; ; (E) by striking paragraph (7) and inserting the following: (7) describes how the State educational agency will assist eligible entities in coordinating funds received through the grant with other funding streams, in order to support a coherent and sustainable approach to funding and implementing programs and activities under this part and other programs under this Act; ; (F) in paragraph (8)(A), by striking not less than 3 years and not more than 5 years not more than 3 years, and may extend a grant for an additional period of not more than 2 years if the eligible entity is achieving the intended outcomes of the grant (G) in paragraph (10)— (i) by inserting , if any, transportation needs (ii) by striking 4204(b) 4604(b) (H) in paragraph (11), by striking before and after school (or summer school) programs, the heads of the State health and mental health agencies or their designees, before school, after school, summer learning, and expanded learning time programs and initiatives, (I) in paragraph (12), by striking before and after school before school, after school, summer learning, and expanded learning time (J) in paragraph (13)— (i) in the matter preceding subparagraph (A), by inserting , on a regular basis, and not less than every 3 years after the receipt of the grant will evaluate (ii) by striking subparagraph (A) and inserting the following: (A) a description of the benchmarks and performance goals that will be used to hold eligible entities accountable and to determine whether to provide eligible entities receiving a grant under section 4604 with an additional 2-year period of grant funding after the initial 3-year grant; and ; and (iii) in subparagraph (B), by striking and (K) in paragraph (14), by striking the period at the end and inserting ; and (L) by adding at the end the following: (15) contains an assurance that each eligible entity that applies for an award under section 4604 shall have the flexibility to apply for funds to carry out programs described in subparagraph (A), (B), or (C) of section 4601(b)(1). ; (4) in section 4604, as redesignated by section 4103(a) of this Act— (A) in subsection (a), by striking 4202(c)(1) 4602(c)(1) (B) in subsection (b)(2)— (i) by striking subparagraph (A) and inserting the following: (A) a description of the before school, after school, summer learning, or expanded learning time activities to be funded, including— (i) evidence that research-based strategies for student achievement and engagement will be utilized in the program; (ii) as applicable, an explanation of how the program will offer students— (I) academic instruction that is aligned with the academic needs of the students, including English learners and students with disabilities; and (II) engaging enrichment activities that are aligned with the developmental needs and interests of the students, and that contribute to a well-rounded education; (iii) an assurance that the program will take place in a safe learning environment and an easily accessible facility; (iv) if applicable, a description of how students participating in the program will travel safely to and from home; and (v) a description of how the eligible entity will disseminate information about the program to the community in a manner that is understandable and accessible; ; (ii) in subparagraph (B)— (I) by striking activity program (II) by adding at the end and help keep students on a path to make sufficient academic growth (iii) by striking subparagraphs (L) and (M); (iv) by striking subparagraph (E) and inserting the following: (E) as applicable, an explanation of how the program will offer students— (i) academic instruction that is aligned with the academic needs of the students; and (ii) engaging enrichment activities that are aligned with the developmental needs and interests of the students, and that contribute to a well-rounded education; ; (v) in subparagraph (F), by striking schools eligible such students high-need schools and schools that are identified through a State's accountability and improvement system under subsections (b) or (c)(2) of section 1116 (vi) by striking subparagraph (H) and inserting the following: (H) a description of the capacity of the eligible entity partners described in section 4601(b)(2)(A)(ii) to successfully implement the program, including the quality and experience of the management team of such partners; ; (vii) in subparagraph (I)— (I) by striking in the center (II) by striking (including the needs of working families) (viii) by striking subparagraph (J) and inserting the following: (J) a description of the education and training activities that program staff and teachers, as applicable, have received or will receive to effectively administer the proposed program; ; and (ix) by redesignating subparagraph (N) as subparagraph (L); (C) by striking subsections (d) and (h) and redesignating subsections (e) through (g) and (i) as subsections (d) through (f) and (g), respectively; (D) in subsection (f), as redesignated by subparagraph (C), by striking not less than 3 years and not more than 5 years not more than 3 years, and may be extended for an additional period of not more than 2 years, if an eligible entity is achieving the intended outcomes of the grant (E) by striking subsection (g), as redesignated by subparagraph (C), and inserting the following: (g) Priority (1) In General In awarding grants under this part, a State educational agency shall give priority to high-quality applications that— (A) are based on strong research evidence for improving student learning, as measured by student achievement and other measures of student learning and development that are appropriate for, and aligned to, the program’s goals and design; (B) propose to serve the highest percentage of students from low-income families; (C) include a partnership agreement, signed by each partner of the eligible entity, that— (i) shows that the staff of each partner are committed to work collaboratively to implement the proposed activities, including through coordinated planning, collaborative implementation, and joint professional development and training opportunities; (ii) sets clear expectations, including measurable goals for each partner; (iii) requires the collection and reporting of data about the outcomes of programs funded under this part, in order to monitor progress toward achieving such goals and inform implementation; and (iv) specifies how student information will be shared to advance the goals of the proposed program and activities, including student academic achievement and engagement data, as appropriate and in accordance with Federal, State, and local laws; and (D) are submitted by eligible entities that will provide matching funds to carry out the activities supported by the grant, as described in paragraph (2). (2) Matching Funds (A) Amount of Matching Funds In awarding grants under this section, a State educational agency shall give priority to applications from eligible entities that, in addition to meeting the requirements of paragraph (1), provide matching funds in an amount not less than— (i) for the first year of an initial grant under this section, 10 percent of the cost of the activities; (ii) for the second year of such grant, 20 percent of the cost of the activities; (iii) for the third year of such grant, and for the first year of a subsequent grant under this section, 30 percent of the cost of the activities; and (iv) for the second or any succeeding year of such subsequent grant, 40 percent of the cost of the activities. (B) Cash or in-kind The eligible entity may provide the matching funds described in subparagraph (A) in cash or in-kind, fairly evaluated, including plant, equipment, or services, but may not provide more than 50 percent of the matching funds in-kind. (C) Waiver A State educational agency may waive all or part of the matching requirement for priority described in this paragraph, on a case-by-case basis, upon a showing of serious financial hardship. ; and (F) by adding at the end the following: (h) Special rule In implementing 21st Century Community Learning Centers, the Department shall not give priority to, show preference for, or provide direction about whether communities use 21st Century Community Learning Centers funds for eligible entities described in subparagraph (A), (B), or (C) of section 4601(b)(1). ; (5) in section 4605, as redesignated by section 4103(a) of this Act— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking before and after school activities (including during summer recess periods) before school, after school, summer learning, or expanded learning time activities (ii) by redesignating paragraphs (1) through (12) as paragraphs (2) through (13), respectively; (iii) by inserting before paragraph (2), as redesignated by clause (ii), the following: (1) high-quality expanded learning time programs or initiatives; ; (iv) in paragraph (6), as redesignated by clause (ii), by striking (including those provided by senior citizen volunteers) (v) in paragraph (7), as redesignated by clause (ii), by striking limited English proficient students English learners (B) by striking subsection (b) and inserting the following: (b) Performance Indicators Each State educational agency that receives a grant under this part shall collect, and annually report to the Secretary, information on the following performance indicators, disaggregated, as appropriate, by the subgroups described in section 1111(a)(2)(B)(x): (1) The average time added to the school day, school week, or school year, if applicable. (2) Student participation and attendance rates for the programs funded under this part. (3) Student achievement in core academic subjects and high school graduation rates, as applicable, for students who participate in such programs. . 4108. Promise neighborhoods Title IV (20 U.S.C. 7101 et seq.) is amended by inserting after part F, as redesignated by section 4103(a) of this Act, the following: G Promise neighborhoods 4701. Short title This part may be cited as the Promise Neighborhoods Act of 2013 4702. Purpose The purpose of this part is to significantly improve the academic and developmental outcomes of children living in our Nation’s most distressed communities from birth through college and career entry, including ensuring school readiness, high school graduation, and college and career readiness for such children, through the use of data-driven decisionmaking and access to a community-based continuum of high-quality services, beginning at birth. 4703. Definitions In this part: (1) Child The term child (2) College and career readiness The term college and career readiness (3) Community of practice The term community of practice (4) Comprehensive school readiness assessment The term comprehensive school readiness assessment (A) screens for school readiness across domains, including language, cognitive, physical, motor, sensory, and social-emotional domains, and through a developmental screening.; and (B) may also include other sources of information, such as child observations by parents and others, verbal and written reports, child work samples (for children aged 3 to 5), and health and developmental histories. (5) Developmental screening The term developmental screening (6) Expanded learning time The term expanded learning time (7) Family and community engagement The term family and community engagement (A) disseminating a clear definition of the neighborhood to the members of the neighborhood; (B) ensuring representative participation by the members of such neighborhood in the planning and implementation of the activities of each grant awarded under this part; (C) regular engagement by the eligible entity and the partners of the eligible entity with family members and community partners; (D) the provision of strategies and practices to assist family and community members in actively supporting student achievement and child development; and (E) collaboration with institutions of higher education, workforce development centers, and employers to align expectations and programming with college and career readiness. (8) Family and student supports The term family and student supports (A) health programs (including both mental health and physical health services); (B) school, public, and child-safety programs; (C) programs that improve family stability; (D) workforce development programs (including those that meet local business needs, such as internships and externships); (E) social service programs; (F) legal aid programs; (G) financial literacy education programs; (H) adult education and family literacy programs; (I) parent, family, and community engagement programs; and (J) programs that increase access to learning technology and enhance the digital literacy skills of students. (9) Family member The term family member (10) Integrated student supports The term integrated student supports (A) to increase academic achievement and engagement; (B) to support positive child development; and (C) to increase student preparedness for success in college and the workforce. (11) Neighborhood The term neighborhood (12) Pipeline services The term pipeline services (A) Prenatal education and support for expectant parents. (B) High-quality early learning opportunities. (C) High-quality schools and out-of-school-time programs and strategies. (D) Support for a child’s transition to elementary school, including the administration of a comprehensive school readiness assessment. (E) Support for a child’s transition from elementary school to middle school, from middle school to high school, and from high school into and through college and into the workforce. (F) Family and community engagement. (G) Family and student supports. (H) Activities that support college and career readiness, including coordination between such activities, such as— (i) assistance with college admissions, financial aid, and scholarship applications, especially for low-income and low-achieving students; and (ii) career preparation services and supports. (I) Neighborhood-based support for college-age students who have attended the schools in the pipeline, or students who are members of the community, facilitating their continued connection to the community and success in college and the workforce. 1 Promise neighborhood partnership grants 4711. Program authorized (a) In general (1) Program authorized From amounts appropriated to carry out this subpart, the Secretary shall award grants, on a competitive basis, to eligible entities to implement a comprehensive, evidence-based continuum of coordinated services and supports that engages community partners to improve academic achievement, student development, and college and career readiness, measured by common outcomes, by carrying out the activities described in section 4714 in neighborhoods with high concentrations of low-income individuals and persistently low-achieving schools or schools with an achievement gap. (2) Sufficient size and scope Each grant awarded under this subpart shall be of sufficient size and scope to allow the eligible entity to carry out the purpose of this part. (b) Duration A grant awarded under this subpart— (1) shall be for a period of not more than 5 years; and (2) may be renewed for not more than 1 additional grant period, if the eligible entity demonstrates significant improvement in relation to the performance metrics established under section 4716(a). (c) Continued funding Continued funding of a grant under this subpart, including a grant renewed under subsection (b)(2), after the third year of the grant period shall be contingent on the eligible entity’s progress toward meeting the performance metrics described in section 4716(a). (d) Matching requirement (1) In general Each eligible entity receiving a grant under this subpart shall contribute matching funds in an amount equal to not less than 100 percent of the amount of the grant. Such matching funds shall come from Federal, State, local, and private sources. (2) Private sources The Secretary— (A) shall require that a portion of the matching funds come from private sources; and (B) may allow the use of in-kind donations to satisfy the matching funds requirement. (3) Adjustment The Secretary may adjust the matching funds requirement for applicants that demonstrate high need, including applicants from rural areas or applicant that wish to provide services on tribal lands. (e) Financial hardship waiver (1) In General The Secretary may waive or reduce, on a case-by-case basis, the matching requirement described in subsection (d), for a period of 1 year at a time, if the eligible entity demonstrates significant financial hardship. (2) Private sources waiver The Secretary may waive or reduce, on a case-by-case basis, the requirement described in subsection (d) that a portion of matching funds come from private sources if the eligible entity demonstrates an inability to access such funds in the State. 4712. Eligible entities In this subpart, the term eligible entity (1) A high-need local educational agency. (2) A charter school funded by the Bureau of Indian Education that is not a local educational agency, except that such school shall not be the fiscal agent for the eligible entity partnership. (3) An institution of higher education, as defined in section 102 of the Higher Education Act of 1965. (4) The office of a chief elected official of a unit of local government. (5) An Indian tribe or tribal organization, as defined under section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b 4713. Application requirements (a) In general An eligible entity desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents of application At a minimum, an application described in subsection (a) shall include the following: (1) A plan to significantly improve the academic outcomes of children living in a neighborhood that is served by the eligible entity, by providing pipeline services that address the needs of children in the neighborhood, as identified by the needs analysis described in paragraph (4) and supported by evidence-based practices. (2) A description of the neighborhood that the eligible entity will serve. (3) Measurable annual goals for the outcomes of the grant, including— (A) performance goals, in accordance with the metrics described in section 4716(a), for each year of the grant; and (B) projected participation rates and any plans to expand the number of children served or the neighborhood proposed to be served by the grant program. (4) An analysis of the needs and assets of the neighborhood identified in paragraph (2), including— (A) a description of the process through which the needs analysis was produced, including a description of how parents, family, and community members were engaged in such analysis; (B) an analysis of community assets, including programs already provided from Federal and non-Federal sources, within, or accessible to, the neighborhood, including, at a minimum— (i) early learning programs, including high-quality child care, Early Head Start programs, Head Start programs, and prekindergarten programs; (ii) the availability of healthy food options and opportunities for physical activity; (iii) existing family and student supports; (iv) locally owned businesses and employers; and (v) institutions of higher education; (C) evidence of successful collaboration within the neighborhood; (D) the steps that the eligible entity is taking, at the time of the application, to address the needs identified in the needs analysis; and (E) any barriers the eligible entity, public agencies, and other community-based organizations have faced in meeting such needs. (5) A description of the data used to identify the pipeline services to be provided, including data regarding— (A) school readiness; (B) academic achievement and college and career readiness; (C) graduation rates; (D) health indicators; (E) rates of enrollment, remediation, persistence, and completion at institutions of higher education, as available; and (F) conditions for learning, including school climate surveys, discipline rates, and student attendance and incident data. (6) A description of the process used to develop the application, including the involvement of family and community members. (7) An estimate of— (A) the number of children, by age, who will be served by each pipeline service; and (B) for each age group, the percentage of children (of such age group), within the neighborhood, who the eligible entity proposes to serve, disaggregated by each service, and the goals for increasing such percentage over time. (8) A description of how the pipeline services will facilitate the coordination of the following activities: (A) Providing high-quality early learning opportunities for children, beginning prenatally and extending through grade 3, by— (i) supporting high-quality early learning opportunities that provide children with access to programs that support the cognitive and developmental skills, including social and emotional skills, needed for success in elementary school; (ii) providing for opportunities, through parenting classes, baby academies, home visits, family and community engagement, or other evidence-based strategies, for families and expectant parents to— (I) acquire the skills to promote early learning, development, and health and safety, including learning about child development and positive discipline strategies (such as through the use of technology and public media programming); (II) learn about the role of families and expectant parents in their child’s education; and (III) become informed about educational opportunities for their children, including differences in quality among early learning opportunities; (iii) ensuring successful transitions between early learning programs and elementary school, including through the establishment of memoranda of understanding between early learning providers and local educational agencies serving young children and families; (iv) ensuring appropriate screening, diagnostic assessments, and referrals for children with disabilities, developmental delays, or other special needs, consistent with the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. (v) improving the early learning workforce in the community, including through— (I) investments in the recruitment, retention, distribution, and support of high-quality professionals, especially those with certification and experience in child development; (II) the provision of high-quality teacher preparation and professional development; or (III) the use of joint professional development for early learning providers and elementary school teachers and administrators; and (vi) enhancing data systems and data sharing among the eligible entity, partners, early learning providers, schools, and local educational agencies operating in the neighborhood. (B) Supporting, enhancing, operating, or expanding rigorous and comprehensive education reforms designed to significantly improve educational outcomes for children in early learning programs through grade 12, which may include— (i) operating schools or working in close collaboration with local schools to provide high-quality academic programs, curricula, and integrated student supports; (ii) providing expanded learning time, which may include the integration and use of arts education in such learning time; and (iii) providing programs and activities that ensure that students— (I) are prepared for the college admissions, scholarship, and financial aid application processes; and (II) graduate college and career ready. (C) Supporting access to a healthy lifestyle, which may include— (i) the provision of high-quality and nutritious meals; (ii) access to programs that promote physical activity, physical education, and fitness; and (iii) education to promote a healthy lifestyle and positive body image. (D) Providing social, health, and mental health services and supports, including referrals for essential care and preventative screenings, for children, family, and community members, which may include— (i) dental services; (ii) vision care; and (iii) speech, language, and auditory screenings and referrals. (E) Supporting students and family members as the students transition from early learning programs into elementary school, from elementary school to middle school, from middle school to high school, from high school into and through college and into the workforce, including through evidence-based strategies to address challenges that students may face as they transition, such as the following: (i) Early college high schools. (ii) Dual enrollment programs. (iii) Career academies. (iv) Counseling and support services. (v) Dropout prevention and recovery strategies. (vi) Collaboration with the juvenile justice system and reentry counseling for adjudicated youth. (vii) Advanced Placement or International Baccalaureate courses. (viii) Teen parent classrooms. (ix) Graduation and career coaches. (9) A description of the strategies that will be used to provide pipeline services (including a description of the process used to identify such strategies and the outcomes expected and a description of which programs and services will be provided to children, family members, community members, and children not attending schools or programs operated by the eligible entity or its partner providers) to support the purpose of this part. (10) An explanation of the process the eligible entity will use to establish and maintain family and community engagement. (11) An explanation of how the eligible entity will continuously evaluate and improve the continuum of high-quality pipeline services, including— (A) a description of the metrics, consistent with section 4716(a), that will be used to inform each component of the pipeline; and (B) the processes for using data to improve instruction, optimize integrated student supports, provide for continuous program improvement, and hold staff and partner organizations accountable. (12) An identification of the fiscal agent, which may be any entity described in section 4712 (not including paragraph (2) of such section). (13) A list of the non-Federal sources of funding that the eligible entity will secure to comply with the matching funds requirement described in section 4711(d), in addition to other programs from which the eligible entity has already secured funding, including programs funded by the Department or programs of the Department of Health and Human Services, the Department of Housing and Urban Development, the Department of Justice, or the Department of Labor. (c) Memorandum of understanding An eligible entity, as part of the application described in this section, shall submit a preliminary memorandum of understanding, signed by each partner entity or agency. The preliminary memorandum of understanding shall describe, at a minimum— (1) each partner’s financial and programmatic commitment with respect to the strategies described in the application, including an identification of the fiscal agent; (2) each partner’s long-term commitment to providing pipeline services that, at a minimum, accounts for the cost of supporting the continuum of supports and services (including a plan for how to support services and activities after grant funds are no longer available) and potential changes in local government; (3) each partner’s mission and the plan that will govern the work that the partners do together; (4) each partner’s long-term commitment to supporting the continuum of supports and services through data collection, monitoring, reporting, and sharing; and (5) each partner’s commitment to ensure sound fiscal management and controls, including evidence of a system of supports and personnel. 4714. Use of funds (a) In general Each eligible entity that receives a grant under this subpart shall use the grant funds to— (1) implement the pipeline services, as described in the application under section 4713; and (2) continuously evaluate the success of the program and improve the program based on data and outcomes. (b) Special rules (1) Funds for pipeline services Each eligible entity that receives a grant under this subpart shall, following the second year of the grant and each subsequent year, including each year of a renewal grant, use not less than 80 percent of grant funds to carry out the activities described in subsection (a)(1). (2) Operational flexibility Each eligible entity that operates a school in a neighborhood served by a grant program under this subpart shall provide such school with the operational flexibility, including autonomy over staff, time, and budget, needed to effectively carry out the activities described in the application under section 4713. (3) Limitation on use of funds for early childhood education programs Funds under this subpart that are used to improve early childhood education programs shall not be used to carry out any of the following activities: (A) Assessments that provide rewards or sanctions for individual children or teachers. (B) A single assessment that is used as the primary or sole method for assessing program effectiveness. (C) Evaluating children, other than for the purposes of improving instruction, classroom environment, professional development, or parent and family engagement, or program improvement. 4715. Report and publicly available data (a) Report Each eligible entity that receives a grant under this subpart shall prepare and submit an annual report to the Secretary, which shall include— (1) information about the number and percentage of children in the neighborhood who are served by the grant program, including a description of the number and percentage of children accessing each support or service offered as part of the pipeline services; (2) information relating to the performance metrics described in section 4716(a); and (3) other indicators that may be required by the Secretary, in consultation with the Director of the Institute of Education Sciences. (b) Publicly available data Each eligible entity that receives a grant under this subpart shall make publicly available, including through electronic means, the information described in subsection (a). To the extent practicable, such information shall be provided in a form and language accessible to parents and families in the neighborhood, and such information shall be a part of statewide longitudinal data systems. 4716. Performance accountability and evaluation (a) Performance metrics Each eligible entity that receives a grant under this subpart shall collect data on performance indicators of pipeline services and family and student supports and report the results to the Secretary, who shall use the results as a consideration in continuing grants after the third year and in awarding grant renewals. The indicators shall, at a minimum, include the following: (1) Evidence of increasing qualifications for staff in early care and education programs attended by children in the neighborhood. (2) With respect to the children served by the grant— (A) the percentage of children who are ready for kindergarten, as measured by a comprehensive developmental screening instrument; (B) the percentage of school-age children proficient in core academic subjects; (C) evidence of narrowing student achievement gaps among the categories described in section 1111(a)(2)(B)(x); (D) the percentage of children who are reading at grade level by the end of grade 3; (E) the percentage of children who successfully transition from grade 8 to grade 9; (F) for each school year during the grant period, the percentage of students in prekindergarten, elementary school, and secondary school who miss more than 10 percent of school days for any reason, excused or unexcused, and the number and percentage of students who are suspended or expelled for any reason, starting in prekindergarten; (G) the percentage of children who graduate with a high school diploma; (H) the percentage of children who enter postsecondary education and remain after 1 year; (I) the percentage of children who are healthy, as measured by a child-health index that includes cognitive, nutritional, physical, social, mental-health, and emotional domains; (J) the percentage of children who feel safe, as measured by a school climate survey; (K) rates of student mobility and homelessness; (L) opportunities for family members of children to receive education and job training; and (M) the percentage of children who have digital literacy skills and access to broadband internet and a connected computing device at home and at school. (b) Evaluation The Secretary shall evaluate the implementation and impact of the activities funded under this subpart, in accordance with section 9601. 2 Promise school grants 4721. Program authorized (a) In general (1) Program authorized From amounts appropriated to carry out this subpart, the Secretary shall award grants, on a competitive basis, to eligible entities to implement school-centered, evidence-based strategies and integrated student supports that leverage community partnerships to improve student achievement and child development by carrying out the activities described in section 4724 in schools with high concentrations of low-income children. (2) Sufficient size and scope Each grant awarded under this subpart shall be of sufficient size and scope to allow the eligible entity to carry out the purpose of this part. (b) General provisions The requirements of subsections (b), (c), (d), and (e) of section 4711 and section 4714(b) shall apply to a grant under this subpart in the same manner as such subsections apply to a grant under subpart 1, except that the performance metrics used for section 4711(c) shall be the metrics under section 4726(a). 4722. Definition of eligible entity In this subpart, the term eligible entity (1) not less than 1 high-need local educational agency (including a charter school that is a local educational agency) in partnership with 1 or more nonprofit entities or institutions of higher education; or (2) a school funded by the Bureau of Indian Education that falls under the definition of a local educational agency in partnership with 1 or more nonprofit entities or institutions of higher education. 4723. Application requirements; priority (a) In general An eligible entity desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents of application At a minimum, the application described in subsection (a) shall include the following: (1) A description of the local educational agency, schools, and students that will be served by the grant program. (2) A description of the steps that the eligible entity is taking— (A) to meet the needs identified in the analysis described in paragraph (4); and (B) to remove any barriers that the eligible entity has identified in meeting such needs. (3) The designation of a site coordinator, with appropriate qualifications and appropriate time, autonomy, and support to provide— (A) leadership in building relationships and establishing and sustaining partnerships that support school improvement, school turnaround efforts in accordance with section 1116(c), increases in student achievement, positive child development, and parent, family, and community engagement; and (B) effective coordination of student services at all stages of the continuum of high-quality pipeline services. (4) An analysis of the needs and assets of the schools and communities that will be assisted under the grant. Such analysis shall include— (A) student data, including information about— (i) kindergarten readiness, as measured by a comprehensive developmental screening instrument; (ii) academic achievement; (iii) credit accumulation; (iv) grade-to-grade promotion; (v) graduation; (vi) attendance; and (vii) discipline; and (B) information about the assets described in section 4713(b)(4)(B) with respect to such schools and communities. (5) An explanation of how the eligible entity and its program partners will use evidence-based practice, data, research, and partnerships to provide pipeline services that— (A) address the needs identified in paragraph (4); (B) conduct family and community engagement; (C) enable teachers and administrators, including early learning providers, to complement and enrich efforts to help children— (i) achieve learning gains; (ii) prepare for graduation; and (iii) plan for the future, including preparing for college and careers; and (D) coordinate and leverage other programs that serve children, the schools served by the grant, and the neighborhood. (6) An explanation of the extent to which the eligible entity and its program partners will serve or involve children residing in the neighborhood regardless of whether such children attend a school served by the grant, including by carrying out the activities described in section 4713(b)(8). (7) A description of the capacity of the eligible entity for measuring student outcomes and school-specific outcomes. (8) A description of how the strategies supported with funds under this subpart will be— (A) coordinated with other programs and strategies carried out by the local educational agency; and (B) to the greatest extent practicable, coordinated with other agencies, such as agencies that provide reentry services to adjudicated youth. (9) A description of the strategy the eligible entity will use to— (A) conduct family and community engagement; and (B) make schools the centers of their respective communities. (10) A list of the non-Federal sources of funding that the eligible entity will secure to comply with the matching funds requirement pursuant to sections 4711(d) and 4721, in addition to other programs the eligible entity has already secured funding from, including programs funded by the Department, or programs of the Department of Health and Human Services, the Department of Housing and Urban Development, the Department of Justice, or the Department of Labor. (c) Memorandum of understanding An eligible entity, as part of the application described in this section, shall submit a preliminary memorandum of understanding that meets the requirements of section 4713(c). (d) Priority In awarding grants under this subpart, the Secretary shall give priority to applicants that— (1) propose to include significant investments, as determined by the Secretary, in high-quality early learning programs, consistent with section 4713(b)(8)(A); and (2) provide schools served by the grant with the operational flexibility, including autonomy over staff, time, and budget, needed to effectively carry out the activities described in the application under this section. 4724. Use of funds (a) In general Each eligible entity that receives a grant under this subpart shall use the grant funds to— (1) implement the activities described in the application under section 4723; and (2) continuously evaluate the success of the grant program and improve the grant program based on data and outcomes. (b) Special rule (1) Limitation on use of funds for early childhood education programs Funds under this subpart that are used to improve early childhood education programs shall not be used to carry out any of the following activities: (A) Assessments that provide rewards or sanctions for individual children or teachers. (B) A single assessment that is used as the primary or sole method for assessing program effectiveness. (C) Evaluating children, other than for the purposes of improving instruction, classroom environment, professional development, or parent and family engagement, or program improvement. 4725. Report and publicly available data (a) Report Each eligible entity that receives a grant under this subpart shall prepare and submit an annual report to the Secretary, which shall include— (1) information about the number and percentage of children served by the grant program, disaggregated the subgroups described in section 1111(a)(2)(B)(x); (2) information relating to the performance metrics described in section 4726(a); and (3) other indicators that may be required by the Secretary, in consultation with the Director of the Institute of Education Sciences. (b) Publicly available data Each eligible entity that receives a grant under this subpart shall make publicly available, including through electronic means, the information described in subsection (a). To the extent practicable, such information shall be provided in a form and language accessible to parents and families in the neighborhood. 4726. Performance accountability and evaluation (a) Performance metrics Each eligible entity receiving a grant under this subpart shall collect data on performance indicators of pipeline services and family and student supports and report the results to the Secretary, who shall use the results as a consideration in continuing grants after the third year and awarding grant renewals. The indicators shall, at a minimum, include the indicators described in paragraphs (1) and (2) of section 4716(a). (b) Evaluation The Secretary shall evaluate the implementation and impact of the activities funded under this subpart, in accordance with section 9601. 3 General provisions 4731. National activities From the amounts appropriated to carry out this part for a fiscal year, in addition to the amounts that may be reserved in accordance with section 9601, the Secretary may reserve not more than 8 percent for national activities, which may include— (1) research on the activities carried out under subparts 1 and 2; (2) identification and dissemination of best practices, including through support for a community of practice; (3) technical assistance, including assistance relating to family and community engagement and outreach to potential partner organizations; (4) professional development, including development of materials related to professional development; and (5) other activities consistent with the purpose of this part. . 4109. Parent and family information and resource centers Title IV ( 20 U.S.C. 7101 et seq. H Parent and family information and resource centers 4801. Purpose The purpose of this part is to increase and enhance parent and family engagement in education by— (1) providing support and technical assistance to State educational agencies; (2) supporting a community of practice related to effective parent and family engagement strategies and practices; and (3) as appropriate, providing information and training to local educational agencies, schools, parents and families, and community members. 4802. Definition of eligible entity In this part, the term eligible entity (1) a nonprofit organization (including a statewide nonprofit organization); or (2) a consortium consisting of a nonprofit organization (including a statewide nonprofit organization) and a State educational agency or local educational agency. 4803. Grants authorized (a) Parent and family information and resource centers The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable such eligible entities to operate State parent and family information and resource centers that— (1) assist the State educational agency in identifying, implementing, and replicating effective, evidence-based parent, family, and community engagement strategies, including assisting the State educational agency in carrying out parent and family engagement strategies that are funded under section 1118 and other provisions of this Act; (2) provide technical assistance, training, information, and support regarding parent and family engagement, as appropriate (including support in turning around schools), to, at a minimum, high-need schools, schools that are served by high-need local educational agencies, and early care and education providers that primarily serve low-income parents and families; and (3) strengthen partnerships among parents, family members, community-based organizations (including faith-based organizations), early care and education providers, schools, local educational agencies, employers, and other appropriate community members who are committed to improving and enhancing parent, family, and community engagement in order to improve student achievement and support positive child development. (b) Duration Grants awarded under this part shall be for a period of 5 years. (c) Geographic distribution In awarding grants under this part, the Secretary shall ensure that not less than 1 grant is awarded to an eligible entity in each State, except that competitions conducted pursuant to section 4806(b)(2)(B), or for which no eligible entity from a State applies, shall be open to all eligible entities. (d) Priority In awarding grants under this part, the Secretary shall give priority to applications from eligible entities that have a demonstrated record of effectiveness in increasing and enhancing the engagement of parents and families whose children attend a high-need school or a school that is served by a high-need local educational agency. 4804. Applications (a) Submission Each eligible entity that desires a grant under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Assurances Each application submitted under subsection (a) shall include, at a minimum, an assurance that the eligible entity will— (1) (A) be governed by a board of directors, of which not less than 50 percent is comprised of members who are— (i) parents or family members of school-aged children in the State that the eligible entity serves, including educationally and economically disadvantaged parents; and (ii) community stakeholders who are committed to improving schools and increasing parent and family engagement; or (B) be an organization or consortium that represents the interests of parents and family members of school-aged children; (2) use not less than 60 percent of the funds received under this part for each fiscal year to support parent and family engagement in high-need local educational areas; (3) reserve not less than 30 percent of the funds received under this part for each fiscal year to support parent and family engagement of low-income parents and family members whose children attend early childhood education programs; (4) operate a parent and family information and resource center of sufficient size, scope, and quality to effectively carry out the purpose of this part; (5) ensure that parents and family members, including economically disadvantaged parents and family members with children who attend high-need schools or schools that are served by high-need local educational agencies, have access to leadership development training and other evidence-based strategies that provide the skills and resources parents and family members need to support school improvement, increase student achievement, and promote positive student development; and (6) demonstrate to the Secretary that a portion of the services provided by the eligible entity under the grant is supported through non-Federal contributions, which contributions may be in cash or in-kind. (c) Contents In addition to the requirements described in subsection (b), each application submitted under subsection (a) shall, at a minimum— (1) describe how the eligible entity will serve both urban and rural areas throughout the State that is served by the eligible entity; (2) demonstrate the eligible entity’s record of effectiveness in carrying out parent and family engagement activities, including the provision of high-quality technical assistance to State educational agencies and local educational agencies; (3) describe the process through which the eligible entity will— (A) leverage relationships with, and collect and exchange information among, partners; and (B) disseminate information about evidence-based best practices to support parent and family engagement strategies; (4) describe the eligible entity’s strategy for serving parents and family members of children in the area served by the eligible entity, including parents and family members of students who are served by high-need local educational agencies; (5) describe how the eligible entity will assist the State educational agency in effectively supporting high-need local educational agencies in— (A) increasing parent and family member understanding of, and opportunities to develop, the knowledge and skills to engage as full partners in supporting academic achievement, child development, and school improvement; and (B) employing evidence-based strategies to— (i) increase the participation of economically disadvantaged and English learner parents and family members, and low-income parents and family members of children with disabilities, in school activities; and (ii) improve parent and family engagement strategies in low-performing schools served by high-need local educational agencies; and (6) describe how the eligible entity will coordinate its activities with the parent training and information centers assisted under section 671 of the Individuals with Disabilities Education Act; (7) identify the Federal, State, and local services and programs that prepare children to be ready for institutions of higher education and careers with which the eligible entity will coordinate, including— (A) programs supported under this Act; (B) violence prevention programs; (C) programs that serve at-risk or out-of-school youth; (D) nutrition programs; (E) housing programs; (F) Head Start and other early childhood education programs; (G) adult education and literacy activities (as defined in section 203 of the Adult Education and Family Literacy Act); and (H) workforce development programs. 4805. Uses of funds (a) Required activities Each eligible entity that receives a grant under this part shall use such grant funds to provide services to parents, family members, educators, and community members and to assist State educational agencies, local educational agencies, and, where applicable, districtwide parent advisory committees in supporting parent and family engagement in education by carrying out the following activities: (1) Providing technical assistance to State educational agencies in— (A) reviewing and responding to local parent and family engagement plans described in section 1118(a) (including, at a minimum, such plans submitted by high-need local educational agencies) in order to support evidence-based strategies and best practices in parent and family engagement; (B) the implementation of Federal and State laws, regulations, and guidance relating to parent and family engagement; (C) the implementation or replication of statewide, evidence-based programs and strategies, such as professional development for educators related to parent and family engagement, especially that impact parents and family members who are educationally and economically disadvantaged; (D) ensuring that schools and classrooms are welcoming of family and community members; and (E) applicable evaluation, reporting, and accountability processes. (2) Obtaining and disseminating information about the range of options, programs, services, and resources (including curricula) that are available at the national level, the State level, and the local level to assist school and local educational agency personnel in implementing evidence-based parent and family engagement strategies. (3) Coordinating parent and family engagement strategies with relevant Federal, State, and local services and programs. (4) Working with individuals and organizations with expertise in identifying and implementing evidence-based practices to improve parent and family engagement. (5) Coordinating and integrating early care and education programs with school-age programs, especially those programs focusing on supporting the transition of young children into kindergarten through grade 3, such as by increasing awareness of school readiness expectations among family and community members. (6) Implementing parent institutes or other leadership development strategies to ensure that parents and family members have the skills and resources needed to understand student and school data in order to make decisions, effectively communicate with school officials and educators, support school improvement, and increase student achievement. (b) Permissive activities In addition to the activities required under subsection (a), each eligible entity that receives a grant under this part may use such grant funds to carry out the following activities: (1) Developing and disseminating templates for schools and local educational agencies to use to provide information about curricula, academic expectations, academic assessments, and the results of academic assessments to family members in a manner and a language that such family members can understand. (2) Providing training, information, and support to organizations that support partnerships among schools, parents, family members, and districtwide parent advisory committees, as applicable. (3) Providing professional development to, and supporting a community of practice among, school and local educational agency staff (which may be provided jointly to educators and family members) to assist school and agency staff in developing and implementing strategies to increase and strengthen ongoing communication with parents and family members, including professional development opportunities that prepare teachers to have more focused, goal-oriented, and reciprocal parent-teacher conferences. 4806. Administrative provisions (a) Matching funds for grant renewal For each fiscal year after the first fiscal year for which an eligible entity receives assistance under this part, the eligible entity shall demonstrate that a portion of the services provided by the eligible entity is supported through non-Federal contributions, which contributions may be in cash or in-kind. (b) Performance accountability (1) Performance indicators Each eligible entity receiving a grant under this part shall submit to the Secretary an annual report regarding the parent and family information and resource centers assisted under this part. Such report shall be made publicly available, including through electronic means, and shall include, at a minimum, a description of how each parent and family information and resource center has performed with respect to the following indicators: (A) The number of local educational agencies or other entities that received assistance or support in the previous academic year. (B) The number of parents and family members whose children participated in the previous academic year in programs, activities, or strategies supported by the parent and family information and resource center, and— (i) the number of such parents whose children are eligible to be counted under section 1124(c)(1)(A); (ii) the number of such parents whose children are English learners; and (iii) the number of such parents who are parents of children with disabilities. (C) The outcomes directly attributable to the provision of assistance or support provided by the parent and family information and resource center, such as increased parent and family member participation in school planning activities, parent-teacher conferences, or the local educational agency budgeting process. (D) Other evidence-based indicators that the Secretary may reasonably require. (2) Performance goals (A) In general Each eligible entity that is awarded a grant under this part shall establish, in consultation with the Secretary, annual performance goals for each of the indicators described in paragraph (1). Such performance goals shall be made publicly available, including through electronic means. (B) Consequences for poor performance If an eligible entity receiving grant funds under this part does not meet the performance goals established under this paragraph for 2 consecutive years, after the provision of technical assistance in the second consecutive year, the Secretary shall terminate the grant and conduct a new competition for the grant. (C) Loss of eligibility If an eligible entity has received a grant under this part and such grant has been terminated in accordance with subparagraph (B), the eligible entity shall not be eligible to participate in future grant competitions, or receive grant funds, under this part. (3) Technical assistance The Secretary shall provide technical assistance to each eligible entity receiving a grant under this part that does not meet the performance goals established under paragraph (2). (c) Report to congress The Secretary shall prepare and submit an annual report to the authorizing committees, which shall— (1) include the information that each eligible entity submits to the Secretary in accordance with subsection (b)(1); (2) summarize and synthesize the best practices collected by the parent and family information and resource centers for increasing and improving parent, family, and community engagement; and (3) be made available to the public (including through electronic means). (d) Rule of construction Nothing in this part shall be construed to prohibit a parent and family information and resource center from— (1) allowing its employees or agents to meet with family members at a site that is not on school grounds; or (2) working with another public or nonprofit agency that serves children. (e) Parental rights Notwithstanding any other provision of this part— (1) no individual (including a parent who educates a child at home, parent of a public school student, or parent of a private school student) shall be required to participate in any program of parent or family education or developmental screening under this part; and (2) a program or center assisted under this part shall not take any action that infringes in any manner on the right of a parent to direct the education of such parent’s child. . 4110. Programs of national significance The Act ( 20 U.S.C. 6301 et seq. (1) by redesignating subpart 1 of part D of title V as part J of title IV, and transferring such part J so as to follow part I of title IV, as redesignated by section 2101(a) of this Act; (2) in part J of title IV, as redesignated under paragraph (1), by striking the heading and inserting the following: programs of national significance (3) by striking section 5414; (4) by redesignating sections 5411, 5412, and 5413, as sections 4905, 4906, and 4907, respectively; (5) in section 4905, as redesignated under paragraph (4)— (A) in subsection (a)— (i) by striking challenging State academic content and student academic achievement standards college and career ready academic content and student academic achievement standards under section 1111(a)(1) (ii) by inserting nonprofit private (B) by striking subsection (b), and inserting the following: (b) Uses of funds A nonprofit entity receiving a grant under subsection (a) shall use the grant funds to carry out 1 of the following activities: (1) Providing funding for economically disadvantaged students, including students from military families and recent immigrants, and their teachers, to participate in programs based in Washington, DC, that increase civic responsibility and understanding of the Federal Government among young people. (2) Developing, implementing, evaluating, and disseminating innovative, research-based approaches to civic learning, which may include hands-on civic engagement activities, for low-income elementary school and secondary school students that demonstrate innovation, scalability, accountability, and a focus on underserved populations. (3) Supporting a national principal and teacher certification process that provides a framework for measuring and improving teaching and instructional leadership with a focus on educators working in schools that are eligible for funding under part A of title I, including comprehensive rigorous teaching standards, leadership standards, and high-quality metrics designed to reward educator effectiveness and inform and deliver high-quality professional development for all educators. (4) Creating a national teacher corps of outstanding college graduates to teach in underserved communities in order to— (A) increase the supply of effective teachers in low-income communities; and (B) provide and support the retention of teachers for high-need fields. (5) Supporting a national network of providers of high-quality, evidence-based professional development in writing instruction for teachers across all academic subjects and grades. (6) Encouraging parents and caregivers to read aloud to their children by supporting programs through which, during pediatric exams, doctors and nurses train parents and caregivers who may not be skilled readers. (7) Supporting the research and implementation of highly effective, evidence-based strategies, instructional and other wise, and the expansion of programs designed to engage and support students who are recent immigrant and students with interrupted formal education, and families of such students, in order to improve the language acquisition and academic achievement of such students. (8) Researching and promoting the use of instructional technology and strategies across all content areas that will drastically accelerate the language acquisition in English learners and will support English learners as they access rigorous academic content. (9) Preparing young children from low-income families for reading success by the third grade by— (A) distributing inexpensive books; (B) training volunteers to serve at-risk children; (C) developing motivational literacy activities for at-risk children; and (D) providing information on literacy resources, such as those provided by local libraries and other community-based organizations. (10) Supporting model projects and programs that encourage involvement in the performing and visual arts, for— (A) persons with disabilities, by— (i) increasing access to all forms of the arts for all persons, including those living with intellectual, physical, and sensory disabilities; and (ii) fostering a greater awareness of the need for arts programs for individuals with disabilities; and (B) children, youth, and educators. (11) Implementing a coordinated program of scientifically based research, demonstration projects, innovative strategies, and professional development for teachers and other instructional leaders working in high-poverty schools to— (A) enhance the ability of educators to meet the special educational needs of gifted and talented students, including high-ability students who have not been formally identified as gifted; and (B) prioritize students who have been underrepresented in gifted education programs, including students who are economically disadvantaged, of minority backgrounds, English learners, students with disabilities, and students in rural communities. (12) Supporting the research and implementation of highly effective, evidence-based strategies and the expansion of programs designed to engage and support students who experience homelessness, or are at risk of homelessness, and families of such students, in order to improve social and emotional well-being, health outcomes, and academic achievement of such students. (13) Providing social, emotional, and academic support to students from military families, and families of such students, by— (A) developing, implementing, evaluating, and disseminating innovative, research-based approaches to providing early intervening services that mitigate the effect of deployment of family members; (B) providing training to teachers and volunteers on the unique needs of such students; and (C) supporting model projects and programs for tutoring and counseling. (14) Developing, implementing, evaluating, and disseminating innovative, research-based approaches to teaching financial literacy, which may include curriculum and hands-on activities, for low-income elementary school and secondary school students that demonstrate innovation, scalability, accountability, and a focus on underserved populations. (15) Promoting gender equity in education by supporting educational agencies and institutions in meeting the requirements of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.). (16) Other high-quality, nationally significant programs that meet the purposes of this Act. ; (6) in section 4906(c), as redesignated under paragraph (4), by striking and in recognizing States, local educational agencies, and schools under section 5411(b)(3), only if funds are used for such recognition programs (7) in section 4907, as redesignated under paragraph (4)— (A) in subsection (a)(1), by striking 5412 4906 (B) by striking subsection (d); and (8) in each of sections 4905, 4906, and 4907, as redesignated under paragraph (4), by striking subpart part 4111. Competency-based assessment and accountability demonstration authority Title IV ( 20 U.S.C. 7101 et seq. K Competency-based assessment and accountability demonstration authority 4909. Competency-based assessment and accountability demonstration (a) Definitions In this part: (1) College and career ready standards The term college and career ready standards (2) Competency The term competency (A) applied within or across content domains; and (B) aligned with college and career ready standards. (3) Core indicators The term core indicators (A) State academic assessments that meet the requirements of section 1111(a)(2)(B) and that provide data that can be compared with data regarding the State academic assessments required under section 1111(a)(2); and (B) State graduation rates. (4) Eligible entity The term eligible entity (5) Mastery The term mastery (6) Performance assessment The term performance assessment (A) includes complex activities with clear criteria, expectations, and processes that enable students to interact with meaningful content; and (B) measures the depth at which students learn content and apply complex skills to create or refine an original product or solution. (7) Universal design The term universal design (b) Demonstration authority (1) In general The Secretary may provide eligible entities, in accordance with paragraph (3), with the authority to incorporate competency-based accountability into the State accountability system required under section 1111(a)(3) in accordance with an application approved under subsection (c). (2) Demonstration period Each award of demonstration authority under this part shall be for a period of 3 years. (3) Initial demonstration authority; expansion; renewal (A) Initial limit During the initial 3-year period of demonstration authority under this section, the Secretary may not provide more than 3 eligible entities with the authority described in paragraph (1). (B) Expansion of demonstration authority After the end of the initial demonstration period described in subparagraph (A), the Secretary may provide additional eligible entities with demonstration authority described in paragraph (1), subject to each of the requirements of this part as applicable, if the Secretary determines that the demonstration authority provided under this part during the initial demonstration period has effectively supported student progress on core indicators among students served by the eligible entities, including subgroups of students described in section 1111(a)(3)(D). (C) Renewal requirements The Secretary may renew an award of demonstration authority under this part for additional 2-year periods if the eligible entity demonstrates progress on core indicators. (c) Applications To be eligible to participate in the demonstration under this part, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, that describes the competency-based accountability system that will be used by the eligible entity, including— (1) an assurance that the competency-based accountability system will only utilize summative assessments for accountability purposes that— (A) are determined by the Secretary to provide comparable data across the eligible entity, demonstrate inter-rater reliability, and meet the requirements for assessments described in section 1111(a)(2)(B); (B) have been field-tested; (C) are aligned to college and career ready standards and State-approved competencies; (D) have been developed in collaboration with stakeholders representing the interests of students with disabilities, English learners, and civil rights organizations in the State, as demonstrated through modifications made to the assessments resulting from such collaboration; and (E) incorporate the principles of universal design; (2) how the competency-based accountability system will— (A) incorporate a system of formative, interim, and summative assessments, including the use of performance assessments and other sources of evidence of student learning that determine mastery of State-approved competencies aligned to college and career ready standards and competencies; (B) allow students to demonstrate progress toward mastery of such standards and State-approved competencies; (C) assess mastery of State-approved competencies when students are ready to demonstrate mastery of such standards and competencies; (D) provide students with multiple opportunities to demonstrate mastery of such standards and competencies; (E) ensure that summative assessments comply with the requirements for academic assessments, as described in section 1111(a)(2)(B), while engaging and supporting teachers in scoring assessments, including the use of high quality professional development, standardized and calibrated scoring rubrics, and other strategies to ensure inter-rater reliability and comparability of determinations of mastery across the State; (F) provide educators, students, and parents with real-time data to inform instructional practice and continuously improve student performance; (G) be used in conjunction with the accountability requirements described in section 1111(a)(3) and section 1116 to improve the academic outcomes of focus schools identified under section 1116(c), priority schools identified under section 1116(d), and all other schools that fail to meet the school performance targets, established in accordance with section 1111(a)(3)(C), for any subgroup described in section 1111(a)(3)(D); (H) require not less than 1 year of academic growth within a school year for each student and assure instructional support and targeted intervention are in place for those students performing below their peers; and (I) only utilize a student's individualized education program, as defined in section 602 of the Individuals with Disabilities Education Act, for purposes specifically allowed under such Act; (3) the eligible entity’s plan to— (A) ensure that all students, including each student subgroup described in section 1111(a)(3)(D)— (i) are held to the same high standard; (ii) demonstrate annually, at a minimum, at least 1 year of academic growth consistent with the requirement in section 1111(a)(3)(B); and (iii) receive the instructional support needed to attain mastery of college and career ready standards and State-approved competencies; (B) train local educational agency and school staff to implement the assessments described in paragraph (2)(A); (C) acclimate students to the new assessment and accountability systems; and (D) ensure that each local educational agency has the technological infrastructure to operate the competency-based accountability system described in this section; and (4) a description of how instruction and professional development will be enhanced within the competency-based system to personalize the educational experience for each student to ensure all students graduate college and career ready, as determined in accordance with State academic achievement standards under section 1111(a)(1). (d) Peer review The Secretary shall— (1) implement a peer review process, which shall include a review team comprised of practitioners and experts who are knowledgeable about competency-based learning systems, to inform the awarding of the demonstration authority under this part; and (2) make publicly available the applications submitted under subsection (c) and the peer comments and recommendations on such applications. (e) Demonstration authority withdrawn The Secretary may withdraw the demonstration authority provided to an eligible entity under this part if— (1) at any point after the first 2 years of the 3-year demonstration period described in subsection (b)(2), the Secretary determines that student performance for all students served by the eligible entity or any student subgroup described under section 1111(a)(3)(D) has declined on core indicators; or (2) after providing a State with a renewal of demonstration authority under subsection (b)(3), the Secretary makes a determination that student performance has declined on core indicators for 2 consecutive years during the State's participation in the demonstration under this part. (f) Dissemination of best practices The Secretary shall disseminate best practices on the implementation of competency-based accountability systems, including on— (1) the effective use of formative, interim, and summative assessments to inform instruction; (2) the development of summative assessments that meet the requirements of section 1111(a)(2)(B), can be compared with the State assessments required under section 1111(a)(2), and include assessment tasks that determine mastery of State-approved competencies aligned to college and career ready standards; and (3) the development of standardized and calibrated scoring rubrics, and other strategies to ensure inter-rater reliability and comparability of determinations of mastery across the State. . V Promoting innovation 5001. Promoting innovation Title V (20 U.S.C. 7201 et seq.) is amended by striking the title heading and inserting the following: V Promoting Innovation . A Race to the Top 5101. Race to the Top Part A of title V (20 U.S.C. 7201 et seq.) is amended to read as follows: A Race to the Top 5101. Purposes The purposes of this part are to provide incentives for States and high-need local educational agencies to implement comprehensive reforms and innovative strategies that are designed to lead to— (1) significant improvements in outcomes for all students, including improvements in student readiness, student academic achievement, high school graduation rates, and rates of student enrollment, persistence, and completion in institutions of higher education; and (2) significant reductions in achievement gaps between the groups of students described in section 1111(a)(2)(B)(x). 5102. Reservation of funds From amounts made available to carry out this part for a fiscal year, the Secretary may reserve not more than 5 percent to carry out activities in accordance with this part related to technical assistance, evaluation, outreach, and dissemination. 5103. Race to the Top program (a) Program authorized (1) In general For each fiscal year for which funds are appropriated under this part and from such funds that are not reserved under section 5102, the Secretary shall, in accordance with paragraph (2), determine the educational goals that are the greatest priority for the United States and award grants, through a grant competition, to eligible entities to enable such eligible entities to carry out comprehensive reforms and innovative strategies in furtherance of such goals. (2) Selection of goals and categories of entities (A) In general The Secretary shall determine the priorities for grants awarded through a grant competition under this part by selecting in advance of the application period— (i) 1 or more categories of entities described in paragraph (3) that may apply for and receive the grants through such grant competition; and (ii) 1 or more goals described in paragraph (4) to be supported under the grants. (B) Announcement The Secretary shall ensure that information regarding the selections of goals and categories of entities for the grants under this part for an upcoming grant competition is made widely available to eligible entities and that the eligible entities will have sufficient time to prepare a grant application based on the Secretary's decisions for the upcoming grant competition. (3) Eligible entities The categories of entities that may be selected for grants under this part are the following: (A) A State. (B) A high-need local educational agency. (C) A consortium of States. (D) A consortium of high-need local educational agencies. (4) Educational goals The goals that the Secretary shall select to support through grants under this part are 1 or more of the following: (A) Increasing the access of children from low-income families to highly rated teachers and school leaders, including by— (i) developing and implementing a professional growth and improvement system; (ii) improving the effectiveness of teachers (including early childhood education educators) and school leaders, including through high-quality preparation, recruitment, professional development, evaluation, and other personnel policies; and (iii) ensuring that all teachers are prepared to effectively serve the needs of students who are children with disabilities or English learners, particularly through the general education curriculum. (B) Strengthening the availability and use of high-quality and timely data to improve instructional practices, policies, and student outcomes. (C) Implementing— (i) elementary and secondary school academic standards that prepare students to be college and career ready, in accordance with section 1111(a)(1); and (ii) strategies that translate such standards into classroom practice, including in the areas of assessment, instructional materials, and professional development. (D) Turning around the schools served by the eligible entity that are identified through a State's accountability and improvement system under subsection (c) or (d) of section 1116. (E) Creating successful conditions for the creation, expansion, and replication of high-performing public charter schools and the creation of new, innovative, and highly autonomous public schools that will enroll a large percentage of students from low-income families. (F) Providing more equitable State and local resources to high-poverty schools. (G) Improving school readiness by— (i) increasing the number and percentage of children from low-income families, in each age group of infants, toddlers, and preschoolers, who are enrolled in high-quality early childhood education programs; and (ii) designing and implementing an integrated system of high-quality early childhood education programs and services that strengthens the coordination and collaboration among Federal, State, and local early childhood education programs. (b) Duration of grants (1) In general Each grant awarded under this part shall be for a period of not more than 4 years. (2) Requirements for additional funding Before receiving funding under any grant under this part for the second or any subsequent year of the grant, the eligible entity receiving the grant shall demonstrate to the Secretary that the eligible entity is— (A) making progress in implementing the plan under section 5104(a)(3) at a rate that the Secretary determines will result in full implementation of the plan during the remainder of the grant period; and (B) making progress, as measured by the annual performance measures and targets established by the eligible entity under section 5105, at a rate that the Secretary determines will result in reaching the targets and achieving the objectives of the grant, during the remainder of the grant period. (c) Interagency Agreement The Secretary shall establish an interagency agreement with the Secretary of Health and Human Services to jointly administer any grant competition for the goal of improving early childhood education, as described in subsection (a)(4)(G), and any grants issued under such grant competition. 5104. Application process (a) In general Each eligible entity that desires to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. At a minimum, each such application shall include the following: (1) Documentation of the eligible entity’s record, as applicable, in the areas to be measured by the performance measures identified by the Secretary under section 5105(2). (2) Evidence of conditions of innovation and reform that the eligible entity has established and the eligible entity's plan for implementing additional conditions for innovation and reform, including— (A) a description of how the eligible entity has identified and eliminated ineffective practices in the past, and its plan for doing so in the future; (B) a description of how the eligible entity has identified and promoted effective practices in the past, and its plan for doing so in the future; and (C) steps the eligible entity has taken and will take to eliminate statutory, regulatory, procedural, or other barriers to facilitate the full implementation of its proposed plan under paragraph (3). (3) A comprehensive and coherent plan for using funds under this part, and other Federal, State, and local funds, to improve the eligible entity's performance on the performance measures identified under section 5105(2), including how the applicant will implement reforms and innovative strategies to achieve the goals selected by the Secretary under section 5103(a)(2). (4) In the case of an eligible entity that is described in subparagraph (A) or (C) of section 5103(a)(3), evidence of collaboration among the eligible entity, local educational agencies in the State (including the local educational agencies participating in carrying out the plan under paragraph (3)), schools that are expected to benefit from the activities under the plan, parents, teachers, and other stakeholders, in developing and implementing the plan, including evidence of the commitment and capacity to implement such plan. (5) In the case of an eligible entity described in subparagraph (B) or (D) of section 5103(a)(3), evidence of the eligible entity's collaboration with its school leaders, teachers, parents, and other stakeholders in developing the plan under paragraph (3), including evidence of the commitment and capacity to implement that plan. (6) The eligible entity’s annual performance measures and targets, in accordance with the requirements of section 5105. (b) Criteria for evaluating applications (1) In general The Secretary shall award grants under this part on a competitive basis, based on the quality of the applications submitted by eligible entities. (2) Publication of explanation The Secretary shall publish an explanation of how the application review process will ensure an equitable, transparent, and objective evaluation. (c) Priority In awarding grants under this part, the Secretary shall— (1) give priority to any eligible entity described in subparagraph (B) or (D) of section 5103(a)(3) that serves a school designated with a school locale code of 33, 41, 42, or 43, as determined by the Secretary; and (2) for any grant competition under this part for the goal of improving early childhood education, as described in section 5103(a)(4)(G), give priority to any eligible entity that provides a full-day kindergarten program to all kindergarten students, or to all kindergarten students from low-income families, served by the eligible entity. 5105. Performance measures Each eligible entity receiving a grant under this part shall establish, subject to approval by the Secretary, annual performance measures and targets for the programs and activities carried out under this part. Such performance measures and targets shall, at a minimum, track the eligible entity's progress in— (1) implementing the plan described in section 5104(a)(3); and (2) making progress on any other performance measure identified by the Secretary. 5106. Uses of funds (a) Use of State grant funds (1) In general Each eligible entity described in subparagraph (A) or (C) of section 5103(a)(3) that receives a grant under this part shall— (A) except as provided in paragraph (3), use not less than 50 percent of the grant funds to award subgrants under paragraph (2) to the local educational agencies that will participate in the plan for any purpose included in the eligible entity's plan described in section 5104(a)(3); and (B) use any amount of the grant not distributed under subparagraph (A) for any purpose included in the eligible entity's plan. (2) Amount of subgrants For a fiscal year, the amount of a subgrant under paragraph (1)(A) for a local educational agency that will participate in the eligible entity's plan shall bear the same relation to the amount available for all such subgrants by the eligible entity for such year, as the amount made available to the local educational agency under part A of title I for the most recent year for which such data are available bears to the total amount made available for such year to all local educational agencies selected to participate in the eligible entity's plan. (3) Exception An eligible entity described in subparagraph (A) or (C) of section 5103(a)(3) that receives a grant under this part for the goal of improving early childhood education, as described in section 5103(a)(4)(G)— (A) shall not be subject to the requirements of paragraph (1)(A); and (B) may use grant funds to award subgrants to public or private nonprofit agencies and organizations for activities consistent with any purpose included in the eligible entity's plan described in section 5104(a)(3). (b) Use of subgrant funds Each local educational agency or public or private nonprofit agency or organization that receives a subgrant under paragraph (1)(A) or (3)(B) of subsection (a) from an eligible entity shall use subgrant funds for any purpose included in the eligible entity's plan described in section 5104(a)(3), subject to any requirements of the eligible entity. (c) Use of high-Need local educational agency grant funds Each eligible entity described in subparagraph (B) or (D) of section 5103(a)(3) that receives a grant under this part shall use such funds for any purpose included in the eligible entity's plan described in section 5104(a)(3). (d) Special rule (1) Limitation on use of Funds Notwithstanding any other provision of this section, grant or subgrant funds under this part shall only be used to fund a program or activity that is an allowable use of funds under another section of this Act (excluding this part and section 8007, as amended by section 8004 of the Strengthening America’s Schools Act of 2013 (2) Limitation of Use of Funds for Early Childhood Education Programs Grant or subgrant funds under this part that are used to improve early childhood education programs shall not be used to carry out any of the following activities: (A) Assessments that provide rewards or sanctions for individual children or teachers. (B) A single assessment that is used as the primary or sole method for assessing program effectiveness. (C) Evaluating children, other than for the purposes of improving instruction, classroom environment, professional development, or parent and family engagement, or program improvement. 5107. Reporting (a) Annual report An eligible entity that receives a grant under this part shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report including, at a minimum— (1) data on the eligible entity’s progress in achieving the targets for the annual performance measures and targets established under section 5105; and (2) a description of the challenges the eligible entity has faced in implementing its program under this part, and how the eligible entity has addressed, or plans to address, such challenges. (b) Local report Each local educational agency and each public or private nonprofit agency or organization that receives a subgrant from an eligible entity under section 5106(a) shall submit to the eligible entity such information as the eligible entity may require to complete the annual report required by subsection (a). . B Investing in innovation 5201. Investing in innovation Part B of title V ( 20 U.S.C. 7221 et seq. B Investing in innovation 5201. Purposes The purposes of this part are to— (1) fund the identification, development, evaluation, and expansion of innovative, research- and evidence-based practices, programs, and strategies in order to significantly— (A) increase student academic achievement and close achievement gaps; (B) increase high school graduation rates; (C) increase college enrollment readiness and rates of college enrollment; (D) improve teacher and school leader effectiveness; and (E) improve school readiness and strengthen collaboration and coordination among elementary schools and early childhood care and education; and (2) support the rapid development, expansion, adoption, and implementation of tools and resources that improve the efficiency, effectiveness, or pace of adoption of such educational practices, programs, and strategies. 5202. Reservations (a) ARPA-ED The Secretary may reserve not more than 30 percent of the funds appropriated under section 3(u) for each fiscal year to carry out the activities of the Advanced Research Projects Agency-Education established under section 221 of the Department of Education Organization Act, except that the amount so reserved for any fiscal year shall not exceed $100,000,000. (b) National activities The Secretary may reserve not more than 5 percent of the funds appropriated under section 3(u) for any fiscal year to carry out activities of national significance. Such activities may include— (1) capacity-building; (2) technical assistance; (3) dissemination of best practices developed with grant funds provided under this part; and (4) carrying out prize awards consistent with section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 (c) Availability of funds Funds for the activities described in subsection (a), and for prize awards under subsection (b)(4), shall be available until expended. 5203. Program authorized; length of grants; priorities (a) Program authorization (1) In general From amounts made available to carry out this part and not reserved under section 5202 for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities. (2) Eligible entity In this part, the term eligible entity (A) a local educational agency or a consortium of local educational agencies; or (B) a partnership between a nonprofit organization or an educational service agency and— (i) 1 or more local educational agencies; or (ii) a consortium of public schools. (b) Duration of grants The Secretary— (1) shall award grants under this part for a period of not more than 3 years; and (2) may extend such grants for an additional 2-year period if the grantee demonstrates to the Secretary that it is making significant progress on the program performance measures identified in section 5206. (c) Rural set-Aside The Secretary shall ensure that not less than 22 percent of the funds awarded under subsection (a) for any fiscal year are for projects that meet both of the following requirements, except that the Secretary shall not be required to make such awards unless a sufficient number of otherwise eligible high quality applications are received: (1) The eligible entity includes— (A) a local educational agency with an urban-centric district locale code of 32, 33, 41, 42, or 43, as determined by the Secretary; (B) a consortium of such local educational agencies; or (C) if the applicant is a partnership, an educational service agency or a nonprofit organization with demonstrated expertise in serving students from rural areas. (2) A majority of the schools to be served by the project are designated with a school locale code of 41, 42, or 43, or a combination of such codes, as determined by the Secretary, and— (A) are served by a local educational agency in which 20 percent or more of the children ages 5 through 17 years old are from families with incomes below the poverty line; (B) are served by a local educational agency in which the total number of students in average daily attendance at all of the schools served by the local educational agency is fewer than 600; or (C) are served by a local educational agency located in a county that has a total population density of fewer than 10 persons per square mile. (d) Priorities In awarding grants under this part, the Secretary shall give priority to an eligible entity that includes, in its application under section 5204, a plan to— (1) address the needs of high-need local educational agencies; (2) improve school readiness; or (3) address the unique learning needs of students who are children with disabilities or English learners. (e) Standards of evidence The Secretary shall set standards for the quality of evidence that an applicant shall provide in order to demonstrate that the activities it proposes to carry out with funds under this part are likely to succeed in improving student outcomes, including, where applicable, academic achievement and graduation rates. These standards shall include the following: (1) Strong evidence that the activities proposed by the applicant will have a statistically significant effect on student outcomes. (2) Moderate evidence that the activities proposed by the applicant will improve outcomes. (3) A rationale based on research findings or a reasonable hypothesis that the activities proposed by the applicant will improve student outcomes. (f) Support for new practices, strategies, or programs (1) In general The Secretary shall ensure that not less than one-half of the funds awarded under subsection (a) for any fiscal year are for projects that— (A) meet an evidence standard described in paragraph (2) or (3) of subsection (e); and (B) do not meet the evidence standard described in paragraph (1) of such subsection. (2) Exception The Secretary shall not be required to make the awards described in paragraph (1) unless a sufficient number of otherwise eligible high-quality applications are received. 5204. Applications Each eligible entity that desires to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. At a minimum, each application shall— (1) describe the project for which the applicant is seeking a grant and how the evidence supporting that project meets the standards of evidence established by the Secretary under section 5203(e); (2) describe how the applicant will address at least 1 of the areas described in section 5205(a)(1); (3) provide an estimate of the number of children that the applicant plans to serve under the proposed project, including the percentage of those children who are from low-income families; (4) demonstrate that the applicant has established 1 or more partnerships with public or private organizations and that the partner or partners will provide matching funds, except that the Secretary may waive the matching funds requirement on a case-by-case basis, upon a showing of exceptional circumstances; (5) describe the applicant’s plan for continuing the proposed project after funding under this part ends; (6) if the applicant is a local educational agency— (A) document the local educational agency’s record during the previous 3 years in— (i) increasing student achievement, including achievement for each subgroup of students described in section 1111(a)(2)(B)(x); and (ii) closing achievement gaps; and (B) demonstrate how the local educational agency has made significant improvements in other outcomes, as applicable, on the performance measures described in section 5206; (7) if the applicant is a partnership that includes a nonprofit organization or educational service agency, provide evidence that the nonprofit organization or educational service agency has helped at least 1 school or local educational agency, during the previous 3 years, significantly— (A) increase student achievement, including achievement for each subgroup of students described in section 1111(a)(2)(B)(x); and (B) close achievement gaps; (8) provide a description of the applicant’s plan for independently evaluating the effectiveness of activities carried out with funds under this part; (9) provide an assurance that the applicant will— (A) cooperate with evaluations, as requested by the Secretary; (B) make data available to third parties for validation and further study; and (C) participate in communities of practice; and (10) if the applicant is a partnership that includes a nonprofit organization or educational service agency that intends to make subgrants, consistent with section 5205(b), provide an assurance that the applicant will apply paragraphs (1) through (9), as appropriate, in its selection of subgrantees and in its oversight of those subgrants. 5205. Uses of funds (a) Uses of funds (1) Mandatory uses Each eligible entity that receives a grant under this part shall carry out the following: (A) Use the grant funds to carry out, at a minimum, 1 of the following activities: (i) Improving the effectiveness of teachers and school leaders and increasing equity in the distribution of effective teachers and school leaders. (ii) Strengthening the use of data to improve teaching and learning. (iii) Providing high-quality instruction based on college and career ready standards and measuring students’ mastery of standards using high-quality assessments aligned with those standards. (iv) Turning around the lowest-performing schools. (v) Improving school readiness for students who are low-income, English learners, or children with disabilities. (vi) Other areas relating to school improvement consistent with the purposes of this part, as determined by the Secretary. (B) Use the grant funds to develop or expand strategies to improve the performance of high-need students on the applicable performance measures described in section 5206. (2) Permissive use of funds Each eligible entity that receives a grant under this part may use the grant funds for an independent evaluation, as required under section 5204(a)(8), of the innovative practice carried out with the grant. (b) Authority To subgrant (1) In general If an eligible entity that receives a grant under this part includes a nonprofit organization or educational service agency, such nonprofit organization or educational service agency may use the grant funds to award subgrants to other entities to provide support to 1 or more schools or local educational agencies. (2) Compliance with requirements of grantees Each entity awarded a subgrant under paragraph (1) shall comply with the requirements of this part relating to grantees, as appropriate. 5206. Performance measures The Secretary shall establish performance measures for the programs and activities carried out under this part. These measures, at a minimum, shall track the grantee’s progress in improving outcomes for each subgroup of students described in section 1111(a)(2)(B)(x) that is served by the grantee, including, as applicable, by— (1) increasing student achievement and decreasing achievement gaps; (2) increasing high school graduation rates; (3) increasing college readiness and rates of college enrollment; (4) improving teacher and school leader effectiveness; (5) improving school readiness; and (6) any other indicator as the Secretary or grantee may determine. 5207. Reporting An eligible entity that receives a grant under this part shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report that includes, among other things, information on the entity's progress on the performance measures established under section 5206, and the data supporting that progress. . C Magnet schools assistance 5301. Findings and purpose Section 5301 (20 U.S.C. 7231) is amended— (1) in subsection (a)— (A) by striking paragraph (2) and inserting the following: (2) The use of magnet schools has increased dramatically since the inception of the magnet schools assistance program under this Act, with more than 1,500,000 students nationwide attending such schools. ; and (B) in paragraph (4), by striking subparagraph (B) and inserting the following: (B) to ensure that all students have equitable access to a high-quality public education that will prepare them to succeed in a highly competitive economy comprised of people from many different racial and ethnic backgrounds; and ; and (2) in subsection (b)— (A) in paragraph (2)— (i) by inserting , particularly whole-school programs, magnet school programs (ii) by striking challenging State academic content standards and student academic achievement standards college and career ready State academic content standards and student academic achievement standards under section 1111(a)(1) (B) by striking paragraphs (3) and (4) and inserting the following: (3) the development and design of evidence-based educational methods and practices that promote diversity and increase high-quality public educational options; (4) courses of instruction within magnet schools that will substantially increase the college and career readiness of students attending such schools; . 5302. Program authorized Section 5303 (20 U.S.C. 7231b) is amended, in the matter preceding paragraph (1), by inserting competitive to award 5303. Applications and requirements Section 5305 ( 20 U.S.C. 7231d (1) by striking subsection (b) and inserting the following: (b) Information and assurances Each application submitted under subsection (a) shall include— (1) a description of— (A) how a grant awarded under this part will be used to— (i) improve student academic achievement for all students and subgroups of students described in section 1111(a)(2)(B)(x) attending the magnet school program; and (ii) promote desegregation, including how the proposed magnet school program will increase interaction among students of different social, economic, ethnic, and racial backgrounds, including the policies, programs, and activities aimed at increasing interaction among such students; (B) (i) a description of the evidence that the magnet school program that the applicant proposes to implement would improve student academic achievement and reduce minority group isolation; or (ii) if such evidence is not available, a rationale, based on current research findings, for how the program would improve student academic achievement and reduce minority group isolation; (C) how the applicant will continue the magnet school program after assistance under this part is no longer available, and, if applicable, an explanation of why magnet schools established or supported by the applicant with grant funds under this part cannot be continued without the use of grant funds under this part; (D) how grant funds under this part will be used— (i) to improve student academic achievement for all students attending the magnet school programs; and (ii) to implement services and activities that are consistent with other programs under this Act, and other Acts, as appropriate; (E) the student application process, and selection criteria, if any, to be used by the proposed magnet school program; (F) how the applicant will conduct outreach and disseminate information about the proposed magnet school program, including the application and selection process, in a timely, clear, and accessible manner to all students and their parents and families and, to the extent practicable, in a language they can understand; and (G) how the applicant will assess, monitor, and evaluate the impact of the activities funded under this part on student academic achievement and integration; and (2) assurances that the applicant will— (A) use grant funds under this part for the purpose specified in section 5301(b); (B) employ highly rated school leaders and teachers in the courses of instruction assisted under this part; (C) not engage in discrimination based on race, religion, color, national origin, sex, or disability in— (i) the hiring, promotion, or assignment of employees of the applicant or other personnel for whom the applicant has any administrative responsibility; (ii) the assignment of students to schools, or to courses of instruction within the schools, of such applicant, except to carry out the approved plan; and (iii) designing or operating extracurricular activities for students; (D) carry out a high-quality education program that will result in greater parent and family decisionmaking and engagement; and (E) give students residing in the local attendance area of the proposed magnet school program equitable consideration for placement in the program, consistent with desegregation guidelines and the capacity of the applicant to accommodate the students. ; and (2) in subsection (c), by striking will be met are being met 5304. Priority Section 5306 ( 20 U.S.C. 7231e (1) have the highest quality applications and demonstrate the greatest need for assistance, based on the expense or difficulty of effectively carrying out approved desegregation plans and the magnet school program for which the grant is sought; (2) propose to carry out new magnet school programs, significantly revise existing magnet school programs, or significantly expand magnet school programs, in a manner that— (A) is aligned with other programs that have demonstrated a record of success in increasing student academic achievement and reducing minority group isolation; or (B) has a strong research basis for improving student academic achievement and reducing minority group isolation; (3) select, or propose to select, students to attend magnet school programs solely or primarily by lottery, rather than through academic examination or other selective enrollment methods; and (4) propose to serve the entire student population of a school. . 5305. Use of funds Section 5307 (20 U.S.C. 7231f) is amended— (1) in subsection (a), by striking paragraphs (1) through (7) and inserting the following: (1) for planning, outreach, and promotional activities directly related to the development, expansion, continuation, or enhancement of academic programs and services offered at magnet schools; (2) for the acquisition of books, educational technology, materials, and equipment necessary to conduct programs in magnet schools; (3) for— (A) the compensation, or subsidization of the compensation, of elementary school and secondary school teachers, leaders, and other instructional staff who are highly rated; and (B) high-quality professional development and staff capacity-building activities, including those designed to recruit, prepare, support, and retain highly rated school teachers, leaders, and other instructional staff; (4) with respect to a magnet school program offered to less than the entire student population of a school, for instructional activities that are designed to make available the special curriculum that is offered by the magnet school program to students who are enrolled in the school but who are not enrolled in the magnet school program; (5) for activities, which may include the formation of partnerships with public or nonprofit organizations, to help enhance the program or promote parent and family decisionmaking and engagement that will build the recipient's capacity to operate magnet school programs once the grant period has ended; (6) to enable the local educational agency, or consortium of such agencies, to have more flexibility in designing magnet schools for students in all grades; and (7) for other operational costs that cannot be met with other State or local sources. ; and (2) in subsection (b), by striking based on the State's challenging academic content standards and student academic achievement standards or directly related to improving student reading skills or knowledge of mathematics, science, history, geography, English, foreign languages, art, or music, or to improving vocational, technological, and professional skills and making sufficient academic growth 5306. Limitations Section 5309 ( 20 U.S.C. 7231h (1) in subsection (a), by striking a period that shall not exceed 3 fiscal years an initial period of not more than 3 fiscal years, and may be renewed for not more than an additional 2 years if the Secretary finds that the grantee is achieving the intended outcomes of the grant and shows improvement in increasing student academic achievement and reducing minority-group isolation, and other indicators of success established by the Secretary (2) in subsection (b)— (A) by striking 50 40 (B) by striking 15 10 5307. Evaluations Section 5310 ( 20 U.S.C. 7231i 5310. Evaluations (a) Impact of activities From the amount reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate the implementation and impact of the activities supported under this part, consistent with section 9601, including— (1) how, and the extent to which, magnet school programs lead to educational quality and improvement; (2) the extent to which magnet school programs enhance student access to a high quality education; (3) the extent to which magnet school programs lead to the elimination, reduction, or prevention of minority group isolation in elementary schools and secondary schools with substantial proportions of minority students; and (4) the extent to which magnet school programs differ from other school programs in terms of the organizational characteristics and resource allocations of such magnet school programs. (b) Dissemination The Secretary shall collect and disseminate to the general public information on successful magnet school programs. . 5308. Availability of funds for grants to agencies not previously assisted Section 5311 ( 20 U.S.C. 7231j 5311. Availability of funds for grants to agencies not previously assisted For any fiscal year for which the amount appropriated pursuant to section 3(v) exceeds $75,000,000, the Secretary shall give priority in using such amounts in excess of $75,000,000 to awarding grants to local educational agencies or consortia of such agencies that did not receive a grant under this part for the preceding fiscal year. . D Public charter schools 5401. Public charter schools Part D of title V (20 U.S.C. 7241 et seq.) is amended to read as follows: D Public charter schools 5401. Purpose The purpose of this part is to support the creation, expansion, and replication of high-performing charter schools that serve the needs and increase the academic achievement of all students. 5402. Distribution of funds From the funds appropriated to carry out this part for a fiscal year— (1) 85 percent shall be available to carry out subpart 1; and (2) 15 percent shall be available to carry out subpart 2. 1 Successful charter schools program 5411. Definitions In this subpart: (1) Charter School The term charter school (A) is governed by a separate and independent board that exercises authority over 1 or more schools, including authority in the areas of governance, personnel, budget, schedule, and instructional program; (B) has ongoing, significant autonomy in the areas of— (i) the hiring, replacement, and salaries of the school staff; (ii) the school budget; (iii) scheduling formats for the school day and school year; (iv) the instructional programs of the school, including instructional models and curricula; and (v) the management and daily operation of the school; (C) in accordance with a specific State statute authorizing the granting of charters to schools, is exempt from significant State or local rules that inhibit the flexible operation and management of public schools, but not from any rules relating to the other requirements of this paragraph; (D) is created by a developer as a public school, or is adapted by a developer from an existing public school, and is operated under public supervision and direction; (E) operates in pursuit of a specific set of educational objectives determined by the school’s developer and agreed to by the charter school authorizer; (F) provides 1 or more programs of elementary education, secondary education, or both, including early childhood education, and may also provide adult education, in accordance with State law; (G) is nonsectarian in its programs, admissions policies, employment practices, and all other operations, and is not affiliated with a sectarian school or religious institution; (H) does not charge tuition; (I) complies with the Age Discrimination Act of 1975, title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, title II of the Americans with Disabilities Act of 1990, and part B of the Individuals with Disabilities Education Act; (J) is a school to which parents choose to send their children, and that admits students on the basis of a lottery if more students apply for admission than can be accommodated, except as modified by the Secretary by regulation in accordance with clause (iv) or (v) of section 1116(d)(4)(B); (K) complies with the same Federal and State audit requirements as do other elementary schools, secondary schools, and early childhood education and adult education programs, as applicable, in the State, unless such requirements are specifically waived for the purpose of this program; (L) meets all applicable Federal, State, and local health and safety requirements; (M) operates in accordance with State law; and (N) has a written performance contract with a charter school authorizer that includes— (i) a description of how student performance will be measured on the basis of— (I) State assessments that are required of other public schools; and (II) any other assessments that are mutually agreeable to the charter school authorizer and the charter school; (ii) a requirement that student academic achievement and growth, consistent with section 1111, for the students enrolled at the school as a whole and for each subgroup described in section 1111(a)(3)(D) will be used as a primary factor in decisions about the renewal or revocation of the charter, in addition to other criteria, as appropriate; (iii) the student academic achievement and growth, consistent with section 1111, and student retention goals, and, in the case of a high school, graduation rate goals for the students enrolled at the school as a whole and for each subgroup described in section 1111(a)(3)(D), and any other goals to be achieved by the end of the contract period; (iv) the obligations and responsibilities of the charter school and the charter school authorizer; and (v) a description of the autonomy that will be granted to the charter school in each area described under subparagraph (B). (2) Charter School Authorizer The term charter school authorizer (3) Developer The term developer (A) has applied for, or been granted, a charter for a charter school; or (B) has received authorization to start a charter school. (4) Eligible Entity The term eligible entity (A) a State educational agency; (B) a local educational agency, except a charter school that is considered a local educational agency under State law; (C) a charter school authorizer; or (D) a charter management organization. (5) Expand The term expand (6) High-performing charter school The term high-performing charter school (A) in the case of a charter school that was not open or did not enroll students in the preceding school year, a charter school that has a written performance contract with a charter school authorizer that includes, for the students enrolled at the school as a whole and for each subgroup described in section 1111(a)(3)(D) for the most recent year for which such data are available— (i) student academic achievement and growth goals (as measured, in the case of a charter school that is an elementary school or secondary school, by performance on the statewide academic assessments required under section 1111(a)(2) and individual academic growth, consistent with section 1111(a)) that are higher than the average student academic achievement and growth results, consistent with section 1111, in demographically similar schools in the State; (ii) student retention goals that are similar to, or greater than, the average student retention rates in demographically similar schools in the State; and (iii) if the charter school is a high school, goals for graduation rates, rates of student enrollment at institutions of higher education, and rates of student persistence at institutions of higher education that are higher than such average rates in demographically similar schools in the State; or (B) in the case of a charter school that was open and enrolled students for the preceding school year, a charter school that has, for the students enrolled at the school as a whole and for each subgroup described in section 1111(a)(3)(D) for the most recent year for which such data are available— (i) student academic achievement and growth results (as measured, in the case of a charter school that is an elementary school or secondary school, by performance on the statewide academic assessments required under section 1111(a)(2) and individual academic growth, consistent with section 1111) that are significantly higher than the average student academic achievement and growth results, consistent with section 1111, in demographically similar schools in the State; (ii) student retention rates that are similar to or higher than the average student retention rates in demographically similar schools in the State; and (iii) if the school is a high school, higher graduation rates, rates of student enrollment at institutions of higher education, and rates of student persistence at institutions of higher education than such average rates in demographically similar schools in the State. (7) Replicate The term replicate 5412. Program authorized (a) In general From the amount available to carry out this subpart, the Secretary shall award grants, on a competitive basis, to eligible entities to enable such eligible entities to award subgrants to developers to create, expand, or replicate 1 or more high-performing charter schools, including through conversion of an existing public school into a charter school. (b) Allocations The Secretary shall use not less than 25 percent of funds to award grants to eligible entities described in 5411(4)(A). (c) Considerations In awarding grants under this subpart, the Secretary shall consider— (1) the geographic diversity of the eligible entities, including the distribution of grants among urban, suburban, and rural areas; and (2) the number of eligible entities in a State that are receiving grants under this subpart in any fiscal year. (d) Grant amount (1) In determining the amount of each grant to be awarded under subsection (a), the Secretary shall consider— (A) the number of operating charter schools under the jurisdiction or in the service area of the eligible entity; (B) to the extent practicable, the number of students, including students on charter school waiting lists, that will be served by high-performing charter schools that receive funds under this subpart; and (C) the amount of funds that is needed to implement the activities described in the approved application. (e) Duration (1) In general Each grant awarded under this subpart shall be for an initial period of not more than 3 years. (2) Renewal The Secretary may renew a grant awarded under this subpart for an additional period of not more than 2 years, if the eligible entity is achieving the objectives of the grant and has shown improvement on the performance measures and targets described in section 5417(a). (f) Limitations (1) Grants An eligible entity described under subparagraph (A) of section 5411(4) may not receive more than 1 grant at a time under this section. (2) Subgrants A developer may not receive more than 1 grant or subgrant at a time under this section. (g) Reservations (1) Administrative Expenses An eligible entity that receives a grant under this subpart may use not more than a total of 5 percent of grant funds for administrative expenses associated with the grant, including for improvement of the eligible entity’s oversight or management of charter schools. (2) Improving authorizer quality An eligible entity described in subparagraph (A), (B), or (C) of section 5411(4) shall use 5 percent of grant funds for improving authorizer quality, including charter school oversight and monitoring systems and procedures for revoking or not renewing charters. (h) Waiver The Secretary may waive a statutory or regulatory requirement over which the Secretary exercises administrative authority, except a requirement described in section 5411(1), if— (1) the waiver is requested in an approved application under this subpart; and (2) the Secretary determines that granting the waiver will promote the purpose of this subpart. 5413. Applications (a) In general Each eligible entity desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. (b) Contents (1) Eligible entities At a minimum, the application described in subsection (a) shall include a description of — (A) how the eligible entity will use grant funds to create, expand, or replicate 1 or more high-performing charter schools; (B) the need for the high-performing charter schools that the eligible entity seeks to support, including information that demonstrates the interest of parents and communities in increasing charter school enrollment capacity, such as the number of students who are on waiting lists for charter schools under the jurisdiction of the eligible entity; (C) the performance measures the eligible entity will use to measure outcomes; (D) how the eligible entity will provide information and support to parents, families, and students regarding the available charter school options in a simple, clear, and easily accessible format and, to the extent practicable, in a language that such parents, families, and students can understand; (E) how the eligible entity will coordinate the grant funds received under this subpart with other Federal, State, and local funds; (F) how the eligible entity will ensure that each charter school within such eligible entity's jurisdiction or service area— (i) meets the requirements of section 5411(1); and (ii) provides equitable access and effectively serves the needs of all students, including children with disabilities and English learners, and implements outreach and recruitment practices that include families of such students; (G) how the eligible entity will award subgrants to developers, on a competitive basis and through a high-quality review process, including a description of the subgrant application; (H) how the eligible entity will target subgrants to high-performing charter schools that plan to serve students who attend schools that have been identified through the State accountability and improvement system described in section 1116; (I) the eligible entity's record, if applicable, of success in creating, expanding, replicating, managing, and overseeing high-performing charter schools, and closing unsuccessful schools; (J) how the eligible entity will hold charter schools within such eligible entity's jurisdiction accountable if such schools do not meet the objectives specified in the performance contract described in section 5411(1)(N), including by closing unsuccessful schools; and (K) how charter school authorizers are approved, monitored, held accountable for establishing rigorous standards, periodically reviewed, and re-approved in the State in which the eligible entity operates, based on the performance of the charter schools that such charter school authorizers authorize, including in the areas of student safety, financial management, and compliance with all applicable statutes and regulations. (2) State educational agencies Each eligible entity described in section 5411(4)(A) shall include in the application described in paragraph (1) (in addition to the requirements of such paragraph), the following: (A) A description of the State’s laws, policies, or procedures, if applicable, that address— (i) how decisions are made to close unsuccessful charter schools, and how student academic achievement and growth, consistent with section 1111, for all students and for each subgroup of students described in section 1111(a)(3)(D), is a primary factor in such decisions; (ii) how charter schools are monitored and held accountable for— (I) meeting the requirements described in section 5411(1); and (II) providing equitable access and effectively serving the needs of all students, including students with disabilities and English learners; and (iii) how a charter school that is considered a local educational agency under State law, or a local educational agency in which a charter school is located, will comply with subsections (a)(5) and (e)(1)(B) of section 613 of the Individuals with Disabilities Education Act. (B) Information about the eligible entity’s record of funding charter schools, including funding charter school facilities. (C) Information about the number of charter schools in the State that— (i) have been closed or have had charters revoked or not renewed in the preceding 5-year period, and the reasons for such closures, revocations, or nonrenewals; (ii) have been identified, through the State accountability and improvement system, as focus schools or priority schools under subsection (c) or (d) of section 1116 in the preceding 5-year period; (iii) have met objectives specified in the performance contract described in section 5411(1)(N); and (iv) the charter school authorizer has authorized that are high-performing charter schools, and the percentage of such charter schools as compared to the total number of charter schools that the charter school authorizer has authorized. (3) Local educational agencies Each eligible entity described in section 5411(4)(B) shall include in the application described in paragraph (1) (in addition to the requirements described in such paragraph), a description of the eligible entity’s policies and procedures for— (A) ensuring that charter schools under the jurisdiction of such eligible entity have equitable access to school facilities and school facilities financing; (B) complying with subsections (a)(5) and (e)(1)(B) of section 613 of the Individuals with Disabilities Education Act; and (C) supporting public school choice. (4) Charter school authorizers Each eligible entity described in section 5411(4)(C) shall include in the application described in paragraph (1) (in addition to the requirements of such paragraph), the following: (A) A demonstration that the eligible entity has explicit and clear policies and procedures in place for the approval, monitoring, renewal, and closure of charter schools, and an assurance that such policies and procedures make student academic achievement and growth, consistent with section 1111, for all students and for each subgroup of students described in section 1111(a)(3)(D), a primary factor in such decisions. (B) A description of how the eligible entity will make publicly available (in a clear and uniform format, a timely manner, and a form that is easily accessible, and, to the extent practicable, in a language that families and students can understand)— (i) information about the criteria and procedures for granting, denying, revoking, and renewing charters for charter schools; and (ii) the results of decisions relating to the granting, denial, revocation, and renewal of charters for charter schools, including performance data and other relevant information on which each decision is based. (C) Information about the number of charter schools that the charter school authorizer has authorized in each of the following categories: (i) Charter schools that have been closed or have had charters revoked or not renewed by the eligible entity in the preceding 5-year period, and the reasons for such closures, revocations, or nonrenewals. (ii) Charter schools that have been identified as focus schools or priority schools under subsection (c) or (d) of section 1116 through the State accountability and improvement system. (iii) Charter schools that have met objectives specified in the performance contract described in section 5411(1)(N). (iv) Charter schools that are high-performing charter schools, and the percentage of such charter schools as compared to the total number of charter schools that the charter school authorizer has authorized. (5) Charter management organizations Each eligible entity described in section 5411(4)(D) shall include in the application described in paragraph (1) (in addition to the requirements of such paragraph), a description of— (A) the qualifications of such eligible entity's management team; and (B) a multi-year financial and operating model for each of the high-performing charter schools that such eligible entity will create, expand, or replicate under the grant. (6) Special rule In the case of a developer that plans to open a charter school in a jurisdiction or service area where no eligible entity will be awarding subgrants under this subpart for the fiscal year for which the developer applies, the Secretary may award a grant to such developer if such developer has an approved application that includes the requirements described in subparagraphs (A) through (F) of paragraph (1) and paragraph (5). The requirements of subsections (b) and (c) of section 5416 and section 5417(c) shall apply to a developer receiving a grant under this paragraph in the same manner as such sections apply to a developer receiving a subgrant under section 5416, except that the developer shall submit the data under section 5417(c) directly to the Secretary. 5414. Selection criteria; priority (a) Selection Criteria (1) In General In awarding grants to eligible entities under this subpart, the Secretary shall consider— (A) the quality of the eligible entity's application; (B) the eligible entity’s record, if applicable, of success in creating, expanding, replicating, managing, and overseeing high-performing charter schools; (C) the eligible entity’s record of discontinuing funding or closing low-performing charter schools, including, as applicable, by revoking or not renewing the charters of such charter schools, and the eligible entity’s commitment to discontinuing funding or closing low-performing charter schools in the future; (D) the extent to which the eligible entity demonstrates that such eligible entity will award subgrants targeted to serving students who attend schools that have been identified as focus schools or priority schools under subsection (c) or (d) of section 1116 through the State accountability and improvement system; (E) the quality of the eligible entity’s plan for supporting subgrant recipients, through such activities as technical assistance, directly or through grants, contracts, or cooperative agreements, in order to— (i) improve student academic achievement and growth, consistent with section 1111, for all students and for each subgroup of students described in section 1111(a)(3)(D); and (ii) promote effective outreach to, and recruitment of, students who are children with disabilities and students who are English learners, and the parents and families of such students; and (F) the extent to which the State in which the eligible entity operates provides for and enforces high-quality standards for charter school authorizers, including by establishing standards for rigorous and periodic reviews. (2) State Educational Agencies In the case of an applicant that is an eligible entity described in section 5411(4)(A), in addition to the elements described in paragraph (1), the Secretary shall also consider the extent to which such eligible entity— (A) ensures that charter schools receive equitable funding compared to other public schools in the State, and a commensurate share of Federal, State, and local revenues compared to public schools in the State, including equitable State funding to support early childhood education programs operated by charter schools in the State, in accordance with State law; and (B) provides charter schools with equitable access to funds for facilities (which may include funds for leasing or purchasing facilities or for making tenant improvements), assistance for facilities acquisition, access to public facilities, the ability to share in the proceeds of bonds and levies, or other support related to facilities. (3) Local educational agencies In the case of an applicant that is an eligible entity described in section 5411(4)(B) (except for a charter school that is considered a local educational agency under State law), in addition to the elements described in paragraph (1), the Secretary shall also consider— (A) if charter schools are operating within the area served by such eligible entity, the extent to which the eligible entity has policies and procedures in place to ensure that— (i) charter schools have equitable access to school facilities; or (ii) charter schools are not denied access to available public school facilities; and (B) the extent to which the eligible entity demonstrates support for public school choice. (4) Charter School Authorizers In the case of an applicant that is an eligible entity described in section 5411(4)(C), in addition to the elements described in paragraph (1), the Secretary shall also consider the eligible entity’s record of success in authorizing and supporting high-performing charter schools. (5) Charter management organizations In the case of an applicant that is an eligible entity described in section 5411(4)(D), in addition to the elements described in paragraph (1), as applicable, the Secretary shall also consider— (A) the quality of the eligible entity’s management team; and (B) the quality and sustainability of the eligible entity’s multi-year financial and operating model. (b) Priority (1) Students from low-income families In awarding grants under this subpart, the Secretary shall give priority to eligible entities that propose to create, expand, or replicate high-performing charter schools that plan to enroll a large percentage of students from low-income families. (2) Diversity In awarding grants under this subpart, the Secretary may give priority to eligible entities that propose to create, expand, or replicate a high-performing charter school that will have a diverse student population. (3) State educational agencies In the case of an applicant that is an eligible entity described in section 5411(4)(A), the Secretary shall give priority to such eligible entities— (A) from States that do not have a law that prohibits, or effectively inhibits, increasing the number of high-performing charter schools in the State; (B) from States that— (i) provide for, and adequately support, 2 or more charter school authorizers, of which not less than 1 is a statewide charter school authorizer; or (ii) in the case of a State in which local educational agencies are the only charter school authorizers— (I) allow for an appeals process through which developers have an opportunity to appeal a denial to another authorizer that will issue a final determination regarding whether or not to grant the developer a charter; and (II) require charter school authorizers to indicate an affirmative interest in serving as charter school authorizers; and (C) that have a policy or procedure in place that ensures that— (i) charter schools are reauthorized or have their charter renewed not less than once every 5 years; and (ii) charter schools submit independently audited financial statements to the authorizer. 5415. Uses of funds (a) Required uses of funds Each eligible entity receiving a grant under section 5412(a) shall— (1) use not less than 95 percent of the remaining grant funds, after the reservations made under section 5412(g), to award subgrants to 1 or more developers, as described in section 5416, to enable such developers to create, expand, or replicate 1 or more high-performing charter schools (which may include opening new schools or converting existing schools into charter schools) in the area served by the eligible entity or under the jurisdiction of the eligible entity; (2) in awarding subgrants, give priority to developers that propose to create, expand, or replicate a high-performing charter school in which a large percentage of the students enrolled are from low-income families; (3) provide developers who are receiving a subgrant with support and technical assistance in— (A) improving student academic achievement and growth, consistent with section 1111; (B) effectively serving the needs of all students, including students who are children with disabilities and students who are English learners; and (C) implementing outreach and recruitment practices that includes families of students who are children with disabilities and English learners; (4) directly, or through a partnership with a nonprofit organization (such as a community-based organization), develop and implement parent, family, and student information, outreach, and recruitment programs to provide information and support to parents, families, and students about the public school choice options available to them, including students who are children with disabilities and students who are English learners, in a simple, clear, and easily accessible format and, to the extent practicable, in a language that such parents, families, and students can understand. (b) Permissible use of funds Each eligible entity receiving a grant under section 5412(a) may use not more than 2.5 percent of grant funds to disseminate information to public schools in the eligible entity's jurisdiction or service area about lessons learned through the grant activities, in order to— (1) successfully address the education needs of all students, including students who are children with disabilities and students who are English learners; and (2) replicate high-performing charter school models. 5416. Subgrants (a) Applications Each developer that desires to receive a subgrant under this subpart shall submit an application to the appropriate eligible entity at such time, in such form, and including such information and assurances as the eligible entity may reasonably require, which shall include the information required under subparagraphs (A) through (F) of paragraph (1) and paragraph (5) of section 5413(b). (b) Use of funds A developer that receives a subgrant under this subpart shall use such subgrant funds to create, expand, or replicate 1 or more high-performing charter schools, which may include carrying out the following activities: (1) If necessary, carrying out not more than 12 months of planning and program design, unless such developer demonstrates the need for an additional planning period of not more than 3 months. (2) Recruiting and providing preparation, induction, and professional development for teachers, school leaders, and other staff who will work in a charter school that is supported by the developer. (3) Acquiring necessary equipment, supplies, and educational materials, including curricula, assessments, and instructional materials. (4) Professional development and implementation of systems for the delivery of appropriate services for students who are children with disabilities and students who are English learners, including through centralizing, purchasing, or sharing the provision of such services with other organizations. (5) Develop transportation systems to provide transportation to students to and from the school. (6) Paying operational costs for a charter school that cannot be met through State or local funding sources. (7) Directly, or through a partnership with a nonprofit organization (including a community-based organization), developing and implementing parent, family, and student information and outreach programs to provide information and support to parents, families, and students about each charter school, in a simple, clear, and easily accessible format and, to the extent practicable, in a language that the parents, families, and students can understand. (8) Developing and implementing effective outreach and recruitment strategies to inform families of students who are children with disabilities and students who are English learners about the charter school, the charter school admissions process, and the charter school's plan to effectively provide appropriate educational and related services to such students. (9) Evaluating and disseminating information, including through technical assistance, about the effectiveness of the activities supported by the subgrant. (c) Limitations Not more than 1 percent of subgrant funds may be used to carry out the activities described in subsection (b)(9). 5417. Performance measures; reports (a) Performance Measures and Targets Each eligible entity receiving a grant under this subpart shall establish performance measures and annual targets, approved by the Secretary, for the charter schools that are created, expanded, or replicated with funds provided through a grant or subgrant under this subpart. Such measures and targets shall include, at a minimum, in the aggregate and disaggregated by each subgroup of students described in section 1111(a)(3)(D)— (1) the number of students enrolled in each charter school; (2) the number of students enrolled in each high-performing charter school; (3) the number of students enrolled in each high-performing charter school who were formerly attending a school that has been identified as a focus school or priority school under subsection (c) or (d) of section 1116 through the State accountability and improvement system; (4) student academic achievement and growth, consistent with section 1111, including, if applicable, performance on the State academic assessments required under section 1111(a)(2), and student growth consistent with section 1111; (5) student retention rates; (6) in the case of a public charter school that is a secondary school, student graduation rates, and student rates of enrollment and persistence in institutions of higher education; and (7) other measures required by the Secretary. (b) Reports Each eligible entity receiving a grant under this subpart shall annually prepare and submit a report to the Secretary containing the information described under subsection (a). (c) Developers Each developer receiving a subgrant under this subpart from an eligible entity shall provide the eligible entity with the data necessary to comply with the requirements of this section. 5418. Federal formula allocation during first year and for successive enrollment expansions (a) In general For purposes of the allocation to schools by the States or their agencies of funds under part A of title I, and any other Federal funds which the Secretary allocates to States on a formula basis, the Secretary and each State educational agency shall take such measures as are necessary to ensure that every charter school receives the Federal funding for which the charter school is eligible not later than 5 months after the charter school first opens, notwithstanding the fact that the identity and characteristics of the students enrolling in that charter school are not fully and completely determined until that charter school actually opens. The measures similarly shall ensure that every charter school expanding its enrollment in any subsequent year of operation receives the Federal funding for which the charter school is eligible not later than 5 months after such expansion. (b) Adjustment and late openings (1) In general The measures described in subsection (a) shall include provision for appropriate adjustments, through recovery of funds or reduction of payments for the succeeding year, in cases where payments made to a charter school on the basis of estimated or projected enrollment data exceed the amounts that the school is eligible to receive on the basis of actual or final enrollment data. (2) Rule For charter schools that first open after November 1 of any academic year, the State, in accordance with guidance provided by the Secretary and applicable Federal statutes and regulations, shall ensure that such charter schools that are eligible for the funds described in subsection (a) for such academic year have a full and fair opportunity to receive those funds during the charter schools' first year of operation. 5419. Records transfer State educational agencies and local educational agencies receiving funds under part A of title I or any other Federal funds from the Secretary, shall, in the most timely manner possible and to the extent practicable, ensure that a student's records and, if applicable, a student's individualized education program as defined in section 602 of the Individuals with Disabilities Education Act, are transferred to a charter school upon the transfer of the student to the charter school, and to another public school upon the transfer of the student from a charter school to another public school, in accordance with applicable State law. 5420. National activities From funds made available under this subpart for each fiscal year, the Secretary may reserve not more than 5 percent for national activities to carry out (directly or through grants, contracts that use a competitive bidding process, or cooperative agreements) research, development, data collection, technical assistance, outreach, and dissemination activities, including— (1) research, technical assistance, and other activities to assist eligible entities receiving a grant under this subpart, and other eligible entities in improving the entity's capacity to— (A) create, expand, replicate, operate, or support high-performing charter schools that meet the needs of, and improve the outcomes for, all students, including students who are children with disabilities and students who are English learners; (B) support charter school authorizers to improve quality through the adoption of research-based policies and procedures and increased capacity; and (C) work to turn around schools that have been identified as focus schools or priority schools under subsection (c) or (d) of section 1116 through the State accountability and improvement system; (2) providing for the research and dissemination of information about specific charter school models and program characteristics for which there is strong evidence of a significant impact on improving student academic achievement and growth, consistent with section 1111, for all students, including students who are children with disabilities and English learners; (3) developing and implementing activities that help parents, families, students, and the community identify and access high-performing charter schools; (4) providing for the collection of information regarding the financial resources available to charter schools (including access to private capital) and widely disseminating to charter schools any such relevant information and model descriptions of successful programs; and (5) carrying out other related activities. 2 Charter school facility acquisition, construction, and renovation 5431. Purpose The purpose of this subpart is to provide grants to eligible entities to improve access to facilities and facilities financing for high-performing charter schools and assist such schools to address the cost of acquiring, constructing, and renovating facilities. 5432. Definitions In this subpart: (1) Eligible entity The term eligible entity (A) a State educational agency; (B) a local educational agency, except a charter school that is considered a local educational agency under State law; (C) a nonprofit entity; (D) a State financing authority; or (E) a consortium of entities described in any of subparagraphs (A) through (D). (2) High-performing charter school The term high-performing charter school (3) Per-Pupil Facilities Aid Program The term per-pupil facilities aid program (A) that is specified in State law; (B) that provides annual financing, on a per-pupil basis, for charter school facilities; and (C) in which a State makes payments, on a per-pupil basis, to charter schools to provide such schools with financing— (i) that is dedicated solely for funding charter school facilities; or (ii) a portion of which is dedicated for funding charter school facilities. 5433. Grants to eligible entities (a) Credit enhancement grants The Secretary shall use not less than 65 percent of the amount available to carry out this subpart to award grants on a competitive basis to eligible entities to enable such eligible entities to demonstrate innovative credit enhancement methods of assisting high-performing charter schools to access private sector capital to address the cost of acquiring, constructing, and renovating facilities by enhancing the availability of loans or bond financing. (b) Other facilities grants The Secretary shall use the remainder of the amount available to carry out this subpart to award grants on a competitive basis to eligible entities to— (1) improve access to facilities and facilities financing for high-performing charter schools, through methods that may include— (A) leveraging State and local facilities funds, including the cost of implementing school bond programs that include high-performing charter schools; (B) implementing open-facilities-access programs or making available renovated or adapted space for high-performing charter schools; and (C) assisting with constructing or improving, at low cost, facilities for high-performing charter schools through innovative methods; and (2) support an eligible entity described in section 5432(1)(A) in the establishment, enhancement, and administration of a per-pupil facilities aid program through Federal payments that shall be not more than— (A) 90 percent of the cost, for the first fiscal year for which the program receives assistance under this subsection; (B) 80 percent in the second such year; (C) 60 percent in the third such year; (D) 40 percent in the fourth such year; and (E) 20 percent in the fifth such year. (c) State Share of Per-Pupil Facilities Aid Program A State receiving a grant under subsection (b)(2) may partner with 1 or more organizations to provide not more than 50 percent of the State share of the cost of establishing, enhancing, or administering the per-pupil facilities aid program. (d) Grant amount In determining the amount of each grant to be awarded under this subpart, the Secretary shall consider— (1) the quality of the application submitted under section 5435; (2) the number of students that are served or may be served by high-performing charter schools that would receive assistance under the grant program; and (3) the amount of funds that is needed to implement the activities described in the approved application. (e) Supplement not supplant Funds made available under this section shall be used to supplement, and not supplant, State and local public funds expended to provide programs for charter schools. 5434. Charter school objectives An eligible entity receiving a grant under this subpart shall use the funds to assist 1 or more high-performing charter schools to accomplish 1 or both of the following objectives: (1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue the operation of a charter school. (2) The construction of new facilities, or the renovation, repair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school. 5435. Applications; selection criteria (a) In general Each eligible entity desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. (b) Contents An application submitted under subsection (a) shall include— (1) a description of the activities that the eligible entity proposes to carry out using funds received under this subpart; (2) a demonstration that the eligible entity will consider the quality of a charter school when determining— (A) which charter schools will receive assistance under this subpart; (B) how much grant assistance will be provided to each charter school; and (C) the type of assistance that each charter school will receive; (3) a description of the eligible entity’s record of successfully carrying out the activities that such eligible entity proposes to carry out; (4) if applicable, the eligible entity’s record of leveraging private-sector funding and a description of how the proposed activities will leverage the maximum amount of private-sector financing capital relative to the amount of government funding; (5) an explanation of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success of a charter school for which facilities financing is sought; (6) in the case of an application submitted by an eligible entity that includes 1 or more State or local educational agencies, a description of the agency's policies and procedures for ensuring that charter schools have equitable access to school facilities; and (7) such other information as the Secretary may reasonably require. (c) Selection Criteria In awarding grants under this subpart, the Secretary shall consider— (1) the quality of the eligible entity's application; (2) the extent to which the eligible entity proposes to support high-performing charter schools that plan to enroll a large percentage of students from low-income families; (3) the extent to which the eligible entity proposes to support high-performing charter schools that plan to enroll a large percentage of students who attend schools that have been identified as focus schools or priority schools under subsection (c) or (d) of section 1116 through the State accountability and improvement system; (4) the geographic diversity of the eligible entities, including the distribution of grants between urban and rural areas; and (5) the number of eligible entities in a State that are receiving grants under this subpart in any fiscal year. 5436. Reserve account (a) Use of funds To assist charter schools with addressing the cost of acquiring, constructing, and renovating facilities and accessing facilities and facilities financing, an eligible entity receiving a grant under section 5433(a) shall, in accordance with State and local law, directly or indirectly, alone or in collaboration with others, deposit the funds received under this subpart (other than funds used for administrative costs in accordance with section 5437) in a reserve account established and maintained by the eligible entity for this purpose. Amounts deposited in such account shall be used by the eligible entity for 1 or more of the following purposes: (1) Guaranteeing, insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests therein, the proceeds of which are used for an objective described in section 5434. (2) Guaranteeing and insuring leases of personal and real property for an objective described in section 5434. (3) Facilitating financing by identifying potential lending sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of, charter schools. (4) Facilitating the issuance of bonds by charter schools, or by other public entities for the benefit of charter schools, by providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue). (b) Investment Funds received under this subpart and deposited in the reserve account established under subsection (a) shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities. (c) Reinvestment of earnings Any earnings on funds received under this subpart shall be deposited in the reserve account established under subsection (a) and used in accordance with such subsection. 5437. Limitation on administrative costs An eligible entity may use not more than 2.5 percent of the funds received under this subpart for the administrative costs of carrying out its responsibilities under this subpart. 5438. Audits and reports (a) Financial record maintenance and audit The financial records of each eligible entity receiving a grant under this subpart shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an independent public accountant. (b) Reports (1) Grantee annual reports Each eligible entity receiving a grant under this subpart annually shall submit to the Secretary a report of its operations and activities under this subpart. (2) Contents Each annual report submitted under paragraph (1) shall include— (A) a copy of the most recent financial statements, and any accompanying opinion on such statements, prepared by the independent public accountant reviewing the financial records of the eligible entity; (B) a copy of any report made on an audit of the financial records of the eligible entity that was conducted under subsection (a) during the reporting period; (C) if applicable, an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under this subpart in leveraging private funds; (D) a listing and description of the charter schools served during the reporting period and the performance of such charter schools in increasing student achievement and growth, consistent with section 1111; (E) a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in section 5434; and (F) a description of the characteristics of lenders and other financial institutions participating in the activities undertaken by the eligible entity under this subpart during the reporting period, if applicable. (3) Secretarial report The Secretary shall review the reports submitted under paragraph (1) and shall provide a comprehensive annual report to Congress on the activities conducted under this subpart. 5439. No full faith and credit for grantee obligations No financial obligation of an eligible entity entered into pursuant to this subpart (such as an obligation under a guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit of the United States is not pledged to the payment of funds which may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this subpart. 5440. Recovery of funds (a) In general The Secretary, in accordance with chapter 37 (1) all of the funds in a reserve account established by an eligible entity under section 5436(a) if the Secretary determines, not earlier than 2 years after the date on which the eligible entity first received funds under this subpart, that the eligible entity has failed to make substantial progress in carrying out the purposes described in such section; or (2) all or a portion of the funds in a reserve account established by an eligible entity under section 5436(a) if the Secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such account to accomplish any purpose described in such section. (b) Exercise of authority The Secretary shall not exercise the authority provided in subsection (a) to collect from any eligible entity any funds that are being properly used to achieve 1 or more of the purposes described in section 5436(a). (c) Procedures The provisions of sections 451, 452, and 458 of the General Education Provisions Act shall apply to the recovery of funds under subsection (a). (d) Construction This section shall not be construed to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act. . E Voluntary public school choice 5501. Voluntary public school choice Title V ( 20 U.S.C. 7201 et seq. E Voluntary public school choice programs 5501. Grants (a) Authorization From funds made available to carry out this part, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the entities to establish or expand a program of public school choice (referred to in this part as a program (b) Duration Grants awarded under subsection (a) may be awarded for a period of 3 years and may be renewed for not more than an additional 2 years if the Secretary finds that the grantee is achieving the objectives of the grant. 5502. Uses of funds (a) Required use of funds An eligible entity that receives a grant under this part shall use the grant funds to establish or expand inter- or intra-district public school choice programs for students attending the lowest-performing schools that enable those students to attend high-quality public elementary schools and secondary schools, including charter schools. (b) Permissible uses of funds An eligible entity that receives a grant under this part may use the grant funds for— (1) planning or designing a program (for not more than 1 year); (2) transportation services to and from high-quality schools for participating students; (3) improving public school finance systems to allow school funding to follow students, including tuition transfer payments to high-quality public elementary schools or secondary schools to which students transfer under the program; (4) capacity-enhancing activities that enable high-quality public elementary schools or secondary schools to accommodate transfer requests under the program; (5) public education and recruitment campaigns to inform students attending the lowest-performing schools and their parents about the program and to facilitate their participation; and (6) other costs reasonably necessary to implement the program, such as the development of lottery systems. (c) Nonpermissible uses of funds An eligible entity that receives a grant under this part may not use the grant funds for school construction. (d) Administrative expenses The eligible entity may use not more than 5 percent of the funds made available through a grant under this part for any fiscal year for administrative expenses. 5503. Applications (a) Submission An eligible entity that desires a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents An application submitted under subsection (a) shall include a comprehensive plan that describes— (1) the activities to be carried out; (2) how the activities— (A) will increase access to high-quality schools for students attending the lowest-performing schools; (B) will increase the student academic achievement and student growth of students participating in the grant activities, including English learners and students with disabilities; and (C) if applicable, will increase diversity within a school or local educational agency; (3) how students will be selected to participate in grant activities, including the design and implementation of a lottery system if the program is oversubscribed, and how students and parents will be informed of their opportunity to participate; (4) how the program will be coordinated with and leverage other related Federal and non-Federal funding and programs; (5) how the applicant will continue to implement the plan after the period of the grant has expired; (6) if the activities required under section 5505(a)(2) are to be carried out in partnership with a public or other nonprofit organization, a description of the organization’s experience, capacity, responsibilities, and how the eligible entity will monitor the public or other nonprofit organization’s effectiveness in carrying our such activities; and (7) such other information as the Secretary may require. (c) Selection criteria In selecting grantees under this part, the Secretary shall consider— (1) the quality of the applicant’s comprehensive plan; (2) the extent to which the applicant can demonstrate that its grant activities will increase student academic achievement and student growth for students participating in the grant activities, including English learners and students with disabilities; and (3) the extent to which the applicant can demonstrate that its grant activities will ensure that parents and students are informed of the program, in a clear and uniform format and, to the extent practicable, in a language that the parents and students can understand, to increase the likelihood that parents will have their children participate in the grantee's program. 5504. Priorities In awarding grants under this part, the Secretary shall give priority to an eligible entity that proposes to— (1) establish or expand an inter-district choice program that serves a large percentage of students from low-income families; and (2) establish or expand a program that will increase diversity. 5505. Requirements and voluntary participation (a) Parent and community involvement and notice In carrying out a program under this part, an eligible entity shall carry out the following: (1) Develop the program with— (A) the involvement of parents and other education stakeholders in the community to be served; and (B) individuals who will carry out the program, including administrators, teachers, principals, and other staff. (2) Develop and carry out the following activities, alone or in partnership with a public or other nonprofit organization that has a record of success in implementing such activities: (A) Disseminating timely and accurate information about the program to parents of students attending the lowest-performing schools, in a clear and uniform format and, to the extent practicable, in a language that they can understand, including through the use of a variety of effective and innovative outreach approaches, such as by sending customized letters to each family about available programs. (B) Providing education and training to parents of students attending the lowest-performing schools to enable the parents to use the information provided under subparagraph (A) in their decisions about their children’s education. (b) Selection of students An eligible entity that receives a grant under this part shall select students to participate in a program on the basis of a lottery, if more students apply for admission to the program than can be accommodated. (c) Voluntary participation Student participation in a program funded under this part shall be voluntary. (d) Performance measures (1) In general Each eligible entity awarded a grant under this part shall establish performance measures and targets that— (A) are approved by the Secretary; (B) are implemented for each program established or expanded with funds provided under this part; and (C) at a minimum, track— (i) the number of students participating; (ii) the participating students’ academic achievement and student growth; (iii) in the case of participating high school students, their graduation rates; (iv) the extent to which students in schools participating in the programs or schools funded under this part are being educated in diverse schools and classrooms; and (v) any other measure required by the Secretary. (2) Reports Each eligible entity awarded a grant under this part shall annually report to the Secretary on its performance on the measures and targets established under paragraph (1), and shall provide that information both in the aggregate and disaggregated for each subgroup of students described in section 1111(a)(2)(B)(x). 5506. Evaluations From the amount reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate the implementation and impact of the activities supported under this part, consistent with section 9601, including— (1) how, and the extent to which, the programs promote educational equity and excellence; (2) the characteristics of the students participating in the programs; and (3) the effect of the programs on the academic achievement and student growth of students participating in the programs both in the aggregate and disaggregated for each subgroup of students described in section 1111(a)(2)(B)(x). 5507. Definitions In this part: (1) Charter school The term charter school (2) Eligible entity The term eligible entity (A) 1 or more high-need local educational agencies applying with 1 or more other local educational agencies; or (B) a State educational agency applying with 1 or more high-need local educational agencies. (3) Lowest-performing school The term lowest-performing school . VI Promoting flexibility; rural education 6101. Promoting flexibility Title VI (20 U.S.C. 7301 et seq.) is amended— (1) by striking the title heading and inserting the following: Promoting Flexibility; Rural Education (2) by striking part A and inserting the following: A Transferability 6101. Transferability of funds (a) Transfers by states (1) Authority to transfer Except as provided in paragraph (2), in accordance with this part, a State may transfer up to 100 percent of the State funds allotted to the State for a fiscal year for use for State-level activities described in this Act that are carried out as part of a grant program in which funds for the grant are distributed by a formula to 1 or more other State formula grant programs under this Act for such fiscal year. (2) Prohibition against transferring funds out certain titles A State may not transfer, pursuant to paragraph (1), any funds that originate in title I or III out of such respective title. (b) Transfers by local educational agencies (1) Authority to transfer Except as provided in paragraph (2), in accordance with this part, a local educational agency may transfer 100 percent of the funds allocated to it for a fiscal year for use for local-level activities described in this Act that are carried out as part of a grant program in which funds for the grant are distributed by a formula to 1 or more other local educational agency formula grant programs under this Act for such fiscal year. (2) Prohibition against transferring funds out of certain titles A local educational agency may not transfer, pursuant to paragraph (1), any funds that originate in title I, III, part A of title VII, or VIII out of such respective title. (3) Special rule with respect to rural districts Except as provided in paragraph (2), a local educational agency that is eligible to receive assistance under part B may transfer 100 percent of the funds allocated to it for a fiscal year for use for local-level activities described in this Act that are carried out as part of a grant program in which funds for the grant are distributed by a formula to 1 or more other local educational agency formula grant programs under this Act for such fiscal year or to carry out activities under a grant program in which funds for the grant are distributed by formula to States. (c) Applicable rules (1) In general Except as otherwise provided in this part, funds transferred pursuant to this section are subject to each of the rules and requirements applicable to the funds under the provision to which the transferred funds are transferred. (2) Consultation Each State educational agency or local educational agency that transfers funds under this section shall conduct consultations in accordance with section 9501, if such transfer transfers funds from a program that provides for the participation of students, teachers, or other educational personnel, from private schools. . 6102. Rural education Part B of title VI ( 20 U.S.C. 7341 et seq. (1) by striking section 6211; (2) by redesignating sections 6212 and 6213 as sections 6211 and 6212, respectively; (3) in section 6211, as redesignated by paragraph (2)— (A) in the section heading, by striking Grant (B) in subsection (a), by striking activities authorized activities consistent with section 6101(b). (C) in subsection (b)— (i) in paragraph (1)— (I) by striking paragraph (3) paragraphs (3) and (4) (II) by striking section 6211(b) subsection (d) (III) by striking section 6211(c) subpart 2 of part A of title II (ii) by striking paragraph (2) and inserting the following: (2) Determination of initial amount (A) In General The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000. (B) Appropriation more than $211,723,832 Notwithstanding subparagraph (A), if the appropriation for this part is more than $211,723,832, a grant under this part shall not be less than $25,000, and the initial amount may not exceed $80,000. ; and (iii) by inserting after paragraph (3) the following: (4) Coalitions of like school districts (A) In General Notwithstanding paragraph (1) and subject to subparagraph (B), in the case of a local educational agency that is eligible under subsection (d) and is comprised of 3 or more like school districts, the Secretary shall award a grant under subsection (a) to such a local educational agency for a fiscal year in an amount equal to the difference between— (i) the initial amount determined under paragraph (2) for the fiscal year; and (ii) the quotient that is obtained by dividing— (I) the total amount received by the agency under the provisions of law described in subpart 2 of part A of title II for the preceding fiscal year; by (II) the sum of— (aa) the number of constituent districts that comprise such local educational agency; plus (bb) the product of— (BB) the number of constituent school districts within such local educational agency; and (CC) 4,000. (B) Limitation Notwithstanding subparagraph (A), no local educational agency shall receive more than $60,000 under this paragraph. . (D) by redesignating subsection (d) as subsection (e); (E) by inserting after subsection (c) the following: (d) Eligibility (1) In general A local educational agency shall be eligible for a grant under this section if— (A) (i) (I) the total number of students in average daily attendance at all of the schools served by the local educational agency is fewer than 600; (II) in the case of a local educational agency described in paragraph (4) of subsection (b), the total number of students in average daily attendance at all schools served by the local educational agency is fewer than the product of— (aa) 600; and (bb) the number of constituent school districts within the local educational agency; or (III) each county or locale in which a school served by the local educational agency is located has a total population density of fewer than 10 persons per square mile; and (ii) each of the schools served by the local educational agency is designated with a school locale code of 32, 33, 41, 42, or 43, as determined by the Secretary; or (B) the agency meets at least 1 of the criteria established in subparagraph (A)(i) and the Secretary, in accordance with paragraph (2), grants the State educational agency’s request to waive the criterion described in subparagraph (A)(ii). (2) Certification The Secretary shall determine whether to waive the criterion described in paragraph (1)(A)(ii) based on a demonstration by the local educational agency, and with the concurrence of the State educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State. ; and (F) by striking subsection (e), as redesignated by subparagraph (D), and inserting the following: (e) Special Eligibility Rule A local educational agency may receive grant funding under subpart 1 or subpart 2, but may not receive grant funding under both such subparts. ; (4) by striking section 6212, as redesignated by paragraph (2), and inserting the following: 6212. Academic achievement assessments Each local educational agency that uses or receives funds under this subpart for a fiscal year shall administer assessments that are consistent with section 1111(a)(2). ; (5) in section 6221— (A) in subsection (a)(1), by striking under section 6234 for to carry out (B) in subsection (b)(1)(B), by striking 6, 7, or 8, 33, 41, 42, or 43, (C) in subsection (c)— (i) in the matter preceding paragraph (1), by striking under section 6234 for to carry out (ii) in paragraph (1), by striking Bureau of Indian Affairs Bureau of Indian Education (6) in section 6222, by striking subsection (a) and inserting the following: (a) Local Awards Grant funds awarded to local educational agencies under this subpart shall be used to carry out local-level activities consistent with section 6101(b). ; (7) in section 6224— (A) in subsection (c)— (i) in the matter preceding paragraph (1), by striking “the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate” and inserting “the authorizing committees”; and (ii) by striking local educational agencies and schools (2) how local educational agencies and schools ; (B) in subsection (d)— (i) in the subsection heading, by striking “ Assessment Assessments (ii) by striking an assessment that is consistent with section 1111(b)(3) assessments that are consistent with section 1111(a)(2) (C) by striking subsection (e); (8) by striking section 6234; (9) by redesignating sections 6231 through 6233 as sections 6232 through 6234, respectively; (10) by inserting before section 6232, as redesignated by paragraph (9), the following: 6231. Choice of participation If a local educational agency is eligible for funding under subpart 1 and subpart 2 of this part, such local educational agency may choose to participate in either subpart 1 or subpart 2. ; (11) in section 6232, as redesignated by paragraph (9)— (A) in subsection (a), by striking 6212 6211 (B) in subsection (b)— (i) by striking under section 6212 or subpart 2 under this part (ii) by striking under this section under this part (12) in section 6233, as redesignated by paragraph (9), by striking subpart 1 or subpart 2 this part 6103. General provisions Title VI (20 U.S.C. 7301 et seq.) is amended by striking part C. VII Indian, Native Hawaiian, and Alaska Native education A Indian education 7101. Purpose Section 7102 ( 20 U.S.C. 7402 7102. Purpose It is the purpose of this part to support the efforts of local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities— (1) to ensure the academic achievement of American Indian and Alaska Native students by meeting their unique cultural, language, and educational needs, consistent with section 1111(a); (2) to ensure that Indian and Alaska Native students gain knowledge and understanding of Native communities, languages, tribal histories, traditions, and cultures; and (3) to ensure that principals, teachers, and other staff who serve Indian and Alaska Native students have the ability to provide culturally appropriate and effective instruction to such students. . 1 Formula grants to local educational agencies 7111. Formula grant purpose Section 7111 (20 U.S.C. 7421) is amended to read as follows: 7111. Purpose (a) Purpose It is the purpose of this subpart to support the efforts of local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities to improve the academic achievement of American Indian and Alaska Native students by meeting their unique cultural, language, and educational needs. (b) Programs This subpart carries out the purpose described in subsection (a) by authorizing programs of direct assistance for— (1) meeting the unique educational and culturally related academic needs of Indians and Alaska Natives, including gaining knowledge of Native American languages, history, traditions, and cultures; (2) the education of Indian children and adults; (3) the training of Indian persons as educators and counselors, and in other professions serving Indian people; and (4) research, evaluation, data collection, and technical assistance. . 7112. Grants to local educational agencies, tribes, and Indian organizations Section 7112 ( 20 U.S.C. 7422 (1) in subsection (a), by striking and Indian tribes , Indian tribes, and Indian organizations (2) in subsection (b)(2), by striking a reservation an Indian reservation (3) by striking subsection (c) and inserting the following: (c) Indian tribes and Indian organizations (1) In general If a local educational agency that is otherwise eligible for a grant under this subpart does not establish a committee under section 7114(c)(5) for such grant, an Indian tribe, an Indian organization, or a consortium of such entities, that represents more than one-half of the eligible Indian children who are served by such local educational agency may apply for such grant. (2) Unaffiliated Indian tribes An Indian tribe that operates a school and is not affiliated with either the local educational agency or the Bureau of Indian Education shall be eligible to apply for a grant under this subpart. (3) Special rule (A) In general The Secretary shall treat each Indian tribe, Indian organization, or consortium of such entities applying for a grant pursuant to paragraph (1) or (2) as if such tribe, Indian organization, or consortium were a local educational agency for purposes of this subpart . (B) Exceptions Notwithstanding subparagraph (A), such Indian tribe, Indian organization, or consortium shall not be subject to the requirements of subsections (b)(7) or (c)(5) of section 7114 or section 7118(c) or 7119. (4) Assurance to serve all Indian children An Indian tribe, Indian organization, or consortium of such entities that is eligible to apply for a grant under paragraph (1) shall include, in the application required under section 7114, an assurance that the entity will use the grant funds to provide services to all Indian students served by the local educational agency. (d) Indian community-Based organization (1) In general If no local educational agency pursuant to subsection (b), and no Indian tribe, Indian organization, or consortium pursuant to subsection (c), applies for a grant under this subpart, an Indian community-based organization serving the community of the local educational agency may apply for such grant. (2) Applicability of special rule The Secretary shall apply the special rule in subsection (c)(3) to a community-based organization applying or receiving a grant under paragraph (1) in the same manner as such rule applies to an Indian tribe, Indian organization, or consortium. (3) Definition of Indian community-based organization In this subsection, the term Indian community-based organization (A) is composed primarily of Indian parents and community members, tribal government education officials, and tribal members from a specific community; (B) assists in the social, cultural, and educational development of Indians in such community; (C) meets the unique cultural, language, and academic needs of Indian students; and (D) demonstrates organizational capacity to manage the grant. (e) Consortia (1) In general A local educational agency, Indian tribe, or Indian organization that meets the eligibility requirements under this section may form a consortium with other eligible local educational agencies, Indian tribes, or Indian organizations for the purpose of obtaining grants and operating programs under this subpart. (2) Requirements for local educational agencies in consortia In any case where 2 or more local educational agencies that are eligible under subsection (b) form or participate in a consortium to obtain a grant, or operate a program, under this subpart, each local educational agency participating in such a consortium shall— (A) provide, in the application submitted under section 7114, an assurance that the eligible Indian children served by such local educational agency will receive the services of the programs funded under this subpart; and (B) agree to be subject to all requirements, assurances, and obligations applicable to a local educational agency receiving a grant under this subpart. . 7113. Amount of grants Section 7113 (20 U.S.C. 7423) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking Bureau of Indian Affairs Bureau of Indian Education (ii) by striking $3,000 $10,000 (B) in paragraph (3), by striking $4,000 $15,000 (2) in subsection (d)— (A) in the subsection heading, by striking Bureau of Indian Affairs Bureau of Indian Education (B) in paragraph (1)(A)(i), by striking the Bureau of Indian Affairs the Bureau of Indian Education (C) in paragraph (2), by striking section 7114(c)(4) section 7114(c)(5) (3) in subsection (e), by striking under section 7152(a) to carry out this subpart 7114. Applications (a) In general Section 7114 (20 U.S.C. 7424) is amended— (1) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by striking is consistent with supports (II) by inserting , tribal, State (ii) in subparagraph (B), by striking such goals such goals, to ensure such students meet the same college and career ready State academic achievement standards under section 1111(a)(1) for all children; (B) by striking paragraph (3) and inserting the following: (3) explains how the local educational agency will use the funds made available under this subpart to supplement other Federal, State, and local programs that meet the needs of such students; ; (C) in paragraph (5)— (i) in subparagraph (A), by striking and (ii) by adding at the end the following: (C) the parents of Indian children, and representatives of Indian tribes, on the committee described in subsection (c)(5) will participate in the planning of the professional development materials; ; (D) in paragraph (6)— (i) in subparagraph (B)— (I) in clause (i), by striking subsection (c)(4); and subsection (c)(5); (II) by adding at the end the following: (iii) the Indian tribes whose children are served by the local educational agency; and ; and (ii) in subparagraph (C), by striking the period at the end and inserting ; and (E) by adding at the end the following: (7) describes— (A) the formal process the local educational agency used to collaborate with Indian tribes located in the community in the development of the comprehensive programs; and (B) the actions taken as a result of the collaboration. ; (2) in subsection (c)— (A) in paragraph (1), by striking the education of Indian children, and not to supplant such funds services and activities consistent with those described in this subpart, and not to supplant such funds (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; (C) by inserting after paragraph (1) the following: (2) the local educational agency will use funds received under this subpart only for activities described and authorized under this subpart; ; (D) in paragraph (3), as redesignated by subparagraph (B)— (i) in subparagraph (A), by striking and (ii) in subparagraph (B)— (I) by inserting , as measured by the State academic assessments required under section 1111(a)(2), high school graduation rates, and other academic outcomes as appropriate, effective (II) by inserting and (iii) by adding at the end the following: (C) determine the extent to which such activities address the unique cultural, language, and educational needs of Indian students; ; (E) in paragraph (4)(C), as redesignated by subparagraph (B)— (i) by inserting representatives of Indian tribes with reservations located within 50 miles of any of the schools that have Indian children in any such school, Indian children and teachers (ii) by striking and (F) in paragraph (5), as redesignated by subparagraph (B)— (i) by inserting and family members parents (ii) in subparagraph (A)— (I) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (II) by inserting after clause (i) the following: (ii) representatives of Indian tribes with reservations located within 50 miles of any of the schools that have children in any such school; ; (iii) in subparagraph (B), by adding or representatives of Indian tribes described in subparagraph (A)(ii) children (iv) in subparagraph (D)— (I) in clause (i), by striking and (II) by adding at the end the following: (iii) determined that the program will directly enhance the educational experience of Indian and Alaska Native students; ; (v) in subparagraph (E), by striking the period at the end and inserting a semicolon; and (vi) by adding at the end the following: (F) that shall determine the extent to which the activities of the local educational agency will address the unique cultural, language, and education needs of Indian students; and (G) that shall determine the extent to which grant funds will directly enhance the educational experiences of American Indian students; ; and (G) by adding at the end the following: (6) the local educational agency will coordinate activities under this title with other Federal programs supporting educational and related services administered by such agency; and (7) the local educational agency conducted outreach to parents and family members to meet the requirements under subsection (c)(5). ; and (3) by adding at the end the following: (d) Outreach The Secretary shall monitor the applications for grants under this subpart to identify eligible local educational agencies and schools operated by the Bureau of Indian Education that have not applied for such grants, and shall undertake appropriate outreach activities to encourage and assist eligible entities to submit applications for such grants. (e) Technical assistance The Secretary shall, directly or by contract, provide technical assistance to a local educational agency upon request (in addition to any technical assistance available under other provisions of this Act or available through the Institute of Education Sciences) to support the services and activities provided under this subpart, including technical assistance for— (1) the development of applications under this subpart; (2) improvement in the quality of implementation, content, and evaluation of activities supported under this subpart; and (3) integration of activities under this subpart with other educational activities carried out by the local educational agency. . 7115. Authorized services and activities Section 7115 ( 20 U.S.C. 7425 (1) in subsection (a)— (A) by adjusting the margin of paragraph (1) to align with paragraphs (2) and (3); and (B) in paragraph (1), by inserting solely for the services and activities described in such application section 7114(a) (2) in subsection (b)— (A) by redesignating paragraphs (1) through (11) as paragraphs (2) through (12), respectively; (B) by inserting before paragraph (2), as redesignated by subparagraph (A), the following: (1) activities that support Native American language immersion programs and Native American language restoration programs, which may be taught by traditional leaders; ; (C) in paragraph (3), as redesignated by subparagraph (A), by striking early childhood high-quality early education (D) in paragraph (4), as redesignated by subparagraph (A), by striking challenging State academic content and student academic achievement standards college and career ready State academic content and student academic achievement standards under section 1111(a) (E) by striking paragraph (5), as redesignated by subparagraph (A), and inserting the following: (5) integrated educational services in combination with other programs to meet the unique needs of Indian children and their families, including programs that promote parental involvement— (A) in school activities; and (B) to increase student achievement; ; (F) by striking paragraph (7), as redesignated by subparagraph (A), and inserting the following: (7) activities to educate individuals so as to prevent violence, suicide, and substance abuse; ; (G) by striking paragraphs (10) and (11), as redesignated by subparagraph (A), and inserting the following: (10) activities that incorporate culturally and linguistically relevant curriculum content into classroom instruction that is responsive to the unique learning styles of Indian and Alaska Native children to ensure that such children are better able to meet the student academic achievement standards, consistent with section 1111(a); (11) family literacy activities; ; (H) in paragraph (12), as redesignated by subparagraph (A), by striking children children; and (I) by adding at the end the following: (13) dropout prevention strategies and strategies— (A) to meet the educational needs of at-risk Indian students in correctional facilities; and (B) to support Indian students who are transitioning from such facilities to schools served by local educational agencies. ; (3) in subsection (c)— (A) in paragraph (1)— (i) by striking section 7114(c)(4) section 7114(c)(5) (ii) by striking ; and (B) in paragraph (2), by striking the period and inserting ; and (C) by adding at the end the following: (3) the local educational agency identifies in its application how the use of such funds in a schoolwide program will produce benefits to the Indian students that would not be achieved if the funds were not used in a schoolwide program. ; and (4) by adding at the end the following: (e) Limitation on use of funds Funds provided to a grantee under this subpart may not be used for long-distance travel expenses for training activities available locally or regionally. . 7116. Integration of services authorized Section 7116 ( 20 U.S.C. 7426 (1) in subsection (d)(9), by striking section 7114(c)(4) section 7114(c)(5) (2) in subsection (g), in the matter preceding paragraph (1)— (A) by striking the No Child Left Behind Act of 2001 the Strengthening America's Schools Act of 2013 (B) by inserting the Secretary of Health and Human Services, the Secretary of the Interior, (C) by inserting and coordination providing for the implementation (3) by striking subsection (o) and inserting the following: (o) Report on statutory obstacles to, and best practices for, program integration (1) In General Not later than 3 years after the date of enactment of the Strengthening America's Schools Act of 2013, the Secretary of Education shall submit a report to the authorizing committees, the Committee on Indian Affairs of the Senate, and the Committee on Natural Resources of the House of Representatives on the results of the implementation of the demonstration projects authorized under this section. (2) Contents Such report shall identify— (A) statutory barriers to the ability of participants to integrate more effectively their education and related services to Indian students in a manner consistent with the objectives of this section; and (B) the best practices for program integration that result in increased student proficiency, graduation rates, and other relevant academic outcomes for Indian and Alaska Native students. . 7117. Student eligibility forms Section 7117 ( 20 U.S.C. 7427 (1) in subsection (b)(1)— (A) in subparagraph (A)(ii), by inserting or membership enrollment (B) in subparagraph (B), by inserting or membership enrollment (2) by striking subsections (d) and (e) and inserting the following: (d) Documentation and types of proof (1) Types of proof For purposes of determining whether a child is eligible to be counted for the purpose of computing the amount of a grant award under section 7113, the membership of the child, or any parent or grandparent, of the child, in a tribe or band of Indians (as so defined) may be established by proof other than an enrollment number, notwithstanding the availability of an enrollment number for a member of such tribe or band. Nothing in subsection (b) shall be construed to require the furnishing of an enrollment number. (2) No new or duplicate determinations Once a child is determined to be an Indian eligible to be counted for such grant award, the local educational agency shall maintain a record of such determination and shall not require a new or duplicate determination to be made for such child for a subsequent application for a grant under this subpart. (3) Previously filed forms An Indian student eligibility form that was on file as required by this section on the day before the date of enactment of the Strengthening America's Schools Act of 2013 and that met the requirements of this section, as this section was in effect on the day before the date of enactment of such Act, shall remain valid for such Indian student. ; (3) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; (4) in subsection (f), as redesignated by paragraph (3), by striking the Bureau of Indian Affairs the Bureau of Indian Education (5) by inserting after subsection (f), as redesignated by paragraph (3), the following: (g) Technical assistance The Secretary shall, directly or through contract, provide technical assistance to a local educational agency upon request, in addition to any technical assistance available under section 1116 or available through the Institute of Education Sciences, to support the services and activities described under this section, including for the— (1) development of applications under this section; (2) improvement in the quality of implementation, content of activities, and evaluation of activities supported under this subpart; (3) integration of activities under this title with other educational activities established by the local educational agency; and (4) coordination of activities under this title with programs administered by each Federal agency providing grants for the provision of educational and related services. . 2 Special programs and projects to improve educational opportunities for Indian children and youth 7121. Special programs and projects to improve educational opportunities for Indian children and youth Subpart 2 of part A of title VII is amended by inserting and youth children 7122. Improvement of educational opportunities for Indian children and youth Section 7121 ( 20 U.S.C. 7441 (1) in the heading, by adding and youth children (2) in subsection (a), by inserting and youth children (3) in subsection (c)— (A) by inserting and youth children (B) in paragraph (1)— (i) in subparagraph (D), by inserting emotional, social, (ii) by striking subparagraph (G) and inserting the following: (G) high-quality early childhood education programs that are effective in preparing young children to be making sufficient academic growth by the end of grade 3, including kindergarten and prekindergarten programs, family-based preschool programs that emphasize school readiness, screening and referral, and the provision of services to Indian children and youth with disabilities; ; (iii) in subparagraph (K), by striking family literacy services family literacy activities (iv) in subparagraph (L), by striking qualified tribal elders and seniors; or traditional leaders; (v) in subparagraph (M), by striking the period at the end and inserting ; or (vi) by adding at the end the following: (N) other services that meet the purpose described in this section. ; (C) in paragraph (2), by striking Professional development of High-quality professional development of (4) in subsection (d)— (A) in paragraph (1)(C), by striking make a grant payment for a grant described in this paragraph to an eligible entity after the initial year of the multi-year grant only if the Secretary determines award grants for an initial period of not more than 3 years and may renew such grants for not more than an additional 2 years if the Secretary determines (B) in paragraph (3)(B)— (i) in clause (i), by striking parents of Indian children and representatives of Indian tribes family members of Indian children and youth and official representatives designated by the Indian tribes (ii) in clause (iii)— (I) by striking information evidence (II) by striking scientifically based evidence-based (5) by adding at the end the following: (f) Continuation Notwithstanding any other provision of this section, a grantee that is carrying out activities pursuant to a grant awarded under this section prior to the date of enactment of the Strengthening America's Schools Act of 2013 may continue to carry out such activities under such grant in accordance with the terms of that grant award. . 7123. Professional development for teachers and education professionals Section 7122 ( 20 U.S.C. 7442 (1) in subsection (a), by striking paragraphs (1) and (2) and inserting the following: (1) to increase the number of qualified Indian teachers and administrators serving Indian students; (2) to provide training to qualified Indian individuals to become educators; and ; (2) in subsection (d), by adding at the end the following: (3) Continuation Notwithstanding any other provision of this section, a grantee that is carrying out activities pursuant to a grant awarded under this section prior to the date of enactment of the Strengthening America's Schools Act of 2013 may continue to carry out such activities under such grant in accordance with the terms of that award. ; (3) by striking subsection (e) and inserting the following: (e) Application Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require. At a minimum, an application under this section shall describe how the eligible entity will— (1) recruit qualified Indian individuals, such as students who may not be of traditional college age, to become teachers or principals; (2) use funds made available under the grant to support the recruitment, preparation, and professional development of Indian teachers or principals in local educational agencies that serve a high proportion of Indian students; and (3) assist participants in meeting the requirements under subsection (h). ; (4) by striking subsection (g) and inserting the following: (g) Grant period The Secretary shall award grants under this section for an initial period of not more than 3 years, and may renew such grants for not more than an additional 2 years if the Secretary finds that the grantee is achieving the objectives of the grant. ; and (5) in subsection (h)(1)(A), by striking clause (ii) and inserting the following: (ii) in a local educational agency that serves a high proportion of Indian students; or . 3 National activities 7131. National activities Subpart 3 of part A of title VII ( 20 U.S.C. 7451 et seq. (1) in section 7131— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking under section 7152(b) to carry out this subpart (ii) in paragraph (1), by striking the education improving the academic achievement and development (iii) by striking paragraph (2); (iv) by redesignating paragraph (3) as paragraph (2); (v) in paragraph (2), as redesignated by clause (iv), by striking Indians; and Indian students; (vi) by inserting after paragraph (2), as redesignated by clause (iv), the following: (3) provide technical assistance and logistical support to grantees under this subpart; and ; and (B) by striking subsection (c) and inserting the following: (c) Coordination Research activities supported under this section— (1) shall be coordinated with appropriate offices within the Department; and (2) may include collaborative research activities that are jointly funded and carried out by the Bureau of Indian Education and the Institute of Education Sciences. ; (2) by striking sections 7132, 7133, 7134, 7135, and 7136; and (3) by adding at the end the following: 7132. Improvement of academic success for students through Native American language (a) Purpose It is the purpose of this section to improve educational opportunities and academic achievement of Indian and Alaska Native students through Native American language programs and to foster the acquisition of Native American language. (b) Definition of eligible entity In this section, the term eligible entity (c) Grants authorized The Secretary shall award grants to eligible entities to enable such entities to carry out the following activities: (1) Native American language programs that— (A) provide instruction through the use of a Native American language for not less than 10 children for an average of not less than 500 hours per year per student; (B) provide for the involvement of parents, caregivers, and families of students enrolled in the program; (C) utilize, and may include the development of, instructional courses and materials for learning Native American languages and for instruction through the use of Native American languages; (D) provide support for professional development activities; and (E) include a goal of all students achieving— (i) fluency in a Native American language; and (ii) academic proficiency in mathematics, English, reading or language arts, and science. (2) Native American language restoration programs that— (A) provide instruction in not less than 1 Native American language; (B) provide support for professional development activities for teachers of Native American languages; (C) develop instructional materials for the programs; and (D) include the goal of increasing proficiency and fluency in not less than 1 Native American language. (d) Application (1) In general An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Certification An eligible entity that submits an application for a grant to carry out the activity specified in subsection (c)(1), shall include in such application a certification that assures that such entity has experience and a demonstrated record of effectiveness in operating and administering a Native American language program or any other educational program in which instruction is conducted in a Native American language. (e) Grant duration The Secretary shall make grants under this section only on a multi-year basis. Each such grant shall be for a period not to exceed 5 years. (f) Definition In this section, the term average (g) Administrative costs (1) In general Except as provided in paragraph (2), not more than 5 percent of the funds provided to a grantee under this section for any fiscal year may be used for administrative purposes. (2) Exception An elementary school or secondary school for Indian students that receives funds from a recipient of a grant under subsection (c) for any fiscal year may use not more than 10 percent of the funds for administrative purposes. 7133. Improving State and tribal education agency collaboration The Secretary, in consultation with the Director of the Bureau of Indian Education, shall conduct a study of the relationship among State educational agencies, local educational agencies, and other relevant State and local agencies, and tribes or tribal representatives to— (1) identify examples of best practices in collaboration among those entities that result in the provision of better services to Indian students; and (2) provide recommendations on— (A) State educational agency functions that tribal educational agencies could perform; (B) areas and agency functions in which greater State educational agency and tribal education agency collaboration is needed; and (C) other steps to reducing barriers to serving Indian students, especially such students who are at risk of academic failure. . 4 Federal administration 7141. National Advisory Council on Indian Education Section 7141(b)(1) ( 20 U.S.C. 7471(b)(1) and the Secretary of the Interior advise the Secretary 5 Definitions; authorization of appropriations 7151. Definitions; authorization of appropriations Subpart 5 of part A of title VII (20 U.S.C. 7491 et seq.) is amended— (1) in the subpart heading, by striking ; Authorizations of Appropriations (2) by striking section 7152; and (3) in section 7151— (A) by striking paragraph (2); (B) by redesignating paragraph (3) as paragraph (2); and (C) by adding at the end the following: (3) Traditional leaders The term traditional leaders . B Native Hawaiian education; Alaska Native education 7201. Native Hawaiian education and Alaska Native education Title VII ( 20 U.S.C. 7401 et seq. (1) in part B, by striking the part heading and inserting the following: Native Hawaiian education; Alaska Native education (2) by inserting before section 7201 the following: 1 Native Hawaiian education ; (3) in section 7201, by striking part subpart (4) by redesignating part C as subpart 2 of part B; and (5) in subpart 2 of part B, as redesignated by paragraph (4), by striking the heading and inserting Alaska Native education 1 Native Hawaiian education 7202. Findings Section 7202 ( 20 U.S.C. 7512 7202. Findings Congress finds the following: (1) Native Hawaiians are a distinct and unique indigenous people with a historical continuity to the original inhabitants of the Hawaiian archipelago, whose society was organized as a nation and internationally recognized as a nation by the United States, and many other countries. (2) Native Hawaiians have a cultural, historic, and land-based link to the indigenous people who exercised sovereignty over the Hawaiian Islands. (3) The political relationship between the United States and the Native Hawaiian people has been recognized and reaffirmed by the United States, as evidenced by the inclusion of Native Hawaiians in many Federal statutes. (4) In 1993, 2005, and 2009, the Kamehameha Schools Bishop Estate released the findings of the Native Hawaiian Educational Assessment Project, which found that despite the successes of the programs established under title IV of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988, many of the same educational needs still existed for Native Hawaiians. (5) The percentage of Native Hawaiian students served by the State of Hawaii Department of Education rose 30 percent from 1980 to 2008, and there are and will continue to be geographically rural, isolated areas with a high Native Hawaiian population density. (6) The Native Hawaiian people are determined to preserve, develop, and transmit to future generations their ancestral territory and their cultural identity in accordance with their own spiritual and traditional beliefs, customs, practices, language, and social institutions. (7) The State of Hawaii, in the constitution and statutes of the State of Hawaii— (A) reaffirms and protects the unique right of the Native Hawaiian people to practice and perpetuate their culture and religious customs, beliefs, practices, and language; (B) recognizes the traditional language of the Native Hawaiian people as an official language of the State of Hawaii, which may be used as the language of instruction for all subjects and grades in the public school system; and (C) promotes the study of the Hawaiian culture, language, and history by providing a Hawaiian education program and using community expertise as a suitable and essential means to further the program. . 7203. Purposes Section 7203 ( 20 U.S.C. 7513 7203. Purposes The purposes of this subpart are to— (1) develop, implement, assess, expand, and evaluate innovative educational programs, Native Hawaiian language medium programs, Native Hawaiian culture-based education programs, and other education programs to improve the academic achievement of Native Hawaiian students by meeting their unique cultural and language needs to help such students meet college and career ready State academic content and student academic achievement standards adopted under section 1111(a)(1); (2) provide guidance to appropriate Federal, State, and local agencies to more effectively and efficiently focus resources, including resources made available under this subpart, on the development and implementation of— (A) innovative educational programs for Native Hawaiian students; (B) rigorous and substantive Native Hawaiian language programs; and (C) Native Hawaiian culture-based educational programs; and (3) create a system by which information from programs funded under this subpart will be collected, analyzed, evaluated, reported, and used in decision making activities with respect to the types of grants awarded under this subpart. . 7204. Native Hawaiian Education Council Section 7204 ( 20 U.S.C. 7514 7204. Native Hawaiian Education Council (a) Grant authorized (1) In general In order to better effectuate the purposes of this subpart through the coordination of educational and related services and programs available to Native Hawaiian students, including those programs receiving funding under this subpart, the Secretary shall award a grant to an education council, as described in subsection (b). (2) Duration of grant A grant under this section shall be for a period of 5 years. (3) Funding For each fiscal year, the Secretary shall use the amount described in section 7205(h)(1) to make a payment under the grant. Funds made available through the grant shall remain available until expended. (b) Composition (1) Eligibility To be eligible to receive the grant under subsection (a), the council shall be an education council (referred to in this section as the Education Council (2) In general The Education Council shall consist of 15 members, of whom— (A) 1 shall be the President of the University of Hawaii (or a designee); (B) 1 shall be the Governor of the State of Hawaii (or a designee); (C) 1 shall be the Superintendent of the State of Hawaii Department of Education (or a designee); (D) 1 shall be the chairperson of the Office of Hawaiian Affairs (or a designee); (E) 1 shall be the executive director of Hawaii's Charter School Network (or a designee); (F) 1 shall be the chief executive officer of the Kamehameha Schools (or a designee); (G) 1 shall be the chairperson of the Queen Liliuokalani Trust (or a designee); (H) 1 shall be a member, selected by the other members of the Education Council, who represents a private grant making entity (or a designee); (I) 1 shall be the mayor of the County of Hawaii (or a designee); (J) 1 shall be the Mayor of Maui County (or a designee from the Island of Maui); (K) 1 shall be the Mayor of the County of Kauai (or a designee); (L) 1 shall be appointed by the Mayor of Maui County from the Island of either Molokai or Lanai; (M) 1 shall be the Mayor of the City and County of Honolulu (or a designee); (N) 1 shall be the Chairperson of the Hawaiian Homes Commission (or a designee); and (O) 1 shall be the Chairperson of the Hawaii Workforce Development Council (or a designee representing the private sector). (3) Requirements Any designee serving on the Council shall demonstrate, as determined by the individual who appointed such designee with input from the Native Hawaiian community, not less than 5 years of experience as a consumer or provider of Native Hawaiian education or cultural activities, with traditional cultural experience given due consideration. (4) Limitation A member of the Education Council, including a designee, may not receive, as an individual, grant funds awarded under this subpart while serving on the Education Council. (5) No compensation None of the funds made available through the grant may be used to provide compensation to any member of the Education Council or member of a working group established by the Education Council, for functions described in this section. (6) Administrative provisions relating to education council The Education Council shall meet at the call of the Chair of the Council, or upon request by a majority of the members of the Education Council, but in any event not less often than every 120 days. (7) Chair, Vice chair (A) Selection The Education Council shall select a Chair and Vice Chair from among the members of the Education Council. (B) Service The Chair and Vice Chair selected under subparagraph (A) shall each serve for one 2-year term. (c) Use of funds for technical assistance and assessment The Education Council shall use funds made available through the grant under this section to carry out, directly or through subgrant or contract, the following activities: (1) Providing technical assistance to Native Hawaiian organizations that are grantees or potential grantees under this subpart. (2) Obtaining from such grantees information and data regarding grants awarded under this subpart, including information and data about— (A) the effectiveness of such grantees in meeting the educational priorities recommended by the Education Council under subsection (e)(1)(B), using metrics consistent with such priorities; and (B) the effectiveness of such grantees in carrying out any of the activities described in section 7205(c) that are related to the specific goals and purposes of each grantee’s grant project, using metrics consistent with such goals and purposes. (3) Assessing and defining the educational needs of Native Hawaiians. (4) Assessing the programs and services available to address the educational needs of Native Hawaiians. (5) Assessing and evaluating the individual and aggregate impact achieved by grantees under this subpart in improving Native Hawaiian educational performance and meeting the goals of this subpart. (6) Providing direction and guidance, through the issuance of reports and recommendations, to appropriate Federal, State, and local agencies in order to focus and improve the use of resources, including resources made available under this subpart, relating to Native Hawaiian student education, and serve, where appropriate, in an advisory capacity. (7) Hiring an executive director to enable the Commission to carry out the activities described in this subsection. (d) Use of funds for community consultations The Education Council shall use funds made available through the grant under this section to hold not less than 1 community consultation each year on each of the Islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai, at which— (1) not less than 3 members of the Education Council shall be in attendance; (2) the Education Council shall gather community input regarding— (A) entities that are, at the time of the community consultation, receiving a grant under this subpart; (B) priorities and needs; and (C) other Native Hawaiian educational issues; and (3) the Education Council shall report to the community on the outcomes of the grants awarded under this subpart. (e) Reports (1) Annual education council report The Education Council shall use funds made available through the grant under this section to prepare and submit to the Secretary, before the end of each calendar year, annual reports that contain— (A) a description of the activities of the Education Council during the preceding calendar year; (B) recommendations of the Education Council, if any, regarding priorities to be established under section 7205(b); (C) significant barriers to achieving the goals under this subpart; (D) a summary of each community consultation session, as described in subsection (d); and (E) recommendations to establish funding priorities based on an assessment of— (i) the educational needs of Native Hawaiians; (ii) programs and services currently available to address such needs, including the effectiveness of such programs in improving educational performance of Native Hawaiians; and (iii) priorities for funding in specific geographic communities. (2) Report by the Secretary Not later than 2 years after the date of enactment of the Strengthening America's Schools Act of 2013, the Secretary shall prepare and submit to the Committee on Indian Affairs of the Senate and the authorizing committees a report that— (A) summarizes the annual reports of the Education Council; (B) describes the allocation and use of funds under this subpart and the information gathered since the first annual report submitted by the Education Council to the Secretary under this section; and (C) contains recommendations for changes in Federal, State, and local policy to advance the purposes of this subpart. . 7205. Program authorized Section 7205 (20 U.S.C. 7515) is amended to read as follows: 7205. Program authorized (a) Grants and contracts In order to carry out programs that meet the purposes of this subpart, the Secretary is authorized to award grants to, or enter into contracts with— (1) Native Hawaiian educational organizations; (2) Native Hawaiian community-based organizations; (3) public and private nonprofit organizations, agencies, and institutions with experience in successfully developing or operating Native Hawaiian education and workforce development programs or programs of instruction in the Native Hawaiian language; (4) charter schools; and (5) consortia of the organizations, agencies, institutions, and schools described in paragraphs (1) through (4). (b) Priority In awarding grants and entering into contracts under this subpart, the Secretary shall give priority to— (1) programs that meet the educational priorities recommended by the Education Council under section 7204(e)(1)(B); (2) programs designed to improve the academic achievement of Native Hawaiian students by meeting their unique cultural and linguistic needs in order to help such students meet college and career ready academic standards adopted under section 1111(a)(1); and (3) programs in which a State educational agency, local educational agency, institution of higher education, or a State educational agency or local educational agency in partnership with an institution of higher education apply for a grant or contract under this subpart as part of a partnership or consortium. (c) Authorized activities Activities provided through programs carried out under this subpart may include— (1) the development and maintenance of a statewide Native Hawaiian early childhood education system to provide a continuum of high-quality services for Native Hawaiian children from the prenatal period through the age of kindergarten entry; (2) the operation of family-based education centers that provide such services as— (A) programs for Native Hawaiian parents and their infants from the prenatal period of infancy through age 3; (B) preschool programs for Native Hawaiian children; and (C) research on, and development and assessment of, family-based early childhood education programs for Native Hawaiians; (3) activities that enhance beginning reading and literacy in either the Hawaiian or the English language among Native Hawaiian students in kindergarten through grade 3 and assistance in addressing the distinct features of combined English and Hawaiian literacy for Hawaiian speakers in grades 5 and 6; (4) activities to meet the special needs of Native Hawaiian students with disabilities, including— (A) the identification of such students and their needs; (B) the provision of support services to the families of those students; and (C) other activities consistent with the requirements of the Individuals with Disabilities Education Act; (5) activities that address the special needs of Native Hawaiian students who are gifted and talented, including— (A) educational, psychological, social, emotional, and developmental activities designed to assist in the educational progress of such students; and (B) activities that involve the parents of such students in a manner designed to assist in the students’ educational progress; (6) the development of academic and career and technical curricula to address the needs of Native Hawaiian children, youth, and adults, including curricula materials in the Hawaiian language and mathematics, science, engineering, and technology curricula that incorporate Native Hawaiian tradition and culture; (7) professional development activities for educators, including— (A) the development of programs to prepare prospective teachers to address the unique needs of Native Hawaiian students within the context of Native Hawaiian culture, language, and traditions; (B) in-service programs to improve the ability of teachers who teach in schools with concentrations of Native Hawaiian students to meet those students’ unique needs; and (C) the recruitment and preparation of Native Hawaiian individuals, and other individuals who live in communities with a high concentration of Native Hawaiians, to become teachers or leaders; (8) the operation of community-based learning centers that address the needs of Native Hawaiian families and communities through the coordination of public and private programs and services, including— (A) early childhood education programs, including preschool programs; (B) before- and after-school programs and weekend academies; (C) career and technical and adult education programs; and (D) programs that recognize and support the unique cultural and educational needs of Native Hawaiian children and youth and incorporate appropriately qualified Native Hawaiian elders and seniors; (9) activities, including program co-location, to enable Native Hawaiian individuals to enter and complete programs of postsecondary education, including— (A) the provision of full or partial scholarships for undergraduate or graduate study that are awarded to students based on their academic promise and financial need, with a priority, at the graduate level, given to Native Hawaiian students entering professions in which Native Hawaiians are underrepresented; (B) family literacy activities; (C) counseling and support services for students receiving scholarship assistance; (D) counseling and guidance for Native Hawaiian secondary school students who have the potential to receive scholarships; (E) assistance with completing the higher education admissions and financial aid application process; and (F) faculty development activities designed to promote the matriculation of Native Hawaiian students; (10) activities that recognize and support the unique needs of Native Hawaiian youth regarding the completion of quality workforce preparation and training programs and activities, including apprenticeship programs; (11) research and data collection activities to determine the educational status and needs of Native Hawaiian children and youth; (12) other research and evaluation activities related to programs carried out under this subpart; and (13) other activities, consistent with the purposes of this subpart, to meet the educational needs of Native Hawaiian children and youth. (d) Additional activities From funds made available to carry out this subpart, the Secretary shall support the following: (1) The development of a body of Native Hawaiian law. (2) The repair and renovation of public schools that serve high concentrations of Native Hawaiian students. (3) Informal education programs that present traditional Hawaiian knowledge, science, astronomy, and the environment through State museums or learning centers. (4) Public charter schools serving high concentrations of Native Hawaiian students. (5) The perpetuation of, and expansion of access to, Hawaiian culture and history through digital archives. (e) Special rule and conditions (1) Institutions outside hawaii The Secretary may not establish a policy under this section that prevents a Native Hawaiian student enrolled at a 2- or 4-year degree-granting institution of higher education outside of the State of Hawaii from receiving a scholarship pursuant to subsection (c)(9)(A). (2) Scholarship conditions The Secretary shall establish conditions for receipt of a scholarship awarded under subsection (c)(9)(A). The conditions shall require that an individual seeking such a scholarship enter into a contract to provide professional services, either during the scholarship period or upon completion of a program of postsecondary education, to the Native Hawaiian community. (f) Treatment of funds (1) In general Except as provided in paragraph (2), funds made available under this subpart shall be used to supplement, and not supplant, any State or local funds used to achieve the purposes of this subpart. (2) Exception Paragraph (1) shall not apply to any nonprofit entity or Native Hawaiian community-based organization that receives a grant or other funds under this subpart. (g) Administrative costs (1) In general Except as provided in paragraph (2), not more than 5 percent of funds provided to a recipient of a grant or contract under subsection (a) for any fiscal year may be used for administrative purposes. (2) Exception Not more than 10 percent of funds provided under subsection (a) for any fiscal year to a nonprofit entity serving the Native Hawaiian community may be used for administrative purposes. (h) Reservation; Availability of Funds (1) Reservation From the funds made available to carry out this subpart, the Secretary shall reserve, for each of fiscal years 2012 through 2017, not less than $500,000 for the Education Council. (2) Availability Funds made available to carry out this subpart and funds reserved under this subsection shall remain available until expended. . 7206. Administrative provisions Section 7206 (20 U.S.C. 7516) is amended to read as follows: 7206. Administrative provisions (a) Application required (1) In general No grant may be made under this subpart, and no contract may be entered into under this subpart, unless the entity seeking the grant or contract submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine to be necessary to carry out the provisions of this subpart. (2) Academic projects Applications submitted under this subpart to carry out projects and activities that are academic in nature shall describe— (A) the criteria that will be used to ensure that such projects and activities use evidence-based strategies and methods; and (B) the process through which the applicant will monitor and report such activities, including the achievement of identified objectives. (b) Applications to Education Council The Secretary shall provide to the Education Council a copy of each grant or contract application submitted under this subpart. (c) Annual report (1) In general Each entity that receives a grant under this subpart (except for section 7204) shall submit to the Secretary an annual report, in such form and containing such information as the Secretary may require, that determines the extent to which activities carried out with funds provided under this subpart are effective in improving the educational achievement of Native Hawaiian students served by such funds. (2) Content As a part of the information reported under paragraph (1), each entity that receives a grant under this subpart shall provide data, using information from the most recent year for which data are available, on— (A) the academic achievement of the Native Hawaiian students the entity serves, as measured by the State assessments required under section 1111(a)(2) and the high school graduation rates and institution of higher education attendance rates of those students; and (B) such other measures as the Secretary may prescribe. . 7207. Definitions Section 7207 ( 20 U.S.C. 7517 (1) in the matter preceding paragraph (1), by striking part subpart (2) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and (3) by inserting before paragraph (2), as redesignated by paragraph (2), the following: (1) Community consultation The term community consultation (A) to discuss Native Hawaiian education concerns; and (B) about which the public has been given not less than 30 days notice. . 2 Alaska Native Education 7301. Alaska Native education Subpart 2 of part B of title VII ( 20 U.S.C. 7541 et seq. 7301. Short title This subpart may be cited as the Alaska Native Educational Equity, Support, and Assistance Act 7302. Findings Congress finds the following: (1) The attainment of educational success is critical to the betterment of the conditions, long-term well-being, and preservation of the culture and languages of Alaska Natives. (2) It is the policy of the Federal Government to encourage the maximum participation by Alaska Natives in the planning and the management of Alaska Native education programs and to support efforts developed by and undertaken within the Alaska Native community to improve educational opportunity for all students. (3) Alaska Native children enter and exit school with serious educational handicaps. (4) The educational achievement of Alaska Native children is far below national norms. Alaska Native performance on standardized tests is low, Alaska Native student dropout rates are high, Natives are significantly underrepresented among holders of baccalaureate degrees in the State of Alaska, and Alaska Natives are more likely than other Alaskans to be without access to employment. As a result, Alaska Native students are being denied their opportunity to become full participants in society and an entire generation is being condemned to an underclass status and a life of limited choices. (5) The programs and activities authorized under this subpart are essential if educational handicaps are to be overcome. (6) The sheer magnitude of the geographic and other barriers to be overcome in delivering educational services in rural Alaska and Alaska villages should be addressed through the development and implementation of innovative, model programs in a variety of areas. (7) Alaska Native children should be afforded the opportunity to begin their formal education on a par with their non-Native peers. The Federal Government should lend support to efforts developed by and undertaken within the Alaska Native community to improve educational opportunity for all students. (8) In 1983, pursuant to Public Law 98–63 7303. Purposes The purposes of this subpart are as follows: (1) To address the critical need to meet the unique educational needs of Alaska Natives. (2) To authorize the development and expansion of effective supplemental educational programs to benefit Alaska Natives. (3) To supplement existing programs and authorities in the area of education to further the purposes of this subpart. (4) To provide direction and guidance to appropriate Federal, State, and local agencies to focus resources, including resources made available under this subpart, on meeting the educational needs of Alaska Natives. (5) To ensure the maximum participation by Alaska Natives in the planning and management of programs designed to serve Alaska Natives. 7304. Program authorized (a) General authority (1) Grants and contracts The Secretary is authorized to make grants to, or enter into contracts with, the following entities in order to enable such entities to carry out programs that meet the purposes of this subpart: (A) Alaska Native organizations. (B) Educational entities with experience in developing or operating Alaska Native programs or programs of instruction conducted in Alaska Native languages. (C) Cultural and community-based organizations with experience in developing or operating programs to benefit the educational needs of Alaska Natives. (D) Consortia of organizations and entities described in this paragraph. (2) Permissible activities Activities provided through programs carried out under this subpart may include the following: (A) The development and implementation of plans, methods, and strategies to improve the education of Alaska Natives. (B) The development of curricula and programs that address the educational needs of Alaska Native students, including the following: (i) Curricula materials that reflect the cultural diversity, languages, history, or the contributions of Alaska Natives. (ii) Instructional programs that make use of Alaska Native languages and cultures. (iii) Networks that develop, test, and disseminate best practices and introduce successful programs, materials, and techniques to meet the educational needs of Alaska Native students in urban and rural schools. (C) Training and professional development activities for educators, including the following: (i) Pre-service and in-service training and professional development programs to prepare teachers to develop appreciation for and understanding of Alaska Native cultures, values, and ways of knowing and learning in order to effectively address the cultural diversity and unique needs of Alaska Native students. (ii) The recruitment and preparation of teachers who are Alaska Native. (iii) Programs that will lead to the certification and licensing of Alaska Native teachers, principals, and superintendents. (D) The development and operation of home instruction programs for Alaska Native preschool children, to ensure the active involvement of parents in their children's education from the earliest ages. (E) Family literacy activities. (F) The development and operation of student enrichment programs, including such programs in science, technology, engineering, and mathematics that— (i) are designed to prepare Alaska Native students to excel in such subjects; (ii) provide appropriate support services to the families of such students that are needed to enable such students to benefit from the programs; and (iii) include activities that recognize and support the unique cultural and educational needs of Alaska Native children, and incorporate appropriately qualified Alaska Native elders and other tradition bearers. (G) Research and data collection activities to determine the educational status and needs of Alaska Native children and adults. (H) Other research and evaluation activities related to programs carried out under this subpart. (I) Remedial and enrichment programs to assist Alaska Native students to be college or career ready upon graduation from high school. (J) Parenting education for parents and caregivers of Alaska Native children to improve parenting and caregiving skills (including skills relating to discipline and cognitive development), including parenting education provided through in-home visitation of new mothers. (K) Culturally based education programs designed and provided by an entity with demonstrated experience in— (i) providing programs of study, both on site and in local schools, to share the rich and diverse cultures of Alaska Native peoples among youth, elders, teachers, and the larger community; (ii) instructing Alaska Native youth in leadership, communication, Native culture, arts, and languages; (iii) increasing the high school graduation rate of the Alaska Native students who are served; (iv) providing instruction in Alaska Native history and ways of living to students and teachers in the local school district; (v) providing intergenerational learning and internship opportunities to Alaska Native youth and young adults; and (vi) providing cultural immersion activities aimed at Alaska Native cultural preservation. (L) A statewide on-site exchange program, for both students and teachers, involving schools and culture camps that demonstrates effectiveness in facilitating cultural relationships between urban and rural Alaskans to build mutual respect and understanding, and foster a statewide sense of common identity through host family, school, and community cross-cultural immersion. Such a program should be competitively awarded. (M) Activities carried out through Head Start programs carried out under the Head Start Act, including the training of teachers for such programs. (N) Other early childhood education programs. (O) Education programs for at-risk urban Alaska Native students in kindergarten through grade 12 that are operated by tribes or tribal organizations that have demonstrated experience in increasing graduation rates among such students and that— (i) include a culturally informed curriculum intended to preserve and promote Alaska Native culture; (ii) partner effectively with the local educational agency by providing a school-within-a school program model; (iii) provide high-quality academic instruction, small classroom sizes, and social-emotional support for students from elementary school through high school; (iv) work with parents to increase parental involvement in their students’ education; (v) have a proven track record of improving academic proficiency and increasing graduation rates; (vi) provide college preparation and career planning; and (vii) incorporate a strong data collection and continuous evaluation component at all levels of the program. (P) A statewide program that has demonstrated effectiveness in providing technical assistance and support to schools and communities in order to engage adults in promoting the academic progress and overall well-being of young people through strengths-based approaches to child and youth development, positive youth-adult relationships, improved conditions for learning (such as school climate and student connection to school and community), and increased connections between schools and families. (Q) Career preparation activities to enable Alaska Native children and adults to prepare for meaningful employment, including programs providing career and technical preparation, mentoring, training, and apprenticeship activities. (R) The provision of operational support and the purchase of equipment to develop regional career and technical schools in rural areas of Alaska, including boarding schools, for Alaska Native students in grades 9 through 12, or at higher levels of education, to provide the students with necessary resources to prepare for skilled employment opportunities. (S) Other activities, consistent with the purposes of this subpart, to meet the educational needs of Alaska Native children and adults. (T) Regional leadership academies that demonstrate effectiveness in building respect and understanding and fostering a sense of Alaska Native identity to promote Alaska Native students pursuit of, and success in, completing higher education or career training. (3) Home instruction programs Home instruction programs for Alaska Native preschool children carried out under paragraph (2)(D) may include the following: (A) Programs for parents and their infants, from the prenatal period of the infant through age 3. (B) Preschool programs. (C) Training, education, and support for parents in such areas as reading readiness, observation, story telling, and critical thinking. (b) Limitation on administrative costs Not more than 5 percent of funds provided to a grantee under this section for any fiscal year may be used for administrative purposes. (c) Priorities In awarding grants or contracts to carry out activities described in this subpart, the Secretary shall give priority to applications from Alaska Native regional nonprofit organizations, Alaska Native organizations, or consortia that include not less than 1 Alaska Native regional nonprofit organization. 7305. Administrative provisions (a) Application required No grant may be made under this subpart, and no contract may be entered into under this subpart, unless the entity seeking the grant or contract submits an application to the Secretary in such form, in such manner, and containing such information as the Secretary may determine necessary to carry out the provisions of this subpart. (b) Applications A State educational agency or local educational agency may apply for an award under this subpart only as part of a consortium involving an Alaska Native organization. The consortium may include other eligible applicants. (c) Consultation required Each applicant for an award under this subpart shall provide for ongoing advice from and consultation with representatives of the Alaska Native community. (d) Local educational agency coordination Each entity that applies for an award under this subpart shall inform each local educational agency that serves students who would participate in the program that such entity plans to carry out under the grant or contract about the application described in subsection (a). 7306. Definitions In this subpart: (1) Alaska native The term Alaska Native Native 43 U.S.C. 1602(b) (2) Alaska native organization The term Alaska Native organization (A) has or commits to acquire expertise in the education of Alaska Natives; and (B) has Alaska Natives in substantive and policymaking positions within the tribe, consortium, association, or organization. . VIII Impact aid 8001. Purpose Section 8001 ( 20 U.S.C. 7701 challenging State standards college and career ready State academic content and student academic achievement standards under section 1111(a)(1) 8002. Payments relating to Federal acquisition of real property (a) Amendments Section 8002 ( 20 U.S.C. 7702 (1) in subsection (b)(1)(B), by striking 8014(a) 3(aa)(1) (2) in subsection (f)— (A) by aligning the margins of paragraphs (2) and (3) with the margins of paragraph (1); and (B) by striking paragraphs (4) and (5); (3) by striking subsection (g) and inserting the following: (g) Former districts (1) Consolidations For fiscal year 2006 and all succeeding fiscal years, if a local educational agency described in paragraph (2) is formed at any time after 1938 by the consolidation of 2 or more former school districts, the local educational agency may elect to have the Secretary determine its eligibility and any amount for which the local educational agency is eligible under this section for any fiscal year on the basis of 1 or more of those former districts, as designated by the local educational agency. (2) Eligible local educational agencies A local educational agency referred to in paragraph (1) is— (A) any local educational agency that, for fiscal year 1994 or any preceding fiscal year, applied, and was determined to be eligible under section 2(c) of the Act of September 30, 1950 (Public Law 874, 81st Congress) as the section was in effect for that fiscal year; or (B) a local educational agency formed by the consolidation of 2 or more districts, at least 1 of which was eligible for assistance under this section for the fiscal year preceding the year of consolidation, if— (i) for fiscal years 2006 through 2013, the local educational agency had notified the Secretary of the designation not later than 30 days after the date of enactment of the Strengthening America's Schools Act of 2013; and (ii) for fiscal year 2014, and any subsequent fiscal year, the local educational agency includes the designation in its application under section 8005 or any timely amendment to such application. (3) Availability of funds Notwithstanding any other provision of law limiting the period during which the Secretary may obligate funds appropriated for any fiscal year after 2005, the Secretary may obligate funds remaining after final payments have been made from any of such fiscal years to carry out this subsection. ; (4) in subsection (h)— (A) in the matter preceding paragraph (1), by striking 8014(a) 3(aa)(1) (B) in paragraph (1)(C), by striking 8014(a) 3(aa)(1) (C) in paragraph (2)— (i) in subparagraph (C)(ii), by striking 8014(a) 3(aa)(1) (ii) in subparagraph (D), by striking 8014(a) of this title 3(aa)(1) (5) by striking paragraph (1) of subsection (i) and inserting the following: (1) In general The calculation of the foundation payment under subsection (h)(1)(B) for a local educational agency described in paragraph (2) of this subsection shall be equal to 90 percent of the payment received in fiscal year 2005, for fiscal year 2009 and each succeeding fiscal year. ; (6) by striking subsections (k) and (m); (7) by redesignating subsections (l) and (n) as subsections (j) and (k), respectively; (8) in subsection (j) (as redesignated by paragraph (7)), in the matter preceding paragraph (1), by striking (h)(4)(B) (h)(3) (9) by adding at the end the following: (l) Records The Secretary may base a determination of eligibility under subsection (a)(1) on original records (including facsimiles or other reproductions of those records) documenting the assessed value of real property, prepared by a legally authorized official as of the time of the Federal acquisition, or other records that the Secretary determines to be appropriate and reliable, including Federal agency records or local historical records. . (b) Effective date Notwithstanding section 5(d), this section, and the amendments made by this section, shall take effect with respect to applications submitted under section 8002 of the Elementary and Secondary Education Act of 1965 on or after the date of enactment of this Act. 8003. Payments for eligible federally connected children Section 8003 ( 20 U.S.C. 7703 (1) in subsection (a)— (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting after of such agency (including those children enrolled in a State that has a State open enrollment policy but not including children enrolled in a distance learning program who are not residing within the geographic boundaries of the agency) (B) in paragraph (5)(A), by inserting after 1984, or under lease of off-base property under subchapter IV of chapter 169 10 U.S.C. 2871 et seq. (2) in subsection (b)— (A) in each of paragraphs (1)(A) and (2)(A)(i), by striking 8014(b) 3(aa)(2) (B) in paragraph (2)— (i) in subparagraph (B)— (I) in the subparagraph heading, by striking continuing (II) by striking clauses (i) and (ii) and inserting the following: (i) In general A heavily impacted local educational agency is eligible to receive a basic support payment under subparagraph (A) with respect to a number of children determined under subsection (a)(1) if the agency— (I) is a local educational agency whose boundaries are the same as a Federal military installation, or whose boundaries are the same as island property designated by the Secretary of the Interior to be property that is held in trust by the Federal Government, and that has no taxing authority; (II) is a local educational agency that— (aa) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 45 percent; (bb) has a per-pupil expenditure that is less than— (AA) for an agency that has a total student enrollment of 500 or more students, 125 percent of the average per-pupil expenditure of the State in which the agency is located; or (BB) for an agency that has a total student enrollment of less than 500 students, 150 percent of the average per-pupil expenditure of the State in which the agency is located, or the average per-pupil expenditure of 3 or more comparable local educational agencies in the State in which the agency is located; and (cc) is an agency that— (AA) has a tax rate for general fund purposes that is not less than 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State; or (BB) was eligible to receive a payment under this subsection for fiscal year 2012 and is located in a State that by State law has eliminated ad valorem tax as a revenue source for local educational agencies; (III) is a local educational agency that has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency which is not less than 30 percent, and has a tax rate for general fund purposes which is not less than 125 percent of the average tax rate for general fund purposes for comparable local educational agencies in the State; or (IV) is a local educational agency that has a total student enrollment of not less than 25,000 students, of which not less than 50 percent are children described in subsection (a)(1) and not less than 5,500 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1). (ii) Loss of eligibility (I) In general A heavily impacted local educational agency that met the requirements of clause (i) for a fiscal year shall be ineligible to receive a basic support payment under subparagraph (A) if the agency fails to meet the requirements of such clause for the subsequent fiscal year, except that such agency shall continue to receive a basic support payment under this paragraph for the fiscal year for which the ineligibility determination is made. (II) Exception Notwithstanding subclause (I) and clause (i), a local educational agency that obtains eligibility for a basic support payment under subparagraph (A) by meeting the requirements of clause (i)(II) for a fiscal year and, for the subsequent fiscal year, meets all of the requirements of such clause except for the requirement of item (cc) of such clause, shall be eligible to receive a basic support payment under subparagraph (A). If, for the next subsequent fiscal year, such local educational agency again fails to meet the requirement of such item (cc), the local educational agency shall be ineligible to receive a basic support payment under subparagraph (A), except that such agency shall continue to receive a basic support payment under this paragraph for the fiscal year for which the ineligibility determination is made. ; and (III) by adding at the end the following: (iv) Special rule Notwithstanding clause (i)(II)(aa), a local educational agency shall be considered eligible to receive a basic support payment under subparagraph (A) with respect to the number of children determined under subsection (a)(1) for a fiscal year if the agency— (I) has an enrollment of children described in subsection (a)(1), including, for purposes of determining eligibility, those children described in subparagraphs (F) and (G) of such subsection, that constitutes a percentage of the total student enrollment of the agency that is not less than 35 percent; (II) was eligible to receive assistance under this paragraph for fiscal year 2001; and (III) meets the requirements of items (bb) and (cc) of clause (i)(II) for the fiscal year for which the determination is being made. (v) Application With respect to the first fiscal year for which a heavily impacted local educational agency described in clause (i) applies for a basic support payment under subparagraph (A), or with respect to the first fiscal year for which a heavily impacted local educational agency applies for a basic support payment under subparagraph (A) after becoming ineligible under clause (i) for 1 or more preceding fiscal years, the agency shall apply for such payment at least 1 year prior to the start of that first fiscal year. ; (ii) by striking subparagraphs (C) and (D) and inserting the following: (C) Maximum amount for heavily impacted local educational agencies (i) In general Except as provided for in subparagraph (D), the maximum amount that a heavily impacted local educational agency is eligible to receive under this paragraph for any fiscal year is the sum of the total weighted student units, as computed under subsection (a)(2) and subject to clause (ii), multiplied by the greater of— (I) four-fifths of the average per-pupil expenditure of the State in which the local educational agency is located for the third fiscal year preceding the fiscal year for which the determination is made; or (II) four-fifths of the average per-pupil expenditure of all of the States for the third fiscal year preceding the fiscal year for which the determination is made. (ii) Special rules (I) Calculations for local educational agencies with large numbers of certain eligible children (aa) In general In the case of a local educational agency with respect to which 35 percent or more of the total student enrollment of the schools of the agency are children described in subparagraph (D) or (E) of subsection (a)(1), and that has an enrollment of children described in subparagraph (A), (B), or (C) of such subsection equal to at least 10 percent of the agency's total enrollment, the Secretary shall calculate the weighted student units of the children described in subparagraph (D) or (E) of such subsection by multiplying the number of such children by a factor of 0.55. (bb) Exception Notwithstanding subclause (I), any local educational agency that received a payment under this clause for fiscal year 2006, shall not be required to have an enrollment of children described in subparagraph (A), (B), or (C) of subsection (a)(1) equal to at least 10 percent of the agency's total enrollment for purposes of subclause (I). (II) Calculations for local educational agencies with small numbers of eligible children For a local educational agency that has an enrollment of 100 or fewer children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.75. (III) Calculations for certain other local educational agencies For a local educational agency that does not qualify under paragraph (2)(B)(i)(I) and has an enrollment of more than 100 but not more than 1,000 children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.25. (D) Maximum amount for large heavily impacted local educational agencies (i) Applicable formula (I) In general Subject to clause (ii), the maximum amount that a heavily impacted local educational agency described in subclause (II) is eligible to receive under this paragraph for any fiscal year shall be determined in accordance with the formula described in paragraph (1)(C). (II) Large heavily impacted local educational agencies A heavily impacted local educational agency described in this subclause is a local educational agency that has a total student enrollment of not less than 25,000 students, of which not less than 50 percent are children described in subsection (a)(1) and not less than 5,500 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1). (ii) Factor For purposes of calculating the maximum amount described in clause (i), the factor used in determining the weighted student units under subsection (a)(2) with respect to children described in subparagraphs (A) and (B) of subsection (a)(1) shall be 1.35. ; (iii) by striking subparagraph (E); (iv) by redesignating subparagraphs (F) through (H) as subparagraph (E) through (G), respectively; (v) in subparagraph (E) (as redesignated by clause (iv))— (I) by striking clause (ii); (II) by striking ; and (III) by striking the Secretary shall use the Secretary shall use (vi) in subparagraph (F) (as redesignated by clause (iv)), in the matter preceding clause (i), by striking (C)(i)(II)(bb) (B)(i)(II)(bb) (vii) in subparagraph (G) (as redesignated by clause (iv))— (I) in clause (i)— (aa) by striking (B), (C), (D), or (E), (B), (C), or (D), (bb) by striking by reason of due to (cc) by inserting after clause (iii) or as the direct result of base realignment and closure or modularization as determined by the Secretary of Defense, force structure change, or force relocation, (dd) by inserting before the period at the end the following: or during such time as activities associated with base realignment and closure, modularization, force structure change, or force relocation are ongoing (II) in clause (ii), by striking (D) or (E) (C) or (D) (viii) by adding at the end the following: (H) Special rule The Secretary shall— (i) deem each local educational agency that received a fiscal year 2009 basic support payment for heavily impacted local educational agencies under this paragraph as eligible to receive a basic support payment for heavily impacted local educational agencies under this paragraph for each of fiscal years 2011, 2012, 2013, and 2014; and (ii) make a payment to such local educational agency under such section for each of fiscal years 2011, 2012, 2013, and 2014. (I) Continued eligibility for a heavily impacted local educational agency entering into an intergovernmental cooperative agreement with a State educational agency For any fiscal year, a heavily impacted local educational agency that received a basic support payment under this paragraph for the fiscal year prior to the fiscal year for which such local educational agency entered into an intergovernmental cooperative agreement with a State educational agency shall remain eligible to receive a basic support payment under this paragraph for the duration of the intergovernmental cooperative agreement, but in no case for more than 5 years. ; and (C) in paragraph (3)— (i) in subparagraph (A), by striking 8014(b) 3(aa)(2) (ii) in subparagraph (B)— (I) by redesignating clause (iv) as clause (v); and (II) by inserting after clause (iii) the following: (iv) In the case of a local educational agency that is providing a program of distance learning to children not residing within the geographic boundaries of the agency, the Secretary shall disregard such children from such agency's total enrollment when calculating the percentage under clause (i)(I) and shall disregard any funds received for such children when calculating the total current expenditures attributed to the operation of such agency when calculating the percentage under clause (i)(II). ; (iii) in subparagraph (C), by striking subparagraph (D) or (E) of paragraph (2), as the case may be paragraph (2)(D) (iv) by striking subparagraph (D) and inserting the following: (D) Ratable distribution (i) In general For each fiscal year described in subparagraph (A) for which the sums appropriated under section 3(aa)(2) exceed the amount required to pay each local educational agency 100 percent of the local educational agency’s threshold payment under subparagraph (B) or (C), the Secretary shall distribute such excess sums to each eligible local educational agency that has not received the agency’s maximum payment amount computed under paragraph (1) or (2) (as the case may be) by multiplying— (I) a percentage, the denominator of which is the difference between the maximum payment amount computed under paragraph (1) or (2) (as the case may be) for all local educational agencies and the amount of the threshold payment (as calculated under subparagraphs (B) and (C)) of all local educational agencies, and the numerator of which is the aggregate amount of funds appropriated under section 3(aa)(2) that exceeds the amount of such threshold payments for all local educational agencies; by (II) the difference between the maximum payment amount computed under paragraph (1) or (2) (as the case may be) for the agency and the amount of the threshold payment as calculated under subparagraphs (B) and (C) for the agency. (ii) Insufficient payments For each fiscal year described in subparagraph (A) for which the sums appropriated under section 3(aa)(2) are insufficient to pay each local educational agency all of the local educational agency’s threshold payment described in clause (i), the Secretary shall ratably reduce the payment to each local educational agency under this paragraph. (iii) Increases If the sums appropriated under section 3(aa)(2) are sufficient to increase the threshold payment above the 100 percent threshold payment described in clause (i), then the Secretary shall increase payments on the same basis as such payments were reduced, except no local educational agency may receive a payment amount greater than 100 percent of the maximum payment calculated under this subsection. ; (3) in subsection (c), by amending paragraph (2) to read as follows: (2) Exception Calculation of payments for a local educational agency shall be based on data from the fiscal year for which the agency is making an application for payment if such agency— (A) is newly established by a State, for the first year of operation of such agency only; (B) was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment (as determined by the Secretary in consultation with the Secretary of Defense, the Secretary of Interior, or the heads of other Federal agencies)— (i) of not less than 10 percent, or 100 students, of children described in— (I) subparagraph (A), (B), (C), or (D) of subsection (a)(1); or (II) subparagraph (F) or (G) of subsection (a)(1), but only to the extent such children are civilian dependents of employees of the Department of Defense or the Department of the Interior; and (ii) that is the direct result of closure or realignment of military installations under the base closure process or the relocation of members of the Armed Forces and civilian employees of the Department of Defense as part of force structure changes or movements of units or personnel between military installations or because of actions initiated by the Secretary of Interior or the head of another Federal agency; or (C) was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment (as determined by the Secretary)— (i) of not less than 10 percent of children described in subsection (a)(1), or not less than 100 of such children; and (ii) that is the direct result of the closure of a local educational agency that received a payment under paragraph (1) or (2) of subsection (b) in the previous fiscal year. ; (4) in subsection (d)(1), by striking 8014(c) 3(aa)(3) (5) in subsection (e)— (A) by striking paragraphs (1) and (2) and inserting the following: (1) In general Subject to paragraph (2), the total amount the Secretary shall pay a local educational agency under subsection (b)— (A) for fiscal year 2014, shall not be less than 90 percent of the total amount that the local educational agency received under paragraphs (1) and (2) of subsection (b) for fiscal year 2013; (B) for fiscal year 2015, shall not be less than 85 percent of the total amount that the local educational agency received under paragraphs (1) and (2) of subsection (b) for fiscal year 2013; and (C) for fiscal year 2016, shall not be less than 80 percent of the total amount that the local educational agency received under paragraphs (1) and (2) of subsection (b) for fiscal year 2013. ; and (B) by redesignating paragraph (3) as paragraph (2); and (6) by striking subsection (g). 8004. Construction Section 8007 ( 20 U.S.C. 7707 (1) by striking 8014(e) 3(aa)(4) (2) in subsection (a)(2), by adding at the end the following: (C) The agency is eligible under section 8003(b)(2) or is receiving a basic support payment under circumstances described in section 8003(b)(2)(B)(ii). . 8005. Facilities Section 8008(a) ( 20 U.S.C. 7708(a) 8014(f) 3(aa)(5) 8006. Federal administration Section 8010 ( 20 U.S.C. 7710 (1) in subsection (c)(2)(E), by striking under section 8003(b) under this title. (2) in subsection (d)(2), by striking section 8014 section 3(aa) 8007. Definitions Section 8013 ( 20 U.S.C. 7713 (1) in paragraph (1), by striking and Marine Corps Marine Corps, and Coast Guard (2) in paragraph (5)(A)(iii)(II), by striking Stewart B. McKinney Homeless Assistance Act McKinney-Vento Homeless Assistance Act 8008. Conforming amendment Title VIII (20 U.S.C. 7701 et seq.) is amended by striking section 8014. 8009. Eligibility for impact aid payment (a) Local educational agencies Notwithstanding section 8013(9) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7713(9) (b) Computation Notwithstanding any other provision of law, federally connected children (as determined under section 8003(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a))) who are in attendance in the North Shore District 112, Township High School District 113, Glenview Public School District 34, and Glenbrook High School District 225 described in subsection (a), shall be considered to be in attendance in the North Chicago Community Unit School District 187 described in subsection (a) for purposes of computing the amount that the North Chicago Community Unit School District 187 is eligible to receive under subsection (b) or (d) of section 8003 of such Act if— (1) such school districts have entered into an agreement for such students to be so considered and for the equitable apportionment among all such school districts of any amount received by the North Chicago Community Unit School District 187 under such section; and (2) any amount apportioned among all such school districts pursuant to paragraph (1) is used by such school districts only for the direct provision of educational services. 8010. Repeal of sunset under the NDAA amendments to Impact Aid Section 563(c) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (1) in the heading, by striking , implementation, and repeal and implementation (2) in paragraph (1), by striking for a 2-year period (3) by striking paragraph (4). IX General provisions 9101. Definitions (a) In general Section 9101 ( 20 U.S.C. 7801 9101. Definitions Except as otherwise provided, in this Act: (1) Adjusted cohort; entering cohort; transferred into; transferred out (A) Adjusted cohort Subject to clauses (ii) and (iii) of subparagraph (D) and subparagraphs (E) through (G), the term adjusted cohort (i) the sum of— (I) the entering cohort; plus (II) any students that transferred into the cohort in any of grades 9 through 12; minus (ii) any students that are removed from the cohort as described in subparagraph (E). (B) Entering cohort The term entering cohort (C) Transferred into The term transferred into (i) was a first-time student in grade 9 during the same school year as the entering cohort; and (ii) enrolls after the entering cohort is calculated as described in subparagraph (B). (D) Transferred out (i) In general The term transferred out (I) to another school from which the student is expected to receive a regular secondary school diploma; or (II) to another educational program from which the student is expected to receive a regular secondary school diploma. (ii) Confirmation requirements (I) Documentation required The confirmation of a student’s transfer to another school or educational program described in clause (i) requires documentation from the receiving school or program that the student enrolled in the receiving school or program. (II) Lack of confirmation A student who was enrolled, but for whom there is no confirmation of the student having transferred out, shall remain in the cohort as a nongraduate for reporting and accountability purposes under this Act. (iii) Programs not providing credit A student enrolled in a GED or other alternative educational program that does not issue or provide credit toward the issuance of a regular secondary school diploma shall not be considered transferred out and shall remain in the adjusted cohort. (E) Cohort removal To remove a student from a cohort, a school or local educational agency shall require documentation to confirm that the student has transferred out, emigrated to another country, or is deceased. (F) Treatment of other departures and withdrawals A student who was retained in a grade, enrolled in a GED program or other program that provides a recognized equivalent of a secondary school diploma, aged out of a secondary school or secondary school program, or left secondary school for any other reason, including expulsion, shall not be considered transferred out, and shall remain in the adjusted cohort. (G) Special rule For secondary schools that start after grade 9, the entering cohort shall be calculated 1 month after the start of the secondary school’s academic year in the earliest secondary school grade at the secondary school. (2) Advanced Placement or International Baccalaureate course The term Advanced Placement or International Baccalaureate course (A) a course of postsecondary-level instruction provided to middle school or secondary school students, terminating in an Advanced Placement or International Baccalaureate examination; or (B) another highly rigorous, evidence-based, postsecondary preparatory program terminating in— (i) an examination or courses that are widely accepted for credit at institutions of higher education; or (ii) another examination or courses approved by the Secretary. (3) Advanced Placement or International Baccalaureate examination The term Advanced Placement or International Baccalaureate examination (4) Authorizing committees The term authorizing committees (5) Average daily attendance (A) In general Except as provided otherwise by State law or this paragraph, the term average daily attendance (i) the aggregate number of days of attendance of all students during a school year; divided by (ii) the number of days school is in session during that year. (B) Conversion The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data). (C) Special rule If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school served by another local educational agency, the Secretary shall, for the purpose of this Act— (i) consider the child to be in attendance at a school of the agency making the payment; and (ii) not consider the child to be in attendance at a school of the agency receiving the payment. (6) Average per-pupil expenditure The term average per-pupil expenditure (A) without regard to the source of funds— (i) the aggregate current expenditures, during the most recent fiscal year for which satisfactory data are available, of all local educational agencies in the State or, in the case of the United States, for all States (which, for the purpose of this paragraph, means the 50 States and the District of Columbia); plus (ii) any direct current expenditures by the State for the operation of those agencies; divided by (B) the aggregate number of children in average daily attendance to whom those agencies provided free public education during that year. (7) Charter management organization The term charter management organization (8) Child The term child (9) Child with a disability The term child with a disability (10) Conditions for learning The term conditions for learning (A) promote physical, mental, and emotional health; (B) ensure the safety of students and staff; (C) promote social, emotional, and character development; and (D) have the following attributes: (i) Provide opportunities for physical activity and good nutrition. (ii) Are free of violence, harassment, and weapons. (iii) Prevent use and abuse of drugs and controlled substances. (iv) Help staff and students to model positive social and emotional skills. (v) Employ adults who have high expectations for student conduct, character, and academic achievement. (vi) Engage parents and family members in meaningful and sustained ways to promote positive student academic achievement and developmental outcomes. (11) Consolidated local application The term consolidated local application (12) Consolidated local plan The term consolidated local plan (13) Consolidated State application The term consolidated State application (14) Consolidated State plan The term consolidated State plan (15) Core academic subjects The term core academic subjects (16) Covered program The term covered program (A) part A of title I; (B) part C of title I; (C) part D of title I; (D) part A of title II; (E) part A of title III; (F) part B of title IV; and (G) subpart 2 of part B of title VI. (17) Current expenditures The term current expenditures (A) including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities; but (B) not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds received under title I. (18) Department The term Department (19) Developmental delay The term developmental delay 20 U.S.C. 1432 (20) Distance learning The term distance learning (21) Early childhood education program The term early childhood education program 20 U.S.C. 1003 (22) Educational service agency The term educational service agency (23) Elementary school The term elementary school (24) English learner The term English learner (A) who is aged 3 through 21; (B) who is enrolled or preparing to enroll in an elementary school or secondary school; (C) (i) who was not born in the United States or whose native language is a language other than English; (ii) (I) who is a Native American or Alaska Native, or a native resident of the outlying areas; and (II) who comes from an environment where a language other than English has had a significant impact on the individual’s level of English language proficiency; or (iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and (D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual— (i) the ability to meet or exceed the State student academic achievement standards under section 1111(a)(1) in a subject for the individual's grade level, as determined based on the State academic assessments described in section 1111(a)(2); (ii) the ability to successfully achieve in classrooms where the language of instruction is English; or (iii) the opportunity to participate fully in society. (25) Evidence-based The term evidence-based (A) based on a comprehensive, unbiased review and weighing of 1 or more evaluation studies that— (i) have been carried out consistent with the principles of scientific research; (ii) have strong internal and external validity; and (iii) support the direct attribution of 1 or more outcomes to the program, practice, or policy; or (B) in the absence of any study described in subparagraph (A), based on a comprehensive, unbiased review and weighing of data analysis, research, or 1 or more evaluation studies of relevant programs, practices, or policies, that— (i) were carried out consistent with the principles of scientifically based research; and (ii) are accompanied by strategies to generate more robust evidence over time through research, evaluation, and data analysis, including— (I) the measurement of performance with reliable process and outcome indicators; and (II) the implementation of evaluations with strong internal and external validity where feasible and appropriate. (26) Expanded learning time The term expanded learning time (A) instruction in core academic subjects; (B) instruction in other subjects and enrichment and other activities that contribute to a well-rounded education, including music and the arts, physical education, and experiential and work-based learning; and (C) instructional and support staff to collaborate, plan, and engage in professional development, including on family and community engagement, within and across grades and subjects. (27) Family literacy activities The term family literacy activities (A) are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable improvements in the literacy rates of a family; (B) better enable parents to support their children’s learning needs; and (C) integrate all of the following activities: (i) Parent adult education and literacy activities that lead to readiness for postsecondary education or training, career advancement, and economic self-sufficiency. (ii) Interactive literacy activities between parents and their children. (iii) Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children. (iv) Age-appropriate education to prepare children for success in school and life experiences. (28) Family member The term family member (29) Former english learner The term former English learner (30) Free public education The term free public education (A) at public expense, under public supervision and direction, and without tuition charge; and (B) as elementary or secondary education, as determined under State law, except that, notwithstanding State law, such term— (i) includes preschool education; and (ii) does not include any education provided beyond grade 12. (31) Gifted and talented The term gifted and talented (32) Graduation rates The term graduation rates (A) A 4-year adjusted cohort graduation rate for a school year, defined as the percent obtained by calculating the product of— (i) the result of— (I) the number of students who— (aa) formed the adjusted cohort 4 years earlier; and (bb) graduate in 4 years or less with a regular secondary school diploma; divided by (II) the number of students who formed the adjusted cohort for that year’s graduating class 4 years earlier; multiplied by (ii) 100. (B) A cumulative graduation rate for a school year, defined as the percent obtained by calculating the product of— (i) the result of— (I) the sum of— (aa) the number of students who— (AA) form the adjusted cohort for that year's graduating class; and (BB) graduate in 4 years or less with a regular secondary school diploma; plus (bb) the number of additional students from previous cohorts who graduate with a regular secondary school diploma by the end of the school year in— (AA) more than 4 years but not more than 6 years; or (BB) before exceeding the age for eligibility for a free appropriate public education (as defined in section 602 of the Individuals with Disabilities Education Act) under State law; divided by (II) the sum of— (aa) the number of students who form the adjusted cohort for that year’s graduating class; plus (bb) the number of additional student graduates described in subclause (I)(bb); multiplied by (ii) 100. (33) High school The term high school (A) grants a diploma, as defined by the State; and (B) includes, at least, grade 12. (34) Highly qualified teacher (A) In general The term highly qualified teacher (i) with respect to any public elementary school, middle school, or high school teacher teaching in a State, a teacher who— (I) (aa) has obtained State certification as a teacher (including certification obtained through alternative routes to certification) or passed the State teacher licensing examination, and holds a license to teach in the State, except that when used with respect to any teacher teaching in a charter school, the term means that the teacher meets the requirements set forth in the State’s charter school law; or (bb) has passed a rigorous State test for subject matter knowledge and is making satisfactory progress towards obtaining full certification or licensure within 3 years through participation in a high-quality, State-approved alternative certification program; and (II) has not had certification or licensure requirements waived on an emergency, temporary, or provisional basis; (ii) with respect to— (I) an elementary school teacher who is new to the profession, that the teacher holds at least a bachelor’s degree and— (aa) if teaching more than a single subject, has demonstrated, by receiving a passing score on a rigorous State test, subject knowledge and teaching skills in reading, writing, mathematics, and other areas of the basic elementary school curriculum (which may consist of passing a State-required certification or licensing test or tests in reading, writing, mathematics, and other areas of the basic elementary school curriculum); or (bb) if teaching a single subject, meets either the requirement in item (aa) or (bb) of subclause (II); and (II) a middle school or high school teacher who is new to the profession, that the teacher holds at least a bachelor’s degree and has demonstrated a high level of competency in each of the academic subjects in which the teacher teaches by— (aa) receiving a passing score on a rigorous State academic subject test in each of the academic subjects in which the teacher teaches (which may consist of a passing level of performance on a State-required certification or licensing test or tests in each of the academic subjects the teacher teaches); or (bb) successful completion, in each of the academic subjects in which the teacher teaches, of an academic major, a graduate degree, coursework equivalent to an undergraduate academic major, or advanced certification or credentialing; and (iii) with respect to an elementary school, middle school, or high school teacher who is not new to the profession, that the teacher holds at least a bachelor’s degree and— (I) has met the applicable standard in subclause (I) or (II) of clause (ii), which includes an option for a test; or (II) demonstrates competence in all the academic subjects in which the teacher teaches based on a high objective uniform State standard of evaluation, which may include multiple subjects, that— (aa) is set by the State for both grade-appropriate academic subject-matter knowledge and teaching skills; (bb) is aligned with State academic content and student academic achievement standards under section 1111(a)(1) and developed in consultation with core content specialists, teachers, principals, and school administrators; (cc) provides objective, coherent information about the teacher’s attainment of core content knowledge in the academic subjects in which a teacher teaches; (dd) is applied uniformly to all teachers in the same academic subject and the same grade level throughout the State; (ee) takes into consideration, but is not based primarily on, the time the teacher has been teaching in the academic subject; (ff) is made available to the public on request; and (gg) may involve multiple, objective measures of teacher competency. (B) Special rule Notwithstanding the requirements of subparagraph (A), a State may deem a teacher to be a highly qualified teacher for purposes of this Act, if the teacher is— (i) a teacher with a bachelor’s degree who has received and maintained, for the State in which the teacher teaches, a rating in the highest categories of a professional growth and improvement system; (ii) a teacher in a rural local educational agency, as described in section 6211(d), who teaches multiple subjects, if the teacher is a highly qualified teacher in 1 of the core academic subjects that the teacher teaches and becomes highly qualified in the additional subjects in not more than 3 years by meeting the requirements of clause (ii) or (iii) of subparagraph (A); (iii) a science teacher who holds a broad field science or individual science certification or licensure and whom the State determines is highly qualified for purposes of this paragraph; (iv) a teacher who has been determined to be highly qualified by the State as of the day before the date of enactment of the Strengthening America's Schools Act of 2013; or (v) a teacher who is a participant in an exchange visitor program and whom the State determines is highly qualified for the purposes of this paragraph. (C) Special education teachers The definition of the term highly qualified teacher (35) High-need local educational agency The term high-need local educational agency (A) that serves not fewer than 10,000 children from families with incomes below the poverty line; (B) for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line; or (C) that is in the highest quartile of local educational agencies in the State, based on student poverty. (36) High-need school (A) In general The term high-need school (i) an elementary school or middle school in which not less than 50 percent of the enrolled students are children from low-income families; or (ii) a high school in which not less than 40 percent of the enrolled students are children from low-income families, which may be calculated using comparable data from feeder schools. (B) Low-income family For purposes of subparagraph (A), the term low-income family (i) in which the children are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. (ii) receiving assistance under a State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. (iii) in which the children are eligible to receive medical assistance under the Medicaid program. (37) Institution of higher education The term institution of higher education Higher Education Act of 1965 (38) Leading indicators The term leading indicators (A) average student attendance rates; (B) teacher attendance rates; (C) on-time grade promotion; (D) credit accumulation rates; (E) expulsion, suspension, violence, and harassment rates; (F) teacher retention and turnover rates; (G) percentage of students failing a core, credit-bearing course; and (H) entrance and placement examinations, and preparation courses, for postsecondary education. (39) Local educational agency (A) In general The term local educational agency (B) Administrative control and direction The term includes any other public institution or agency having administrative control and direction of a public elementary school or secondary school. (C) Bie schools The term includes an elementary school or secondary school funded by the Bureau of Indian Education but only to the extent that including the school makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the school does not have a student population that is smaller than the student population of the local educational agency receiving assistance under this Act with the smallest student population, except that the school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Affairs. (D) Educational service agencies The term includes educational service agencies and consortia of those agencies. (E) State educational agency The term includes the State educational agency in a State in which the State educational agency is the sole educational agency for all public schools. (40) Magnet school The term magnet school (41) Multi-tier system of supports The term multi-tier system of supports (42) Mutual consent The term mutual consent (A) the principal or hiring team and the teacher agree to the placement at a school; (B) the principal or hiring team selects teachers for the school from an unrestricted pool of internal and external candidates based on an assessment of the qualifications of the individual candidates; and (C) the local educational agency ensures that other schools served by the local educational agency are not being forced to accept teachers displaced from persistently low-achieving schools. (43) Native american and native american language The terms Native American Native American language 25 U.S.C. 2902 (44) Outlying area The term outlying area (A) means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands; (B) means the Republic of Palau, to the extent permitted under section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 (C) for the purpose of any discretionary grant program under this Act, includes the Republic of the Marshall Islands and the Federated States of Micronesia, to the extent permitted under section 105(f)(1)(B)(viii) of the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 (45) Parent The term parent (46) Positive behavioral interventions and supports The term positive behavioral interventions and supports (47) Poverty line The term poverty line (48) Professional development The term professional development (A) are designed and implemented to improve student achievement and classroom practice; (B) are aligned with— (i) State academic content standards and student academic achievement standards developed under section 1111(a)(1); (ii) related academic and school improvement goals of the school, local educational agency, and, as appropriate, statewide and local curricula; and (iii) rigorous teaching standards; (C) increase educators’— (i) knowledge and understanding about how students learn; (ii) academic content knowledge; (iii) ability to analyze student work and achievement data from multiple sources, including how to adjust instructional strategies, assessments, and materials based on such analysis; and (iv) ability to instruct students with disabilities and English learners so that they are able to meet the State academic content standards and student academic achievement standards; (D) are informed by, and aligned with, such educators’ evaluations under the applicable professional growth and improvement system; (E) are job-embedded, ongoing, collaborative, data-driven, and classroom-focused; and (F) are, as appropriate— (i) designed to provide educators with the knowledge and skills to work more effectively with parents and families; and (ii) provided jointly for school staff and other early childhood education program providers, where applicable, to address the transition to elementary school, including issues related to school readiness across all major domains of early learning. (49) Professional growth and improvement system (A) In general The term professional growth and improvement system (i) provides meaningful feedback to teachers and principals on the results of their evaluation; (ii) establishes multiple categories of teacher and principal performance to ensure that the evaluation provides meaningful differentiation and is aligned with student academic achievement results; (iii) evaluates teachers and principals regularly consistent with research and best practices, including by using multiple measures; (iv) is directly aligned with professional development activities; (v) is developed and implemented with teacher and principal involvement; (vi) provides training for the evaluators who are responsible for conducting classroom and school level observations; (vii) for principals— (I) is based in significant part on evidence of improved student academic achievement and growth and student outcomes, including the English language proficiency of English learner students, and evidence of providing strong instructional leadership and support to teachers and other staff; and (II) may include other measures of principal performance such as parent and family engagement; and (viii) for teachers, is based in significant part on each of the following: (I) Evidence of improved student academic achievement and growth that is limited to evidence-based or externally validated measures. (II) Observations of classroom teaching. (III) Other measures that inform teacher performance, which may include student perception surveys. (B) Rules of construction Nothing in this paragraph shall be construed to— (i) require a State or local educational agency to change the components of a teacher and principal evaluation system that has been approved by the Secretary pursuant to the Secretary's waiver authority under section 9401 on the day before the date of enactment of the Strengthening America's Schools Act of 2013; and (ii) 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. (50) Regular secondary school diploma (A) In general The term regular secondary school diploma (B) Exception for students with significant cognitive disabilities For a student who has a significant cognitive disability and is assessed using an alternate assessment aligned to alternate academic achievement standards under section 1111(a)(1)(C), receipt of a regular secondary school diploma or a State-defined alternate diploma aligned with completion of the student's right to a free appropriate public education under the Individuals with Disabilities Education Act shall be counted as graduating with a regular secondary school diploma for the purposes of this Act, except that not more than 1 percent of students served by a State or a local educational agency, as appropriate, shall be counted as graduates with a regular secondary school diploma under this subparagraph. (51) Scientifically based research The term scientifically based research (A) means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs; and (B) includes research that— (i) employs systematic, empirical methods that draw on observation or experiment; (ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; (iii) relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators; (iv) is evaluated using experimental or quasi-experimental designs in which individuals, entities, programs, or activities are assigned to different conditions and with appropriate controls to evaluate the effects of the condition of interest, with a preference for random-assignment experiments, or other designs to the extent that those designs contain within-condition or across-condition controls; (v) ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to build systematically on their findings; and (vi) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review. (52) Scientifically valid research The term scientifically valid research (53) Secondary school The term secondary school (54) Secretary The term Secretary (55) Specialized instructional support personnel; specialized instructional support services (A) Specialized instructional support personnel The term specialized instructional support personnel (B) Specialized instructional support services The term specialized instructional support services (56) State The term State (57) State advisory council on early childhood education and care The term State Advisory Council on Early Childhood Education and Care (58) State educational agency The term State educational agency (59) Student with interrupted formal education The term student with interrupted formal education (A) enrolled in a United States school after grade 2; (B) has completed successfully 2 or more years less of schooling than students of the same age; (C) performs 2 years or more below grade level, as measured by State college and career ready student academic achievement standards; and (D) is preliterate in such student’s first language. (60) Teacher mentoring The term teacher mentoring (A) includes clear criteria for the selection of mentors that takes into account the mentor’s— (i) effectiveness; and (ii) ability to facilitate adult learning; (B) provides high-quality training for mentors in how to support teachers or principals effectively; (C) provides regularly scheduled time for collaboration, examination of student work and achievement data, and ongoing opportunities for mentors and mentees to observe each other’s teaching or leading, and identify and address areas for improvement; and (D) matches mentees with mentors in the same field, grade, grade span, or subject area. (61) Teacher of english learners The term teacher of English learners (A) teaches students who are identified as English learners; (B) has as a primary role to support English learners with English language acquisition; and (C) is responsible for tracking the progress toward English proficiency of English learners. (62) Turnaround partner The term turnaround partner (63) Universal design for learning The term universal design for learning (64) Young child The term young child . (b) Conforming amendments The Act ( 20 U.S.C. 6301 et seq. (1) in section 1604(b) ( 20 U.S.C. 6574(b) the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate the authorizing committees (2) in section 3122(b) ( 20 U.S.C. 6843(b) the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate the authorizing committees (3) in section 9401(e)(4) ( 20 U.S.C. 7861(e)(4) the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate the authorizing committees 9102. Unsafe school choice option Section 9532(a) ( 20 U.S.C. 7912(a) attending victim of who is threatened with, or becomes a victim of, 9103. Geographic diversity Subpart 2 of part E of title IX (20 U.S.C. ) is amended by adding at the end the following: 9537. Geographic diversity When awarding grants on a competitive basis under this Act, the Secretary shall ensure geographic diversity. . 9104. Evaluation authority Section 9601 (20 U.S.C. 7941) is amended to read as follows: 9601. Evaluation authority (a) Reservation of funds Except as provided in subsection (b), the Secretary may reserve not less than 1 percent and not more than 3 percent of the amount appropriated to carry out each categorical program and demonstration project authorized under this Act. The reserved amounts shall be used by the Secretary, acting through the Director of the Institute of Education Sciences, to— (1) conduct— (A) comprehensive, high-quality evaluations of the program or project that— (i) provide information to inform policy-making and to support continuous program improvement; and (ii) use methods appropriate for the questions being asked; and (B) impact evaluations that employ experimental or quasi-experimental designs, where practicable and appropriate, and other rigorous methodologies that permit the strongest possible causal inferences; (2) provide technical assistance to grant recipients on— (A) the conduct of the evaluation activities that the grantees carry out under this Act; and (B) the collection and reporting of performance data relating to the program or project; (3) evaluate the aggregate short- and long-term effects and cost efficiencies across Federal programs assisted or authorized under this Act and related Federal preschool, elementary, and secondary programs under any other Federal law; (4) increase the usefulness of evaluations of grant recipients in order to ensure the continuous progress of the program or project by improving the quality, timeliness, efficiency, dissemination, and use of information relating to performance under the program or project; and (5) identify and disseminate research and best practices related to the programs and projects authorized under this Act to build the evidence base for the programs and projects that effectively meet the goals of this Act. (b) Title I The Secretary shall reserve under subsection (a) 1 percent of the funds appropriated to carry out title I. (c) Evaluation plan Beginning not later than 1 year after the date of enactment of the Strengthening America's Schools Act of 2013, the Secretary shall annually develop and submit to Congress a plan that— (1) describes the timeline for evaluation of the programs and projects authorized under this Act; and (2) describes the specific evaluation activities that the Secretary intends to carry out for such programs and projects during the next year. (d) Evaluation activities authorized elsewhere If, under any other provision of this Act (other than title I), funds are authorized to be reserved or used for evaluation activities with respect to a program or project, the Secretary may not reserve additional funds under this section for the evaluation of that program or project. (e) Special rule regarding allocation for impact evaluations The Secretary shall use not less than 30 percent of the funds reserved under this section for each of the fiscal years 2014 through 2019, in the aggregate for each year, for impact evaluations that meet the requirements of subsection (a)(1). . 9105. Conforming amendments (a) Reorganization Title IX ( 20 U.S.C. 7801 et seq. G Miscellaneous provisions . (b) Conforming amendments Title IX (20 U.S.C. 7801 et seq.) is amended— (1) in section 9401 ( 20 U.S.C. 7861 (A) in subsection (b)(1)(C), by striking , in accordance with section 1111(b), (B) in subsection (c), by striking subpart 1 of part B of title V subpart 1 of part D of title V (2) by striking paragraph (1) of section 9501(b) ( 20 U.S.C. 7881(b) (1) In general This section applies to programs under— (A) part C of title I; (B) part A of title II, to the extent provided in paragraph (3); (C) part A of title III; (D) part A of title IV; (E) part B of title IV; (F) part D of title IV; and (G) part E of title IV. ; and (3) in section 9534(b) ( 20 U.S.C. 7914(b) part B of title V part D of title V X Commission on Effective Regulation and Assessment Systems for Public Schools 10011. Short title This title may be cited as the Commission on Effective Regulation and Assessment Systems for Public Schools Act 10012. Definitions In this title: (1) Chairperson The term Chairperson (2) Commission The term Commission 10013. Establishment of Commission on Effective Regulation and Assessment Systems for Public Schools (a) In general Not later than 30 days after the date of enactment of this Act, the Secretary shall establish a commission to be known as the Commission on Effective Regulation and Assessment Systems for Public Schools (b) Purpose The Commission shall— (1) examine Federal, State, and local regulatory requirements on elementary and secondary education; (2) make recommendations on how to align and improve such Federal, State, and local requirements to improve performance and innovation; (3) examine the quality and purpose of current Federal, State, and local assessment requirements; and (4) make recommendations to improve and align assessment systems to provide quality and meaningful information for parents, teachers, and students to improve student achievement, teacher performance, and innovation. (c) Membership (1) Composition The Commission shall be composed of— (A) 4 Governors; (B) 6 State legislators; (C) 2 Chief State school officers; (D) 2 State officials responsible for administering Federal education programs; (E) 4 superintendents; (F) 2 principals; (G) 2 teachers; (H) 2 assessment experts; and (I) 2 teacher and principal effectiveness experts. (2) Recommendations The Secretary shall solicit input and nominations for appointing members of the Commission from— (A) Governors; (B) members of Congress; (C) State legislators; (D) superintendents, principals, teachers, and other members of the education community; and (E) parents, students, and other members of the general public. (3) Determination The Secretary shall determine the membership of the Commission after considering recommendations submitted under paragraph (2). (d) Chairperson The Secretary shall designate a Governor as the Chairperson of the Commission. (e) Meetings The Commission shall hold, at the call of the Chairperson, not less than 1 meeting every 6 months. All such meetings shall be open to the public. The Commission may hold, at the call of the Chairperson, such other meetings as the Chairperson sees fit to carry out this title. (f) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Initial meeting The Commission shall hold its first meeting not later than 60 days after the date of enactment of this Act. 10014. Powers of the Commission (a) Hearings (1) In general The Commission shall hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission determines appropriate to carry out this title. (2) Participation In hearings held under this subsection, the Commission shall consider inviting witnesses from, among other groups— (A) teachers; (B) parents; (C) principals; (D) superintendents; (E) Federal, State, and local educational agency personnel; (F) researchers and other experts; and (G) any other individuals determined appropriate by the Commission. (b) Information from Federal agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this title. Upon request of the Chairperson, the head of such department or agency shall furnish such information to the Commission. 10015. Duties of the Commission (a) Duties (1) In general The Commission shall take such actions as it determines necessary to gain a full understanding of the issues of effective regulation and assessment systems for public schools. (2) Areas of emphasis The Commission shall focus— (A) in examining the over-regulation of public schools, on— (i) examining Federal, State, and local regulations governing public schools; (ii) differentiating between financial, programmatic, general education, special education, and civil rights requirements; (iii) identifying which government entity requires each regulation; (iv) measuring the cost of compliance in terms of funds spent on compliance and time in hours and personnel; (v) identifying duplicative, redundant, or unnecessary regulations at each governmental level; and (vi) investigating how Federal, State, and local interpretations of laws and regulations create an additional or unnecessary burden and are used as a rationale for imposing requirements that are not actually mandated by law; and (B) in examining the effective testing of public schools, on— (i) examining Federal, State, and local testing and standardized assessment requirements for public elementary schools, middle schools, and high schools; (ii) determining the purpose and intent of each such test or assessment, including whether it is intended to measure student achievement and growth, teacher and principal effectiveness, or system accountability; (iii) determining the frequency, length, and scheduling of such tests and assessments, and measuring, in hours and days, the student and teacher time spent on testing; (iv) examining standardized assessments required by Federal, State, or local requirements, excluding teacher-created tests and quizzes and formative assessments; (v) reporting on the quality of standardized assessments; (vi) examining reporting practices of test results and the degree to which such results are returned in a timely manner with sufficient quality to be useful to parents, teachers and principals, and students to inform and improve their work, including targeting instruction to student needs, grading student work, and evaluating teacher and principal effectiveness; (vii) analyzing the ability of quality assessments to measure whether a student is prepared to graduate from high school and pursue college or a career without the need for academic remediation; (viii) examining what factors most contribute to quality assessments and the extent to which high-quality assessments can advance student learning; (ix) determining the technology infrastructure required for next generation assessments; and (x) identifying opportunities to improve assessment practices to better promote parent, teacher and principal, and student understanding of progress toward college and career readiness and public understanding of school performance and educational productivity. (3) Samples In conducting its work under this title, the Commission may rely on samples of States and local educational agencies for examples of regulations and testing requirements. (b) Reports (1) In general Subject to paragraph (2), the Commission shall provide regular reports in a manner and form of the Commission's choosing to— (A) the Secretary; and (B) the members of the authorizing committees. (2) Annual report Not later than 1 year after the date of the first meeting of the Commission, and annually thereafter, the Commission shall issue a report to— (A) the Secretary; and (B) the members of the authorizing committees. (3) Public report The Commission shall— (A) prepare a report— (i) analyzing findings of the Commission; and (ii) making recommendations for Federal, State, and local policy makers; and (B) broadly disseminate such report to the general public. (c) Testimony The Chairperson shall annually provide testimony to the authorizing committees. 10016. Commission personnel matters (a) Compensation of members Each member of the Commission 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. (b) Travel expenses The members of the Commission 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 (c) Assistance (1) In general The Assistant Secretary of Elementary and Secondary Education shall provide assistance to the Commission, upon request of the Commission, without reimbursement. (2) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. XI Amendments to other laws; miscellaneous provisions A Amendments to other laws 1 McKinney-Vento Homeless Assistance Act 11011. Short title This subpart may be cited as the McKinney-Vento Homeless Education Reauthorization Act of 2013 11012. Education for homeless children and youth Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq. B Education for homeless children and youth 721. Statement of policy The following is the policy of Congress: (1) Each State shall ensure that each homeless child and youth has access to the same free appropriate public education, including a public preschool education, as is provided to other children and youth. (2) In any State where compulsory residency requirements or other requirements of laws, regulations, practices, or policies may act as a barrier to the identification, enrollment, attendance, or success in school of homeless children and youth, the State shall review and revise such laws, regulations, practices, or policies to ensure that homeless children and youth are afforded the same free appropriate public education as is provided to other children and youth. (3) Homelessness is not a sufficient reason to separate students from the mainstream school environment. (4) Homeless children and youth shall have access to the education and other services that such children and youth need to ensure that such children and youth have an opportunity to meet the same college and career ready State student academic achievement standards to which all students are held. 722. Grants for State and local activities for the education of homeless children and youth (a) General authority The Secretary is authorized to make grants to States from allotments made under subsection (c) and in accordance with this section to enable such States to carry out the activities described in subsections (d) through (g). (b) Application In order for a State to be eligible to receive a grant under this section, the State educational agency, in consultation with other relevant State agencies, shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. (c) Allocation and reservations (1) Allocation (A) In general Subject to subparagraph (C), the Secretary is authorized to allot to each State an amount that bears the same ratio to the amount appropriated for such year under section 727 that remains after the Secretary reserves funds under paragraph (2) and uses funds to carry out section 724 (d) and (h), as the amount allocated under section 1122 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6332 (B) Minimum allotments No State shall receive for a fiscal year less under this paragraph than the greater of— (i) $300,000; or (ii) an amount that bears the same ratio to the amount appropriated for such year under section 727 that remains after the Secretary reserves funds under paragraph (2) and uses funds to carry out section 724 (d) and (h), as the amount the State received under this paragraph for the preceding fiscal year bears to the total amount received by all States under this paragraph for the preceding fiscal year. (C) Reduction for insufficient funds If there are insufficient funds in a fiscal year to allot to each State the minimum amount under subparagraph (B), the Secretary shall ratably reduce the allotments to all States based on the proportionate share that each State received under this subsection for the preceding fiscal year. (2) Reservations (A) Students in territories The Secretary is authorized to reserve 0.1 percent of the amount appropriated for each fiscal year under section 727 to be allocated by the Secretary among the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, according to their respective need for assistance under this subtitle, as determined by the Secretary. Funds allocated under this subparagraph shall be used for programs that are consistent with the purposes of the programs described in this subtitle. (B) Indian students (i) Transfer The Secretary shall transfer 1 percent of the amount appropriated for each fiscal year under section 727 to the Department of the Interior for programs that are for Indian students served by schools funded by the Secretary of the Interior, as determined under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. (ii) Agreement The Secretary of Education and the Secretary of the Interior shall enter into an agreement, consistent with the requirements of this subtitle, for the distribution and use of the funds described in clause (i) under terms that the Secretary of Education determines best meet the purposes of the programs described in this subtitle. Such agreement shall set forth the plans of the Secretary of the Interior for the use of the funds transferred, including appropriate goals, objectives, and milestones for that use. (d) State activities Grant funds from a grant made to a State under this section shall be used for the following: (1) To provide activities for and services to improve the identification of homeless children and youth and enable such children and youth to enroll in, attend, and succeed in school, including in early childhood education programs. (2) To establish or designate an Office of the Coordinator for Education of Homeless Children and Youth in the State educational agency in accordance with subsection (f) that has sufficient knowledge, authority, and time to carry out the duties described in this subtitle. (3) To prepare and carry out the State plan described in subsection (g). (4) To develop and implement professional development activities for liaisons designated under subsection (g)(1)(J)(ii), other local educational agency and school personnel, and community agencies— (A) to improve their identification of homeless children and youth; and (B) to improve their awareness of, and capacity to respond to, specific needs in the education of homeless children and youth. (e) State and local subgrants (1) Minimum disbursements by States From the grant funds made available each year to a State under subsection (a) to carry out this subtitle, the State educational agency shall distribute not less than 75 percent by making subgrants under section 723 to local educational agencies for the purposes of carrying out section 723. (2) Use by State educational agency A State educational agency may use any grant funds remaining after making subgrants under section 723 to conduct activities under subsection (f) directly or through making grants or entering into contracts. (3) Prohibition on segregating homeless students In providing a free public education to a homeless child or youth, no State receiving funds under this subtitle shall segregate such child or youth in a separate school, or in a separate program within a school, based on such child's or youth's status as homeless. (f) Functions of the Office of the Coordinator The Coordinator for Education of Homeless Children and Youth established in each State shall— (1) gather and make publicly available reliable, valid, and comprehensive information on— (A) the nature and extent of the problems homeless children and youth have in gaining access to public preschool programs, and to public elementary schools and secondary schools; (B) the difficulties in identifying the special needs and barriers to participation and achievement of such children and youth; (C) any progress made by the State educational agency and local educational agencies in the State in addressing such problems and difficulties; and (D) the success of the programs under this subtitle in identifying homeless children and youth and allowing homeless children and youth to enroll in, attend, and succeed in, school; and (2) develop and carry out the State plan described in subsection (g); (3) collect data for and transmit to the Secretary, at such time and in such manner as the Secretary may require, reports containing such information as the Secretary determines is necessary to assess the educational needs of homeless children and youth within the State, including data requested pursuant to section 724(h); (4) improve the provision of comprehensive education and related support services to homeless children and youth and their families, and to minimize educational disruption, through coordination of activities, and collaboration with— (A) educators, including teachers, administrators, special education personnel, and child development and preschool program personnel; (B) providers of services to homeless children and youth and homeless families, public and private child welfare and social services agencies, law enforcement agencies, juvenile and family courts, agencies providing mental health services, domestic violence agencies, child care providers, runaway and homeless youth centers, and providers of services and programs funded under the Runaway and Homeless Youth Act ( 42 U.S.C. 5701 et seq. (C) providers of emergency, transitional, and permanent housing to homeless children and youth, and their families, including public housing agencies, shelter operators, operators of transitional housing facilities, and providers of transitional living programs for homeless youth; (D) local educational agency liaisons designated under subsection (g)(1)(J)(ii) for homeless children and youth; and (E) community organizations and groups representing homeless children and youth and their families; (5) provide professional development and technical assistance to and conduct monitoring of local educational agencies, in coordination with local educational agency liaisons designated under subsection (g)(1)(J)(ii), to ensure that local educational agencies comply with the requirements of paragraphs (3) through (8) of subsection (g), and subsection (e)(3); and (6) make opportunities available for teachers and local educational agency liaisons designated under subsection (g)(1)(J)(ii) to participate in ongoing and relevant professional development programs and activities. (g) State plan (1) In general Each State shall submit to the Secretary and implement a plan to provide for the education of all homeless children and youth within the State. Such plan shall include the following: (A) A description of how such children and youth are (or will be) given the opportunity— (i) to meet the same college and career ready State student academic achievement standards as all students are expected to meet; and (ii) to become college and career ready. (B) A description of the procedures the State educational agency will use, in coordination with local educational agencies, to identify such children and youth in the State and to assess their needs. (C) A description of procedures for the prompt resolution of disputes arising under this subtitle, which shall— (i) be developed in coordination and collaboration with the liaisons designated under subparagraph (J)(ii); (ii) be readily available and provided in a written format and, to the extent practicable, in a manner and form understandable to the parents and guardians of homeless children and youth; (iii) take into account the educational best interest of the homeless child or youth, or unaccompanied youth, involved; and (iv) ensure that parents and guardians of homeless children and youth, and unaccompanied youth, who have exhausted the procedures available under this paragraph are able to appeal to the State educational agency, and are enrolled in school pursuant to paragraph (4)(C) and receive transportation pursuant to subparagraph (J)(iii) pending final resolution of the dispute. (D) A description of programs for school personnel (including the liaisons, principals, attendance officers, teachers, enrollment personnel, and specialized instructional support personnel) to increase the awareness of such personnel of the specific needs of homeless adolescents, including runaway and homeless youth. (E) A description of procedures that ensure that homeless children and youth are able to participate in Federal, State, or local nutrition programs. (F) A description of procedures that ensure that— (i) homeless children have access to public preschool programs, administered by the State educational agency or local educational agency, including through the policies and practices required under paragraph (3); (ii) homeless youth, including youth separated from public schools, are identified and accorded equal access to appropriate and available secondary education and support services, including receiving appropriate credit for full or partial coursework satisfactorily completed while attending a prior school, and for work completed after their enrollment in a new school, consistent with State graduation requirements and accreditation standards; and (iii) homeless children and youth who meet the relevant eligibility criteria are able to participate in Federal, State, or local before- and after-school care, magnet schools, summer schools, career and technical education, advanced placement, online learning opportunities, charter school programs, and relevant workforce investment programs. (G) Strategies to address problems identified in the reports provided to the Secretary under subsection (f)(3). (H) Strategies to address other problems with respect to the education of homeless children and youth, including enrollment problems related to— (i) immunization and other required health records and screenings; (ii) residency requirements; (iii) lack of birth certificates, school records, or other documentation; (iv) guardianship issues; or (v) uniform or dress code requirements. (I) A demonstration that the State educational agency, and local educational agencies and schools in the State, have developed and shall regularly review and revise their policies and practices to remove barriers to the identification, enrollment, attendance, retention, and success of homeless children and youth in schools, including early childhood education programs, in the State. (J) Assurances that the following will be carried out: (i) The State educational agency and local educational agencies in the State will adopt policies and practices to ensure that homeless children and youth are not stigmatized or segregated on the basis of their status as homeless. (ii) Local educational agencies will designate an appropriate staff person as the local educational agency liaison for homeless children and youth, who shall have sufficient training and time to carry out the duties described in paragraph (7)(A), and who may also be a coordinator for other Federal programs. (iii) The State and local educational agencies in the State will adopt policies and practices to ensure that transportation is provided at the request of the parent or guardian involved (or in the case of an unaccompanied youth, the liaison), to and from the school of origin, for as long as the student has the right to attend the school of origin as determined in paragraph (4)(A), in accordance with the following, as applicable: (I) If the child or youth continues to live in the area served by the local educational agency for the school of origin, the child’s or youth’s transportation to and from the school of origin shall be provided or arranged by the local educational agency for the school of origin. (II) If the child’s or youth’s living arrangements in the area served by the local educational agency of origin terminate and the child or youth, though continuing the child’s or youth’s education in the school of origin, begins living in an area served by another local educational agency, the local educational agency of origin and the local educational agency for the area in which the child or youth is living shall agree upon a method to apportion the responsibility and cost for providing transportation to and from the school of origin. If the local educational agencies are unable to agree upon such method, the responsibility and costs for transportation shall be shared equally between the agencies. (iv) The State educational agency and local educational agencies will adopt policies and practices to promote school success for homeless children and youth, including access to full participation in academic and extracurricular activities that are made available to non-homeless students. (2) Compliance (A) In general Each plan adopted under this subsection shall also describe how the State will ensure that local educational agencies in the State will comply with the requirements of paragraphs (3) through (8). (B) Coordination Such plan shall indicate what technical assistance the State will furnish to local educational agencies and how compliance efforts will be coordinated with the local educational agency liaisons designated under paragraph (1)(J)(ii). (3) School readiness for homeless children Each State plan adopted under this subsection shall ensure that entities carrying out preschool programs funded, administered, or overseen by the agency involved— (A) identify and prioritize homeless children for enrollment and increase their enrollment and attendance in early childhood education programs, including through policies such as— (i) reserving spaces in preschool programs for homeless children; (ii) conducting targeted outreach to homeless children and their families; (iii) waiving application deadlines; (iv) providing ongoing professional development for staff regarding the needs of homeless children and their families and strategies to serve the children and families; and (v) developing the capacity to serve all identified homeless children; and (B) review the educational and related needs of homeless children and their families in such agency’s service area, in coordination with the liaison designated under paragraph (1)(J)(ii). (4) Local educational agency requirements (A) In general The local educational agency serving each child or youth to be assisted under this subtitle shall, according to the child's or youth's best interest— (i) continue the child's or youth's education in the school of origin for the duration of homelessness— (I) in any case in which the child or youth becomes a homeless child or youth between academic years or during an academic year; and (II) for the remainder of the academic year, if the child or youth becomes permanently housed during an academic year; or (ii) enroll the child or youth in any public school that nonhomeless students who live in the attendance area in which the child or youth is actually living are eligible to attend. (B) Best interest in school stability In determining the best interest of the child or youth under subparagraph (A), the local educational agency shall— (i) presume that keeping a homeless child or youth in the school of origin is in the child’s or youth’s best interest, except when doing so is contrary to the wishes of the child’s or youth’s parent or guardian; (ii) consider student-centered factors related to the child’s or youth’s best interest, including factors related to the impact of mobility on achievement, education, health, and safety of homeless children and youth, giving priority to the wishes of the homeless child’s or youth’s parent or guardian or the unaccompanied youth involved; (iii) if, after conducting the best interest determination described in clause (ii), the local educational agency determines that it is not in the child’s or youth’s best interest to attend the school of origin or the school requested by the parent, guardian, or unaccompanied youth, provide, in coordination with the local education agency liaison, the homeless child's or youth’s parent or guardian or the unaccompanied youth, with a written explanation in a manner or form understandable to such parent, guardian, or youth, to the extent practicable, including a statement regarding the right to appeal under subparagraph (E); (iv) in the case of an unaccompanied youth, ensure that the local educational agency liaison assists in placement or enrollment decisions under this subparagraph, gives priority to the views of such unaccompanied youth, and provides notice to such youth of the right to appeal under subparagraph (E); and (v) provide transportation pursuant to paragraphs (1)(J)(iii) and (5). (C) Enrollment (i) Enrollment The school selected in accordance with this paragraph shall immediately enroll the homeless child or youth, even if the child or youth— (I) is unable to produce records traditionally required for enrollment, including previous academic records, health records, proof of residency or guardianship, or other documentation; (II) has unpaid fines or fees from prior schools or is unable to pay fees in the school selected; or (III) has missed application or enrollment deadlines during any period of homelessness. (ii) Contacting school last attended The enrolling school shall immediately contact the school last attended by the child or youth to obtain relevant academic and other records. (iii) Relevant health records If the child or youth needs to obtain immunizations or other required health records, the enrolling school shall immediately enroll the child or youth and immediately refer the parent or guardian of the child or youth, or the unaccompanied youth, to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall assist in obtaining necessary immunizations or screenings, or immunization or other required health records in accordance with subparagraph (D). (iv) No liability Whenever the school selected enrolls an unaccompanied youth in accordance with this paragraph, no liability shall be imposed upon the school by reason of enrolling the youth without parent or guardian consent. (D) Records Any record ordinarily kept by the school, including immunizations or medical records, academic records, birth certificates, guardianship records, and evaluations for special services or programs, regarding each homeless child or youth shall be maintained— (i) so that the records involved are available when a homeless child or youth enters a new school or school district, even if the child or youth owes fees or fines or did not withdraw from the previous school in conformance with local withdrawal procedures; and (ii) in a manner consistent with section 444 of the General Education Provisions Act (20 U.S.C. 1232g). (E) Disputes If a dispute arises over eligibility, enrollment, school selection, or service in a public school or public preschool, or any other issue relating to services under this subtitle— (i) in the case of a dispute relating to eligibility for enrollment or school selection, the child or youth shall be immediately enrolled in the school in which enrollment is sought, pending final resolution of the dispute including all available appeals; (ii) the parent or guardian of the child or youth shall be provided with a written explanation of the school’s decision regarding eligibility for enrollment, school selection, or services, made by the school or the local educational agency, which shall include information about the right to appeal the decision; (iii) the child, youth, parent, or guardian shall be referred to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall carry out the dispute resolution process as described in paragraph (1)(C) as expeditiously as possible after receiving notice of such dispute; and (iv) in the case of an unaccompanied youth, the liaison shall ensure that the youth is immediately enrolled in the school in which the youth seeks enrollment, pending resolution of such dispute. (F) Placement choice The choice regarding placement shall be made regardless of whether the child or youth involved lives with the homeless parents or has been temporarily placed elsewhere. (G) School of origin defined (i) In general In this paragraph, the term school of origin (ii) Receiving school When a child or youth completes the final grade level served by the school of origin, as described in clause (i), the term school of origin (H) Contact Information Nothing in this subtitle shall prohibit a local educational agency from requiring a parent or guardian of a homeless child to submit contact information. (I) Privacy Information about a homeless child's or youth's living situation shall be treated as a student education record under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g section 99.31 (J) Academic achievement The school selected in accordance with this paragraph shall ensure that homeless children and youth have opportunities to meet the same college and career ready State student academic achievement standards to which other students are held, including implementing the policies and practices required by paragraph (1)(J)(iv). (K) School readiness for homeless children Each local educational agency shall ensure school readiness for homeless children as described in paragraph (3). (5) Comparable services In addition to receiving services provided for homeless children and youth under this subtitle or other Federal, State, or local laws, regulations, policies, or practices, each homeless child or youth to be assisted under this subtitle also shall be provided services comparable to services offered to other students in the school selected under paragraph (4), including the following: (A) Transportation services. (B) Educational services for which the child or youth meets the eligibility criteria, including services provided under title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (C) Programs in career and technical education. (D) Programs for gifted and talented students. (E) School nutrition programs. (F) Health and counseling services, as appropriate. (6) Coordination (A) In general Each local educational agency shall coordinate— (i) the provision of services under this subtitle with the services of local social services agencies and other agencies or entities providing services to homeless children and youth and their families, including services and programs funded under the Runaway and Homeless Youth Act ( 42 U.S.C. 5701 et seq. (ii) transportation, transfer of school records, and other interdistrict activities, with other local educational agencies. (B) Housing assistance Each State educational agency and local educational agency that receives assistance under this subtitle shall coordinate, if applicable, with State and local housing agencies responsible for developing a comprehensive housing affordability strategy described in section 105 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12705 (C) Coordination purpose The coordination required under subparagraphs (A) and (B) shall be designed to— (i) ensure that all homeless children and youth are identified within a reasonable time frame; (ii) ensure that homeless children and youth have access to and are in reasonable proximity to available education and related support services; and (iii) raise the awareness of school personnel and service providers of the effects of short-term stays in a shelter and other challenges associated with homelessness. (D) Homeless children and youths with disabilities For children and youth who are to be assisted both under this subtitle, and under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. 29 U.S.C. 794 (7) Local educational agency liaison (A) Duties Each local educational agency liaison for homeless children and youth, designated under paragraph (1)(J)(ii), shall ensure that— (i) all homeless children and youth are identified by school personnel and through outreach and coordination activities with other entities and agencies; (ii) homeless children and youth are enrolled in, and have a full and equal opportunity to succeed in, schools of that local educational agency; (iii) homeless families, and homeless children and youth, have access to educational services for which such families, children, and youth are eligible, including services through Head Start, Early Head Start, early intervention, and Even Start programs, and preschool programs described in paragraph (3); (iv) homeless families, and homeless children and youth, receive referrals to health care services, dental services, mental health and substance abuse services, housing services, and other appropriate services; (v) homeless children and youth are certified as eligible for free meals offered under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. 42 U.S.C. 1771 et seq. (vi) the parents or guardians of homeless children and youth are informed of the educational and related opportunities available to their children, including early learning opportunities, and are provided with meaningful opportunities to participate in the education of their children; (vii) public notice of the educational rights of homeless children and youth is incorporated into documents related to residency requirements or enrollment, provided upon school enrollment and withdrawal, posted on the local educational agency’s website, and disseminated in locations frequented by parents or guardians of such children and youth, and unaccompanied youth, including schools, shelters, public libraries, and soup kitchens, in a manner and form understandable to parents and guardians of homeless children and youth and unaccompanied youth; (viii) disputes are resolved in accordance with paragraph (4)(E); (ix) the parent or guardian of a homeless child or youth, and any unaccompanied youth, is fully informed of all transportation services, including transportation to the school of origin, as described in paragraph (1)(J)(iii), and is assisted in accessing transportation to the school that is selected under paragraph (4)(A); (x) school personnel are adequately prepared to implement this subtitle and receive professional development, resource materials, technical assistance, and other support; and (xi) unaccompanied youth— (I) are enrolled in school; (II) have opportunities to meet the same college and career ready State student academic achievement standards to which other students are held, including through implementation of the policies and practices required by subparagraphs (F)(ii) and (J)(iv) of paragraph (1); and (III) are informed of their status as independent students under section 480 of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv 20 U.S.C. 1090 (B) Notice State Coordinators appointed under subsection (d)(2) and local educational agencies shall inform school personnel, service providers, and advocates working with homeless families and homeless children and youth of the contact information and duties of the local educational agency liaisons, including publishing an annually updated list of the liaisons on the State educational agency’s website. (C) Local and State coordination The local educational agency liaisons shall, as a part of their duties, coordinate and collaborate with the State Coordinators and community and school personnel responsible for the provision of education and related support services to homeless children and youth. Such coordination shall include collecting and providing to the State Coordinator the reliable, valid, and comprehensive data needed to meet the requirements of paragraphs (1) and (3) of subsection (f). (D) Professional development The local educational agency liaisons shall participate in the professional development and other technical assistance activities provided by the State Coordinator pursuant to subsection (f)(5). (8) School readiness for homeless children The State educational agency, and the local educational agencies in the State, shall ensure that the programs serving public preschool children comply with the requirements of this subtitle. (h) Emergency disaster grants (1) In general The Secretary shall make emergency disaster grants to eligible local educational agencies and eligible States described in paragraph (2), in order to increase the capacity for such local educational agencies and States to respond to major disasters. (2) Eligibility; application (A) Eligibility (i) Local educational agency eligibility A local educational agency shall be eligible to receive an emergency disaster grant under this subsection, based on demonstrated need, if such local educational agency’s enrollment of homeless children and youth has increased as a result of a hurricane, flood, or other natural disaster for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.). (ii) State eligibility A State, through the Office of the Coordinator for Education of Homeless Children and Youths in the State educational agency, shall be eligible to receive an emergency disaster grant under this subsection if there are 1 or more eligible local educational agencies, as described in clause (i), located within the State. (B) Application In order for an eligible State or an eligible local educational agency to receive a grant under this subsection, the State educational agency, in consultation with other relevant State agencies, or local educational agency shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. (3) Distribution of grants The Secretary shall distribute emergency disaster grant funds— (A) based on demonstrated need, to State educational agencies or local educational agencies for local educational agencies whose enrollment of homeless children and youths has increased as a result of a hurricane, flood, or other natural disaster for which the President has declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.); (B) expeditiously, and in no case later than 75 days after such funds are appropriated to the Secretary; and (C) in a manner that enables local educational agencies to use such funds for the immediate needs of disaster response and ongoing disaster recovery. (4) Amount of grants The Secretary shall distribute grants under this subsection in amounts determined by the Secretary and related to the increase in enrollment of homeless children and youths as a result of such major disaster. (5) Uses of funds A local educational agency or State educational agency that receives an emergency disaster grant under this subsection shall use the grant funds to carry out the activities described in section 723(d). (6) Restriction The Secretary— (A) shall determine the amount (if any) by which the funds appropriated under section 727 for fiscal year 2009 exceed $70,000,000; and (B) may only use funds from that amount to carry out this subsection. 723. Local educational agency subgrants for the education of homeless children and youth (a) General authority (1) In general The State educational agency shall, in accordance with section 722(e), and from amounts made available to such agency under section 727, make subgrants to local educational agencies for the purpose of facilitating the identification, enrollment, attendance, and success in school of homeless children and youth. (2) Services (A) In general Services under paragraph (1)— (i) may be provided through programs on school grounds or at other facilities; and (ii) shall, to the maximum extent practicable, be provided through existing programs and mechanisms that integrate homeless children and youth with nonhomeless children and youth. (B) Services on school grounds If services under paragraph (1) are provided to homeless children and youth on school grounds, the school involved may use funds under this subtitle to provide the same services to other children and youth who are determined by the local educational agency serving the school to be at risk of failing in, or dropping out of, school. (3) Requirement Services provided under this section shall not replace the regular academic program and shall be designed to expand upon or improve services provided as part of the school's regular academic program. (4) Duration of grants Subgrants awarded under this section shall be for terms of not to exceed 3 years. (b) Application A local educational agency that desires to receive a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing or accompanied by such information as the State educational agency may reasonably require. Such application shall include the following: (1) An assessment of the educational and related needs of homeless children and youth in the area served by the local educational agency (which may be undertaken as part of a needs assessment for another disadvantaged group). (2) A description of the services and programs for which assistance is sought to address the needs identified in paragraph (1). (3) An assurance that the local educational agency's combined fiscal effort per student, or the aggregate expenditures of that agency and the State with respect to the provision of free public education by such agency for the fiscal year preceding the fiscal year for which the subgrant determination is made, was not less than 90 percent of such combined fiscal effort or aggregate expenditures for the second fiscal year preceding the fiscal year for which the determination is made. (4) An assurance that the applicant complies with, or will use requested funds to comply with, paragraphs (3) through (7) of section 722(g). (5) A description of policies and procedures that the agency will implement to ensure that activities carried out by the agency will not isolate or stigmatize homeless children and youth. (6) An assurance that the local educational agency will collect and promptly provide data requested by the State Coordinator pursuant to paragraphs (1) and (3) of section 722(f). (7) An assurance that the local educational agency has removed the policies and practices that have created barriers to the identification, enrollment, attendance, retention, and success in school of all homeless children and youth. (c) Awards (1) In general The State educational agency shall, in accordance with the requirements of this subtitle and from amounts made available to it under section 722(a), make subgrants on a competitive basis to local educational agencies that submit applications under subsection (b). Such subgrants shall be awarded on the basis of the need of such agencies for assistance under this subtitle and the quality of the applications submitted. (2) Need (A) In general In determining need under paragraph (1), the State educational agency may consider the number of homeless children and youth enrolled in preschool, elementary schools, and secondary schools within the area served by the local educational agency, and shall consider the needs of such children and youth and the ability of the local educational agency to meet such needs. (B) Other considerations The State educational agency may also consider the following: (i) The extent to which the proposed use of funds will facilitate the identification, enrollment, attendance, retention, and educational success of homeless children and youth. (ii) The extent to which the application reflects coordination with other local and State agencies that serve homeless children and youth. (iii) The extent to which the applicant exhibits in the application and in current practice (as of the date of submission of the application) a commitment to education for all homeless children and youth. (iv) Such other criteria as the State agency determines to be appropriate. (3) Quality In determining the quality of applications under paragraph (1), the State educational agency shall consider each of the following: (A) The applicant's needs assessment under subsection (b)(1) and the likelihood that the program presented in the application will meet such needs. (B) The types, intensity, and coordination of services to be provided under the program. (C) The extent to which the applicant will promote meaningful involvement of parents or guardians of homeless children or youth in the education of their children. (D) The extent to which homeless children and youth will be integrated into the regular education program involved. (E) The quality of the applicant's evaluation plan for the program. (F) The extent to which services provided under this subtitle will be coordinated with other services available to homeless children and youth and their families, including housing and social services and services provided under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. 20 U.S.C. 6301 et seq. (G) The extent to which the local educational agency will use the subgrant to leverage resources, including by maximizing nonsubgrant funding for the position of the liaison described in section 722(g)(1)(J)(ii) and the provision of transportation. (H) The local educational agency’s use of funds to serve homeless children and youth under section 1113(c)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(c)(3)). (I) The extent to which the applicant's program meets such other measures as the State educational agency considers to be indicative of a high-quality program, including the extent to which the local educational agency will provide services to unaccompanied youth and preschool-aged children. (J) The extent to which the application describes how the applicant will meet the requirements of section 722(g)(4). (d) Authorized activities A local educational agency may use funds awarded under this section for activities that carry out the purpose of this subtitle, including the following: (1) The provision of tutoring, supplemental instruction, and enriched educational services that are linked to the achievement of the same college and career ready State academic content standards and college and career ready State student academic achievement standards as the State establishes for other children and youth. (2) The provision of expedited evaluations of the strengths, needs, and eligibility of homeless children and youth, including needs and eligibility for programs and services (including educational programs for gifted and talented students, children with disabilities, and students with limited English proficiency, charter school programs, magnet school programs, programs in career and technical education, and school nutrition programs). (3) Professional development and other activities for educators and specialized instructional support personnel that are designed to heighten the understanding and sensitivity of such educators and personnel to the needs of homeless children and youth, the rights of such children and youth under this subtitle, and the specific educational needs of runaway and homeless youth. (4) The provision of referral services to homeless children and youth for medical, dental, mental, and other health services. (5) The provision of assistance to defray the cost of transportation under paragraphs (1)(J)(iii) and (5)(A) of section 722(g), not otherwise provided through Federal, State, or local funding. (6) The provision of developmentally appropriate early childhood education programs, not otherwise provided through Federal, State, or local funding. (7) The provision of services and assistance to attract, engage, and retain homeless children and youth, particularly homeless children and youth who are not enrolled in school, in public school programs and services provided to nonhomeless children and youth. (8) The provision for homeless children and youth of before- and after-school, mentoring, and summer programs in which a teacher or other qualified individual provides tutoring, homework assistance, and supervision of educational activities. (9) If necessary, the payment of fees and other costs associated with tracking, obtaining, and transferring records necessary to facilitate the appropriate placement of homeless children and youth in school, including birth certificates, immunization or other required health records, academic records, guardianship records, and evaluations for special programs or services. (10) The provision of education and training to the parents of homeless children and youth about the rights of, and resources available to, such children and youth, and other activities designed to increase the meaningful involvement of families of homeless children or youth in the education of their children. (11) The development of coordination of activities between schools and agencies providing services to homeless children and youth, as described in section 722(g)(6). (12) The provision of specialized instructional support services (including counseling) and referrals for such services. (13) Activities to address the particular needs of homeless children and youth that may arise from domestic violence and parental mental health or substance abuse problems. (14) The adaptation of space and purchase of supplies for any nonschool facilities made available under subsection (a)(2) to provide services under this subsection. (15) The provision of school supplies, including supplies to be distributed at shelters or temporary housing facilities, or other appropriate locations. (16) The provision of assistance to defray the cost of the position of liaison designated pursuant to section 722(g)(1)(J)(ii), not otherwise provided through Federal, State, or local funding. (17) The provision of other extraordinary or emergency assistance needed to enable homeless children and youth to enroll, attend, and succeed in school, including in early childhood education programs. 724. Secretarial responsibilities (a) Review of State plans In reviewing the State plan submitted by a State educational agency under section 722(g), the Secretary shall use a peer review process and shall evaluate whether State laws, policies, and practices described in such plan adequately address the problems of all homeless children and youth relating to access to education and placement as described in such plan. (b) Technical Assistance The Secretary shall— (1) provide support and technical assistance to State educational agencies to assist such agencies in carrying out their responsibilities under this subtitle; and (2) establish or designate a Federal Office of the Coordinator for Education of Homeless Children and Youths that has sufficient capacity, resources, and support to carry out the responsibilities described in this subtitle. (c) Notice (1) In general The Secretary shall, before the next school year that begins after the date of enactment of the McKinney-Vento Homeless Education Reauthorization Act of 2013, develop and disseminate a public notice of the educational rights of homeless children and youth. The notice shall include information regarding the definition of homeless children and youth in section 726. (2) Dissemination The Secretary shall disseminate the notice nationally. The Secretary also shall disseminate such notice to heads of other Department of Education offices, including those responsible for special education programs, higher education, and programs under parts A, B, C, D, G, and H of title I, title III, title IV, and part B of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq., 6361 et seq., 6391 et seq., 6421 et seq., 6531 et seq., 6551 et seq., 6801 et seq., 7102 et seq., and 7221 et seq.). The Secretary shall also disseminate such notice to heads of other Federal agencies, and grant recipients and other entities carrying out federally funded programs, including Head Start programs, grant recipients under the Health Care for the Homeless program of the Health Resources and Services Administration of the Department of Health and Human Services, grant recipients under the Emergency Food and Shelter National Board Program of the Federal Emergency Management Agency, grant recipients under the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.), grant recipients under the John H. Chafee Foster Care Independence program, grant recipients under homeless assistance programs administered by the Department of Housing and Urban Development, and recipients of Federal funding for programs carried out by the Administration on Children, Youth and Families of the Department of Health and Human Services. (d) Evaluation and dissemination The Secretary shall conduct evaluation, dissemination, and technical assistance activities for programs that are designed to meet the educational needs of homeless preschool, elementary school, and secondary school students, and may use funds appropriated under section 727 to conduct such activities. (e) Submission and distribution The Secretary shall require applications for grants under section 722 to be submitted to the Secretary not later than the expiration of the 120-day period beginning on the date that funds are available for purposes of making such grants and shall make such grants not later than the expiration of the 180-day period beginning on such date. (f) Determination by Secretary The Secretary, based on the information received from the States and information gathered by the Secretary under subsection (h), shall determine the extent to which State educational agencies are ensuring that each homeless child or youth has access to a free appropriate public education, as described in section 721(1). The Secretary shall provide support and technical assistance to State educational agencies in areas in which barriers to a free appropriate public education persist. (g) Publication The Secretary shall develop, issue, and publish in the Federal Register, not later than 90 days after the date of enactment of the McKinney-Vento Homeless Education Reauthorization Act of 2013, a summary of the changes enacted by that Act and related strategies, which summary shall include— (1) strategies by which a State can assist local educational agencies to implement the provisions amended by the Act; (2) strategies by which a State can review and revise State policies and procedures that may present barriers to the identification, enrollment, attendance, and success of homeless children and youth in school; and (3) strategies by which entities carrying out preschool programs can implement requirements of section 722(g)(3). (h) Information (1) In general From funds appropriated under section 727, the Secretary shall, directly or through grants, contracts, or cooperative agreements, periodically but not less frequently than every 2 years, collect and disseminate publicly data and information regarding— (A) the number of homeless children and youth; (B) the education and related support services such children and youth receive; (C) the extent to which the needs of homeless children and youth are being met; (D) the academic progress being made by homeless children and youth, including the percent or number of homeless children and youth participating in State assessments; and (E) such other data and information as the Secretary determines to be necessary and relevant to carry out this subtitle. (2) Coordination The Secretary shall coordinate such collection and dissemination with other agencies and entities that receive assistance and administer programs under this subtitle. (i) Report Not later than 4 years after the date of enactment of the McKinney-Vento Homeless Education Reauthorization Act of 2013, the Secretary shall prepare and submit to the President and the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the status of the provision of education and related support services to homeless children and youth, which shall include information on— (1) the education of homeless children and youth; and (2) the actions of the Secretary and the effectiveness of the programs supported under this subtitle. 725. Rule of construction Nothing in this subtitle shall be construed to diminish the rights of parents or guardians of homeless children or youth, or unaccompanied youth, otherwise provided under State law, policy, or practice, including laws or policies that authorize the best interest determination in section 722(g)(3) to be made solely by the parent, guardian, or youth involved. 726. Definitions In this subtitle: (1) Enroll; enrollment The terms enroll enrollment (2) Homeless children and youth The term homeless children and youth (A) means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of section 103(a)(1)); and (B) includes— (i) children and youth who— (I) are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; (II) are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; (III) are living in emergency or transitional shelters; and (IV) are abandoned in hospitals; (ii) children and youth who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (within the meaning of section 103(a)(2)(C)); (iii) children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and (iv) migratory children (as such term is defined in section 1312 of the Elementary and Secondary Education Act of 1965) who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in clauses (i) through (iii). (3) Local educational agency; state educational agency The terms local educational agency State educational agency 20 U.S.C. 7801 (4) School The term school (5) Secretary The term Secretary (6) State The term State (7) Unaccompanied youth The term unaccompanied youth 727. Authorization of appropriations For the purpose of carrying out this subtitle, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 6 succeeding fiscal years. . 2 Advanced Research Projects Agency-Education 11021. Advanced Research Projects Agency-Education The Department of Education Organization Act ( 20 U.S.C. 3401 et seq. 221. Advanced research projects agency-education (a) Establishment There shall be in the Department an Advanced Research Projects Agency-Education (referred to in this section as ARPA-ED (b) Purposes ARPA-ED is established under this section for the purposes of pursuing breakthrough research and development in educational technology and providing the effective use of the technology to improve achievement for all students, by— (1) identifying and promoting revolutionary advances in fundamental and applied sciences and engineering that could be translated into new learning technologies; (2) developing novel learning technologies, and the enabling processes and contexts for effective use of those technologies; (3) developing, testing, and evaluating the impact and efficacy of those technologies; (4) accelerating transformational technological advances in areas in which the private sector, by itself, is not likely to accelerate such advances because of difficulties in implementation or adoption, or technical and market uncertainty; (5) coordinating activities with nongovernmental entities to demonstrate technologies and research applications to facilitate technology transfer; and (6) encouraging educational research using new technologies and the data produced by the technologies. (c) Authorities of Secretary The Secretary is authorized to— (1) appoint a Director, who shall be responsible for carrying out the purposes of ARPA-ED, as described in subsection (b), and such additional functions as the Secretary may prescribe; (2) establish processes for the development and execution of projects and the solicitation of entities to carry out the projects in a manner that is— (A) tailored to the purposes of ARPA-ED and not constrained by other Department-wide administrative requirements that could detract from achieving program results; and (B) designed to heighten transparency, and public- and private-sector involvement, to ensure that investments are made in the most promising areas; (3) award grants, contracts, cooperative agreements, and cash prizes, and enter into other transactions (in accordance with such regulations as the Secretary may establish regarding other transactions); (4) make appointments of up to 20 scientific, engineering, professional, and other mission-related employees, for periods of up to 4 years (which appointments may not be renewed) without regard to the provisions of title 5, United States Code, governing appointments in the competitive service; (5) (A) prescribe the rates of basic pay for the personnel described in paragraph (4) at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376 (B) pay any employee appointed pursuant to paragraph (4) payments in addition to that basic pay, except that the total amount of those payments for any calendar year shall not exceed the lesser of— (i) $25,000; or (ii) the difference between the employee’s annual rate of basic pay under paragraph (4) and the annual rate for level I of the Executive Schedule under section 5312 of title 5, United States Code, based on the rates in effect at the end of the applicable calendar year (or, if the employee separated during that year, on the date of separation); (6) obtain independent, periodic, rigorous evaluations, as appropriate, of— (A) the effectiveness of the processes ARPA-ED is using to achieve its purposes; and (B) the effectiveness of individual projects assisted by ARPA-ED, using evidence standards developed in consultation with the Institute of Education Sciences, and the suitability of ongoing projects assisted by ARPA-ED for further investment or increased scale; and (7) disseminate, through the comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9602 20 U.S.C. 9564 (d) Evaluation funds The Secretary may use funds made available for ARPA-ED to pay the cost of the evaluations under subsection (c)(6). (e) Federal advisory committee Act Notwithstanding any other provision of law, any advisory committee convened by the Secretary to provide advice with respect to this section shall be exempt from the requirements of the Federal Advisory Committee Act (5 U.S.C. App.) and the definition of employee section 2105 (f) Nonduplication To the maximum extent practicable, the Secretary shall ensure that grants, contracts, cooperative agreements, cash prizes, or other assistance or arrangements awarded or entered into pursuant to this section that are designed to carry out the purposes of ARPA-ED do not duplicate activities under programs carried out under Federal law other than this section by the Department or other Federal agencies. . B Miscellaneous provisions 11211. Technical and conforming amendments (a) Higher Education Act of 1965 The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended as follows: (1) Section 103(24)(B) ( 20 U.S.C. 1003(24)(B) students who are limited English proficient English learners (2) Section 200 (20 U.S.C. 1021) is amended— (A) in paragraph (6)(B)(x) by striking section 5210 section 5411 (B) by striking paragraph (8); (C) by redesignating paragraphs (9) through (23) as paragraphs (8) through (22), respectively; (D) by striking paragraph (12), as redesignated by subparagraph (C), and inserting the following: (12) Highly Qualified Teacher The term highly qualified teacher ; (E) by striking paragraph (14), as redesignated by subparagraph (C), and inserting the following: (14) English Learner The term English learner ; (F) in paragraph (16)(B)(ii), as redesignated by subparagraph (C), by striking to become highly qualified to become a highly qualified teacher (G) in paragraph (21)(D)(i), as redesignated by subparagraph (C), by striking becomes highly qualified becomes a highly qualified teacher (H) in paragraph (22)(D)(iii), as redesignated by subparagraph (C), by striking students who are limited English proficient English learners (3) Section 202 (20 U.S.C. 1022a) is amended— (A) in subsection (b)(6)— (i) in subparagraph (E)(ii), by striking student academic achievement standards and academic content standards under section 1111(b)(1) college and career ready State academic content standards and student academic achievement standards under section 1111(a)(1) (ii) in subparagraph (G), by striking students who are limited English proficient English learners (B) in subsection (d)— (i) in paragraph (1)— (I) in subparagraph (A)(i)(I)— (aa) by inserting teachers highly qualified (bb) by striking students who are limited English proficient English learners (II) in subparagraph (B)— (aa) in clause (ii)(IV)(aa), by striking students who are limited English proficient English learners (bb) in clause (iii), by inserting teachers highly qualified (ii) in paragraph (5)(B), by striking limited English proficient students English learners (4) Section 204(a)(4)(D) ( 20 U.S.C. 1022c(a)(4)(D) limited English proficient students English learners (5) Section 205 (20 U.S.C. 1022d) is amended— (A) in subsection (a)(1)(G), by striking students who are limited English proficient English learners (B) in subsection (b)(1)— (i) in subparagraph (C), by striking State's challenging academic content standards required under section 1111(b)(1) college and career ready State academic content standards required under section 1111(a)(1) (ii) in subparagraph (L), by striking students who are limited English proficient English learners (6) Section 206 (20 U.S.C. 1022e) is amended— (A) in subsection (a), by striking limited English proficient students English learners (B) in subsection (b)(4), by striking limited English proficient students English learners (7) Section 208(b) (20 U.S.C. 1022g(b)) is amended— (A) by inserting teachers are highly qualified (B) by striking is highly qualified is a highly qualified teacher (8) Section 242(b) (20 U.S.C. 1033a(b)) is amended— (A) in the matter preceding paragraph (1), by inserting teachers highly qualified (B) in paragraph (1), by inserting teachers highly qualified (9) Section 251(b)(1)(A)(iii) ( 20 U.S.C. 1034(b)(1)(A)(iii) teachers highly qualified (10) Section 255(k) ( 20 U.S.C. 1035(k) (A) in paragraph (1), by striking section 9101(23)(B)(ii) section 9101(32)(A)(ii)(II) (B) in paragraph (3), by striking section 9101(23) section 9101(32) (11) Section 258(d) ( 20 U.S.C. 1036(d) (A) in paragraph (1)— (i) by striking limited English proficient students English learners (ii) by inserting teachers who will be highly qualified (B) in paragraph (2)(C), by striking limited English proficient students English learners (12) Section 402B(c)(7) ( 20 U.S.C. 1070a–12(c)(7) students who are limited English proficient English learners (13) Section 402C(d)(7) ( 20 U.S.C. 1070a–13(d)(7) students who are limited English proficient English learners (14) Section 402D (20 U.S.C. 1070a–14) is amended— (A) in subsection (a)(3), by striking students who are limited English proficient English learners (B) in subsection (c)(6), by striking students who are limited English proficient English learners (15) Section 402F(b)(11) ( 20 U.S.C. 1070a–16(b)(11) students who are limited English proficient English learners (16) Section 404D (20 U.S.C. 1070a–24) is amended— (A) in subsection (b)(10)(K), by striking students who are limited English proficient English learners (B) in subsection (c)(6)(B)(ii), by striking students who are limited English proficient English learners (17) Section 428J(b)(1)(B) ( 20 U.S.C. 1078–10(b)(1)(B) is highly qualified is a highly qualified teacher (18) Section 428K(b)(5) ( 20 U.S.C. 1078–11(b)(5) (A) in the heading, by striking students who are limited english proficient English learners (B) in subparagraph (A), by striking is highly qualified is a highly qualified teacher (C) in subparagraph (B)(i), by striking students who are limited English proficient English learners (19) Section 460(b)(1)(B) ( 20 U.S.C. 1087j(b)(1)(B) is highly qualified is a highly qualified teacher (20) Section 741(a)(10) ( 20 U.S.C. 1138(a)(10) limited English proficient students English learners (21) Section 806(a)(2) ( 20 U.S.C. 1161f(a)(2) (2) Highly qualified teacher The term highly qualified teacher . (b) Individuals with Disabilities Education Act The Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. (1) Section 602 (20 U.S.C. 1401) is amended— (A) in paragraph (10)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by striking has the meaning given the term in section 9101 means that the teacher is a highly qualified teacher in accordance with subparagraphs (A) and (B) of section 9101(32) (II) in clause (ii), by striking requirements of section 9101 requirements for a highly qualified teacher as defined in section 9101(32)(A) (ii) in subparagraph (C)— (I) in the matter preceding clause (i), by striking section 1111(b)(1) section 1111(a)(1) (II) clause (i), by striking requirements of section 9101 requirements for a highly qualified teacher, as defined in section 9101 (III) in clause (ii), by striking subparagraph (B) or (C) of section 9101(23) clause (ii) or (iii) of section 9101(32)(A) (iii) in subparagraph (D)— (I) in clause (i), by striking applicable requirements of section 9101 applicable requirements to be a highly qualified teacher as defined in section 9101 (II) in each of clauses (ii) and (iii), by striking section 9101(23)(C)(ii) section 9101(32)(A)(iii)(II) (iv) in subparagraph (F), by striking highly qualified for purposes of to be a highly qualified teacher for purposes of (B) in paragraph (18), by striking has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 when used in reference to an individual, means an individual who meets the requirements described in subparagraphs (C) and (D) of section 9101(23) of the Elementary and Secondary Education Act of 1965 (2) Section 611(e)(2)(C) ( 20 U.S.C. 1411(e)(2)(C) (A) in clause (x), by striking sections 1111(b) and 6111 sections 1111 and 1131 (B) in clause (xi)— (i) by striking , including supplemental educational services as defined in 1116(e) of the Elementary and Secondary Education Act of 1965 (ii) by striking objectives established by the State under section 1111(b)(2)(G) targets established by the State under section 1111(a)(3)(C) of (3) Section 612(a) (20 U.S.C. 1412(a))— (A) in paragraph (15)— (i) by striking clause (ii) of subparagraph (A); (ii) by redesignating clauses (iii) and (iv) of subparagraph (A) as clauses (ii) and (iii), respectively; (iii) in subparagraph (B), by striking , including measurable annual objectives for progress by children with disabilities under section 1111(b)(2)(C)(v)(II)(cc) of the Elementary and Secondary Education Act of 1965 (iv) in subparagraph (C), by striking section 1111(h) section 1111(e) (B) in paragraph (16)(C)(ii)(II), by striking section 1111(b)(1) section 1111(a) (4) Section 654(a)(1)(B) ( 20 U.S.C. 1454(a)(1)(B) challenging State student academic achievement and functional standards and with the requirements for professional development, as defined in section 9101 college and career ready State academic achievement and functional standards and with the requirements for professional development, as defined in section 9101 (5) Section 663(b)(2) ( 20 U.S.C. 1463(b)(2) for assessing adequate yearly progress, as described under section 1111(b)(2)(B) as described in section 1111(a)(2) (c) Carl D. Perkins Career and Technical Education Act of 2006 The Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. (1) Section 3(8) (20 U.S.C. 2302(8)) is amended by striking section 5210 section 5411 (2) Section 8(e) (20 U.S.C. 2306a(e)) is amended by striking section 1111(b)(1)(D) 1111(a)(1) (3) Section 113 (20 U.S.C. 2323) is amended— (A) in subsection (b)— (i) in paragraph (2)(A)— (I) in clause (i), by striking challenging academic content standards and student academic achievement standards, as adopted by a State in accordance with section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and measured by the State determined proficient levels on the academic assessments described in section 1111(b)(3) of such Act college and career ready State academic content and student academic achievement standards, as adopted by a State in accordance with section 1111(a)(1) of the Elementary and Secondary Education Act of 1965 and measured by the State-determined proficient levels on the academic assessments described in section 1111(a)(2) of such Act (II) in clause (iv), by striking Student graduation rates (as described in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965) Student graduation rates (as described in section 9101 of the Elementary and Secondary Education Act of 1965) (ii) in paragraph (4)(C)(ii)(I), by striking categories of students described in section 1111(h)(1)(C)(i) categories of students described in section 1111(a)(2)(B)(x) (B) in subsection (c)(2)(A), by striking categories of students described in section 1111(h)(1)(C)(i) categories of students described in section 1111(a)(2)(B)(x) (4) Section 114(d)(4)(A)(iii)(I)(aa) (20 U.S.C. 2324(d)(4)(A)(iii)(I)(aa)) is amended by striking academic content standards and student academic achievement standards, as adopted by States under section 1111(b)(1) college and career ready State academic content and student academic achievement standards, as adopted by a State in accordance with section 1111(a)(1) (5) Section 122(c)(1)(I)(i) ( 20 U.S.C. 2342(c)(1)(I)(i) rigorous and challenging academic content standards and student academic achievement standards adopted by the State under section 1111(b)(1) college and career ready State academic content and student academic achievement standards, as adopted by a State in accordance with section 1111(a)(1) (d) National and Community Service Act of 1990 The National and Community Service Act of 1990 ( 42 U.S.C. 12501 et seq. (1) Section 112(a)(1)(F) ( 42 U.S.C. 12523(a)(1)(F) attention to schools not making adequate yearly progress for two or more consecutive years under section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. attention to schools that are identified as focus schools or priority schools under subsection (c) or (d) of section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316) (2) Section 119(a)(2)(A)(ii)(II) ( 42 U.S.C. 12563(a)(2)(A)(ii)(II) the graduation rate (as defined in section 1111(b)(2)(C)(vi) the graduation rates (as defined in section 9101 (3) Section 120(a)(2)(C) ( 42 U.S.C. 12565(a)(2)(C) improved graduation rates, as defined in section 1111(b)(2)(C)(vi) improved graduation rates, as defined in section 9101 (4) Section 122 (42 U.S.C. 12572) is amended— (A) in subsection (a)(1)(C)(iii), by striking secondary school graduation rates as defined in section 1111(b)(2)(C)(vi) secondary school graduation rates as defined in section 9101 (B) in subsection (i)(1), by inserting college and career ready State (e) Title VI of the America COMPETES Act The America COMPETES Act ( Public Law 110–69 (1) Section 6112 (20 U.S.C. 9812) is amended— (A) in paragraph (3)(B)(i), by inserting teachers highly qualified (B) by striking paragraph (4) and inserting the following: (4) Highly qualified teacher The term highly qualified teacher . (2) Section 6113(d)(2)(G)(i) ( 20 U.S.C. 9813(d)(2)(G)(i) (A) by inserting teachers of highly qualified (B) by striking teachers foreign language (3) Section 6114(b)(3) ( 20 U.S.C. 9814(b)(3) (A) by inserting teachers of highly qualified (B) by striking teachers foreign language (4) Section 6122 (20 U.S.C. 9832) is amended— (A) in paragraph (3), by striking has the meaning given the term low-income individual 20 U.S.C. 6537(3) means a student who is from a low-income family, as defined in section 9101(36)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(36)(B)) (B) in paragraph (4), by striking has the meaning , used with respect to a school, means a school that serves a student population 40 percent or more of whom are low-income students. (C) in paragraph (5), by striking means a local educational agency or educational service agency described in 6112(3)(A) means a high-need local educational agency, as defined under section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (5) Section 6123(j)(2)(B) ( 20 U.S.C. 9833(j)(2)(B) disaggregated under section 1111(h)(1)(C)(i) disaggregated under section 1111(a)(2)(B)(x) (6) Section 6201(e)(2)(D)(ii)(I) ( 20 U.S.C. 9871(e)(2)(D)(ii)(I) assessments under section 1111(b) assessments under section 1111(a) (f) The Education of the Deaf Act of 1986 Section 104(b)(5) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4304(b)(5) (1) in subparagraph (A)— (A) in clause (i), by striking challenging academic content standards, challenging student academic achievement standards, and academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (3) of section 1111(b) college and career ready State academic content and student academic achievement standards and assessments of a State, adopted and implemented, as appropriate, pursuant to section 1111(a) (B) in clause (ii), by adding and (2) by striking subparagraph (B); (3) by redesignating subparagraph (C) as subparagraph (B); and (4) in subparagraph (B), as redesignated by paragraph (3), by striking , and whether the programs at the Clerc Center are making adequate yearly progress, as determined under subparagraph (B) (g) The Education Sciences Reform Act of 2002 The Education Sciences Reform Act of 2002 ( 20 U.S.C. 9501 et seq. (1) Section 153(a)(1)(F)(ii) ( 20 U.S.C. 9543(a)(1)(F)(ii) the percentage of teachers who are highly qualified the percentage of teachers who are highly qualified teachers (2) Section 177(a)(5) ( 20 U.S.C. 9567b(a)(5) section 1111(b) section 1111(a) (h) The Educational Technical Assistance Act of 2002 Section 203 of the Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9602 (1) in subsection (a)(2)(B), by striking schools identified for school improvement (as described in section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) schools identified as priority schools (as described in section 1116(d) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(c)(2) (2) in subsection (e), by striking paragraph (3) and inserting the following: (3) schools in the region identified by the State's accountability system under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316). ; and (3) in subsection (f)(1)(B), by striking 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) 1116 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316 (i) National Science Foundation Authorization Act of 2002 Section 9 of the National Science Foundation Authorization Act of 2002 ( 42 U.S.C. 1862n (1) in subsection (a)(10)(A)(iii)(I), by striking are considered highly qualified are considered highly qualified teachers (2) in subsection (b)(3)(A), by striking or a high-need local educational agency in which at least one school does not make adequate yearly progress, as determined pursuant to part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. (j) Richard B. Russell National School Lunch Act Section 9 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758 (1) in subsection (b)— (A) in paragraph (5)(D), by striking section 1309 section 1312 (B) in paragraph (12)(A)(vi), by striking section 1309 section 1312 (2) in subsection (d)(2)(E), by striking section 1309 section 1312 (k) America COMPETES Reauthorization Act of 2010 Section 553(d)(6) of the America COMPETES Reauthorization Act of 2010 ( 20 U.S.C. 9903(d)(6) the requirements under section 9101(23) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(23) the requirements for a highly qualified teacher as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (l) Violence Against Women Act of 1994 Section 41403(6)(B)(iii) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e–2(6)(B)(iii)) is amended by striking section 1309 section 1312 1. Short title This Act may be cited as the Strengthening America's Schools Act of 2013 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Transition. Sec. 5. Effective dates. Sec. 6. Table of contents of the Elementary and Secondary Education Act of 1965. Sec. 7. Authorization of appropriations. TITLE I—College and career readiness for all students Sec. 1001. Purpose. Sec. 1002. State reservations. PART A—Improving the academic achievement of the disadvantaged Sec. 1111. State and local requirements. Sec. 1112. Local educational agency plans. Sec. 1113. Eligible school attendance areas. Sec. 1114. Schoolwide programs. Sec. 1115. Targeted assistance schools. Sec. 1116. School performance. Sec. 1117. Qualifications for teachers and paraprofessionals. Sec. 1118. Parent and family engagement. Sec. 1119. Technical corrections regarding section 1119. Sec. 1120. Comparability of services. Sec. 1121. Coordination requirements. Sec. 1122. Grants for the outlying areas and the Secretary of the Interior. Sec. 1123. Allocations to States. Sec. 1124. Education finance incentive grant program. Sec. 1125. Blue ribbon schools; centers of excellence in early childhood; green ribbon schools. Sec. 1126. Grants for State assessments and related activities. Sec. 1127. Voluntary participation. PART B—Pathways to college Sec. 1201. Improving secondary schools. PART C—Education of migratory children Sec. 1301. Program purpose. Sec. 1302. Program authorized. Sec. 1303. State allocations. Sec. 1304. State applications; services. Sec. 1305. Secretarial approval; peer review. Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities. Sec. 1307. Bypass. Sec. 1308. National activities. Sec. 1309. Performance data; evaluations and study; State assistance. Sec. 1310. Definitions. PART D—Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk Sec. 1401. Purpose and program authorization. Sec. 1402. Allocation of funds. Sec. 1403. State plan and State agency applications. Sec. 1404. Use of funds. Sec. 1405. Institution-wide projects. Sec. 1406. Transition services. Sec. 1407. Program evaluation. Sec. 1408. Purpose of local agency programs. Sec. 1409. Programs operated by local educational agencies. Sec. 1410. Local educational agency applications. Sec. 1411. Uses of funds. Sec. 1412. Program requirements for correctional facilities receiving funds under this section. Sec. 1413. Accountability. Sec. 1414. Program evaluations. Sec. 1415. Definitions. PART E—Educational stability of children in foster care Sec. 1501. Educational stability of children in foster care. PART F—General provisions Sec. 1601. Reorganization. TITLE II—Supporting teacher and principal excellence Sec. 2101. Supporting teacher and principal excellence. TITLE III—Language and academic content instruction for English learners and immigrant students Sec. 3001. Language and academic content instruction for English learners and immigrant students. TITLE IV—Supporting successful, well-rounded students Sec. 4101. Redesignations. Sec. 4102. Improving literacy instruction and student achievement. Sec. 4103. Improving science, technology, engineering, and mathematics instruction and student achievement. Sec. 4104. Increasing access to a well-rounded education. Sec. 4105. Successful, safe, and healthy students. Sec. 4106. Student non-discrimination. Sec. 4107. 21st Century Community Learning Centers. Sec. 4108. Promise neighborhoods. Sec. 4109. Parent and family information and resource centers. Sec. 4110. Programs of national significance. Sec. 4111. Competency-based assessment and accountability demonstration authority. TITLE V—Promoting innovation Sec. 5001. Promoting innovation. PART A—Race to the Top Sec. 5101. Race to the Top. PART B—Investing in innovation Sec. 5201. Investing in innovation. PART C—Magnet schools assistance Sec. 5301. Findings and purpose. Sec. 5302. Program authorized. Sec. 5303. Applications and requirements. Sec. 5304. Priority. Sec. 5305. Use of funds. Sec. 5306. Limitations. Sec. 5307. Evaluations. Sec. 5308. Availability of funds for grants to agencies not previously assisted. PART D—Public charter schools Sec. 5401. Public charter schools. PART E—Voluntary public school choice Sec. 5501. Voluntary public school choice. PART F—College Information Demonstration Program Sec. 5601. College Information Demonstration Program. TITLE VI—Promoting flexibility; rural education Sec. 6101. Promoting flexibility. Sec. 6102. Rural education. Sec. 6103. General provisions. TITLE VII—Indian, Native Hawaiian, and Alaska Native education PART A—Indian education Sec. 7101. Purpose. SUBPART 1—Formula grants to local educational agencies Sec. 7111. Formula grant purpose. Sec. 7112. Grants to local educational agencies, tribes, and Indian organizations. Sec. 7113. Amount of grants. Sec. 7114. Applications. Sec. 7115. Authorized services and activities. Sec. 7116. Integration of services authorized. Sec. 7117. Student eligibility forms. SUBPART 2—Special programs and projects to improve educational opportunities for Indian children and youth Sec. 7121. Special programs and projects to improve educational opportunities for Indian children and youth. Sec. 7122. Improvement of educational opportunities for Indian children and youth. Sec. 7123. Professional development for teachers and education professionals. SUBPART 3—National activities Sec. 7131. National activities. SUBPART 4—Federal administration Sec. 7141. National Advisory Council on Indian Education. SUBPART 5—Definitions; authorization of appropriations Sec. 7151. Definitions; authorization of appropriations. PART B—Native Hawaiian education; Alaska Native education Sec. 7201. Native Hawaiian education and Alaska Native education. SUBPART 1—Native Hawaiian education Sec. 7202. Findings. Sec. 7203. Purposes. Sec. 7204. Native Hawaiian Education Council. Sec. 7205. Program authorized. Sec. 7206. Administrative provisions. Sec. 7207. Definitions. SUBPART 2—Alaska Native Education Sec. 7301. Alaska Native education. TITLE VIII—Impact aid Sec. 8001. Purpose. Sec. 8002. Payments relating to Federal acquisition of real property. Sec. 8003. Payments for eligible federally connected children. Sec. 8004. Construction. Sec. 8005. Facilities. Sec. 8006. Federal administration. Sec. 8007. Definitions. Sec. 8008. Conforming amendment. Sec. 8009. Eligibility for impact aid payment. Sec. 8010. Repeal of sunset under the NDAA amendments to Impact Aid. TITLE IX—General provisions Sec. 9101. Definitions. Sec. 9102. Unsafe school choice option. Sec. 9103. Geographic diversity. Sec. 9104. Evaluation authority. Sec. 9105. Conforming amendments. TITLE X—Commission on Effective Regulation and Assessment Systems for Public Schools Sec. 10011. Short title. Sec. 10012. Definitions. Sec. 10013. Establishment of Commission on Effective Regulation and Assessment Systems for Public Schools. Sec. 10014. Powers of the Commission. Sec. 10015. Duties of the Commission. Sec. 10016. Commission personnel matters. TITLE XI—Amendments to other laws; miscellaneous provisions PART A—Amendments to other laws SUBPART 1—McKinney-Vento Homeless Assistance Act Sec. 11011. Short title. Sec. 11012. Education for homeless children and youth. SUBPART 2—Advanced Research Projects Agency-Education Sec. 11021. Advanced Research Projects Agency-Education. PART B—Miscellaneous provisions Sec. 11211. Technical and conforming amendments. 3. References Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. 4. Transition (a) Multi-year awards Except as otherwise provided in this Act, the recipient of a multi-year award under the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act, shall continue to receive funds in accordance with the terms of that award, except that no additional funds may be awarded after September 30, 2014. (b) Flexibility waivers In the case of a State that received a flexibility waiver from the Secretary of Education under the authority of section 9401 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7861 (c) Planning and transition Notwithstanding any other provision of law, a recipient of funds under the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act, may use funds available to the recipient under that predecessor authority to carry out necessary and reasonable planning and transition activities in order to ensure an orderly implementation of programs authorized by this Act, and the amendments made by this Act. (d) Orderly Transition The Secretary shall take such steps as are necessary to provide for the orderly transition to, and implementation of, programs authorized by this Act, and by the amendments made by this Act, from programs authorized by the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act except in such cases where this Act requires specific transition steps to take place. 5. Effective dates (a) In general Except as otherwise provided in this Act, this Act, and the amendments made by this Act, shall be effective upon the date of enactment of this Act. (b) Noncompetitive programs With respect to noncompetitive programs under which any funds are allotted by the Secretary of Education to recipients on the basis of a formula, this Act, and the amendments made by this Act, shall take effect on July 1, 2013. (c) Competitive programs With respect to programs that are conducted by the Secretary on a competitive basis, this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under those programs for fiscal year 2014. (d) Impact Aid With respect to title VIII (Impact Aid), this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under that title for fiscal year 2014. 6. Table of contents of the Elementary and Secondary Education Act of 1965 Section 2 is amended to read as follows: 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Authorization of appropriations. TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED Sec. 1001. Purpose. Sec. 1002. State administration and State accountability and support. Part A—Improving Basic Programs Operated by Local Educational Agencies Subpart 1—Basic Program Requirements Sec. 1111. State and local requirements. Sec. 1112. Local educational agency plans. Sec. 1113. Eligible school attendance areas. Sec. 1114. Schoolwide programs. Sec. 1115. Targeted assistance schools. Sec. 1116. School performance. Sec. 1117. Qualifications for teachers and paraprofessionals. Sec. 1118. Parent and family engagement. Sec. 1119. Participation of children enrolled in private schools. Sec. 1120. Fiscal requirements. Sec. 1120A. Coordination requirements. Subpart 2—Allocations Sec. 1121. Grants for the outlying areas and the Secretary of the Interior. Sec. 1122. Allocations to States. Sec. 1124. Basic grants to local educational agencies. Sec. 1124A. Concentration grants to local educational agencies. Sec. 1125. Targeted grants to local educational agencies. Sec. 1125AA. Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 2001. Sec. 1125A. Education finance incentive grant program. Sec. 1126. Special allocation procedures. Subpart 3—Blue ribbon schools; centers of excellence in early childhood; green ribbon schools Sec. 1131. Blue ribbon schools. Sec. 1132. Centers of excellence in early childhood. Sec. 1133. Green ribbon schools. Subpart 4—Grants for State assessments and related activities Sec. 1141. Grants for State assessments and related activities. Part B—Pathways to college Subpart 1—Improving Secondary Schools Sec. 1201. Secondary school reform. Subpart 2—Accelerated Learning Sec. 1221. Purposes. Sec. 1222. Funding distribution rule. Sec. 1223. Advanced Placement and International Baccalaureate examination fee program. Sec. 1224. Advanced Placement and International Baccalaureate incentive program grants. Sec. 1225. Supplement, not supplant. Sec. 1226. Definitions. Part C—Education of Migratory Children Sec. 1301. Program purpose. Sec. 1302. Program authorized. Sec. 1303. State allocations. Sec. 1304. State applications; services. Sec. 1305. Secretarial approval; peer review. Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities. Sec. 1307. Bypass. Sec. 1308. National activities. Sec. 1309. Performance data. Sec. 1310. Evaluation and study. Sec. 1311. State assistance in determining number of migratory children. Sec. 1312. Definitions. Part D—Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-risk Sec. 1401. Purpose and program authorization. Sec. 1402. Payments for programs under this part. Subpart 1—State Agency Programs Sec. 1411. Eligibility. Sec. 1412. Allocation of funds. Sec. 1413. State reallocation of funds. Sec. 1414. State plan and State agency applications. Sec. 1415. Use of funds. Sec. 1416. Institution-wide projects. Sec. 1417. Three-year programs or projects. Sec. 1418. Transition services. Sec. 1419. Program evaluation. Subpart 2—Local Agency Programs Sec. 1421. Purpose. Sec. 1422. Programs operated by local educational agencies. Sec. 1423. Local educational agency applications. Sec. 1424. Uses of funds. Sec. 1425. Program requirements for correctional facilities receiving funds under this section. Sec. 1426. Accountability. Subpart 3—General Provisions Sec. 1431. Program evaluations. Sec. 1432. Definitions. Part E—Educational stability of children in foster care Sec. 1501. Educational stability of children in foster care. Sec. 1502. Definitions. Part F—General Provisions Sec. 1601. Federal regulations. Sec. 1602. Agreements and records. Sec. 1603. State administration. Sec. 1604. Local educational agency spending audits. Sec. 1605. Prohibition against Federal mandates, direction, or control. Sec. 1606. Rule of construction on equalized spending. Sec. 1607. State report on dropout data. Sec. 1608. Regulations for sections 1111 and 1116. TITLE II—SUPPORTING TEACHER AND PRINCIPAL EXCELLENCE Part A—Continuous Improvement and Support for Teachers and Principals Sec. 2101. Purpose. Sec. 2102. Definitions. Subpart 1—Grants to States Sec. 2111. Allotments to States. Sec. 2112. State applications. Sec. 2113. State use of funds. Subpart 2—Subgrants to Local Educational Agencies Sec. 2121. Allocations to local educational agencies. Sec. 2122. Local applications and needs assessment. Sec. 2123. Local use of funds. Subpart 3—National leadership activities Sec. 2131. National leadership activities. Sec. 2132. Gifted and talented students. Subpart 4—Accountability Sec. 2141. Accountability. Subpart 5—Principal Recruitment and Training Sec. 2151. Principal recruitment and training grant program. Part B—Teacher Pathways to the Classroom Sec. 2201. Teacher Pathways. Part C—Teacher Incentive Fund Program Sec. 2301. Purposes; definitions. Sec. 2302. Teacher incentive fund grants. Part D—Achievement through Technology and Innovation Sec. 2401. Short title. Sec. 2402. Purposes and goals. Sec. 2403. Definitions. Sec. 2404. Allocation of funds; limitation. Sec. 2405. E-rate restriction. Sec. 2406. Rule of construction regarding purchasing. Subpart 1—State and Local Grants Sec. 2411. Allotment and reallotment. Sec. 2412. Use of allotment by State. Sec. 2413. State applications. Sec. 2414. State activities. Sec. 2415. Local applications. Sec. 2416. Local activities. Sec. 2417. Reporting. Subpart 2—Internet Safety Sec. 2421. Internet safety. TITLE III—LANGUAGE AND ACADEMIC CONTENT INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS Part A—English Language Acquisition, Language Enhancement, and Academic Achievement Act Sec. 3101. Short title. Sec. 3102. Purposes. Subpart 1—Grants and Subgrants for English Language Acquisition and Language Enhancement Sec. 3111. Formula grants to States. Sec. 3112. Native American and Alaska Native children in school. Sec. 3113. State educational agency plans. Sec. 3114. Within-State allocations. Sec. 3115. Subgrants to eligible entities. Sec. 3116. Local plans. Subpart 2—Accountability and Administration Sec. 3121. Local evaluation and accountability. Sec. 3122. State accountability. Sec. 3123. Reporting requirements. Sec. 3124. Coordination with related programs. Sec. 3125. Rules of construction. Sec. 3126. Legal authority under State law. Sec. 3127. Civil rights. Sec. 3128. Programs for Native Americans and Puerto Rico. Sec. 3129. Prohibition. Subpart 3—National Activities Sec. 3131. Professional development grants. Sec. 3132. Commission on the Assessment and Advancement of English Learners. Sec. 3133. English language acquisition technology innovation grants. Part B—General Provisions Sec. 3201. Definitions. Sec. 3202. Parental notification. Sec. 3203. National Clearinghouse. Sec. 3204. Regulations. TITLE IV—SUPPORTING SUCCESSFUL, WELL-ROUNDED STUDENTS Part A—Improving literacy instruction and student achievement Subpart 1—Improving literacy instruction Sec. 4101. Short title. Sec. 4102. Purposes. Sec. 4103. Definitions. Sec. 4104. Program authorized. Sec. 4105. State planning grants. Sec. 4106. State implementation grants. Sec. 4107. State activities. Sec. 4108. Subgrants to eligible entities in support of birth through kindergarten entry literacy. Sec. 4109. Subgrants to eligible entities in support of kindergarten through grade 12 literacy. Sec. 4110. National evaluation, information dissemination, and technical assistance. Sec. 4111. Rules of construction. Subpart 2—Improving literacy and college and career readiness through effective school library programs Sec. 4113. Purpose. Sec. 4114. Definitions. Sec. 4115. Improving literacy and college and career readiness through effective school library program grants. Part B—Improving science, technology, engineering, and mathematics instruction and student achievement Subpart 1—Improving STEM instruction and student achievement Sec. 4201. Purpose. Sec. 4202. Definitions. Sec. 4203. Grants; allotments. Sec. 4204. Applications. Sec. 4205. Authorized activities. Sec. 4206. Performance metrics; report. Sec. 4207. Evaluation. Sec. 4208. Supplement not supplant. Sec. 4209. Maintenance of effort. Subpart 2—STEM Master Teacher Corps program 4221. Purpose. 4222. Definitions. 4223. STEM Master Teacher Corps program. 4224. Application. 4225. Required use of funds. 4226. Performance metrics; reports. 4227. Supplement not supplant. 4228. Evaluation. Part C—Increasing access to a well-rounded education and financial literacy Subpart 1—Increasing access to a well-rounded education Sec. 4301. Purpose. Sec. 4302. Definitions. Sec. 4303. Grant program. Subpart 2—Financial literacy education Sec. 4311. Short title. Sec. 4312. Statewide incentive grants for financial literacy education. Part D—Successful, safe, and healthy students Sec. 4401. Purpose. Sec. 4402. Definitions. Sec. 4403. Allocation of funds. Sec. 4404. Successful, safe, and healthy students State grants. Sec. 4405. Technical assistance. Sec. 4406. School construction after a violent or traumatic crisis. Sec. 4407. Prohibited uses of funds. Sec. 4408. Federal and State nondiscrimination laws. Part E—Student non-discrimination Sec. 4501. Short title. Sec. 4502. Findings and purposes. Sec. 4503. Definitions and rule. Sec. 4504. Prohibition against discrimination. Sec. 4505. Federal administrative enforcement; report to congressional committees. Sec. 4506. Private cause of action. Sec. 4507. Cause of action by the Attorney General. Sec. 4508. State immunity. Sec. 4509. Attorney's fees. Sec. 4510. Effect on other laws. Sec. 4511. Severability. Sec. 4512. Effective date. Part F—21st Century Community Learning Centers Sec. 4601. Purpose; definitions. Sec. 4602. Allotments to States. Sec. 4603. State application. Sec. 4604. Local competitive grant program. Sec. 4605. Local activities. Part G—Promise Neighborhoods Sec. 4701. Short title. Sec. 4702. Purpose. Sec. 4703. Definitions. Subpart 1—Promise Neighborhood Partnership Grants Sec. 4711. Program authorized. Sec. 4712. Eligible entities. Sec. 4713. Application requirements. Sec. 4714. Use of funds. Sec. 4715. Report and publicly available data. Sec. 4716. Performance accountability and evaluation. Subpart 2—Promise School Grants Sec. 4721. Program authorized. Sec. 4722. Definition of eligible entity. Sec. 4723. Application requirements; priority. Sec. 4724. Use of funds. Sec. 4725. Report and publicly available data. Sec. 4726. Performance accountability and evaluation. Subpart 3—General Provisions Sec. 4731. National activities. Part H—Parent and family information and resource centers Sec. 4801. Purpose. Sec. 4802. Definition of eligible entity. Sec. 4803. Grants authorized. Sec. 4804. Applications. Sec. 4805. Uses of funds. Sec. 4806. Administrative provisions. Part I—Ready To Learn Sec. 4901. Ready To Learn. Part J—Programs of National Significance Sec. 4905. Programs authorized. Sec. 4906. Applications. Sec. 4907. Program requirements. Part K—Competency-based assessment and accountability demonstration authority Sec. 4909. Competency-based assessment and accountability demonstration. TITLE V—PROMOTING INNOVATION Part A—Race to the Top Sec. 5101. Purposes. Sec. 5102. Reservation of funds. Sec. 5103. Race to the Top program. Sec. 5104. Application process. Sec. 5105. Performance measures. Sec. 5106. Uses of funds. Sec. 5107. Reporting. Part B—Investing in Innovation Sec. 5201. Purposes. Sec. 5202. Reservations. Sec. 5203. Program authorized; length of grants; priorities. Sec. 5204. Applications. Sec. 5205. Uses of funds. Sec. 5206. Performance measures. Sec. 5207. Reporting. Part C—Magnet Schools Assistance Sec. 5301. Findings and purpose. Sec. 5302. Definition. Sec. 5303. Program authorized. Sec. 5304. Eligibility. Sec. 5305. Applications and requirements. Sec. 5306. Priority. Sec. 5307. Use of funds. Sec. 5308. Prohibition. Sec. 5309. Limitations. Sec. 5310. Evaluations. Sec. 5311. Availability of funds for grants to agencies not previously assisted. Part D—Public Charter Schools Sec. 5401. Purpose. Sec. 5402. Distribution of funds. Subpart 1—Successful Charter Schools Program Sec. 5411. Definitions. Sec. 5412. Program authorized. Sec. 5413. Applications. Sec. 5414. Selection criteria; priority. Sec. 5415. Uses of funds. Sec. 5416. Subgrants. Sec. 5417. Performance measures; reports. Sec. 5418. Federal formula allocation during first year and for successive enrollment expansions. Sec. 5419. Records transfer. Sec. 5420. National activities. Subpart 2—Charter School Facility Acquisition, Construction, and Renovation Sec. 5431. Purpose. Sec. 5432. Definitions. Sec. 5433. Grants to eligible entities. Sec. 5434. Charter school objectives. Sec. 5435. Applications; selection criteria. Sec. 5436. Reserve account. Sec. 5437. Limitation on administrative costs. Sec. 5438. Audits and reports. Sec. 5439. No full faith and credit for grantee obligations. Sec. 5440. Recovery of funds. Part E—Voluntary Public School Choice Programs Sec. 5501. Grants. Sec. 5502. Uses of funds. Sec. 5503. Applications. Sec. 5504. Priorities. Sec. 5505. Requirements and voluntary participation. Sec. 5506. Evaluations. Sec. 5507. Definitions. Part F—College Information Demonstration Program Sec. 5601. College information demonstration program. TITLE VI—PROMOTING FLEXIBILITY; RURAL EDUCATION Part A—Transferability Sec. 6101. Transferability of funds. Part B—Rural Education Initiative Sec. 6201. Short title. Sec. 6202. Purpose. Subpart 1—Small, Rural School Achievement Program Sec. 6211. Program authorized. Sec. 6212. Academic achievement assessments. Subpart 2—Rural and Low-Income School Program Sec. 6221. Program authorized. Sec. 6222. Uses of funds. Sec. 6223. Applications. Sec. 6224. Accountability. Subpart 3—General Provisions Sec. 6231. Choice of participation. Sec. 6232. Annual average daily attendance determination. Sec. 6233. Supplement, not supplant. Sec. 6234. Rule of construction. TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION Part A—Indian Education Sec. 7101. Statement of policy. Sec. 7102. Purpose. Subpart 1—Formula Grants to Local Educational Agencies Sec. 7111. Purpose. Sec. 7112. Grants to local educational agencies and tribes. Sec. 7113. Amount of grants. Sec. 7114. Applications. Sec. 7115. Authorized services and activities. Sec. 7116. Integration of services authorized. Sec. 7117. Student eligibility forms. Sec. 7118. Payments. Sec. 7119. State educational agency review. Subpart 2—Special Programs and Projects To Improve Educational Opportunities for Indian Children and Youth Sec. 7121. Improvement of educational opportunities for Indian children and youth. Sec. 7122. Professional development for teachers and education professionals. Subpart 3—National Activities Sec. 7131. National research activities. Sec. 7132. Improvement of academic success for students through Native American language. Sec. 7133. Improving State and tribal educational agency collaboration. Subpart 4—Federal Administration Sec. 7141. National Advisory Council on Indian Education. Sec. 7142. Peer review. Sec. 7143. Preference for Indian applicants. Sec. 7144. Minimum grant criteria. Subpart 5—Definitions Sec. 7151. Definitions. Part B—Native Hawaiian Education; Alaska Native Education Subpart 1—Native Hawaiian Education Sec. 7201. Short title. Sec. 7202. Findings. Sec. 7203. Purposes. Sec. 7204. Native Hawaiian Education Council. Sec. 7205. Program authorized. Sec. 7206. Administrative provisions. Sec. 7207. Definitions. Subpart 2—Alaska Native Education Sec. 7301. Short title. Sec. 7302. Findings. Sec. 7303. Purposes. Sec. 7304. Program authorized. Sec. 7305. Administrative provisions. Sec. 7306. Definitions. TITLE VIII—IMPACT AID Sec. 8001. Purpose. Sec. 8002. Payments relating to Federal acquisition of real property. Sec. 8003. Payments for eligible federally connected children. Sec. 8004. Policies and procedures relating to children residing on Indian lands. Sec. 8005. Application for payments under sections 8002 and 8003. Sec. 8007. Construction. Sec. 8008. Facilities. Sec. 8009. State consideration of payments in providing State aid. Sec. 8010. Federal administration. Sec. 8011. Administrative hearings and judicial review. Sec. 8012. Forgiveness of overpayments. Sec. 8013. Definitions. TITLE IX—GENERAL PROVISIONS Part A—Definitions Sec. 9101. Definitions. Sec. 9102. Applicability of title. Sec. 9103. Applicability to Bureau of Indian Affairs operated schools. Part B—Flexibility in the use of Administrative and Other Funds Sec. 9201. Consolidation of State administrative funds for elementary and secondary education programs. Sec. 9202. Single local educational agency States. Sec. 9203. Consolidation of funds for local administration. Sec. 9204. Consolidated set-aside for Department of the Interior funds. Part C—Coordination of Programs; Consolidated State and Local Plans and Applications Sec. 9301. Purposes. Sec. 9302. Optional consolidated State plans or applications. Sec. 9303. Consolidated reporting. Sec. 9304. General applicability of State educational agency assurances. Sec. 9305. Consolidated local plans or applications. Sec. 9306. Other general assurances. Part D—Waivers Sec. 9401. Waivers of statutory and regulatory requirements. Part E—Uniform Provisions Subpart 1—Private Schools Sec. 9501. Participation by private school children and teachers. Sec. 9502. Standards for by-pass. Sec. 9503. Complaint process for participation of private school children. Sec. 9504. By-pass determination process. Sec. 9505. Prohibition against funds for religious worship or instruction. Sec. 9506. Private, religious, and home schools. Subpart 2—Other Provisions Sec. 9521. Maintenance of effort. Sec. 9522. Prohibition regarding State aid. Sec. 9523. Privacy of assessment results. Sec. 9524. School prayer. Sec. 9525. Equal access to public school facilities. Sec. 9526. General prohibitions. Sec. 9527. Prohibitions on Federal Government and use of Federal funds. Sec. 9528. Armed Forces recruiter access to students and student recruiting information. Sec. 9529. Prohibition on federally sponsored testing. Sec. 9530. Limitations on national testing or certification for teachers. Sec. 9531. Prohibition on nationwide database. Sec. 9532. Unsafe school choice option. Sec. 9533. Prohibition on discrimination. Sec. 9534. Civil rights. Sec. 9535. Rulemaking. Sec. 9536. Severability. Sec. 9537. Geographic diversity. Subpart 3—Teacher Liability Protection Sec. 9541. Short title. Sec. 9542. Purpose. Sec. 9543. Definitions. Sec. 9544. Applicability. Sec. 9545. Preemption and election of State nonapplicability. Sec. 9546. Limitation on liability for teachers. Sec. 9547. Allocation of responsibility for noneconomic loss. Sec. 9548. Effective date. Part F—Evaluations Sec. 9601. Evaluation authority. Part G—Miscellaneous Provisions Subpart 1—Gun Possession Sec. 9701. Gun-free requirements. Subpart 2—Environmental Tobacco Smoke Sec. 9721. Short title. Sec. 9722. Definitions. Sec. 9723. Nonsmoking policy for children's services. Sec. 9724. Preemption. . 7. Authorization of appropriations The Act (20 U.S.C. 6301 et seq.) is amended by inserting after section 2 the following: 3. Authorization of appropriations (a) Local educational agency grants (1) In general There are authorized to be appropriated to carry out part A of title I (except for sections 1116(f), 1125A, and 1132, and subpart 4 of part A of such title) such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (2) School improvement grants, national activities, and evaluation (A) In general There are authorized to be appropriated to carry out section 1116(f) such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (B) Reservation for national activities Of the amounts appropriated under subparagraph (A) for a fiscal year, the Secretary shall reserve not more than 2 percent for the national activities described in section 1116(f)(6). (3) Education finance incentive grant program There are authorized to be appropriated to carry out section 1125A such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (4) Centers of excellence in early childhood There are authorized to be appropriated to carry out section 1132 such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (b) Grants for State assessments and the national assessment of educational progress (1) National assessment of educational progress For the purpose of administering the State assessments under the National Assessment of Educational Progress, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (2) State assessments and related activities For the purpose of carrying out assessment and related activities under subpart 4 of part A of title I, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (c) Pathways to college For the purposes of carrying out part B of title I, Pathways to College, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (d) Education of migratory children For the purposes of carrying out part C of title I, Education of Migratory Children, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (e) Neglected and delinquent For the purposes of carrying out part D of title I, Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (f) Continuous improvement and support for teachers and principals (1) In general For the purposes of carrying out subparts 1, 2, 3, and 4 of part A of title II, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (2) Principal recruitment and training For the purposes of carrying out subpart 5 of part A of title II, Principal Recruitment and Training, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (g) Teacher Pathways to the Classroom For the purposes of carrying out part B of title II, Teacher Pathways to the Classroom, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (h) Teacher incentive fund For the purposes of carrying out part C of title II, Teacher Incentive Fund, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (i) Achievement through Technology and Innovation For the purposes of carrying out part D of title II, Achievement through Technology and Innovation, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (j) English Learners and Immigrant Students For the purposes of carrying out title III, Language and Academic Content Instruction for English Learners and Immigrant Students, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (k) Improving Literacy and Student Achievement (1) Improving literacy For the purposes of carrying out subpart 1 of part A of title IV, Improving Literacy Instruction, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (2) Effective school library programs For the purposes of carrying out subpart 2 of part A of title IV, Improving Literacy and College and Career Readiness Through Effective School Library Programs, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (l) Improving Science, Technology, Engineering, and Mathematics Instruction and Student Achievement For the purposes of carrying out part B of title IV, Improving Science, Technology, Engineering, and Mathematics Instruction and Student Achievement, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (m) Increasing Access to a Well-Rounded Education and Financial Literacy For the purposes of carrying out part C of title IV, Increasing Access to a Well-Rounded Education and Financial Literacy, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (n) Successful, Safe, and Healthy Students (1) In general For the purposes of carrying out part D of title IV (except for section 4406), Successful, Safe, and Healthy Students, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (2) School construction after a violent or traumatic crisis For purposes of carrying out section 4406, School Construction After a Violent or Traumatic Crisis, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. Funds made available under this paragraph shall remain available until expended. (o) 21st Century Community Learning Centers For the purposes of carrying out part F of title IV, 21st Century Community Learning Centers, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (p) Promise Neighborhoods For the purposes of carrying out part G of title IV, Promise Neighborhoods, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (q) Parent and Family Information and Resource Centers For the purposes of carrying out part H of title IV, Parent and Family Information and Resource Centers, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (r) Ready To Learn For the purposes of carrying out part I of title IV, Ready To Learn, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (s) Programs of national significance For the purposes of carrying out part I of title IV, Programs of National Significance, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (t) Race to the Top For the purposes of carrying out part A of title V, Race to the Top, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (u) Investing in Innovation For the purposes of carrying out part B of title V, Investing in Innovation, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (v) Magnet Schools Assistance For the purposes of carrying out part C of title V, Magnet Schools Assistance, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (w) Public charter schools For the purposes of carrying out part D of title V, Public Charter Schools, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (x) Voluntary public school choice For the purposes of carrying out part E of title V, Voluntary Public School Choice, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (y) College Information Demonstration Program For the purposes of carrying out part F of title V, College Information Demonstration Program, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (z) Rural education achievement program For the purposes of carrying out part B of title VI, Rural Education Achievement Program, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (aa) Indian, native hawaiian, and Alaska native education (1) Indian education and Native Hawaiian education For the purposes of carrying out part A and subpart 1 of part B of title VII, Indian Education and Native Hawaiian Education, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (2) Alaska Native education There are authorized to be appropriated to carry out subpart 2 of part B of title VII, Alaska Native Education, such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years. (bb) Impact aid For the purposes of carrying out title VIII, Impact Aid, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years, in accordance with the following: (1) Payments for Federal acquisition of real property For the purpose of making payments under section 8002, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (2) Basic payments; payments for heavily impacted local educational agencies For the purpose of making payments under section 8003(b), there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (3) Payments for children with disabilities For the purpose of making payments under section 8003(d), there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (4) Construction For the purpose of carrying out section 8007, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (5) Facilities maintenance For the purpose of carrying out section 8008, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. . I College and career readiness for all students 1001. Purpose Section 1001 ( 20 U.S.C. 6301 1001. Purpose The purpose of this title is to ensure every child has a fair, equal, and significant opportunity to obtain a high-quality education and graduate from high school ready for college, career, and citizenship. This purpose can be accomplished by— (1) setting high expectations for children to develop deep content knowledge and the ability to use knowledge to think critically, solve problems, communicate effectively, and collaborate with others, in order to graduate, from high school, college and career ready; (2) supporting high-quality teaching to continuously improve instruction and encourage new models of teaching and learning; (3) focusing on increasing student achievement and closing achievement gaps; (4) providing additional resources and supports to meet the needs of disadvantaged students, including children from low-income families and those attending high-poverty schools, English learners, migratory children, children with disabilities, Indian children, and neglected or delinquent children; (5) providing young children with greater access to high-quality early learning experiences to ensure they enter school ready to learn; (6) removing barriers to, and encouraging State and local innovation and leadership in, education based on the evaluation of success and continuous improvement; (7) removing barriers and promoting integration across all levels of education, and across Federal education programs; (8) streamlining Federal requirements to reduce burdens on States, local educational agencies, schools, and educators; and (9) strengthening parental engagement and coordination of student, family, and community supports to promote student success. . 1002. State reservations Title I ( 20 U.S.C. 6301 et seq. (1) by striking sections 1002 and 1003; (2) by redesignating section 1004 as section 1002; and (3) in section 1002 (as redesignated by paragraph (2))— (A) in the section heading, by inserting and State accountability and support (B) by redesignating paragraphs (1) and (2) of subsection (a) as subparagraphs (A) and (B), respectively, and by aligning the margins of such subparagraphs with the margins of subparagraph (C) of section 1111(a)(1); (C) by redesignating subsection (b) as paragraph (2) of subsection (a), and by aligning the margins of such paragraph with the margins of paragraph (1) of section 1111(a); (D) by striking In general State administration (1) In general Except as provided in paragraph (2) ; (E) in subsection (a)(2), as redesignated by subparagraph (C), by striking subsection (a)(1) paragraph (1)(A) (F) by adding at the end the following: (b) Accountability and support (1) In general Each State may reserve not more than 6 percent of the amount the State receives under subpart 2 of part A to carry out paragraph (2) and to carry out the State and local educational agency responsibilities under section 1116, which may include carrying out a statewide system of technical assistance and support for local educational agencies and identifying and disseminating evidence-based practices. (2) Uses (A) In general Of the amount reserved under paragraph (1) for any fiscal year, the State educational agency shall use not less than 90 percent of that amount by allocating such sums directly to local educational agencies for activities required under section 1116. (B) Option Notwithstanding subparagraph (A), the State educational agency may, with the approval of the local educational agency, directly provide for the activities required under section 1116 or arrange for their provision through other entities such as educational service agencies and external providers with expertise in using strategies based on scientifically valid research to improve teaching, learning, and schools. (3) Priority The State educational agency, in allocating funds to local educational agencies under this subsection, shall give priority to local educational agencies that— (A) serve the lowest-performing schools, including schools identified as focus schools or priority schools under subsection (c) or (d) of section 1116; (B) demonstrate the greatest need for such funds; and (C) demonstrate the strongest commitment to use the funds to enable the lowest-achieving schools to improve student achievement and outcomes through the use of evidence-based practices that are consistent with the evidence standards described in section 5203(e). (4) Unused funds If, after consultation with local educational agencies, the State educational agency determines the amount of funds reserved to carry out this subsection is greater than the amount needed to provide the assistance described in this subsection, the State educational agency shall allocate the excess amount to local educational agencies in accordance with— (A) the relative allocations the State educational agency made to those agencies for that fiscal year under subpart 2 of part A; or (B) section 1126(c). (5) Special rule Notwithstanding any other provision of this subsection, the amount of funds reserved by the State educational agency under this subsection in any fiscal year shall not decrease the amount of funds each local educational agency receives under subpart 2 of part A below the amount received by such local educational agency under such subpart for the preceding fiscal year. (6) Reporting Each State educational agency shall make publicly available a list of those schools that have received funds or services pursuant to this subsection and the percentage of students from each such school from families with incomes below the poverty line. . A Improving the academic achievement of the disadvantaged 1111. State and local requirements Section 1111 ( 20 U.S.C. 6301 1111. State and local requirements (a) Academic standards, academic assessments, and accountability requirements (1) Requirements for college and career ready State standards In order to receive a grant for the program under this subpart and subpart 2, each State shall demonstrate the State meets the following requirements: (A) College and career ready aligned standards for reading or language arts and mathematics (i) In general The State shall— (I) not later than December 31, 2014, adopt college and career ready academic content standards in reading or language arts and mathematics that meet the requirements of clauses (ii) and (iii); and (II) not later than the beginning of the 2015–2016 school year, adopt college and career ready student academic achievement standards in reading or language arts and mathematics that meet the requirements of clauses (ii) and (iv). (ii) Alignment of college and career ready standards Each State plan shall demonstrate the State has adopted college and career ready academic content standards and college and career ready student academic achievement standards aligned with— (I) (aa) credit-bearing academic coursework, without the need for remediation, at public institutions of higher education in the State; (bb) relevant State career and technical education standards and the State performance measures identified in the State plan under section 113(b) of the Carl D. Perkins Career and Technical Education Act of 2006; and (cc) appropriate career skills; or (II) standards that are State-developed and voluntarily adopted by a significant number of States. (iii) Requirements for academic content standards College and career ready academic content standards shall— (I) be used by the State, and by local educational agencies, public elementary schools, and public secondary schools in the State, to carry out the requirements of this part; (II) be the same standards that the State applies to all public elementary and secondary schools and students in the State; (III) include the same knowledge, skills, and levels of achievement expected of all elementary and secondary school students in the State; and (IV) be evidence-based and include rigorous content and skills, such as critical thinking, problem solving, and communication skills. (iv) Requirements for student academic achievement standards College and career ready student academic achievement standards for a subject shall— (I) be aligned with the State's academic content standards described in clause (iii); and (II) establish the level of performance expected for each grade level that demonstrates the student has mastered the material in the State academic content standards for that grade. (B) Science standards A State— (i) shall demonstrate that the State has adopted, by not later than December 31, 2014, statewide academic content standards and student academic achievement standards in science that are aligned with the knowledge and skills needed to be college and career ready, as described in subparagraph (A)(ii); and (ii) may choose to use such standards as part of the State’s accountability system under paragraph (3), if such standards meet the requirements of clauses (ii) through (iv) of subparagraph (A). (C) Standards for other subjects If a State adopts high-quality academic content standards and student academic achievement standards in subjects other than reading or language arts, mathematics, and science, such State may choose to use such standards as part of the State's accountability system, consistent with section 1116. (D) Alternate academic achievement standards for students with the most significant cognitive disabilities (i) In general The State may, through a documented and validated standards-setting process, adopt alternate academic achievement standards in any subject included in the State's accountability system under paragraph (3) for students with the most significant cognitive disabilities, if— (I) the determination about whether the achievement of an individual student should be measured against such standards is made separately for each student in each subject being assessed; (II) all students who use such alternate academic achievement standards in a subject are assessed using the alternate assessments for such subject described in paragraph (2)(E); and (III) such alternate academic achievement standards— (aa) are aligned with the State college and career ready academic content standards; (bb) provide access to the general curriculum and the student academic achievement standards; and (cc) reflect professional judgment as to the highest possible standards achievable by such student. (ii) Prohibition on any other alternate or modified standards A State shall not develop, or implement for use, under this part any alternate or modified academic achievement standards for students who are children with disabilities that are not alternate academic achievement standards that meet the requirements of clause (i). (E) English language proficiency standards A State shall, not later than December 31, 2015, adopt high-quality English language proficiency standards that— (i) are aligned with the State’s academic content standards in reading or language arts under subparagraph (A) so that achieving English language proficiency, as measured by the State's English language proficiency standards, indicates a sufficient knowledge of English to allow the State to validly and reliably measure the student’s achievement on the State’s reading or language arts student academic achievement standards with no interventions designed to support English learners specifically; (ii) ensure proficiency in English for each of the domains of speaking, listening, reading, and writing; (iii) identify not less than 4 levels of English proficiency; (iv) address the different proficiency levels of English learners and set high expectations regarding academic achievement and linguistic proficiency for English learners at all levels of proficiency; (v) are updated, not later than 1 year after the State adopts any new academic content standards in reading or language arts under this paragraph, in order to align the English language proficiency standards with the new content standards; and (vi) support teachers as teachers enhance instruction to support English learners. (F) Early learning guidelines and early grade standards A State that uses funds provided under this subpart or subpart 2 to support early childhood education shall provide an assurance that, not later than December 31, 2015, the State will establish, or certify the existence of, early learning guidelines and early grade standards in accordance with the following: (i) Early learning guidelines In consultation with the State Advisory Council on Early Childhood Education and Care, the lead agency designated under section 658D of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and the State educational agency, the State shall complete a review, and revise or create, as necessary, the State’s early learning guidelines for young children in order to promote developmentally appropriate, high-quality programs. Such guidelines shall— (I) address each of the age groups of infants, toddlers, and preschool-aged children; (II) be developed, as appropriate, in all domains of child development and learning (including language, literacy, mathematics, creative arts, science, social studies, social and emotional development, approaches to learning, and physical and health development) for each age group; (III) reflect research and evidence-based developmental and learning expectations, including the foundation for and progression in how children develop and learn the requisite skills and content from one stage into the next, including what young children should know and be able to do; (IV) address the cultural and linguistic diversity and the diverse abilities of young children, including infants, toddlers, and preschoolers with disabilities; (V) inform teaching practices, improve professional development, and support high-quality services in early childhood education programs; (VI) be made publicly available, including through electronic means; and (VII) for pre-school age children, appropriately assist in the transition of such children to kindergarten. (ii) Early grade standards In consultation with the State Advisory Council on Early Childhood Education and Care, the lead agency designated under section 658D of the Child Care and Development Block Grant of 1990 (42 U.S.C. 9858 et seq.), and the State educational agency, the State shall establish or review and revise, as needed, standards for kindergarten through grade 3 aligned with the college and career ready academic content and student academic achievement standards described in subsection (a)(1)(A) to ensure that such standards— (I) are developed in all domains of child development and learning (including cognitive, language, literacy, mathematics, creative arts, science, social studies, social and emotional development, physical development and health, and approaches to learning); (II) reflect research and evidence-based development and learning expectations for each level and address cultural, linguistic, and ability-level diversity; and (III) across grade levels, reflect progression in how children develop and learn the requisite skills and content from earlier grades forward, including preschool. (G) Existing standards Nothing in this part shall prohibit a State from revising, consistent with this section, any standard adopted under this part before, on, or after the date of enactment of the Strengthening America's Schools Act of 2013 (H) Construction Nothing in this section shall be construed to authorize the Secretary or other officer or employee of the Federal Government to mandate, direct, or control a State’s college and career ready academic content or student academic achievement standards under this paragraph. (2) Academic assessments (A) State assessments The State shall, beginning not later than the beginning of the 2015–2016 school year, adopt and implement a set of statewide assessments that— (i) includes statewide assessments in reading or language arts, and mathematics, annually for grades 3 through 8 and not less frequently than once during grades 10 through 12, that— (I) are aligned with the State’s academic content standards in such subjects under paragraph (1)(A); (II) are administered to all public elementary and secondary school students in the State; (III) measure the individual academic achievement of a student; (IV) assess the student's academic achievement based on the State's student academic achievement standards in the subject in order to measure— (aa) whether the student is performing at the student's grade level; and (bb) the specific grade level at which the student is performing in the subject; (V) measure individual student academic growth, including a measurement of the number of years of academic growth each student attains each year; and (VI) may, at the State's choosing— (aa) be administered through a single summative assessment each year; or (bb) be administered through multiple statewide assessments during the course of the year if the State can demonstrate to the Secretary’s satisfaction the results of these multiple assessments, taken in their totality, provide a summative score that provides valid and reliable information on individual student academic growth, as described in subclause (V); (ii) includes statewide assessments in science, not less than once during each of the grade spans of grades 3 through 5, 6 through 9, and 10 through 12, that— (I) assess the student's academic achievement based on the State's student academic achievement standards in science in order to measure— (aa) whether the student is performing at the student's grade level; and (bb) the specific grade level at which the student is performing in the subject; and (II) measure individual student academic growth, including a measurement of the number of years of academic growth each student attains each year; (iii) includes the English language proficiency assessments described in subparagraph (D) and any alternate assessment described in subparagraph (E); and (iv) at the discretion of the State, measure the proficiency of students in the other academic subjects for which the State has adopted academic content standards and student academic achievement standards under paragraph (1)(C). (B) Requirements for assessments The assessments administered under this paragraph shall— (i) be the same academic assessments used to measure the achievement of all students, although the individual assessment items administered to a student in order to determine the specific grade level at which a student is performing may vary; (ii) be used only for purposes for which such assessments are valid and reliable, and be consistent with relevant, nationally recognized professional and technical standards; (iii) be used only if the State educational agency provides to the Secretary evidence that the assessments used are of adequate technical quality for each purpose required under this Act and are consistent with the requirements of this section, which evidence the Secretary may make public; (iv) involve multiple up-to-date measures of student academic achievement, including measures that— (I) assess the full range of academic content and student academic achievement standards under subsection (a)(1) that students are expected to master; (II) measure students’ mastery of content knowledge and their ability to use knowledge to think critically and solve problems, and to communicate effectively; and (III) may be partially delivered in the form of portfolios, projects, or extended performance tasks; (v) provide for— (I) the participation in such assessments of all students; and (II) the inclusion of English learners, who shall be assessed in a valid and reliable manner and provided reasonable accommodations on assessments administered to such students under this paragraph, including, to the extent practicable, assessments in the language and form most likely to yield accurate data on what such students know and can do in academic content areas, until such students have achieved English language proficiency as determined under subparagraph (D), except that the State may exempt any English learner at the lowest levels of English language proficiency from the reading or language arts assessment for not more than 2 years following the date of the student being identified as an English learner; (vi) (I) incorporate the principles of universal design, as defined in section 3 of the Assistive Technology Act of 1998 ( 29 U.S.C. 3002 (II) provide for the reasonable adaptations for children with disabilities necessary to measure the academic achievement of such children in a subject, relative to the State academic content standards and State student academic achievement standards under paragraph (1) for such subject; (III) provide for the valid and reliable accommodations for children with disabilities necessary to measure the academic achievement of such children in a subject, relative to the State academic content standards and State student academic achievement standards under paragraph (1) for such subject; and (IV) assess children with disabilities using the same, unmodified academic content standards used to measure children without disabilities in the same grade level, except in the case of alternate assessments administered in accordance with subparagraph (E); (vii) notwithstanding clause (v)(II), include the academic assessment (using tests written in English) of reading or language arts of any student who has attended school in the United States (not including Puerto Rico) for 3 or more consecutive school years, except that, if the local educational agency determines, on a case-by-case individual basis, that academic assessments in another language or form would likely yield more accurate and reliable information on what such student knows and can do, the local educational agency may make a determination to assess such student in the appropriate language other than English for a period that does not exceed 2 additional consecutive years, if such student has not yet reached a level of English language proficiency sufficient to yield valid and reliable information on what such student knows and can do on tests (written in English) of reading or language arts; (viii) include students who have attended schools in a local educational agency for a full academic year but have not attended a single school for a full academic year, except the performance of students who have attended more than 1 school in the local educational agency in any academic year shall be used only in determining the progress of the local educational agency; (ix) produce individual student interpretive, descriptive, and diagnostic reports that— (I) allow parents, teachers, and principals to understand and address the specific academic needs of students and include information regarding achievement on the academic assessments aligned with State academic achievement standards; and (II) are provided to parents, teachers, and principals as soon as is practicably possible after the assessment is given, in an understandable and uniform format, and to the extent practicable, in a language that parents can understand; (x) enable results to be disaggregated within the State, local educational agency, and school by gender, each major racial and ethnic group, English proficiency status, migrant status, status as a student with a disability, and economically disadvantaged status, except that disaggregation shall not be required for any subgroup that would include 15 or less students, so as to not reveal personally identifiable information about an individual student; (xi) be consistent with widely accepted professional testing standards and objectively measure academic achievement, knowledge, and skills; (xii) enable itemized score analyses to be produced and reported, consistent with clause (ii), to local educational agencies and schools, so that parents, teachers, principals, and administrators can interpret and address the specific academic needs of students as indicated by the students' achievement on assessment items; (xiii) produce student achievement and other student data that can be used to inform determinations of individual principal and teacher effectiveness for purposes of evaluation and for determining the needs of principals and teachers for professional development and support; (xiv) be administered to not less than 95 percent of all students, and not less than 95 percent of each subgroup of students described in clause (x), who are enrolled in the school; and (xv) in the case of digital assessments or any digital assessment content that is adopted, procured, purchased, or developed for the assessments, incorporate the principles of universal design, as defined in section 3 of the Assistive Technology Act of 1998 ( 29 U.S.C. 3002 (C) Languages of assessments The State shall identify the languages other than English that are present in the participating student population in the State and indicate, in the State's plan under subsection (b), the languages for which yearly student academic assessments included in the State's accountability system under paragraph (3) are not available and are needed. The State shall make every effort to develop assessments in such languages and may request assistance from the Secretary if linguistically accessible academic assessments are needed. Upon request, the Secretary shall assist with the identification of appropriate academic assessments in such languages, but shall not mandate a specific academic assessment or mode of instruction. (D) Assessments of English language proficiency (i) In general Each State plan shall demonstrate that local educational agencies in the State will, not later than the beginning of the 2015–2016 school year, provide for the annual assessment of English language proficiency of all English learners in the schools served by the State educational agency. (ii) Requirements The English language proficiency assessment described in clause (i) shall— (I) be aligned with the State’s English language proficiency standards under paragraph (1)(E); (II) be designed to measure, in a valid and reliable manner, student progress toward, and attainment of, English language proficiency; (III) reflect the academic language that is required for success on the State’s academic assessments, consistent with paragraph (1)(E)(v); and (IV) measure each student's progress in achieving the levels of English proficiency established under the State English language proficiency standards, as described in paragraph (1)(E)(iii). (E) Alternate assessments for students with the most significant cognitive disabilities A State may provide alternate assessments that are aligned with alternate academic achievement standards described in paragraph (1)(D) for students with the most significant cognitive disabilities, if the State— (i) ensures that for each subject, the total number of students in each grade level assessed in such subject using the alternate assessments does not exceed 1 percent of the total number of all students in such grade level in the State who are assessed in such subject; (ii) establishes and monitors implementation of clear and appropriate guidelines for individualized education program teams (as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act) to apply in determining, on a subject-by-subject basis, when a child’s significant cognitive disability justifies assessment based on alternate academic achievement standards; (iii) ensures that parents of the students whom the State plans to assess using alternate assessments are involved in the decision that their child’s academic achievement will be measured against alternate academic achievement standards, consistent with section 614(d)(1)(A)(i)(VI)(bb) of the Individuals with Disabilities Education Act, and are informed whether participation in such assessment may preclude the student from completing the requirements for a regular secondary school diploma, as determined by the State; (iv) provides evidence that students with the most significant cognitive disabilities are, to the maximum extent practicable, included in the general curriculum and in assessments aligned with such curriculum, as described in section 601(c)(5)(A) of the Individuals with Disabilities Education Act; (v) certifies, consistent with section 612(a)(16)(A) of such Act, the State’s regular academic assessments described in subparagraphs (A), (C), and (D) are universally designed to be accessible to students, including students with sensory, physical, and intellectual disabilities, through the provision of reasonable adaptations and valid and reliable accommodations that produce valid results; (vi) develops, disseminates information about, makes available, and promotes the use of reasonable adaptations and valid and reliable accommodations to increase the number of students with the most significant cognitive disabilities participating in grade-level academic instruction and assessments aligned with grade-level academic standards, and promotes the use of appropriate accommodations to increase the number of students with the most significant cognitive disabilities who are tested against grade-level academic achievement standards; (vii) takes steps to ensure regular and special education teachers and other appropriate staff know how to administer assessments, including how to make appropriate use of reasonable adaptations and valid and reliable accommodations for such assessments, for students with the most significant cognitive disabilities; and (viii) requires separate determinations about whether a student should be assessed using an alternate assessment for each subject assessed. (F) Computer adaptive assessment A State may develop and administer computer adaptive assessments as the assessments required under subparagraph (A). If a State develops and administers a computer adaptive assessment for such purposes, the assessment shall meet the requirements of this paragraph. (G) Reducing duplicative assessment The State shall— (i) include, in the State plan under subsection (b), a description of how the State will regularly analyze assessment and accommodations practice and use, and reduce duplicative assessment where appropriate; and (ii) ensure that the local educational agencies report, as required under subsection (d)(5)(C), regarding all assessments required by Federal, State, or local laws, regulations, or policies. (3) State-designed accountability systems (A) Accountability system Each State shall, not later than the beginning of the 2014–2015 school year, demonstrate the State educational agency has developed and is implementing a single, statewide accountability system that— (i) annually measures and reports on the achievement and academic growth of students in all public elementary schools and secondary schools and local educational agencies in the State, in accordance with subparagraph (B); (ii) differentiates all local educational agencies and all schools in the State according to academic achievement and student academic growth, English language proficiency and growth for English learners, and, for high schools, graduation rates, for all students and for each subgroup described in paragraph (2)(B)(x); (iii) expects the continuous improvement of all public schools in the State in the academic achievement and academic growth of all students, including the subgroups of students described in subparagraph (D), and establishes ambitious and achievable annual performance targets in accordance with subparagraph (C); (iv) annually identifies schools that need supports and interventions to prepare college and career ready students; (v) provides for the improvement, through supports and interventions that address student needs, of all local educational agencies with schools not identified under section 1116(d) that are not meeting performance targets for subgroups described in subparagraph (D); (vi) develops the capacity of local educational agencies and schools to effectively educate their students and continuously improve; (vii) recognizes, and encourages other local educational agencies to replicate, the practices of local educational agencies and schools that are successful in effecting significant student achievement or student academic growth; and (viii) meets the requirements of section 1116. (B) Measurement of achievement and academic growth (i) In general The State accountability system shall measure student achievement and academic growth toward the college and career ready academic content and student academic achievement standards under paragraph (1) by annually measuring and reporting on, in the aggregate and for each subgroup described in subparagraph (D)— (I) the number and percentage of students who are in each category described in clause (ii), for each grade and subject covered by an academic assessment included in the accountability system, based on the State academic assessments for the subject; and (II) for each such category of students— (aa) the number and percentage of students for each grade and subject who are meeting or exceeding the State student academic achievement standards or are achieving sufficient academic growth, as described in clause (iii); and (bb) the number and percentage of students for each grade and subject who have not achieved sufficient academic growth, as described in such clause. (ii) Categories of students The State educational agency shall establish not less than 3 categories of students, which shall include the following: (I) A category consisting of students who are meeting or exceeding the State student academic achievement standards under paragraph (1) in a subject for the students' grade level, as determined based on the State academic assessments under paragraph (2). (II) A category consisting of students whose proficiency in a subject is below grade level and who are achieving sufficient academic growth, as described in clause (iii). (III) A category consisting of students whose proficiency in a subject is below grade level and who are not achieving sufficient academic growth, as described in clause (iii). (iii) Sufficient academic growth For purposes of this section, sufficient academic growth for a student means— (I) a rate of academic growth, based on a comparison of the student’s performance on the most recent State academic assessment with the preceding State academic assessment or combination of preceding State academic assessments, is such that the student will be performing at or above grade level within 3 years; (II) a rate of academic growth, based on a comparison of the student’s performance on the most recent State academic assessment with the preceding State academic assessment or combination of preceding State academic assessments, is such that the student will be performing at or above grade level by the end of the grade span of which, for purposes of this section, shall be the grade spans of grades 3 through 5, 6 through 8, and 9 through 12; or (III) another aggressive academic growth model approved by the Secretary that supports the State performance targets under subparagraph (C). (C) Performance targets (i) In general Each State shall establish, after requesting and receiving input from the local educational agencies of the State, ambitious and achievable annual performance targets for the State, for local educational agencies in the State, and for public elementary schools and secondary schools, for each subject and grade level assessed under paragraph (2), that— (I) are adopted from the waiver agreement entered into with the Secretary through the authority under section 9401 before the date of enactment of the Strengthening America's Schools Act of 2013 (II) subject to approval by the Secretary— (aa) set a goal for every public school to meet the achievement level of the highest-performing 10 percent of schools in the State as of the date of the application submission, based on the percentage of students meeting or exceeding the State academic content and student academic achievement standards; (bb) require annual progress toward that goal for all students, including all subgroups of students consistent with subparagraph (D), within a specified reasonable time period; and (cc) ensure accelerated progress for the subgroups of students described in item (bb) that start with the lowest levels of student achievement; or (III) are equally ambitious to the performance targets described in subclauses (I) and (II) and are approved by the Secretary. (ii) Performance areas The performance targets required under this subparagraph shall include targets for— (I) student proficiency, as described in subparagraph (B)(ii)(I); (II) student academic growth, as determined in accordance with subparagraph (B); (III) English language proficiency for English learners, as measured by the number of students who are on track to achieving English proficiency, as described in paragraph (1)(E)(i), by not later than 5 years after being identified as English learners; and (IV) for high schools, graduation rates. (iii) Baselines Each State shall use student performance on the State's academic assessments used for purposes of receiving funds under the program under this subpart and subpart 2 for the 2014–2015 school year as the baseline for the performance targets, subject to paragraph (5)(B)(iv) and subsection (b)(3)(C). (iv) Additional measures and performance targets A State may develop other measures and performance targets to provide school personnel, parents, and community members with information about the effectiveness of schools in closing performance gaps among subgroups and bringing all students to proficiency, except that any such measure shall not classify individuals who have not attained a high school diploma but have earned a recognized equivalent of such diploma as graduating from high school. (D) Subgroups of students The subgroups described in this subparagraph shall be obtained by disaggregating students enrolled in a school by each major racial and ethnic group, English proficiency status, status as a child with a disability, and economically disadvantaged status, except that a school shall not be required to disaggregate for any subgroup that includes 15 or less students if such disaggregation would result in the disclosure of personally identifiable information. (E) Subjects covered The State shall include in the accountability system the subjects of reading or language arts and mathematics, and may include science and any other subject that the State chooses through its State plan, if the State has adopted academic content standards and student academic achievement standards under paragraph (1)(C) and assessments under subparagraphs (A)(iv) and (B) of paragraph (2) for the subject. (F) Accountability for charter schools The accountability provisions under this Act shall be overseen for public charter schools in accordance with State charter school law. (G) Students with the most significant cognitive disabilities In determining the percentage of students who are meeting or exceeding the State student academic achievement standards or are achieving sufficient academic growth as described in subparagraph (B)(iii), for a subject for any purpose under this section or section 1116 or 1131, a State educational agency may include, for all schools in the State, the performance of the State's students with the most significant cognitive disabilities on alternate assessments as described in paragraph (2)(E) in the subjects included in the State’s accountability system, consistent with the 1 percent limitation of paragraph (2)(E)(i). (4) Voluntary partnerships A State may enter into a voluntary partnership with another State to develop and implement the academic assessments, academic content standards, and student academic achievement standards required under this section. (5) Transition provisions (A) In general The Secretary shall take such steps as are necessary to provide for the orderly transition between the accountability systems required under subsection (b)(2), as such section was in effect on the day before the date of enactment of the Strengthening America's Schools Act of 2013 (B) Transition steps To enable the successful transition to the provisions of this part, as amended by the Strengthening America's Schools Act of 2013 (i) beginning on the date of enactment of the Strengthening America's Schools Act of 2013 (I) administer assessments, as required under paragraph (2), as amended by such Act, that measure and assess the college and career ready academic content standards and student academic achievement standards described in paragraph (1), as amended by such Act; and (II) with respect to any reporting provision under this part that requires the disaggregation of students, carry out such requirement unless the number of students in such subgroup is less than 15; (ii) during the transition period, continue all interventions, services, and activities required under section 1116(b), as in effect on the day before the date of enactment of such Act, for schools identified for corrective action under such section 1116(b)(7); (iii) after 2 years of using the assessments described in clause (i)(I), establish a new baseline, as described in paragraph (3)(C)(iii), using the new assessment data; and (iv) implement this section and section 1116, as amended by such Act, except that the State shall not be required to identify focus schools or priority schools under subsection (c) or (d) of section 1116 until 2 full school years after the date of enactment of such Act. (C) End of transition The transition to the requirements of this part, as amended by the Strengthening America's Schools Act of 2013 (b) State plans (1) In general For any State desiring to receive a grant under the program under this subpart and subpart 2, the State educational agency shall submit to the Secretary a plan, developed by the State educational agency in consultation with local educational agencies, teachers, principals, specialized instructional support personnel, administrators, other staff, representatives of Indian tribes located in the State, and parents, that— (A) demonstrates the State's compliance with this section; (B) is coordinated with the State plans required by other programs under this Act, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. (C) provides an assurance the State will continue to administer the academic assessments required under paragraphs (3)(A) and (7) of this subsection, as such paragraphs were in effect on the day before the date of enactment of the Strengthening America's Schools Act of 2013 (D) provides an assurance the State will participate in the biennial State academic assessments of grade 4 and grade 8 reading and mathematics under the National Assessment of Educational Progress carried out under section 303(b)(2) of the National Assessment of Educational Progress Authorization Act ( 20 U.S.C. 9622(b)(2) (E) describes the State accountability system under subsection (a)(3) and the State's plan for blue ribbon schools under section 1131 (if the State chooses to carry out such section), including how the plan will promote postsecondary and career readiness; (F) describes the process the State will utilize to review local educational agency plans submitted pursuant to section 1112, including the parent and family engagement plan described in section 1118 and other provisions related to parent and family engagement; (G) describes the support the State will provide to local educational agencies for the education of homeless children and youths, and how the State will comply with the requirements of subtitle B of title VII of the McKinney-Vento Homeless Assistance Act; (H) describes how the State educational agency has involved the committee of practitioners established under section 1603(b) in developing the plan and monitoring its implementation; (I) describes how the State educational agency will coordinate with the State Advisory Council on Early Childhood Education and Care, as appropriate; (J) (i) if the State funds full-day kindergarten programs but does not provide access to such programs for all children eligible to attend kindergarten in the State, describes how the State plans to increase the number of students in the State who are enrolled in full-day kindergarten and a strategy to implement such a plan; and (ii) if the State provides funding for kindergarten programs but does not fund full-day kindergarten programs, describes how the State plans to establish such programs to extend and strengthen the educational continuum for children entering elementary school; (K) provides an assurance that the State— (i) has established a longitudinal data system that includes all elements described in section 6401(e)(2)(D) of the America COMPETES Act (20 U.S.C. 9871 (e)(2)(D)), by the date required under the terms for the allocation received by the State through the State Fiscal Stabilization Fund under section 14001 of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 (ii) if the State was not subject to any such requirement, will establish such a system by a date approved the Secretary; (L) describes how the State and State educational agency will comply with the requirements of section 1501, and the State's plan to ensure such compliance; (M) in the case of a State that proposes to use funds under this subpart or subpart 2 to support positive behavioral interventions and supports, describes how the State educational agency will— (i) assist local educational agencies in implementing positive behavioral interventions and supports in schools served by the local educational agency throughout the whole school; (ii) provide technical assistance and training to local educational agencies to improve and support the development, implementation, and coordination of comprehensive positive behavioral interventions and supports carried out under this Act with activities carried out under the Individuals with Disabilities Education Act; (iii) in coordination with local educational agencies and schools, implement positive, preventative approaches to school discipline to promote a positive school climate for all students and reduce recidivism of re-entering youth offenders and disconnected youth; and (iv) evaluate the effects of providing positive behavioral interventions and supports for all students, including improvement of the learning environment, academic achievement, disciplinary problems such as incidents of suspensions, expulsions, referrals to law enforcement, and other actions that remove students from instruction, and any other effects the State chooses to evaluate; (N) in the case of a State that proposes to use funds under this subpart or subpart 2 to support early intervening services, describes how the State educational agency will— (i) assist local educational agencies in implementing early intervening services in schools served by the local educational agency to reduce the need to label children as children with disabilities in order to address the learning and behavioral needs of such children; (ii) provide technical assistance and training to local educational agencies to improve coordination of early intervening services provided under this Act with early intervening services carried out under the Individuals with Disabilities Education Act; and (iii) evaluate the effects of providing early intervening services; (O) describes how the State will assist local educational agencies in identifying gifted and talented students, including high-ability students who have not previously been formally identified for gifted education services, and implement educational approaches at the elementary school and secondary school levels to support the learning needs of gifted and talented students to ensure that such students make appropriate learning gains, such as early entrance to kindergarten, enrichment, acceleration, curriculum compacting, and dual enrollment in secondary school and postsecondary education; (P) describes how the State educational agency will— (i) reduce suspensions, expulsions, referrals to law enforcement, and other disciplinary actions that remove students from instruction; (ii) facilitate, to the extent practicable, the re-entry of juvenile offenders and disconnected youth into their local educational agencies; (iii) in coordination with the State department of corrections or similar agency, ensure re-entering juvenile offenders receive referrals to a local educational agency and provide that, for any juvenile who commits an offense subject to school expulsion and is subsequently committed to a detention center, secure facility, or any other residential placement within the juvenile or adult criminal justice system for such offense, the period of expulsion shall run concurrently with the period of commitment to the detention center, secure facility, or other residential placement; and (iv) in coordination with local educational agencies and schools, provide annual and public reporting on, in the aggregate, in-school suspensions, out-of-school suspensions, expulsions, referrals to law enforcement, school-based arrests, and disciplinary transfers (including placements in alternative schools) in the State; (Q) describes how the State educational agency will plan for pregnant and parenting students to be enrolled, attend, and succeed in school; (R) describes how— (i) for the first year following the date of enactment of the Strengthening America's Schools Act of 2013 (ii) for each school year following the first year after such date of enactment, the State educational agency will provide for the equitable distribution of teachers within local educational agencies and the State so that low-income and minority children are not taught at higher rates than other children by teachers with the lowest ratings in the State professional growth and improvement system; and (iii) beginning not later than 1 year after such date of enactment, and for each subsequent year, the State will report to the Secretary the percentage and distribution of teachers in the State, based on the measures used in the State, for each quartile of schools based on school poverty level, for high-minority schools, and for low-minority schools; and (S) describes how the State will annually submit to the Secretary, for each quartile of schools in the State based on school poverty level and for high-minority schools and low-minority schools in the State, data regarding the percentage and distribution of the following categories of teachers: (i) Teachers who are not classified as highly qualified teachers. (ii) Teachers who are new. (iii) Teachers who have not completed a teacher preparation program. (iv) Teachers who are not teaching in the subject or field for which the teacher is certified or licensed. (v) Beginning in any year for which data are available from a professional growth and improvement system, and not later than the 2015–2016 school year, teachers with the highest or lowest ratings in the professional growth and improvement system, as data from such system become available, and in no case later than the 2015–2016 school year. (2) Comprehensive plan A State plan submitted under paragraph (1) may be submitted as part of the comprehensive plan under section 9302. (3) Duration of the plan (A) In general Each State plan shall— (i) remain in effect for the duration of the State’s participation under this part or 4 years, whichever is shorter; and (ii) be periodically reviewed and revised as necessary by the State educational agency to reflect changes in the State's strategies and programs under this part. (B) Additional information (i) Revised plans If a State makes significant changes to its plan, such as adopting new State academic content standards, new State student achievement standards, new academic assessments, or improved performance targets under subsection (a), the State shall submit a revised plan to the Secretary. (ii) Review of revised plans The Secretary shall review the information submitted under clause (i) and may, notwithstanding paragraph (4), approve or disapprove changes to the State plan without undertaking the peer-review or hearing process described in such paragraph. (C) Renewal A State educational agency that desires to continue participating in the program under this subpart and subpart 2 shall submit a renewed plan every 4 years with improved performance targets. (4) Peer review and secretarial approval (A) Secretarial duties The Secretary shall— (i) establish a peer-review process that maximizes collaboration with each State to assist in the review of State plans; (ii) appoint expert individuals to the peer-review process who— (I) represent a regionally diverse cross-section of States; (II) are representative of parents, teachers, State educational agencies, and local educational agencies; and (III) are familiar with educational standards, assessments, accountability, the needs of focus and priority schools as described in subsections (c) and (d) of section 1116 and the needs of disadvantaged students, students who are children with disabilities, and other educational needs of students; (iii) ensure the peer-review process provides timely feedback from the peer-review panel to the States, and that such feedback shall be made publicly available, including through electronic means; (iv) not decline approval of a State plan before— (I) offering the State an opportunity to revise the State plan; (II) providing technical assistance to the State to meet the requirements of this subsection and subsections (a) and (c); and (III) upon the request of a State, providing a hearing; (v) have the authority to disapprove a State plan for not meeting the requirements of this subpart or subpart 2, and may deny approval to a State plan under this subsection that was recommended by the peer-review panel by making available written findings of the cause for such disapproval; (vi) approve a State plan not later than 120 days after its submission unless the Secretary determines that the plan does not meet the requirements of this section; (vii) if the Secretary determines that the State plan does not meet the requirements of this subsection and subsection (c), immediately notify the State in writing of such determination and the reasons for such determination; and (viii) not have the authority to require a State, as a condition of approval of the State plan, to include in, or delete from, such plan 1 or more specific elements of the State's academic content standards or to use specific academic assessment instruments or items. (B) State revisions A State plan shall be revised by the State educational agency if necessary to satisfy the requirements of this section. (c) Parent and family engagement Each State plan shall include a description of how the State will strengthen engagement of the parents and families in education (referred to in this subsection as the parent and family engagement plan (1) Statewide parent and family engagement strategy The parent and family engagement plan shall demonstrate how the State plans to increase and enhance the engagement of parents and family members in education throughout the State, through the implementation and replication of evidence-based or promising practices, in order to— (A) increase student academic growth and achievement, and college and career readiness; (B) provide parents and family members with the skills and opportunities necessary to become full partners in their child’s education; (C) improve child development; (D) strengthen relationships and partnerships among school personnel and parents and family members, to support student academic growth and achievement, and college and career readiness; (E) improve the ability of local educational agencies and schools to increase the participation of parents and family members in school improvement strategies, create opportunities for co-location and provision of services for parents and family members, and foster conditions for learning; and (F) focus the activities described in subparagraphs (A) through (E) in high-need local educational agencies and high-need schools. (2) Coordination; collection; dissemination The parent and family engagement plan shall describe how the State will— (A) ensure maximum coordination and minimum duplication of efforts (which may include the designation of a parent and family engagement coordinator) among, at a minimum— (i) Federal, State, and local programs; (ii) the State Advisory Councils on Early Childhood Education and Care; (iii) the parent and family information and resource centers established under part H of title IV; and (iv) appropriate non-Federal entities (including community-based and philanthropic organizations and court-appointed special advocates); (B) collect and disseminate best practices and research on parent and family engagement strategies to— (i) local educational agencies, including high-need local educational agencies, and high-need schools in the State, such as through parent and family engagement academies and other leadership development strategies; and (ii) institutions of higher education and other organizations with a demonstrated record of success in increasing the engagement of parents and family members in education; and (C) ensure that the process for reviewing local educational agency plans pursuant to section 1112 includes an assessment and response to each local educational agency regarding the extent to which such plans incorporate the best practices identified in subparagraph (B). (3) Technical assistance, training, and capacity-building The State parent and family engagement plan shall describe the evidence-based technical assistance, professional development, or other capacity-building strategies that the State will provide to, at a minimum, high-need local educational agencies and high-need schools, which— (A) shall include the provision of technical assistance to local educational agencies that serve schools identified as focus or priority schools under subsection (c) or (d) of section 1116; (B) shall include partnering with the appropriate parent and family information and resource centers; (C) may include assistance in developing, revising, or implementing the local educational agency plans submitted pursuant to section 1112 as such plans relate to supporting parent and family engagement, in conjunction with paragraph (2)(C); (D) may include assistance related to implementing evidence-based parent and family engagement strategies to providers of early care and education; and (E) may include assistance related to implementing evidence-based parent and family engagement strategies for English learner families, such as those described in section 3115(c)(5). (4) Leveraging resources Each State plan shall include a description of how the State will leverage resources of employers, business leaders, philanthropic and nonprofit organizations, and other community members to increase and strengthen parent and family engagement. (d) Annual State report cards (1) In general A State that receives a grant for the program under this subpart and subpart 2 shall prepare and disseminate an annual report card for each public elementary school and secondary school in the State, each local educational agency in the State, and the State as a whole. (2) Requirements for all report cards The State shall ensure the school, local educational agency, and State report cards required under this subsection are— (A) uniform across the State; (B) concise; (C) presented in a format that is easily understandable and, to the extent practicable, provided in a language that parents can understand; and (D) accessible to the public, which shall include— (i) making the State report card and all local educational agency and school report cards available on a single webpage of the State's website; and (ii) providing a copy of a school's report card to the parents of each student enrolled in the school each year. (3) Required student information for school report cards Each school report card required under paragraph (1) shall include the following: (A) A clear and concise description of the State’s accountability system under subsection (a)(3), including a description of the criteria by which the State evaluates school performance, and the criteria that the State has established to determine the status of schools. (B) Information on each of the following for the school, in the aggregate and disaggregated and cross-tabulated by the subgroups described in subsection (a)(2)(B)(x) (except that such disaggregation or cross-tabulation shall not be required in a case in which the results would reveal personally identifiable information about an individual student): (i) Student achievement at each performance level on the State academic assessments that are included in the State's accountability system under subsection (a)(3). (ii) The percentage of students who do not take the State academic assessments. (iii) The most recent 3-year trend in student achievement in each subject area, and for each grade level, for such assessments. (iv) A comparison of the school's student academic assessment data to the State average for each tested subject. (v) (I) The number and percentage of students who are meeting or exceeding the State student academic achievement standards or are achieving sufficient academic growth, as determined in accordance with subsection (a)(3)(B)(iii), for each subject area and grade level. (II) The most recent 3-year trend in student academic growth in each subject area, and for each grade level, for the State academic assessments. (vi) The number and percentage of students with the most significant cognitive disabilities who take an alternate assessment under subsection (a)(2)(E), by grade and subject. (vii) The number of students who are English learners, and the performance of such students, on the State’s English language proficiency assessments under subsection (a)(2)(D), including the students' attainment of, and progress toward, higher levels of English language proficiency. (viii) For each high school— (I) student graduation rates, including— (aa) the 4-year adjusted cohort graduation rate, as defined in section 9101(32)(A); and (bb) the cumulative graduation rate, as defined in section 9101(32)(B); (II) the number of students attaining career and technical proficiencies, as defined by section 113(b)(2)(A) 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 such Act; (III) not later than the beginning of the 2013–2014 school year, the rate at which students who graduated from the high school in the preceding year enrolled in institutions of higher education by the beginning of the next school year; and (IV) not later than the beginning of the 2014–2015 school year, the rate of student remediation, in the aggregate, for high school graduates who enroll in public institutions of higher education in the State or in other institutions of higher education (to the extent obtaining the data regarding remediation from other institutions is practicable). (ix) Beginning not later than the 2015–2016 school year, the evaluation results of teachers and principals as measured by the State's professional growth and improvement system, except that such information shall not provide individually identifiable information on individual teachers and principals. (x) Discipline data with respect to all students in the school for the disciplinary exclusionary categories described in subparagraphs (A)(v), (D), and (E) of section 618(a)(1) of the Individuals with Disabilities Education Act. (xi) (I) The percentage of students passing examinations related to coursework acceptable for postsecondary credit at institutions of higher education, such as Advanced Placement or International Baccalaureate examinations, or technical assessments, as defined by section 113(b)(2)(A)(ii) of Carl D. Perkins Career and Technical Education Act of 2006 and reported by States only in a manner consistent with section 113(c) of such Act. (II) The percentage of students participating in early college high schools and dual enrollment programs. (xii) Data regarding pregnant and parenting students in the State, including— (I) the number of pregnant and parenting students enrolled in secondary schools; (II) rates, and data regarding participation, of pregnant and parenting students in mainstream schools or in the schools in which the students originated; (III) rates, and data regarding participation, of pregnant and parenting students in alternative programs; (IV) the number and percentage of pregnant and parenting students who have achieved proficiency, as determined for purposes of subsection (a)(3)(B)(ii), in each grade and subject assessed; and (V) graduation rates for pregnant and parenting students. (xiii) The incidence of school violence, bullying, drug abuse, alcohol abuse, in-school student suspensions, out-of-school student suspensions, expulsions, referrals to law enforcement, school-based arrests, disciplinary transfers (including placements in alternative schools), and student detentions, for each category. (C) The average class size, by grade. (D) The school’s categorization, if applicable, in the State school accountability and improvement system under section 1116. (E) In the case of a coeducational school that receives assistance under this subpart— (i) a listing of the school’s interscholastic sports teams that participated in athletic competition; (ii) for each such team— (I) the total number of male and female participants, disaggregated and cross-tabulated by gender and race; (II) the season in which the team competed, whether the team participated in postseason competition, and the total number of competitive events scheduled; (III) the total expenditures from all sources, including expenditures for travel, uniforms, facilities, and publicity for competitions; and (IV) the total number of coaches, trainers, and medical personnel, and for each such individual an identification of such individual’s gender, 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. (F) The number of students— (i) who are served through the use of early intervening services; and (ii) who, in the preceding 2-year period, received early intervening services and who, after receiving such services, have been identified as eligible for, and receive, special education and related services under part B of the Individuals with Disabilities Education Act. (4) Optional information A State may include in each school report card such other information as the State believes will best provide parents, students, and other members of the public with information regarding the progress of each of the State's public elementary and secondary schools. Such information may include— (A) indicators of school climate; (B) student attendance; (C) school readiness of students in kindergarten; and (D) measures of career readiness focused on the attainment of technical or employability skills. (5) Local educational agency and state report cards Each local educational agency report card and State report card required under paragraph (1)— (A) shall include the data described in clauses (i) through (xiii) of paragraph (3)(B) for the local educational agency or State, respectively, as a whole and disaggregated by the subgroups described in subsection (a)(2)(B)(x); (B) in the case of a State report card, shall include— (i) the data described in paragraph (3)(B)(viii) disaggregated by status as a child in foster care, except that such disaggregation shall not be required in a case in which the number of students in the category would reveal personally identifiable information about an individual student; (ii) the most recently available academic achievement results in grades 4 and 8 of the State’s students on the National Assessment of Educational Progress in reading and mathematics, including the percentage of students at each achievement level in the aggregate and by the groups described in section 303(b)(2)(G) of the National Assessment of Educational Progress Authorization Act ( 20 U.S.C. 9622(b)(2)(G) (iii) the number of local educational agencies in the State that implement positive behavioral interventions and supports; and (iv) the number of local educational agencies in the State that implement school-based mental health programs; (C) in the case of a local educational agency report card, shall include information regarding the assessments administered annually, by grade level and subject, and, for each assessment, whether the assessment is required by Federal, State, or local statute, regulation, or policy; (D) shall include information regarding the number of military-connected students which, for the purposes of this subparagraph, shall mean students with parents who serve in the Armed Forces, including the National Guard and Reserve Forces, for each local educational agency or State, respectively, and information regarding academic achievement for such students, except that such information shall not be used for school or local educational agency accountability purposes under section 1116; and (E) may include any optional information described in paragraph (4) for the local educational agency or State, respectively. (6) Data A State shall only include in a school report card or local educational agency report card, data that do not reveal personally identifiable information about an individual student or teacher. (7) Preexisting report cards A State educational agency or local educational agency that was providing public report cards on the performance of students, schools, local educational agencies, or the State prior to the date of enactment of the Strengthening America's Schools Act of 2013 (8) Cost reduction Each State educational agency and local educational agency receiving assistance under the program under this subpart and subpart 2 shall, wherever possible, take steps to reduce data collection costs and duplication of effort by obtaining the information required under this subsection through existing data collection efforts. (9) Cross-tabulated data not used for accountability Groups of students obtained by cross-tabulating data under this subsection shall not be considered to be subgroups under section 1116. Such cross-tabulated data shall not be used to determine whether a school is a focus or priority school under subsection (c) or (d) of section 1116. (e) Reporting (1) Annual State report Each State educational agency that receives assistance under the program under this subpart and subpart 2 shall report annually to the Secretary, and make widely available within the State— (A) information on the State's progress in developing and implementing the academic assessments described in subsection (a)(2); (B) information on the achievement and academic growth of students, including results disaggregated (except in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student) by the subgroups described in subsection (a)(2)(B)(x) and by status as a child in foster care; (C) information on any changes in status for all public schools in the State, in accordance with the State's system of differentiation described in subsection (a)(3)(A)(ii) and the categories required under section 1116; (D) in any year before the State begins to provide the information described in subparagraph (B), information on the results of student academic assessments (including results disaggregated by the subgroups described in subsection (a)(2)(B)(x)) required under this section; (E) information on the acquisition of English language proficiency by students who are English learners; (F) the number of schools, and the name of each school, identified as a focus or priority school under subsection (c) or (d) of section 1116; and (G) the number of schools identified as blue ribbon schools under section 1131 and the name of each such school. (2) Secretary's report card and biennial evaluation report (A) Secretary's report card Not later than July 1, 2014, and annually thereafter, the Secretary shall prepare and submit to the authorizing committees a national report card on the status of elementary and secondary education in the United States. Such report shall— (i) analyze existing data from State reports required under this Act, the Individuals with Disabilities Education Act, and the Carl D. Perkins Career and Technical Education Act of 2006, and summarize major findings from such reports; (ii) analyze data from the National Assessment of Educational Progress and international assessments, including the Third International Mathematics and Science Survey; (iii) identify trends in student achievement, student academic growth, student performance, and high school graduation rates, by analyzing and reporting on the status and performance of subgroups of students, including subgroups based on race, ethnicity, and socioeconomic status and the subgroups of children with disabilities and English learners; (iv) compare the performance of students, including the subgroups described in clause (iii), across States and local educational agencies across the United States; (v) identify and report on promising practices, areas of greatest improvement in student achievement and educational attainment, and other examples worthy of national attention; (vi) identify and report on areas of educational concern that warrant national attention; and (vii) (I) analyze existing data, as of the time of the report, on Federal, State, and local expenditures on education, including per pupil spending, teacher salaries and pension obligations, school level spending, and other financial data publicly available; and (II) report on current trends and major findings resulting from the analysis. (B) Special rule The information used to prepare the report described in subparagraph (A) shall be derived from existing State and local reporting requirements and data sources. Nothing in this paragraph shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary not otherwise explicitly authorized by any other Federal law. (C) Biennial report The Secretary shall transmit biennially to the authorizing committees a report that provides national and State-level data on the information collected under paragraph (1). (f) Penalties If a State that receives a grant under the program under this subpart and subpart 2 fails to meet any requirement of such subparts, the Secretary may withhold funds for State administration under this part until the Secretary determines that the State has fulfilled those requirements. (g) Parents' right-To-Know (1) Qualifications At the beginning of each school year, a local educational agency that receives funds under the program under this subpart and subpart 2 shall notify the parents of each student attending any school receiving such funds that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student's classroom teachers, including, at a minimum, the following: (A) Whether the teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction. (B) Whether the teacher is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived. (C) The baccalaureate degree major of the teacher and any other graduate certification or degree held by the teacher, and the field of discipline of the certification or degree. (D) Whether the student is provided services by paraprofessionals and, if so, their qualifications. (2) Equity report card A local educational agency that receives funds under the program under this subpart and subpart 2 shall make available to parents, separately or as a clearly identified part of the school report card, and through easily accessible means, including electronic means, the following information for each school: (A) Student achievement data at each performance level, for each category of students described in subsection (a)(3)(B)(ii), on the State academic assessments included in the State accountability system under subsection (a)(3), disaggregated by the subgroups described in subsection (a)(2)(B)(x). (B) Individual school funding by source, including Federal, State, and local funding and grants. (C) For each high school, the 4-year adjusted cohort graduation rate, as described in section 9101(32)(A), and the rate at which students graduating from the high school in the preceding year enrolled in institutions of higher education by the beginning of the next school year. (D) Data regarding educational opportunity participation, which data— (i) shall include, at a minimum, prekindergarten and full-day kindergarten opportunities for children and opportunities for Advanced Placement or International Baccalaureate course work; and (ii) may include such opportunities as— (I) dual enrollment and early college high schools; (II) gifted programming; (III) other educational programming; and (IV) opportunities to complete career and technical education programs of study, reported in a manner consistent with section 122(c)(1) of the Carl D. Perkins Career and Technical Education Act of 2006. (E) Information regarding each school’s school climate, including student survey results and school discipline data, which may include information such as the incidence of school violence, bullying, in-school student suspensions, out-of-school student suspensions, expulsions, referrals to law enforcement, school-based arrests, disciplinary transfers (including placements in alternative schools), and student detentions. (F) Other data that, in conjunction with the local educational agency report card described in subsection (d), is determined, by the State or local educational agency in consultation with parents, families, and educators, to be necessary to allow parents, families, and community members to understand, and compare with other schools in the local educational agency and across the State, the resources available to the school that influence the outcomes for students. (3) Additional information In addition to the information that parents of students may request under paragraph (1), a school that receives funds under this subpart shall provide to each individual parent, with respect to the student— (A) information on the level of achievement and academic growth of the student on each of the State academic assessments as required under this subpart; and (B) timely notice that the student has been assigned, or has been taught for 4 or more consecutive weeks by, a teacher who does not hold a State qualification or license to teach at the grade level and subject area in which the teacher has been assigned. (4) Format The notice and information provided to parents under this subsection shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. (h) Privacy Information collected under this section shall be collected and disseminated in a manner that protects the privacy of individuals. (i) Technical assistance The Secretary shall provide a State educational agency, at the State educational agency's request, with technical assistance in meeting the requirements of this section. (j) Construction Nothing in this part shall be construed to prescribe the use of the academic assessments described in this part for student promotion or graduation purposes. (k) Special rule with respect to bureau-Funded schools In determining the assessments to be used by each school operated or funded by the Bureau of Indian Education of the Department of Interior that receives funds under this part, the following shall apply: (1) State accredited schools Each such school accredited by the State in which it is operating shall use the assessments the State has developed and implemented to meet the requirements of this section, or such other appropriate assessment as approved by the Secretary of the Interior. (2) Regionally accredited schools Each such school accredited by a regional accrediting organization shall adopt appropriate assessments, in consultation with and with the approval of, the Secretary of the Interior and consistent with assessments adopted by other schools in the same State or region, that meets the requirements of this section. (3) Tribally accredited schools Each such school accredited by a tribal accrediting agency or tribal division of education shall use assessments developed by such agency or division, except that the Secretary of the Interior shall ensure that such assessments meet the requirements of this section. . 1112. Local educational agency plans Section 1112 (20 U.S.C. 6312) is amended to read as follows: 1112. Local educational agency plans (a) Plans required (1) Subgrants A local educational agency may receive a subgrant under the program under this subpart and subpart 2 for any fiscal year only if such agency has on file with the State educational agency a plan, approved by the State educational agency, that is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Carl D. Perkins Career and Technical Education Act of 2006, the McKinney-Vento Homeless Assistance Act, and other Acts, as appropriate, and activities under title IX of the Education Amendments of 1972. (2) Consolidated application The plan may be submitted as part of a consolidated application under section 9305. (b) Plan development and duration (1) Consultation Each local educational agency plan shall be developed in consultation with— (A) teachers, principals, administrators, and other appropriate school personnel; (B) representatives of early childhood education programs in the geographic area served by the local educational agency, as appropriate; and (C) parents and family members of children in schools served under this subpart. (2) Duration Each local educational agency plan shall be submitted pursuant to this section for the first year for which this part is in effect following the date of enactment of the Strengthening America's Schools Act of 2013 (3) Review Each local educational agency shall periodically review and, as necessary, revise its plan to reflect changes in the local educational agency’s strategies and programs under this part, and changes in the State performance targets under section 1111(a)(3)(C). (4) Renewal A local educational agency that desires to continue participating in the program under this subpart and subpart 2 shall submit a renewed plan on a periodic basis, as determined by the State. (c) State approval (1) In general Each local educational agency plan shall be filed according to a schedule established by the State educational agency. (2) Approval The State educational agency shall approve a local educational agency’s plan only if the State educational agency determines that the local educational agency’s plan— (A) enables schools served under this subpart to substantially help children served under this part meet the academic content and student academic achievement standards expected of all children described in section 1111(a)(1) and the performance targets described in section 1111(a)(3)(C); and (B) meets the requirements of this part. (d) Plan provisions In order to help low-achieving children meet college and career ready student academic achievement standards, and to close the achievement gap between high- and low-achieving children each local educational agency plan shall describe each of the following: (1) How the local educational agency will work with each of the schools served by the agency to— (A) develop and implement a comprehensive program of instruction to meet the academic needs of all students; (B) identify quickly and effectively students who may be at risk for academic failure; (C) provide additional educational assistance to individual students assessed as needing help in meeting the State’s college and career ready student academic achievement standards; (D) identify significant gaps in student achievement among subgroups of students identified under section 1111(a)(2)(B)(x) and develop strategies to reduce such gaps in achievement; and (E) identify and implement effective methods and instructional strategies that are based on scientifically valid research intended to strengthen the core academic programs of the schools, including using multi-tiered systems of support, universal design for learning, and positive behavioral interventions and supports. (2) How the local educational agency will monitor and evaluate the effectiveness of school programs in improving student academic achievement and academic growth, especially for students described in section 1111(a)(3)(B)(ii)(III). (3) The strategy the local educational agency will use to implement effective parent and family engagement under section 1118. (4) How the local educational agency will coordinate and integrate services provided under this part with other high-quality early childhood education programs at the local educational agency or individual school level (including programs under section 619 of the Individuals with Disabilities Education Act) that include plans for the transition of participants in such programs to local elementary school programs and, if appropriate, a description of how the local educational agency will use funds provided under this subpart and subpart 2 to support preschool programs for children, particularly children participating in a Head Start program, which may be provided directly by the local educational agency or through a subcontract with the Head Start agency designated by the Secretary of Health and Human Services under section 641 of the Head Start Act, or another comparable public early childhood education program. (5) How activities under this part will be coordinated and integrated with Federal, State, and local services and programs, including programs supported under this Act, the Carl D. Perkins Career and Technical Education Act of 2006, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. 42 U.S.C. 9831 et seq. 42 U.S.C. 9858 et seq. 29 U.S.C. 2801 et seq. (6) How the local educational agency will coordinate and integrate services provided under the program under this subpart and subpart 2 with local workforce development programs that serve disadvantaged or out-of-school youth, such as those providing workforce investment activities under chapter 4 of subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2851 et seq. (7) The poverty criteria that will be used to select school attendance areas under section 1113. (8) How teachers, in consultation with parents and family members, administrators, and specialized instructional support personnel, in targeted assistance schools under section 1115, will identify the eligible children most in need of services under this part. (9) How the local educational agency will identify and address any disparities in the equitable distribution of teachers, consistent with the requirements of section 1111(b)(1)(R). (10) How the local educational agency will provide for the equitable distribution of elementary school teachers, and of secondary school teachers, within local educational agencies and the State using data on the percentage and distribution of the categories of teachers described in subsection (e)(13). (11) A general description of the nature of the programs to be conducted by such agency's schools under sections 1114 and 1115 and, where appropriate, educational services outside such schools for children living in local institutions for neglected or delinquent children, and for neglected and delinquent children in community day school programs. (12) A description of— (A) how the local educational agency will provide opportunities for the enrollment, attendance, and success of homeless children and youths; and (B) the services the local educational agency will provide homeless children and youths, including services provided with funds reserved under section 1113(c)(3), and how those services may differ from those provided in prior years. (13) A description of the support the local educational agency will provide for homeless children and youths, consistent with the requirements of the McKinney-Vento Homeless Assistance Act. (14) For each quartile of schools in the local educational agency based on school poverty level and for high-minority schools and low-minority schools in the local educational agency, data regarding access at the high school level to rigorous coursework, including— (A) access to opportunities to earn postsecondary credit while in high school, such as through Advanced Placement and International Baccalaureate courses and examinations, dual enrollment, and early college high schools; and (B) student performance on Advanced Placement and International Baccalaureate course examinations. (15) How the local educational agency will identify and address any disparity within the student subgroups described in section 1111(a)(3)(D) in equitable access to rigorous coursework, including access to opportunities described in paragraph (14)(A). (16) How the local educational agency will engage in timely, on-going, and meaningful consultation with representatives of Indian tribes in the area served by such local educational agency to improve the coordination of activities under this Act and to meet the unique cultural, language, and academic needs of Indian and Native Hawaiian students. (17) How the local educational agency will implement strategies to facilitate effective transitions for students from middle school to high school and from high school to postsecondary education, including access to dual enrollment and early college high schools. (18) If the local educational agency proposes to use subgrant funds under the program under this subpart and subpart 2 for positive behavioral interventions and supports, a description of the actions the local educational agency will take to provide positive behavioral interventions and supports and coordinate those activities with activities carried out under the Individuals with Disabilities Education Act. (19) If the local educational agency proposes to use such subgrant funds for early intervening services, a description of the actions the local educational agency will take to provide early intervening services and coordinate those services with early intervening services carried out under the Individuals with Disabilities Education Act. (20) If the local educational agency proposes to use such subgrant funds for school-based mental health programs, a description of the actions the local educational agency will take to provide school-based mental health programs and coordinate those activities with activities carried out under the Individuals with Disabilities Education Act. (21) If the local educational agency proposes to use such subgrant funds for periodically updating the crisis management plan of the local educational agency, as described in section 4202(5)(B)(iv), a description of the actions the local educational agency will take to develop and implement an updated crisis management plan. (22) A description of how the local educational agency will plan for pregnant and parenting students to be enrolled, attend, and succeed in school. (e) Assurances Each local educational agency plan shall provide assurances that the local educational agency will— (1) use the results of the academic assessments required under section 1111(a)(2), and other measures or indicators available to the agency, to review annually the progress of each school served by the agency and receiving funds under the program under this subpart and subpart 2 to determine whether all of the schools are making the progress necessary to ensure all students will be performing at or above grade level on the State academic assessments required under such section, in accordance with the ambitious targets described in the State plan under section 1111(a)(3)(C); (2) provide to parents and teachers the results from the academic assessments required under section 1111(a)(2) as soon as is practicably possible after the test is taken in an understandable and uniform format and, to the extent possible, provided in a language that the parents and, to the greatest extent practicable, family members, can understand; (3) participate, if selected, in State academic assessments of student achievement in reading and mathematics in grades 4 and 8 carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act; (4) fulfill such agency’s school improvement responsibilities under section 1116; (5) ensure that migratory children who are eligible to receive services under this part are selected to receive such services on the same basis as other children who are selected to receive services under this part; (6) engage in timely and meaningful consultation with representatives of Indian tribes located in the area served by the local educational agency; (7) provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1119, and timely and meaningful consultation with private school officials regarding such services; (8) inform eligible schools of the local educational agency's authority to obtain waivers on the school’s behalf under applicable Federal flexibility provisions; (9) in the case of a local educational agency that chooses to use funds under the program under this subpart and subpart 2 to provide early childhood education services to low-income children below the age of compulsory school attendance, ensure that such services comply with the education performance standards in effect under section 641A(a)(1)(B) of the Head Start Act ( 42 U.S.C. 9836a(a)(1)(B) (10) comply with the requirements of section 1501 that relate to the local educational agency and describe the local educational agency's plan to ensure such compliance; (11) comply with the requirements of subtitle B of title VII of the McKinney-Vento Homeless Assistance Act that relate to the local educational agency; (12) annually submit to the State educational agency the information contained in each school equity report card described in section 1111(g)(2); and (13) annually submit to the State educational agency, for each quartile of schools in the local educational agency based on school poverty level and for high-minority schools and low-minority schools in the local educational agency, data regarding the percentage and distribution of the following categories of teachers: (A) Teachers who are new. (B) Teachers who have not completed a teacher preparation program. (C) Teachers who are not teaching in the subject or field for which the teacher is certified or licensed. (D) Where applicable, teachers who have the highest or lowest ratings in a professional growth and improvement system. (f) Parental notification regarding language instruction programs (1) In general Each local educational agency using funds under the program under this subpart and subpart 2 to provide a language instruction educational program as defined in section 3201 shall, not later than 30 days after the beginning of the school year, inform a parent or parents of an English learner identified for participation or participating in, such a program of— (A) the reasons for the identification of their child as an English learner and in need of placement in a language instruction educational program; (B) the child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement; (C) the methods of instruction used in the program in which their child is, or will be, participating, and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction; (D) how the program in which their child is, or will be, participating, will meet the educational strengths and needs of their child; (E) how such program will specifically help their child learn English, and meet age-appropriate academic achievement standards for grade promotion and graduation; (F) the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for English learners, and the expected rate of graduation from secondary school for such program if funds provided under this subpart or subpart 2 are used for children in secondary schools; (G) in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child; and (H) information pertaining to parental rights that includes written guidance— (i) detailing— (I) the right that parents have to have their child immediately removed from such program upon their request; and (II) the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and (ii) assisting parents in selecting among various programs and methods of instruction, if more than 1 program or method is offered by the eligible entity. (2) Notice The notice and information provided in paragraph (1) to a parent or parents of a child identified for participation in a language instruction educational program for English learners shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. (3) Special rule applicable during the school year For those children who have not been identified as English learners prior to the beginning of the school year and who are subsequently so identified, the local educational agency shall notify the parents of such children within the first 2 weeks of the child being placed in a language instruction educational program consistent with paragraphs (1) and (2). (4) Parental participation Each local educational agency receiving funds under the program under this subpart and subpart 2 shall implement an effective means of outreach to parents and, to the extent practicable, family members, of English learner students to inform the parents and family members regarding how the parents and family members can be involved in the education of their children, and be active participants in assisting their children to attain English proficiency, achieve at high levels in core academic subjects, and meet college and career ready State student academic achievement standards and State academic content standards expected of all students, including holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents and family members of students assisted under this subpart or subpart 2. (5) Basis for admission or exclusion A student shall not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status. . 1113. Eligible school attendance areas Section 1113 (20 U.S.C. 6313) is amended— (1) in subsection (a)— (A) by striking paragraph (3) and inserting the following: (3) Ranking order (A) In general Except as provided in subparagraph (B), if funds allocated in accordance with subsection (c) are insufficient to serve all eligible school attendance areas, a local educational agency shall— (i) annually rank, without regard to grade spans, such agency's eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent, or exceeds 50 percent in the case of the high schools served by such agency, from highest to lowest according to the percentage of children from low-income families; and (ii) serve such eligible school attendance areas in rank order. (B) Applicability A local educational agency shall not be required to reduce, in order to comply with subparagraph (A), the amount of funding provided under the program under this subpart and subpart 2 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 Strengthening America's Schools Act of 2013 ; (B) by striking paragraph (5) and inserting the following: (5) Measures (A) In general Except as provided in subparagraph (B), the local educational agency shall use the same measure of poverty, which measure shall be the number of children ages 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. 42 U.S.C. 601 et seq. (i) to identify eligible school attendance areas; (ii) to determine the ranking of each area; and (iii) to determine allocations under subsection (c). (B) Low-income families in secondary schools For measuring the number of students in low-income families in secondary schools, the local educational agency shall use the same measure of poverty, which shall be the calculation producing the greater of the results from among the following 2 calculations: (i) The calculation described under subparagraph (A). (ii) A feeder pattern described in subparagraph (C). (C) Feeder pattern In this paragraph, the term feeder pattern ; and (C) by adding at the end the following: (8) Reservation for early childhood education A local educational agency may reserve funds made available to carry out this section for early childhood education in eligible school attendance areas before making allocations to high schools in eligible school attendance areas pursuant to this section. ; (2) in subsection (b)(1)(D)(i), by striking section 1120A(c) section 1120(c) (3) in subsection (c)— (A) by striking paragraph (3) and inserting the following: (3) Reservation for homeless children and youth and other at-risk children (A) Funds for homeless children and youth and other at-risk children A local educational agency shall reserve such funds as are necessary under the program under this subpart and subpart 2 to serve— (i) homeless children who are attending any public school served by the local educational agency, including providing educationally related support services to children in shelters and other locations where children may live; (ii) children in local institutions for neglected children; (iii) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day programs; and (iv) children in foster care (as defined in section 1502), including providing points of contact (as described in section 1501(d)) in local educational agencies for child welfare agencies and children in foster care. (B) Reservation of funds Notwithstanding the requirements of subsections (b) and (c) of section 1120, funds reserved under subparagraph (A) may be used to provide homeless children and youths with services not ordinarily provided to other students under this part, including— (i) providing funding for the liaison designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act; (ii) providing transportation pursuant to section 722(g)(1)(J)(iii) of such Act; (iii) providing services to preschool-aged homeless children and homeless secondary school students; (iv) providing support services to homeless children and youths in shelters and other locations where they may live; and (v) removing barriers to homeless children and youths’ enrollment, attendance, retention, and success in school. (C) Amount reserved The amount of funds reserved in accordance with subparagraph (A)(i) shall be determined by an assessment of the needs of homeless children and youths in the local educational agency. Such needs assessment shall include the following: (i) Information related to child, youth, and family homelessness in the local educational agency obtained through the coordination and collaboration required under subsections (f)(4) and (g)(6) of section 722 of the McKinney-Vento Homeless Assistance Act. (ii) The number of homeless children and youths reported by the local educational agency to the State educational agency under section 722(f)(3) of the McKinney-Vento Homeless Assistance Act for the previous school year. ; and (B) in paragraph (4), by striking eligible under this section and identified for school improvement, corrective action, and restructuring under section 1116(b) identified as a priority school under section 1116(d) 1114. Schoolwide programs Section 1114 ( 20 U.S.C. 6314 (1) in subsection (a)— (A) in paragraph (1), by adding at the end the following: Funds provided under the program under this subpart and subpart 2 may be used to support evidence-based activities that address needs identified through the comprehensive needs assessment under subsection (b)(1)(A) and consistent with the schoolwide program. (B) in paragraph (2)— (i) in subparagraph (A)(ii), by striking provide identify particular services as supplemental. (ii) by striking subparagraph (B) and inserting the following: (B) Supplemental funds (i) In general A local educational agency serving a school participating in a schoolwide program shall use funds available to carry out this section only to supplement the aggregate amount of funds that would, in the absence of funds provided under the program under this subpart and subpart 2, be made available from State and local sources for the school, including funds needed to provide services that are required by law for children with disabilities and children who are English learners. (ii) Compliance To demonstrate compliance with clause (i), a local educational agency shall demonstrate that the methodology it uses to allocate State and local funds to each school receiving funds under the program under this subpart and subpart 2 ensures the school receives all of the State and local funds the school would otherwise receive if it were not receiving funds under this part. (iii) Nonapplicability Section 1120(b) shall not apply to schools operating schoolwide programs under this section. ; (C) in paragraph (3)(B)— (i) by inserting or civil rights, (ii) by striking , services to private school children, maintenance of effort, comparability of services, uses of Federal funds to supplement, not supplant non-Federal funds, or the distribution of funds to State educational agencies or local educational agencies (D) by striking paragraph (4) and inserting the following: (4) External providers A school may carry out a schoolwide program under this subsection through an external provider if the school demonstrates, in the plan required under subsection (b)(2), that the external provider has expertise in using strategies and programs that are based on scientifically valid research to improve teaching, learning, and schools. ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) by striking section 1309(2) section 1312 (II) by striking section 1111(b)(1) section 1111(a)(1) (ii) in subparagraph (B)— (I) in clause (i), by striking to meet the State's proficient and advanced levels of student academic achievement described in section 1111(b)(1)(D) to be proficient or advanced students, as described in section 1111(a)(3)(B)(ii)(I) (II) in clause (ii), by striking scientifically based research scientifically valid research (III) in clause (iii)— (aa) in subclause (I)— (AA) in item (aa), by striking pupil services specialized instructional support services (BB) in item (bb), by striking and (CC) in item (cc), by striking vocational and technical education programs; and career and technical education programs; (DD) by adding at the end the following: (dd) implementation of schoolwide positive behavioral interventions and supports, including through coordination with activities carried out under the Individuals with Disabilities Education Act, in order to improve academic outcomes for students and reduce the need for suspensions, expulsions, and other actions that remove students from instruction; and (ee) implementation of early intervening services, including through coordination with early intervening services carried out under the Individuals with Disabilities Education Act; ; and (bb) in subclause (II), by striking and (cc) by adding at the end the following: (III) provide a multi-tier system of supports and positive behavioral interventions and supports; and (IV) provide programs, activities, courses, and professional development in the core academic subjects that are targeted toward assisting children described in subclause (I) in meeting the academic content and student academic achievement standards described in section 1111(a)(1); and ; (iii) in subparagraph (C), by inserting and highly rated qualified (iv) by striking subparagraphs (D) and (F); (v) by redesignating subparagraphs (E), (G), (H), (I), and (J) as subparagraphs (D), (E), (F), (G), and (H), respectively; (vi) in subparagraph (D), as redesignated by clause (v), by inserting and highly rated qualified (vii) in subparagraph (E), as redesignated by clause (v), by striking , Even Start, Early Reading First, , programs under part A of title IV, (viii) in subparagraph (F), as redesignated by clause (v), by striking section 1111(b)(3) section 1111(a)(2) (ix) in subparagraph (G), as redesignated by clause (v), by striking students who experience difficulty mastering the proficient or advanced levels of academic achievement standards required by section 1111(b)(1) students described in subclause (II) or (III) of section 1111(a)(3)(B)(ii) (B) in paragraph (2)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by striking No Child Left Behind Act of 2001), in consultation with the local educational agency and its school support team or other technical assistance provider under section 1117, Strengthening America's Schools Act of 2013 (II) in clause (iv), by striking section 1111(b)(3) section 1111(a)(2) (ii) in subparagraph (B)— (I) in clause (i)— (aa) in subclause (I), by striking , after considering the recommendation of the technical assistance providers under section 1117, (bb) in subclause (II), by striking the No Child Left Behind Act of 2001 the Strengthening America's Schools Act of 2013 (II) in clause (ii), by striking pupil services personnel specialized instructional support personnel (III) in clause (v), by striking Reading First, Early Reading First, Even Start, part A of title IV, (3) in subsection (c), by striking Even Start programs or Early Reading First programs programs under part A of title IV 1115. Targeted assistance schools Section 1115 ( 20 U.S.C. 6315 (1) in subsection (b)— (A) in paragraph (1)(B)— (i) by striking challenging college and career ready (ii) by striking except that including children who are at risk of failing to be ready for elementary school. (B) in paragraph (2)— (i) in subparagraph (A), by striking or limited English proficient children , or English learners (ii) by striking subparagraph (B) and inserting the following: (B) Head Start or literacy programs A child who, at any time in the 2 years preceding the year for which the determination is made, participated in a Head Start program, a program under part A of title IV, or in preschool services under this title, is eligible for services under this part. ; (2) in subsection (c)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking challenging college and career ready (ii) in subparagraph (A), by striking challenging college and career ready (iii) in subparagraph (C)— (I) in the matter preceding clause (i), by striking scientifically based research scientifically valid research (II) in clause (ii), by striking and (III) by adding at the end the following: (iv) may include a multi-tier system of supports and positive behavioral interventions and supports; and (v) may include support for programs, activities, courses, and professional development in the core academic subjects that are targeted toward participating children selected in accordance with subsection (b) to enable such children to meet the academic content and student academic achievement standards described in section 1111(a); ; (iv) in subparagraph (D), by striking Even Start, Early Reading First programs under part A of title IV, (v) in subparagraph (E), by inserting and highly rated qualified (vi) in subparagraph (F)— (I) by striking subsection (e)(3) and section 1119 section 1117 (II) by striking pupil services personnel specialized instructional support personnel (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking meet the State's proficient and advanced levels of achievement be proficient or advanced students, as determined under section 1111(a)(3)(B)(ii)(I) (ii) in subparagraph (B), by striking challenging college and career ready (3) in subsection (e)— (A) in paragraph (2)(B)(iii), by striking pupil services personnel specialized instructional support personnel (B) in paragraph (3), by striking section 1119 section 1117 1116. School performance Section 1116 ( 20 U.S.C. 6316 1116. School performance (a) School accountability and improvement system (1) In general Each State receiving a grant under the program under this subpart and subpart 2 shall establish a school accountability and improvement system that— (A) is part of the accountability system required under section 1111(a)(3) and implements the requirements of such system; (B) supports schools that are not meeting the State's performance targets under section 1111(a)(3)(C) for all students; and (C) identifies the public elementary schools and secondary schools in the State that will need local interventions under subsection (b), that are focus schools under subsection (c), and that are priority schools under subsection (d), and the processes to be used to improve schools in each category, in accordance with this section and section 2123(b)(2). (2) Review and approval The State shall include information describing the school accountability and improvement system in the State plan under section 1111(b), which shall be subject to peer review and approval by the Secretary as part of the State plan, in accordance with such section. (b) Local interventions; reporting (1) Local interventions Beginning in the 2015–2016 school year, each local educational agency receiving a subgrant under the program under this subpart and subpart 2 shall— (A) identify each school that, after 2 consecutive years, has not met the same performance target described in section 1111(a)(3)(C) for the same subgroup described in section 1111(a)(3)(D); and (B) ensure that such school, in collaboration with the local educational agency, develops and implements a locally designed intervention to improve student achievement in each such subgroup. (2) Reporting Each local educational agency that implements locally designed interventions under paragraph (1) to support schools that have not met performance targets for a subgroup will report to the State educational agency regarding the resources and interventions used to address the achievement of students in the subgroup, and the outcomes of those efforts. The State educational agency shall annually select the interventions with exemplary outcomes, share such interventions and outcomes with the public, and communicate such interventions and outcomes to the Secretary. (3) Lack of improvement Each school served under the program under this subpart that has been identified as a school that has not met the same subgroup performance target, as described in paragraph (1), for the preceding 3 consecutive years shall work with the State educational agency to implement a State-approved intervention based on established best practices within State. (c) Focus schools (1) Identification Beginning in the 2015–2016 school year, a State shall identify as a focus school, for the 3-year period following the school's identification period (except as provided in paragraph (4))— (A) each public school in the State that— (i) is not identified as a priority school under subsection (d); and (ii) is in the 10 percent of all public schools in the State with the greatest achievement gaps among the subgroups described in section 1111(a)(3)(D) as compared to the statewide average, as determined by the State academic assessments under section 1111(a)(2); and (B) each public high school in the State that— (i) is not identified as a priority school under subsection (d); and (ii) is in the 10 percent of such schools with the greatest graduation rate gaps among such subgroups as compared to the statewide averages. (2) Improvement strategies For each focus school identified under paragraph (1), the local educational agency serving the school shall, in accordance with the State accountability system described in section 1111(a)(3), develop and implement a measurable and data-driven correction plan to improve the performance of low-achieving subgroups in the school in order to close achievement gaps. A correction plan under this paragraph shall be developed with input from teachers, parents, community members, and other stakeholders. (3) State waiver If a State determines that all schools that would otherwise be considered to be the lowest-achieving 10 percent of schools with the greatest achievement gap, or graduation rate gap, under paragraph (1), are actually performing at a satisfactory level of performance, the State may apply to the Secretary to waive the requirements of this subsection with respect to such schools. (4) Improvement The State educational agency shall no longer identify a school that has been identified as a focus school for any remainder of the school's 3-year identification period if— (A) at any time during the 3-year period for which a school is so identified, the school has met all of its performance targets as described in section 1111(a)(3)(C) for the school year; or (B) after 2 years of the 3-year period, the State determines, based on the most current data, that the school's rate of improvement is sufficient to enable the school to meet all of the school's performance targets by the end of the 3-year period. (d) Priority schools (1) Identification (A) In general Beginning in the 2015–2016 school year, a State shall identify as a priority school, for the 3-year period following the school's identification (except as provided in paragraph (5))— (i) each school served under this subpart in the State that is in the lowest-achieving 5 percent of elementary schools; (ii) each school served under this subpart in the State that is in the lowest-achieving 5 percent of secondary schools; (iii) each public high school in the State with a graduation rate of less than 60 percent; and (iv) each school served under this subpart that has been identified as a focus school under subsection (c) for the 6 preceding consecutive years. (B) State waiver If a State determines that all schools that would otherwise be considered to be the lowest-achieving 5 percent of schools under clause (i) or (ii) of subparagraph (A), are actually performing at a satisfactory level of performance based on the measures used by the State to identify priority schools, the State may apply to the Secretary to waive the requirements of this paragraph, and paragraphs (2) through (5), for such schools. (2) Needs analysis Each local educational agency receiving assistance under the program under this subpart and subpart 2 shall conduct a data-driven needs analysis, which may involve an external partner with expertise in conducting such needs analysis, of each school identified as a priority school, as the case may be, to determine the most appropriate school improvement strategies to improve student performance. Such needs analysis shall include— (A) a diagnostic review of data related to students and instructional staff; (B) an analysis of the school governance, curriculum, instruction, student supports, conditions for learning, and parent and family engagement practices relative to the needs of the student population; (C) the resources, which may include community-based supports and early childhood education, available at the school, local educational agency, and community levels to meet student needs and support improved student achievement and outcomes and the implementation of any school improvement strategy; and (D) an analysis of the school’s current use of time and an assessment of how much student, teacher, principal, and staff time will be required to meet student needs and support improved student achievement and outcomes and the implementation of any school improvement strategy, including consideration of whether increased learning time is necessary to ensure successful implementation. (3) State and local responsibilities for identified schools (A) State responsibilities Each State receiving a grant under the program under this subpart and subpart 2 shall ensure that a local educational agency receiving assistance under such program carries out the requirements of subparagraph (B) for each school identified as a priority school under paragraph (1) in the State. (B) Local educational agency responsibilities Each local educational agency receiving assistance under the program under this subpart and subpart 2 shall, consistent with the State's accountability system under section 1111(a)(3)— (i) establish a process for selecting an appropriate school improvement strategy for each school described in subparagraph (A) that is served by the local educational agency; (ii) select the school improvement strategy to be used in each such school and the timeline for implementing the selected school improvement strategy in such school; (iii) develop a detailed budget covering the 3-year identification period, including planned expenditures at the school level for activities supporting full and effective implementation of the selected school improvement strategy; (iv) implement a school improvement strategy at the school in accordance with the requirements of paragraph (4); (v) use appropriate measures to monitor the effectiveness of the implementation; (vi) review and select turnaround partners to assist in implementing school improvement strategies; (vii) align other Federal, State, and local resources with the school improvement strategy; (viii) provide the school with the operational flexibility, including autonomy over staffing, time, and budget, needed to enable full and effective implementation of the selected strategy, including through the modification of practices or policies, if necessary; (ix) collect and use data on an ongoing basis to adjust implementation of the school improvement strategy to improve student achievement; (x) provide an assurance that the implementation of the selected school improvement strategy addresses the needs of all the subgroups of students described in section 1111(a)(3)(D) in the school; (xi) take steps to sustain successful reforms and practices after the school is no longer identified as a priority school; (xii) provide technical assistance and other support to ensure students graduate from high school college and career ready, as determined by the State's academic content standards under section 1111(a)(1), through the effective implementation of the school improvement strategy in the school, which— (I) may include assistance in— (aa) data collection and analysis; (bb) recruiting and retaining staff; (cc) teacher and principal evaluation; (dd) professional development; (ee) parent and family engagement; (ff) coordination of services with high-quality early childhood education providers; (gg) coordination of services to address students’ social, emotional, and health needs; (hh) increasing learning time; (ii) coordination of services with institutions of higher education to facilitate the implementation of dual enrollment programs and early college high schools; and (jj) monitoring the implementation of the school improvement strategy selected under paragraph (4); and (II) shall include assistance in the implementation of schoolwide positive behavior supports, school-based mental health programs, and other approaches with evidence of effectiveness, for improving the learning environment in the school and reducing the need for suspensions, expulsions, and other actions that remove students from instruction, including effective strategies for improving coordination of community resources; (xiii) establish partnerships with employers, institutions of higher education, service providers, and others to assist in implementing school improvement strategies described in paragraph (4); and (xiv) review school discipline and climate data, disaggregated by each subgroup described in section 1111(a)(3)(D), in assessing the needs of the school and, if low-achieving subgroups receive a disproportionate amount of suspensions, expulsions, or other forms of exclusionary discipline, incorporate evidence-based strategies to reduce out-of-classroom punishment and promote student engagement in the school’s improvement plan. (C) State as local educational agency If a school identified as a priority school under this subsection for a 3-year identification period is re-identified as a priority school for the subsequent 3-year period, the State may take over the school and act as the local educational agency for purposes of this subsection, if permitted under State law. (4) School improvement strategies (A) Required activities for all school improvement strategies A local educational agency implementing any strategies under this paragraph for a school shall— (i) provide staff at the school with ongoing professional development, consistent with the needs analysis described in paragraph (2); (ii) conduct regular evaluations for the teachers and principals at the school that provide specific feedback on areas of strength and in need of improvement; (iii) provide time for collaboration among instructional staff at the school to improve student achievement; (iv) provide instructional staff at the school with timely access to student data to inform instruction and meet the academic needs of individual students, which may include, in elementary school, school readiness data; (v) collaborate with parents and families, the community, teachers, other school personnel at the school, and representatives of Indian tribes located in the area served by the local educational agency, on the selection and implementation of the strategy; (vi) use data to identify and implement a research-based instructional program that— (I) analyzes student progress and performance and develops appropriate interventions for students who are not making adequate progress; (II) provides differentiated instruction and related instructional supports; and (III) meets the unique cultural, language, and educational needs of all students served by such school; (vii) in the case of an elementary school with kindergarten entry— (I) examine factors that contribute to school readiness as part of the needs analysis conducted under paragraph (2); (II) coordinate with appropriate high-quality early childhood programs, such as programs under the Child Care Development and Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. (III) develop a plan to improve or expand high-quality early childhood options which may include the use of funds under the program under this subpart and subpart 2 for such purposes; (viii) provide ongoing mechanisms for parent and family engagement; (ix) provide appropriate services and evidence-based, integrated supports for students as identified in the school’s needs analysis; (x) describe, in a report to the State educational agency and made available to the public upon request, how the local educational agency or school will adopt and implement policies or practices to develop, implement, improve, or expand positive behavioral interventions and supports, early intervening services, and school-based mental health programs in accordance with the requirements of clauses (xi) through (xiv); (xi) (I) review and analyze the school's efforts to address behavioral or disciplinary problems; and (II) assist the school in developing, expanding, or improving the use of schoolwide positive behavioral interventions and supports that are aligned with activities carried out under the Individuals with Disabilities Education Act; (xii) review and analyze the school's efforts to identify and assist students with poor academic achievement and students who are children with disabilities, and assist the school in developing, implementing, or improving early intervening services that are coordinated with activities carried out under the Individuals with Disabilities Education Act; (xiii) review the number of discipline incidents in the school and use that information to assist the school to implement schoolwide positive behavioral interventions and supports or other early intervening services, or both; and (xiv) review and analyze the school's efforts to address mental health needs among students and assist the school in developing or improving school-based mental health programs that are coordinated with activities carried out under the Individuals with Disabilities Education Act. (B) Strategies A local educational agency shall identify a school improvement strategy for a school identified as a priority school under paragraph (1) from among the following strategies: (i) Transformation strategy A local educational agency implementing a transformation strategy in a school shall— (I) replace the principal, if the principal has served in that role at the school for more than 2 years, with a principal who has a demonstrated record of success in increasing student achievement and— (aa) training or experience in raising student achievement; or (bb) training or experience in turning around low-performing schools; (II) require existing instructional staff and school leadership to reapply for their positions; (III) require that all instructional staff and school leadership hiring be done at the school through mutual consent; and (IV) establish schedules and implement strategies that provide increased learning time. (ii) Turnaround strategy A local educational agency implementing a turnaround model as a strategy for a school shall— (I) replace the principal, if the principal has served in that role at the school for more than 2 years, with a principal who has the demonstrated record of success and the training or experience described in item (aa) or (bb) of clause (i)(I); (II) screen all teachers in the school and retain not more than 65 percent of them; and (III) establish schedules and implement strategies that provide increased learning time. (iii) Whole school reform strategy A local educational agency implementing a whole school reform strategy for a school shall implement an evidence-based strategy that ensures whole school reform. The strategy shall be undertaken in partnership with an external provider offering a school reform program that is based on at least a moderate level of evidence that the program will have a statistically significant effect on student outcomes, including more than 1 well-designed or well-implemented experimental or quasi-experimental study. (iv) Restart strategy A local educational agency implementing a restart strategy in a school shall carry out the following: (I) (aa) Convert the school into a public charter school, or close and reopen the school as a public charter school in partnership with a nonprofit charter school operator, a nonprofit charter management organization, or a nonprofit education management organization, that has a demonstrated record of improving student achievement for students similar to those served by the school; or (bb) convert the school to a magnet school or create a new, innovative school, as defined by the State. (II) Ensure that the new school— (aa) serves the grade levels as the original school for which the strategy is being implemented; and (bb) enrolls any former student of the original school who requests to attend the school and then, after all such students are enrolled, admits additional students, using a random lottery system if more students apply for admission than can be accommodated. (v) School closure strategy A local educational agency implementing a school closure strategy for a school— (I) shall close the school and enroll the students who attended the school in other schools, including charter schools, served by the local educational agency that are within reasonable proximity to the closed school, as determined by the local educational agency, and that are higher-performing than the school that is being closed; (II) shall provide transportation, or shall pay for the provision of transportation, for each such student to the student's new school, consistent with State law and local educational agency policy; (III) shall provide information about high-quality educational options, as well as transition and support services to students, who attended the closed school and the students' parents; and (IV) may use school improvement funds provided under subsection (f) to pay for the expenses of— (aa) transitioning students from the school that is being closed to the new school; (bb) supporting the new school; and (cc) expanding and offering student supports and services within the new school, which may include high-quality prekindergarten programs and services. (C) Flexibility (i) Flexibility for certain local educational agencies Notwithstanding any other provision of this paragraph— (I) a local educational agency that is eligible for services under subpart 1 or 2 of part B of title VI, as determined by the Secretary, may modify not more than 1 of the elements or activities required under subparagraph (A) of a school improvement strategy selected for a school identified under paragraph (4) in order to better meet the needs of students in such school; and (II) a State educational agency may apply to the Secretary for a waiver of clauses (i)(I) and (ii)(I) of subparagraph (B). (ii) State flexibility Notwithstanding any other provision of this paragraph, a State educational agency may, with the approval of the Secretary, establish an alternative State-determined, evidence-based, school improvement strategy that may be used by local educational agencies in the State in addition to the strategies described in subparagraph (B), except that funds provided under this title shall not be used for school vouchers. (D) Public school choice (i) In general In addition to the requirements of subparagraph (A) and the school improvement strategy determined under subparagraph (B) or (C)(ii), a local educational agency shall, not later than 3 months before the first day of the school year following identification as a priority school under paragraph (1), provide all students enrolled in the identified school with the option to transfer to another public school served by the local educational agency that has not been identified under such paragraph, unless such an option is prohibited by State law. (ii) Priority In providing students the option to transfer to another public school, the local educational agency shall give priority to the lowest-achieving children from low-income families, as determined by the local educational agency for the purposes of allocating funds to schools under section 1113(a)(3). (iii) Treatment Students who use the option to transfer to another public school shall be enrolled in classes and other activities in the public school to which the students transfer in the same manner as all other children at the public school. (iv) Special rule A local educational agency shall permit a child who transfers to another public school under this subparagraph to remain in that school until the child has completed the highest grade in such school. (5) Improvement (A) In general The State educational agency shall no longer identify a school that has been identified as a priority school for any remainder of the school's 3-year identification period if— (i) after 2 years of the 3-year period for which a school is identified as a priority school under paragraph (1), the school has met all of the school's performance targets as described in section 1111(a)(3)(C); or (ii) after 2 years of the 3-year period, the State determines, based on the most current data, that the school's rate of improvement is sufficient to enable the school to meet all of the school's performance targets by the end of the 3-year period. (B) Continued eligibility for school improvement funds If an eligible entity, as defined in subsection (f)(1), was receiving school improvement funds under subsection (f) for a school that improves as described in subparagraph (A), the eligible entity shall continue to receive such grant funds, and use such funds to carry out the grant activities in such school, for the full period of such grant. (6) Repeated classification as a priority school (A) In general For each public school that is identified as a priority school under paragraph (1) for any portion of a 3-year period and is re-identified under such paragraph for the subsequent time period, the local educational agency shall carry out the requirements of this subsection for such subsequent period by implementing, with respect to such school, the restart strategy or school closure strategy under clause (iv) or (v) of paragraph (4)(B). (B) Special rule Notwithstanding subparagraph (A), a local educational agency serving a school described in such paragraph may, in coordination with the State educational agency and based on a community needs assessment, apply to the Secretary for a waiver to implement another school improvement model not previously used by the local educational agency for the school. (e) Report on professional development funds for priority schools Each local educational agency that receives subgrant funds under the program under this subpart and subpart 2 shall prepare and submit a report to the State educational agency, at the end of each school year, regarding— (1) the local educational agency's use of funds for professional development, as required under section 2123(b)(2), in schools identified as priority schools under subsection (d) that did not receive funds under subsection (f); and (2) any changes in, or effects on, student performance at such schools during such school year. (f) School improvement funds (1) Definitions In this subsection: (A) Eligible entity the term eligible entity (i) a State educational agency that is operating a statewide recovery school district; (ii) a local educational agency that receives funds under the program under this subpart and subpart 2 and serves at least 1 eligible school; (iii) a consortium of such local educational agencies; or (iv) an educational service agency that serves at least 1 local educational agency described in clause (ii). (B) Eligible school The term eligible school (2) Allotments to states (A) In general From the funds made available to carry out this subsection under section 3(a)(2) for a fiscal year, the Secretary shall provide States that submit an application described in paragraph (3) with school improvement funds through an allotment, as determined under subparagraph (B) and in addition to the amounts made available to States under subpart 2, to enable the States to award subgrants and carry out the activities described in this subsection to assist eligible schools. (B) Allotments to States From the funds made available to carry out this subsection under section 3(a)(2) for a fiscal year, the Secretary shall allot to each State with an approved application an amount that bears the same relation to such funds as the amount that the State received under subpart 2 for the preceding fiscal year bears to the amount that all States receive under such subpart for such fiscal year. (3) State application A State that desires to receive school improvement funds under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall include a description of— (A) the process and the criteria that the State will use to award subgrants under paragraph (5)(A)(i); (B) the process and the criteria the State will use to determine whether the eligible entity's proposal for each eligible school meets the requirements of paragraphs (2) and (4), and subparagraphs (A) and (B) of paragraph (3), of subsection (d); (C) how the State will ensure geographic diversity in making subgrants; (D) how the State will set priorities in awarding subgrants to eligible entities; (E) how the State will monitor and evaluate the implementation of school improvement strategies by eligible entities, including how the State will use the results of the evaluation to improve State strategies for supporting schools identified under subsection (d); and (F) how the State will reduce barriers for schools in the implementation of school improvement strategies, including operational flexibility that would enable complete implementation of the selected school improvement strategy. (4) State administration and technical assistance A State that receives an allotment under this subsection may reserve not more than a total of 5 percent of such allotment for the administration of this subsection, which may include activities aimed at building State capacity to support the local educational agency and school improvement, such as providing technical assistance and other support (including regular site visits to monitor implementation of selected school improvement strategies to eligible entities serving eligible schools), either directly or through educational service agencies or other public or private organizations. (5) School improvement activities (A) In general A State that receives school improvement funds under this subsection shall use not less than 95 percent of such allotment to carry out school improvement activities for eligible schools by— (i) awarding subgrants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the activities described in subparagraph (C) for eligible schools; or (ii) if the State chooses and the local educational agency serving an eligible school agrees, directly providing the activities described in subparagraph (C)(ii) to the eligible school and the local educational agency, or arranging for other entities, such as school support teams or educational service agencies, to provide such activities to the school. (B) Subgrants (i) Applications An eligible entity that desires a subgrant under this paragraph shall submit an application to the State at such time, in such manner, and including such information as the State shall require. The application shall include a description of how the eligible entity will carry out the requirements of paragraphs (2) and (4), and subparagraphs (A) and (B) of paragraph (3), of subsection (d) for each eligible school to be served by the grant. (ii) Demonstration of additional responsibilities Each eligible entity that desires a subgrant under this paragraph shall demonstrate in its application that the eligible entity has— (I) adopted human resource policies that prioritize the recruitment, retention, and placement of effective staff in eligible schools; (II) ensured that eligible schools have access to resources to implement the school improvement strategies described in subsection (d)(4), such as facilities, professional development, and technology; (III) identified opportunities to reduce duplication, increase efficiency, and assist eligible schools in complying with reporting requirements of State and Federal programs; (IV) developed an early warning indicator system that monitors school-level data, and alerts the eligible school when a student indicates slowed progress toward high school graduation, so that the school can provide appropriate student interventions; and (V) facilitated alignment and coordination between high-quality early childhood education programs and services serving students who will attend eligible schools that are elementary schools, and teachers and principals of such eligible schools. (iii) Subgrant size A State shall award subgrants under this paragraph of sufficient size to enable subgrant recipients to fully and effectively implement the selected school improvement strategies. (iv) Subgrant period Each subgrant awarded under this paragraph shall be for a 5-year period. (v) Withholding final funding In order for a State to award subgrant funds to an eligible entity for the final 2 years of the subgrant cycle, the eligible entity shall demonstrate that the schools receiving funds under this paragraph have made significant progress on the leading indicators. (C) Use of subgrant funds An eligible entity that receives a subgrant under this paragraph shall use the subgrant funds to— (i) carry out the requirements of subparagraphs (A) and (B) of paragraph (3), and paragraphs (2) and (4), of subsection (d) in an eligible school that has been identified under such subsection as of the date of the grant award, which may include a maximum 1-year planning period; and (ii) carry out activities at the local educational agency level that directly support such implementation, such as— (I) assistance in data collection and analysis; (II) recruiting and retaining staff; (III) teacher and principal evaluation; (IV) professional development; (V) coordination of services to address students’ social, emotional, and health needs; and (VI) progress monitoring. (D) Supplement, not supplant An eligible entity or State shall use Federal funds received under this subsection only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of pupils participating in programs funded under this subsection. (E) Intervention by State In the case of a State educational agency that has taken over a school or local educational agency, the State may use an amount of funds under this subsection similar to the amount that the school or local educational agency would receive, under this subsection, in order to carry out the activities described in subparagraph (C) for the school and local educational agency, either directly or through an eligible entity designated by the State educational agency. (6) National activities From amounts appropriated and reserved for this paragraph under section 3(a)(2)(B), the Secretary shall carry out the following national activities: (A) Activities focused on building State and local educational agency capacity to turn around eligible schools and schools in rural areas through activities such as— (i) identifying and disseminating effective school improvement strategies, including in rural areas; (ii) making available targeted technical assistance, including planning and implementation tools; and (iii) expanding the availability of turnaround partners capable of assisting in turning around eligible schools, including in rural areas. (B) Activities focused on building capacity to turn around eligible schools, including in rural areas. (C) The use of data, research, and evaluation to— (i) identify schools that are implementing school improvement strategies effectively; (ii) identify effective school improvement strategies; and (iii) collect and disseminate that information to States and local educational agencies in a manner that facilitates replication of effective practices. (D) Other activities designed to support State and local efforts to improve eligible schools. (7) Evaluation The Director of the Institute of Education Sciences shall conduct an evaluation of the programs carried out under this subsection. (g) Construction Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. . 1117. Qualifications for teachers and paraprofessionals Subpart 1 of part A of title I ( 20 U.S.C. 6311 et seq. (1) by striking section 1117; (2) by redesignating section 1119 as section 1117, and moving it so as to precede section 1118; (3) by redesignating sections 1120, 1120A, and 1120B as sections 1119, 1120, and 1120A, respectively; and (4) in section 1117, as redesignated by paragraph (2)— (A) by striking subsections (a) and (b) and inserting the following: (a) Teacher qualifications (1) In general Except as provided in paragraph (2), each local educational agency receiving assistance under the program under this subpart and subpart 2 shall ensure that all teachers teaching a core academic subject in a program supported with funds under such subparts are highly qualified teachers and are certified in the subject area in which the teachers are assigned to teach. (2) Exception Each local educational agency located in a State in which the State has fully implemented a professional growth and improvement system shall only be required to comply with the requirements under paragraph (1) as they relate to new teachers. (3) Special rule for small, rural, or remote schools In the case of a local educational agency that is unable to provide a highly qualified teacher to serve as an on-site classroom teacher for a core academic subject in a small, rural, or remote school, the local educational agency may meet the requirements of this section by using distance learning to provide such instruction by a teacher who is a highly qualified teacher for purposes of the core academic subject, as long as— (A) the teacher who is a highly qualified teacher in the core academic subject— (i) is responsible for providing at least 50 percent of the direct instruction in the core academic subject through distance learning; (ii) is responsible for monitoring student progress; and (iii) is the teacher who assigns the students their grades; and (B) an on-site teacher who is a highly qualified teacher for a subject other the core academic subject taught through distance learning is present in the classroom throughout the period of distance learning and provides supporting instruction and assistance to the students. (b) Qualifications for American Indian, Alaska Native, or Native Hawaiian language, culture, or history teachers (1) Language or culture (A) In general Notwithstanding any other provision of law, the requirements of subsection (a) on local educational agencies with respect to highly qualified teachers shall not apply to a teacher of American Indian, Alaska Native, or Native Hawaiian language or culture, whether the teacher is teaching on a permanent, part-time, or occasional basis. (B) Competency A State may require that a local tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b (2) History (A) In general Notwithstanding any other provision of law, the requirements of subsection (a) on local educational agencies with respect to highly qualified teachers, shall not apply to a teacher who is a Native elder or other authority on American Indian, Alaska Native, or Native Hawaiian history and who provides instruction in such subject, whether on a part-time or occasional basis. (B) Competency A State may require that a local tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ; (B) in subsection (c)(1), by striking hired after the date of enactment of the No Child Left Behind Act of 2001 and (C) by striking subsections (d) and (l); (D) by redesignating subsections (e), (f), (g), (h), (i), (j), and (k), as subsections (d), (e), (f), (g), (h), (i), and (j), respectively; (E) in subsection (d), as redesignated by subparagraph (D), by striking Subsections (c) and (d) Subsection (c) (F) by striking subsection (i), as redesignated by subparagraph (D), and inserting the following: (i) Special rule A State educational agency may not require a school or a local educational agency to expend a specific amount of funds for professional development activities under the program under this subpart and subpart 2. . 1118. Parent and family engagement Section 1118 ( 20 U.S.C. 6318 1118. Parent and family engagement (a) Local educational agency parent and family engagement assessment and plan (1) In general In order to increase student academic achievement and improve child development, a local educational agency may receive funds under the program under this subpart and subpart 2 only if such agency develops and implements a strategic, evidence-based plan to support meaningful engagement of parents and family members in education (referred to in this section as the parent and family engagement plan (A) based on a needs assessment of parents and family members, school instructional and leadership personnel, and community leaders, conducted to inform the development of the plan; and (B) developed and implemented through meaningful consultation with— (i) parents and family members of participating children; (ii) youth who have graduated from schools that are part of the local educational agency; (iii) as applicable, employers, business leaders, and philanthropic organizations; (iv) other members of the community who are committed to increasing student academic achievement and improving child development; (v) to the greatest extent practicable, individuals with expertise in effectively engaging parents and family members in education; and (vi) organizations that have a demonstrated record of effectiveness in assisting students in becoming college and career ready, as determined in accordance with the State academic content standards under section 1111(a)(1). (2) Annual survey A local educational agency described in paragraph (1) shall, on an annual basis, conduct a survey, through electronic means to the extent practicable, including delivery through mobile devices, of all parents, family members, and all school instructional and leadership personnel, to— (A) determine the needs of parents and family members, in order to assist with the learning of their children and engage with school personnel, including all teachers of their children; (B) identify strategies to support school-family interactions, including identifying and addressing the barriers to effective parental involvement in a manner responsive to the cultural and language needs of such parents; (C) determine the level of parent and family engagement in each respondent’s respective school and the level of engagement of school leaders with parent and family members; (D) identify perceived and actual barriers to the activities described in subparagraph (A); and (E) determine the perceptions about the school's conditions for learning. (3) Parent and family engagement plan (A) Development Based on the results of the survey described in paragraph (2), each local educational agency receiving funds under the program under this subpart and subpart 2 shall develop and implement an annual parent and family engagement plan jointly with the parents and family members of participating children and, where applicable, with a parent advisory committee that represents the entire school district. Such plan shall— (i) be designed to foster the engagement of parents and other family members and school instructional and leadership personnel; (ii) be designed to integrate such engagement into the practice of all the local educational agency's schools that are served under the program under this subpart and subpart 2; (iii) establish parent engagement goals for the local educational agency and such schools; and (iv) establish annual quantifiable performance benchmarks for such goals, which shall require continual progress toward the achievement of such goals. (B) Additional elements The parent and family engagement plan shall— (i) establish the school’s expectations for, and commitment to support, meaningful, evidence-based, parent and family engagement strategies; (ii) describe the process through which the school will equip parents and family members, with particular attention to economically disadvantaged parents and family members, to— (I) act in partnership with local educational agency and school personnel to improve the academic achievement and development of their children; and (II) participate in school improvement strategies; (iii) describe how the local educational agency will provide the coordination, technical assistance, and other support and conditions necessary to assist participating schools in planning and implementing effective parent and family engagement strategies, such as— (I) making facilities of the local educational agency available, as appropriate; (II) making compensatory time available for educators to conduct home visits; (III) establishing co-location with public assistance programs; (IV) encouraging the implementation of community school models and related activities; and (V) utilizing the expertise of, and developing strategies with, organizations that have a demonstrated track record of success in supporting parent and family engagement; (iv) provide for not less than 1 schoolwide meeting during each academic year, at a convenient time, to which parents and family members of participating children shall be invited and encouraged to attend, in order to— (I) review the parent and family engagement plan; (II) inform parents and family members of opportunities for engagement in their child's education; and (III) explain to parents and family members the right of the parents and family members to be involved, and the benefits of meaningful engagement; (v) provide parents with an opportunity to develop the knowledge and skills to engage in full partnerships with school instructional and leadership staff of the school in the education of their children; (vi) provide for professional development and other evidence-based support to school instructional and leadership personnel regarding effective parent and family engagement; (vii) to the extent feasible and appropriate, coordinate and integrate parent and family engagement programs and strategies with other Federal, State, and local programs; (viii) provide information to school personnel, students, and parents about the school's use of positive behavioral interventions and supports, school-based mental health programs, and the expectations of school personnel, students, and parents in supporting a safe learning environment for all students; and (ix) describe how the local educational agency will coordinate with parent and family information and resource centers established under part H of title IV. (b) Annual review of performance benchmarks Each year, each local educational agency described in subsection (a), each school served under the program under this subpart, and the parent advisory board established under subsection (g) shall collaboratively review the benchmarks for each of the goals established under subsection (a)(3)(A)(iii). Based on the review— (1) if a local educational agency has met or made continual progress toward meeting, its annual benchmarks in such year, the local educational agency will continue to implement the parent and family engagement plan; (2) if the local educational agency has not met or made continual progress toward meeting its annual benchmarks in such year, the local educational agency and parent advisory board shall jointly determine the cause after taking into the account the results of the end-of-the-year survey described in subsection (c); and (3) the local educational agency shall publicly report on whether the agency has met or made continual progress toward meeting such benchmarks, and the degree to which the benchmarks were met. (c) End-of-the-year survey As part of the review described in subsection (b), a local educational agency shall conduct an end-of-the-year survey of parents and school instructional and leadership personnel, including parents and personnel who participated in the survey described in subsection (a)(2), to determine whether the needs of parents and personnel were met through the implementation of the plan. (d) Revision of plan The local educational agency and the parent advisory board established under subsection (g) shall address the causes described in subsection (b)(2) and the results of the survey in subsection (c) in the development or revision of the parent and family engagement plan. (e) Reservation and use of funds (1) In general Each local educational agency shall reserve not less than 2 percent of such agency's allocation under subpart 2 to assist schools in carrying out the activities described in this section, subject to paragraph (2). (2) Exception The reservation requirement under paragraph (1) shall not apply if 1 percent of the local educational agency's allocation under subpart 2 for the fiscal year for which the determination is made is equal to or less than $5,000. (3) Distribution of funds (A) In general A local educational agency shall— (i) distribute not less than 75 percent of funds reserved under paragraph (1) to schools served under this subpart; and (ii) use not more than 20 percent of such funds for parent and family engagement activities at the local educational agency level. (B) Priority In allocating the funds described in subparagraph (A), each local educational agency shall give priority to high-need schools. (4) Use of funds Funds reserved under paragraph (1) may be used to carry out activities and strategies consistent with the parent and family engagement plan described in subsection (a), including not less than 1 of the following: (A) Designating or establishing a dedicated office or dedicated personnel for parent and family engagement. (B) Providing professional development for local educational agency and school personnel regarding parent and family engagement strategies, which may be provided jointly to teachers, school leaders, early childhood educators, and parents and family members. (C) Providing adult education and literacy activities, as defined in section 203 of the Adult Education and Family Literacy Act ( 20 U.S.C. 9201 et seq. (D) Supporting home visitation programs. (E) Engaging in other evidence-based or promising strategies for improving and increasing parent and family engagement, which may include family and student supports, as defined in section 4703. (F) Disseminating information on best practices (such as implementation, replication, impact studies, and evaluations) focused on parent and family engagement, especially best practices for increasing the engagement of economically disadvantaged parents and family members. (G) Contracting with experienced parent organizations to assist with training and other activities under this section. (H) Collaborating, or providing subgrants to schools to enable the schools to collaborate, with community-based organizations, or employers, with a demonstrated track record of success in improving and increasing student academic achievement and parent and family engagement to— (i) enhance student achievement and development through greater engagement with children, such as experiential learning opportunities and internships; (ii) increase opportunities for such organizations and employers to support family engagement activities, including by offering family engagement training and supporting adult education and family literacy programs; and (iii) expand the role of the school as a community resource, such as by using facilities for community events, meetings, career or health fairs, or adult education and family literacy activities. (f) Accessibility In carrying out the parent and family engagement requirements of this subpart, local educational agencies and schools, to the greatest extent practicable, shall provide opportunities for the full and informed participation of parents and family members (including parents and family members with disabilities), including providing information and school reports in a format and, to the greatest extent practicable, in a language such parents can understand. (g) Parent advisory board Each local educational agency described in subsection (a) shall establish a parent advisory board for the purposes of developing, revising, and reviewing the parent and family engagement plan. Such board shall— (1) consist of a sufficient number of parents of children attending the local educational agency's schools served under this subpart to adequately represent the interests and needs of parents at the local educational agency; (2) meet multiple times throughout the school year; and (3) be representative of the population served by the local educational agency. . 1119. Technical corrections regarding section 1119 Section 1119 (20 U.S.C. 6320), as redesignated by section 1117(3), is amended— (1) in subsection (a)(1), by striking sections 1118 and 1119 sections 1117 and 1118 (2) in subsection (c)(2), by striking 9505 9503 1120. Comparability of services Section 1120 ( 20 U.S.C. 6321 (1) in subsection (a), by striking “involved”; and (2) by striking subsection (c) and inserting the following: (c) Comparability (1) In General (A) Comparability Beginning for the 2015–2016 school year, a local educational agency may receive funds under the program under this subpart and subpart 2 only if the local educational agency demonstrates to the State educational agency that the combined State and local per-pupil expenditures (including actual personnel and actual nonpersonnel expenditures) in each school served under this subpart, in the most recent year for which such data were available, are not less than the average combined State and local per-pupil expenditures for those schools that are not served under this subpart. (B) Alternative comparability If the local educational agency is serving all of the schools under its jurisdiction under this subpart, the agency shall demonstrate to the State educational agency that the average combined State and local per-pupil expenditures (including actual personnel and actual nonpersonnel expenditures) for its high-poverty schools, in the most recent year for which such data are available, were not less than the average combined State and local per-pupil expenditures for its low-poverty schools. (C) Basis A local educational agency may meet the requirements of subparagraphs (A) and (B) on a local educational agency-wide basis or a grade-span by grade-span basis. (D) Exclusion of funds (i) In general For the purpose of complying with this paragraph, a local educational agency shall exclude any State or local funds expended in any school for— (I) excess costs of providing services to English learners; (II) excess costs of providing services to children with disabilities; (III) capital expenditures; and (IV) such other expenditures as the Secretary determines appropriate. (ii) Changes after the beginning of the school year A local educational agency need not include unpredictable changes in student enrollment or personnel assignments that occur after the beginning of a school year in determining compliance under this subsection. (2) Documentation A local educational agency shall demonstrate that it is meeting the requirements of paragraph (1) by submitting to the State educational agency the per-pupil expenditures, personnel expenditures, nonpersonnel expenditures, and total expenditures for each school served by the local educational agency. (3) Inapplicability This subsection shall not apply to a local educational agency that does not have more than 1 building for each grade span. (4) Process and procedures (A) Local educational agency responsibilities Each local educational agency assisted under the program under this subpart and subpart 2 shall, by October 31, 2016, report to the State educational agency on its compliance with the requirements of this subsection for the preceding school year, including a listing, by school, of actual combined per-pupil State and local personnel and nonpersonnel expenditures. (B) State educational agency responsibilities Each State educational agency assisted under the program under this subpart and subpart 2 shall ensure that such information is made publicly available by the State or the local educational agency, including the school-by-school listing described in subparagraph (A). (C) Plan A local educational agency that does not meet the requirements of this subsection in any year shall develop and implement a plan to ensure compliance for the subsequent school year and may be required by the State educational agency to report on its progress in implementing such plan. (5) Transition provisions (A) School years preceding the 2015–2016 school year For school years preceding the 2015–2016 school year, a local educational agency may receive funds under the program under this subpart and subpart 2 only if the local educational agency demonstrates to the State educational agency that the local educational agency meets the requirements of section 1120A, as in effect on the day before the date of enactment of the Strengthening America's Schools Act of 2013 (B) Transition between requirements The Secretary shall take such steps as are necessary to provide for the orderly transition between the requirements under section 1120A, as in effect on the day before the date of enactment of the Strengthening America's Schools Act of 2013 (6) Rule of construction Nothing in this subsection shall be construed to require a local educational agency to transfer school personnel in order to comply with this subsection. (7) Comparable requirements In the case of a State, State educational agency, or local educational agency that has, before the date of enactment of the Strengthening America's Schools Act of 2013 . 1121. Coordination requirements Section 1120A ( 20 U.S.C. 6322 1120A. Coordination requirements (a) In general Each local educational agency receiving assistance under the program under this subpart and subpart 2 shall carry out the activities described in subsection (b) with Head Start agencies (consistent with section 642(e)(5) of the Head Start Act ( 42 U.S.C. 9837(e)(5) (b) Activities The activities and services referred to in subsection (a) include— (1) developing and implementing a systematic procedure for transferring, with parental consent, early childhood program records for each participating child to the school in which such child will enroll; (2) establishing ongoing communication between early childhood program staff and their counterparts in the schools (including teachers, principals, social workers, local educational agency liaisons designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act, and health staff) to facilitate the coordination and alignment of programs; (3) establishing ongoing communications between the early childhood program and the local educational agency for developing continuity of developmentally appropriate instructional programs and shared expectations for children’s learning and development as children transition to school; (4) organizing and participating in joint training, including transition-related training for school staff and early childhood programs; (5) establishing comprehensive transition policies and procedures that support the school readiness of children transitioning to school; (6) conducting outreach to parents, families, and elementary school teachers to discuss the educational, developmental, and other needs of children entering school; (7) helping parents of children who are English learners understand— (A) the instructional and other services provided by the school in which such child will enroll after participation in a Head Start program or other Federal early childhood care and education program; and (B) as appropriate, the information provided to parents of English learners under section 3202; (8) helping parents understand the instructional and other services provided by the school in which their child will enroll after participation in a Head Start program or other Federal early childhood care and education program; and (9) developing and implementing a system to increase program participation of underserved populations of eligible children, especially children eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. . 1122. Grants for the outlying areas and the Secretary of the Interior Section 1121 ( 20 U.S.C. 6331 (1) in subsection (a), by striking section 1002(a) and 1125A(f) paragraphs (1) and (3) of section 3(a) (2) in subsection (b)(3)— (A) in subparagraph (A), by striking and freely associated States (B) in subparagraph (C)(ii), by striking challenging State academic content standards college and career ready State academic content standards under section 1111(a)(1) (3) by striking subsection (c) and inserting the following: (c) Definition of outlying area As used in subsections (a) and (b), the term outlying area . 1123. Allocations to States Section 1122(a) ( 20 U.S.C. 6332(a) section 1002(a) to carry out this part for each of fiscal years 2002–2007 section 3(a)(1) to carry out this part for each of fiscal years 2014 through 2019 1124. Education finance incentive grant program Section 1125A (20 U.S.C. 6337) is amended— (1) in subsection (a), by striking subsection (f) section 3(a)(3), (2) in subsection (b)(1)(A), by striking subsection (f) section 3(a)(3) (3) by striking subsection (f); and (4) by redesignating subsection (g) as subsection (f). 1125. Blue ribbon schools; centers of excellence in early childhood; green ribbon schools Part A of title I ( 20 U.S.C. 6311 et seq. 3 Blue ribbon schools; centers of excellence in early childhood; green ribbon schools 1131. Blue ribbon schools (a) Program purpose It is the purpose of this section to assist States and local educational agencies in identifying and rewarding high-performing public schools. (b) Blue ribbon schools (1) Identification of blue ribbon schools Each State receiving a grant under the program under subpart 1 and subpart 2 may— (A) define the category of blue ribbon schools, consistent with paragraph (2), for the State as part of its State plan in section 1111(b); and (B) identify, for each school year, the schools in the State that are blue ribbon schools for such year. (2) Blue ribbon school criteria (A) In general If a State elects to carry out this subsection, the State’s blue ribbon schools shall consist of the highest 5 percent of the State's public elementary schools and secondary schools, as designated by the State based on— (i) the percentage of proficient or advanced students, as determined under section 1111(a)(3)(B)(ii)(I), in English or language arts, and mathematics; (ii) in the case of high schools, the school’s graduation rates; (iii) the performance of each category of students described in section 1111(a)(3)(D); (iv) the percentage of students who are meeting or exceeding the State student academic achievement standards or are achieving sufficient academic growth as described in section 1111(a)(3)(B)(iii); and (v) school gains. (B) Noneligibility for blue ribbon status A school identified under subsection (c) or (d) of section 1116 for a year shall not be eligible for blue ribbon school status for the same year. (c) Rewards (1) In general Each State that defines and identifies blue ribbon schools under subsection (b)(1) for a school year may— (A) provide each blue ribbon school in the State with increased autonomy over the school’s budget, staffing, and time; (B) allow each blue ribbon school to have flexibility in the use of any funds provided to the school under this Act for any purpose allowed under this Act (notwithstanding any other provision of this Act), as long as such use is consistent with the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 42 U.S.C. 12101 et seq. (C) reserve not more than .5 percent of the funds allotted to the State under subpart 2 and use such reserved amounts to distribute rewards, on a competitive basis, to local educational agencies that serve 1 or more blue ribbon schools identified under subsection (b) that receive funds under subpart 2 to enable the local educational agencies to provide awards to such blue ribbon schools that receive funds under such subpart. (2) Use of rewards As a condition of receiving an award from a local educational agency under this subsection, a blue ribbon school shall agree to use the award funds to— (A) improve student achievement; and (B) provide technical assistance to the lowest-achieving schools in the closest geographic region of the State to the blue ribbon school, in accordance with the State plan under section 1111(b)(1)(E). 1132. Centers of excellence in early childhood (a) Definition of eligible early childhood education program In this section, the term eligible early childhood education program (1) serves young children from households that would be eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and (2) is nominated, by the Governor of the State in which the program is located and through a competitive selection process, to be a center of excellence in early childhood under this section. (b) Program authorized (1) In general The Secretary of Education, acting jointly with the Secretary of Health and Human Services as provided in paragraph (2), shall, subject to the availability of funds under section 3(a)(4), establish a program under which the Secretary shall— (A) designate exemplary eligible early childhood education programs as centers of excellence in early childhood for the purposes of sharing best practices among early childhood education programs and to support or recognize the centers of excellence to improve the quality of care in programs in their local region; and (B) award bonus grants to each center of excellence in early childhood, to enable the center to carry out the activities described in subsection (e). (2) Federal administration (A) In general With respect to this section, the Secretary shall bear responsibility for obligating and disbursing funds and ensuring compliance with applicable laws and administrative requirements, subject to subparagraph (B). (B) Interagency agreement The Secretary of Education and the Secretary of Health and Human Services shall jointly administer activities supported under this section on such terms as the Secretaries shall set forth in an interagency agreement. (c) Application (1) In general In order to be eligible to be designated as a center of excellence in early childhood under subsection (b), an eligible early childhood education program shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents At a minimum, the application shall include— (A) evidence that the eligible early childhood education program has significantly improved the school readiness, as determined by the Secretaries, of young children who have participated in the program; (B) evidence that the eligible early childhood education program demonstrates improved child outcomes across all the essential domains of school readiness; (C) evidence that the eligible early childhood education program has high staff qualifications that are designed to promote the social, emotional, physical, and cognitive development of children; (D) an assurance that the eligible early childhood education program will develop a collaborative partnership with other providers of early childhood education in the local community involved to conduct activities under subsection (e); (E) a nomination letter, from the Governor of the State in which the eligible early childhood education program is located, demonstrating the eligible early childhood education program's ability to— (i) provide the coordination, transition, and training services of the activities proposed to be carried out under the bonus grant, including the coordination of such activities with State and local agencies that provide early childhood education and development to young children and families in the community served by the eligible early childhood education program; and (ii) carry out the activities described in subsection (e)(1); and (F) a description of how the early childhood program, in order to expand accessibility and continuity of quality early childhood education and development services and programs, will coordinate activities under subsection (e) with— (i) programs serving children assisted under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.); (ii) the temporary assistance for needy families program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. (iii) the block grants to States for social services program funded under subtitle A of title XX of the Social Security Act ( 42 U.S.C. 1397 et seq. (iv) child care programs supported directly through the Community Services Block Grant; (v) the Head Start and Early Head Start programs carried out under the Head Start Act; (vi) programs supported by grants under part I of title IV; (vii) other preschool programs supported under this title; (viii) programs carried out under section 619 and part C of the Individuals with Disabilities Education Act; (ix) State prekindergarten programs; (x) programs that support parent and family engagement, including programs funded under section 1118 or, if applicable, grantees supported through parent and family information and resource center grants under part H of title IV; and (xi) other programs of early childhood education and development; and (G) a description of how the early childhood education program, if selected as a center for excellence in early childhood, will work with the local educational agency of the area in which the program is located, to— (i) provide for effective transitions between the program and elementary schools; and (ii) facilitate ongoing communication between the program and elementary school teachers concerning young children participating in the program to improve the teachers' ability to work effectively with low-income, at-risk young children and their families. (d) Designation and bonus grants (1) In general For each 5-year term described in paragraph (2), the Secretary shall— (A) select and designate, as centers of excellence in early childhood, not less than 1 early childhood education program from each of the several States of the United States, the District of Columbia, Commonwealth of Puerto Rico, and each of the outlying areas from which the Secretary has received applications; and (B) award each center of excellence in early childhood a bonus grant for the 5-year term, subject to paragraph (2)(B). (2) Term of designation (A) In general Subject to subparagraph (B), the Secretary shall designate each early childhood education program as a center of excellence in early childhood under paragraph (1) for a 5-year term. During the period of that designation, the program shall receive a bonus grant under this subsection. (B) Revocation The Secretary may revoke a program’s grant and designation under subparagraph (A) if the Secretary determines that the program has not made substantial progress in meeting the goals and objectives of the grant. (3) Bonus grant amount (A) Minimum amount of bonus grant Subject to the availability of appropriations, each bonus grant awarded under this subsection shall be in an amount of not less than $200,000 per year. (B) Priority for increased bonus grant funding In determining the amount of the bonus grant for a center of excellence in early childhood under this section, and subject to the requirements of subparagraph (A), the Secretary— (i) shall give priority to centers that, through their applications, demonstrate that their programs are of exceptional quality and would serve as exemplary models for programs in the same geographic region; and (ii) may give consideration to— (I) the populations served by the centers, such as centers that serve large proportions of young children who are English learners, children who are infants or toddlers with disabilities, as defined in section 632 of the Individuals with Disabilities Education Act, children with disabilities who are eligible for services under section 619 of such Act, homeless children, foster children, or children who receive child protective services, or young children of other underserved populations; and (II) centers that do an exceptional job meeting the needs of young children in such populations. (e) Use of bonus grant funds A center of excellence in early childhood that receives a bonus grant under subsection (d) shall— (1) use not less than 15 percent of the funds made available through the grant to disseminate to other early childhood education programs in the State involved (including to early childhood education programs who serve young children who live on tribal lands or come from families who engage in seasonal or migrant work), best practices for achieving early academic success, including best practices for— (A) achieving school readiness, including developing early literacy and mathematics skills; (B) achieving the acquisition of the English language for English learners, if appropriate to the population served; (C) providing high-quality comprehensive services, if applicable, for participating young children and their families; and (D) facilitating the social and emotional development of children and young children; and (2) use the remainder of such funds for not less than 2 of the following activities: (A) In the case of a center of excellence that is a Head Start program, providing Head Start services to additional eligible young children. (B) Extending the services of the center of excellence to provide full-day, full-week, or full-year care to young children served by the program, if appropriate to better meet the needs of working families in the community served by the center. (C) Further coordinating early childhood education programs and services and social services available in the community served by the center for at-risk young children, their families, and pregnant women. (D) Providing professional development for program instructional and support staff, including joint training for with child care providers, public preschool and elementary school teachers and school leaders, and other providers of early childhood education and development programs. (E) Developing or maintaining partnerships with institutions of higher education and nonprofit organizations, including community-based organizations, that recruit, train, place, and support postsecondary education students to serve as mentors and reading partners to preschool children in centers that serve such children. (F) Carrying out other activities determined by the center to improve the overall quality of the center's early childhood education program and for which there is evidence that the activities will lead to improved safety, development, well-being, or school readiness of the young children served by the program. (G) Sharing best practices concerning the transition of children into elementary school. (f) Reports to the Secretary Each center of excellence in early childhood that receives bonus grant funds under this section shall submit an annual report to the Secretary, at such time and in such manner as the Secretary may require, that contains a description of the activities the center carried out with funds received under this section, including a description of how such funds improved services for young children and families. (g) Research and technical assistance From the funds made available to carry out this section, the Secretary may reserve not more than 1 percent of such funds to carry out the following activities: (1) Supporting a research collaborative among the Institute of Education Sciences, the National Institute of Child Health and Human Development, the Office of Planning, Research, and Evaluation within the Administration for Children and Families of the Department of Health and Human Services, and, as appropriate, other Federal entities, to support research on early learning that can inform improved State and other standards and licensing requirements and improved outcomes for young children, which collaborative shall— (A) biennially prepare and publish for public comment a detailed research plan; (B) support early learning research activities that could include determining— (i) the characteristics of early learning programs that produce positive developmental outcomes for young children; (ii) the effects of program quality standards on child outcomes; (iii) the relationships between specific interventions and types of child and family outcomes; (iv) the effectiveness of early learning provider training in raising program quality and improving child outcomes; (v) the effectiveness of professional development strategies in raising program quality and improving child outcomes; and (vi) how to improve the school readiness outcomes of young children who are English learners, children with special needs, and homeless children, including evaluation of professional development programs for working with such children; and (C) disseminate relevant research findings and best practices. (2) Evaluating barriers to improving the quality of early learning programs serving low-income young children, including evaluating barriers to successful interagency collaboration and coordination, by conducting a review of the statewide strategic reports developed by State Advisory Councils on Early Childhood Education and Care and other relevant reports, reporting the findings of such review to Congress, and disseminating relevant research findings and best practices. 1133. Green ribbon schools The Secretary is authorized to identify and recognize exemplary schools, programs, and individuals. Such recognitions may include— (1) a Green Ribbon Schools program, such as the Green Ribbons School program carried out by the Secretary under section 5411(b)(5) as of the day before the date of enactment of the Strengthening America's Schools Act of 2013 (2) an award program recognizing excellence exhibited by classified school employees in the public school system. . 1126. Grants for State assessments and related activities Part A of title I ( 20 U.S.C. 6311 et seq. 4 Grants for State assessments and related activities 1141. Grants for State assessments and related activities (a) Grants for State assessments From amounts made available under subsection (c)(1) to carry out this subsection, the Secretary shall make grants to States— (1) to enable States to pay the costs of developing, improving, or administering State assessments and standards consistent with section 1111(a), which may include the cost of working in voluntary partnerships with other States, at the sole discretion of each such State; and (2) in the case of States that have developed the assessments and standards consistent with the requirements of section 1111(a), to enable each such State— (A) to administer such assessments; or (B) to carry out other activities described in this section, which may include— (i) developing college and career ready State academic content and student academic achievement standards and aligned assessments in academic subjects for which standards and assessments are not required under section 1111(a); (ii) developing or improving assessments of English language proficiency necessary to comply with section 1111(a)(2)(D); (iii) developing multiple measures of student academic achievement, including measures that assess higher-order thinking skills and understanding, and elicit complex student demonstrations or applications of knowledge and skills to increase the reliability and validity of State assessment systems; (iv) developing, enhancing, or administering, in publicly funded early childhood education programs and elementary schools, early learning assessments (including accommodations to provide access for young children with disabilities) to improve instruction for young children; (v) strengthening the capacity of local educational agencies and schools to provide all students with the opportunity to increase educational achievement, including carrying out professional development activities aligned with State student academic achievement standards and assessments; (vi) expanding the range, and improving the quality, of accommodations available to English learners and students with disabilities to improve the use of such accommodations, including professional development activities; (vii) improving the dissemination of information about student achievement and school performance to parents and families, including the development of information and reporting systems designed to— (I) identify best educational practices based on scientifically valid research; or (II) assist in linking records of student achievement, length of enrollment, and graduation over time; (viii) providing instructional supports, which may include formative assessments; (ix) developing computer adaptive assessments that meet the requirements of section 1111(a); (x) developing alternate assessments, as described in section 1111(a)(2)(E), aligned to alternate achievement standards; and (xi) providing professional development to local educational agency staff to transition between assessment systems, including technology for that purpose. (b) Grants for enhanced assessment systems (1) Grant program authorized From amounts made available under subsection (c)(3) to carry out this subsection, the Secretary shall award, on a competitive basis, grants to State educational agencies to enable the State educational agencies to carry out the activities described in paragraph (3). (2) Application Each State educational agency desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (3) Authorized activities Each State educational agency that receives a grant under this section shall use the grant funds to— (A) enable States, or a consortia of States, to collaborate with institutions of higher education or other organizations or agencies to improve the quality, validity, and reliability of State academic assessments beyond the requirements for such assessments described in section 1111(a)(2); (B) measure student academic achievement using multiple measures of student academic achievement from multiple sources, including measures that assess higher-order thinking skills and understanding; (C) chart student progress over time; or (D) evaluate student academic achievement through the development of comprehensive academic assessment instruments. (c) Allotment of appropriated funds (1) In general Except as provided in paragraph (2), for each fiscal year, the Secretary shall use the amount of funds made available for this section for such year or $400,000,000 of such funds, whichever is less, to— (A) reserve one-half of 1 percent for the Bureau of Indian Education; (B) reserve one-half of 1 percent for the outlying areas; and (C) from the amounts remaining after the application of subparagraphs (A) and (B), allocate to each State, for the purposes of carrying out the activities under subsection (a), an amount equal to— (i) $3,000,000; and (ii) with respect to any amounts remaining after the allocation is made under clause (i), an amount that bears the same relationship to such total remaining amounts as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (2) Special rule for fiscal year 2014 For fiscal year 2014, the Secretary shall use not less than $800,000,000 or, if a lesser amount is made available for this section for such year, such entire lesser amount, to carry out the requirements of paragraph (1). (3) Remainder Any amounts remaining for a fiscal year after the Secretary carries out paragraph (1) shall be made available to award funds to States under subsection (b) according to the quality, needs, and scope of the State application under this section. In determining the grant amount, the Secretary shall ensure that a State's grant shall include an amount that bears the same relationship to the total funds available under this paragraph for the fiscal year as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (4) Definition of State In this section, the term State . 1127. Voluntary participation A State is free from all Federal requirements under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. B Pathways to college 1201. Improving secondary schools Part B of title I (20 U.S.C. 6361 et seq.) is amended to read as follows: B Pathways to college 1 Improving secondary schools 1201. Secondary school reform (a) Purposes The purposes of this section are to ensure students graduate from secondary school college and career ready and to increase graduation rates by providing grants to eligible entities to provide schools with the necessary resources to implement innovative and effective secondary school reform strategies. (b) Definitions In this section: (1) Applied learning The term applied learning (A) engages students in opportunities to apply rigorous academic content aligned with college-level expectations to real world experience, through such means as work experience, work-based learning, problem-based learning, or service-learning; and (B) develops students’ cognitive competencies and pertinent employability skills. (2) Chronic absenteeism The term chronic absenteeism (A) 10 percent of the school days per school year; or (B) not less than 20 school days per school year. (3) Competency-based learning model The term competency-based learning model (4) Effective secondary school reform strategies The term effective secondary school reform strategies (5) Eligible entity The term eligible entity (A) 1 or more institutions of higher education; (B) 1 or more employers or industry-related organizations; and (C) 1 or more external partners or qualified intermediaries. (6) Eligible secondary school The term eligible secondary school (A) is eligible for funds under part A; (B) has a graduation rate below 75 percent; (C) does not receive grant funds under section 1116(d); and (D) is identified as low performing based on the State’s accountability system. (7) External partner The term external partner (8) Feeder middle school The term feeder middle school (9) Qualified intermediary The term qualified intermediary (10) Struggling student The term struggling student (A) is at an increased risk for low academic achievement and is unlikely to graduate high school within 4 years; or (B) has dropped out of school. (c) Grants authorized (1) In general (A) Reservation From the total amount of funds appropriated to carry out this section for a fiscal year, the Secretary shall reserve— (i) not more than 2.5 percent for national activities, which the Secretary shall use for technical assistance, data collection and dissemination, and evaluation and reporting activities; and (ii) not less than one-half of 1 percent for the Bureau of Indian Education for activities consistent with the purposes of this section. (B) Grants From the total amount of funds appropriated to carry out this section for a fiscal year and not reserved under subparagraph (A), the Secretary shall award grants, on a competitive basis, to eligible entities, based on the quality of the applications submitted, of which— (i) not more than 25 percent of grant funds shall be used for activities described in subsection (e)(1); and (ii) not less than 75 percent of grant funds shall be used for activities described in paragraphs (2) and (3) of subsection (e) and subsection (f). (2) Grant duration Grants awarded under this section shall be for a period of 5 years, conditional after 3 years on satisfactory progress on the performance indicators described in subsection (d)(2)(G), as determined by the Secretary. (3) Grant considerations In awarding grants under this section, the Secretary shall give special consideration to applications from eligible entities— (A) serving high-need areas, such as high-poverty or rural local educational agencies; or (B) that demonstrate partnerships with employers to provide students at participating schools with career-related experience or assistance in attaining career-related credentials. (4) Annual report Each eligible entity that receives a grant under this section shall submit to the Secretary an annual report including data on the entity’s progress on the performance indicators described in subsection (d)(2)(G). (d) Application (1) In general An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents Each application submitted under paragraph (1) shall include, at a minimum, a description of the following: (A) How the eligible entity will use funds awarded under this section to carry out the activities described in subsection (e)(1). (B) The role of each entity that comprises the eligible entity in meeting the purposes of this section, including the external partner’s capacity and record of success in secondary school reform. (C) How the eligible entity will sustain the activities proposed, including the availability of funds from non-Federal sources and coordination with other Federal, State, and local funds. (D) How the eligible entity conducted a comprehensive needs analysis and capacity assessment of the eligible secondary schools served by the eligible entity to identify secondary schools proposed to be served by the grant. The needs analysis and capacity assessment shall include the following: (i) An examination of each secondary school’s data in the aggregate, and disaggregated by each of the subgroups of students described in section 1111(a)(2)(B)(x), on the following: (I) Graduation rates and characteristics of those students who are not graduating, including such students’ attendance, behavior, expulsion rates, suspension rates, course performance, and credit accumulation rates. (II) Rates of dropout recovery (re-entry). (III) Rates of enrollment and remediation in institutions of higher education, in accordance with section 1111(d)(3)(B)(viii). (IV) The percentage of students who are 2 or more years over-aged or under-credited for their grade level. (ii) An examination of each eligible secondary school and feeder middle school’s data in the aggregate, and disaggregated by each of the subgroups of students described in section 1111(a)(2)(B)(x), as applicable, on the following: (I) Student academic achievement, including the percentage of students who have on-time credit accumulation at the end of each grade and the percentage of students failing a core, credit-bearing, reading or language arts, science, or mathematics course, or failing 2 or more of any courses. (II) The percentage of students who have an attendance rate lower than 90 percent. (III) Annual rates of expulsions, suspensions, school violence, harassment, and bullying, as defined under State or local laws or policies. (IV) Annual, average credit accumulation. (V) Annual, average attendance rates. (VI) Annual rates of students who move in and out of the school within a school year. (VII) Annual, average rates of enrollment in and completion of advanced coursework, including opportunities to earn postsecondary credit while in high school, such as Advanced Placement and International Baccalaureate courses and exams, dual enrollment, and early college. (VIII) Curriculum alignment with college and career ready standards across all grade levels. (IX) The nonacademic barriers that impact student achievement and the available support services to address such barriers. (X) The number and percentage of students who do not transition from grade 8 to grade 9 and who have not transferred to and enrolled in a school outside of the local educational agency within the State or out of the State. (iii) An examination, including a description, of each eligible secondary school’s capacity to implement the school reform activities described under subsection (e)(3), including— (I) the capacity and experience levels of administrative, instructional, and noninstructional staff; (II) the budget, including how Federal, State, and local funds are being spent (as of the time of the assessment) and can be better spent; and (III) the technical assistance, additional resources, and staff necessary to implement the activities identified in subsection (e)(3). (iv) An assessment of the capacity of the eligible entity to provide technical assistance and resources to implement the activities described in subsection (e). (E) The rationale for the strategies chosen to be implemented under subsection (e), including how such strategies will address the needs identified through the needs analysis. (F) How the eligible entity will incorporate students with disabilities, English learners, and struggling students into the activities under subsection (e). (G) The performance indicators and targets the eligible entity will use to assess the effectiveness of the activities implemented under this section including— (i) graduation rates; (ii) dropout recovery (re-entry) rates; (iii) percentage of students with less than a 90 percent attendance rate; (iv) percentage of students who have on-time credit accumulation at the end of each grade and the percentage of students failing a core subject course; (v) rates of expulsions, suspensions, school violence, harassment, and bullying, as defined under State or local laws or policies; (vi) annual, average attendance rates; (vii) annual rates of student mobility; (viii) annual rates of student transfers; (ix) college remediation, enrollment, persistence, and completion rates; and (x) percentage of students successfully— (I) completing Advanced Placement or International Baccalaureate courses; (II) completing rigorous postsecondary education courses while attending a secondary school; or (III) enrolling in and completing, career and technical education, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 National Apprenticeship Act 29 U.S.C. 50 et seq. (e) Required uses of funds (1) In general An eligible entity that receives a grant under this section shall use the grant funds to— (A) implement an early warning indicator system to help high schools and feeder middle schools, served by the eligible entity’s local educational agency, to identify struggling students and create a system of evidence-based interventions, by— (i) identifying and analyzing the academic and non-academic risk factors that most reliably predict dropouts by using longitudinal data of past cohorts of students; (ii) identifying specific indicators of student progress and performance, such as attendance and chronic absenteeism, academic performance in core courses, and credit accumulation, to guide decisionmaking; (iii) identifying or developing a mechanism for regularly collecting and analyzing data about the impact of interventions on the indicators of student progress and performance; (iv) analyzing academic indicators to determine whether students are making sufficient academic growth to graduate secondary school in the standard numbers of years; and (v) identifying and implementing strategies for pairing academic support with integrated student services and case-management interventions for students requiring intensive supports, which may include partnerships with other external partners; (B) provide support and credit recovery opportunities for struggling students, including those who are over-aged and under-credited, at secondary schools served by the eligible entity by offering activities, such as— (i) a flexible school schedule; (ii) competency-based learning models and performance-based assessments; and (iii) the provision of support services; (C) provide dropout recovery or re-entry programs to secondary schools that are designed to encourage and support dropouts returning to an educational system, program, or institution following an extended absence in order to graduate college and career ready; (D) provide evidence-based grade and school transition programs and supports, including through curricula alignment; and (E) provide school leaders, instructional staff, noninstructional staff, students, and families with high-quality, easily accessible and timely information about— (i) secondary school graduation requirements; (ii) postsecondary education application processes; (iii) postsecondary admissions processes and requirements, including public financial aid and other available private scholarship and grant aid opportunities; (iv) current regional labor market information on high-demand and projected-growth industry areas and occupations; and (v) other programs and services for increasing rates of college access and success for students from low-income families. (2) Required use of funds in feeder middle schools An eligible entity that receives a grant under this section shall use the grant funds in feeder middle schools to improve the academic achievement of students and prepare students to graduate college and career ready by— (A) using early warning indicator and intervention systems described in paragraph (1)(A); (B) creating a personalized learning environment; (C) implementing a transition strategy to support the successful transition of students between grades, including encouraging collaboration among elementary, middle, and secondary school grades; (D) providing high-quality professional development opportunities to school leaders, teachers, and other school staff to prepare staff to— (i) address the academic challenges of students in middle grades; (ii) understand the developmental needs of students in the middle grades and how to address those needs in an educational setting; (iii) implement data-driven interventions; and (iv) provide academic guidance to students so that students can graduate college and career ready; and (E) implementing organizational practices and school schedules that allow for collaborative staff participation, team teaching, and common instructional planning time. (3) Required use of funds in eligible secondary schools An eligible entity that receives a grant under this section shall use the grant funds in eligible secondary schools to implement a comprehensive approach that will— (A) personalize the school experience by taking steps such as— (i) creating opportunities for struggling students to receive personalized instruction, including providing a personalized sequence of instructional content and skills development, and opportunities for credit recovery; (ii) implementing competency-based learning models; and (iii) providing ongoing evaluation of student academic achievement and the necessary supports so that students graduate college and career ready; (B) increase student engagement by providing applied learning opportunities; (C) provide school leaders with autonomy through a flexible budget and staffing authority; (D) implement high-quality, evidence-based professional development for teachers and school leaders, provide increased opportunities for teachers to work collaboratively, and improve instruction; (E) improve curriculum and instruction, by— (i) redesigning academic content and instructional practices to align with high academic standards for all students, the criteria associated with admission to and success in postsecondary education, and the skills necessary to be successful in the workplace; (ii) increasing rigor by providing opportunities to earn postsecondary credit while in high school, including through Advanced Placement or International Baccalaureate courses, dual enrollment, and early college; and (iii) implementing competency-based learning models; (F) strengthen the transition between high school and postsecondary education through activities such as— (i) providing academic and career counseling in student-to-counselor ratios that allow students to make informed decisions about academic and career options; (ii) providing high-quality college and career exploration opportunities including college campus visits; (iii) coordinating secondary and postsecondary support services, and academic calendars, to allow students to visit and take courses at institutions of higher education; and (iv) providing academic and support services, including financial aid counseling for postsecondary education; and (G) implement not less than 1 of the following effective secondary school reform strategies to prepare students for college and a career, and to improve graduation rates: (i) Graduation Promise Academies, which include— (I) grade 9 academies taught by teams of teachers who work with small groups of students; (II) career academies for upper grades; (III) extended learning periods, such as block scheduling, to reduce the number of students for whom teachers are responsible and the number of courses students are taking at any one time; (IV) an after-hours credit recovery program; (V) curriculum coaches who provide high-quality professional development and support; (VI) partnerships among parents, teachers, administrators, community-based organizations, and community members focused on improving student achievement; and (VII) a college-going culture, including student supports and guidance. (ii) Career academies, which implement a college and career ready curriculum that integrates rigorous academics, career and technical education, and experiential learning for high school students in high-skill, high-demand industries, in collaboration with local and regional employers. (iii) Dual enrollment programs that provide dual enrollment opportunities with college credit-bearing courses, including accelerated certificate programs with community colleges or other recognized postsecondary credentials. (iv) Early college high schools that design curricula and sequences of courses in collaboration with teachers from the eligible secondary school and faculty from the partner institution of higher education so that students may simultaneously earn credits towards a high school diploma and either an associate's degree or not less than 12 transferable postsecondary education credits toward a postsecondary degree at no cost to students or their families. (f) Allowable uses of funds An eligible entity that receives a grant under this section may use grant funds to— (1) improve parent and family engagement in the educational attainment and achievement of struggling students and dropouts to be college and career ready by— (A) leveraging community-based services and opportunities; and (B) providing parents and families with the necessary information, including data on their child’s academic achievement and how to navigate the public school system; (2) provide extended learning opportunities, by extending the school day, week, or year to increase the total number of school hours to include additional time for instruction in academic subjects and enrichment activities that contribute to a well-rounded education; (3) increase student supports through activities such as student advisories, school counseling opportunities, and one-to-one mentoring; and (4) create smaller learning communities. (g) Matching funds (1) In general An eligible entity that receives a grant under this section shall provide matching funds, from non-Federal sources, in an amount equal to not less than 20 percent of the amount of grant funds awarded in the first 3 years of the grant, not less than 50 percent of the amount awarded in the fourth year of the grant, and not less than 75 percent of the amount awarded in the fifth year of the grant, as applicable. (2) Waiver The Secretary may waive all or part of the matching requirement described in paragraph (1) for a fiscal year for an eligible entity, on a case-by-case basis, if the Secretary determines that applying the matching requirement to such eligible entity would result in serious hardship or an inability to carry out the authorized activities described in subsection (e). (h) Supplement not supplant An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant such funds. 2 Accelerated learning 1221. Purposes The purposes of this subpart are— (1) to raise student academic achievement by— (A) increasing the number of teachers serving high-need schools who are qualified to teach Advanced Placement or International Baccalaureate courses; and (B) increasing the number of students attending high-need schools who— (i) enroll and succeed in Advanced Placement or International Baccalaureate courses; and (ii) take Advanced Placement or International Baccalaureate examinations; (2) to increase, and to support statewide and, as applicable, districtwide, efforts to increase the availability of, and enrollment in, Advanced Placement or International Baccalaureate courses, and pre-Advanced Placement or pre-International Baccalaureate courses, in high-need schools; and (3) to provide high-quality professional development for teachers of Advanced Placement or International Baccalaureate courses, and pre-Advanced Placement or pre-International Baccalaureate courses, in high-need schools. 1222. Funding distribution rule From amounts appropriated to carry out this subpart for a fiscal year, the Secretary shall give priority to funding activities under section 1223 and shall distribute any remaining funds under section 1224. 1223. Advanced Placement and International Baccalaureate examination fee program (a) Grants authorized From amounts made available to carry out this subpart for a fiscal year, the Secretary shall award grants to State educational agencies having applications approved under this section to enable the State educational agencies to pay, on behalf of low-income students, part or all of the costs of Advanced Placement or International Baccalaureate examination fees, if the low-income students— (1) are enrolled in an Advanced Placement or International Baccalaureate course; and (2) plan to take an Advanced Placement or International Baccalaureate examination. (b) Award basis In determining the amount of the grant awarded to a State educational agency under this section for a fiscal year, the Secretary shall consider the number of children eligible to be counted under section 1124(c) in the State in relation to the number of such children so counted in all States. (c) Information dissemination A State educational agency that is awarded a grant under this section shall make publicly available information regarding the availability of Advanced Placement or International Baccalaureate examination fee payments under this section, and shall disseminate such information to eligible secondary school students and parents, including through secondary school teachers and counselors. (d) Applications Each State educational agency desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. At a minimum, each State educational agency application shall— (1) describe the Advanced Placement or International Baccalaureate examination fees the State educational agency will pay on behalf of low-income students in the State from grant funds awarded under this section; (2) provide an assurance that any grant funds awarded under this section shall be used only to pay for Advanced Placement or International Baccalaureate examination fees; and (3) contain such information as the Secretary may require to demonstrate that the State educational agency will ensure that a student is eligible for payments authorized under this section, including ensuring that the student is a low-income student. (e) Regulations The Secretary shall prescribe such regulations as are necessary to carry out this section. (f) Report (1) In general Each State educational agency awarded a grant under this section shall, with respect to each Advanced Placement or International Baccalaureate course subject, annually report to the Secretary the following data for the preceding year: (A) The number of students in the State who are taking an Advanced Placement or International Baccalaureate course in such subject. (B) The number of Advanced Placement or International Baccalaureate examinations taken by students in the State who have taken an Advanced Placement or International Baccalaureate course in such subject. (C) The number of students in the State scoring at each level on Advanced Placement or International Baccalaureate examinations in such subject, disaggregated by each of the subgroups of students described in section 1111(a)(2)(B)(x). (D) Demographic information regarding students in the State taking Advanced Placement or International Baccalaureate courses and Advanced Placement or International Baccalaureate examinations in that subject, disaggregated by race, ethnicity, sex, English proficiency status, and socioeconomic status. (2) Report to congress The Secretary shall annually compile the information received from each State educational agency under paragraph (1) and report to the authorizing committees regarding the information. (g) Bureau of Indian Affairs as State educational agency For purposes of this section, the Bureau of Indian Affairs shall be treated as a State educational agency. 1224. Advanced Placement and International Baccalaureate incentive program grants (a) Grants authorized (1) In general From amounts made available to carry out this subpart for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to carry out the authorized activities described in subsection (e). (2) Duration, Renewal, and payments (A) Duration The Secretary shall award a grant under this section for a period of not more than 3 years. (B) Renewal The Secretary may renew a grant awarded under this section for an additional period of not more than 2 years, if an eligible entity— (i) is achieving the objectives of the grant; and (ii) has shown improvement against baseline data on the performance measures described in subparagraphs (A) through (E) of subsection (g)(1). (C) Payments The Secretary shall make grant payments under this section on an annual basis. (b) Definition of eligible entity In this section, the term eligible entity (1) a State educational agency; (2) a high-need local educational agency; or (3) a partnership consisting of— (A) a national, regional, or statewide public or nonprofit organization with expertise and experience in providing Advanced Placement or International Baccalaureate course services; and (B) a State educational agency or a high-need local educational agency. (c) Application (1) In general Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Contents The application shall, at a minimum, include a description of— (A) the goals and objectives for the project supported by the grant under this section, including— (i) increasing the number of teachers serving high-need schools who are qualified to teach Advanced Placement or International Baccalaureate courses; (ii) increasing the number of Advanced Placement or International Baccalaureate courses that are offered at high-need schools; and (iii) increasing the number of students attending a high-need school, particularly low-income students, who succeed in— (I) Advanced Placement or International Baccalaureate courses; and (II) if offered by the school, pre-Advanced Placement or pre-International Baccalaureate courses; (B) how the eligible entity will ensure that students have access to courses, including pre-Advanced Placement or pre-International Baccalaureate courses, that will prepare students to enroll and succeed in Advanced Placement or International Baccalaureate courses; (C) how the eligible entity will provide professional development for teachers that will further the goals and objectives of the grant project; (D) how the eligible entity will ensure that teachers serving high-need schools are qualified to teach Advanced Placement or International Baccalaureate courses; (E) how the eligible entity will provide for the involvement of business and community organizations and other entities, including institutions of higher education, in carrying out the activities described in subsection (e); (F) how the eligible entity will use funds received under this section; and (G) how the eligible entity will evaluate the outcome of the grant project. (d) Priority In awarding grants under this section, the Secretary shall give priority to applications from eligible entities that— (1) are part of a statewide or districtwide strategy, as applicable, for increasing the availability of Advanced Placement or International Baccalaureate courses, and pre-Advanced Placement or pre-International Baccalaureate courses, in high-need schools; (2) demonstrate a focus on increasing the availability of Advanced Placement or International Baccalaureate courses in core academic subjects; and (3) propose to carry out activities that target high-need schools. (e) Authorized activities (1) In general Each eligible entity that receives a grant under this section shall use the grant funds to carry out activities designed to increase— (A) the number of teachers serving high-need schools who are qualified to teach Advanced Placement or International Baccalaureate courses; and (B) the number of students attending high-need schools who succeed in the examinations for such courses, including through reimbursing low-income students attending high-need schools for part or all of the cost of Advanced Placement or International Baccalaureate examination fees. (2) Allowable activities In addition to the activities described in paragraph (1), an eligible entity that receives a grant under this section may use grant funds for— (A) high-quality teacher professional development, in order to expand the pool of teachers in the participating State, high-need local educational agency, or high-need school who are qualified to teach Advanced Placement or International Baccalaureate courses, including through innovative models, such as online academies and training institutes; (B) pre-Advanced Placement or pre-International Baccalaureate teacher and counselor high-quality professional development in secondary school to prepare students for success in Advanced Placement or International Baccalaureate courses and in institutions of higher education; (C) coordination and articulation between grade levels to prepare students to succeed in Advanced Placement or International Baccalaureate courses; (D) purchase of instructional materials for Advanced Placement or International Baccalaureate courses; (E) activities to increase the availability of, and participation in, online Advanced Placement or International Baccalaureate courses; (F) carrying out the requirements of subsection (g); and (G) in the case of an eligible entity described in subsection (b)(1), awarding subgrants to high-need local educational agencies to enable the high-need local educational agencies to carry out authorized activities described in subparagraphs (A) through (F). (f) Contracts An eligible entity that is awarded a grant to provide online Advanced Placement or International Baccalaureate courses under this subpart may enter into a contract with an organization to provide the online Advanced Placement or International Baccalaureate courses, including contracting for necessary support services. (g) Collecting and reporting requirements (1) Report Each eligible entity receiving a grant under this section shall collect and report to the Secretary annually such data regarding the results of the grant as the Secretary may reasonably require, including— (A) the number of students served by the eligible entity enrolling in Advanced Placement or International Baccalaureate courses, and pre-Advanced Placement or pre-International Baccalaureate courses, disaggregated by grade level of the student, and the grades received by such students in the courses; (B) the number of students taking an Advanced Placement or International Baccalaureate examination and the distribution of scores on those examinations, disaggregated by the grade level of the student at the time of examination; (C) the number of teachers who are currently, as of the date of the report, receiving training to teach Advanced Placement or International Baccalaureate courses and will teach such courses in the next school year; (D) the number of teachers becoming qualified to teach Advanced Placement or International Baccalaureate courses; and (E) the number of qualified teachers who are teaching Advanced Placement or International Baccalaureate courses in high-need schools served by the eligible entity. (2) Reporting of data Each eligible entity receiving a grant under this section shall report the data required under paragraph (1)— (A) disaggregated by subject area; (B) in the case of student data, disaggregated in the same manner as information is disaggregated under section 1111(a)(2)(B)(x); and (C) in a manner that allows for an assessment of the effectiveness of the grant program. (h) Evaluation From the amount appropriated for this subpart and reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate the implementation and impact of the activities supported under this section, consistent with section 9601, including progress as measured by the performance measures established under subparagraphs (A) through (E) of subsection (g)(1). (i) Matching requirement (1) In general Subject to paragraph (3), each eligible entity that receives a grant under this section shall provide toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 100 percent of the amount of the grant, except that an eligible entity that is a high-need local educational agency shall provide an amount equal to not more than 50 percent of the amount of the grant. (2) Matching Funds The eligible entity may provide the matching funds described in paragraph (1) in cash or in-kind, fairly evaluated, but may not provide more than 50 percent of the matching funds in-kind. The eligible entity may provide the matching funds from State, local, or private sources. (3) Waiver The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible entity described in paragraph (1) or (2) of subsection (b), if the Secretary determines that applying the matching requirement to such eligible entity would result in serious hardship or an inability to carry out the authorized activities described in subsection (e). 1225. Supplement, not supplant Grant funds provided under this subpart shall supplement, and not supplant, other non-Federal funds that are available to assist low-income students to pay for the cost of Advanced Placement or International Baccalaureate examination fees or to expand access to Advanced Placement or International Baccalaureate courses, and pre-Advanced Placement or pre-International Baccalaureate courses. 1226. Definitions In this subpart: (1) High-need school The term high-need school (A) with a demonstrated need for Advanced Placement or International Baccalaureate courses; and (B) that— (i) has a high concentration of low-income students; or (ii) is designated with a school locale code of 33, 41, 42, or 43, as determined by the Secretary. (2) Low-income student The term low-income student . C Education of migratory children 1301. Program purpose Section 1301 ( 20 U.S.C. 6391 1301. Program purpose It is the purpose of this part to assist States in providing high-quality and comprehensive educational programs (including, as appropriate, instructional and educationally related support services), during the regular school year and summer or intersession periods, that address the unique educational needs of migratory children arising from their migratory lifestyle, in order to help such children— (1) succeed in school; (2) meet the same State college and career ready academic content and student academic achievement standards under section 1111(a)(1) that all children are expected to meet; (3) graduate high school ready for postsecondary education and careers; and (4) overcome educational disruption, cultural and language barriers, social isolation, various health-related problems, and other factors that inhibit the ability of such children to succeed in school. . 1302. Program authorized Section 1302 ( 20 U.S.C. 6392 (1) by striking In order to carry out the purpose of this part From the amounts made available under section 3(d) for a fiscal year to carry out this part (2) by striking combinations consortia (3) by striking to establish to enable such agencies or consortia to establish 1303. State allocations Section 1303 ( 20 U.S.C. 6393 (1) by striking subsection (a) and inserting the following: (a) State allocations Except as provided in subsection (b), the amount awarded to each State (other than the Commonwealth of Puerto Rico) under this part for each fiscal year shall be an amount equal to the product of— (1) the sum of— (A) the average number of identified eligible migratory children aged 3 through 21, residing in the State, based on data for the preceding 3 years; and (B) the number of identified eligible migratory children, aged 3 through 21, who received services under this part in summer or intersession programs provided by the State during the previous year; multiplied by (2) 40 percent of the average per-pupil expenditure in the State, except that the amount calculated under this paragraph shall not be less than 32 percent, or more than 48 percent, of the average per-pupil expenditure in the United States. ; (2) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; (3) by inserting after subsection (a) the following: (b) Hold harmless Notwithstanding subsection (a), for each of fiscal years 2011 through 2013, no State receiving an allocation under this section shall receive less than 90 percent of the State's allocation under this section for the previous year. ; (4) in subsection (c), as redesignated by paragraph (2)— (A) by striking paragraphs (2) and (3); (B) by striking Puerto Rico For each Puerto Rico (C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and by aligning such paragraphs with the margins of paragraph (1) of subsection (e), as redesignated by paragraph (2); (D) in the matter preceding paragraph (1), as redesignated by subparagraph (C)— (i) by striking which that (ii) by striking subsection (a)(1)(A) subsection (g) (E) in paragraph (1), as redesignated by subparagraph (C)— (i) by striking which that (ii) by inserting , except that the percentage calculated under this paragraph shall not be less than 85 percent (5) in subsection (d), as redesignated by paragraph (2)— (A) in paragraph (1)— (i) by striking In general this part In general (A) Ratable reductions If the amount available for allocations to States under this part ; and (ii) in subparagraph (B), by striking (B) If additional (B) Reallocation ; (B) in paragraph (2)— (i) by striking Special rule Special rule (A) Further reductions The ; (ii) in subparagraph (A), by striking required under section 1304 needed to carry out the approved activities in the application under section 1304 (iii) in subparagraph (B), by striking (B) The Secretary shall (B) Reallocation ; and (iv) by adding at the end the following: (C) Additional requirements The Secretary— (i) shall— (I) develop and implement a procedure for monitoring the accuracy of the information described in subparagraph (A); and (II) issue, through regulations or guidance, criteria for a system of State quality control for the accuracy of State counts of eligible migratory children; and (ii) may not reduce the amount of a State allocation under this paragraph on the basis of unintentional errors in such counts for States implementing a system of State quality control that meets the criteria described in clause (i)(II), if the discrepancy between the initial State count and any subsequent revisions is minimal. ; (6) in subsection (f), as redesignated by paragraph (2)— (A) in the matter preceding paragraph (1), by inserting best serve migratory children under this part and In order to (B) in paragraph (1), by striking such information as the Secretary finds the most recent information that (C) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; (D) by inserting after paragraph (1) the following: (2) develop and implement a procedure for monitoring the accuracy of such information, if such a procedure does not create barriers to the families of migratory children who are eligible for services under this part; ; (E) in paragraph (3), as redesignated by subparagraph (C), by striking develop and implement a procedure for more accurately reflecting update such procedure, and implement the updated procedure, to more accurately reflect the (F) in paragraph (4)(A), as redesignated by subparagraph (C), by inserting of high-quality, sustained, and intensive education services special programs (G) in paragraph (5), as redesignated by subparagraph (C), by striking the child whose education has been interrupted migratory children (7) by adding at the end the following: (g) Nonparticipating States In the case of a State desiring to receive an allocation under this part for a fiscal year that did not receive an allocation for the previous fiscal year or that has been participating for less than 3 consecutive years, the Secretary shall calculate the State’s number of identified migratory children aged 3 through 21 for purposes of subsection (a)(1)(A) by using the most recent data available that identifies the migratory children residing in the State until data is available to calculate the 3-year average number of such children in accordance with such subsection. . 1304. State applications; services Section 1304 ( 20 U.S.C. 6394 (1) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking special unique (II) by inserting and out of school migratory children preschool migratory children (ii) in subparagraph (B)— (I) by striking migrant migratory (II) by striking part A or B of title III part A of title III (B) in paragraph (2)— (i) by striking migratory students migratory children (ii) by striking same challenging standards that same State college and career ready academic content and student academic achievement standards adopted under section 1111(a)(1) that (C) by striking paragraph (6); (D) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; (E) by inserting after paragraph (2) the following: (3) a description of how the State will meet the requirements of section 1308(b) for the timely electronic transfer of student records and how the State will use such records transfer to meet the unique educational needs of migratory students and remove barriers to the proper enrollment and retention of migratory children in schools; ; (F) in paragraph (4), as redesignated by subparagraph (D)— (i) by striking require, the State require and using the linkage system described in section 1308(b), the State and each of its local operating agencies (ii) by striking another another or from one school district to another (iii) by striking such move such a move (G) in paragraph (7)— (i) by striking family literacy services family literacy activities (ii) by striking program or project serves programs and projects serve (iii) by striking who have parents who whose parents (iv) by striking the period at the end and inserting ; and (H) by adding at the end the following: (8) such budgetary and other information as the Secretary may require. ; (2) in subsection (c)— (A) in paragraph (2), by striking part I part F (B) by striking paragraph (3) and inserting the following: (3) in the planning and operation of programs and projects at both the State and local agency operating levels, there is consultation with parent advisory councils for programs of not less than 1 school year in duration, and that all such programs and projects are— (A) conducted in a manner that provides for the same parental involvement as is required for programs and projects under section 1118, including, to the extent practicable, descriptions required for parental involvement under section 1118(a)(3)(A), unless extraordinary circumstances make such provision impractical; and (B) developed in a format and language understandable to the parents; ; (C) in paragraph (4), by inserting and migratory children who are not attending school (D) in paragraph (6), by striking subparagraph (C) and inserting the following: (C) family literacy programs that are determined to be high quality; ; and (E) by striking paragraph (7) and inserting the following: (7) the State has procedures in place to verify the accuracy and completeness of any data regarding the counting of migratory children that is submitted to the Secretary under this part. ; and (3) in subsection (d)— (A) by striking who are failing who have made a move within the previous 1-year period and who— (1) are failing, or most at risk of failing, to meet the State college and career ready academic content standards and student academic achievement standards adopted under section 1111(a)(1); or (2) have dropped out of school. ; and (B) in subsection (e)— (i) in paragraph (2), by striking 1 one (ii) in paragraph (3), by striking secondary school students students 1305. Secretarial approval; peer review Section 1305(b) (20 U.S.C. 6395(b)) is amended by striking may shall, to the extent practicable, 1306. Comprehensive needs assessment and service-delivery plan; authorized activities Section 1306 ( 20 U.S.C. 6396 (1) in subsection (a)(1)— (A) in the matter preceding subparagraph (A)— (i) by striking special unique (ii) by inserting , consistent with the purposes of this part, migratory children (B) by striking subparagraph (B); (C) by redesignating subparagraphs (C) through (G) as subparagraphs (E) through (I), respectively; (D) by inserting after subparagraph (A) the following: (B) addresses the unique educational needs of migratory children; (C) is developed in collaboration with parents of migratory children; (D) is not used to supplant State efforts regarding, or administrative funding for, this part; ; (E) in subparagraph (E), as redesignated by subparagraph (C), by striking same challenging standards that same State college and career ready academic content and student academic achievement standards adopted under section 1111(a)(1) that (F) in subparagraph (H), as redesignated by subparagraph (C)— (i) by striking early childhood programs, early childhood education programs, (ii) by striking part A or B of title III part A of title III (2) in subsection (b)— (A) in paragraph (1), by striking local educational local operating (B) by striking paragraph (2) and inserting the following: (2) Unmet needs Funds provided under this part shall be used to meet the needs of migratory children that are not met by services available from other Federal or non-Federal programs, except that migratory children who are eligible to receive services under part A may receive those services through funds provided under that part or through funds under this part that remain after the agency meets the needs described in paragraph (1). ; and (C) in paragraph (4), by striking special educational unique educational 1307. Bypass Section 1307 ( 20 U.S.C. 6397 make arrangements with award grants to, or enter into contracts with, 1308. National activities Section 1308 ( 20 U.S.C. 6398 (1) by striking the section heading and inserting National activities. (2) in subsection (a)— (A) in paragraph (1)— (i) by striking nonprofit entities to improve entities to— (A) improve ; (ii) by inserting through the establishment (iii) by striking the period at the end and inserting ; and (iv) by adding at the end the following: (B) improve the coordination between State educational agencies, local operating agencies, and their counterparts in other nations in educating migratory children who move between the United States and such nations. ; and (B) in paragraph (2), by inserting or contracts Grants (3) in subsection (b)— (A) by striking paragraph (1) and inserting the following: (1) Assistance In order to determine the number of migratory children in each State, the Secretary shall assist each State in maintaining an effective system for the electronic transfer of student records. ; (B) in paragraph (2)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by striking The Secretary, in consultation may include— The Secretary, in consultation with the States, shall continue to ensure the linkage of migratory child record systems for the purpose of electronically exchanging, within and among the States, health and educational information regarding all migratory children eligible under this part. The Secretary shall ensure such linkage occurs in a cost-effective manner, utilizing systems used by the State prior to, or developed after, the date of enactment of the Strengthening America’s Schools Act of 2013 (II) in clause (ii), by striking section 1111(b) section 1111(a)(2) (ii) by striking subparagraph (B) and inserting the following: (B) Consultation The Secretary shall maintain ongoing consultation with the States, local educational agencies, and other migratory student service providers on— (i) the effectiveness of the system of electronic records transfer described in subparagraph (A); and (ii) the ongoing improvement of such system. ; and (C) in paragraph (4)— (i) in subparagraph (A)— (I) by striking 2003, 2014, and every 2 years thereafter, (II) by striking the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives the authorizing committees (ii) in subparagraph (B)— (I) in clause (ii), by striking the development and linkage of maintaining (II) in clause (iii), by striking measures that may be taken to ensure improving (4) by redesignating subsection (c) as subsection (f), and transferring such subsection so as to follow subsection (e); (5) by inserting after subsection (b) the following: (c) Technical assistance The Secretary may provide technical assistance designed to support State efforts to meet the needs of migratory children, which may include supporting the attendance of State and local operating agency staff, and other appropriate individuals, at special meetings convened by the Secretary in order to carry out activities consistent with this section. ; (6) in subsection (d)— (A) by striking , pursuant to criteria that the Secretary shall establish, (B) by striking whose education is interrupted described in section 1304(d) (7) by striking subsection (e) and inserting the following: (e) Improvements and coordination From any funds made available under this section and remaining after carrying out the requirements under subsections (b) and (d), the Secretary, in consultation with the States, may make grants to, or enter into contracts with, State educational agencies, local educational agencies, institutions of higher education, and other public and private nonprofit entities to improve the interstate and intrastate coordination among such agencies’ and entities’ programs available to migratory students consistent with this section, including the establishment or improvement of programs for academic credit accrual and exchange. . 1309. Performance data; evaluations and study; State assistance Part C of title I ( 20 U.S.C. 6391 et seq. (1) by redesignating section 1309 as section 1312; and (2) by inserting after section 1308 the following: 1309. Performance data Consistent with section 1111(d)(3)(B), and in a manner prescribed by the Secretary, each State that receives a grant under this part shall annually submit to the Secretary, and make public, data on— (1) the academic achievement of migratory students, as measured by the State assessments required under section 1111(a)(2); (2) such students' high school graduation rates and rates of enrollment and persistence in, and completion of a program of study at, institutions of higher education; and (3) the results of such other performance measures and targets as the Secretary may prescribe. 1310. Evaluation and study (a) Program evaluation From the amount reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate the implementation and impact of the activities supported under this part, consistent with section 9601. (b) Study The Secretary shall conduct a pilot study, funded as part of the 2014 National Assessment of Educational Progress, on the feasibility of using the National Assessment of Educational Progress for assessing and reporting on the academic achievement of migratory children in grades 4 and 8 in reading and mathematics. 1311. State assistance in determining number of migratory children Each State that desires to receive assistance under this part shall assist the Secretary in determining the number of migratory children in such State under paragraphs (1) and (2) of subsection (a), and subsection (g), of section 1303 through such procedures as the Secretary may require, except that the Secretary shall not require additional information that is not directly related to determining the migratory status of the child or the administration of this part. . 1310. Definitions Section 1312 ( 20 U.S.C. 6399 (1) by redesignating paragraphs (1) and (2) as paragraphs (3) and (5), respectively; (2) by inserting before paragraph (3), as redesignated by paragraph (1), the following: (1) Food processor The term food processor (2) Initial commercial sale The term initial commercial sale (A) for refining to the next-stage processor; (B) to the wholesaler; (C) to the retailer; or (D) directly to the consumer. ; (3) by inserting after paragraph (3), as redesignated by paragraph (1), the following: (4) Migratory agricultural worker The term migratory agricultural worker (A) made a qualifying move in the preceding 36-month period; and (B) after making such move, sought or engaged in employment in agricultural work, which may be dairy work or the initial processing of raw agricultural products. ; and (4) by striking paragraph (5), as redesignated by paragraph (1), and inserting the following: (5) Migratory child The term migratory child (A) is, or whose parent or spouse is, a migratory agricultural worker or migratory fisher who is currently engaged in, or seeking to obtain, temporary or seasonal employment, usually for not longer than 15 months, in agricultural or fishing work until the point of the initial commercial sale (including employment as a migratory dairy worker, a food processor, or a migratory fisher); and (B) in the preceding 36 months— (i) has moved from 1 school district to another; (ii) in a State that is comprised of a single school district, has moved from 1 administrative area to another within such district; or (iii) resides in a school district of more than 15,000 square miles, and migrates a distance of 20 miles or more to a temporary residence to engage in, or to accompany a parent or spouse engaging in, a fishing activity. (6) Migratory fisher The term migratory fisher (7) Qualifying move The term qualifying move (A) means— (i) a move from 1 school district to another, or from 1 administrative area to another within a State that is comprised of a single school district; and (ii) in the case of a migratory fisher who resides in a school district of more than 15,000 square miles, includes migrating a distance of 20 miles or more to a temporary residence; and (B) with respect to a qualifying move for a parent or spouse of a migratory child, means a move described in subparagraph (A) that is separated by not more than 1 year from the move or migration described in paragraph (5)(B) of the migratory child. . D Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk 1401. Purpose and program authorization Section 1401 (20 U.S.C. 6421) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking challenging State academic content standards and challenging State student academic achievement standards college and career ready academic content standards and student academic achievement standards under section 1111(a)(1) (B) in paragraph (3), by striking to prevent at-risk youth from dropping out of school, and (2) in subsection (b), by striking 1002(d) 3(e) 1402. Allocation of funds (a) Payments for programs under this part Section 1402 ( 20 U.S.C. 6422 (c) Reservation for the Secretary of the interior From the amount appropriated for this part in any fiscal year, the Secretary shall reserve 0.5 percent to provide assistance to the Secretary of the Interior to provide educational services for at-risk Indian children, including Indian youth in correctional facilities operated by the Secretary of the Interior or by an Indian tribe. . (b) Allocation of funds Section 1412(b) (20 U.S.C. 6432(b)) is amended by striking paragraph (2) and inserting the following: (2) Minimum percentage The percentage in paragraph (1)(A) shall not be less than 85 percent. . 1403. State plan and State agency applications Section 1414 (20 U.S.C. 6434) is amended— (1) in subsection (a)— (A) in paragraph (1)(B)— (i) by striking from between (ii) by striking to and (B) in paragraph (2)— (i) in subparagraph (A), by striking academic, vocational, and technical skills college and career readiness (as determined based on the State college and career ready academic content and student academic achievement standards under section 1111(a)(1)) (ii) in subparagraph (B), by striking and (C) in subparagraph (C)(iv), by striking the period at the end and inserting ; and (D) by adding at the end the following: (D) provide assurances that the State educational agency has established— (i) procedures to ensure that each student who has been placed in the juvenile justice system is promptly re-enrolled in secondary school or placed in a re-entry program that best meets the educational and social needs of the student; (ii) procedures for facilitating the transfer of credits that such students earned during placement; and (iii) opportunities for such students to participate in higher education or career pathways. ; and (2) in subsection (c)— (A) in paragraph (1)— (i) by inserting and respond to assess (ii) by inserting , including an assessment upon entry into a correctional facility (B) in paragraph (8), by striking vocational career (C) in paragraph (9)— (i) by striking encourage require, to the extent practicable, (ii) by inserting and after prior to (iii) by inserting and that transition plans are in place (D) in paragraph (11)— (i) by inserting such transition of (ii) by striking from between (iii) by striking institution to locally operated institution and locally operated education (E) in paragraph (16)— (i) by inserting and obtain a secondary school diploma reenter school (ii) by inserting that leads to economic self-sufficiency employment (F) in paragraph (17), by inserting certified or licensed teachers 1404. Use of funds Section 1415(a) ( 20 U.S.C. 6435(a) (1) in paragraph (1)(B), by striking vocational career (2) in paragraph (2)— (A) in subparagraph (B)— (i) in clause (i), by striking challenging academic content standards and student academic achievement standards college and career ready academic content standards and student academic achievement standards under section 1111(a)(1) (ii) in clause (iii), by striking challenging such (B) in subparagraph (C)— (i) by striking part I part F (ii) by striking and (C) in subparagraph (D), by striking the period at the end and inserting ; and (D) by adding at the end the following: (E) may include the costs of testing for such children and youth for a recognized equivalent of a secondary school diploma. . 1405. Institution-wide projects Section 1416 ( 20 U.S.C. 6436 (1) in paragraph (3), by striking challenging State academic content standards and student academic achievement standards college and career ready academic content standards and student academic achievement standards under section 1111(a)(1) (2) in paragraph (4)— (A) by striking pupil services specialized instructional support services (B) by inserting and the development and implementation of transition plans (3) in paragraph (6), by inserting and improve assess 1406. Transition services Section 1418(a) ( 20 U.S.C. 6438(a) (1) 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 or Indian tribes, and schools served by local educational agencies or schools funded by the Bureau of Indian Education; or ; and (2) in paragraph (2), by striking vocational career 1407. Program evaluation Section 1419 is amended to read as follows: 1419. Program evaluation From the amount reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute for Education Sciences, shall, in consultation with the relevant program office of the Department, evaluate the implementation and impact of the activities supported under this part, consistent with section 9601. . 1408. Purpose of local agency programs Section 1421 (20 U.S.C. 6451) is amended— (1) in the matter preceding paragraph (1), by inserting , including correctional facilities in the State operated by the Secretary of the Interior and Indian tribes facilities (2) in paragraph (1), by striking , training, employment, or further education and college and career readiness (as determined based on the State college and career ready academic content and student academic achievement standards under section 1111(a)(1)) (3) in paragraph (3), by inserting , including schools funded by the Bureau of Indian Education, schools 1409. Programs operated by local educational agencies Section 1422 (20 U.S.C. 6452) is amended— (1) in subsection (a), by inserting , and including facilities in the State operated by the Secretary of the Interior and Indian tribes day programs) (2) in subsection (d)— (A) by striking meet the transitional meet the transitional needs (including the social and emotional needs) (B) by striking meeting the transitional meeting such transitional (C) by inserting , schools funded by the Bureau of Indian Education, returning to local educational agencies 1410. Local educational agency applications Section 1423 (20 U.S.C. 6453) is amended— (1) in paragraph (2)— (A) in subparagraph (A), by inserting or, as appropriate, an Indian tribe in the State agency (B) in subparagraph (B), by inserting , including such facilities operated by the Secretary of the Interior and Indian tribes system (2) by redesignating paragraphs (4) through (13) as paragraphs (5) through (14), respectively; (3) by inserting after paragraph (3) the following: (4) a description of the process of consultation and coordination with Indian tribes in the State regarding services provided under the program to children and youth who are Indian; ; (4) in paragraph (7), as redesignated by paragraph (2), by striking , at-risk children or youth, and other participating children or youth, and at-risk children or youth, (5) in paragraph (9), as redesignated by paragraph (2), by inserting and family members parents (6) in paragraph (10), as redesignated by paragraph (2), by striking vocational career (7) in paragraph (13), as redesignated by paragraph (2), by striking and (8) in paragraph (14), as redesignated by paragraph (2), by striking the period at the end and inserting ; and (9) by inserting after paragraph (14), as redesignated by paragraph (2), the following: (15) a description of the demographics of the children and youth served and an assurance that the activities under this subpart meet the cultural, language, and academic needs of such children and youth. . 1411. Uses of funds Section 1424 ( 20 U.S.C. 6454 (1) in paragraph (2), by striking , including gang members (2) in paragraph (4)— (A) by striking vocational and technical education career and technical education, costs associated with testing for a recognized equivalent of a secondary school diploma (B) by striking and (3) in paragraph (5), by striking the period at the end and inserting ; and (4) by adding at the end the following: (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. . 1412. Program requirements for correctional facilities receiving funds under this section Section 1425 ( 20 U.S.C. 6455 (1) in paragraph (9), by striking vocational career (2) in paragraph (10), by striking and (3) in paragraph (11), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: (12) 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. . 1413. Accountability Section 1426 ( 20 U.S.C. 6456 1426. Accountability The State educational agency— (1) shall require correctional facilities or institutions for delinquent children and youth to annually report on the number of children and youth released from the correctional facility or institution who returned or did not return to school, the number of children and youth obtaining a secondary school diploma or its recognized equivalent, and the number of children and youth obtaining employment; and (2) may require correctional facilities or institutions for delinquent children and youth to demonstrate, after receiving assistance under this subpart for 3 years, that there has been an increase in the number of children and youth returning to school, obtaining a secondary school diploma or its recognized equivalent, or obtaining employment after such children and youth are released. . 1414. Program evaluations Section 1431 ( 20 U.S.C. 6471 (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking State agency or local educational agency State agency, local educational agency, or Indian tribe (B) in paragraph (1), by inserting , including the ability to become college and career ready, as determined under the State academic content and student academic achievement standards under section 1111(a)(1), and to graduate high school in the standard number of years (C) in paragraph (3), by inserting or school funded by the Bureau of Indian Education local educational agency (2) in subsection (c), by striking a State agency or local educational agency a State agency, local educational agency, or Indian tribe (3) by striking subsection (d) and inserting the following: (d) Evaluation results (1) In General Each State agency, local educational agency, and Indian tribe shall— (A) submit evaluation results to the State educational agency and the Secretary; and (B) use the results of evaluations under this section to plan and improve subsequent programs for participating children and youth. (2) Results to the Secretary of the Interior Each Indian tribe shall also submit evaluation results to the Secretary of the Interior. . 1415. Definitions Section 1432(2) ( 20 U.S.C. 6472(2) (2) At-risk The term ‘at-risk’, when used with respect to a child, youth, or student, means a school-aged individual who— (A) is at risk of academic failure; and (B) has a drug or alcohol problem, is pregnant or is a parent, has come into contact with the juvenile justice system or has been determined to be neglected in the past, is a gang member, or has dropped out of school in the past. . E Educational stability of children in foster care 1501. Educational stability of children in foster care (a) In general Part E of title I ( 20 U.S.C. 6491 et seq. E Educational stability of children in foster care 1501. Educational stability of children in foster care (a) Obligations To collaborate with child welfare agencies (1) In general Each State educational agency receiving assistance under part A shall collaborate 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. (A) Attendance at a school of origin (i) In general The child enrolls or remains in the child’s school of origin, unless a determination is made that it is in the child’s best interest to attend a different school. (ii) Limitation A child who leaves foster care shall only be entitled to remain in the child's school of origin for the remainder of the school year. (B) Immediate enrollment When a determination is made regarding the school that it is in the best interest of a child in foster care to attend, the child shall be immediately enrolled in such school, even if the child is unable to produce records normally required for enrollment, such as previous academic records, immunization and medical records, a birth certificate, guardianship records, proof of residency, or other documentation. (C) Records transfer Any records ordinarily kept by a school, including records of immunizations, health screenings, and other required health records, academic records, birth certificates, evaluations for special services or programs, and any individualized education programs (as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)), regarding a child in foster care shall be— (i) maintained so that the records involved are available, in a timely fashion, when a child in foster care enters a new school; and (ii) immediately transferred to the enrolling school, even if the child owes fees or fines or was not withdrawn from previous schools in conformance with local withdrawal procedures. (2) Implementation Each State educational agency receiving assistance under part A shall ensure that the plan described in paragraph (1) is implemented by the local educational agencies in the State. (b) Credit transfer and diplomas Each State that receives assistance under part A shall have policies for ensuring that— (1) a child in foster care who is changing schools can transfer school credits and receive partial credits for coursework satisfactorily completed while attending a prior school or educational program; (2) a child in foster care is afforded opportunities to recover school credits lost due to placement instability while in foster care; and (3) a child in foster care who has changed secondary schools can receive a secondary school diploma either from one of the schools in which the child was enrolled or through a State-issued secondary school diploma system, consistent with State graduation requirements. (c) Transportation Not later than 1 year after the date of enactment of the Strengthening America’s Schools Act of 2013 42 U.S.C. 675(1)(G) (1) How foster care maintenance payments will be used to help fund the transportation of children in foster care to their schools of origin. (2) How children who leave foster care will receive transportation to maintain their enrollment in their schools of origin for the remainder of the academic year, if remaining in their schools of origin is in their best interests. (d) Points of contact (1) Local educational agencies A State that receives assistance under part A shall ensure that each local educational agency in the State designates an individual employed by the agency to serve as a point of contact for the child welfare agencies responsible for children in foster care enrolled in the local educational agency and to oversee the implementation of the local educational agency requirements under this section. A local educational agency's point of contact shall not be the individual designated as its local educational agency liaison under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act, unless such individual has the capacity, resources, and time to perform both roles. (2) State educational agencies Each State educational agency receiving assistance under part A shall designate an individual to serve as a point of contact for child welfare agencies and to oversee the implementation of the State educational agency requirements under this section. A State educational agency's point of contact shall not be the individual designated as the State's Coordinator for Education of Homeless Children and Youths under section 722(d)(3) of the McKinney-Vento Homeless Assistance Act, unless such individual has the capacity, resources, and time to perform both roles. 1502. Definitions In this part: (1) Child in foster care The term child in foster care 42 U.S.C. 621 et seq. (2) School attendance area The term school attendance area (3) School of origin The term school of origin (A) The public school in which the child was enrolled prior to entry into foster care. (B) The public school in which the child is enrolled when a change in foster care placement occurs. (C) The public school the child attended when last permanently housed, as such term is used in section 722(g)(3)(G) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(3)(G) . (b) Guidance Not later than 90 days after the date of enactment of this Act, the Secretary of Education, in collaboration with the Secretary of Health and Human Services, shall issue guidance on the implementation of part E of title I of the Elementary and Secondary Education Act of 1965, including how State and local agencies will work together to ensure that transportation for children in foster care is provided to the school of origin. F General provisions 1601. Reorganization (a) In general Title I ( 20 U.S.C. 6301 et seq. (1) by striking parts F through H; (2) by redesignating part I as part F; and (3) by redesignating sections 1901 through 1908 as sections 1601 through 1608, respectively. (b) Technical and conforming amendments Part F of title I, as redesignated by subsection (a)(2), is further amended— (1) in section 1601(b)(4)(A) (20 U.S.C. 6571(b)(4)(A)), as redesignated by subsection (a)(3), by striking No Child Left Behind Act of 2001 Strengthening America’s Schools Act of 2013 (2) in section 1602(a) ( 20 U.S.C. 6572(a) 1901 1601 (3) in section 1603(b)(2)(G) (20 U.S.C. 6573(b)(2)(G)), as redesignated by subsection (a)(3), by striking pupil services personnel specialized instructional support personnel (4) in section 1608 ( 20 U.S.C. 6578 No Child Left Behind Act of 2001 Strengthening America’s Schools Act of 2013 II Supporting teacher and principal excellence 2101. Supporting teacher and principal excellence (a) Technical amendments The Act (20 U.S.C. 6301 et seq.) is amended— (1) in title II, by striking the title heading and inserting Supporting Teacher and Principal Excellence (2) by redesignating subpart 3 of part D of title II as part I of title IV, and transferring such part I so as to follow part H of title IV, as added by section 4108 of this Act; (3) in part I of title IV, as redesignated by paragraph (2), by striking the part heading and inserting the following: Ready-to-Learn (4) by redesignating section 2431 as section 4901; (5) in section 4901, as redesignated by paragraph (4)— (A) by striking the section heading and inserting the following: Ready-to-Learn (B) in subsection (a)— (i) in paragraph (1)(E)(ii)— (I) by striking Even Start providers, (II) by striking family literacy services family literacy activities (ii) in paragraph (2)— (I) by striking Even Start providers, (II) by striking family literacy services family literacy activities (iii) in paragraph (4)(B), by striking Even Start, and (C) in subsection (c)(2), by striking relevant committees of Congress authorizing committees (D) by striking subsection (e) and inserting the following: (e) Funding rule Not less than 60 percent of the amount appropriated to carry out this section for each fiscal year shall be used to carry out activities under subparagraphs (B) through (D) of subsection (a)(1). ; (6) by redesignating subpart 5 of part C of title II as subpart 3 of part E of title IX, and transferring such subpart 3 so as to follow subpart 2 of part E of title IX; (7) by redesignating sections 2361, 2362, 2363, 2364, 2365, 2366, 2367, and 2368, as sections 9541, 9542, 9543, 9544, 9545, 9546, 9547, and 9548, respectively; and (8) in section 9546(b), as redesignated by paragraph (7), 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. . (b) Supporting teacher and principal excellence Title II ( 20 U.S.C. 6601 et seq. A Continuous Improvement and Support for Teachers and Principals 2101. Purpose The purpose of this part is to provide grants to State educational agencies and subgrants to local educational agencies to enable such agencies to improve academic achievement for all students, including students with disabilities and English learners, by— (1) providing professional development that is based on the result of a rigorous, transparent, and fair evaluation and is designed to improve instruction and student achievement; and (2) increasing the number and improving the equitable distribution of teachers and principals in accordance with section 1111(b)(1)(R). 2102. Definitions In this part: (1) Induction program The term induction program (2) Mentoring The term mentoring (A) includes clear criteria for the selection of mentors that takes into account the mentor’s— (i) record of increasing student achievement; and (ii) ability to facilitate professional development activities; (B) provides high-quality training for mentors in how to support teachers or principals; (C) provides regularly scheduled time for collaboration, examination of student work and achievement data, and observation of teaching, and identifies and addresses areas for improvement; and (D) matches mentees with mentors in the same field, grade, grade span, or subject area. (3) State The term State 1 Grants to States 2111. Allotments to States (a) In general The Secretary shall make grants to States with applications approved under section 2112 to enable the States to carry out the activities specified in section 2113. Each grant shall consist of the allotment determined for a State under subsection (b). (b) Determination of allotments (1) Reservation of funds From the total amount appropriated to carry out this subpart for a fiscal year, the Secretary shall reserve— (A) one-half of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this part; and (B) one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education. (2) State allotments (A) In general Subject to subparagraph (B), from the funds appropriated to carry out this subpart and not reserved under paragraph (1), the Secretary shall allot to each State the sum of— (i) an amount that bears the same relationship to 35 percent of the remaining amount as the number of individuals ages 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (ii) an amount that bears the same relationship to 65 percent of the remaining amount as the number of individuals, ages 5 through 17 from families with incomes below the poverty line, in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined. (B) Exception No State receiving an allotment under subparagraph (A) may receive less than one-half of 1 percent of the total amount allotted under such subparagraph. (3) Reallotment If any State does not receive an allotment under this subsection for any fiscal year, the Secretary shall reallot the amount of the allotment to the remaining States in accordance with this subsection. 2112. State applications (a) In general For a State to be eligible to receive a grant under this subpart, the State educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (b) Contents Each application submitted under this section shall include— (1) a description of how the State educational agency will— (A) ensure that each local educational agency receiving a subgrant under subpart 2 will comply with the requirements of such subgrant, including implementing a professional growth and improvement system; (B) provide technical assistance to support such implementation; and (C) ensure that the State educational agency regularly assesses implementation and results across local educational agencies’ professional growth and improvement systems to ensure comparability across the State in implementation of such systems in differentiating teacher and principal performance levels; (2) a description of how the State will use funds pursuant to section 2113(a); (3) a description of how the activities to be carried out by the State educational agency under this subpart will be evidence-based and an explanation of why the activities are expected to improve student achievement; (4) a description of how activities under this subpart are aligned with State academic content and student academic achievement standards and State assessments, which include, as appropriate, State early learning standards for children younger than kindergarten; (5) a description of how the State educational agency, working with local educational agencies, will provide data on each teacher’s student achievement and growth for the State assessments required under section 1111(a)(2) to teachers and local educational agencies, in a timely and useful manner; (6) a description of how the State educational agency will hold local educational agencies accountable for meeting the requirements of section 1117; (7) an assurance that the State educational agency will comply with section 9501 (regarding participation by private school children and teachers); (8) a description of the activities funded under this subpart, including how such activities will be coordinated with the State agency responsible for early childhood education programs and the State Advisory Council on Early Childhood Education and Care established under section 642B of the Head Start Act, that are designed to improve and strengthen the knowledge and skills of teachers and principals responsible for educating children in preschool, where applicable, through grade 3; (9) a description of how the State educational agency will provide for the equitable distribution of teachers in accordance with section 1111(b)(1)(R); and (10) an assurance that the State educational agency is encouraging collaboration between higher education-based educator preparation programs, the State, and local educational agencies to promote the readiness of new educators entering the profession through clinical experience and interaction, as well as other activities. (c) Deemed approval An application submitted by a State educational agency pursuant to subsection (a) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with this subpart. (d) Disapproval The Secretary shall not finally disapprove the application, except after giving the State educational agency notice and an opportunity for a hearing. (e) Notification If the Secretary finds that the application is not in compliance, in whole or in part, with this subpart, the Secretary shall— (1) give the State educational agency notice and an opportunity for a hearing; and (2) notify the State educational agency of the finding of noncompliance and, in such notification, shall— (A) cite the specific provisions in the application that are not in compliance; and (B) request additional information, only as to the noncompliant provisions, needed to make the application compliant. (f) Response If the State educational agency responds to the Secretary’s notification described in subsection (e)(2) during the 45-day period beginning on the date on which the agency received the notification, and resubmits the application with the requested information described in subsection (e)(2)(B), the Secretary shall approve or disapprove such application prior to the later of— (1) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or (2) the expiration of the 120-day period described in subsection (c). (g) Failure To Respond If the State educational agency does not respond to the Secretary’s notification described in subsection (e)(2) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed to be disapproved. 2113. State use of funds (a) In general A State that receives a grant under section 2111— (1) shall reserve 95 percent of the funds made available through the grant to make subgrants to local educational agencies as described in subpart 2; (2) shall use not less than 2 percent but not more than 5 percent of funds made available through the grant to support local educational agencies in— (A) improving the performance and equitable distribution of principals and, at the State’s discretion, other school leaders, including through— (i) activities designed to recruit, prepare, place, assist, support, and retain highly rated principals for high-need schools and low-performing schools, including through compensation or incentives; and (ii) providing training and support to principals and school leadership teams in high-need schools and low-performing schools on improving instruction and closing achievement gaps; and (B) providing technical assistance to local educational agencies to support the design and implementation of professional growth and improvement systems, including— (i) developing and disseminating research-based models and designing high-quality evaluation tools, such as classroom observation rubrics; (ii) developing and providing training for principals and other evaluators on how to evaluate teachers in order to differentiate teacher performance accurately, provide useful feedback, and use evaluation results to inform decisionmaking about professional development, improvement strategies, and personnel decisions; (iii) developing methods, including training and auditing, for ensuring inter-rater reliability of evaluation results; (iv) providing information on the appropriate collection, reporting, analysis, and use of evaluation data; and (v) developing a system for auditing the quality of professional growth and improvement systems, including the correlation with student achievement and continuous improvement, and improving such systems based on data and feedback; and (3) shall use funds remaining after making the reservations under paragraphs (1) and (2) to— (A) plan and administer State activities under this part, including awarding, monitoring, and enforcing the requirements of subgrants awarded under subpart 2; (B) assist local educational agencies in recruiting, preparing, placing, developing, and retaining highly rated teachers for high-need schools and low-performing schools; (C) provide technical assistance, as necessary, to local educational agencies that receive subgrants under subpart 2, to improve performance on the measures described in section 2141(b), as applicable; (D) develop and disseminate the State Report described in subpart 4, and use the information in the State Report to guide efforts under this part; and (E) provide technical assistance and support to local educational agencies in the development and implementation of programs and policies that support young children’s transition from early childhood education programs into elementary schools, improve school readiness, and improve the academic achievement of young children. (b) Optional uses (1) In general A State that receives a grant under section 2111 may, from the funds reserved pursuant to subsection (a)(2), use an amount equal to not more than 1 percent of the funds made available through the grant to establish, expand, or implement 1 or more teacher or principal preparation academies and to provide for a State authorizer, if— (A) the State does not have in place legal, statutory, or regulatory barriers to the creation or operation of teacher or principal preparation academies; (B) the State enables candidates attending a teacher or principal preparation academy to be eligible for State financial aid to the same extent as participants in other State-approved teacher or principal preparation programs, including alternative certification, licensure, or credential programs; (C) the State enables teachers or principals who are teaching or working while on alternative certificates, licenses, or credentials to teach or work in the State while enrolled in a teacher or principal preparation academy; and (D) the State will recognize a certificate of completion (from any teacher or principal preparation academy that is not, or is unaffiliated with, an institution of higher education), as at least the equivalent of a master’s degree in education for the purposes of hiring, retention, compensation, and promotion in the State. (2) Definitions In this subsection: (A) Teacher or principal preparation academy The term teacher or principal preparation academy (i) enters into an agreement with a State authorizer that specifies the goals expected of the institution, including— (I) a requirement that— (aa) teacher or principal candidates, or teachers teaching or principals serving on alternative certificates, licenses, or credentials, who are enrolled in the academy receive a significant part of their training through clinical preparation that partners candidates with mentor teachers or principals with a demonstrated track record of success in improving student growth, including (where applicable) children with disabilities, children living in poverty, and English learners; and (bb) the academy will provide instruction to teacher candidates that links to the clinical preparation experience; (II) the number of teachers or principals the academy will produce and the minimum number and percentage of teachers or principals who will demonstrate success in improving student performance based on multiple measures (including student growth); (III) a requirement that the teacher preparation component of the academy will only award a certificate of completion (or degree, if the academy is, or is affiliated with, an institution of higher education) after the graduate demonstrates a track record of success in improving student performance based on multiple measures (including student growth), either as a student teacher or teacher-of-record on an alternative certificate, license, or credential; (IV) a requirement that the principal preparation component of the academy will only award a certificate of completion (or degree, if the academy is, or is affiliated with, an institution of higher education) after the graduate demonstrates a track record of success in improving student performance for some or all of a school’s students; and (V) timelines for producing cohorts of graduates and conferring certificates of completion (or degrees, if the academy is, or is affiliated with, an institution of higher education) from the academy; (ii) shall not have unnecessary restrictions placed on the methods the academy will use to train teacher or principal candidates (or teachers or principals that are teaching or working while on alternative certificates, licenses, or credentials), including restrictions or requirements— (I) obligating the faculty of the academy to hold advanced degrees, or prohibiting the faculty of the academy from holding advanced degrees; (II) obligating such faculty to conduct academic research; (III) related to the physical infrastructure of the academy; (IV) related to the number of course credits required as part of the program of study; (V) related to the undergraduate coursework completed by teachers teaching on alternative certificates, licenses, or credentials, as long as such teachers have successfully passed all relevant State-approved content area examinations; or (VI) related to obtaining additional accreditation from a national accrediting body; and (iii) limits admission to its program to candidates who demonstrate strong potential to improve student achievement, based on a rigorous selection process that reviews a candidate’s prior academic achievement or record of professional accomplishment. (B) State authorizer The term State authorizer (i) enters into an agreement with a teacher or principal preparation academy that specifies the goals expected of the academy, as described in subparagraph (A)(i); (ii) may be a nonprofit organization, State educational agency, or other public entity, or consortium of such entities (including a consortium of States); and (iii) does not reauthorize a teacher or principal preparation academy if the academy fails to produce the minimum number or percentage of effective teachers or principals, respectively, identified in the academy’s authorizing agreement. (c) Supplement, not supplant Funds received under this subpart shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this subpart. 2 Subgrants to local educational agencies 2121. Allocations to local educational agencies (a) In general The Secretary may make a grant to a State under subpart 1 only if the State educational agency agrees to distribute the funds described in this section as subgrants to local educational agencies under this subpart. (b) Allocations (1) In general From the total amount reserved by a State under section 2113(a)(1) for a fiscal year, the State educational agency shall allocate to each of the eligible local educational agencies in the State for such fiscal year the sum of— (A) an amount that bears the same relationship to 20 percent of the total amount reserved as the number of individuals age 5 through 17 in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined; and (B) an amount that bears the same relationship to 80 percent of the total amount reserved as the number of individuals age 5 through 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined. (2) Hold harmless (A) In general Notwithstanding paragraph (1), the State educational agency shall allocate to each of the eligible local educational agencies in the State an amount that is not less than 90 percent of the allocation the eligible local educational agency received for the previous fiscal year under this part. (B) Ratable reduction If insufficient funds are appropriated to allocate the amounts that all eligible local educational agencies in the State are eligible to receive under subparagraph (A) for a fiscal year, the Secretary shall ratably reduce those amounts for the fiscal year. 2122. Local applications and needs assessment (a) In general To be eligible to receive a subgrant under this subpart, a local educational agency shall— (1) submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require; and (2) conduct, with the involvement of school staff and other stakeholders, as applicable, an assessment of the human capital needs of the local educational agency, including in the areas set forth under section 2141(b), as applicable. (b) Contents Each application submitted under this section shall include the following: (1) Needs assessment A description of the results of the needs assessment conducted under subsection (a)(2) and how the local educational agency will align use of funds with such assessment. (2) Performance measures A description of the performance measures and activities the local educational agency will use to address the needs identified in such assessment. (3) Professional growth and improvement system An assurance that the local educational agency will create, or improve, and implement a professional growth and improvement system by a date identified by the local educational agency and approved by the State educational agency that shall not be later than the 2015–2016 school year. (4) Professional development A description of the professional development activities that will be made available to teachers and principals under this subpart and how the local educational agency will ensure that the professional development needs of teachers and principals, as identified by the professional growth and improvement system, will be met using funds under this subpart. (5) Encouraging collaboration to promote educator readiness An assurance that the local educational agency is encouraging collaboration with higher education-based educator preparation programs to promote the readiness of new educators entering the profession through clinical experience and interaction, as well as other activities. (6) Integration of technology into curricula and instruction A description of how the local educational agency will integrate funds under this subpart with funds received under part D that are used for professional development to train teachers to integrate technology into curricula and instruction to improve teaching, learning, and technology literacy. (7) Evidence-based activities A description of how the activities to be carried out by the State educational agency under this subpart will be evidence-based and an explanation of why the activities are expected to improve student achievement. 2123. Local use of funds (a) In general A local educational agency that receives a subgrant under section 2121 shall use subgrant funds to address the achievement of students in schools designated as focus schools under section 1116(c) and priority schools under section 1116(d) and schools not meeting their performance targets, as described in section 1116(b). (b) Professional development (1) In General A local educational agency that receives a subgrant under section 2121 shall use subgrant funds to develop and carry out professional development, which may include joint professional development for teachers, principals, and other relevant school staff with early childhood education program staff. (2) Priority Schools; Focus schools Not less than 20 percent of subgrant funds— (A) shall be used to provide professional development for teachers serving students in schools identified as priority schools under section 1116(d) and not receiving school improvement funds as described in section 1116(f); and (B) if a local educational agency has excess funds after meeting the needs of teachers serving students in priority schools, as required under subparagraph (A), may be used to provide professional development for teachers serving students in schools identified as focus schools under section 1116(c). (c) Permissible uses of funds A local educational agency that receives a subgrant under section 2121 may use subgrant funds to implement strategies that lead to increased student achievement for all students, including English learners and students with disabilities, by carrying out 1 or more of the following activities: (1) Developing, implementing and improving an induction program or a mentoring program. (2) Improving within-district equity in the distribution of teachers consistent with the requirements of section 1111(b)(1)(R). (3) Developing and implementing a professional growth and improvement system. (4) Carrying out in-service training for school personnel in— (A) the techniques and supports needed for early identification of children with trauma histories, and children with, or at risk of, mental illness; (B) the use of referral mechanisms that effectively link such children to appropriate treatment and intervention services in the school and in the community, where appropriate; and (C) forming partnerships between school-based mental health programs and public or private mental health organizations. (5) Increasing teacher capacity to evaluate student work and use student achievement data and creating career ladders to provide opportunities for highly rated teachers or paraprofessionals to advance or take on additional roles and responsibilities. (6) Recruiting, preparing, placing, supporting, developing, rewarding, and retaining highly rated teachers and principals in high-need schools and low-performing schools. (7) Reducing class size for prekindergarten through grade 3, by an amount and to a level consistent with what scientifically valid research has found to improve student achievement. (d) Supplement, not supplant Funds received under this subpart shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this subpart. 3 National leadership activities 2131. National leadership activities From the funds made available to carry out this part for a fiscal year, the Secretary is authorized to set aside not more than 1 percent for the following activities related to the purpose of this part: (1) Research and development. (2) Technical assistance. (3) Outreach and dissemination activities directly or through grants, contracts, or cooperative agreements. (4) Activities relating to gifted and talented students, as described in section 2132. 2132. Gifted and Talented Students The Secretary shall— (1) acting through the Director of the Institute of Education Sciences, continue research and development activities related to the education of gifted and talented students, particularly research and development activities related to such students who reside in rural communities or have been underrepresented as gifted and talented; (2) support a National Research Center on the Gifted and Talented that conducts research and serves as a national clearinghouse for evidence-based best practices to improve the identification and instruction of gifted and talented students; and (3) administer demonstration grants, in consultation with the Director of the Institute of Education Sciences, to programs that build and enhance the ability of elementary school and secondary school personnel to support gifted and talented students. 4 Accountability 2141. Accountability (a) In general (1) State report Each State that receives a grant under subpart 1 shall annually submit to the Secretary, in a manner prescribed by the Secretary, and make public, a State Report on program performance and results under such grant. Such State Report shall provide the information required under subsection (b). (2) Local educational agency report Each local educational agency that receives a subgrant under subpart 2 shall annually submit to the State, in a manner prescribed by the State, and make public, a Local Educational Agency Report on program performance and results under such subgrant. Such Local Educational Agency Report shall provide the information required under subsection (b). (3) FERPA compliance Each State and local educational agency that submits a report in compliance with this subsection shall collect, report, and disseminate information contained in such report in compliance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (4) Teacher and principal privacy No State or local educational agency shall publicly report information in compliance with this subsection in a case in which the results would reveal personally identifiable information about an individual teacher or principal. (b) Information Each State Report and Local Educational Agency Report shall contain, as appropriate— (1) a description of how funds have been used, including how funds have been used to address the needs of teachers serving students in schools not meeting performance targets, as described in section 1116(b), and schools identified as focus schools and priority schools under subsections (c) and (d) of section 1116 and the results of the use of those funds; (2) the number of highly rated teachers in the local educational agency teaching in schools identified as focus schools and priority schools under subsections (c) and (d) of section 1116; (3) student achievement data, by teacher preparation program within the State, for students taught by such program’s graduates; (4) a description of the professional growth and improvement system required under section 2122; (5) a description of how chosen professional development activities improved teacher and principal performance using the professional growth and improvement system; and (6) how funds have been used to contribute to the equitable distribution of teachers. 5 Principal recruitment and training 2151. Principal recruitment and training grant program (a) Definitions In this section: (1) Aspiring principal The term aspiring principal (2) Current principal The term current principal (3) Eligible entity The term eligible entity (A) a local educational agency or educational service agency that serves an eligible school or a consortium of such agencies; (B) a State educational agency or a consortium of such agencies; (C) a State educational agency in partnership with 1 or more local educational agencies or educational service agencies that serve an eligible school; (D) an entity described in subparagraph (A), (B), or (C) in partnership with 1 or more nonprofit organizations or institutions of higher education; or (E) an institution of higher education or a nonprofit organization, if the institution or nonprofit organization can demonstrate a record of— (i) preparing principals who have been able to improve student achievement substantially; and (ii) placing a significant percentage of such principals in eligible schools. (4) Eligible school The term eligible school (A) Is a high-need school. (B) Is identified as a priority school under section 1116(d). (C) Is identified as a focus school under section 1116(c). (D) In the case of a public school containing middle grades, feeds into a public high school that has less than a 60 percent graduation rate. (E) Is a rural school served by a local educational agency that is eligible to receive assistance under part B of title VI. (5) High-need school (A) In general The term high-need school (i) an elementary school or middle school in which not less than 50 percent of the enrolled students are children from low-income families; or (ii) a high school in which not less than 40 percent of the enrolled students are children from low-income families, which may be calculated using comparable data from feeder schools. (B) Low-income family For purposes of subparagraph (A), the term low-income family (i) in which the children are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. (ii) receiving assistance under a State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. (iii) in which the children are eligible to receive medical assistance under the Medicaid program. (6) Mentor principal The term mentor principal (A) Strong instructional leadership skills in an elementary school or secondary school setting. (B) Strong verbal and written communication skills, which may be demonstrated by performance on appropriate assessments. (C) Knowledge, skills, and attitudes to— (i) establish and maintain a professional learning community that effectively extracts information from data to improve the school culture and personalize instruction for all students to result in improved student achievement; (ii) create and maintain a learning culture within the school that provides a climate conducive to the development of all members of the school community, including one of continuous learning for adults tied to student learning and other school goals; (iii) engage in continuous professional development, utilizing a combination of academic study, developmental simulation exercises, self-reflection, mentorship, and internship; (iv) understand youth development appropriate to the age level served by the school and from this knowledge set high expectations and standards for the academic, social, emotional, and physical development of all students; and (v) actively engage the community to create shared responsibility for student academic performance and successful development. (7) Middle grade The term middle grade (8) School-level student outcomes The term school-level student outcomes (A) student academic achievement and student growth; and (B) additional outcomes, including, at the high school level, graduation rates and the percentage of students taking college-level coursework. (b) Program authorized (1) Principal recruitment and training grant program The Secretary shall award grants to eligible entities to enable such entities to recruit, prepare, place, and support principals in eligible schools. (2) Duration (A) In general (i) Not more than 5 year duration A grant awarded under this section shall be not more than 5 years in duration. (ii) Renewal The Secretary may— (I) renew a grant awarded under this section based on performance; and (II) in renewing a grant under subclause (I), award the grantee increased funding to scale up or replicate the grantee's program. (B) Performance In evaluating performance for purposes of subparagraph (A)(ii)(I)— (i) the Secretary's primary consideration shall be the extent to which the principals recruited, prepared, placed, or supported by the grantee have improved school-level student outcomes in eligible schools; and (ii) the Secretary shall also consider the percentage of program graduates— (I) who become principals in eligible schools; (II) who remain principals in eligible schools for multiple years; and (III) who are highly rated principals, as determined by the State educational agency. (c) Application and selection criteria (1) Application An eligible entity that desires a grant under this section shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Selection criteria In awarding grants under this section, the Secretary shall consider— (A) the extent to which the entity has the capacity to implement the activities described in subsection (e) that the entity proposes to implement; (B) the extent to which the entity has a demonstrated record of effectively preparing high-quality principals or an evidenced-based plan for preparing principals to improve school-level student outcomes in eligible schools; (C) the extent to which the entity has a demonstrated record of effectiveness or an evidence-based plan for providing principals trained by the entity with the guidance, support, and tools they need to improve school-level student outcomes in eligible schools, including providing principals with resources, such as funding to ensure supports for quality teaching, access to best practices, and decisionmaking authority over areas such as personnel, budget, curriculum, or scheduling; (D) the likelihood of the entity sustaining the project with funds other than funds provided under this section, which other funds may include funds provided under this title other than this section, once the grant is no longer available to the entity; and (E) the extent to which the proposed project will serve rural areas or high-poverty areas. (d) Awarding grants (1) Priority In awarding grants under this section, the Secretary shall give priority to an eligible entity with a record of preparing or developing principals who— (A) have improved school-level student outcomes, and in the case of high school principals, postsecondary enrollment and persistence rates; (B) have become principals in eligible schools; and (C) remain principals in eligible schools for multiple years. (2) Grants for rural schools and lowest performing schools In awarding grants under this section, the Secretary shall, consistent with the quality of applications— (A) award not less than 1 grant to an eligible entity that intends to establish a program that focuses on training or supporting principals and other school leaders for rural schools; and (B) award not less than 1 grant to an eligible entity that intends to establish a program to train and support principals and other school leaders to lead reform efforts in priority schools identified under section 1116(d) in a State or more than 1 State. (3) Reform efforts An eligible entity that receives a grant under this section to carry out a program described in paragraph (2)(B)— (A) during the first year of the grant, shall use grant funds to— (i) bring together experts and stakeholders who are committed to dramatic and effective reform of priority schools identified under section 1116(d) who can provide input about what the evidence base shows regarding effective school leadership in such schools; (ii) collect and develop, in consultation with experts and stakeholders, a core body of knowledge regarding effective school reform leadership in priority schools identified under section 1116(d), which is evidence-based; and (iii) develop, drawing on the core body of knowledge developed in clause (ii), a leadership training program for principals, mentors, and other school leaders, to prepare and support the principals, mentors, and leaders to lead effective school reform efforts in priority schools identified under section 1116(d); and (B) during each year of the grant after the first year, shall use grant funds— (i) to carry out the leadership training program described in subparagraph (A)(iii); (ii) to ensure that the leadership training program described in subparagraph (A)(iii) is informed, on an ongoing basis, by consultation with experts and stakeholders, and by the program’s tracking of the performance of its graduates in leading school reform efforts in priority schools identified under section 1116(d); (iii) to select cohorts of trained or experienced principals to lead school reform efforts in priority schools identified under section 1116(d); (iv) to provide support for, and encourage interaction among, cohorts of principals after completion of the leadership training program described in subparagraph (A)(iii); and (v) to disseminate information to principals, mentors, and other school leaders engaging in reform efforts in priority schools identified under section 1116(d). (e) Activities Each eligible entity that receives a grant under this section shall use grant funds to carry out the following: (1) Recruiting and selecting, using rigorous, competency-based, selection criteria, and training and supporting a diverse group of aspiring principals or current principals, or both, for work in eligible schools. (2) Tracking participants to determine if such individuals are attaining, or have attained, the competencies needed to complete the training to enter into an effective leadership role, and providing counseling or, if appropriate, separation, to participants who the entity determines will not attain, or have not attained, those competencies. (3) If the eligible entity provides a program for aspiring principals— (A) requiring that candidates demonstrate awareness of and have experience with the knowledge, skills, and attitudes to— (i) establish and maintain a professional learning community that effectively extracts information from data to improve the school culture and personalize instruction for all students to result in improved student achievement; (ii) create and maintain a learning culture within the school that provides a climate conducive to the development of all members of the school community, including one of continuous learning for adults tied to student learning and other school goals; (iii) engage in continuous professional development, utilizing a combination of academic study, developmental simulation exercises, self-reflection, mentorship, and internship; (iv) understand youth development appropriate to the age level served by the school and from this knowledge set high expectations and standards for the academic, social, emotional, and physical development of all students; and (v) actively engage the community to create shared responsibility for student academic performance and successful development; and (B) ensuring that the program shall provide aspiring principals with— (i) a preservice residency that is not less than 1 year in length, and that includes coaching from a mentor principal, and instructional leadership and organizational management experience; (ii) focused coursework on instructional leadership, organizational management, and the use of a variety of data for purposes of— (I) instruction; (II) evaluation and development of teachers; and (III) development of highly effective school organizations; and (iii) ongoing support, mentoring, and professional development for not less than 2 years after the aspiring principals complete the residency and commence work as assistant principals and principals. (4) Training mentors for principals who are serving or who wish to serve in eligible schools or for aspiring principals who wish to serve in such eligible schools, or for both. (5) Providing differentiated training to participants in competencies that evidence shows are critical to improving school-level student outcomes in eligible schools, such as— (A) recruiting, training, supervising, supporting, and evaluating teachers and other staff; (B) developing teams of effective school staff, and distributing among members of such teams responsibilities for leading and improving their schools; (C) establishing learning communities where principals and teachers— (i) share a school mission and goals with an explicit vision of quality teaching and learning that guides all instructional decisions; (ii) commit to improving student outcomes and performances; (iii) set a continuous cycle of collective inquiry and improvement; (iv) foster a culture of collaboration where teachers and principals work together on a regular basis to analyze and improve teaching and learning; and (v) support and share leadership; (D) where applicable for participants serving elementary schools, offering high-quality early childhood education to the students such participants are serving and facilitating the transition of children from early learning settings to elementary school; (E) where applicable for participants serving high schools, facilitating postsecondary level coursework for students through access to Advanced Placement and International Baccalaureate courses, dual enrollment programs, and early college high schools, as well as support services to help students transition to postsecondary education; (F) setting high expectations for student achievement; (G) addressing the unique needs of specific student populations served, such as students with disabilities, students who are English learners, and students who are homeless or in foster care; (H) managing budget resources and school time to support high-quality instruction and improvements in student achievement, such as by extending the school day and year and providing common planning time to teachers and staff; (I) working effectively with students’ parents and other members of the community; (J) using technology and multiple sources of data to personalize instruction; (K) monitoring and improving the alignment and effectiveness of curriculum, instruction, and assessment, using a variety of data providing evidence of student and school outcomes; and (L) developing and maintaining a positive school culture where students, teachers, and other staff are motivated to collaborate and work together to achieve goals. (6) Delivering high-quality, differentiated, school-level support services and training to current principals of eligible schools, if the eligible entity provides a program for current principals, or during the period described in paragraph (3)(B)(iii) to individuals who have completed the aspiring principal residency, if the eligible entity provides a program for aspiring principals, to help meet the specific needs of the eligible schools they serve, which may include— (A) training and support for the design of schoolwide improvement plans based on the diagnosis of school conditions and needs informed by data and analysis of classroom and school practices; and (B) support in organizing and training the teams described in paragraph (5)(B). (7) Making available any training materials funded under the grant, such as syllabi, assignments, or selection rubrics, to the Department for public dissemination. (8) Tracking the effectiveness of the program based on, at a minimum— (A) school-level student outcomes at the schools where program graduates have served as principals; (B) the percentage of program graduates who become principals in eligible schools; and (C) the percentage of program graduates who remain principals in eligible schools for multiple years. (9) Using the data on the effectiveness of the program for, among other purposes, the continuous improvement of the program. (f) Annual report An eligible entity that receives a grant under this section shall submit an annual report, beginning in the third year of the grant, to the Secretary regarding— (1) school-level student outcomes resulting from implementation of the grant activities; and (2) data on— (A) the percentage of program graduates who become principals in eligible schools; (B) the percentage of graduates who remain principals in eligible schools for multiple years; and (C) the percentage of program graduates who are highly rated, as determined by the State educational agency. (g) Matching requirement (1) Matching requirement (A) In general An eligible entity that receives a grant under this section shall contribute annually to the activities assisted under such grant matching funds in an amount equal to not less than 20 percent of the amount of the grant from non-Federal sources. (B) Matching funds The matching funds requirement under subparagraph (A) may be met by— (i) contributions that are in cash or in-kind, fairly evaluated; and (ii) payments of a salary or stipend to an aspiring principal during the aspiring principal’s residency year. (2) Waiver The Secretary may waive or reduce the matching requirement under paragraph (1) if the eligible entity demonstrates a need for such waiver or reduction due to financial hardship. (h) Supplement, not supplant Grant funds provided under this section shall be used to supplement, and not supplant, any other Federal, State, or local funds otherwise available to carry out the activities described in this section. B Teacher Pathways to the Classroom 2201. Teacher Pathways (a) Purpose It is the purpose of this section to support the recruitment, selection, preparation, placement, retention, and support of teachers in high-need subjects or fields who will improve student academic achievement and student outcomes at high-needs schools. (b) Definitions In this section: (1) Eligible entity The term eligible entity (A) a partnership of— (i) 1 or more institutions of higher education or nonprofit organizations; and (ii) a high-need local educational agency and 1 or more other local educational agencies or State educational agencies; or (B) an institution of higher education or a nonprofit organization that can demonstrate a record of— (i) preparing teachers who are successful in improving student achievement; and (ii) placing a significant percentage of those teachers in high-need schools. (2) Teacher in a high-need subject or field The term teacher in a high-need subject or field (A) students with disabilities; (B) English learners; or (C) science, technology, engineering, or mathematics. (c) Authorization of grant awards The Secretary shall award grants to eligible entities to pay for the Federal share of the cost of carrying out the activities described in this section. (d) Applications An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (e) Considerations In awarding grants under this section, the Secretary shall consider the geographic diversity of the eligible entities, including the distribution of grants among urban, suburban, and rural areas. (f) Priority In awarding grants under this section, the Secretary shall give priority to applicants that demonstrate a record of— (1) recruiting college undergraduates, recent college graduates, graduate students, and professionals with a demonstrated history of significant academic achievement to become teachers; (2) recruiting and selecting candidates who are members of groups underrepresented in the teaching profession; and (3) preparing teachers who consistently improve student academic achievement at high-need schools. (g) Required use of funds An eligible entity that receives a grant under this section shall use the grant funds for the following: (1) To recruit, select, prepare, place, retain, and support teachers for high-need schools and teachers in high-need subjects or fields. (2) To prepare all teachers to teach students with disabilities and English learners. (3) To prepare teachers in classroom management, instructional planning and delivery, learning theory and cognitive development, literacy development, and student assessment. (4) To provide school-based, clinical experience at a high-need school that includes observation of and feedback on teacher candidates' teaching. (5) To provide ongoing mentoring and support, which may include coursework, for participants for at least 1 school year. (h) Permissible use of grant funds An eligible entity that receives a grant under this section may use the grant funds to provide financial stipends for teacher candidates who are not the teacher of record. (i) Performance and grant renewal (1) Tracking performance An eligible entity that receives a grant under this section shall— (A) track the placement rate, retention rate, and performance in improving student academic achievement of teachers recruited and prepared by programs funded by the grant; and (B) submit data on such performance to the Secretary. (2) Conditions for grant renewal The Secretary shall evaluate the information submitted under paragraph (1) and renew a grant awarded under this section only if the data indicate the teachers are successful in improving student academic achievement. (j) Fiscal agent The fiscal agent for an eligible entity that receives a grant under this section may be a local educational agency, State educational agency, institution of higher education, or nonprofit organization that is a partner in the eligible entity. (k) Matching requirements (1) Federal share Except as provided in paragraph (2)(B), the Federal share for this section shall be a percentage of the cost of the activities assisted under the grant as determined by the Secretary. (2) Non-Federal share (A) In general The non-Federal share provided by an eligible entity receiving a grant under this section shall be a percentage of the cost of the activities assisted under the grant as determined by the Secretary. The non-Federal share may include in-kind contributions. (B) Special rule The Secretary may waive or reduce the amount of the non-Federal share described in subparagraph (A) for any fiscal year if the eligible entity demonstrates to the Secretary that the funds needed to carry out that subparagraph are unavailable due to economic hardship, as determined by the Secretary. (l) Evaluation From the amount appropriated for this part and reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department— (1) evaluate the implementation and impact of the program under this section; (2) identify best practices for recruiting, selecting, preparing, placing, retaining, and supporting teachers in high-need subjects or fields for high-need schools; and (3) disseminate research on best practices. C Teacher Incentive Fund Program 2301. Purposes; definitions (a) Purposes The purposes of this part are to assist States, local educational agencies, and nonprofit organizations to develop, implement, improve, or expand strategies to ensure that the most effective teachers and principals are serving in the lowest-performing schools. (b) Definitions Except as otherwise provided, in this part: (1) Eligible entity The term eligible entity (A) a local educational agency or a consortium of local educational agencies, which may include a charter school that is a local educational agency; (B) a State educational agency, or other State agency designated by the chief executive of a State to participate under this part; or (C) an institution of higher education or nonprofit organization, in partnership with an entity described in subparagraph (A) or (B). (2) Highly effective teacher or principal The term highly effective teacher or principal (A) receiving the highest ratings in a professional growth and improvement system; or (B) if a professional growth and improvement system has not yet been implemented, receiving the highest rating category of an existing local educational agency teacher or principal evaluation system. (3) Human capital system The term human capital system (A) identifying, recruiting, training, hiring, placing, and retaining those individuals who are or are most likely to be highly effective teachers and principals; (B) attracting highly effective teachers and principals to high-need schools, including by providing highly effective teachers and principals in such schools with support and development opportunities focused on increasing student achievement; and (C) retaining highly effective teachers and principals in high-need schools over time by creating school environments that enable excellent teaching, including through strategies such as personalized learning, project-based learning, blended learning, distributed leadership, career pathways, and time for collaboration and use of student data in professional learning communities. 2302. Teacher incentive fund grants (a) In general From the amounts appropriated to carry out this part, the Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable the eligible entities to develop, implement, improve, or expand strategies, including incentives and human capital systems to increase the number of highly effective teachers and principals serving in high-need schools. (b) Priority In awarding a grant under this part, the Secretary shall give priority to an eligible entity that concentrates the proposed activities in high-need schools designated as priority schools, as described in section 1116(d), and then to an eligible entity that concentrates the proposed activities in a State or local educational agency that has already developed a professional growth and improvement system required under section 2122. (c) Applications To be eligible to receive a grant under this part, an eligible entity shall submit an application to the Secretary, at such time and in such manner as the Secretary may reasonably require. The application shall include, as applicable— (1) a description of the strategy that the eligible entity proposes to develop, implement, improve, or expand; (2) a description and evidence of the support and commitment of teachers and principals in the school to be served by the project, the community, including community-based organizations, and the local educational agencies, including a demonstration of consultation with teachers and principals in the design and development of the proposal; (3) a description of the local educational agency or school to be served by the project, including such student academic achievement, demographic, and socioeconomic information as the Secretary may request; (4) a description of the quality of teachers and principals in the local educational agency and the schools to be served by the project and how the project will increase the quality of teachers and principals in a high-need school; (5) a description of how the eligible entity will use grant funds under this part in each year of the grant to continuously increase the number of highly effective teachers and principals in the highest-need schools; (6) a description of how the eligible entity will continue funding and carrying out the project after the grant period ends; (7) a description of the State, local, or other public or private funds that will be used to supplement the grant and sustain the activities assisted under the grant at the end of the grant period; and (8) a description of the rationale and evidence base for the proposed activities and of any prior experience of the eligible entity in developing and implementing such activities. (d) Use of funds An eligible entity that receives a grant under this part shall use the grant funds to carry out activities that are designed to develop, implement, improve, or expand strategies to increase the number of highly effective teachers or principals serving in high-need schools, consistent with this part, which may include— (1) paying bonuses and increased salaries, if the eligible entity uses an increasing share of non-Federal funds to pay the bonuses and increased salaries each year of the grant, to highly effective teachers or principals who work in high-need schools; (2) improving a professional growth and improvement system required under section 2122; (3) reforming the local educational agency’s system of compensating teachers and principals; and (4) developing and implementing a human capital system. (e) Duration of grants (1) In general The Secretary may award a grant under this part for a period of not more than 5 years. (2) Limitation A local educational agency may receive (whether individually or as part of a consortium or partnership) a grant under this part only twice. A second grant may be awarded only if the Secretary determines that the eligible entity has demonstrated sufficient progress and demonstrates the sustainability of the grant project after the expiration of the grant period. (f) Equitable geographic distribution To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this part, including the distribution between rural and urban areas. (g) Supplement, not supplant Grant funds provided under this part shall be used to supplement, not supplant, other Federal, State, or local funds available to carry out the activities described in this part. D Achievement through technology and innovation 2401. Short title This part may be cited as the Achievement Through Technology and Innovation Act of 2013 ATTAIN Act 2402. Purposes and goals The purposes and goals of this part are— (1) to ensure that through effective and innovative uses of technology every student has access to personalized, rigorous, and relevant learning to meet the goals of this part to raise student achievement, close the achievement gap, and ensure highly effective teaching, and to prepare all students to be technology literate and make sufficient academic growth to succeed in the 21st century digital economy; (2) to evaluate, build upon, and increase the use of evidence-based and innovative systemic education transformations that center on the use of technology that leads to school improvement, improved productivity, and increased student achievement; (3) to ensure that all educators are connected in an ongoing manner to technology-based and online resources and supports, including through enhanced ongoing, meaningful professional development to ensure that— (A) all educators are technology literate and effectively use technology to improve instruction; and (B) education administrators possess the capacity to— (i) provide leadership in the use of technology for systemic education transformation; and (ii) improve educational productivity; (4) to improve student engagement, opportunity, attendance, graduation rates, and technology access through enhanced or redesigned curriculum or instruction; (5) to more effectively collect and use student performance and other data in a timely manner to inform instruction, address individualized student needs, support school decisionmaking, and support school improvement and increased student achievement, including through delivery of computer-based and online assessments; (6) to enhance the use of technology, online learning, and blended learning for systemic education transformation, including curricula redesign and new instructional strategies to personalize learning; and (7) to increase education productivity and reduce costs through the use of technology, blended learning, and online learning, including for the delivery of online assessments. 2403. Definitions In this part: (1) Blended learning The term blended learning (2) Digital learning The term digital learning (A) interactive learning resources that engage students in academic content; (B) access to online databases and other primary source documents; (C) the use of data to personalize learning and provide targeted supplementary instruction; (D) student collaboration with content experts and peers; (E) online and computer-based assessments; (F) digital content, adaptive, and simulation software or courseware; (G) online courses, online instruction, or digital learning platforms; (H) mobile and wireless technologies for learning in school and at home; (I) learning environments that allow for rich collaboration and communication; (J) authentic audiences for learning in a relevant, real world experience; and (K) teacher participation in virtual professional communities of practice. (3) Eligible technology The term eligible technology (4) E-rate program The term E-rate program 47 U.S.C. 254(h)(1)(B) (5) Student technology literacy The term student technology literacy (A) effectively communicate and collaborate; (B) analyze and solve problems; (C) access, evaluate, manage, and create information and otherwise gain information literacy; (D) demonstrate creative thinking, construct knowledge, and develop innovative products and processes; and (E) carry out the activities described in subparagraphs (A) through (D) in a safe and ethical manner. (6) Technology readiness survey The term technology readiness survey Public Law 111–5 (A) requiring— (i) an internal review of the degree to which instruction, additional student support, and professional development is delivered in digital formats, media, and platforms and is available to students and educators at any time; (ii) an internal review of the ability of educators to use assessments and other student data to personalize and strengthen instruction and identify professional development needs and priorities; and (iii) any other information required by the State educational agency serving the local educational agency; and (B) which may include an assessment of local community needs to ensure students have adequate online access and access to devices for school-related work during out-of-school time. 2404. Allocation of funds; limitation (a) Allocation of Funds Between State and Local Initiatives The funds made available to carry out this part shall be available to carry out subpart 1. (b) Limitation (1) Local administrative costs Of the funds made available to a local educational agency under this part for a fiscal year, not more than 3 percent may be used by the local educational agency for administrative costs. (2) State administrative costs Of the funds made available to a State educational agency under section 2412(a)(1)(A), not more than 60 percent may be used by the State educational agency for administrative costs. 2405. E-rate restriction Funds awarded under this part may be used to address the networking needs of a recipient of such funds under the E-rate program, except that such funds may not be duplicative of support received by the recipient under the E-rate program. 2406. Rule of construction regarding purchasing Nothing in this part shall be construed to permit a recipient of funds under this part to purchase goods or services using such funds without ensuring that the purchase is free of any conflict of interest between such recipient, or any partner of such recipient, and the person or entity from whom such goods or services are purchased. 1 State and Local Grants 2411. Allotment and reallotment (a) Reservations and Allotment From the amount made available to carry out this subpart for a fiscal year— (1) the Secretary shall reserve— (A) three-quarters of 1 percent for the Secretary of the Interior for programs under this subpart for schools operated or funded by the Bureau of Indian Education; and (B) 1 percent to provide assistance under this subpart to the outlying areas; and (2) subject to subsection (b), the Secretary shall use the remainder to award grants by allotting to each State educational agency an amount that bears the same relationship to such remainder for such year as the amount received under part A of title I for such year by such State educational agency bears to the amount received under such part for such year by all State educational agencies. (b) Minimum Allotment The amount of any State educational agency's allotment under subsection (a)(2) for any fiscal year shall not be less than one-half of 1 percent of the amount made available for allotments to State educational agencies under this subpart for such year. (c) Reallotment of Unused Funds The Secretary shall reallot any unused amount of a State educational agency's allotment to the remaining State educational agencies that use their entire allotments under this subpart in accordance with this section. (d) Matching funds (1) In general A State educational agency that receives a grant under subsection (a)(2) shall provide matching funds, from non-Federal sources, in an amount equal to 20 percent of the amount of grant funds provided to the State educational agency to carry out the activities supported by the grant. Such matching funds may be provided in cash or in-kind except that any such in-kind contributions shall be provided for the purpose of supporting the State educational agency’s activities under section 2414. (2) Waiver The Secretary may waive the matching requirement under paragraph (1) for a State educational agency that demonstrates that such requirement imposes an undue financial hardship on the State educational agency. 2412. Use of allotment by State (a) In General (1) In general Of the amount provided to a State educational agency under section 2411(a)(2) for a fiscal year— (A) the State educational agency may use not more than 10 percent of such amount or $100,000, whichever amount is greater, to carry out activities under section 2414; and (B) the State educational agency shall distribute the remainder in accordance with paragraphs (2) and (3). (2) Distribution of remainder The State educational agency shall— (A) (i) use 80 percent of the remainder to award Improving Teaching and Learning through Technology subgrants to local educational agencies having applications approved under section 2415(c) for the activities described in section 2416(b); and (ii) allot to each such local educational agency an amount that bears the same relationship to 80 percent of the remainder for such year as the amount received under part A of title I for such year by such local educational agency bears to the amount received under such part for such year by all local educational agencies within the State, subject to subsection (b)(2); and (B) use 20 percent of the remainder to award Systemic Education Transformation through Technology Integration subgrants, through a State-determined competitive process, to local educational agencies having applications approved under section 2415(b) for the activities described in section 2416(a). (3) Option in years with insufficient amounts appropriated If the amount provided to a State educational agency under section 2411(a)(2) for a fiscal year is not large enough to provide every local educational agency with a minimum subgrant under subsection (b)(3), the State educational agency may distribute 100 percent of the remainder described in paragraph (1)(B) as either formula grants under paragraph (2)(A) or competitive grants under paragraph (2)(B). (b) Sufficient amounts (1) Special rule In awarding subgrants under subsection (a)(2)(B), the State educational agency shall— (A) ensure the subgrants are of sufficient size and scope to be effective, consistent with the purposes of this part; (B) ensure subgrants are of sufficient duration to be effective, consistent with the purposes of this part, including by awarding subgrants for a period of not less than 2 years that may be renewed for not more than an additional 1 year; (C) give preference in the awarding of subgrants, and the providing of all technical assistance, to local educational agencies that serve schools identified as priority schools or focus schools under subsection (c) or (d) of section 1116, including those schools with high populations of— (i) English learners; (ii) students with disabilities; or (iii) other subgroups of students who have not met the State's student academic achievement standards; and (D) ensure an equitable distribution among urban and rural areas of the State, according to the demonstrated need for assistance under this subpart of the local educational agencies serving the areas. (2) Additional reservation A State educational agency that forms a State purchasing consortium under subsection 2414(c) may reserve an additional 1 percent to carry out the activities described in subsection 2414 (c)(1) if such State educational agency receives direct approval from the local educational agencies receiving subgrants under subsection (a)(2). (3) Minimum formula-based subgrant The amount of any local educational agency's subgrant under subsection (a)(2)(A) for any fiscal year shall be not less than $3,000. (c) Reallotment of Unused Funds If any local educational agency does not apply for a subgrant under subsection (a) for a fiscal year, or does not use the local educational agency's entire allotment under this subpart for such fiscal year, the State shall reallot any unused funds to the remaining local educational agencies. 2413. State applications (a) In General To be eligible to receive a grant under this subpart, a State educational agency shall submit to the Secretary, at such time and in such manner as the Secretary may specify, an application containing the information described in subsection (b) and such other information as the Secretary may reasonably require. (b) Contents Each State educational agency application submitted under subsection (a) shall include each of the following: (1) A description of how the State educational agency will support local educational agencies that receive subgrants under this subpart in meeting the purposes and goals of this part and the requirements of this subpart, including through technical assistance in using technology to redesign curriculum and instruction, improve educational productivity, and deliver computer-based and online assessment. (2) A description of the State educational agency's long-term goals and strategies for improving student academic achievement, including student technology literacy, through the effective use of technology. (3) A description of the priority area upon which the State educational agency will focus its assistance under this subpart, which shall be identified from among the core academic subjects, grade levels, and student subgroup populations with the largest achievement gaps in the State. (4) A description of how the State educational agency will support local educational agencies to implement professional development programs pursuant to section 2416(b)(1)(A). (5) A description of how the State educational agency will ensure that teachers, paraprofessionals, school librarians, and administrators possess the knowledge and skills to use technology— (A) for curriculum redesign to change teaching and learning and improve student achievement; (B) for assessment, data analysis, and to personalize learning; (C) to improve student technology literacy; and (D) for their own ongoing professional development and for access to teaching resources and tools. (6) A description of the process, activities, and performance measures that the State educational agency will use to evaluate the impact and effectiveness of activities described in section 2414. (7) Identification of the State college and career ready academic content standards and college and career ready student academic achievement standards that the State educational agency will use to ensure that each student is technologically literate, consistent with the definition of student technology literacy, and a description of how the State educational agency will assess student performance in gaining technology literacy, only for the purpose of tracking progress towards achieving the 8th grade technology literacy goal and not for accountability purposes as described in section 1111(a)(3), including through embedding such assessment items in other State tests or performance-based assessment portfolios, or through other valid and reliable means. Nothing in this subpart shall be construed to require States to develop a separate test to assess student technology literacy. (8) An assurance that financial assistance provided under this subpart will supplement, and not supplant, State and local funds. (9) A description of how the State educational agency consulted with local educational agencies in the development of the State application. (10) An assurance that the State educational agency will provide matching funds as required under section 2411(d). (11) A description of how the State educational agency will ensure that funds received under this part do not duplicate support received under the E-rate program. (12) An assurance that the State educational agency will protect the privacy and safety of students and teachers, consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (13) A description of how the State educational agency will, in providing technical and other assistance to local educational agencies, give priority to schools identified as priority schools or focus schools under subsection (c) or (d) of section 1116, including those schools with high populations of— (A) English learners; (B) students with disabilities; or (C) other subgroups of students who have not met the State’s student academic achievement standards; (14) A description of how the State educational agency will ensure that the State educational agency’s data systems and eligible technology are interoperable. (15) A description of— (A) the State’s process for the adoption, acquisition, distribution, and use of content; (B) how the State will ensure integrity of such processes; (C) how such processes support the goals of this part or how a State will change such processes to support such goals; and (D) how the State will ensure content quality. (16) A description of the technology readiness in the State, as determined by local educational agency responses to the technology readiness survey, including— (A) an assurance that not less than 90 percent of the local educational agencies served by the State educational agency have completed and submitted the technology readiness survey to the State educational agency; and (B) an assurance that the results of the technology readiness survey for each such local educational agency are made available to the Secretary and the public through the website of the local educational agency. 2414. State activities (a) Mandatory activities From funds made available under section 2412(a)(1)(A), a State educational agency shall carry out each of the following activities: (1) Identify the State college and career ready academic content standards and college and career ready student academic achievement standards that the State educational agency will use to ensure that each student is technologically literate consistent with the definition of student technology literacy. (2) Assess student performance in gaining technology literacy consistent with paragraph (1), including through embedding such assessment items in other State tests, performance-based assessments, or portfolios, or through other means, except that such assessments shall be used only to track student technology literacy and shall not be used for accountability purposes as described in section 1111(a)(3), and widely disseminate such results. (3) Providing guidance, technical assistance, and other assistance, including in the priority area identified by the State pursuant to section 2413(b)(3), to local educational agencies to— (A) identify and address technology readiness needs; (B) redesign curriculum and instruction, improve educational productivity, and deliver computer-based and online assessment; (C) use technology, consistent with the principles of universal design for learning, to support the learning needs of all students, including students with disabilities and English learners; and (D) support principals so that principals have the expertise to evaluate teachers’ proficiency in implementing digital tools for teaching and learning. (4) Developing or utilizing research-based or innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including digital learning technologies and assistive technology. (5) Integrating and coordinating activities under this part with other educational resources and programs across the State. (6) Disseminating information, including making publicly available on the website of the State educational agency, promising practices to improve technology instruction, and acquiring and implementing technology tools and applications. (7) Coordinating with teacher and principal preparation programs to align digital learning teaching standards. (8) Providing, or supporting local educational agencies in providing, sustained and intensive, high-quality professional development pursuant to section 2416(b)(1)(A). (b) Permissive activities From funds made available under section 2412(a)(1)(A), a State educational agency may carry out 1 or more of the following activities that assist local educational agencies: (1) State leadership activities and technical assistance that support achieving the purposes and goals of this part. (2) Developing or utilizing research-based or innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including distance learning technologies. (3) Assessing student performance in gaining technology literacy consistent with subsection (a)(2), including through embedding such assessment items in other State tests, performance-based assessments, or portfolios, or through other means. (c) Purchasing consortia (1) In general From funds made available under section 2412(a)(1)(A), a State educational agency receiving a grant under this subpart may— (A) form a State purchasing consortium with 1 or more State educational agencies receiving such a grant to carry out the State activities described in subsections (a) and (b), including purchasing eligible technology; (B) encourage local educational agencies to form local purchasing consortia under section 2415; and (C) promote pricing opportunities to local educational agencies for the purchase of eligible technology that are— (i) negotiated by the State educational agency or the State purchasing consortium of the State educational agency; and (ii) available to such local educational agencies. (2) Restrictions A State educational agency receiving a grant under section 2412(a)(1)(A) shall not— (A) except for promoting the pricing opportunities described in paragraph (1)(C), make recommendations to local educational agencies for, or require, use of any specific commercial products and services by local educational agencies; (B) require local educational agencies to participate in a State purchasing consortia or local purchasing consortia; or (C) use more than the amount reserved under subsection 2412(a)(1)(A) to carry out the activities described in paragraph (1) unless the State educational agency receives approval in accordance with section 2412(b)(2). 2415. Local applications (a) In General Each local educational agency desiring a subgrant under this subpart shall submit to the State educational agency an application containing a new or updated local long-range strategic educational technology plan, and such other information as the State educational agency may reasonably require, and shall include each of the following: (1) A description of how the local educational agency will align and coordinate the local educational agency's use of funds under this subpart with— (A) the local educational agency’s efforts to boost student achievement and close achievement gaps; (B) the local educational agency's technology plan; (C) the local educational agency's plans and activities for improving student achievement, including plans and activities under sections 1111, 1112, 1116, and 2123, as applicable; and (D) funds available from other Federal, State, and local sources. (2) An assurance that financial assistance provided under this subpart will supplement, and not supplant, other funds available to carry out activities assisted under this subpart. (3) A description of the process used to assess and, as needed, update technologies throughout the local educational agency. (4) A description of how the local educational agency will— (A) enable schools served by the local educational agency to build the technological capacity and infrastructure (including through local purchasing of eligible technology), necessary for the full implementation of online assessments for all students (including students with disabilities and English learners); and (B) ensure the interoperability of data systems and eligible technology. (5) A description of the results of the technology readiness survey completed by the local educational agency. (6) A description of the local educational agency’s student technology literacy standards, the agency’s goals for the technology skills for teachers and administrators, and an assurance that the student technology literacy standards meet the requirements of section 2403. (7) A description of how the local educational agency will evaluate teachers’ proficiency and progress in implementing technology for teaching and learning. (8) A description of how the local educational agency will ensure that principals have the expertise to evaluate teachers’ proficiency and progress in implementing technology for teaching and learning and the interoperability of data systems and eligible technology. (9) A description of— (A) the local educational agency’s procurement process and process for the creation, acquisition, distribution, and use of content; (B) how the local educational agency will ensure the integrity of such processes; (C) how such processes support the goals described in paragraph (1) or how a local educational agency will change such processes to support such goals; and (D) how the local educational agency will ensure content quality. (10) An assurance that the local educational agency will protect the privacy and safety of students and teachers, consistent with the requirements in section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (11) A description of how the local educational agency will ensure that the subgrant received under this subpart is not duplicative of support received under the E-rate program. (12) Such other information as the State educational agency may reasonably require. (b) Competitive Grants; Systemic Education Transformation Through Technology Integration In addition to the information described in subsection (a), a local educational agency submitting an application for a Systemic Education Transformation Through Technology Integration subgrant shall submit to the State educational agency an application containing each of the following: (1) A description of how the local educational agency will use the subgrant funds to implement systemic education transformation, which is a comprehensive set of programs, practices, and technologies to improve student achievement and close achievement gaps that— (A) collectively leads to school or school district change and improvement, including in the use of technology; and (B) incorporates all of the following elements: (i) Reform or redesign of curriculum, instruction, assessment, use of data, or other practices through the use of technology in order to increase student learning opportunity, and engagement in learning. (ii) Improvement of educator quality, knowledge and skills, and effectiveness through ongoing, sustainable, timely, and contextual professional development described in section 2416(b)(1)(A). (iii) Ongoing use of formative and other assessments and other timely data sources and data systems to more effectively identify individual student learning needs and personalize learning. (iv) Engagement of school district leaders, school leaders, and classroom educators. (v) Programs, practices, and technologies that are based on scientific research. (2) An assurance that the local educational agency will use not less than 25 percent of the subgrant funds to implement a program of professional development described in section 2416(b)(1)(A). (3) A description of how the local educational agency will evaluate the impact of 1 or more programs or activities carried out under this subpart. (c) Formula Grants; Improving Teaching and Learning Through Technology In addition to the information described in subsection (a), a local educational agency submitting an application for an Improving Teaching and Learning Through Technology subgrant shall submit to the State educational agency an application containing each of the following: (1) An assurance that the local educational agency will use not less than 40 percent of the subgrant funds for ensuring educators, including teachers and administrators, are technology literate, prepared to use technology to improve the curriculum and instruction, and are connected online to supports and resources, including— (A) for professional development described in section 2416(b)(1)(A); and (B) to provide educators with ongoing access to technology tools, applications, supports and other resources, including those related specifically to such professional development activities. (2) A description of the local educational agency's program of professional development described in section 2416(b)(1)(A). (3) A description of the use of technology tools, applications, and other resources to improve student learning and achievement in the area of priority identified under paragraph (4). (4) A description of the priority area subgrant funds will target, identified from among the core academic subjects, grade levels, and student subgroup populations in which the most number of students served by the local educational agency are not proficient. (5) A description of how funds will be used to integrate technology to redesign the curriculum or instruction, implement computer-based and online assessments, improve use of data to personalize learning, or improve education productivity. (d) Combined Applications A local educational agency that submits an application under subsection (b), may, upon notice to the State educational agency, submit a single application that will also be considered as an application for subgrant funds awarded under subsection (c), if the application addresses each application requirement under subsections (a), (b), and (c). 2416. Local activities (a) Competitive Grants; Systemic Education Transformation Through Technology Integration A local educational agency that receives funds through a subgrant under section 2412(a)(2)(B), shall carry out activities to improve student learning, technology literacy, and achievement, as follows: (1) Use not less than 5 percent of such funds to evaluate the impact of 1 or more programs or activities carried out under the subgrant as identified in the local educational agency's application and approved by the State educational agency. (2) Use funds remaining after carrying out paragraph (1) to implement a plan for systemic education transformation in 1 or more schools, in accordance with section 2415(b)(1), including each of the following: (A) Using not less than 25 percent of subgrant funds to ensure educators, including teachers and administrators, are technology literate, prepared to use technology to improve the curriculum and instruction, and are connected online to supports and resources, including through the following: (i) Professional development activities, as described in subsection (b)(1)(A). (ii) The acquisition and implementation of technology tools, applications, and other resources to provide educators with ongoing access and support, including for use in the professional development activities described in clause (i). (B) Acquiring and effectively implementing technology tools, applications, and other resources in conjunction with enhancing or redesigning the curriculum or instruction in order to— (i) increase student learning opportunity or access, student engagement in learning, or student attendance or graduation rates; (ii) improve student achievement in 1 or more of the core academic subjects; and (iii) improve student technology literacy. (C) Acquiring and effectively implementing eligible technology, tools, applications, and other resources to— (i) conduct ongoing formative and other assessments and use other timely data sources and data systems to more effectively identify and address individual student learning needs; (ii) support personalized student learning, including through instructional software and digital content that supports the learning needs of each student, or through providing access to high-quality courses and instructors otherwise not available except through technology and online learning; (iii) conduct other activities consistent with research-based or innovative systemic education transformation, including activities that increase parental involvement; and (iv) address readiness shortfalls identified under the technology readiness survey completed by the local educational agency. (b) Formula Grants; Improving Teaching and Learning Through Technology A local educational agency that receives funds through a subgrant under section 2412(a)(2)(A), shall carry out activities to improve student learning, technology literacy, and achievement in the area of priority identified under section 2415(c)(4), as follows: (1) Use not less than 40 percent of such funds for professional development activities that are aligned with activities supported under section 2123 to improve educator effectiveness and quality through support for the following: (A) Training of school personnel, which— (i) shall include the development, acquisition, or delivery of— (I) training that is ongoing, sustainable, timely, and directly related to up-to-date teaching content areas; (II) training in strategies and pedagogy in the core academic subjects that involve use of technology and curriculum redesign as key components of changing teaching and learning and improving student achievement and technology literacy; (III) training in the use of computer-based and online assessments, and in the use of student performance and other data for individualized instruction; and (IV) training that includes ongoing communication and follow-up with instructors, facilitators, and peers; and (ii) may include— (I) the use of, and training of, instructional technology specialists, mentors, master teachers, or coaches to serve as experts and train other teachers in the effective use of technology; and (II) the use of technology, such as distance learning and online virtual educator-to-educator peer communities, as a means for delivering professional development. (B) The acquisition and implementation of eligible technology, tools, applications, and other resources to be employed in the professional development activities described in subparagraph (A). (2) Use funds remaining after carrying out paragraph (1) to acquire or implement technology tools, applications, and other resources to improve student learning, technology literacy, and achievement in the area of priority identified by the local educational agency, including through 1 or more of the following: (A) Conducting ongoing formative assessment and using other timely data sources and data systems to more effectively identify and address individual student learning needs. (B) Supporting personalized student learning, including through instructional software and digital content that supports the learning needs of each student, or through providing access to high-quality courses and instructors not otherwise available except through technology such as online learning. (C) Increasing parental involvement through improved communication with teachers and access to student assignments and grades. (D) Enhancing accountability, instruction, and data-driven decisionmaking through data systems that allow for management, analysis, and disaggregating of student, teacher, and school data. (E) Such other activities as are appropriate and consistent with the goals and purposes of this part. (c) Multiple Grants A local educational agency that receives subgrants under both subparagraph (A) and subparagraph (B) of section 2412(a)(2) may use all such subgrant funds for activities authorized under subsection (a). (d) Modification of funding allocations A State educational agency may authorize a local educational agency to modify the percentage of the local educational agency’s subgrant funds required to carry out the activities described in subsections (a) or (b) if the local educational agency demonstrates that such modification will assist the local educational agency in more effectively carrying out such activities. (e) Purchasing consortia Local educational agencies receiving subgrants under subsection (a) or (b) may— (1) form a local purchasing consortia with other such local educational agencies to carry out the activities described in subsection (a) or (b), including purchasing eligible technology; and (2) use such funds for purchasing eligible technology through a State purchasing consortia under section 2414(c). 2417. Reporting (a) Local educational agencies Each local educational agency receiving a subgrant under this part shall submit to the State educational agency that awarded such subgrant an annual report that meets the requirements of subsection (c). (b) State educational agencies Each State educational agency receiving a grant under this subpart shall submit to the Secretary an annual report that meets the requirements of subsection (c). (c) Report requirements A report submitted under subsection (a) or (b) shall include, at a minimum, a description of— (1) the status of the State educational agency’s plan described in section 2413(b)(1) or the local educational agency’s technology plan under section 2415(a)(1)(B), as applicable; (2) the categories of eligible technology acquired with funds under this subpart and how such technology is being used; (3) the professional development activities funded under this subpart, including types of activities and entities involved in providing such professional development to classroom teachers and other staff, such as school librarians; (4) the instruction, strategies, activities, and curricula used in the programs funded under this subpart; and (5) the types of programs funded under this subpart. 2 Internet Safety 2421. Internet safety (a) In general No funds made available under this part to a local educational agency for an elementary school or secondary school that does not receive services at discount rates under section 254(h)(5) of the Communications Act of 1934 ( 47 U.S.C. 254(h)(5) (1) (A) has in place a policy of Internet safety for minors that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are— (i) obscene; (ii) child pornography; or (iii) harmful to minors; and (B) is enforcing the operation of such technology protection measure during any use of such computers by minors; and (2) (A) has in place a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are— (i) obscene; or (ii) child pornography; and (B) is enforcing the operation of such technology protection measure during any use of such computers. (b) Timing and applicability of implementation (1) In general The local educational agency with responsibility for a school covered by subsection (a) shall certify the compliance of such school with the requirements of subsection (a) as part of the application process for each program funding year. (2) Process (A) Schools with internet safety policies and technology protection measures in place A local educational agency with responsibility for a school covered by subsection (a) that has in place an Internet safety policy meeting the requirements of subsection (a) shall certify its compliance with subsection (a) during each annual program application cycle under this part. (B) Schools without internet safety policies and technology protection measures in place (i) Certification A local educational agency with responsibility for a school covered by subsection (a) that does not have in place an Internet safety policy meeting the requirements of subsection (a) for each year in which the local educational agency is applying for funds for such school under this part, shall certify that it is undertaking such actions, including any necessary procurement procedures, to put in place an Internet safety policy that meets such requirements. (ii) Ineligibility Any school covered by subsection (a) for which the local educational agency concerned is unable to certify compliance with such requirements for a year shall be ineligible for all funding under this part for such year and all subsequent years until such time as such school comes into compliance with such requirements. (c) Disabling during certain use An administrator, supervisor, or person authorized by the responsible authority under subsection (a) may disable the technology protection measure concerned to enable access for bona fide research or other lawful purposes. (d) Noncompliance (1) Use of general education provisions act remedies Whenever the Secretary has reason to believe that any recipient of funds under this part is failing to comply substantially with the requirements of this section, the Secretary may— (A) withhold further payments to the recipient under this part; (B) issue a complaint to compel compliance of the recipient through a cease and desist order; or (C) enter into a compliance agreement with a recipient to bring it into compliance with such requirements, in same manner as the Secretary is authorized to take such actions under sections 455, 456, and 457, respectively, of the General Education Provisions Act. (2) Recovery of funds prohibited The actions authorized by paragraph (1) are the exclusive remedies available with respect to the failure of a school to comply substantially with a provision of this section, and the Secretary shall not seek a recovery of funds from the recipient for such failure. (3) Recommencement of payments Whenever the Secretary determines (whether by certification or other appropriate evidence) that a recipient of funds who is subject to the withholding of payments under paragraph (1)(A) has cured the failure providing the basis for the withholding of payments, the Secretary shall cease the withholding of payments to the recipient under that paragraph. (4) Acquisition or operation An elementary school or secondary school shall be considered to have received funds under this part for the acquisition or operation of any computer if such funds are used in any manner, directly or indirectly— (A) to purchase, lease, or otherwise acquire or obtain the use of such computer; or (B) to obtain services, supplies, software, or other actions or materials to support, or in connection with, the operation of such computer. (e) Definitions In this subpart: (1) Child pornography The term child pornography section 2256 (2) Computer The term computer (3) Harmful to minors The term harmful to minors (A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; (B) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and (C) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors. (4) Minor The term minor (5) Obscene The term obscene (6) Sexual act and sexual contact The terms sexual act sexual contact (f) Severability If any provision of this section is held invalid, the remainder of this section shall not be affected thereby. . III Language and academic content instruction for English learners and immigrant students 3001. Language and academic content instruction for English learners and immigrant students Title III ( 20 U.S.C. 6801 et seq. III Language and academic content instruction for English learners and immigrant students A English Language Acquisition, Language Enhancement, and Academic Achievement Act 3101. Short title This part may be cited as the English Language Acquisition, Language Enhancement, and Academic Achievement Act 3102. Purposes The purposes of this part are— (1) to ensure that English learners, including immigrant children and youth, achieve English proficiency; (2) to supplement the other services under this Act and related programs designed to ensure that English learners develop high levels of academic attainment and meet the college and career ready standards under section 1111(a)(1); (3) to support States as they— (A) adopt English language proficiency standards that include not less than 4 levels of English proficiency; (B) establish statewide frameworks for identifying and supporting English learners; and (C) adopt valid and reliable assessments of English proficiency aligned to— (i) English language proficiency standards; (ii) the statewide criteria for identifying English learners; (iii) entering and exiting criteria; and (iv) a statewide system for supporting English learners; (4) to support the efforts of early childhood educators, teachers, school leaders, State educational agencies, and local educational agencies to develop and enhance the capacity and flexibility needed to— (A) provide evidence-based, linguistically and culturally appropriate services to assist English learners supported under this part in— (i) attaining English language proficiency; (ii) meeting college and career ready academic content standards under section 1111(a)(1); and (iii) achieving school readiness before kindergarten entry; (B) implement such services effectively; (C) evaluate the impact of such services on school readiness, English language proficiency, and academic content knowledge; (D) modify such services as appropriate to meet the needs of students; and (E) create the conditions for learning necessary to meet the needs of English learners so English learners can access rigorous academic content; and (5) to promote family and community participation in language instruction educational programs in communities for parents of English learners. 1 Grants and subgrants for English language acquisition and language enhancement 3111. Formula grants to States (a) In general In the case of each State educational agency having a plan approved by the Secretary for a fiscal year under section 3113, the Secretary shall make a grant for the year to the agency for the purposes specified in subsection (b). The grant shall consist of the allotment determined for the State educational agency under subsection (c). (b) Use of funds (1) Subgrants to eligible entities The Secretary may make a grant under subsection (a) only if the State educational agency involved agrees to expend not less than 95 percent of the State educational agency’s allotment under subsection (c) for a fiscal year— (A) to award subgrants, from allocations under section 3114, to eligible entities to carry out the activities described in section 3115 (other than subsection (d) of that section); and (B) to award subgrants under section 3114(d)(1) to eligible entities that are described in that subsection to carry out the activities described in section 3115(d). (2) State activities (A) In general Subject to subparagraph (B), each State educational agency receiving a grant under subsection (a) may reserve not more than 5 percent of the agency’s allotment under subsection (c) for the purpose of carrying out 1 or more of the following activities: (i) Establishing and implementing a framework for identifying English learners that includes not less than 4 levels of English proficiency that— (I) can reasonably be measured; (II) are based on actual student performance; and (III) shall be used for identification, placement in English language instruction, reporting, and accountability purposes. (ii) Establishing and implementing standardized, statewide evidence-based entrance and exit procedures, including a requirement that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State. (iii) Establishing and implementing policies to support local educational agencies as local educational agencies ensure the continuity of English learner identification and English proficiency level for students who transfer between local educational agencies. (iv) Adopting and implementing high-quality, evidence-based English language proficiency standards and matching assessments that identify not less than 4 levels of English proficiency, that are aligned with the college and career ready standards under section 1111(a)(1) adopted by the State for each grade level, and that— (I) set high expectations regarding academic achievement and linguistic proficiency for English learners at all levels of proficiency; and (II) support teachers as teachers enhance instruction to support English learners. (v) Establishing and implementing systems and policies to encourage and facilitate the sharing of highly effective practices for serving English learners among local educational agencies. (vi) Developing, in States where 20 percent of the English learner population has the same native language and a minimum of 10,000 students speak that language, native-language content assessments for students of that language group who cannot yet access the content in English, and incorporating the results of those assessments into the accountability system established under section 1111(a)(3) and 1116. (vii) Providing technical assistance to local educational agencies regarding professional development and family and community outreach and engagement. (viii) As appropriate, providing competitive grants to support improved outreach and school readiness in early education settings. (ix) As appropriate, developing curricula appropriate for dual-language instructional environments. (x) Planning, administration, and interagency coordination. (B) Limitation A State may use not more than one-third of the amount reserved under subparagraph (A) or $175,000, whichever is greater, for the activities described in subparagraph (A)(x). (c) Reservations and allotments (1) Reservations From the amount appropriated under section 3(j) for each fiscal year, the Secretary shall reserve— (A) 0.5 percent or $5,000,000 of such amount, whichever is greater, for payments to eligible entities that are defined under section 3112(a) for activities, approved by the Secretary, consistent with this subpart; (B) 0.5 percent of such amount for payments to outlying areas, to be allotted in accordance with their respective needs for assistance under this subpart (as determined by the Secretary), for activities that are approved by the Secretary and consistent with the purposes of this subpart; (C) 3.5 percent of such amount for national activities under subpart 3, except that not more than 0.5 percent of such amount shall be reserved for evaluation activities conducted by the Secretary and not more than $2,000,000 of such amount may be reserved for the National Clearinghouse for English Learner Support and Educational Programs described in section 3203; and (D) 3 percent of such amount for technical assistance provided to States under section 3122(c). (2) State allotments (A) In general Except as provided in subparagraph (B), from the amount appropriated under section 3(j) for each fiscal year that remains after making the reservations under paragraph (1), the Secretary shall allot to each State educational agency having a plan approved under section 3113(c)— (i) an amount that bears the same relationship to 80 percent of the remainder as the number of English learners in the State bears to the number of English learners in all States, as determined by using data in accordance with paragraph (3); and (ii) an amount that bears the same relationship to 20 percent of the remainder as the number of immigrant children and youth in the State bears to the number of such children and youth in all States, as determined based only on data available from the American Community Survey conducted by the Department of Commerce. (B) Minimum allotments No State educational agency shall receive an allotment under this paragraph that is less than $500,000. (C) Reallotment If any State educational agency described in subparagraph (A) does not submit a plan to the Secretary for a fiscal year, or submits a plan (or any amendment to a plan) that the Secretary, after reasonable notice and opportunity for a hearing, determines does not satisfy the requirements of this subpart, the Secretary shall reallot any portion of such allotment to the remaining State educational agencies in accordance with subparagraph (A). (D) Special rule for puerto rico The total amount allotted to Puerto Rico for any fiscal year under subparagraph (A) shall not exceed 0.5 percent of the total amount allotted to all States for that fiscal year. (3) Use of data for determinations In making State allotments under paragraph (2)(A)(i) for each fiscal year, the Secretary shall determine the number of English learners in a State and in all States, for each fiscal year, using the most accurate, up-to-date data, which may be— (A) data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates; (B) the number of students assessed as not having attained English language proficiency, based on the State's English language proficiency assessment under section 1111(a)(2)(D), which may be multi-year estimates; or (C) a combination of data available under subparagraphs (A) and (B). 3112. Native American and Alaska Native children in school (a) Eligible entities For the purpose of carrying out programs under this part for individuals served by elementary schools, secondary schools, and postsecondary schools operated predominately for Native American children (including Alaska Native children), the following shall be considered to be an eligible entity: (1) An Indian tribe. (2) A tribally sanctioned educational authority. (3) A Native Hawaiian or Native American Pacific Islander native language educational organization. (4) An elementary school or secondary school that is operated or funded by the Bureau of Indian Education of the Department of the Interior, or a consortium of such schools. (5) An elementary school or secondary school operated under a contract with or grant from the Bureau of Indian Education of the Department of the Interior, in consortium with another such school or a tribal or community organization. (6) An elementary school or secondary school operated by the Bureau of Indian Education of the Department of the Interior and an institution of higher education, in consortium with an elementary school or secondary school operated under a contract with or grant from the Bureau of Indian Education of the Department of the Interior or a tribal or community organization. (b) Submission of applications for assistance Notwithstanding any other provision of this part, an entity that is considered to be an eligible entity under subsection (a) that desires to receive Federal financial assistance under this subpart, shall submit an application to the Secretary. (c) Special rules (1) Ineligibility for multiple awards for same period An eligible entity described in subsection (a) that receives a grant under this section shall not be eligible to receive a subgrant under section 3114 for the same period. (2) Native american language programs An eligible entity described in subsection (a) that receives a grant under this section may, in addition to other activities supported under this subpart, use the grant funds to support Native American language immersion programs and Native American language restoration programs, which may be taught by traditional or tribal leaders. 3113. State educational agency plans (a) Plan required Each State educational agency desiring a grant under this subpart shall submit a plan to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents Each plan submitted under subsection (a) shall— (1) describe the process that the agency will use in awarding subgrants to eligible entities under this subpart; (2) include high-quality, evidence-based English language proficiency standards aligned with the college and career ready standards adopted by the State and described in section 1111(a)(1) for each grade level that— (A) set high expectations regarding academic achievement and linguistic proficiency for English learners at all levels of proficiency; and (B) support teachers as teachers enhance curriculum and instruction to support English learners; (3) include a statewide framework for identifying, supporting, and exiting English learners that— (A) is aligned with the English language proficiency standards described in paragraph (2); and (B) includes not less than 4 levels of proficiency; (4) describe the statewide framework adopted under paragraph (3), including a justification for the number of levels of proficiency, the defining characteristics of each level, and a description of the extent to which students can use the English language to access rigorous academic content at each level of English language proficiency; (5) include a State English language proficiency assessment system that— (A) is valid, reliable, and aligned to the English language proficiency standards described in paragraph (2) and the statewide framework described in paragraph (3); and (B) provides relevant information to educators to better meet the needs of the English learners being served; (6) describe how the State will ensure that— (A) each student is proficient in academic English not more than 5 years after being identified as an English learner; and (B) in the case of a student who is an English learner who will graduate from secondary school in less than 5 years of being identified as an English learner— (i) such English learner student will receive not less than 5 years of services to help the student attain English proficiency; (ii) such English learner student will continue to receive services to gain English proficiency after graduation from secondary school, through a memorandum of understanding between the local educational agency and a local institution of higher education; and (iii) if such English learner student does not attain English proficiency not more than 5 years after being identified as an English learner, the student will not be counted as a graduating student in the State or local educational agency's calculation of the graduation rates; (7) provide an assurance the State will include English language proficiency assessment results as a representative and significant portion of the State-designed professional growth and improvement system, and a description of the process for doing so; (8) provide an assurance the State will include English language proficiency assessment results as a significant portion of the State-designed professional growth and improvement system for all teachers of English learners, and a description of the process for doing so; (9) describe how the State educational agency will support local educational agencies in assisting English learners in acquiring proficiency in each of the 4 language domains of reading, writing, speaking, and listening, as measured by the State’s English language proficiency assessment; (10) describe how the State educational agency will encourage and facilitate the sharing of highly-effective practices for serving English learners among local educational agencies, and, to the extent practicable, early childhood education programs; (11) describe how the State educational agency will coordinate programs and activities carried out under this subpart with the other programs and activities that such agency carries out under this Act, the Individuals with Disabilities Education Act, the Carl D. Perkins Career and Technical Education Act of 2006, the Head Start Act, the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. 29 U.S.C. 2801 et seq. (12) describe how the agency will assist eligible entities in increasing the extent to which English learners acquire English language proficiency within the time frame described in paragraph (6), as informed by evidence-based practices; (13) provide an assurance eligible entities in the State will be given the flexibility to teach English learners using a language instruction curriculum that has been demonstrated to be effective; (14) describe how the agency will manage subgrants awarded under this subpart, including— (A) how the agency will ensure subgrant funds are expended to support the provision of services to help English learners achieve English language proficiency and meet the State’s college and career ready academic content standards, which may include using an evidence-based language instruction curriculum; (B) how the agency will monitor eligible entities receiving a subgrant under this subpart to ensure compliance with applicable Federal fiscal requirements, while also assisting such entities in building their capacity to offer high-quality services; and (C) how the agency will, in awarding subgrants under section 3114, address the needs of local educational agencies of all sizes and in all geographic areas, including local educational agencies that serve rural and urban schools; (15) identify the lowest performing local educational agencies in the State (regarding English proficiency) and describe how the State will ensure that those local educational agencies improve; and (16) provide an assurance the plan has been developed in consultation with local educational agencies, teachers, administrators of programs described under this part, parents, family members, community partners, and other relevant stakeholders. (c) Approval (1) In General The Secretary, after using a peer review process, shall approve a plan submitted under subsection (a) if the plan meets the requirements of this section. (2) Frequency and duration The State shall resubmit the plan submitted under subsection (a) every 4 years, and such resubmissions shall coincide with the years that the State submits a State plan under title I in accordance with section 1111(b)(3)(C). (3) Additional information (A) Amendments If a State educational agency amends the plan approved under this subsection, the agency shall submit the amendment to the Secretary. (B) Approval The Secretary shall approve an amendment to an approved plan, unless the Secretary determines that the amendment will result in the agency not meeting the requirements, or fulfilling the purposes, of this part. (d) Consolidated plan A plan submitted under subsection (a) may be submitted as part of a consolidated State plan. (e) Secretary assistance The Secretary shall provide technical assistance, if requested, in the development of English language proficiency standards, performance targets, and assessments. 3114. Within-State allocations (a) In general After making the reservation required under subsection (d)(1), each State educational agency receiving a grant under section 3111(c)(2) shall award subgrants for a fiscal year by allocating, in a timely manner, to each eligible entity in the State having a plan approved under section 3116, an amount that bears the same relationship to the amount received under the grant and remaining after making such reservation as the population of English learners in public and nonpublic schools served by the eligible entity bears to the population of English learners in public and nonpublic schools served by all eligible entities in the State. (b) Limitation A State educational agency shall not award a subgrant from an allocation made under subsection (a) if the amount of such subgrant would be less than $10,000. (c) Reallocation Whenever a State educational agency determines that an amount from an allocation made to an eligible entity under subsection (a) for a fiscal year will not be used by the entity for the purpose for which the allocation was made, the agency shall, in accordance with such rules as the agency determines to be appropriate, reallocate such amount, consistent with such subsection, to other eligible entities in the State that the agency determines will use the amount to carry out that purpose. (d) Required reservation A State educational agency receiving a grant under this subpart for a fiscal year— (1) shall reserve not more than 15 percent of the agency’s allotment under section 3111(c)(2) to award subgrants to eligible entities in the State that have experienced a significant increase, as compared to the average of the 2 preceding fiscal years, in the percentage or number of immigrant children and youth, including students with interrupted formal education, who have enrolled, during the fiscal year preceding the fiscal year for which the subgrant is made, in public and nonpublic elementary schools and secondary schools in the geographic areas under the jurisdiction of, or served by, such entities; and (2) in awarding subgrants under paragraph (1)— (A) shall consider eligible entities that satisfy the requirement of such paragraph but have limited or no experience in serving immigrant children and youth, including students with interrupted formal education; (B) shall consider eligible entities that experience a significant increase in the percentage of immigrant children and youth served, including students with interrupted formal education, and eligible entities that experience a significant increase in the number of immigrant children and youth served, including students with interrupted formal education; and (C) shall consider the quality of each local plan under section 3116 and ensure that each subgrant is of sufficient size and scope to meet the purposes of this part. 3115. Subgrants to eligible entities (a) Purposes of subgrants A State educational agency may make a subgrant to an eligible entity from funds received by the agency under this subpart only if the entity agrees to expend the funds to supplement the education of English learners by helping English learners learn English and meet the State college and career ready academic content and student academic achievement standards. The eligible subgrantee shall carry out activities with such funds, using evidence-based approaches and methodologies that have been demonstrated to be effective for teaching English learners and immigrant children and youth, for the following purposes: (1) Developing and implementing new language instruction educational programs and academic content instruction programs for English learners and immigrant children and youth, including early childhood education programs, elementary school programs, and secondary school programs. (2) Carrying out highly-focused, innovative, locally designed, evidence-based activities to expand or enhance existing language instruction educational programs and academic content instruction programs for English learners and immigrant children and youth. (3) Implementing, within an individual school, whole school programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immigrant children and youth. (4) Implementing, within the entire jurisdiction of a local educational agency, agencywide programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immigrant children and youth. (b) Administrative expenses Each eligible entity receiving funds under section 3114(a) for a fiscal year may use not more than 2 percent of such funds for the cost of administering this subpart. (c) Allowable activities An eligible entity that receives a subgrant under section 3114 may use subgrant funds to meet the academic and language needs of English learners, in order to meet the performance targets described under section 3121, by carrying out the following activities: (1) (A) Developing an individual performance target for each English learner that is not less than the rate of growth in English proficiency necessary for the student to achieve proficiency not more than 5 years after being identified as an English learner; and (B) in the case of a student who will graduate from secondary school in less than 5 years, ensuring that— (i) such student will receive not less than 4 years of services to help the student attain English proficiency; (ii) the student will continue to receive services to gain English proficiency after graduation from secondary school, through a partnership between the local educational agency and a local institution of higher education; and (iii) if a student described in this subparagraph does not attain English proficiency not more than 5 years after being identified as an English learner, the student will not be counted as a graduating student in the local educational agency's calculation of the graduation rates. (2) Developing and carrying out sustained, long term, job-embedded, data-driven professional development for educators that includes— (A) specific knowledge and skills school leaders need to— (i) implement evidence-based strategies to create positive conditions for learning; (ii) create conditions for learning; (iii) support effective, evidence-based instructional programs; (iv) design comprehensive professional growth plans for educators who serve English learners; (v) develop the capacity of content-area teachers to meet the unique cultural, language, and academic needs of English learners; and (vi) meet the unique needs, cultural and otherwise, of families of English learners; (B) specific knowledge and skills teachers of English learners need to— (i) implement evidence-based instructional strategies for improving English learner acquisition of academic language; (ii) meet the academic and language needs of English learners of different ages; and (iii) meet the unique needs, cultural and otherwise, of families of English learners; and (C) specific knowledge and skills content-area teachers need to— (i) adapt, accommodate, and enhance academic content curricula and assessments, to the greatest extent practicable, to ensure that English learners can access academic content while maintaining the high expectations necessary to meet the performance targets described under section 3121 and the college and career ready standards described in section 1111(a)(1); (ii) execute evidence-based instructional strategies for improving English learner acquisition of content-specific language and concepts; (iii) execute evidence-based instructional practices for improving English learner acquisition of academic language; and (iv) meet the unique needs, cultural and otherwise, of families of English learners. (3) Implementing and carrying out opportunities for teachers of English learners and content-area teachers to plan collaboratively during contract hours. (4) Implementing or enhancing schoolwide data analysis and intervention teams to improve the achievement of English learners. (5) Developing, implementing, and carrying out not less than 1 of the following family engagement strategies: (A) Implementing community school models and related activities, such as opening school facilities to community-based organizations, establishing parent institutes, operating or supporting co-location with family literacy programs, and establishing co-location with public assistance programs. (B) Providing compensatory time to allow teachers to conduct home visits, or establishing a home visiting program in collaboration with a community-based organization. (C) Establishing native language family outreach call centers. (D) Other evidence-based outreach strategies. (6) As necessary, acquiring evidence-based curricular and instructional materials designed to meet the needs of English learners. (d) Activities by agencies experiencing substantial increases in immigrant children and youth (1) In general An eligible entity receiving funds under section 3114(d)(1) shall use the funds to pay for activities that provide enhanced instructional opportunities for immigrant children and youth, including students with interrupted formal education, which may include— (A) family literacy, parent and family outreach, and leadership development activities designed to assist parents and family members in becoming engaged participants in the education and development of their children; (B) recruitment of, and support for, personnel, including early childhood educators, teachers, and paraprofessionals who have been specifically trained, or are being trained, to provide services to immigrant children and youth; (C) the provision of tutorials, mentoring, and academic or career counseling for immigrant children and youth; (D) identification, development, and acquisition of curricular materials, educational software, and technologies to be used in the program carried out with funds awarded under section 3114(a); (E) basic instructional services that are directly attributable to the presence in the local educational agency involved of immigrant children and youth, including the payment of costs of providing additional classroom supplies and costs of transportation; (F) such other costs that are directly attributable to such additional basic instructional services or that are designed to assist immigrant children and youth to achieve in elementary schools and secondary schools in the United States, such as programs of introduction to the educational system and civics education; and (G) activities, coordinated with community-based organizations (including community-based organizations providing early childhood education programs), institutions of higher education, private sector entities, or other entities with expertise in working with immigrants, to assist parents of immigrant children and youth by offering comprehensive community services. (2) Duration of subgrants The duration of a subgrant made by a State educational agency under section 3114(d)(1) shall be determined by the agency in the agency's discretion. (e) Selection of method of instruction (1) In general An eligible entity receiving a subgrant from a State educational agency under this subpart shall select 1 or more methods or forms of evidence-based instruction to be used in the programs and activities undertaken by the entity in assisting English learners in attaining English language proficiency and meeting State college and career ready academic content standards and student academic achievement standards under section 1111(a)(1) in order to be college and career ready. (2) Consistency The selection of methods or forms of instruction, as described under paragraph (1), shall be consistent with sections 3125 through 3128. (f) Supplement, Not Supplant Federal funds made available under this subpart shall be used so as to supplement the level of Federal, State, and local public funds that, in the absence of such availability, would have been expended for programs for English learners and immigrant children and youth and in no case to supplant such Federal, State, and local public funds. 3116. Local plans (a) Plan required Each eligible entity desiring a subgrant from a State educational agency under section 3114 shall submit a plan to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. (b) Contents Each plan submitted under subsection (a) for a subgrant under section 3114(a) shall, at a minimum— (1) describe the evidence-based programs and activities proposed to be developed, implemented, and administered under the subgrant, including how such programs and activities will enable children to speak, read, write, and comprehend the English language, meet State college and career ready academic content standards and student academic achievement standards under section 1111(a)(1), and be college and career ready; (2) describe how the eligible entity will hold elementary schools and secondary schools receiving funds under this subpart accountable for— (A) assessing annually, in accordance with section 1111(a)(2)(D), the English language proficiency of all English learners participating in programs funded under this subpart; and (B) meeting timelines, progress criteria, and performance targets for English learners in order to ensure that students served by programs carried out under this part— (i) achieve English proficiency; and (ii) meet the State’s college and career ready academic content standards under section 1111(a)(1); (3) describe how the eligible entity will engage family and community members and involve them in activities carried out using subgrant funds; (4) describe how the eligible entity will consult with teachers, researchers, school administrators, parents, family and community members, and, if appropriate, education-related community groups and nonprofit organizations, and institutions of higher education, in developing and implementing such plan; (5) describe how language instruction and academic content instruction carried out under the subgrant will ensure that English learners being served by the programs develop English language proficiency and demonstrate such proficiency through academic content mastery; (6) describe how the eligible entity will, if applicable, coordinate activities under the plan with local Head Start and Early Head Start agencies, including migrant and seasonal Head Start agencies, and other early childhood education providers; and (7) contain an assurance that— (A) the eligible entity is not in violation of State law, including State constitutional law, regarding the education of English learners, consistent with sections 3124 through 3128; (B) each local educational agency that is included in the eligible entity complies with section 3202 prior to, and throughout, each school year; and (C) in developing the plan, the eligible entity considered how best to target funds to schools with high concentrations of English learners and to support continuous improvement in the services offered to English learners in the area served by the eligible entity. (c) Teacher english fluency Each eligible entity receiving a subgrant under this subpart shall include in the plan a certification that all teachers in any language instruction educational program for English learners that is, or will be, funded under this part are fluent in the language used for instruction, including having written and oral communications skills. 2 Accountability and administration 3121. Local evaluation and accountability (a) Evaluation (1) In General Each eligible entity that receives a subgrant from a State educational agency under subpart 1 shall provide such agency, at the conclusion of every second fiscal year during which the subgrant is received, with an evaluation, in a form prescribed by the agency, that includes— (A) a description of the programs and activities conducted by the entity with funds received under subpart 1 during the 2 immediately preceding fiscal years; (B) a description of the progress made by children in learning the English language as measured by the State English language proficiency assessment described in section 3113(b)(5) and meeting college and career ready academic content standards and student academic achievement standards under section 1111(a)(1); (C) the number and percentage of children in the programs and activities who meet the target established under section 3113(b)(6)(A); and (D) a description of the progress made by children in meeting college and career ready academic content standards and student academic achievement standards under section 1111(a)(1) for each of the 2 years after such children are no longer receiving services under this part; and (E) a description of the progress made by former English learners in meeting college and career ready academic content standards and student achievement standards under section 1111(a)(1). (2) Use of Evaluation An evaluation provided by an eligible entity under paragraph (1) shall be used by the entity and the State educational agency— (A) for improvement of programs and activities; (B) to determine the effectiveness of programs and activities in assisting children who are English learners to attain English proficiency, as measured in a way that is consistent with paragraph (4), and meet college and career ready academic content standards and student academic achievement standards under section 1111(a)(1); and (C) in determining whether or not to continue funding for specific programs or activities. (3) Evaluation Components An evaluation provided by an eligible entity under paragraph (1) shall— (A) provide an evaluation of children enrolled in a program or activity conducted by the entity using funds under subpart 1 (including the percentage of children) who— (i) are making progress in attaining English proficiency, including the percentage of children who have achieved English proficiency; (ii) have transitioned into classrooms not tailored to English learners, and have a sufficient level of English proficiency to permit them to achieve in English and transition into classrooms not tailored to limited English learners; (iii) are meeting the academic content and student academic achievement standards described in section 1111(a); and (iv) are not exempted from the State reading or language arts academic assessment in accordance with section 1111(a)(2)(B)(v)(II); and (B) include such other information as the State educational agency may require. (4) Evaluation Measures A State shall approve evaluation measures for use under paragraph (3) that are designed to assess— (A) the progress of children in attaining English proficiency, including a child's level of comprehension, speaking, listening, reading, and writing skills in English; (B) student attainment of college and career ready student academic achievement standards under section 1111(a)(1) on assessments described in section 1111(a)(2); and (C) progress in meeting the annual State performance targets described in section 3122. (b) Accountability (1) In general Each eligible entity that receives a subgrant from a State educational agency under this part shall annually reach an agreement with the State educational agency on a local English proficiency performance target for the percentage of English learners served by the eligible entity under this part who are making progress in achieving English proficiency not more than 5 years after being identified as an English learner. For purposes of this paragraph, English proficiency shall be measured using the English language proficiency assessment described in section 3113(b)(5). (2) Students who will graduate in less than 5 years In the case of a student who will graduate from secondary school in less than 5 years, if such student does not attain English proficiency not more than 5 years after being identified as an English learner, the student shall not be counted as a graduating student in the local educational agency's calculation of the graduation rates. (3) Technical assistance During the development of the improvement plan described in paragraph (4), and throughout the implementation of such plan, the State educational agency shall— (A) provide technical assistance to the eligible entity; (B) provide technical assistance, if applicable, to schools served by the eligible entity under subpart 1 that need assistance to enable the schools to meet the eligible entity's local performance target described in paragraph (1); (C) assist the eligible entity in improving the professional development described in section 3115(c)(2) that such eligible entity is providing to educators; and (D) develop, in consultation with the eligible entity, a plan to incorporate evidence-based strategies and methodologies to improve the specific program or method of instruction provided to English learners. (4) Accountability (A) 2-Year Accountability If an eligible entity fails to meet the local performance target described in paragraph (1) for 2 consecutive years, the State educational agency shall— (i) identify such eligible entity as being in need of improvement; and (ii) require the eligible entity to develop and implement an improvement plan. (B) Entities in need of improvement If an eligible entity fails to meet the local performance targets described in paragraph (1) a year after being identified as being in need of improvement, as described in subparagraph (A)(i), the State educational agency shall— (i) identify such eligible entity as being in need of State support; (ii) require such eligible entity to develop and implement a plan to modify the entity’s curriculum, program, and method of instruction; and (iii) submit such plan to the State educational agency for approval. (C) Entities in need of State support If an eligible entity fails to meet the local performance targets described in paragraph (1) a year after being identified as being in need of State support, as described in subparagraph (B)(i), the State educational agency shall— (i) identify such eligible entity as being in need of State action; (ii) manage the subgrant funds and the eligible entity's subgrant programs for 4 years, or until the local performance target is reached if such target is reached in less than 4 years; and (iii) after 4 years, or after the local performance target is reached if such target is reached in less than 4 years, institute a 2-year probationary period, during which the State educational agency shall once again manage the subgrant funds and programs if the eligible entity fails to meet the local performance target at any time during the probationary period. 3122. State accountability (a) In general Each State educational agency, with input from subgrantees, shall establish in the State plan submitted under section 3113, a State performance target for the percentage of English learners served by the State under this part who are making progress in achieving English proficiency not more than 5 years after being identified as an English learner. The State performance target established under this subsection shall be subject to approval by the Secretary. Each State educational agency shall ensure that the local performance targets described in section 3121(b)(1) result, in the aggregate, in the State achieving the State’s performance target for English learners. (b) Improvement plan If a State educational agency has failed to meet the State's performance target for 2 consecutive years, the Secretary shall require the State educational agency to develop an improvement plan that will ensure that the State educational agency meets the State performance target. The improvement plan shall specifically address the factors that prevented the agency from meeting such performance target. (c) Technical assistance During the development of the improvement plan described in subsection (b), and throughout the implementation of such plan, the Secretary shall— (1) provide technical assistance to the State educational agency using the funds described in section 3111(c)(1)(D); (2) assist the State educational agency in developing a plan to improve and disseminate the professional development described in section 3115(c)(2); and (3) develop, in consultation with the State educational agency, a plan to incorporate evidence-based strategies and methodologies to improve the specific programs and method of instruction in use in such State. (d) Accountability (1) In General If a State educational agency fails to meet its performance target for 4 consecutive years, the Secretary shall— (A) require such State educational agency to modify its State plan and the methods of instruction in use in the State; or (B) require such State educational agency to— (i) identify low-performing local educational agencies in the State; (ii) develop and implement a plan to partner such low-performing local educational agencies with high-performing local educational agencies in the State that have met the local performance targets for the previous 3 years; and (iii) reallocate any grant funding under this part that would have otherwise been distributed to an identified low-performing local educational agency to such agency's high-performing partner local educational agency, as described in clause (ii), to enable the high-performing partner agency to provide technical assistance. (2) Students who will graduate in less than 5 years In the case of a student who will graduate from secondary school in less than 5 years, if such student does not attain English proficiency not more than 5 years after being identified as an English learner, the student shall not be counted as a graduating student in the State educational agency's calculation of the graduation rates. 3123. Reporting requirements (a) States Each State educational agency that receives assistance under this part shall provide annually to the Secretary, and make widely available within the State, a report containing information about— (1) the State’s progress in developing and implementing the English language proficiency standards described in section 3111(b)(2)(A)(iv); (2) the achievement, academic growth, and acquisition of English language proficiency of students served under this part; (3) programs and activities carried out by the State educational agency under this part; and (4) the effectiveness of such programs and activities in improving the education provided to English learners. (b) Secretary Every second year, the Secretary shall prepare and submit to the authorizing committees of Congress a report containing— (1) information about programs and activities carried out to serve English learners under this part, and the effectiveness of such programs and activities in improving the academic achievement and English proficiency of English learners; (2) information about the types of language instruction educational programs used by eligible entities receiving funding under this part to teach English learners; (3) a critical synthesis of data reported by eligible entities to States under section 3121(a)(3); (4) a description of technical assistance and other assistance provided by State educational agencies under section 3111(b)(2)(A); (5) an estimate of the number of certified or licensed teachers working in language instruction educational programs and educating English learners, and an estimate of the number of such teachers that will be needed for the succeeding 5 fiscal years; (6) the major findings of scientifically based research carried out under this part; (7) the number of programs or activities, if any, that were subject to accountability measures described in section 3121(b)(4) due to a failure to meet local performance targets; (8) the number of English learners served by eligible entities receiving funding under this part who were transitioned out of language instruction educational programs funded under this part into classrooms where instruction is not tailored for English learners; and (9) other information gathered from other reports submitted to the Secretary under this part, as applicable. 3124. Coordination with related programs In order to maximize Federal efforts aimed at serving the educational needs of English learners, the Secretary shall coordinate and ensure close cooperation with other entities carrying out programs serving language-minority and English learners that are administered by the Department and other agencies. 3125. Rules of construction Nothing in this part shall be construed— (1) to prohibit a local educational agency from serving English learners simultaneously with children with similar educational needs, in the same educational settings where appropriate; (2) to require a State or a local educational agency to establish, continue, or eliminate any particular type of instructional program for English learners; (3) to limit the preservation or use of Native American languages; or (4) to prohibit the use of dual language programs to serve the needs of English learners and children with similar educational needs, in the same educational setting as appropriate. 3126. Legal authority under State law Nothing in this part shall be construed to negate or supersede State law, or the legal authority under State law of any State agency, State entity, or State public official, over programs that are under the jurisdiction of the State agency, entity, or official. 3127. Civil rights Nothing in this part shall be construed in a manner inconsistent with any Federal law guaranteeing a civil right. 3128. Programs for Native Americans and Puerto Rico Notwithstanding any other provision of this part, programs authorized under this part that serve Native American (including Native American Pacific Islander) children and children in the Commonwealth of Puerto Rico may include programs of instruction, teacher training, curriculum development, evaluation, and assessment designed for Native American children learning and studying Native American languages and children of limited Spanish proficiency, except that an outcome of programs serving such children shall be increased English proficiency among such children. 3129. Prohibition In carrying out this part, the Secretary shall neither mandate nor preclude the use of a particular curricular or pedagogical approach to educating English learners. 3 National activities 3131. Professional Development Grants (a) Grants Authorized The Secretary shall use funds made available under section 3111(c)(1)(C) to award grants, on a competitive basis and for a period of not more than 5 years, to institutions of higher education or nonprofit institutions with relevant experience or expertise and capacity (in consortia with State educational agencies or local educational agencies) in order to enable such consortia to— (1) provide for professional development activities that will improve classroom instruction for English learners; (2) assist educational personnel working with English learners to meet high professional standards, including standards for certification and licensure as teachers who work in language instruction educational programs and academic content instruction programs or serve English learners. (b) Uses of funds Grants awarded under this section may be used to— (1) support partnerships between State or local educational agencies and institutions of higher education to support the work of individuals who are completing baccalaureate and masters programs (such as programs in the areas of teacher training, program administration, policy, research, evaluation, assessment, and curriculum development) and to improve educational services and programs for English learners, provided that recipients of fellowships or assistance are required, on completion of their studies, to— (A) assist in the education of English learners through work in a school, local educational agency, or other educational agency or organization for a period of time equivalent to the period of time during which the individual receives assistance under this section; or (B) repay all or a prorated part of the financial assistance received under this section; (2) support research on promising instructional strategies or programs that have practical applications for teachers, counselors, parents and family members, school leaders, and others responsible for educating or improving the education of English learners and their families; (3) support strategies that promote school readiness for English learners and the transition from early childhood education programs, such as Head Start or State preschool programs, to elementary school programs; (4) support strategies that promote high school graduation for English learners; (5) support strategies that strengthen and increase family and community member engagement in education; (6) support the development of curricula that are appropriate to the needs of the participating consortium; and (7) support the dissemination of information gathered in accordance with paragraphs (1) through (5), particularly evidence-based best practices and the provision of technical assistance. 3132. Commission on the assessment and advancement of English learners (a) Commission on assessment of english learners (1) In general The Secretary shall establish an independent commission on the assessment and advancement of English learners (referred to in this section as the commission (2) Date of appointment The members of the commission shall be appointed not later than 6 months after the date of enactment of the Strengthening America’s Schools Act of 2013 (b) Composition (1) In general The commission shall be comprised of individuals with experience and expertise in the educational advancement and development of English learners, including individuals with expertise in— (A) the practice of teaching English to speakers of other languages; (B) measurement and educational assessment systems; and (C) educational assessment and accountability practices. (2) Expertise of members The Secretary shall ensure that the individuals selected in accordance with paragraph (1) are experts who are competent, by virtue of their training, expertise, or experience, to evaluate instruction, assessments, and models for English learners. (c) Duties of the commission The commission shall provide the Secretary with advice and recommendations about the following issues: (1) The development and approval of standards pertaining to English learners, in order to assist the Secretary in the review and approval of statewide accountability systems that are required under section 3113(b)(5) and section 1111(a)(3). (2) The provision of regulations and guidance pertaining to the inclusion of English learners in assessment and accountability systems, including recommendations about appropriate accommodations and appropriate weights for assessments involving English learners, including the English language proficiency assessments described in section 3113(b)(5). (3) Ensuring that State English language proficiency standards under section 3113(b)(2) and section 1111(a)(1)(D) are properly aligned with college and career ready academic content standards under section 1111(a)(1). (4) The formation of peer review panels, under section 1111(b)(4), with regard to— (A) the inclusion on the panels of experts about English learners; and (B) processes to ensure that the work of the peer review panel is consistent with the standards and guidance developed by the commission. (5) Identifying ways to support local capacity-building efforts to assist local educational agencies and schools in properly supporting English learners. (6) Ensuring that the research, development, and dissemination activities of the Department address identified gaps in knowledge for effectively including English learners in assessment and accountability practices. (7) Ways to address the needs of English learners in all program planning at the Department, including inter- and intra-agency coordination. (8) The development of improved early learning assessment strategies and instruments that take into account the development of English learners across all of the essential domains of school readiness. (d) Independently commissioned research The commission may independently commission research that is directly relevant to the implementation of accountability provisions under this Act for English learners. (e) Annual report The commission shall, beginning not later than 1 year after the date on which all members of the commission have been appointed, submit an annual report to the Secretary and the authorizing committees of Congress containing the recommendations described in subsection (c). 3133. English language acquisition technology innovation grants (a) Purposes The Secretary shall use funds made available under section 3111(c)(1)(C) to provide English language acquisition technology innovation grants for purposes of pursuing breakthrough research and development in educational technology and providing the effective use of that technology to improve English proficiency and academic achievement for English learners, by— (1) identifying and promoting advances in fundamental and applied sciences and engineering that could be translated into new language learning or instruction technologies; (2) developing novel language learning or instruction technologies, and the enabling processes and contexts for effective use of those technologies; (3) developing, testing, and evaluating the impact and efficacy of those technologies; (4) accelerating technological advances in areas in which the private sector, by itself, is not likely to accelerate such advances because of difficulties in implementation or adoption, or technical and market uncertainty; (5) coordinating activities with nongovernmental entities to demonstrate technologies and research applications to facilitate technology transfer; and (6) encouraging educational research on English language acquisition using new technologies and the data produced by those technologies. (b) Authorities of Secretary The Secretary is authorized to— (1) establish processes for the development and execution of English language acquisition technology innovation grant projects and the solicitation of entities to carry out the projects in a manner that is— (A) tailored to the purposes of the English language acquisition technology innovation grants and not constrained by other Department-wide administrative requirements that could detract from achieving program results; (B) designed to heighten transparency; and (C) designed to heighten public and private sector involvement to ensure that investments are made in the most promising areas; (2) award grants, contracts, cooperative agreements, and cash prizes, and enter into other transactions (in accordance with such regulations as the Secretary may establish regarding other transactions); (3) obtain independent, periodic, rigorous evaluations, as appropriate, of— (A) the effectiveness of the processes being used to award and evaluate the effectiveness of the English language acquisition technology innovation grants in achieving the stated purposes; and (B) the effectiveness of individual projects assisted by English language acquisition technology innovation grants, using evidence standards developed in consultation with the Institute of Education Sciences, and the suitability of ongoing projects assisted by such grants for further investment or increased scale; (4) disseminate, through the comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9602 20 U.S.C. 9564 (5) collect, analyze, synthesize, and disseminate, through the comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9602), the regional educational laboratories system established under section 174 of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9564 (c) Evaluation funds The Secretary may use funds made available for English language acquisition technology innovation grants to pay the cost of the evaluations under subsection (b)(3). (d) Nonduplication To the maximum extent practicable, the Secretary shall ensure that grants, contracts, cooperative agreements, cash prizes, or other assistance or arrangements awarded or entered into pursuant to this section that are designed to carry out the purposes of the English language acquisition technology innovation grants do not duplicate activities under programs carried out under Federal law other than this section by the Department or other Federal agencies. B General provisions 3201. Definitions Except as otherwise provided, in this title: (1) Child The term child (2) Community-based organization The term community-based organization (3) Eligible entity The term eligible entity (A) 1 or more local educational agencies; or (B) 1 or more local educational agencies, in collaboration with an institution of higher education, community-based organization, or State educational agency. (4) Immigrant children and youth The term immigrant children and youth (A) are aged 3 through 21; (B) were not born in any State; and (C) have not been attending one or more schools in any one or more States or operated by the Department of Defense Education Authority for more than 3 full academic years. (5) Indian tribe The term Indian tribe 25 U.S.C. 450b (6) Language instruction educational program The term language instruction educational program (A) in which an English learner is placed for the purpose of developing and attaining English proficiency, while meeting college and career ready academic content standards and student academic achievement standards under section 1111(a)(1); and (B) that may make instructional use of both English and a child’s native language to enable the child to develop and attain English proficiency, and may include the participation of English-proficient children if such course is designed to enable all participating children to become proficient in English and a second language. (7) Native hawaiian or native american pacific islander native language educational organization The term Native Hawaiian or Native American Pacific Islander native language educational organization (A) a majority of its governing board and employees consisting of fluent speakers of the traditional Native American languages used in the organization’s educational programs; and (B) not less than 5 years successful experience in providing educational services in traditional Native American languages. (8) Native language The term native language (A) the language normally used by such individual; or (B) in the case of a child or youth, the language normally used by the parents of the child or youth. (9) Paraprofessional The term paraprofessional (10) State The term State (11) Tribally sanctioned educational authority The term tribally sanctioned educational authority (A) any department or division of education operating within the administrative structure of the duly constituted governing body of an Indian tribe; and (B) any nonprofit institution or organization that is— (i) chartered by the governing body of an Indian tribe to operate a school described in section 3112(a) or otherwise to oversee the delivery of educational services to members of the tribe; and (ii) approved by the Secretary for the purpose of carrying out programs under subpart 1 of part A for individuals served by a school described in section 3112(a). 3202. Parental notification (a) In general Each eligible entity receiving funds under this title to provide a language instruction educational program and academic content instruction program shall, not later than 30 days after the beginning of the school year, inform a parent or the parents of an English learner identified for participation in, or participating in, such program of— (1) the reasons for the identification of their child as an English learner and in need of placement in a language instruction educational program and academic content instruction program; (2) the child’s level of English language proficiency, how that level was assessed, whether the child is on track to achieve English proficiency not later than 5 years after being identified as an English learner, and the status of the child’s academic achievement; (3) the method 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 use of English and a native language in instruction; (4) how the program in which their child is, or will be participating, will appropriately respond to the educational strengths and needs of the child; (5) how the program will specifically help their child learn English and reflect age appropriate academic achievement standards for grade promotion and graduation; (6) the specific exit requirements for the program, the expected rate of transition from the program into classrooms that are not tailored for English learners, and the expected rate of graduation from secondary school for English learners in the program if the child is in secondary school; (7) in the case of a child with a disability, how the program meets the objectives of the child’s individualized education program; and (8) information pertaining to parental rights that includes written guidance— (A) detailing— (i) the parent’s right to have the parent’s child immediately removed from the program upon the parent’s request; and (ii) the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and (B) 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) Separate notification In addition to providing the information required to be provided under subsection (a), each eligible entity that is using funds provided under this title to provide a language instruction educational program, and that has failed to make progress on the local performance targets described in section 3121(b) for any fiscal year for which part A is in effect, shall separately inform a parent or the parents of a child identified for participation in such program, or participating in such program, of such failure not later than 30 days after the eligible entity receives notification of such failure from the State. (c) Receipt of information The information described in subsection (a) shall be provided in an understandable and uniform format and, to the extent practicable, in a language that the parent can understand. (d) Special rule applicable during school year For a child who has not been identified for participation in a language instruction educational program and academic content instruction program prior to the beginning of the school year, the eligible entity shall carry out subsections (a) and (b) with respect to the parents of the child not later than 2 weeks after the child is placed in such program. (e) Parent and family engagement (1) In general Each eligible entity using funds provided under this title to provide a language instruction educational program and academic content instruction program shall implement an effective means of outreach to parents and family members of English learners to inform such parents and family members of how they can— (A) be full partners in the education of their children, including ensuring that immigrant parents and family members are well informed about the elements of the educational system in the United States; and (B) be active participants in assisting their children— (i) to learn English; (ii) to achieve at high levels in core academic subjects; (iii) to meet the same college and career ready academic content standards and student academic achievement standards under section 1111(a)(1) as all children are expected to meet to become college and career ready; and (iv) to understand expectations for college readiness and career success. (2) Receipt of recommendations The outreach described in paragraph (1) shall include holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents described in such paragraph. (f) Basis for admission or exclusion A child shall not be admitted to, or excluded from, any Federally assisted education program on the basis of a surname or language-minority status. 3203. National Clearinghouse The Secretary shall establish and support the operation of a National Clearinghouse for English Learner Support and Educational Programs, which shall collect, analyze, synthesize, and disseminate information about programs that support the academic achievement of English learners, and related programs. The National Clearinghouse shall — (1) be administered as an adjunct clearinghouse of the Educational Resources Information Center clearinghouses system supported by the Institute of Education Sciences; (2) coordinate activities with Federal data and information clearinghouses and entities operating Federal dissemination networks and systems; (3) develop a system for improving the operation and effectiveness of programs that receive Federal funding that serve English learners; (4) collect and disseminate information on— (A) educational research and processes related to the education of English learners; (B) accountability systems that monitor the academic progress of English learners in language instruction educational programs, including information on academic content and English proficiency assessments for language instruction educational programs; (C) effective practices for meeting the academic and cultural needs of English learners; and (D) effective practices for engaging the families and caretakers of English learners; and (5) publish, on an annual basis, a list of grant recipients under this title. 3204. Regulations In developing regulations under this title, the Secretary shall consult with State educational agencies and local educational agencies, organizations representing English learners, and organizations representing teachers and other personnel involved in the education of English learners. . IV Supporting successful, well-rounded students 4101. Redesignations Title IV ( 20 U.S.C. 7101 et seq. (1) by striking the title heading and inserting the following: Supporting Successful, Well-Rounded Students (2) by redesignating subpart 3 of part A as subpart 1 of part G of title IX, as added by section 9105(a) of this Act, and transferring such subpart 1 so as to follow the part heading of such part G as added by section 9105(a) of this Act; (3) by redesignating section 4141 as section 9701; (4) by redesignating part C as subpart 2 of part G of title IX, as added by section 9105(a) of this Act, and transferring such subpart 2 so as to follow subpart 1 of part G of title IX, as redesignated by paragraph (2); (5) by redesignating sections 4301, 4302, 4303, and 4304, as sections 9721, 9722, 9723, and 9724, respectively; (6) in section 9721, as redesignated by paragraph (5), by striking part subpart (7) in section 9722, as redesignated by paragraph (5)— (A) in the matter preceding paragraph (1), by striking part subpart (B) in paragraph (2)(B), by striking part subpart (8) in section 9723(e)(3), as redesignated by paragraph (5), by striking the matter following subparagraph (B) and inserting the following: (C) such other matters as justice may require. ; and (9) in section 9724, as redesignated by paragraph (5), by striking part subpart 4102. Improving literacy instruction and student achievement Part A of title IV ( 20 U.S.C. 7101 et seq. A Improving literacy instruction and student achievement 1 Improving literacy instruction 4101. Short title This subpart may be cited as the Improving Literacy Instruction and Student Achievement Act 4102. Purposes The purposes of this subpart are— (1) to improve student academic achievement in reading and writing by providing Federal support to State educational agencies to develop, improve, coordinate, and implement comprehensive literacy plans that ensure high-quality instruction and effective strategies in reading and writing from birth through grade 12; and (2) to assist State educational agencies in achieving the purpose described in paragraph (1) by— (A) supporting the development and implementation of comprehensive early learning through grade 12 literacy programs in every State that are based on scientifically valid research, to ensure that every child can read and write at grade level or above; (B) providing children with learning opportunities in high-quality, language rich, literature rich, informational text rich, culturally relevant, and developmentally appropriate environments so that the children develop the fundamental knowledge and skills necessary for literacy engagement, development, and achievement in prekindergarten through grade 12; (C) educating parents in the ways the parents can support their child’s communication and literacy development; (D) supporting efforts to link and align standards and research-based instruction and teaching practices in early learning programs; (E) supporting high-quality and effective strategies for children to develop oral language, reading, and writing abilities through high-quality research-based instruction and teaching practices; (F) improving academic achievement by establishing adolescent literacy initiatives that provide explicit and systematic instruction in oral language, reading, and writing development across the curriculum; (G) identifying and supporting children reading and writing significantly below grade level by providing evidence-based, intensive interventions, including interventions conducted during extended learning time, to help the children acquire the language and literacy skills the children need to stay on track for graduation; (H) providing assistance to local educational agencies in order to provide educators with ongoing, job-embedded professional development, and other support, that focuses on— (i) effective literacy instruction; and (ii) the special knowledge and skills necessary to teach and support literacy development effectively across the developmental and age span; (I) supporting State educational agencies and local educational agencies in improving reading, writing, and literacy-based academic achievement for children, especially children who are low-income individuals, are English learners, are migratory, are children with disabilities, are Indian or Alaskan Native, are neglected or delinquent, are homeless, are in the custody of the child welfare system, or have dropped out of school; (J) supporting State educational agencies and local educational agencies in using age appropriate and developmentally and linguistically appropriate instructional materials and strategies that assist teachers as the teachers work with children to develop reading and writing competencies appropriate to the children’s grade and skill levels; (K) strengthening coordination among schools, early literacy programs, family literacy programs, juvenile justice programs, public libraries, and outside-of-school programs that provide children with strategies, curricula, interventions, and assessments designed to advance early and continuing language and literacy development in ways appropriate for each context; (L) supporting professional development for educators based on scientific approaches to adult learning; and (M) evaluating whether the professional development activities and approaches are effective in building knowledge and skills of educators and their use of appropriate and effective practices. 4103. Definitions In this subpart: (1) Child The term child (2) Classroom-based instructional assessment The term classroom-based instructional assessment (A) is valid and reliable for the age and population of children served in the program; (B) is used to evaluate children’s developmental progress and learning and includes systematic observations by teachers of children performing tasks, including academic and literacy tasks, that are subpart of the children's daily classroom experience; and (C) is used to improve classroom instruction. (3) Comprehensive literacy instruction The term comprehensive literacy instruction (A) incorporates effective literacy instruction; and (B) is designed to support— (i) developmentally appropriate, contextually explicit, systematic instruction, and frequent practice, in reading across content areas; and (ii) developmentally appropriate and contextually explicit instruction, and frequent practice, in writing across content areas. (4) Developmental delay The term developmental delay 20 U.S.C. 1432 (5) Early learning program The term early learning program (6) Effective literacy instruction (A) In general The term effective literacy instruction (i) includes age-appropriate, explicit, systematic, and intentional instruction in phonological awareness, phonic decoding, vocabulary, language structure, reading fluency, and reading comprehension; (ii) includes age-appropriate, explicit instruction in writing, including opportunities for children to write with clear purposes, with critical reasoning appropriate to the topic and purpose, and with specific instruction and feedback from instructional staff; (iii) makes available and uses diverse, high-quality print materials that reflect the reading and development levels, and interests, of children; (iv) uses differentiated instructional approaches, including individual and small group instruction and discussion; (v) provides opportunities for children to use language with peers and adults in order to develop language skills, including developing vocabulary; (vi) includes frequent practice of reading and writing strategies; (vii) uses age-appropriate, valid, and reliable screening assessments, diagnostic assessments, formative assessments, and summative assessments to identify a child's learning needs, to inform instruction, and to monitor the child's progress and the effects of instruction; (viii) uses strategies to enhance children’s motivation to read and write and children’s engagement in self-directed learning; (ix) incorporates the principles of universal design for learning; (x) depends on teachers’ collaboration in planning, instruction, and assessing a child's progress and on continuous professional learning; and (xi) links literacy instruction to the State college and career ready academic content standards under section 1111(a)(1), including the ability to navigate, understand, and write about, complex print and digital subject matter. (B) Birth through kindergarten When used with respect to instruction for children from birth to kindergarten entry, the term effective literacy instruction (i) developing such children's alphabet knowledge, reading aloud to children, discussing reading and writing with children, and modeling age and developmentally appropriate reading and writing strategies; and (ii) encouraging children’s early attempts at oral communication, reading, and writing. (C) Kindergarten through grade 12 When used with respect to the instruction of children in kindergarten through grade 12, the term effective literacy instruction (i) providing systematic and intensive interventions, which can be provided inside or outside the classroom as well as before, during, or after regular school hours, to supplement regular instruction for children reading below grade level; (ii) providing reading and writing opportunities that build academic vocabulary and knowledge of different text structures in core academic subjects; (iii) enabling children to write, communicate, and create knowledge, in ways that fit purpose, audience, occasion, discipline, and format, including practice in— (I) adhering to language conventions, including spelling, punctuation, and grammar; (II) planning and revising to improve clarity, coherence, logical development, and language usage; and (III) writing individually and collaboratively with feedback from instructors and peers; and (iv) cultivating shared responsibility for children's literacy learning by coordinating writing tasks, instructional practices, and criteria for feedback across academic content areas. (7) Eligible entity The term eligible entity (A) that serves high-need children; and (B) (i) when used with respect to a subgrant under section 4108, that consists of— (I) 1 or more local educational agencies providing early learning programs that have a demonstrated record of providing comprehensive literacy instruction for the age group such agencies or programs propose to serve; (II) 1 or more public or private early learning programs, such as a Head Start program, a child care program, a State-funded prekindergarten program, a public library program, or a family literacy program, that have a demonstrated record of providing comprehensive literacy instruction for the age group such programs propose to serve; or (III) 1 or more local educational agencies providing early learning programs, or 1 or more public or private early learning programs, such as a Head Start program, a child care program, a State-funded prekindergarten program, a public library program, or a family literacy program, in partnership with 1 or more public or private nonprofit organizations or agencies that have a demonstrated record of effectiveness— (aa) in improving the early literacy development of children from birth through kindergarten entry; and (bb) in providing professional development aligned with the activities described in section 4108(e)(1); or (ii) when used with respect to a subgrant under section 4109— (I) that is— (aa) a local educational agency; (bb) a consortium of local educational agencies; or (cc) a local educational agency or consortium of local educational agencies acting in partnership with 1 or more public or private nonprofit organizations or agencies that have a demonstrated record of effectiveness in— (AA) improving literacy achievement of children consistent with the purposes of their participation from kindergarten through grade 12; and (BB) providing professional development aligned with the activities described in subsection (b) and (c) of section 4109; and (II) (aa) has the highest numbers or proportion of children who are counted under section 1124(c), in comparison to other local educational agencies in the State; (bb) is among or consists of the local educational agencies in the State with the highest numbers or percentages of children reading or writing below grade level, based on the most currently available State academic assessment data under section 1111(a)(2); or (cc) has jurisdiction over a significant number or percentage of schools that are identified as priority schools under section 1116(d). (8) English language acquisition (A) In general The term English language acquisition (B) Inclusions for English learners in school For an English learner in school, such term includes not only the social language proficiency needed to participate in the school environment, but also the academic language proficiency needed to acquire literacy and academic content and demonstrate the child's learning. (9) Family literacy services The term family literacy services (A) interactive literacy activities between or among family members who are primary caregivers and their children, including family literacy education to improve literacy of parents; and (B) training for family members who are primary caregivers regarding how to be the primary teacher for their children and full partners in the education of their children. (10) Formative assessment The term formative assessment (A) is teacher-generated or selected by teachers or instructional leaders for use during learning; (B) is embedded within the learning activity and linked directly to the intended outcomes of the current unit of instruction; and (C) provides feedback to help adjust ongoing teaching and learning to improve children's achievement of intended instructional outcomes. (11) High-quality professional development The term high-quality professional development (A) is job-embedded, ongoing, and based on scientifically valid research; (B) is sustained, intensive, and classroom-focused, and is not limited in scope to a 1-day or short-term workshop or conference; (C) is designed to increase the knowledge and expertise of teachers, early childhood educators and administrators, principals, other instructional leaders, and other program staff in applying— (i) effective literacy instruction; and (ii) instructional strategies and practices that are appropriate to the age, development, and needs of children and improve learning, including strategies and practices consistent with the principles of universal design for learning; (D) includes and supports teachers in effectively administering age and developmentally appropriate assessments, and analyzing the results of these assessments for the purposes of planning, monitoring, adapting, and improving effective classroom instruction or teaching strategies to improve child literacy; (E) includes instructional strategies utilizing one-to-one, small group, and classroom-based instructional materials and approaches based on scientifically valid research on literacy; (F) provides ongoing instructional literacy coaching— (i) to ensure high-quality implementation of comprehensive literacy instruction that is— (I) content centered; (II) integrated across the curriculum; (III) collaborative; and (IV) school, setting, and classroom embedded; and (ii) that uses student data to improve instruction; (G) includes and supports teachers in setting high reading and writing achievement goals for all children and provides the teachers with the instructional tools and skills to help children reach such goals; (H) for educators serving children in kindergarten through grade 12— (i) supports effective literacy instruction through core academic subjects, and through career and technical education subjects where such career and technical education subjects provide for the integration of core academic subjects; and (ii) includes explicit instruction in discipline-specific thinking and how to read and interpret discipline-specific text structures and features; (I) is differentiated for educators working with children from birth through kindergarten entry, children in kindergarten through grade 3, and children in grades 4 through 12, and, as appropriate, based on the grade or needs of the children; and (J) supports family literacy experiences and practices, and educating parents, teachers, and other caregivers about literacy development and child literacy development. (12) Instructional leader The term instructional leader (A) is an employee or officer of a school; and (B) is responsible for— (i) the school’s performance; and (ii) the daily instructional and managerial operations of the school. (13) Literacy coach The term literacy coach (A) who has— (i) previous teaching experience; (ii) demonstrated abilities in working with adult learners; and (iii) (I) a master’s degree with a concentration in reading and writing education or demonstrated proficiency in teaching reading or writing in a core academic subject consistent with effective literacy instruction; or (II) in the case of a literacy coach for children from birth through kindergarten entry, a concentration, credential, or significant experience in child development and early literacy development; (B) who supports teachers to— (i) apply research on how children become successful readers, writers, and communicators; (ii) apply multiple forms of assessment to guide instructional decisionmaking and use data to improve literacy instruction; (iii) improve children's writing and reading in and across content areas such as mathematics, science, social studies, and language arts; (iv) develop and implement differentiated instruction and teaching approaches to serve the needs of the full range of learners, including English learners and children with disabilities; (v) apply principles of universal design for learning; (vi) employ best practices in engaging principals, early learning program educators and administrators, teachers, and other relevant professionals to create school cultures that encourage and support literacy development and achievement; and (vii) set, for children from birth through kindergarten, developmentally appropriate expectations for language and literacy development, and high reading and writing achievement goals for all children and select, acquire, and use instructional tools and skills to help children reach such goals; and (C) whose role with teachers and professionals supporting literacy instruction is— (i) to provide high-quality professional development, consistent with the definition of comprehensive literacy instruction; (ii) to work cooperatively and collaboratively with principals, teachers, and other professionals in employing strategies to help teachers identify and support child literacy and language development needs and teach literacy across the content areas and developmental domains; and (iii) to work cooperatively and collaboratively with other professionals in employing strategies to help teachers teach literacy across the content areas so that the teachers can meet the needs of all children, including children with disabilities, English learners, and children who are reading at or above grade level. (14) Local educational agency The term local educational agency (A) has the meaning given the term in section 9101; and (B) includes any public charter school that constitutes a local educational agency under State law. (15) Reading The term reading (A) The skills and knowledge to understand how phonemes, or speech sounds, are connected to print. (B) The ability to read with comprehension. (C) The ability to decode unfamiliar words with fluency. (D) The use of background knowledge and vocabulary to make meaning from a text. (E) The development and use of appropriate active strategies to interpret and construct meaning from print. (F) The development and maintenance of a motivation to read. (16) Scientifically valid research The term scientifically valid research 20 U.S.C. 1021 (17) Screening assessment The term screening assessment (A) valid, reliable, and based on scientifically based reading research; and (B) a brief procedure designed as a first step in identifying children who may be at high risk for delayed development or academic failure and in need of further diagnosis of their need for special services or additional reading instruction. (18) State The term State (19) State literacy leadership team (A) In general The term State literacy leadership team (i) is appointed and coordinated by the State educational agency; (ii) assumes the responsibility to guide the improvement or development and implementation of a statewide, comprehensive literacy plan; (iii) shall include, at a minimum— (I) a school principal with literacy expertise; (II) a teacher with literacy expertise; (III) a teacher or administrator with expertise in special education; (IV) a teacher or administrator with expertise in teaching the English language to English learners; (V) a representative from the State educational agency who oversees literacy initiatives; and (VI) a representative from higher education who is actively involved in research, development, or teacher preparation in comprehensive literacy instruction and intervention based on scientifically valid research; (iv) may include— (I) a literacy specialist serving in a school district within the State; (II) a literacy coach; (III) a librarian; (IV) a representative with family literacy expertise; (V) a representative from a State child-serving agency with expertise in comprehensive language and literacy instruction and strategies; (VI) a school counselor; (VII) a teacher of a core academic subject; (VIII) a special education administrator; (IX) a professor from a 4-year institution of higher education; (X) a parent; (XI) a business leader; (XII) the Governor or a delegated representative of the Governor; (XIII) a representative from the State board of education; (XIV) a representative from the State legislature; (XV) a representative of a nonprofit and community-based organization providing comprehensive literacy instruction and support; and (XVI) a representative from a school district superintendent's office; and (v) shall include, among the individuals selected to be members of the council pursuant to clauses (iii) and (iv), not less than 5 individuals who have literacy expertise in 1 of each of the areas of— (I) birth through kindergarten entry, such as the State Head Start collaboration director; (II) kindergarten entry through grade 3; (III) grades 4 through 12; (IV) English learners; and (V) special education. (B) Inclusion of a preexisting partnership If, before the date of enactment of the Strengthening America’s Schools Act of 2013, a State educational agency established a consortium, partnership, or any other similar body that was considered a literacy partnership for purposes of subpart 1 or 2 of part B of title I (as such title was in effect on such date) and that includes the individuals required under clauses (iii) and (v) of subparagraph (A), such consortium, partnership, or body may be considered a State literacy leadership team for purposes of subparagraph (A). (20) Summative assessment The term summative assessment (A) is valid, reliable, and based on scientifically valid research on literacy and English language acquisition; and (B) for children from birth through kindergarten entry, measures how young children have progressed over time relative to developmental norms, and for children in kindergarten through grade 12, measures what children have learned over time, relative to academic content standards. (21) Writing The term writing (A) composing meaning in print or through other media, including technologies, to communicate and to create new knowledge in ways appropriate to the context of the writing and the literacy development stage of the writer; (B) composing ideas individually and collaboratively in ways that are appropriate for a variety of purposes, audiences, and occasions; (C) choosing vocabulary, tone, genre, and conventions, such as spelling and punctuation, suitable to the purpose, audience, and occasion; and (D) revising compositions for clarity of ideas, coherence, logical development, and precision of language use. 4104. Program authorized (a) Reservations and awards to State educational agencies (1) In general From the amounts appropriated to carry out this subpart for a fiscal year, the Secretary shall— (A) reserve not more than a total of 4 percent of such amounts for dissemination of information and technical assistance under section 4110; (B) reserve not more than 5 percent of such amounts to award planning grants, on a competitive basis, to State educational agencies serving States, in accordance with section 4105; (C) in the case of a fiscal year for which the amounts appropriated to carry out this subpart are less than $500,000,000, use the amount not reserved under subparagraphs (A) and (B) to make awards, on a competitive basis, to State educational agencies serving States that have applications approved under section 4106 to enable the State educational agencies to carry out the activities described in section 4106(a)(1); and (D) in the case of a fiscal year for which the amounts appropriated to carry out this subpart are equal to or exceed $500,000,000— (i) reserve a total of 1 percent of such amount for— (I) allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among such outlying areas on the basis of their relative need, as determined by the Secretary in accordance with the purposes of this subpart; and (II) the Secretary of the Interior for programs under sections 4105 through 4109 in schools operated or funded by the Bureau of Indian Education; and (ii) use the amount not reserved under clause (i) and subparagraphs (A) and (B) to make awards, as described in paragraph (2), to State educational agencies serving States that have applications approved under section 4106 to enable the State educational agencies to carry out the activities described in section 4106(a). (2) Special rules for years with funds equal or exceeding $500,000,000 (A) Proportional division In each fiscal year described in paragraph (1)(D), the amount reserved under paragraph (1)(D)(i) shall be divided between the uses described in subclauses (I) and (II) of such paragraph in the same proportion as the amount reserved under section 1121(a) is divided between the uses described in paragraphs (1) and (2) of such section for such fiscal year. (B) Consultation A State educational agency that receives an allotment under paragraph (1)(D)(ii) shall engage in timely and meaningful consultation with representatives of Indian tribes located in the State in order to improve the coordination and quality of activities designed to develop effective approaches to achieve the purposes of this subpart consistent with the cultural, language, and educational needs of Indian children. (C) State allotment formula The Secretary shall allot the amount made available under paragraph (1)(D)(ii) for a fiscal year among the States in proportion to the number of children, from birth through age 17, who reside within the State and are from families with incomes below the poverty line for the most recent fiscal year for which satisfactory data are available, compared to the number of such children who reside in all States for that fiscal year. (3) Minimum award amount No State educational agency receiving an award under this section for a fiscal year may receive less than one-fourth of 1 percent of the total amount appropriated to carry out this subpart for the fiscal year. (4) Puerto Rico The amount allotted under paragraph (1)(C) to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-fourth of 1 percent of the total amount appropriated to carry out this subpart for such fiscal year. (b) Peer review (1) In general The Secretary shall convene a peer review panel to evaluate the applications to carry out section 4105 or 4106 using the evaluation criteria described in paragraph (2). (2) Development of evaluation criteria The Secretary shall report to the authorizing committees regarding the peer review process and evaluation criteria that shall be used to evaluate the grant applications to carry out sections 4105 and 4106. (3) Membership (A) Composition A peer review panel convened under paragraph (1) shall be composed of not less than 9 members, of whom— (i) 3 shall be appointed by the Secretary; (ii) 3 shall be appointed by the Secretary from among individuals— (I) recommended by the Chairman of the National Research Council of the National Academy of Sciences; and (II) with expertise in comprehensive language and literacy instruction and strategies; and (iii) 3 shall be appointed by the Secretary from among individuals— (I) recommended by the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development; and (II) with expertise concerning literacy development in children from birth through grade 12. (B) Competency and expertise The peer review panel convened under paragraph (1) may include— (i) classroom teachers with expertise in literacy, and literacy coaches, including— (I) special education teachers; (II) teachers of children who are English learners; and (III) early childhood educators; (ii) experts who provide high-quality professional development to teachers and other instructional staff to support children’s literacy development; (iii) experts in the screening assessment, diagnostic assessment, and other assessment of children’s literacy development; and (iv) experts in comprehensive literacy instruction and strategies in reading and writing, language development, and English language acquisition, as appropriate, including reading and writing in core academic subjects. (4) Distribution of recommendations Not later than 120 days after a peer review panel submits to the Secretary the panel's recommendation regarding an application by a State educational agency for a grant under section 4105 or 4106, the Secretary shall notify the State educational agency that the application has been approved or disapproved and shall provide to such State educational agency a copy of the peer review panel's recommendation. (c) Conflicts of interest (1) Peer review panels The Secretary shall ensure that each member of a peer review panel described in subsection (b) does not stand to benefit financially from a grant or subgrant awarded under this subpart. (2) State literacy leadership teams Each State educational agency that receives funding under this subpart shall ensure that each member of a State literacy leadership team participating in a program or activity assisted under this subpart does not stand to benefit financially from a grant or subgrant awarded under this subpart. (d) Supplement not supplant Award funds provided under this subpart shall supplement, and not supplant, non-Federal funds that would, in the absence of such award funds, be made available for literacy instruction and support of children participating in programs assisted under this subpart. (e) Maintenance of effort Each State educational agency that receives a grant or allotment under this section, and each eligible entity that receives a subgrant under section 4108 or 4109, shall maintain for the fiscal year for which the grant or subgrant is received and for each subsequent fiscal year the expenditures of the State educational agency or eligible entity, respectively, for literacy instruction at a level not less than the level of such expenditures maintained by the State educational agency or eligible entity, respectively, for the fiscal year preceding such fiscal year for which the grant or subgrant is received. 4105. State planning grants (a) Planning grants authorized (1) In general From amounts made available under section 4104(a)(1)(B), the Secretary may award planning grants to State educational agencies to enable the State educational agencies to complete comprehensive planning to carry out activities that improve literacy for children from birth through grade 12. (2) Grant period A planning grant awarded under this section shall be for a period of not more than 1 year. (3) Nonrenewability The Secretary shall not award a State educational agency more than 1 planning grant under this section. (b) Application (1) In general Each State educational agency desiring a planning grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Contents Each application submitted under this subsection shall, at a minimum, include a description of how the State educational agency will develop a plan for improving State efforts to develop, coordinate, implement, and assess comprehensive literacy activities that ensure high-quality instruction and effective strategies in reading and writing for all children in early learning programs and kindergarten through grade 12 programs. Such plan shall— (A) describe the activities for which assistance under this section is sought, demonstrating a particular focus on children who are reading or writing below grade level and children whose early literacy skills are below the appropriate age or developmental level; (B) provide a budget for the use of the planning grant funds to complete the required activities described in subsection (c); (C) include an analysis of data on child literacy and language and student academic achievement in reading to identify and establish baseline and benchmark levels against which to monitor child progress and improvement in literacy; and (D) provide an assurance that all State agencies responsible for administering early learning programs and services (including the State Head Start Collaboration Office and the State agency responsible for administering child care) and the State Advisory Council on Early Childhood Education and Care collaborated with the State educational agency to write the early learning portion of the grant application submitted under this subsection. (3) Approval of applications The Secretary shall evaluate applications under this subsection based on the quality of the response of the applications to the requirements under this subsection. (c) Required activities A State educational agency receiving planning grant funds under this section shall carry out each of the following activities: (1) Reviewing reading, writing, or other language and literacy resources and programs, such as school library programs, and data across the State to identify any literacy needs and gaps in the State. (2) Forming or designating a State literacy leadership team which shall execute the following functions: (A) Creating a comprehensive State literacy plan that— (i) is designed to improve language development, reading, writing, and academic achievement for children, especially children reading below grade level and children whose literacy skills are below the appropriate age or developmental level; (ii) includes— (I) a needs assessment and an implementation plan, including an analysis of data on child literacy and student academic achievement in reading to identify baseline and benchmark levels of literacy and early literacy skills in order to monitor progress and improvement; and (II) a plan to improve reading achievement among all children; (iii) ensures high-quality instruction, consistent with the characteristics of effective literacy instruction and strategies, in early learning programs and kindergarten through grade 12 programs; and (iv) provides for activities designed to improve literacy achievement for children who read or write below grade level, including such children who— (I) attend schools identified as priority schools under section 1116(d); or (II) are counted under section 1124(c). (B) Providing recommendations to guide the State educational agency in the State educational agency's process of strengthening State literacy standards and embedding State literacy standards with the State’s college and career ready academic content standards and college and career ready student academic achievement standards, and early learning and development standards (including, if required under section 1111(a)(1)(F), the early learning guidelines and early grade standards described in such section). (C) Providing recommendations to guide the State educational agency in the State educational agency's process of measuring, assessing, and monitoring progress in literacy at the school, local educational agency, and State levels. (D) Identifying criteria for high-quality professional development providers, which providers may include qualified teachers within the State, for the State educational agency and local educational agencies. (E) Advising the State educational agency on how to help ensure that local educational agencies and schools provide timely and appropriate data to teachers to inform and improve instruction. (F) Providing recommendations to guide the State educational agency in the State educational agency's planning process of building educators’ capacity to provide high-quality comprehensive literacy instruction. 4106. State implementation grants (a) Implementation grants authorized (1) In general From amounts made available under subparagraph (C) or (D)(ii) of section 4104(a)(1) (as applicable), the Secretary shall award implementation grants to State educational agencies to enable the State educational agencies— (A) to implement the comprehensive literacy plan that meets the criteria in section 4105(c)(2)(A) for early learning programs and kindergarten through grade 12 programs; (B) to carry out State activities under section 4107; and (C) to award subgrants under sections 4108 and 4109. (2) Limitation The Secretary shall not award an implementation grant under this section to a State for any year for which the State has received a planning grant under section 4105. (3) Duration of grants An implementation grant under this section shall be awarded for a period of not more than 5 years. (4) Renewals (A) In general The Secretary may renew a grant under this section for a period of not more than 2 years. (B) Conditions In order to be eligible to have an implementation grant renewed under this paragraph, the State educational agency shall demonstrate to the satisfaction of the Secretary that, during the project period— (i) with respect to children from birth through kindergarten entry, the State educational agency has collaborated with the State agencies that oversee child care and other early learning programs, and has collaborated with the State Advisory Council on Early Childhood Education and Care, to comply with the terms of the grant, including using the funds— (I) to increase access to high-quality professional development; (II) for developmentally appropriate curricula and teaching materials; and (III) for developmentally appropriate classroom-based instructional assessments and developmentally appropriate screening assessments and diagnostic assessments; and (ii) with respect to children in kindergarten through grade 12, there has been significant progress in student academic achievement, as measured by appropriate assessments, including the assessments included in the State accountability system under section 1111(a)(3)(A). (b) State applications (1) In general A State educational agency that desires to receive an implementation 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. The State educational agency shall collaborate with the State agency responsible for administering early learning programs and the State agency responsible for administering child care programs in the State in writing and implementing the early learning portion of the grant application under this subsection. (2) Contents An application described in paragraph (1) shall include the following: (A) A description of the members of the State literacy leadership team and a description of how the State educational agency has developed a comprehensive State literacy plan, consistent with the requirements of section 4105(c)(2)(A). (B) An implementation plan that includes a description of how the State educational agency will— (i) carry out the State activities described in section 4107; (ii) assist eligible entities with— (I) providing strategic and intensive comprehensive literacy instruction based on scientifically valid research for children who are reading and writing below grade level, including through— (aa) the use of multi-tier systems of support; and (bb) addressing the literacy needs of children with disabilities or developmental delays and English learners in programs serving children from birth through grade 12; (II) providing training to parents, as appropriate, so that the parents can participate in the literacy related activities described in sections 4108 and 4109 to assist in the language and literacy development of their children; (III) selecting and using reading and writing assessments; (IV) providing classroom-based instruction that is supported by one-to-one and small group work; (V) using curricular materials and instructional tools, which may include technology, to improve instruction and literacy achievement; (VI) providing for high-quality professional development; and (VII) using the principles of universal design for learning; (iii) ensure that local educational agencies in the State have leveraged and are effectively leveraging the resources needed to implement effective comprehensive literacy instruction, and have the capacity to implement literacy initiatives effectively; and (iv) continually coordinate and align the activities assisted under this subpart with reading, writing, and other literacy resources and programs across the State and locally that serve children and their families and promote comprehensive literacy instruction and learning, including strengthening partnerships among schools, libraries, local youth-serving agencies, and programs, in order to improve literacy for all children. (C) A description of the key data metrics, and the performance targets for such metrics, that will be used and reported annually, which shall include— (i) metrics established consistent with section 1111(a)(3)(A), for children in grades 3 through 12; and (ii) the relevant program metrics and performance targets that the State shall use to monitor the implementation of the plan described in subparagraph (B). (D) An assurance that the State educational agency, and any eligible entity receiving a subgrant from the State educational agency under section 4108 or 4109, will, if requested, participate in the national evaluation under section 4110. (E) An assurance that the State educational agency will use implementation grant funds for literacy programs as follows: (i) Not less than 10 percent of such grant funds shall be used for State and local programs and activities pertaining to children from birth through kindergarten entry. (ii) Not less than 30 percent of such grant funds shall be used for State and local programs and activities, allocated equitably among the grades of kindergarten through grade 5. (iii) Not less than 30 percent of such grant funds shall be used for State and local programs and activities, allocated equitably among grades 6 through 12. (iv) Not more than 10 percent of such implementation grant funds shall be used for the State activities described in section 4107. (F) An assurance that the State educational agency shall give priority to awarding a subgrant to an eligible entity— (i) under section 4108 based on the number or percentage of children younger than the age of kindergarten entry who are— (I) served by the eligible entity; and (II) from families with income levels below the poverty line; and (ii) under section 4109 based on— (I) the number or percentage of children from birth through age 17 who are— (aa) served by the eligible entity; and (bb) from families with income levels below the poverty line; and (II) the number or percentage of children in kindergarten through grade 12 served by the eligible entity who are reading and writing below grade level, according to State assessments. (c) Approval of applications (1) In general The Secretary shall evaluate State educational agency applications under subsection (b) based on the quality of the response of the applications to the application requirements under such subsection. (2) Peer review The Secretary shall convene a peer review panel in accordance with section 4104(b) to evaluate applications for each implementation grant awarded to a State educational agency under this section. (3) Early learning In order for a State educational agency’s application under this section to be approved by the Secretary, the application shall contain an assurance that the State agencies responsible for administering early learning programs and services, including the State agency responsible for administering child care programs, and, as applicable, the State Advisory Council on Early Childhood Education and Care, approve of and will be extensively consulted in the implementation of activities consistent with section 4108, with respect to the early learning portion of the application. 4107. State activities (a) Required activities A State educational agency shall use the implementation grant funds described in section 4106(b)(2)(E)(iv) to carry out the activities proposed in a State's implementation plan under section 4106(b)(2)(B), including the following activities: (1) In consultation with the State literacy leadership team, providing technical assistance, or engaging qualified providers to provide technical assistance, to eligible entities to enable the eligible entities to design and implement literacy programs under section 4108 or 4109. (2) Consulting with the State literacy leadership team and coordinating with institutions of higher education in the State— (A) in order to provide recommendations to strengthen and enhance preservice courses for students preparing, at institutions of higher education in the State, to teach children from birth through grade 12 in explicit, systematic, and intensive instruction in evidence-based literacy methods; and (B) by following up on reviews completed by the State literacy leadership team with recommendations to ensure that such institutions offer courses that meet the highest standards. (3) Reviewing and updating, in collaboration with teachers, statewide educational and professional organizations representing teachers, and statewide educational and professional organizations representing institutions of higher education, State licensure or certification standards in the area of literacy instruction in early education through grade 12. (4) Making publicly available, including on the State educational agency's website, information on promising instructional practices to improve child literacy achievement. (b) Permissive activities After carrying out the activities described in subsection (a), a State educational agency may use remaining implementation grant funds described in section 4106(b)(2)(E)(iv) to carry out 1 or more of the following activities: (1) Training the personnel of eligible entities to use data systems to improve child literacy learning. (2) Developing literacy coach training programs and training literacy coaches. (3) Building public support among local educational agency personnel, early learning programs, and the community for comprehensive literacy instruction for children from birth through grade 12. (4) Administration and evaluation of activities carried out under this subpart. 4108. Subgrants to eligible entities in support of birth through kindergarten entry literacy (a) Subgrants (1) In general A State educational agency, in consultation with the State agencies responsible for administering early learning programs and services, including the State agency responsible for administering child care programs, and, as applicable, the State Advisory Council on Early Childhood Education and Care, shall use a portion of implementation grant funds provided under subparagraph (C) or (D)(ii) of section 4104(a)(1) to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to support high-quality early literacy initiatives for children from birth through kindergarten entry. (2) Duration The term of a subgrant under this section shall be determined by the State educational agency awarding the subgrant. (b) Sufficient size and scope Each subgrant awarded under this section shall be of sufficient size and scope to allow the eligible entity to carry out high-quality early literacy initiatives for children from birth through kindergarten entry. (c) Local applications An eligible entity desiring to receive a subgrant under this section shall submit an application to the State educational agency, at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include a description of— (1) how the subgrant funds will be used to enhance the language and literacy development and school readiness of children, from birth through kindergarten entry, in early learning programs, which shall include an analysis of data that support the proposed use of subgrant funds; (2) the programs that the eligible entity proposes to assist under the subgrant, including demographic and socioeconomic information on the children enrolled in the programs; (3) a budget for the eligible entity that projects the cost of developing and implementing literacy initiatives to carry out the activities described in subsection (e); (4) how, if the eligible entity is requesting a planning period, which shall not exceed 1 year, the eligible entity will use that planning period to prepare for successful implementation of a plan to support the development of learning and literacy consistent with the purposes of this subpart; (5) the literacy initiatives, if any, in place and how these initiatives will be coordinated and integrated with activities supported under this section; (6) how the subgrant funds will be used to prepare and provide ongoing assistance to staff in the programs, through high-quality professional development; (7) how the subgrant funds will be used to provide services, incorporate activities, and select and use literacy instructional materials that— (A) meet the diverse developmental and linguistic needs of children, including English learners and children with disabilities and developmental delays; and (B) are based on scientifically valid research on child development and learning for children from birth through kindergarten entry; (8) how the subgrant funds will be used to provide screening assessments, diagnostic assessments, classroom-based instructional assessments, and assessments of developmental progress; (9) how families and caregivers will be involved, as appropriate, in supporting their child’s literacy development, instruction, and assessment; (10) how the subgrant funds will be used to help children, particularly children experiencing difficulty with spoken and written language, to make the transition from early learning programs to formal classroom instruction; (11) how the activities assisted under the subgrant will be coordinated with comprehensive literacy instruction at the kindergarten through grade 12 levels; (12) how the subgrant funds will be used— (A) to evaluate the success of the activities assisted under the subgrant in enhancing the early language and literacy development of children from birth through kindergarten entry; and (B) to evaluate data for program improvement; and (13) such other information as the State educational agency may require. (d) Approval of local applications The State educational agency, in consultation with the State agencies responsible for administering early learning programs, including the State agency responsible for administering child care programs and the State Advisory Council on Early Childhood Education and Care, shall— (1) select applications for funding under this section based on the quality of the applications submitted, including the relationship between literacy activities proposed and the research base or data supporting such investments, as appropriate, and the recommendations of— (A) the State literacy leadership team; and (B) other experts in the area of early literacy; and (2) place priority for funding programs based on the criteria in section 4106(b)(2)(F). (e) Local uses of funds (1) In general An eligible entity that receives a subgrant under this section shall use the subgrant funds, consistent with the entity's approved application under subsection (c), to— (A) enhance and improve early learning programs to ensure that children in such programs are provided with high-quality oral language and literature- and print-rich environments in which to develop early literacy skills; (B) carry out high-quality professional development opportunities for early childhood educators, teachers, and instructional leaders; (C) acquire, provide training for, and implement screening assessments, diagnostic assessments, and classroom-based instructional assessments; (D) select, develop, and implement a multi-tier system of support; (E) integrate research-based instructional materials, activities, tools, and measures into the programs offered by the eligible entity to improve development of early learning language and literacy skills; (F) train providers and personnel to support, develop, and administer high-quality early learning literacy initiatives that— (i) utilize data— (I) to inform instructional design; and (II) to assess literacy needs; and (ii) provide time and support for personnel to meet to plan comprehensive literacy instruction; (G) provide family literacy services, as appropriate, and educate parents, teachers, and other caregivers about child literacy development; (H) annually collect, summarize, and report to the State educational agency data— (i) to document child progress in early literacy and language skills development as a result of activities carried out under this section; (ii) to stimulate and accelerate improvement by identifying the programs served by the eligible entity that produce significant gains in skills development; and (iii) for all subgroups of children and categories of children, including children in the subgroups described in section 1111(a)(2)(B)(x), in a manner that— (I) utilizes a variety of measures of child literacy and language skills development; and (II) is consistent across the State; and (I) coordinate the involvement of families, early learning program staff, principals, other instructional leaders, and teachers in the literacy development of children served under this subpart. (2) Curricula and assessment materials limitation Each eligible entity that receives a subgrant under this section shall not use more than 20 percent of the subgrant funds in the first year of subgrant funding, and not more than 10 percent of the subgrant funds in each year thereafter, to purchase curricula and assessment materials. (f) Prohibition The use of assessment items and data on any assessment authorized under this section to provide rewards or sanctions for individual children, early learning program providers, teachers, program directors, or principals is prohibited. 4109. Subgrants to eligible entities in support of kindergarten through grade 12 literacy (a) Subgrants to local educational agencies (1) Subgrants A State educational agency shall use a portion of the implementation grant funds provided under subparagraph (C) or (D)(ii) of section 4104(a)(1) to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the authorized activities described in subsections (b) and (c). (2) Sufficient size and scope A State educational agency shall award subgrants under this section of sufficient size and scope to allow the eligible entities to carry out high-quality literacy initiatives in each grade level for which the subgrant funds are provided. (3) Local applications An eligible entity desiring to receive a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include, for each school that the eligible entity identifies as participating in a subgrant program under this section, the following information: (A) A description of the eligible entity’s capacity to identify how subgrant funds will be used to inform and improve comprehensive literacy instruction at the school. (B) How the school, local educational agency, or a provider of high-quality professional development will provide ongoing high-quality professional development to all teachers, including early childhood educators, principals, and other instructional leaders served by the school, including early learning program administrators. (C) How the school will identify children in need of literacy interventions or other support services and provide appropriate scientifically valid instructional interventions or other support services which may include extended learning time for struggling children. (D) A budget for the school that projects the cost of developing and implementing literacy initiatives to carry out the activities described in subsections (b) and (c) as applicable. (E) An explanation of how the school will integrate comprehensive literacy instruction into core academic subjects. (F) A description of how the school will coordinate comprehensive literacy instruction with early learning and before- and after-school programs and activities in the area served by the local educational agency, such as school library programs. (G) A description of the assessments that will be used in an assessment system to improve comprehensive literacy instruction and track child literacy progress. (H) A description of how families and caregivers will be involved in supporting their children’s literacy instruction and assessment. (I) A description of how, if an eligible entity is requesting a planning period, the eligible entity will use that planning period to prepare for successful implementation of a plan to support the development of learning and literacy consistent with the purposes of this subpart. (J) A description of the literacy initiatives, if any, in place and how these initiatives will be coordinated and integrated with activities supported under this section. (K) An assurance that the eligible entity will, if requested, participate in the national evaluation described in section 4110. (b) Local uses of funds for kindergarten through grade 5 An eligible entity that receives a subgrant under this section shall use the subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 5: (1) Developing and implementing a literacy plan across content areas that— (A) serves the needs of all children, including children with disabilities and English learners, especially children who are reading or writing below grade level; (B) provides intensive, supplemental, accelerated, and explicit intervention and support in reading and writing for children whose literacy skills are below grade level; and (C) supports activities that are provided primarily during the regular school day but which may be augmented by after-school and out-of-school time instruction. (2) Acquiring, providing training for, selecting, and administering assessments, and managing, monitoring, and planning instruction based on the assessment data. (3) Providing high-quality professional development opportunities for teachers, literacy coaches, literacy specialists, English as a second language specialists (as appropriate), principals, and other program staff. (4) Training principals, specialized instructional support personnel, and other school district personnel to support, develop, administer, and evaluate high-quality kindergarten through grade 5 literacy initiatives that— (A) utilize data— (i) to inform instructional decisions; and (ii) to assess professional development needs; and (B) provide time and support for teachers and other instructional staff to meet to plan comprehensive literacy instruction. (5) Coordinating the involvement of early learning program staff, principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), special educators, and school librarians in the literacy development of children served under this subpart. (6) Engaging families and encouraging family literacy experiences and practices to support literacy development. (7) Annually collecting, summarizing, and reporting to the State educational agency data— (A) to document and monitor for the purpose of improving practice, improvements, or increases in children’s reading and writing pursuant to activities carried out under this section; (B) to stimulate and accelerate improvement by identifying the schools that produce significant gains in literacy achievement; and (C) for all children and categories of children, including the subgroups of children described in section 1111(a)(2)(B)(x), in a manner that utilizes a variety of measures and that is consistent across the State. (c) Local uses of funds for grades 6 through 12 An eligible entity that receives a subgrant under this section shall use subgrant funds to carry out the following activities pertaining to children in grades 6 through 12: (1) Developing and implementing a literacy plan described in paragraphs (1), (2), (3), (6), and (7) of subsection (b) for children in grades 6 through 12. (2) Training principals, specialized instructional support personnel, and other instructional leaders to support, develop, administer, and evaluate high-quality adolescent literacy initiatives that— (A) utilize data— (i) to inform instructional decisions and allow for personalization of instruction based on a child's need; and (ii) to assess professional development needs; (B) assess the quality of adolescent comprehensive literacy instruction in core academic subjects, and career and technical education subjects where such career and technical education subjects provide for the integration of core academic subjects; (C) provide time for teachers to meet to plan research-based adolescent comprehensive literacy instruction in core academic subjects, and career and technical education subjects where such career and technical education subjects provide for the integration of core academic subjects; and (D) include explicit instruction in discipline-specific thinking and how to read and interpret discipline-specific text structures and features. (3) Coordinating the involvement of principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), special educators, and school librarians in the literacy development of children served under this subpart. (d) Allowable uses An eligible entity that receives a subgrant under this section may, in addition to carrying out the activities described in subsections (b) and (c), use subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 12: (1) Providing a planning period of not more than 1 year for eligible entities to establish the elements necessary for successful implementation of a literacy program for kindergarten through grade 12. (2) Recruiting, placing, training, and compensating literacy coaches. (3) Connecting out-of-school learning opportunities to in-school learning in order to improve the literacy achievement of the children. (4) Training families and caregivers to support the improvement of adolescent literacy. (5) Providing for a multi-tier system of support. (6) Forming a school literacy leadership team to help implement, assess, and identify necessary changes to the literacy initiatives in 1 or more schools to ensure success. (7) Providing high-quality, literacy-rich environments that engage children with materials and experiences at the children's reading and writing levels. (8) Providing time for teachers (and other literacy staff, as appropriate, such as school librarians) to meet to plan comprehensive literacy instruction. (e) Limitation of use to certain schools An eligible entity receiving a subgrant under this section shall, in distributing the subgrant funds, provide the subgrant funds only to schools, including public charter schools, that have the highest percentages or numbers of children counted under section 1124(c). 4110. National evaluation, information dissemination, and technical assistance (a) National evaluation (1) In general From the amount reserved in accordance with section 9601, the Secretary shall enter into a contract with an organization independent of the Department for a 5-year national evaluation of the grant and subgrant programs assisted under this subpart. Such evaluation shall include scientifically valid research that applies rigorous and systematic procedures to obtain valid knowledge relevant to the implementation and effect of the programs. (2) Contents of evaluation The evaluation described in this subsection shall include an analysis of each of the following: (A) The impact of the implementation of literacy initiatives and practices supported under this subpart on— (i) increasing academic outcomes, including child literacy development in reading and writing, and speaking (as appropriate), grade promotion, and graduation to the extent predictable; (ii) promoting the appropriate early literacy development of young children; and (iii) strengthening the literacy skills of English learners and children with disabilities. (B) The fidelity of implementation of core program features, such as coherence of the program across grades, quality of technical assistance, State and local educational agency leadership, professional development for teachers and administrators, use of quality materials and pedagogy, and use of assessment. (C) The relationship between implementation of core features and children's academic outcomes. (D) Other inquiries as designated by the Secretary, such as— (i) the core functions of literacy initiatives that have demonstrated the greatest impact on child literacy achievement, especially among children reading below grade level; (ii) effective strategies to integrate State and local standards, curricula, assessments, instruction, materials, and interventions to improve literacy; (iii) the types of literacy activities and professional development that most effectively improve the early reading, writing, and language skills of children from birth through kindergarten entry; (iv) the impact of adolescent literacy initiatives on adolescent motivation, engagement, and participation in adolescent literacy activities; (v) the relationship between children’s literacy achievement and secondary school success, including improving graduation rates; and (vi) effective strategies to integrate school and public library programs to improve literacy. (3) Program improvement The Secretary shall— (A) provide the findings of the evaluation conducted under this section to State educational agencies and subgrant recipients for use in program improvement; (B) make such findings publicly available, including on the Department's website; and (C) submit such findings to the authorizing committees. (b) Information dissemination and technical assistance (1) In general From amounts reserved under section 4104(a)(1)(A), the Secretary, in collaboration with the regional educational laboratories established under section 174 of the Education Sciences Reform Act of 2002, the comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002, and the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development, shall— (A) distribute information on— (i) comprehensive literacy instruction, including best practices and model programs identified in the evaluation; (ii) other inquiries designated by the Secretary under subsection (a)(2)(D); or (iii) other relevant Federal studies of literacy activities; and (B) provide technical assistance in order to assist States and local educational agencies in improving comprehensive literacy instruction and learning. (2) Dissemination and coordination The Secretary shall disseminate the information described in paragraph (1)(A) to— (A) recipients of Federal financial assistance under this subpart, the Head Start Act, the Individuals with Disabilities Education Act, and the Adult Education and Family Literacy Act; and (B) each Bureau-funded school (as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)). (3) Use of networks In carrying out this subsection, the Secretary shall, to the extent practicable, use information and dissemination networks developed and maintained through other public and private entities. 4111. Rules of construction (a) Child eligibility Nothing in this subpart shall be construed to prohibit children eligible for assistance under title I or III or children eligible for assistance under part B or C of the Individuals with Disabilities Education Act from receiving literacy instruction and intervention under this subpart. (b) IDEA evaluation The screening assessments, diagnostic assessments, and formative assessments of reading and writing authorized under this subpart shall not be construed to constitute an evaluation required under part B or C of the Individuals with Disabilities Education Act, except that assessments administered under this Act may be used in conjunction with other assessments as part of an evaluation under part B or C of the Individuals with Disabilities Education Act, provided that the respective evaluation requirements under part B or C of such Act are met. 2 Improving literacy and college and career readiness through effective school library programs 4113. Purpose The purpose of this subpart is to improve students' literacy skills and readiness for higher education and careers, by providing students with effective school library programs. 4114. Definitions In this subpart: (1) Effective school library program The term effective school library program (A) is staffed by a State certified or licensed school librarian; (B) has up-to-date books, materials, equipment, and technology (including broadband); (C) includes regular collaboration between classroom teachers and school librarians to assist with development and implementation of the curriculum and other school reform efforts; and (D) supports the development of digital literacy skills. (2) Eligible entity The term eligible entity (A) a local educational agency in which not less than 20 percent of the students served by the local educational agency are from families with incomes below the poverty line; (B) a local educational agency that has a percentage of low-income children that is in the highest quartile among all local educational agencies in the State; or (C) a consortia of local educational agencies described in subparagraph (A) or (B). 4115. Improving literacy and college and career readiness through effective school library program grants (a) Grants to local educational agencies (1) In general From amounts appropriated under section 3(k) for this subpart, the Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to carry out the authorized activities described in subsection (b). (2) Sufficient size and scope The Secretary shall award grants under this section of sufficient size and scope to allow the eligible entities to carry out effective school library programs for which the grant funds are provided. (3) Distribution The Secretary shall ensure that grants under this section are equitably distributed among the different geographic regions of the United States, and among eligible entities serving urban and rural areas. (4) Duration A grant awarded under this section shall be for a period of 3 years. (5) Local applications An eligible entity 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. Such application shall include, for each school that the eligible entity identifies as participating in a grant program under this section, the following information: (A) a needs assessment relating to the need for literacy improvement at all grade levels and the need for effective school library programs, based on the age and condition of school library resources, including— (i) book collections; (ii) access to advanced technology; (iii) the availability of well-trained, State-certified or licensed school librarians; and (iv) the current level of coordination and shared planning time among school librarians and classroom teachers; (B) a description of which grade spans will be served, and an assurance that funding will be distributed to serve students in elementary, middle, and high schools; (C) how the eligible entity will extensively involve school librarians, teachers, administrators, and parents in the activities assisted under this section, and the manner in which the eligible entity will carry out the activities described in subsection (b) using programs and materials that are grounded in scientifically valid research; (D) the manner in which the eligible entity will effectively coordinate the funds and activities provided under this section with Federal, State, and local funds and activities under this subpart and other literacy, library, technology, and professional development funds and activities, including those funded through the Institute of Museum and Library Services; and (E) the manner in which the eligible entity will collect and analyze data on the quality and impact of activities carried out under this section by schools served by the eligible entity. (b) Local activities Funds under this section may be used to develop and enhance effective school library programs, which may include activities to— (1) acquire up-to-date school library resources, including books and reading materials that— (A) are appropriate for students in all grade levels to be served and for students with special learning needs, including students who are English learners; and (B) engage the interest of readers at all reading levels; (2) acquire and use advanced technology, incorporated into the curricula of the school, to develop and enhance the digital literacy skills of students; (3) facilitate Internet links and other resource-sharing networks among schools and school libraries, and public and academic libraries, where possible; (4) provide— (A) professional development in the acquisition of digital literacy skills and literacy instruction that is appropriate for all grades, including the assessment of student literacy needs, the coordination of reading and writing instruction across content areas, and training in literacy strategies in all content areas for school librarians; and (B) activities that foster increased collaboration among school librarians, teachers, and administrators; and (5) provide students with access to school libraries during nonschool hours, including the hours before and after school, during weekends, and during summer vacation periods. (c) Supplement not supplant Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds expended to carry out activities relating to library, technology, or professional development activities. (d) Accountability and reporting Each eligible entity that receives funds under this section for a fiscal year shall prepare and submit a report to the Secretary regarding how the funding was used and the extent to which the availability of, the access to, and the use of, up-to-date school library resources in the elementary schools and secondary schools served by the eligible entity was increased. . 4103. Improving science, technology, engineering, and mathematics instruction and student achievement (a) Redesignation Title IV ( 20 U.S.C. 7101 et seq. (1) by redesignating part B as part F, and transferring such part F so as to follow part E, as added by section 4106; (2) by striking section 4206; and (3) by redesignating sections 4201, 4202, 4203, 4204, and 4205, as sections 4601, 4602, 4603, 4604, and 4605, respectively. (b) Improving science, technology, engineering, and math instruction and student achievement Title IV ( 20 U.S.C. 7101 et seq. B Improving science, technology, engineering, and mathematics instruction and student achievement 1 Improving STEM instruction and student achievement 4201. Purpose The purpose of this subpart is to improve student academic achievement in science, technology, engineering, and mathematics, including computer science, by— (1) improving instruction in such subjects through grade 12; (2) improving student engagement in, and increasing student access to, such subjects; (3) improving the quality and effectiveness of classroom instruction by recruiting, training, and supporting highly rated teachers and providing robust tools and supports for students and teachers in such subjects; and (4) closing student achievement gaps, and preparing more students to be college and career ready in such subjects. 4202. Definitions In this subpart: (1) Eligible entity The term eligible entity (A) a State educational agency; or (B) a State educational agency in partnership with 1 or more State educational agencies. (2) Eligible subgrantee The term eligible subgrantee (A) a high-need local educational agency; (B) an educational service agency serving more than 1 high-need local educational agency; (C) a consortium of high-need local educational agencies; or (D) an entity described in subparagraph (A) or (C) of paragraph (3) that has signed a memorandum of agreement with an entity described in subparagraph (A), (B), or (C) of this paragraph to implement the requirements of this subpart in partnership with such entity. (3) Outside Partner The term outside partner (A) A nonprofit or community-based organization, which may include a cultural organization, such as a museum or learning center. (B) A business. (C) An institution of higher education. (D) An educational service agency. (4) State The term State (A) any of the 50 States; (B) the District of Columbia; (C) the Bureau of Indian Education; or (D) the Commonwealth of Puerto Rico. 4203. Grants; allotments (a) Reservations (1) In General From the amounts appropriated for this part for a fiscal year, the Secretary shall reserve— (A) not more than 2 percent to provide technical assistance to States under this subpart; (B) not more than 5 percent for State capacity-building grants under this subpart, if the Secretary is awarding such grants in accordance with paragraph (2); and (C) 10 percent for the STEM Master Teacher Corps program under subpart 2. (2) Capacity-building grants (A) In General In any year for which funding is distributed competitively, as described in subsection (b)(1), the Secretary may award 1 capacity-building grant to each State that does not receive a grant under subsection (b), on a competitive basis, to enable such State to become more competitive in future years. (B) Duration Grants awarded under subparagraph (A) shall be for a period of 1 year. (b) Competitive Grants (1) In General For each fiscal year for which the amount appropriated to carry out this part, and not reserved under subsection (a)(1), is less than $500,000,000, the Secretary shall award grants, on a competitive basis, to eligible entities to enable such eligible entities to carry out the activities described in this subpart. (2) Duration Grants awarded under this subsection shall be for a period of not more than 3 years. (3) Renewal (A) In General If an eligible entity demonstrates progress, as measured by the metrics described in section 4206(a), the Secretary may renew a grant for an additional 2-year period. (B) Reduced Funding Grant funds awarded under subparagraph (A) shall be awarded at a reduced amount. (c) Formula Grants (1) In General For each fiscal year for which the amount appropriated to carry out this part, and not reserved under subsection (a)(1), is equal to or more than $500,000,000, the Secretary shall award grants to States, based on the formula described in paragraph (2). (2) Distribution of Funds The Secretary shall allot to each State— (A) an amount that bears the same relationship to 35 percent of the excess amount described in paragraph (1) as the number of individuals ages 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (B) an amount that bears the same relationship to 65 percent of the excess amount as the number of individuals ages 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined. (3) Funding Minimum No State receiving an allotment under this subsection may receive less than one-half of 1 percent of the total amount allotted under paragraph (1) for a fiscal year. (4) Puerto Rico The amount allotted under paragraph (2) to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-half of 1 percent of the total amount allotted under paragraph (1) for such fiscal year. (5) Reallotment of unused funds If a State does not successfully apply, the Secretary shall reallot the amount of the State's allotment to the remaining States in accordance with this subsection. 4204. Applications (a) In General Each eligible entity or State desiring a grant under this subpart, whether through a competitive grant under section 4203(b) or through an allotment under section 4203(c), shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Contents At a minimum, an application submitted under subsection (a) shall include the following: (1) A description of the needs, including assets, identified by the State or eligible entity, based on a State analysis, which— (A) may include results from a relevant pre-existing analysis of science, technology, engineering, and mathematics education quality and outcomes in the State or States served by the eligible entity; (B) shall include data for elementary school and secondary school grades, as applicable, to the extent that such data are available, on— (i) student achievement in mathematics, including such data collected in accordance with the requirements of section 1111(a)(3)(A), and student achievement in science, technology, and engineering; (ii) science, technology, engineering, and mathematics teacher evaluations; (iii) student access to mathematics and science courses needed to enroll in credit-bearing coursework at institutions of higher education in the State or States served by the eligible entity; (iv) access to science, technology, engineering, and mathematics courses for students through grade 12 who— (I) are eligible to receive a free or reduced priced lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. (II) come from families with an income that is below the poverty line; (v) student achievement gaps in science, technology, engineering, and mathematics subjects; (vi) the percentage of students who successfully— (I) complete Advanced Placement or International Baccalaureate courses in science, technology, engineering, and mathematics subjects; or (II) complete rigorous, credit-bearing postsecondary education courses in science, technology, engineering, and mathematics subjects; (vii) the information collected under section 1111(d)(3)(B)(viii)(IV); (viii) available instructional systems and supports, such as curricula, instructional materials, professional development, teacher evaluation systems, and assessments; (ix) science, technology, engineering, and mathematics teacher qualifications; and (x) teacher shortages and teacher distribution among local educational agencies and schools in science, technology, engineering, and mathematics subjects; (C) shall include labor market information regarding the industry and business workforce needs within the area served by the eligible entity; (D) shall include an analysis of the quality of pre-service preparation at all public institutions of higher education (including alternative pathways to teacher licensure or certification) for individuals preparing to teach science, technology, engineering, and mathematics subjects in a preschool, elementary school, or secondary school in the State; and (E) shall include an analysis of the implementation of any multi-tier systems of support that have been employed in the State or States served by the eligible entity to address the learning needs of students in any science, technology, engineering, and mathematics subjects. (2) An identification of the specific science, technology, engineering, and mathematics subjects that the State or eligible entity will address through the activities described in section 4205, consistent with the needs identified under paragraph (1) (referred to in this subpart as identified subjects (3) A description, in a manner that addresses any needs identified under paragraph (1), of— (A) how grant funds will be used by the State or eligible entity to improve instruction in identified subjects using evidence-based programs of instruction that are aligned with the college and career ready standards and academic assessments under paragraphs (1) and (2) of section 1111(a); (B) how grant funds will be used to support subgrantees and other high-need local educational agencies in the employment of multi-tiered systems of support to provide early intervening services, as described in section 613(a)(4)(A)(ii) of the Individuals with Disabilities Education Act, and to increase student achievement in identified subjects; (C) the process that the State or eligible entity will use for awarding subgrants, including how relevant stakeholders will be involved; (D) how the State’s or eligible entity’s activities and subgrants will be coordinated with other Federal, State, and local programs and activities, including career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. (E) the technical assistance that the State or eligible entity will provide to subgrantees to support the activities undertaken by the subgrantees; (F) how the State or eligible entity will evaluate the activities funded, both at the State and subgrantee level, with funds provided under this subpart, and in a manner consistent with any evaluation activities carried out by the Institute of Education Sciences under section 4207, or the National Science Foundation; (G) how the State or eligible entity will allocate funds in a manner that will provide services to both elementary schools and secondary schools; (H) how the State or eligible entity will provide targeted support to improve instruction in high-need local educational agencies and high-need schools; (I) how the State or eligible entity’s proposed project will ensure an increase in access for students who are members of groups underrepresented in science, technology, engineering, and mathematics subject fields to high-quality courses in 1 or more of the identified subjects; and (J) how the State or eligible entity will continue to involve stakeholders in education reform efforts related to science, technology, engineering, and mathematics instruction. (4) Assurances that the State or eligible entity will monitor implementation of approved subgrantee plans. (c) Additional Funding A State or eligible entity that submits a request to use the additional State activities reservation described in section 4205(d)(2), shall provide, in a manner that addresses the needs identified under subsection (b)(1), a description of the activities that the eligible entity will carry out with such funds, consistent with section 4205. 4205. Authorized activities (a) Required activities Each State or eligible entity that receives a grant under this subpart shall use the grant funds to carry out each of the following activities: (1) Increasing access for students through grade 12 who are members of groups underrepresented in science, technology, engineering, and mathematics subject fields to high-quality courses in the identified subjects. (2) Implementing evidence-based programs of instruction based on high-quality standards and assessments in the identified subjects. (3) Providing professional development and other comprehensive systems of support for teachers and school leaders to promote high-quality instruction and instructional leadership in the identified subjects. (4) Providing technical assistance to subgrantees and other high-need schools and local educational agencies in order to improve student achievement and narrow achievement gaps in identified subjects, including through— (A) the development and implementation of multi-tier systems of support; and (B) the development of curriculum or instructional materials consistent with the principals of universal design for learning. (b) Permissible activities Each State or eligible entity that receives a grant under this subpart may use the grant funds to carry out 1 or more of the following activities: (1) Recruiting qualified teachers and instructional leaders who are trained in identified subjects, including teachers who have transitioned into the teaching profession from a career in science, technology, engineering, and mathematics fields. (2) Recruiting and training teachers to teach dual credit and dual enrollment postsecondary-level courses to high school students in identified subjects. (3) Providing induction and mentoring services to new teachers in identified subjects. (4) Developing instructional supports, such as curricula and assessments, which shall be evidence-based and aligned with State college and career ready academic content standards under section 1111(a)(1), and may include Internet-based curricula and Internet-based instructional supports. (5) Implementing an interdisciplinary approach, by integrating instruction in 1 or more science, technology, engineering, and mathematics subjects with reading, English language arts, or instruction in other core academic subjects and noncore academic subjects. (c) Subgrants (1) In General Each State or eligible entity that receives a grant under this section shall award subgrants, on a competitive basis, to eligible subgrantees. (2) Minimum Subgrant A State or eligible entity shall award subgrants under this subsection that are of sufficient size and scope to support high-quality, evidence-based, effective programs that are consistent with the purpose of this subpart. (3) Subgrantee Application (A) In General Each eligible subgrantee desiring a subgrant under this subsection shall submit an application to the State or eligible entity at such time, in such manner, and accompanied by such information as the State or eligible entity may require. (B) Contents of Subgrantee Application At a minimum, the application described in subparagraph (A) shall include the following: (i) A description of the activities that the eligible subgrantee will carry out, and how such activities will improve teaching and student academic achievement in the identified subjects, in a manner consistent with scientifically valid research. (ii) A description of how the eligible subgrantee will use funds provided under this subsection to serve students and teachers in high-need schools. (iii) A description of how funds provided under this subsection will be coordinated with other Federal, State, and local programs and activities, including career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. (iv) If the eligible subgrantee is working with outside partners, a description of how such outside partners will be involved in improving instruction and increasing access to high-quality learning experiences in the identified subjects. (4) Subgrantee Use of Funds (A) Required Use of Funds Each subgrantee under this subsection shall use the subgrant funds to carry out activities for students through grade 12, consistent with the activities described in the subgrantee's application, which shall include— (i) high-quality teacher and instructional leader recruitment, support, and evaluation in the identified subjects; (ii) professional development, which may include development and support for instructional coaches, to enable teachers and instructional leaders to increase student achievement in identified subjects, through— (I) implementation of classroom assessments; and (II) differentiation of instruction in identified subjects for all students, including for students who are children with disabilities and students who are English learners; (iii) activities to— (I) improve the content knowledge of teachers; and (II) facilitate professional collaboration, which may include providing time for such collaborations; (iv) the development, adoption, and improvement of high-quality curricula and instructional supports that— (I) are aligned with State college and career ready academic content standards under section 1111(a)(1); and (II) the eligible subgrantee will use to improve student academic achievement in identified subjects; (v) the development or improvement, and implementation, of multi-tier systems of support to provide early intervening services and to increase student achievement in 1 or more of the identified subjects; and (vi) integrating instruction in the identified subjects with instruction in reading, English language arts, or other core and noncore academic subjects. (B) Allowable Use of Funds In addition to the required activities described in subparagraph (A), each eligible subgrantee that receives a subgrant under this subsection, may also use the subgrant funds to— (i) support the participation of low-income students in nonprofit competitions related to science, technology, engineering, and mathematics subjects (such as robotics, science research, invention, mathematics, computer science, and technology competitions); (ii) broaden secondary school students' access to, and interest in, careers that require academic preparation in 1 or more identified subjects; and (iii) broaden secondary school students' access to early college high schools, dual enrollment, or concurrent enrollment courses in science, technology, engineering, and mathematics subjects, including providing professional development to teachers and leaders related to this work. (C) Limitation Each subgrantee that receives a subgrant under this subsection shall not expend more than 15 percent of the subgrant funds on the activities described in subparagraph (B). (D) Matching funds A State or eligible entity shall require an eligible subgrantee receiving a subgrant under this subsection to demonstrate that such subgrantee has obtained a commitment from 1 or more outside partners to match, using non-Federal funds or in-kind contributions, not less than 15 percent of the amount of subgrant funds. In the case of significant financial hardship, an eligible subgrantee may apply to the State or eligible entity for, and the State or eligible entity may grant, a waiver of a portion of the minimum matching funds requirement. (d) State Activities (1) In General Each State or eligible entity that receives a grant under this subpart may use not more than 5 percent of grant funds for— (A) administrative costs; (B) monitoring the implementation of subgrants; (C) providing technical assistance to subgrantees; and (D) evaluating subgrants in coordination with the evaluation described in section 4207. (2) Reservation Each State or eligible entity that receives a grant under this subpart may submit a request to the Secretary to reserve not more than 15 percent of grant funds, inclusive of the amount described in paragraph (1), for additional State activities, consistent with subsections (a) and (b). 4206. Performance metrics; report (a) Establishment of Performance Metrics The Secretary, acting through the Director of the Institute of Education Sciences, shall establish performance metrics to evaluate the effectiveness of the activities carried out under this subpart. (b) Annual Report Each State or eligible entity that receives a grant under this subpart shall prepare and submit an annual report to the Secretary, which shall include information relevant to the performance metrics described in subsection (a). 4207. Evaluation From the amount reserved in accordance with section 9601, the Secretary shall— (1) acting through the Director of the Institute of Education Sciences, and in consultation with the Director of the National Science Foundation— (A) evaluate the implementation and impact of the activities supported under this subpart, including progress measured by the metrics established under section 4206(a); and (B) identify best practices to improve instruction in science, technology, engineering, and mathematics subjects; and (2) disseminate, in consultation with the National Science Foundation, research on best practices to improve instruction in science, technology, engineering, and mathematics subjects. 4208. Supplement not supplant Funds received under this subpart shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this subpart. 4209. Maintenance of effort A State that receives funds under this subpart for a fiscal year shall maintain the fiscal effort provided by the State for the subjects supported by the funds under this part at a level equal to or greater than the level of such fiscal effort for the preceding fiscal year. 2 STEM Master Teacher Corps Program 4221. Purpose The purpose of this subpart is to establish a STEM Master Teacher Corps program that— (1) elevates the status of the STEM teaching profession by recognizing and rewarding outstanding STEM teachers; (2) attracts and retains effective STEM teachers, particularly in high-need schools, by offering them additional compensation, instructional resources, and instructional leadership roles; and (3) creates a network of outstanding STEM teacher-leaders who will— (A) share best practices and resources; (B) take on leadership responsibilities in their schools, districts, States (if part of the participating area), or consortia with the authority to provide professional support to their STEM colleagues not participating in the STEM Master Teacher Corps; (C) aid in the development and retention of beginning teachers by serving as their role models and providing them with instructional support; and (D) inform the development of STEM education policy. 4222. Definitions In this subpart: (1) Eligible entity The term eligible entity (A) institutions of higher education; or (B) nonprofit organizations with a demonstrated record of success in preparing or improving the effectiveness of STEM teachers. (2) Participating area The term participating area (A) in the case of an eligible entity that includes a State educational agency or consortium of State educational agencies, the State or States; or (B) in the case of an eligible entity that includes a consortium of local educational agencies, the area served by such agencies. (3) Rural school The term rural school (A) designated with a school locale code of Distant Town, Remote Town, Fringe Rural, Distant Rural, or Remote Rural; and (B) served by a local educational agency in which not less than two-thirds of the students served by the agency attend a school designated with 1 of the school locale codes listed in subparagraph (A). (4) STEM The term STEM 4223. STEM Master Teacher Corps Program (a) In general (1) Grants authorized From the amount reserved under section 4203(a)(1)(C), the Secretary, in consultation with the Director of the National Science Foundation and the heads of other appropriate Federal agencies, as determined by the Secretary, shall establish a STEM Master Teacher Corps program by awarding, on a competitive basis, 1 or more grants of not less than $15,000,000 each to eligible entities to enable the eligible entities to establish the program, in accordance with section 4225. (2) Planning grants The Secretary may award planning grants to eligible entities to enable the entities to make plans to establish the program, in accordance with section 4225. (b) Duration of grant (1) In general A grant awarded under this subpart shall be for a period of not more than 5 years. (2) Review The Secretary shall— (A) review, 3 years after an eligible entity is awarded a grant under this subpart, the performance of the entity during the 3-year period; and (B) fund the remaining grant period for such entity if the Secretary determines, based on such review, that the entity is achieving satisfactory results. (c) Matching requirement (1) In general Except as provided in paragraph (2), an eligible entity that receives a grant under this subpart shall provide, from non-Federal sources, an amount equal to not less than 50 percent of the amount of the grant, which may be provided in cash or in-kind, to carry out the activities supported by the grant. (2) Exception (A) In general The Secretary may waive the 50 percent matching requirement under paragraph (1) for an eligible entity that the Secretary determines is unable to meet such requirement. The Secretary shall set a matching requirement for such eligible entities according to the sliding scale described in subparagraph (B). (B) Sliding scale The amount of a match under subparagraph (A) shall be established based on a sliding fee scale that takes into account— (i) the relative poverty of the population to be targeted by the eligible entity; and (ii) the ability of the eligible entity to obtain such matching funds. (3) Consideration The Secretary shall not consider an eligible entity's ability to match funds when determining which eligible entities will receive grant awards under this subpart. 4224. Application (a) In general An eligible entity desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents An application submitted under this section shall include— (1) a description of the STEM Master Teacher Corps program that the eligible entity intends to carry out, including the number of Corps members the entity intends to select, the intended distribution of subjects and grade levels taught, the geographic and economic characteristics of the local educational agencies that are part of the participating area, such as the rural-urban continuum codes and proportion of high-need schools served, and the type of activities proposed for recruitment of Corps members; (2) a description of the roles and responsibilities that each participating local educational agency, State, institution of higher education, or nonprofit organization, as applicable, will have; (3) a demonstration that the entity has sufficient capacity to carry out the activities described in section 4225; (4) a description of the member selection process and criteria that the applicant will use to select members of the STEM Master Teacher Corps, in accordance with section 4225(b); (5) a description of how the eligible entity intends to facilitate networking and sharing of best practices and educational resources relating to STEM education among Corps members, particularly at rural schools, if applicable, and make a selection of these best practices and resources more widely available to other teachers and the STEM educational community, including through electronic means; (6) a demonstration that the entity has a clear plan for— (A) offering research-based professional development to Corps members, including training on instructional leadership, mentoring, engaging and effectively teaching historically underachieving or underrepresented groups in STEM fields, such as girls, minorities, low-income students, English learners, and students who are children with disabilities, and effective STEM teaching methods, such as incorporating hands-on STEM projects into their lesson plans; and (B) tracking the effectiveness of such professional development; (7) a demonstration that the entity has a clear plan for evaluating the impact of the professional support provided by STEM Master Teacher Corps members to other teachers in their school, district, and participating area; (8) a description of how the local educational agencies and schools served by the eligible entity intend to align STEM Master Teacher Corps members’ duties with school systems and activities already in place, if applicable, such as professional development and mentoring; (9) an explanation of how STEM Master Teacher Corps members will be afforded the time, authority, and resources to fulfill requirements under the program, and how other teachers will be afforded the time to receive professional support from Corps members; (10) a demonstration that the entity has a clear plan for oversight to ensure that STEM Master Teacher Corps members carry out the responsibilities described in section 4225(c) to the fullest extent practicable, and a description of the actions to be taken if a member does not carry out such responsibilities; and (11) a description of how the grant funds will be financially managed. (c) Criteria for awarding grants (1) In general The Secretary shall award grants under this subpart on the basis of merit considering, at a minimum, the following: (A) The extent to which the local educational agencies that are part of the eligible entity are committed to integrating the program into existing school structures, policies, operations, and budgets, such as by enabling STEM Master Teacher Corps members to take on leadership roles in their schools, districts, and participating area, in addition to their classroom duties, including assisting in the development and implementation of professional development activities and driving the instructional program of the school. (B) The quality of the proposed professional development, teacher leadership and mentorship activities, and networking opportunities. (C) Demonstration that the local educational agencies and schools they serve have removed barriers to full participation in the program, including affording Corps members and the teachers they mentor the time to participate in activities required by the program. (D) The number and quality of the individuals that will be served by the program. (E) The capacity of the eligible entity to effectively carry out the program. (2) Priority In awarding grants under this subpart, the Secretary shall give priority to— (A) eligible entities that intend to include large numbers of teachers in the STEM Master Teacher Corps; and (B) eligible entities that intend to include rural schools, particularly high-need rural schools, in the participating area to be served. 4225. Required use of funds (a) In general An eligible entity receiving a grant under this subpart shall use grant funds to— (1) administer the selection of teachers for membership in the STEM Master Teacher Corps, in accordance with the requirements of subsection (b); (2) provide compensation to each public school teacher who is selected and serves as a member of the STEM Master Teacher Corps, in recognition of the teacher's teaching accomplishments, leadership, and increased responsibilities, which amount shall— (A) supplement, and not supplant, the teacher's base salary; and (B) be equal to— (i) in the case of a teacher who teaches at a high-need public school, including a high-need charter school, $15,000 per year for each year the teacher serves as a member of the Corps; and (ii) in the case of a teacher who teaches at a public school, including a charter school, that is not a high-need school, $5,000 per year for each year the teacher serves as a member of the Corps; (3) provide research-based professional development activities for members of the STEM Master Teacher Corps, as described in section 4224(b)(6), and track the effectiveness of such professional development in order to determine whether to alter professional development activities; (4) provide discretionary resources for STEM Master Teacher Corps members at high-need public schools to use in their classrooms and schools, including for after school activities to enrich STEM education and for equipment and technology to facilitate long distance networking, mentoring, and sharing of best practices; (5) assist in coordinating instructional leadership roles for STEM Master Teacher Corps members and mentoring relationships between STEM Master Teacher Corps members and other teachers in the same school, school district, and participating area in which the Corps members serve as instructional leaders; (6) facilitate efforts by STEM Master Teacher Corps members to inform STEM education policy at the national, State, and local levels; (7) help defray costs associated with affording STEM Master Teacher Corps members the time to fulfill their duties as Corps members; and (8) support other activities that advance the purpose of this subpart. (b) Selecting Members of the STEM Master Teacher Corps (1) Selection criteria for corps members The eligible entity shall select, as members of the STEM Master Teacher Corps, exemplary STEM teachers at the elementary school and secondary school levels who teach in the participating area, which may also include special education teachers and teachers of English learners who teach a STEM subject. In selecting the members, the eligible entity shall— (A) make decisions based on the teacher's— (i) ability to improve student academic achievement in the STEM fields, as demonstrated by, if applicable, student academic growth in such fields; (ii) ability to enhance student engagement in such fields; (iii) record of leadership in the teacher’s school and involvement in professional and outreach activities; (iv) record of teaching students described in subclause (II) or (III) of section 1111(a)(3)(B)(ii); and (v) demonstrated ability to facilitate student academic achievement growth with the students described in clause (iv), where such measures are available; and (B) evaluate the teacher’s ability and record based on multiple measures, such as— (i) teacher evaluations of pedagogical skills; (ii) an assessment of content knowledge; (iii) the performance and improvement of the teacher’s students on tests; (iv) demonstration of practical professional experience in the teacher’s discipline, such as having worked in industry or research; (v) involvement in STEM discipline professional societies; (vi) STEM outreach and community involvement; and (vii) certification by the National Board for Professional Teaching Standards, or other equivalently rigorous, performance-based, peer-reviewed certification, as a high-performing teacher. (2) Overall corps membership requirements An eligible entity receiving a grant under this subpart shall ensure that— (A) not more than 5 percent of the STEM teachers who teach in the participating area are members of the Corps; (B) not less than 75 percent of the STEM Master Teacher Corps members are teachers at high-need schools; (C) the proportion of STEM Master Teacher Corps members in the participating area who teach at rural high-need schools is not less than the proportion of all teachers who teach at rural high-need schools in the participating area; (D) there are multiple cohorts of STEM Master Teacher Corps members; and (E) the STEM Master Teacher Corps includes teachers from each of the disciplines of science, technology, engineering, and mathematics, if teachers from each of these disciplines meeting the standards of Corps membership are available in the participating area and may include teachers of career and technical education. (3) Participation of private school teachers An eligible entity may select STEM teachers who teach at private schools in the participating area to be members of the STEM Master Teacher Corps, except that— (A) not more than 5 percent of teachers selected as STEM Master Teacher Corps members shall be teachers at private schools; and (B) private school teachers shall not be eligible for compensation described in subsection (a)(2), discretionary resource funds described in subsection (a)(4), or for defrayment funds described in subsection (a)(7). (c) Corps member requirements Each teacher selected to be a member of the STEM Master Teacher Corps who wishes to join the Corps shall enter into an agreement with the eligible entity, under which the teacher shall, as a condition of receiving the compensation described in subsection (a)(2) and the discretionary resources described in subsection (a)(4), agree to carry out the responsibilities of a master teacher as required by the eligible entity, including— (1) participating in professional development activities offered by the program; (2) networking and sharing best practices and educational resources with other members of the STEM Master Teacher Corps; and (3) contributing to the professional development of the teacher's colleagues, which may include providing school-based professional support to other STEM teachers through regular weekly professional development sessions and individual coaching, where possible, leading professional learning communities, and taking on other instructional leadership roles in the teacher's school, district, State, if part of the participating area, or consortium. (d) Collection for Noncompliance (1) Monitoring compliance Each eligible entity that receives a grant under this subpart shall monitor whether each teacher the entity selects to be a member of the STEM Master Teacher Corps is in compliance with the Corps member requirements described in subsection (c). (2) Collection of repayment (A) In general A teacher selected to be a member of the STEM Master Teacher Corps shall repay the additional compensation provided for a school year described in subsection (a)(2) to the eligible entity if— (i) the entity finds the teacher not in compliance with the Corps member requirements described in subsection (c) and the entity determines the teacher should no longer be a member of the Corps for such year; or (ii) the teacher withdraws during such year from membership in the Corps without an accepted excuse, as determined by the eligible entity. (B) Compensation returned to the Treasury (i) In general Except as provided in clause (ii), an eligible entity that receives repaid compensation under subparagraph (A) shall return such compensation to the United States Treasury. (ii) Administrative costs An eligible entity that receives repaid compensation under subparagraph (A) may retain a percentage, determined by the Secretary, of such repayment to defray administrative costs associated with the collection. 4226. Performance metrics; report (a) Establishment of performance metrics The Secretary, acting through the Director of the Institute of Education Sciences, shall establish performance metrics to evaluate the effectiveness of the activities carried out under this subpart. (b) Annual report Each eligible entity that receives a grant under this subpart shall prepare and submit an annual report to the Secretary, which shall include information relevant to the performance metrics described in subsection (a). 4227. Supplement not supplant Funds received under this subpart shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this subpart. 4228. Evaluation From the amount reserved in accordance with section 9601, the Secretary shall— (1) acting through the Director of the Institute of Education Sciences, and in consultation with the Director of the National Science Foundation— (A) evaluate the implementation and impact of the activities supported under this subpart, with regard to the program's success in achieving the purpose described in section 4221; (B) identify optimal strategies for the design, implementation, and continuing development of the STEM Master Teacher Corps program; and (C) identify best practices for developing, supporting, and retaining STEM teachers based on lessons learned from the STEM Master Teacher Corps program; and (2) disseminate findings from the evaluation conducted under paragraph (1) to the STEM education field and make the findings publicly available. . 4104. Increasing access to a well-rounded education Title IV ( 20 U.S.C. 7101 et seq. C Increasing access to a well-rounded education and financial literacy 1 Increasing access to a well-rounded education 4301. Purpose The purpose of this subpart is to improve the academic achievement of low-income students by giving students increased access to high-quality instruction for a well-rounded education. 4302. Definitions In this subpart: (1) Covered subjects The term covered subjects (A) Arts. (B) Civics and government. (C) Economics. (D) Environmental education, including agricultural education programs. (E) Financial literacy. (F) Foreign languages. (G) Geography. (H) Health education. (I) History. (J) Music. (K) Physical education. (L) Social studies. (2) Eligible entity The term eligible entity (A) a nonprofit organization with a demonstrated record of success in improving student achievement in 1 or more covered subjects; (B) an institution of higher education; (C) a local educational agency; (D) an educational service agency; or (E) 1 or more other State educational agencies. (3) Eligible subgrantee The term eligible subgrantee (A) a high-need local educational agency; (B) an educational service agency serving more than 1 high-need local educational agency; or (C) a consortium of high-need local educational agencies. (4) Low-income student The term low-income student (A) from a family with an income below the poverty line; or (B) who is eligible for free or reduced-price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. 4303. Grant program (a) Grants to eligible entities From amounts appropriated to carry out this subpart for a fiscal year, and not reserved in accordance with section 9601, the Secretary shall make grants to eligible entities to enable the eligible entities to carry out the activities described in subsection (e). (b) Duration A grant under this section shall be for a period of not more than 5 years. (c) Payments (1) Contingent Payments After the third year of a grant under this section, the Secretary shall make continued funding under the grant contingent upon the eligible entity's progress toward reaching the goals established under the metrics described in subsection (h)(1). (2) Formula (A) Distribution Trigger (i) Amount to Trigger Formula If the amount of funds appropriated to carry out this subpart for a fiscal year equals or exceeds $500,000,000, then the Secretary shall award grants to eligible entities based on the formula described under subparagraph (B). (ii) Amount to Trigger Competitive Grant Process If the funds appropriated to carry out this subpart for a fiscal year are less than $500,000,000, then the Secretary shall award grants to eligible entities on a competitive basis. (B) Formula From funds made available to carry out this subpart for a fiscal year, and not reserved in accordance with section 9601, the Secretary shall allot to each eligible entity having an application approved under subsection (d)— (i) an amount that bears the same relationship to 80 percent of the remainder as the number of individuals ages 5 through 17 from families with incomes below the poverty line, in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all States that have an application approved under such subparagraph; and (ii) an amount that bears the same relationship to 20 percent of the remainder as the number of individuals ages 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all States that have an application approved under such subparagraph. (C) Exceptions (i) Minimum Grant Amount Subject to clause (ii), no State receiving an allotment under subparagraph (B) may receive less than 1 percent of the total amount allotted under such subparagraph. (ii) Puerto Rico The percentage of the amount allotted under subparagraph (B) that is allotted to the Commonwealth of Puerto Rico for a fiscal year may not exceed the amount under clause (i). (D) Peer-Review Requirements The Secretary shall establish a peer-review process to ensure that applications submitted for formula funding, as described in subparagraph (B), are of high quality and meet the requirements and purposes of this subpart. (d) Application (1) In general Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Contents The application shall, at a minimum— (A) describe the needs identified by the eligible entity, based on the eligible entity's analysis of— (i) student access to, and quality of instruction in, covered subjects, including a comparison of such access and quality between low-income and non-low-income students in the State served by the eligible entity; (ii) the capacity of high-need local educational agencies in such State to deliver high-quality instruction in covered subjects, including an analysis of instructional supports, curricula, professional growth and improvement systems, and teacher qualifications, effectiveness, knowledge, and skills; (iii) the capacity of the eligible entity to provide local educational agencies with the support, including professional development and technical assistance, needed to deliver high-quality instruction and develop curricula in covered subjects; and (iv) standards, assessments, curricula, accommodations, and other supports used in such State in covered subjects; (B) identify the covered subjects that the eligible entity will address through the activities described in subsection (e), consistent with the needs identified in subparagraph (A); (C) describe, in a manner that addresses the needs identified in subparagraph (A)— (i) how access to high-quality courses in the subjects identified in subparagraph (B) will be increased for low-income students in such State; (ii) how the knowledge and skills of teachers will be evaluated and improved so that such teachers will deliver high-quality instruction in such subjects; (iii) how the eligible entity will provide assistance to high-need local educational agencies to improve student access to, and achievement in, the subjects identified in subparagraph (B), including through principal training; and (iv) how the eligible entity will ensure that all activities funded through a grant awarded under this section are evidence-based; (D) describe how activities funded through a grant awarded under this section will be aligned with other Federal, State, and local funding, programs, and strategies, as appropriate; and (E) if applicable, describe the eligible entity's plan for disbursing funds to eligible subgrantees to implement the activities described in subsection (e). (3) Competitive priority If grants are awarded competitively, consistent with subsection (c)(2)(A)(ii), the Secretary shall give priority to applications from eligible entities that include in the application — (A) a plan to implement an interdisciplinary approach, by integrating instruction in 1 or more covered subjects with reading, English, language arts, science, or mathematics instruction; and (B) a plan to provide expanded learning time in the schools served by eligible subgrantees, in order to increase access to covered subjects. (e) Authorized Activities (1) In General Each eligible entity that receives a grant under this section shall use the grant funds to increase access for low-income students, including students who are English learners and students who are children with disabilities, to high-quality instruction in at least 1 of the covered subjects by carrying out 1 or more of the following activities: (A) Improving the knowledge and skills of teachers through professional growth and improvement systems, and other instructional supports. (B) Building local capacity to develop and implement high-quality curricula, instructional supports, and assessments that are aligned with the State college and career ready academic content and achievement standards, consistent with section 1111(a)(1), in such subjects. (2) Special Rule Each eligible entity that receives a grant under this section shall use grant funds to meet the needs identified in subsection (d)(2)(A) and the Secretary shall not require any eligible entity to address a specific subject or to address all covered subjects. (3) State Administration Each eligible entity that receives a grant under this section may reserve not more than 4 percent of grant funds for administration costs of the grant. (f) Subgrants (1) In General Each eligible entity that receives a grant under this section may, in accordance with paragraph (2), award subgrants, on a competitive basis, to eligible subgrantees to enable such eligible subgrantees to carry out the activities described in subsection (e). (2) Minimum Subgrant Each subgrant under this subsection shall be of sufficient size and scope to support a high-quality, effective program that is consistent with the purpose of this subpart. (g) Evaluation From the amount reserved in accordance with section 9601, the Secretary shall— (1) acting through the Director of the Institute of Education Sciences— (A) evaluate, in consultation with the relevant program office at the Department of Education, the implementation and impact of the activities supported under this section, including progress as measured by the metrics established under subsection (h)(1); and (B) identify best practices to improve instruction in covered subjects; and (2) disseminate research on best practices to improve instruction in covered subjects. (h) Accountability (1) Performance metrics The Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, establish performance metrics to evaluate the outcomes of grant projects that are assisted under this subpart. (2) Annual Reports Each eligible entity that receives a grant under this section shall prepare and submit an annual report to the Secretary, which shall include information about the performance metrics described in paragraph (1). (i) Supplement not Supplant An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant such funds. (j) Maintenance of Effort A State that receives assistance under this subpart shall maintain the fiscal effort provided by the State for the subjects supported by a grant under this subpart at a level equal to or greater than the level of such fiscal effort for the preceding fiscal year. 2 Financial literacy education 4311. Short title This subpart may be cited as the Financial Literacy for Students Act 4312. Statewide incentive grants for financial literacy education (a) Grants Authorized From amounts made available under this subpart, the Secretary may award grants to State educational agencies to enable State educational agencies, on a statewide basis— (1) to integrate financial literacy education into each public elementary school and public secondary school within the State that is eligible to receive funds under subpart 1 of part A of title I; and (2) to provide professional development regarding the teaching of financial literacy in core academic subjects to each secondary school teacher of financial literacy or entrepreneurship within the State. (b) Permissible uses of funds In carrying out the grant activities described in subsection (a), the State educational agency may use grant funds to— (1) implement school-based financial literacy activities, including after school activities; (2) enhance student understanding and experiential learning with consumer, economic, entrepreneurship, and personal finance concepts; and (3) promote partnerships with community-based organizations, financial institutions, local businesses, entrepreneurs, or other organizations providing financial literacy activities. (c) Limitation on uses of funds A State educational agency receiving grant funds under this section shall not use more than 20 percent of such grant funds to carry out the following: (1) Teacher professional development programs to embed financial literacy or personal finance or entrepreneurship education into core academic subjects. (2) Curriculum development. (3) An evaluation of the impact of financial literacy or personal finance education on students' understanding of financial literacy concepts. (d) Matching funds A State educational agency that receives a grant under this section shall provide matching funds, from non-Federal sources, in an amount equal to 25 percent of the amount of grant funds provided to the State to carry out the activities supported by the grant. . 4105. Successful, safe, and healthy students Title IV (20 U.S.C. 7101 et seq.) is amended by inserting after part C, as added by section 4104 of this Act, the following: D Successful, safe, and healthy students 4401. Purpose The purpose of this part is to assist States and local educational agencies in developing and implementing comprehensive programs and strategies to foster positive conditions for learning in public schools, in order to increase academic achievement for all students through the provision of Federal assistance to States for the— (1) promotion of student physical health and well-being, nutrition, and fitness; (2) promotion of student mental health and well-being; (3) prevention of school violence, harassment, and substance abuse among students; and (4) promotion of safe and supportive schools. 4402. Definitions In this part: (1) Child and adolescent psychiatrist The term child and adolescent psychiatrist (A) possesses State medical licensure; and (B) has completed residency training programs in both general psychiatry and child and adolescent psychiatry. (2) Conditions for learning The term conditions for learning (A) advance student achievement and positive child and youth development by proactively supporting schools; (B) are applied in and around the school building, on pathways to and from the school and students' homes, at school-sponsored activities, and through electronic and social media involving students or school personnel; (C) promote physical, mental, and emotional health; (D) ensure physical and emotional safety for students and staff; (E) promote social, emotional, and character development; and (F) have the following attributes: (i) Provide opportunities for physical activity, good nutrition, and healthy living. (ii) Prevent the use and abuse of drugs. (iii) Ensure that the school environments described in subparagraph (B) are— (I) free of weapons; and (II) free of harassment, abuse, dating violence, and all other forms of interpersonal aggression or violence. (iv) Do not condone or tolerate unhealthy or harmful behaviors, including discrimination of any kind. (v) Help staff and students to model positive social and emotional skills, including tolerance and respect for others. (vi) Promote concern for the well-being of students, including through the presence of caring adults. (vii) Ensure that the adults employed by the school— (I) have high expectations for student conduct, character, and academic achievement and the capacity to establish supportive relationships with students; and (II) are provided specialized training specific to the students’ stages of development. (viii) Engage families and community members with the school in meaningful and sustained ways, such as through case management services, to promote positive student academic achievement and developmental and social growth, including noncognitive skill development. (ix) To the extent practicable, provide access to school nurses, school counselors, and school social workers for the promotion of student physical health, mental health, and well-being. (3) Controlled substance The term controlled substance 21 U.S.C. 812(c) (4) Drug The term drug (A) a controlled substance; (B) with respect to alcohol and tobacco, the illegal use of such substances; and (C) with respect to inhalants and anabolic steroids, the harmful, abusive, or addictive use of such substances. (5) Drug and violence prevention The term drug and violence prevention (A) with respect to drugs, prevention, early intervention, rehabilitation referral, or education related to the abuse and illegal use of drugs, in order to— (i) raise awareness about the costs and consequences of drug use and abuse; (ii) change attitudes, perceptions, and social norms about the dangers and acceptability of alcohol, tobacco, and drugs; and (iii) reduce access to and use of alcohol, tobacco, and drugs; and (B) with respect to violence, the promotion of school safety in and around the school building, on pathways to and from the school and students' homes, at school-sponsored activities, and through electronic and social media involving students or school personnel, through the creation and maintenance of a school environment that— (i) is free of— (I) weapons; (II) violent and disruptive acts; (III) harassment; (IV) sexual harassment, dating violence, and abuse; and (V) victimization associated with prejudice and intolerance; (ii) fosters individual responsibility and respect for the rights and dignity of others; (iii) employs positive, preventative approaches to school discipline, such as schoolwide positive behavioral interventions and supports and restorative justice, that improve student engagement while minimizing students’ removal from instruction and reducing the frequency of discipline infractions and disparities among the subgroups of students described in section 1111(a)(3)(D); and (iv) demonstrates preparedness and readiness to respond to, and recover from, incidents of school violence. (6) Eligible local applicant The term eligible local applicant (A) a local educational agency; (B) a consortium of local educational agencies; or (C) a nonprofit organization that has a track record of success in implementing the activities proposed in the grant application and has signed a memorandum of understanding with a local educational agency or consortium of local educational agencies that the organization will, upon receipt of a subgrant under this part— (i) implement school-based activities and programs described in section 4404(i)(1)(A)(iii) in 1 or more schools served by the local educational agency or consortium; and (ii) conduct school-level measurement of conditions for learning that are consistent with the State's conditions for learning measurement system under section 4404(h). (7) Harassment The term harassment (A) is sufficiently severe, persistent, or pervasive to limit or interfere with a student's ability to participate in or benefit from a program or activity of a public school or educational agency, including acts of verbal, nonverbal, or physical aggression, intimidation, or hostility, and communications made available through electronic means; and (B) is based on— (i) a student's actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion; (ii) the actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion of a person with whom a student associates or has associated; or (iii) any other distinguishing characteristics that may be enumerated by a State or local educational agency. (8) Other qualified psychologist The term other qualified psychologist (A) is licensed in psychology by the State in which the individual works; and (B) practices in the scope of the individual's education, training, and experience with children in school settings. (9) Physical education indicators The term physical education indicators (A) for the State, for each local educational agency in the State, and for each elementary school and secondary school in the State, the average number of minutes per week (averaged over the school year) that all students spend in required physical education, and the average number of minutes per week (averaged over the school year) that all students engage in moderate to vigorous physical activity, as measured against established recommended guidelines of the Centers for Disease Control and Prevention and the Department of Health and Human Services; (B) for the State, the percentage of local educational agencies that have a required, age-appropriate physical education curriculum that adheres to Centers for Disease Control and Prevention guidelines and State standards; (C) for the State, for each local educational agency in the State, and for each elementary school and secondary school in the State, the percentage of elementary school and secondary school physical education teachers who are licensed or certified in the State to teach physical education; (D) for the State, and for each local educational agency in the State, the percentage of elementary schools and secondary schools that have a physical education teacher who is certified or licensed to teach physical education and adapted physical education in the State; (E) for each school in the State, the number of indoor square feet and the number of outdoor square feet used primarily for physical education; and (F) for the State, the percentage of local educational agencies that have a school wellness council that— (i) includes members appointed by the local educational agency superintendent; (ii) may include parents, students, representatives of the school food authority, representatives of the school board, school administrators, school nurses, and members of the public; and (iii) meets regularly to promote a healthy school environment. (10) Prescription drug The term prescription drug (11) Programs to promote mental health The term programs to promote mental health (A) develop students’ social and emotional competencies; (B) link students with local mental health systems by— (i) enhancing, improving, or developing collaborative efforts between school-based service systems and mental health service systems to provide, enhance, or improve prevention, diagnosis, and treatment services to students, and to improve student social and emotional competencies; (ii) enhancing the availability of— (I) crisis intervention services; (II) appropriate referrals for students potentially in need of mental health services, including suicide prevention; and (III) ongoing mental health services; and (iii) providing services that establish or expand school counseling and mental health programs that— (I) are comprehensive in addressing the counseling, social, emotional, behavioral, mental health, and educational needs of all students; (II) use a developmental, preventive approach to counseling and mental health services; (III) are linguistically appropriate and culturally responsive; (IV) increase the range, availability, quantity, and quality of counseling and mental health services in the elementary schools and secondary schools of the local educational agency; (V) expand counseling and mental health services through— (aa) school counselors, school social workers, school psychologists, other qualified psychologists, child and adolescent psychiatrists, or other qualified health or mental health professionals, such as school nurses; and (bb) school-based mental health services partnership programs; (VI) use innovative approaches to— (aa) increase children's understanding of peer and family relationships, work and self, decisionmaking, or academic and career planning; or (bb) improve peer interaction; (VII) provide counseling and mental health services in settings that meet the range of student needs; (VIII) include professional development appropriate to the activities covered in this paragraph for teachers, school leaders, instructional staff, and appropriate school personnel, including training in appropriate identification and early intervention techniques by school counselors, school social workers, school psychologists, other qualified psychologists, child and adolescent psychiatrists, or other qualified health professionals, such as school nurses; (IX) ensure a team approach to school counseling and mental health services in the schools served by the local educational agency; (X) demonstrate that the local educational agency is working toward— (aa) a 1:250 ratio of school counselors to students, as recommended by the American School Counselor Association; (bb) a 1:250 ratio of school social workers to students, as recommended by the School Social Work Association of America; (cc) a 1:700 ratio of school psychologists to students, as recommended by the National Association of School Psychologists; and (dd) a 1:750 ratio of school nurses to students in the general population, a 1:225 ratio for students requiring daily professional school nursing services, and a 1:125 ratio for students with complex needs, as recommended by the National Association of School Nurses; and (XI) ensure that school counselors, school psychologists, other qualified psychologists, school social workers, or child and adolescent psychiatrists paid from funds made available under the programs spend a majority of their time counseling or providing mental health services to students or in other activities directly related to counseling or providing such services; (C) provide training for the school personnel, health professionals (such as school nurses), and mental health professionals who will participate in the programs; and (D) provide technical assistance and consultation to school systems, mental health agencies, and families participating in the programs. (12) Programs to promote physical activity, education, and fitness, and nutrition The term programs to promote physical activity, education, and fitness, and nutrition (A) increase and enable active student participation in physical well-being activities and provide teacher and school leader professional development to encourage and increase such participation; (B) are comprehensive in nature; (C) include opportunities for professional development for teachers of physical education to stay abreast of the latest research, issues, and trends in the field of physical education; and (D) include 1 or more of the following activities: (i) Fitness education and assessment to help students understand, improve, or maintain their physical well-being. (ii) Instruction in a variety of motor skills and physical activities designed to enhance the physical, mental, social, and emotional development of every student. (iii) Development of, and instruction in, cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle. (iv) Opportunities to develop positive social and cooperative skills through physical activity. (v) Instruction in healthy eating habits and good nutrition. (13) School-based mental health services partnership program The term school-based mental health services partnership program (A) includes a public or private mental health entity or healthcare entity and may include a child welfare agency, family-based mental health entity, family organization, trauma network, or other community-based entity; (B) provides comprehensive school-based mental health services and supports; (C) provides comprehensive staff development for school and community service personnel working in the school; (D) includes the early identification of social, emotional, or behavioral problems, or substance use disorders, and the provision of early intervening services; (E) provides for the treatment or referral for treatment of students with social, emotional, or behavioral health problems, or substance use disorders; (F) includes the development and implementation of programs to assist children in dealing with trauma and violence; (G) includes the development of mechanisms, based on best practices, for children to report incidents of violence or plans by other children or adults to commit violence; (H) is based on trauma-informed and evidence-based practices; (I) is coordinated, where appropriate, with early intervening services carried out under the Individuals with Disabilities Education Act; and (J) is provided by qualified mental and behavioral health professionals who are certified or licensed by the State involved and practicing within their area of expertise. (14) School counselor The term school counselor (A) is licensed by the State or certified by an independent professional regulatory authority; (B) in the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or (C) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent. (15) School health indicators The term school health indicators (16) School nurse The term school nurse (17) School psychologist The term school psychologist (A) has completed a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours are in the school setting; (B) is licensed or certified in school psychology by the State in which the individual works; or (C) in the absence of such State licensure or certification, possesses national certification by the National School Psychology Certification Board. (18) School social worker The term school social worker (A) holds a master's degree in social work from a program accredited by the Council on Social Work Education; and (B) (i) is licensed or certified by the State in which services are provided; or (ii) in the absence of such State licensure or certification, possesses a national credential or certification as a school social work specialist granted by an independent professional organization. 4403. Allocation of funds From amounts made available to carry out this part, the Secretary shall allocate— (1) for each year for which funding is made available to carry out this part, not more than 2 percent of such amounts for technical assistance, evaluation, and other activities consistent with the purpose of this part; (2) for the first 3 years for which funding is made available to carry out this part— (A) except as provided in subparagraph (B)— (i) not more than 30 percent of such amounts or $30,000,000, whichever amount is more, for State conditions for learning measurement systems grants, distributed to every State (by an application process consistent with section 4404(d)) in an amount proportional to each State’s share of funding under subpart 2 of part A of title I, to develop or improve the State’s conditions for learning measurement system described in section 4404(h), and to conduct a needs analysis to meet the requirements of section 4404(d)(2)(D); and (ii) not more than 68 percent of such amounts for Successful, Safe, and Healthy Students State Grants under section 4404; and (B) for any fiscal year for which the amount remaining available after funds are reserved under paragraph (1) is less than $30,000,000, all of such remainder for the State conditions for learning measurement systems grants described in subparagraph (A)(i); and (3) for the fourth year and each subsequent year for which funding is made available to carry out this part, not less than 98 percent of such amounts for Successful, Safe, and Healthy Students State Grants under section 4404. 4404. Successful, safe, and healthy students State grants (a) Purpose The purpose of this section is to provide funding to eligible States to implement comprehensive programs that— (1) address conditions for learning in schools in the State; and (2) are based on— (A) scientifically valid research; and (B) an analysis of need that considers, at a minimum, the indicators in the State's conditions for learning measurement system described in subsection (h). (b) State grants (1) In general From amounts allocated under section 4403 for Successful, Safe, and Healthy Students State Grants, the Secretary shall award grants to eligible States to carry out the purpose of this section. (2) Awards to States (A) Formula grants Except as provided in subparagraph (B), if the total amount allocated under section 4403 for Successful, Safe, and Healthy Students State Grants for a fiscal year is $500,000,000 or greater, the Secretary shall allot to each State that meets the eligibility requirements of subsection (c) with an approved application an amount that bears the same relationship to such total amount as the amount received under part A of title I by such eligible State for the preceding fiscal year bears to the amount received under such part for the preceding fiscal year by all eligible States. (B) Minimum State allotment (i) In general No State receiving an allotment under subparagraph (A) may receive less than one-half of 1 percent of the total amount allotted under such subparagraph. (ii) Puerto Rico The amount allotted under subparagraph (A) to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-half of 1 percent of the total amount allotted under such subparagraph for such fiscal year. (C) Competitive grants (i) In general If the total amount allocated under section 4403 for Successful, Safe, and Healthy Students State Grants for a fiscal year is less than $500,000,000, the Secretary shall award grants under this section to States that meet the eligibility requirements of subsection (c) on a competitive basis. (ii) Sufficient size and scope In awarding grants on a competitive basis pursuant to clause (i), the Secretary shall ensure that grant awards are of sufficient size and scope to carry out required and approved activities under this section. (c) Eligibility To be eligible to receive a grant under this section, a State shall demonstrate to the Secretary that the State has— (1) established a statewide physical education requirement that is consistent with widely recognized standards; and (2) required all local educational agencies in the State to— (A) establish policies that prevent and prohibit harassment in schools; and (B) provide— (i) annual notice to parents, students, and educational professionals describing the full range of prohibited conduct contained in such local educational agency's discipline policies; and (ii) grievance procedures for students or parents to register complaints regarding the prohibited conduct contained in such local educational agency's discipline policies, including— (I) the name of the local educational agency official who is designated as responsible for receiving such complaints; and (II) timelines that the local educational agency will follow in the resolution of such complaints. (d) Applications (1) In general A State that desires to receive a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. (2) Content of application At a minimum, the application shall include— (A) documentation of the State’s eligibility to receive a grant under this section, as described in subsection (c); (B) an assurance that the policies used to prohibit harassment in schools that are required under subsection (c)(2)(A) emphasize alternatives to school suspension that minimize students’ removal from grade-level instruction, promote mental health, and only allow out-of-school punishments in severe or persistent cases; (C) a plan for improving conditions for learning in schools in the State in a manner consistent with the requirements of this part that may be part of a broader statewide child and youth plan, if such a plan exists and is consistent with the requirements of this part; (D) a needs analysis of the conditions for learning in schools in the State, which— (i) shall include a description of, and data measuring, the State's conditions for learning; and (ii) may be a part of a broader statewide child and youth needs analysis, if such an analysis exists and is consistent with the requirements of this part; (E) a description of how the activities the State proposes to implement with grant funds are responsive to the results of the needs analysis described in subparagraph (D); and (F) a description of how the State will— (i) develop, adopt, adapt, or improve and implement the State’s conditions for learning measurement system and how the State will ensure that all local educational agencies and schools in the State participate in such system; (ii) ensure the quality and validity of the State’s conditions for learning data collection, including the State’s plan for survey administration as required under subsection (h)(2)(A) and for ensuring the reliability and validity of survey instruments; (iii) coordinate the proposed activities with other Federal and State programs, including programs funded under this part, which may include programs to expand learning time and for before- and after-school programming in order to provide sufficient time to carry out activities described in this part; (iv) assist local educational agencies to align activities with funds the agencies receive under the program with other funding sources in order to support a coherent and nonduplicative program; (v) solicit and approve subgrant applications, including how the State will— (I) allocate funds for statewide activities and subgrants for each year of the grant, consistent with the allocation requirements under subsection (i)(2); and (II) consider the results of the needs analysis described in subparagraph (D) in the State’s distribution of subgrants; (vi) address the needs of diverse geographic areas in the State, including rural and urban communities; (vii) provide assistance to local educational agencies and schools in their efforts to prevent and appropriately respond to incidents of harassment, including building the capacity of such agencies and schools to educate family and community members regarding the agencies’ and schools’ respective roles in preventing and responding to such incidents; (viii) provide assistance to local educational agencies and schools in their efforts to implement positive, preventative approaches to school discipline, such as schoolwide positive behavioral interventions and supports and restorative justice, that improve student engagement while minimizing students’ removal from instruction and reducing the frequency of discipline infractions and disciplinary disparities among the subgroups of students described in section 1111(a)(3)(D); (ix) provide assistance to local educational agencies and schools in their efforts to increase the provision of physical activity and physical education opportunities during the school day and implement programs to promote physical activity, education, and fitness, and nutrition; and (x) provide assistance to local educational agencies and schools in their efforts to improve access to State-licensed or State-certified school counselors, school psychologists, and school social workers or other State-licensed or State–certified mental health professionals qualified under State law to provide mental health services to students in schools. (3) Review process The Secretary shall establish a peer-review process to review applications submitted under this subsection. (e) Duration (1) In general A State that receives a grant under this section may receive funding for not more than 5 years in accordance with this subsection. (2) Initial period The Secretary shall award grants under this section for an initial period of not more than 3 years. (3) Grant extension The Secretary may extend a grant awarded to a State under this section for not more than an additional 2 years if the State shows sufficient improvement, as determined by the Secretary, against baseline data for the performance metrics established under subsection (j). (f) Reservation and use of funds A State that receives a grant under this section shall— (1) reserve not more than 10 percent of the grant funds for administration of the program, technical assistance, and the development, improvement, and implementation of the State’s conditions for learning measurement system, as described in subsection (h); and (2) use the remainder of grant funds after making the reservation under paragraph (1) to award subgrants, on a competitive basis, to eligible local applicants. (g) Required State activities A State that receives a grant under this section shall— (1) not later than 1 year after receipt of the grant, develop, adapt, improve, or adopt and implement the statewide conditions for learning measurement system described in subsection (h) (unless the State can demonstrate, to the satisfaction of the Secretary, that an appropriate system has already been implemented) that annually measures the State’s progress in the conditions for learning for every public school in the State; (2) collect information in each year of the grant on the conditions for learning at the school-building level through comprehensive needs assessments of student, school staff, and family perceptions, experiences, and behaviors; (3) collect annual incident data at the school-building level that are accurate and complete; (4) publicly report, at the local educational agency and school level, the data collected in the State’s conditions for learning measurement system, described in subsection (h), each year in a timely and highly accessible manner, and in a manner that does not reveal personally identifiable information; (5) use, on a continuous basis, the results of the data collected in the State's conditions for learning measurement system to— (A) identify and address conditions for learning statewide; (B) help subgrantees identify and address school and student needs; and (C) provide individualized assistance to low-performing schools identified under section 1116 and schools with significant conditions for learning weaknesses; (6) encourage local educational agencies to— (A) integrate physical activity, education, and fitness into a range of subjects throughout the school day and locations within schools; (B) consult with a variety of stakeholders, including families, students, school officials, and other organizations with wellness and physical activity, education, and fitness expertise, on the priorities and strategies for integrating physical activity, education, and fitness within schools; and (C) regularly monitor schools’ efforts in improving wellness and physical activity, education, and fitness understanding and habits among students; (7) encourage local educational agencies to— (A) integrate healthy eating and nutrition education into various times of the school day and locations within schools; (B) consult with a variety of stakeholders, including families, students, school officials, and other organizations with nutrition education expertise, on integrating healthy eating and nutrition education within schools; and (C) regularly monitor schools’ efforts in improving nutrition understanding and healthy eating among students; (8) encourage local educational agencies to implement programs that expand student access to State-licensed or State-certified school counselors, school psychologists, and school social workers or other State-licensed or State-certified mental health professionals who are qualified under State law to provide mental health services to students in schools; (9) award subgrants, consistent with subsection (i), to eligible local applicants; and (10) monitor subgrants and provide technical assistance to subgrantees on the implementation of grant activities. (h) Conditions for learning measurement system (1) In general Each State that receives a grant under this part shall establish a State reporting and information system that measures conditions for learning in the State and is part of the State’s system for reporting the data required under section 1111 and part of any State longitudinal data system that links statewide elementary and secondary data systems with early childhood, postsecondary, and workforce data systems. (2) System activities The State reporting and information system described in paragraph (1) shall— (A) contain, at a minimum, data from valid and reliable surveys of students and staff and the indicators in subparagraph (B) that allow staff at the State, local educational agencies, and schools to examine and improve school-level conditions for learning; (B) collect school-level data on— (i) physical education indicators, as applicable; (ii) individual student attendance and truancy; (iii) in-school suspensions, out-of-school suspensions, expulsions, referrals to law enforcement, school-based arrests, and disciplinary transfers (including placements in alternative schools) by student; (iv) the frequency, seriousness, and incidence of violence and drug-related offenses resulting in disciplinary action in elementary schools and secondary schools in the State; (v) the incidence and prevalence, age of onset, perception of and actual health risk, and perception of social disapproval of drug use and violence, including harassment, by youth and school personnel in schools and communities; (vi) school health indicators, including acute and chronic physical, mental, and emotional healthcare needs; and (vii) student access to State-licensed or State-certified school counselors, school psychologists, and school social workers or other State-licensed or State-certified mental health professionals qualified under State law to provide such services to students in schools, including staff-to-student ratios; (C) collect and report data, including, at a minimum, the data described in clauses (ii), (iii), and (v) of subparagraph (B), in the aggregate and disaggregated by the categories of race, ethnicity, gender, disability status, migrant status, English proficiency, and status as economically disadvantaged, and cross-tabulated across all of such categories by gender and by disability; (D) protect student privacy, consistent with applicable data privacy laws and regulations, including section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (E) to the extent practicable, utilize a web-based reporting system. (3) Compiling statistics In compiling the statistics required to measure conditions for learning in the State— (A) the offenses described in paragraph (2)(B)(iv) shall be defined pursuant to the State’s criminal code, and aligned to the extent practicable, with the Federal Bureau of Investigation’s Uniform Crime Reports categories, but shall not identify victims of crimes or persons accused of crimes; and the collected data shall include incident reports by school officials, anonymous student surveys, and anonymous teacher surveys; (B) the performance metrics that are established under subsection (j) shall be collected and the performance on such metrics shall be defined and reported uniformly statewide; (C) the State shall collect, analyze, and use the data under paragraph (2)(B) at least annually; and (D) grant recipients and subgrant recipients shall use the data for planning and continuous improvement of activities implemented under this part, and may collect data for indicators that are locally defined, and that are not reported to the State, to meet local needs (so long as such indicators are aligned with the conditions for learning). (i) Subgrants (1) In general (A) Awarding of subgrants A State that receives a grant under this section shall award subgrants, on a competitive basis, to eligible local applicants— (i) based on need as identified by— (I) the State's conditions for learning measurement system described in subsection (h); or (II) in the case of a State for which the learning measurement system described in subsection (h) is not yet implemented, other data determined appropriate by the State; (ii) that are of sufficient size and scope to enable the eligible local applicants to carry out approved activities; and (iii) to implement programs that— (I) are comprehensive in nature; (II) are based on scientifically valid research; (III) are consistent with achieving the conditions for learning for the State; and (IV) address 1 or more of the uses described in clauses (i) through (iii) of paragraph (2)(A). (B) Assistance A State that receives a grant under this section shall provide assistance to subgrant applicants and recipients in the selection of scientifically valid programs and interventions. (C) Partnerships allowed An eligible local applicant may apply for a subgrant under this subsection in partnership with 1 or more community-based organizations. (2) Allocation (A) In general In awarding subgrants under this section, each State shall ensure that, for the aggregate of all subgrants awarded by the State— (i) not less than 20 percent of subgrant funds are used to carry out drug and violence prevention; (ii) not less than 20 percent of subgrant funds are used to carry out programs to promote mental health; and (iii) not less than 20 percent of subgrant funds are used to carry out programs to promote physical activity, education, and fitness, and nutrition. (B) Rule of construction Nothing in this paragraph shall be construed to require States, in making subgrants to eligible local applicants, to require the eligible local applicants to use 20 percent of subgrant funds for each of the uses described in clauses (i) through (iii) of subparagraph (A). (3) Applications An eligible local applicant that desires to receive a subgrant under this subsection shall submit to the State an application at such time, in such manner, and containing such information as the State may require. (4) Priority In awarding subgrants under this subsection, a State shall give priority to applications that— (A) demonstrate the greatest need, according to the results of the State’s conditions for learning surveys described in subsection (h)(2)(A); and (B) propose to serve schools with the highest concentrations of poverty, based on the percentage of students receiving or who are eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (5) Activities of subgrant recipients Each recipient of a subgrant under this subsection shall, for the duration of the subgrant— (A) carry out activities— (i) the need for which has been identified— (I) at a minimum, through the State's conditions for learning measurement system described in subsection (h); or (II) in the case of a State that has not yet implemented the learning measurement system described in subsection (h), through the State's needs analysis described in subsection (d)(2)(D); (ii) that are part of a comprehensive strategy or framework to address such need; and (iii) that include 1 or more of the following: (I) Drug and violence prevention. (II) Programs to promote mental health. (III) Programs to promote physical activity, education, and fitness, and nutrition; (B) ensure that each framework, intervention, or program selected be based on scientifically valid research and be used for the purpose for which such framework, intervention, or program was found to be effective; (C) use school-level data from the State's conditions for learning measurement system described in subsection (h), to inform the implementation and continuous improvement of activities carried out under this part; (D) use data from the statewide conditions for learning measurement system to identify challenges outside of school or off school grounds (including the need for safe passages for students to and from school), and collaborate with 1 or more community-based organization to address such challenges; (E) collect, and report to the State educational agency, data for schools served by the subgrant recipient, in a manner consistent with the State’s conditions for learning measurement system described in subsection (h); (F) establish policies to expand access to quality physical activity opportunities, including local school wellness policies; (G) if the local educational agency to be served through the grant does not have an active school wellness council consistent with the requirements of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), establish such a school wellness council, which may be part of an existing school council that has the capacity and willingness to address school wellness; (H) engage family members and community-based organizations in the development of conditions for learning surveys, and in the planning, implementation, and review of the subgrant recipient’s efforts under this part; (I) consider and accommodate the unique needs of students who are children with disabilities and English learners in implementing activities; and (J) establish policies to expand access to quality counseling and mental health programs and services. (j) Accountability (1) Establishment of performance metrics The Secretary, acting through the Director of the Institute of Education Sciences, shall establish program performance metrics to measure the effectiveness of the activities carried out under this part. (2) Annual report Each State that receives a grant under this part shall prepare and submit an annual report to the Secretary, which shall include information relevant to the conditions for learning, including progress toward meeting outcomes for the metrics established under paragraph (1). (k) Evaluation From the amount reserved in accordance with section 9601, the Secretary, acting through the Director of the Institute of Education Sciences, shall conduct an evaluation of the impact of the practices funded or disseminated under this section. 4405. Technical assistance From the amount allocated under section 4403(1), the Secretary shall provide technical assistance to applicants, recipients, and subgrant recipients of the programs funded under this part. 4406. School construction after a violent or traumatic crisis (a) In general From the funds appropriated under section 3(n)(2), the Secretary may provide financial assistance, as described in subsection (b), for a local educational agency that has an application approved by the Secretary and serves a school in which the learning environment has been disrupted due to a violent or traumatic crisis that took place on the school campus, to enable such local educational agency to carry out— (1) the acquisition (by purchase, lease, donation, or otherwise) of an interest in improved or unimproved real property that the local educational agency deems necessary to commence or continue an appropriate learning environment in a public elementary or secondary school, in the aftermath of a violent or traumatic crisis; and (2) the construction of new facilities, or the renovation, repair, or alteration of existing facilities, that the local educational agency deems necessary to commence or continue an appropriate learning environment in a public elementary or secondary school, in the aftermath of a violent or traumatic crisis. (b) Funding limitation The amount of financial assistance provided under subsection (a) to a local educational agency shall not exceed 50 percent of the costs of the authorized activities in the approved application. (c) Nonapplicability Sections 4401 through 4405 shall not apply to this section. 4407. Prohibited uses of funds No funds appropriated under this part may be used to pay for— (1) school resource officer or other security personnel salaries, metal detectors, security cameras, or other security-related salaries, equipment, or expenses; (2) drug testing programs; or (3) the development, establishment, implementation, or enforcement of zero-tolerance discipline policies, other than those expressly required under the Gun-Free Schools Act ( 20 U.S.C. 7151 et seq. 4408. Federal and State nondiscrimination laws Nothing in this part shall be construed to invalidate or limit nondiscrimination principles or rights, remedies, procedures, or legal standards available to victims of discrimination under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. 20 U.S.C. 1681 et seq. 20 U.S.C. 1681 et seq. 29 U.S.C. 794 . 4106. Student non-discrimination Title IV ( 20 U.S.C. 7101 et seq. E Student Non-Discrimination 4501. Short title This part may be cited as the Student Non-Discrimination Act of 2013 4502. Findings and purposes (a) Findings Congress finds the following: (1) Public school students who are lesbian, gay, bisexual, or transgender (referred to in this part as LGBT (2) While discrimination of any kind is harmful to students and to the education system, actions that target students based on sexual orientation or gender identity represent a distinct and severe problem that remains inadequately addressed by current Federal law. (3) Numerous social science studies demonstrate that discrimination at school has contributed to high rates of absenteeism, academic underachievement, dropping out, and adverse physical and mental health consequences among LGBT youth. (4) When left unchecked, discrimination in schools based on sexual orientation or gender identity can lead, and has led, to life-threatening violence and to suicide. (5) Public school students enjoy a variety of constitutional rights, including rights to equal protection, privacy, and free expression, which are infringed when school officials engage in or fail to take prompt and effective action to stop discrimination on the basis of sexual orientation or gender identity. (6) Provisions of Federal statutory law expressly prohibit discrimination on the basis of race, color, sex, religion, disability, and national origin. The Department of Education and the Department of Justice, as well as numerous courts, have correctly interpreted the prohibitions on sex discrimination to include discrimination based on sex stereotypes and gender identity, even when that sex-based discrimination coincides or overlaps with discrimination based on sexual orientation. However, the absence of express Federal law prohibitions on discrimination on the basis of sexual orientation and gender identity has created unnecessary uncertainty that risks limiting access to legal remedies under Federal law for LGBT students and their parents. (b) Purposes The purposes of this part are— (1) to ensure that all students have access to public education in a safe environment free from discrimination, including harassment, bullying, intimidation, and violence, on the basis of sexual orientation or gender identity; (2) to provide a comprehensive Federal prohibition of discrimination in public schools based on actual or perceived sexual orientation or gender identity; (3) to provide meaningful and effective remedies for discrimination in public schools based on actual or perceived sexual orientation or gender identity; (4) to invoke congressional powers, including the power to enforce the 14th Amendment to the Constitution and to provide for the general welfare pursuant to section 8 of article I of the Constitution and the power to make all laws necessary and proper for the execution of the foregoing powers pursuant to section 8 of article I of the Constitution, in order to prohibit discrimination in public schools on the basis of sexual orientation or gender identity; and (5) to allow the Department of Education and the Department of Justice to effectively combat discrimination based on sexual orientation and gender identity in public schools, through regulation and enforcement, as the Departments have issued regulations under and enforced title IX of the Education Amendments of 1972 and other nondiscrimination laws in a manner that effectively addresses discrimination. 4503. Definitions and rule (a) Definitions For purposes of this part: (1) Educational agency The term educational agency (2) Gender identity The term gender identity (3) Harassment The term harassment (A) a student’s actual or perceived sexual orientation or gender identity; or (B) the actual or perceived sexual orientation or gender identity of a person with whom a student associates or has associated. (4) Program or activity The terms program or activity program 42 U.S.C. 2000d–4a (5) Public school The term public school (6) Sexual orientation The term sexual orientation (7) Student The term student (b) Rule Consistent with Federal law, in this part the term includes includes but is not limited to 4504. Prohibition against discrimination (a) In general No student shall, on the basis of actual or perceived sexual orientation or gender identity of such individual or of a person with whom the student associates or has associated, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity if any part of the program or activity receives Federal financial assistance. (b) Harassment For purposes of this part, discrimination includes harassment of a student on the basis of actual or perceived sexual orientation or gender identity of such student or of a person with whom the student associates or has associated. (c) Retaliation prohibited (1) Prohibition No person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination, retaliation, or reprisal under any program or activity receiving Federal financial assistance based on the person's opposition to conduct made unlawful by this part. (2) Definition For purposes of this subsection, opposition to conduct made unlawful by this part (A) opposition to conduct believed to be made unlawful by this part or conduct that could be believed to become unlawful under this part if allowed to continue; (B) any formal or informal report, whether oral or written, to any governmental entity, including public schools and educational agencies and employees of the public schools or educational agencies, regarding conduct made unlawful by this part, conduct believed to be made unlawful by this part, or conduct that could be believed to become unlawful under this part if allowed to continue; (C) participation in any investigation, proceeding, or hearing related to conduct made unlawful by this part, conduct believed to be made unlawful by this part, or conduct that could be believed to become unlawful under this part if allowed to continue; and (D) assistance or encouragement provided to any other person in the exercise or enjoyment of any right granted or protected by this part, if in the course of that opposition to conduct made unlawful by this part, the person involved does not purposefully provide information known to be materially false to any public school or educational agency or other governmental entity regarding conduct made unlawful by this part, or conduct believed to be made unlawful by this part, or conduct that could be believed to become unlawful under this part if allowed to continue. 4505. Federal administrative enforcement; report to congressional committees (a) Requirements Each Federal department and agency which is empowered to extend Federal financial assistance to any education program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 4504 with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. (b) Enforcement Compliance with any requirement adopted pursuant to this section may be effected— (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made, and shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found; or (2) by any other means authorized by law, except that no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. (c) Reports In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the Federal department or agency shall file with the committees of the House of Representatives and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until 30 days have elapsed after the filing of such report. 4506. Private cause of action (a) Private cause of action Subject to subsection (c), and consistent with the cause of action recognized under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), and their implementing regulations, an aggrieved person may bring an action in a court of competent jurisdiction, asserting a violation of this part or the requirements adopted to effectuate this part. Aggrieved persons may be awarded all appropriate relief, including equitable relief, compensatory damages, and costs of the action. (b) Rule of construction This section shall not be construed to preclude an aggrieved person from obtaining remedies under any other provision of law or to require such person to exhaust any administrative complaint process or notice of claim requirement before seeking redress under this section. (c) Statute of limitations For actions brought pursuant to this section, the statute of limitations period shall be determined in accordance with section 1658(a) of title 28, United States Code. The tolling of any such limitations period shall be determined in accordance with the law governing actions under section 1979 of the Revised Statutes ( 42 U.S.C. 1983 4507. Cause of action by the attorney general The Attorney General is authorized to institute for or in the name of the United States a civil action for a violation of this part or the requirements adopted to effectuate this part in any appropriate district court of the United States against such parties and for such relief as may be appropriate, including equitable relief and compensatory damages. Whenever a civil action is instituted for a violation of this part, or the requirements adopted to effectuate this part, the Attorney General may intervene in such action upon timely application and shall be entitled to the same relief as if the Attorney General had instituted the action. Nothing in this part shall adversely affect the right of any person to sue or obtain relief in any court for any activity that violates this part, including requirements adopted to effectuate this part. 4508. State immunity (a) State immunity A State shall not be immune under the 11th Amendment to the Constitution from suit in Federal court for a violation of this part or the requirements adopted to effectuate this part. (b) Waiver An educational agency’s, including a State educational agency’s, receipt or use of Federal financial assistance shall constitute a waiver of sovereign immunity, under the 11th Amendment or otherwise, to a suit brought by an aggrieved person for a violation of section 4504 or the requirements adopted to effectuate section 4504. (c) Remedies In a suit against a State for a violation of this part, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in the suit against any public or private entity other than a State. 4509. Attorney’s fees Section 722(b) of the Revised Statutes ( 42 U.S.C. 1988(b) the Student Non-Discrimination Act of 2013, Religious Land Use and Institutionalized Persons Act of 2000, 4510. Effect on other laws (a) Federal and State nondiscrimination laws Nothing in this part or the requirements adopted to effectuate this part shall be construed to preempt, invalidate, or limit rights, remedies, procedures, or legal standards available to victims of discrimination or retaliation, under any other Federal law or law of a State or political subdivision of a State, including titles IV and VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000c et seq. 20 U.S.C. 1681 et seq. 29 U.S.C. 794 42 U.S.C. 12101 et seq. 29 U.S.C. 794 42 U.S.C. 12101 et seq. 42 U.S.C. 1983 (b) Free speech and expression laws and religious student groups Nothing in this part shall be construed to alter legal standards regarding, or affect the rights available to individuals or groups under, other Federal laws that establish protections for freedom of speech and expression, such as legal standards and rights available to religious and other student groups under the First Amendment and the Equal Access Act ( 20 U.S.C. 4071 et seq. 4511. Severability If any provision of this part, or an amendment made by this part, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this part, and the application of the provision to any other person or circumstance shall not be impacted. 4512. Effective date This part, and the amendments made by this part, shall take effect 60 days after the date of enactment of the Student Non-Discrimination Act of 2013 and shall not apply to conduct occurring before the effective date of this part. . 4107. 21st Century Community Learning Centers Part F of title IV, as redesignated by section 4103(a) of this Act, is amended— (1) in section 4601, as redesignated by section 4103(a) of this Act— (A) in subsection (a)— (i) in the matter preceding paragraph (1)— (I) by striking to provide to assist States in providing (II) by striking communities eligible entities (ii) in paragraph (1)— (I) by inserting students with before school, after school, or summer learning provide (II) by striking , particularly students (III) by striking schools, schools (iii) in paragraph (2)— (I) by inserting who attend low-performing schools offer students (II) by striking and (iv) by striking paragraph (3) and inserting the following: (3) significantly increase the number of hours in a regular school day, week, or year in order to provide students with additional time for academic work and for additional subjects and enrichment activities that increase student achievement and engagement; and (4) comprehensively redesign and implement an expanded school day, expanded school week, or expanded school year schedule for all students in a high-need school, to provide additional time for— (A) instruction in core academic subjects; (B) instruction in additional subjects and enrichment activities; and (C) teachers and staff to collaborate, plan, and engage in professional development within and across grades and subjects. ; and (B) in subsection (b)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking that— that provides 1 or more of the following: (II) in subparagraph (A)— (aa) by striking assists Before school, after school, or summer learning programs that assist (bb) by striking (such as before and after school or during summer recess) (cc) by striking ; and (III) by striking subparagraph (B) and inserting the following: (B) Expanded learning time programs that significantly increase the total number of hours in a regular school day, week, or year, in order to provide students with the greatest academic needs with— (i) additional time to participate in academic activities that— (I) are aligned with the instruction that such students receive during the regular school day; and (II) are targeted to the academic needs of such students; and (ii) time to engage in enrichment and other activities that complement the academic program and contribute to a well-rounded education, which may include music and the arts, physical education, and experiential and work-based learning opportunities. (C) Expanded learning time initiatives that use an expanded school day, expanded school week, or expanded school year schedule to increase the total number of school hours for the school year at a high-need school by not less than 300 hours and redesign the school's program in a manner that includes additional time— (i) for academic work, and to support innovation in teaching, in order to improve the proficiency of participating students, particularly struggling students, in core academic subjects; (ii) to advance student learning for all students in all grades; (iii) for additional subjects and enrichment activities that contribute to a well-rounded education, which may include music and the arts, physical education, and experiential and work-based learning opportunities; and (iv) for teachers to engage in collaboration and professional planning, within and across grades and subjects. ; (ii) by striking paragraphs (2) and (3) and inserting the following: (2) Eligible Entity (A) In General The term eligible entity (i) 1 or more high-need local educational agencies in partnership with 1 or more public entities or nonprofit organizations with a demonstrated record of success in designing and implementing before school, after school, summer learning, or expanded learning time activities; or (ii) 1 or more public entities or nonprofit organizations with a demonstrated record of success in designing and implementing before school, after school, summer learning, or expanded learning time activities, in partnership with 1 or more high-need local educational agencies. (B) Special Rule A State educational agency shall deem a rural local educational agency applying for a grant under section 4604 without a partnering public or nonprofit entity to be an eligible entity if the rural local educational agency demonstrates that such agency is unable to partner with a public or nonprofit organization in reasonable geographic proximity or of sufficient quality to meet the requirements of this part. ; and (iii) by redesignating paragraph (4) as paragraph (3); (2) in section 4602, as redesignated by section 4103(a) of this Act— (A) in subsection (a)— (i) by striking under section 4206 to carry out this part (ii) by striking paragraph (1); (iii) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (iv) in paragraph (2), as redesignated by clause (iii), by striking Bureau of Indian Affairs Bureau of Indian Education (B) in subsection (b)(1), by striking under section 4206 to carry out this part (C) in subsection (c)— (i) in paragraph (1), by striking 4204 4604 (ii) in paragraph (2)— (I) in subparagraph (B)— (aa) by striking responsible for administering youth development programs and adult learning activities as applicable (bb) by striking 4204(b) 4604(b) (II) by striking the undesignated matter following subparagraph (B) and inserting the following: (C) supervising the awarding of funds to eligible entities (in consultation with the Governor and other State agencies responsible for administering youth development programs and adult learning activities). ; and (iii) in paragraph (3)— (I) in subparagraph (A)— (aa) by inserting comprehensive Monitoring and (bb) by inserting (directly, or through a grant or contract) of the effectiveness evaluation (II) by striking subparagraph (B) and inserting the following: (B) Providing capacity building, training, professional development, and technical assistance under this part to eligible entities, relating to activities such as— (i) coordinating activities carried out under this part with other Federal, State, and local programs so as to implement high-quality programs; and (ii) aligning activities carried out under this part with State academic content standards. ; and (III) by striking subparagraphs (C) and (D); (3) in section 4603(a), as redesignated by section 4103(a) of this Act— (A) in the matter preceding paragraph (1), by striking 4202 4602 (B) in paragraph (3), by striking serve— subparagraph (A) serve students who primarily attend high-need schools and schools that are identified through a State's accountability and improvement system under subsection (c) or (d) of section 1116 (C) in paragraph (4)— (i) by inserting the State's rigorous, high-quality competition for grants under section 4204, including describes (ii) by striking , which shall include standards (D) by striking paragraph (5) and inserting the following: (5) describes how the State educational agency will ensure that awards made under this part are of sufficient size and scope to support high-quality, effective programs that are consistent with the purpose of this part; ; (E) by striking paragraph (7) and inserting the following: (7) describes how the State educational agency will assist eligible entities in coordinating funds received through the grant with other funding streams, in order to support a coherent and sustainable approach to funding and implementing programs and activities under this part and other programs under this Act; ; (F) in paragraph (8)(A), by striking not less than 3 years and not more than 5 years not more than 3 years, and may extend a grant for an additional period of not more than 2 years if the eligible entity is achieving the intended outcomes of the grant (G) in paragraph (10)— (i) by striking 4204(b) 4604(b) (ii) by inserting , if any, transportation needs (H) in paragraph (11), by striking before and after school (or summer school) programs, the heads of the State health and mental health agencies or their designees, before school, after school, summer learning, and expanded learning time programs and initiatives, (I) in paragraph (12), by striking before and after school before school, after school, summer learning, and expanded learning time (J) in paragraph (13)— (i) in the matter preceding subparagraph (A), by inserting , on a regular basis, and not less than every 3 years after the receipt of the grant, will evaluate (ii) by striking subparagraph (A) and inserting the following: (A) a description of the benchmarks and performance goals that will be used to hold eligible entities accountable and to determine whether to provide eligible entities receiving a grant under section 4604 with an additional 2-year period of grant funding after the initial 3-year grant; and ; and (iii) in subparagraph (B), by striking and (K) in paragraph (14), by striking the period at the end and inserting ; and (L) by adding at the end the following: (15) contains an assurance that each eligible entity that applies for an award under section 4604 shall have the flexibility to apply for funds to carry out programs described in subparagraph (A), (B), or (C) of section 4601(b)(1). ; (4) in section 4604, as redesignated by section 4103(a) of this Act— (A) in subsection (a), by striking 4202(c)(1) 4602(c)(1) (B) in subsection (b)(2)— (i) by striking subparagraph (A) and inserting the following: (A) a description of the before school, after school, summer learning, or expanded learning time activities to be funded, including— (i) evidence that research-based strategies for student achievement and engagement will be utilized in the program; (ii) as applicable, an explanation of how the program will offer students— (I) academic instruction that is aligned with the academic needs of the students, including English learners and students who are children with disabilities; and (II) engaging enrichment activities that are aligned with the developmental needs and interests of the students, and that contribute to a well-rounded education; (iii) an assurance that the program will take place in a safe learning environment and an easily accessible facility; (iv) if applicable, a description of how students participating in the program will travel safely to and from home; and (v) a description of how the eligible entity will disseminate information about the program to the community in a manner that is understandable and accessible; ; (ii) in subparagraph (B)— (I) by striking activity program (II) by adding at the end and help keep students on a path to make sufficient academic growth (iii) by striking subparagraph (E) and inserting the following: (E) as applicable, an explanation of how the program will offer students— (i) academic instruction that is aligned with the academic needs of the students; and (ii) engaging enrichment activities that are aligned with the developmental needs and interests of the students, and that contribute to a well-rounded education; ; (iv) in subparagraph (F), by striking schools eligible such students high-need schools and schools that are identified through a State's accountability and improvement system under subsections (c) or (d) of section 1116 (v) by striking subparagraph (H) and inserting the following: (H) a description of the capacity of the eligible entity partners described in section 4601(b)(2)(A)(ii) to successfully implement the program, including the quality and experience of the management team of such partners; ; (vi) in subparagraph (I)— (I) by striking in the center (II) by striking (including the needs of working families) (vii) by striking subparagraph (J) and inserting the following: (J) a description of the education and training activities that program staff and teachers, as applicable, have received or will receive to effectively administer the proposed program; ; (viii) in subparagraph (K), by inserting and (ix) by striking subparagraphs (L) and (M); and (x) by redesignating subparagraph (N) as subparagraph (L); (C) by striking subsections (d) and (h) and redesignating subsections (e) through (g) and (i) as subsections (d) through (f) and (g), respectively; (D) in subsection (f), as redesignated by subparagraph (C), by striking not less than 3 years and not more than 5 years not more than 3 years, and may be extended for an additional period of not more than 2 years, if an eligible entity is achieving the intended outcomes of the grant (E) by striking subsection (g), as redesignated by subparagraph (C), and inserting the following: (g) Priority (1) In General In awarding grants under this part, a State educational agency shall give priority to high-quality applications that— (A) are based on strong research evidence for improving student learning, as measured by student achievement and other measures of student learning and development that are appropriate for, and aligned to, the program’s goals and design; (B) propose to serve the highest percentage of students from low-income families; (C) include a partnership agreement, signed by each partner of the eligible entity, that— (i) shows that the staff of each partner is committed to work collaboratively to implement the proposed activities, including through coordinated planning, collaborative implementation, and joint professional development and training opportunities; (ii) sets clear expectations, including measurable goals for each partner; (iii) requires the collection and reporting of data about the outcomes of programs funded under this part, in order to monitor progress toward achieving such goals and inform implementation; and (iv) specifies how student information will be shared to advance the goals of the proposed program and activities, including student academic achievement and engagement data, as appropriate and in accordance with Federal, State, and local laws; and (D) are submitted by eligible entities that will provide matching funds to carry out the activities supported by the grant, as described in paragraph (2). (2) Matching Funds (A) Amount of Matching Funds In awarding grants under this section, a State educational agency shall give priority to applications from eligible entities that, in addition to meeting the requirements of paragraph (1), provide matching funds in an amount not less than— (i) for the first year of an initial grant under this section, 10 percent of the cost of the activities; (ii) for the second year of such grant, 20 percent of the cost of the activities; (iii) for the third year of such grant, and for the first year of a subsequent grant under this section, 30 percent of the cost of the activities; and (iv) for the second or any succeeding year of such subsequent grant, 40 percent of the cost of the activities. (B) Cash or in-kind The eligible entity may provide the matching funds described in subparagraph (A) in cash or in-kind, fairly evaluated, including plant, equipment, or services, but may not provide more than 50 percent of the matching funds in-kind. (C) Waiver A State educational agency may waive all or part of the matching requirement for priority described in this paragraph, on a case-by-case basis, upon a showing of serious financial hardship. ; and (F) by adding at the end the following: (h) Special rule In implementing programs under this part, the Secretary shall not give priority to, show preference for, or provide direction about whether communities use funds under this part for eligible entities described in subparagraph (A), (B), or (C) of section 4601(b)(1). ; (5) in section 4605, as redesignated by section 4103(a) of this Act— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking before and after school activities (including during summer recess periods) before school, after school, summer learning, or expanded learning time activities (ii) by redesignating paragraphs (1) through (12) as paragraphs (2) through (13), respectively; (iii) by inserting before paragraph (2), as redesignated by clause (ii), the following: (1) high-quality expanded learning time programs or initiatives; ; (iv) in paragraph (6), as redesignated by clause (ii), by striking (including those provided by senior citizen volunteers) (v) in paragraph (7), as redesignated by clause (ii), by striking limited English proficient students English learners (B) by striking subsection (b) and inserting the following: (b) Performance Indicators Each State educational agency that receives a grant under this part shall collect, and annually report to the Secretary, information on the following performance indicators, disaggregated, as appropriate, by the subgroups described in section 1111(a)(2)(B)(x): (1) The average time added to the school day, school week, or school year, if applicable. (2) Student participation and attendance rates for the programs funded under this part. (3) Student achievement in core academic subjects and high school graduation rates, as applicable, for students who participate in such programs. . 4108. Promise neighborhoods Title IV (20 U.S.C. 7101 et seq.) is amended by inserting after part F, as redesignated by section 4103(a) of this Act, the following: G Promise neighborhoods 4701. Short title This part may be cited as the Promise Neighborhoods Act of 2013 4702. Purpose The purpose of this part is to significantly improve the academic and developmental outcomes of children living in our Nation’s most distressed communities from birth through college and career entry, including ensuring school readiness, high school graduation, and college and career readiness for such children, through the use of data-driven decisionmaking and access to a community-based continuum of high-quality services, beginning at birth. 4703. Definitions In this part: (1) Child The term child (2) College and career readiness The term college and career readiness (3) Community of practice The term community of practice (4) Comprehensive school readiness assessment The term comprehensive school readiness assessment (A) screens for school readiness across domains, including language, cognitive, physical, motor, sensory, and social-emotional domains, and through a developmental screening; and (B) may also include other sources of information, such as child observations by parents and others, verbal and written reports, child work samples (for children aged 3 to 5), and health and developmental histories. (5) Developmental screening The term developmental screening (6) Expanded learning time The term expanded learning time (7) Family and community engagement The term family and community engagement (A) disseminating a clear definition of the neighborhood to the members of the neighborhood; (B) ensuring representative participation by the members of such neighborhood in the planning and implementation of the activities of each grant awarded under this part; (C) regular engagement by the eligible entity and the partners of the eligible entity with family members and community partners; (D) the provision of strategies and practices to assist family and community members in actively supporting student achievement and child development; and (E) collaboration with institutions of higher education, workforce development centers, and employers to align expectations and programming with college and career readiness. (8) Family and student supports The term family and student supports (A) health programs (including both mental health and physical health services); (B) school, public, and child-safety programs; (C) programs that improve family stability; (D) workforce development programs (including those that meet local business needs, such as internships and externships); (E) social service programs; (F) legal aid programs; (G) financial literacy education programs; (H) adult education and family literacy programs; (I) parent, family, and community engagement programs; and (J) programs that increase access to learning technology and enhance the digital literacy skills of students. (9) Family member The term family member (10) Integrated student supports The term integrated student supports (A) to increase academic achievement and engagement; (B) to support positive child development; and (C) to increase student preparedness for success in college and the workforce. (11) Neighborhood The term neighborhood (12) Pipeline services The term pipeline services (A) Prenatal education and support for expectant parents. (B) High-quality early learning opportunities. (C) High-quality schools and out-of-school-time programs and strategies. (D) Support for a child’s transition to elementary school, including the administration of a comprehensive school readiness assessment. (E) Support for a child’s transition from elementary school to middle school, from middle school to high school, and from high school into and through college and into the workforce. (F) Family and community engagement. (G) Family and student supports. (H) Activities that support college and career readiness, including coordination between such activities, such as— (i) assistance with college admissions, financial aid, and scholarship applications, especially for low-income and low-achieving students; and (ii) career preparation services and supports. (I) Neighborhood-based support for college-age students who have attended the schools in the pipeline, or students who are members of the community, facilitating their continued connection to the community and success in college and the workforce. 1 Promise neighborhood partnership grants 4711. Program authorized (a) In general (1) Program authorized From amounts appropriated to carry out this subpart, the Secretary shall award grants, on a competitive basis, to eligible entities to implement a comprehensive, evidence-based continuum of coordinated services and supports that engages community partners to improve academic achievement, student development, and college and career readiness, measured by common outcomes, by carrying out the activities described in section 4714 in neighborhoods with high concentrations of low-income individuals and schools identified as focus schools or priority schools under subsection (c) or (d) of section 1116. (2) Sufficient size and scope Each grant awarded under this subpart shall be of sufficient size and scope to allow the eligible entity to carry out the purpose of this part. (b) Duration A grant awarded under this subpart— (1) shall be for a period of not more than 5 years; and (2) may be renewed for not more than 1 additional grant period, if the eligible entity demonstrates significant improvement in relation to the performance metrics established under section 4716(a). (c) Continued funding Continued funding of a grant under this subpart, including a grant renewed under subsection (b)(2), after the third year of the grant period shall be contingent on the eligible entity’s progress toward meeting the performance metrics described in section 4716(a). (d) Matching requirement (1) In general Each eligible entity receiving a grant under this subpart shall contribute matching funds in an amount equal to not less than 100 percent of the amount of the grant. Such matching funds shall come from Federal, State, local, and private sources. (2) Private sources The Secretary— (A) shall require that a portion of the matching funds come from private sources; and (B) may allow the use of in-kind donations to satisfy the matching funds requirement. (3) Adjustment The Secretary may adjust the matching funds requirement for applicants that demonstrate high need, including applicants from rural areas or applicants that wish to provide services on tribal lands. (e) Financial hardship waiver (1) In General The Secretary may waive or reduce, on a case-by-case basis, the matching requirement described in subsection (d), for a period of 1 year at a time, if the eligible entity demonstrates significant financial hardship. (2) Private sources waiver The Secretary may waive or reduce, on a case-by-case basis, the requirement described in subsection (d) that a portion of matching funds come from private sources if the eligible entity demonstrates an inability to access such funds in the State. 4712. Eligible entities In this subpart, the term eligible entity (1) A high-need local educational agency. (2) A charter school funded by the Bureau of Indian Education that is not a local educational agency, except that such school shall not be the fiscal agent for the eligible entity partnership. (3) An institution of higher education, as defined in section 102 of the Higher Education Act of 1965. (4) The office of a chief elected official of a unit of local government. (5) An Indian tribe or tribal organization, as defined under section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b 4713. Application requirements (a) In general An eligible entity desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents of application At a minimum, an application described in subsection (a) shall include the following: (1) A plan to significantly improve the academic outcomes of children living in a neighborhood that is served by the eligible entity, by providing pipeline services that address the needs of children in the neighborhood, as identified by the needs analysis described in paragraph (4) and supported by evidence-based practices. (2) A description of the neighborhood that the eligible entity will serve. (3) Measurable annual goals for the outcomes of the grant, including— (A) performance goals, in accordance with the metrics described in section 4716(a), for each year of the grant; and (B) projected participation rates and any plans to expand the number of children served or the neighborhood proposed to be served by the grant program. (4) An analysis of the needs and assets of the neighborhood identified in paragraph (2), including— (A) a description of the process through which the needs analysis was produced, including a description of how parents, family, and community members were engaged in such analysis; (B) an analysis of community assets, including programs already provided from Federal and non-Federal sources, within, or accessible to, the neighborhood, including, at a minimum— (i) early learning programs, including high-quality child care, Early Head Start programs, Head Start programs, and prekindergarten programs; (ii) the availability of healthy food options and opportunities for physical activity; (iii) existing family and student supports; (iv) locally owned businesses and employers; and (v) institutions of higher education; (C) evidence of successful collaboration within the neighborhood; (D) the steps that the eligible entity is taking, at the time of the application, to address the needs identified in the needs analysis; and (E) any barriers the eligible entity, public agencies, and other community-based organizations have faced in meeting such needs. (5) A description of the data used to identify the pipeline services to be provided, including data regarding— (A) school readiness; (B) academic achievement and college and career readiness; (C) graduation rates; (D) health indicators; (E) rates of enrollment, remediation, persistence, and completion at institutions of higher education, as available; and (F) conditions for learning, including school climate surveys, discipline rates, and student attendance and incident data. (6) A description of the process used to develop the application, including the involvement of family and community members. (7) An estimate of— (A) the number of children, by age, who will be served by each pipeline service; and (B) for each age group, the percentage of children (of such age group), within the neighborhood, who the eligible entity proposes to serve, disaggregated by each service, and the goals for increasing such percentage over time. (8) A description of how the pipeline services will facilitate the coordination of the following activities: (A) Providing high-quality early learning opportunities for children, beginning prenatally and extending through grade 3, by— (i) supporting high-quality early learning opportunities that provide children with access to programs that support the cognitive and developmental skills, including social and emotional skills, needed for success in elementary school; (ii) providing for opportunities, through parenting classes, baby academies, home visits, family and community engagement, or other evidence-based strategies, for families and expectant parents to— (I) acquire the skills to promote early learning, development, and health and safety, including learning about child development and positive discipline strategies (such as through the use of technology and public media programming); (II) learn about the role of families and expectant parents in their child’s education; and (III) become informed about educational opportunities for their children, including differences in quality among early learning opportunities; (iii) ensuring successful transitions between early learning programs and elementary school, including through the establishment of memoranda of understanding between early learning providers and local educational agencies serving young children and families; (iv) ensuring appropriate screening, diagnostic assessments, and referrals for children with disabilities, developmental delays, or other special needs, consistent with the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. (v) improving the early learning workforce in the community, including through— (I) investments in the recruitment, retention, distribution, and support of high-quality professionals, especially high-quality professionals with certification and experience in child development; (II) the provision of high-quality teacher preparation and professional development; or (III) the use of joint professional development for early learning providers and elementary school teachers and administrators; and (vi) enhancing data systems and data sharing among the eligible entity, partners, early learning providers, schools, and local educational agencies operating in the neighborhood. (B) Supporting, enhancing, operating, or expanding rigorous and comprehensive education reforms designed to significantly improve educational outcomes for children in early learning programs through grade 12, which may include— (i) operating schools or working in close collaboration with local schools to provide high-quality academic programs, curricula, and integrated student supports; (ii) providing expanded learning time, which may include the integration and use of arts education in such learning time; and (iii) providing programs and activities that ensure that students— (I) are prepared for the college admissions, scholarship, and financial aid application processes; and (II) graduate college and career ready. (C) Supporting access to a healthy lifestyle, which may include— (i) the provision of high-quality and nutritious meals; (ii) access to programs that promote physical activity, physical education, and fitness; and (iii) education to promote a healthy lifestyle and positive body image. (D) Providing social, health, and mental health services and supports, including referrals for essential care and preventative screenings, for children, family, and community members, which may include— (i) dental services; (ii) vision care; and (iii) speech, language, and auditory screenings and referrals. (E) Supporting students and family members as the students transition from early learning programs into elementary school, from elementary school to middle school, from middle school to high school, from high school into and through college and into the workforce, including through evidence-based strategies to address challenges that students may face as they transition, such as the following: (i) Early college high schools. (ii) Dual enrollment programs. (iii) Career academies. (iv) Counseling and support services. (v) Dropout prevention and recovery strategies. (vi) Collaboration with the juvenile justice system and reentry counseling for adjudicated youth. (vii) Advanced Placement or International Baccalaureate courses. (viii) Teen parent classrooms. (ix) Graduation and career coaches. (9) A description of the strategies that will be used to provide pipeline services (including a description of the process used to identify such strategies and the outcomes expected and a description of which programs and services will be provided to children, family members, community members, and children not attending schools or programs operated by the eligible entity or its partner providers) to support the purpose of this part. (10) An explanation of the process the eligible entity will use to establish and maintain family and community engagement. (11) An explanation of how the eligible entity will continuously evaluate and improve the continuum of high-quality pipeline services, including— (A) a description of the metrics, consistent with section 4716(a), that will be used to inform each component of the pipeline; and (B) the processes for using data to improve instruction, optimize integrated student supports, provide for continuous program improvement, and hold staff and partner organizations accountable. (12) An identification of the fiscal agent, which may be any entity described in section 4712 (not including paragraph (2) of such section). (13) A list of the non-Federal sources of funding that the eligible entity will secure to comply with the matching funds requirement described in section 4711(d), in addition to other programs from which the eligible entity has already secured funding, including programs funded by the Department or programs of the Department of Health and Human Services, the Department of Housing and Urban Development, the Department of Justice, or the Department of Labor. (c) Memorandum of understanding An eligible entity, as part of the application described in this section, shall submit a preliminary memorandum of understanding, signed by each partner entity or agency. The preliminary memorandum of understanding shall describe, at a minimum— (1) each partner’s financial and programmatic commitment with respect to the strategies described in the application, including an identification of the fiscal agent; (2) each partner’s long-term commitment to providing pipeline services that, at a minimum, accounts for the cost of supporting the continuum of supports and services (including a plan for how to support services and activities after grant funds are no longer available) and potential changes in local government; (3) each partner’s mission and the plan that will govern the work that the partners do together; (4) each partner’s long-term commitment to supporting the continuum of supports and services through data collection, monitoring, reporting, and sharing; and (5) each partner’s commitment to ensure sound fiscal management and controls, including evidence of a system of supports and personnel. 4714. Use of funds (a) In general Each eligible entity that receives a grant under this subpart shall use the grant funds to— (1) implement the pipeline services, as described in the application under section 4713; and (2) continuously evaluate the success of the program and improve the program based on data and outcomes. (b) Special rules (1) Funds for pipeline services Each eligible entity that receives a grant under this subpart shall, following the second year of the grant and each subsequent year, including each year of a renewal grant, use not less than 80 percent of grant funds to carry out the activities described in subsection (a)(1). (2) Operational flexibility Each eligible entity that operates a school in a neighborhood served by a grant program under this subpart shall provide such school with the operational flexibility, including autonomy over staff, time, and budget, needed to effectively carry out the activities described in the application under section 4713. (3) Limitation on use of funds for early childhood education programs Funds under this subpart that are used to improve early childhood education programs shall not be used to carry out any of the following activities: (A) Assessments that provide rewards or sanctions for individual children or teachers. (B) A single assessment that is used as the primary or sole method for assessing program effectiveness. (C) Evaluating children, other than for the purposes of improving instruction, classroom environment, professional development, or parent and family engagement, or program improvement. 4715. Report and publicly available data (a) Report Each eligible entity that receives a grant under this subpart shall prepare and submit an annual report to the Secretary, which shall include— (1) information about the number and percentage of children in the neighborhood who are served by the grant program, including a description of the number and percentage of children accessing each support or service offered as part of the pipeline services; (2) information relating to the performance metrics described in section 4716(a); and (3) other indicators that may be required by the Secretary, in consultation with the Director of the Institute of Education Sciences. (b) Publicly available data Each eligible entity that receives a grant under this subpart shall make publicly available, including through electronic means, the information described in subsection (a). To the extent practicable, such information shall be provided in a form and language accessible to parents and families in the neighborhood, and such information shall be a part of statewide longitudinal data systems. 4716. Performance accountability and evaluation (a) Performance metrics Each eligible entity that receives a grant under this subpart shall collect data on performance indicators of pipeline services and family and student supports and report the results to the Secretary, who shall use the results as a consideration in continuing grants after the third year and in awarding grant renewals. The indicators shall, at a minimum, include the following: (1) Evidence of increasing qualifications for staff in early care and education programs attended by children in the neighborhood. (2) With respect to the children served by the grant— (A) the percentage of children who are ready for kindergarten, as measured by a comprehensive developmental screening instrument; (B) the percentage of school-age children proficient in core academic subjects; (C) evidence of narrowing student achievement gaps among the categories described in section 1111(a)(2)(B)(x); (D) the percentage of children who are reading at grade level by the end of grade 3; (E) the percentage of children who successfully transition from grade 8 to grade 9; (F) for each school year during the grant period, the percentage of students in prekindergarten, elementary school, and secondary school who miss more than 10 percent of school days for any reason, excused or unexcused, and the number and percentage of students who are suspended or expelled for any reason, starting in prekindergarten; (G) the percentage of children who graduate with a high school diploma; (H) the percentage of children who enter postsecondary education and remain after 1 year; (I) the percentage of children who are healthy, as measured by a child-health index that includes cognitive, nutritional, physical, social, mental health, and emotional domains; (J) the percentage of children who feel safe, as measured by a school climate survey; (K) rates of student mobility and homelessness; (L) opportunities for family members of children to receive education and job training; and (M) the percentage of children who have digital literacy skills and access to broadband internet and a connected computing device at home and at school. (b) Evaluation The Secretary shall evaluate the implementation and impact of the activities funded under this subpart, in accordance with section 9601. 2 Promise school grants 4721. Program authorized (a) In general (1) Program authorized From amounts appropriated to carry out this subpart, the Secretary shall award grants, on a competitive basis, to eligible entities to implement school-centered, evidence-based strategies and integrated student supports that leverage community partnerships to improve student achievement and child development by carrying out the activities described in section 4724 in schools with high concentrations of low-income children. (2) Sufficient size and scope Each grant awarded under this subpart shall be of sufficient size and scope to allow the eligible entity to carry out the purpose of this part. (b) General provisions The requirements of subsections (b), (c), (d), and (e) of section 4711 and section 4714(b) shall apply to a grant under this subpart in the same manner as such subsections apply to a grant under subpart 1, except that the performance metrics used for section 4711(c) shall be the metrics under section 4726(a). 4722. Definition of eligible entity In this subpart, the term eligible entity (1) not less than 1 high-need local educational agency (including a charter school that is a local educational agency) in partnership with 1 or more nonprofit entities or institutions of higher education; or (2) a school funded by the Bureau of Indian Education that falls under the definition of a local educational agency in partnership with 1 or more nonprofit entities or institutions of higher education. 4723. Application requirements; priority (a) In general An eligible entity desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents of application At a minimum, the application described in subsection (a) shall include the following: (1) A description of the local educational agency, schools, and students that will be served by the grant program. (2) A description of the steps that the eligible entity is taking— (A) to meet the needs identified in the analysis described in paragraph (4); and (B) to remove any barriers that the eligible entity has identified in meeting such needs. (3) The designation of a site coordinator, with appropriate qualifications and appropriate time, autonomy, and support to provide— (A) leadership in building relationships and establishing and sustaining partnerships that support school improvement, school turnaround efforts in accordance with section 1116(d), increases in student achievement, positive child development, and parent, family, and community engagement; and (B) effective coordination of student services at all stages of the continuum of high-quality pipeline services. (4) An analysis of the needs and assets of the schools and communities that will be assisted under the grant. Such analysis shall include— (A) student data, including information about— (i) kindergarten readiness, as measured by a comprehensive developmental screening instrument; (ii) academic achievement; (iii) credit accumulation; (iv) grade-to-grade promotion; (v) graduation; (vi) attendance; and (vii) discipline; and (B) information about the assets described in section 4713(b)(4)(B) with respect to such schools and communities. (5) An explanation of how the eligible entity and its program partners will use evidence-based practice, data, research, and partnerships to provide pipeline services that— (A) address the needs identified in paragraph (4); (B) conduct family and community engagement; (C) enable teachers and administrators, including early learning providers, to complement and enrich efforts to help children— (i) achieve learning gains; (ii) prepare for graduation; and (iii) plan for the future, including preparing for college and careers; and (D) coordinate and leverage other programs that serve children, the schools served by the grant, and the neighborhood. (6) An explanation of the extent to which the eligible entity and its program partners will serve or involve children residing in the neighborhood regardless of whether such children attend a school served by the grant, including by carrying out the activities described in section 4713(b)(8). (7) A description of the capacity of the eligible entity for measuring student outcomes and school-specific outcomes. (8) A description of how the strategies supported with funds under this subpart will be— (A) coordinated with other programs and strategies carried out by the local educational agency; and (B) to the greatest extent practicable, coordinated with other agencies, such as agencies that provide reentry services to adjudicated youth. (9) A description of the strategy the eligible entity will use to— (A) conduct family and community engagement; and (B) make schools the centers of their respective communities. (10) A list of the non-Federal sources of funding that the eligible entity will secure to comply with the matching funds requirement pursuant to sections 4711(d) and 4721(b), in addition to other programs the eligible entity has already secured funding from, including programs funded by the Department, or programs of the Department of Health and Human Services, the Department of Housing and Urban Development, the Department of Justice, or the Department of Labor. (c) Memorandum of understanding An eligible entity, as part of the application described in this section, shall submit a preliminary memorandum of understanding that meets the requirements of section 4713(c). (d) Priority In awarding grants under this subpart, the Secretary shall give priority to applicants that— (1) propose to include significant investments, as determined by the Secretary, in high-quality early learning programs, consistent with section 4713(b)(8)(A); and (2) provide schools served by the grant with the operational flexibility, including autonomy over staff, time, and budget, needed to effectively carry out the activities described in the application under this section. 4724. Use of funds (a) In general Each eligible entity that receives a grant under this subpart shall use the grant funds to— (1) implement the activities described in the application under section 4723; and (2) continuously evaluate the success of the grant program and improve the grant program based on data and outcomes. (b) Special rule (1) Limitation on use of funds for early childhood education programs Funds under this subpart that are used to improve early childhood education programs shall not be used to carry out any of the following activities: (A) Assessments that provide rewards or sanctions for individual children or teachers. (B) A single assessment that is used as the primary or sole method for assessing program effectiveness. (C) Evaluating children, other than for the purposes of improving instruction, classroom environment, professional development, or parent and family engagement, or program improvement. 4725. Report and publicly available data (a) Report Each eligible entity that receives a grant under this subpart shall prepare and submit an annual report to the Secretary, which shall include— (1) information about the number and percentage of children served by the grant program, disaggregated by the subgroups described in section 1111(a)(2)(B)(x); (2) information relating to the performance metrics described in section 4726(a); and (3) other indicators that may be required by the Secretary, in consultation with the Director of the Institute of Education Sciences. (b) Publicly available data Each eligible entity that receives a grant under this subpart shall make publicly available, including through electronic means, the information described in subsection (a). To the extent practicable, such information shall be provided in a form and language accessible to parents and families in the neighborhood. 4726. Performance accountability and evaluation (a) Performance metrics Each eligible entity receiving a grant under this subpart shall collect data on performance indicators of pipeline services and family and student supports and report the results to the Secretary, who shall use the results as a consideration in continuing grants after the third year and awarding grant renewals. The indicators shall, at a minimum, include the indicators described in paragraphs (1) and (2) of section 4716(a). (b) Evaluation The Secretary shall evaluate the implementation and impact of the activities funded under this subpart, in accordance with section 9601. 3 General provisions 4731. National activities From the amounts appropriated to carry out this part for a fiscal year, in addition to the amounts that may be reserved in accordance with section 9601, the Secretary may reserve not more than 8 percent for national activities, which may include— (1) research on the activities carried out under subparts 1 and 2; (2) identification and dissemination of best practices, including through support for a community of practice; (3) technical assistance, including assistance relating to family and community engagement and outreach to potential partner organizations; (4) professional development, including development of materials related to professional development; and (5) other activities consistent with the purpose of this part. . 4109. Parent and family information and resource centers Title IV ( 20 U.S.C. 7101 et seq. H Parent and family information and resource centers 4801. Purpose The purpose of this part is to increase and enhance parent and family engagement in education by— (1) providing support and technical assistance to State educational agencies; (2) supporting a community of practice related to effective parent and family engagement strategies and practices; and (3) as appropriate, providing information and training to local educational agencies, schools, parents and families, and community members. 4802. Definition of eligible entity In this part, the term eligible entity (1) a nonprofit organization (including a statewide nonprofit organization); or (2) a consortium consisting of a nonprofit organization (including a statewide nonprofit organization) and a State educational agency or local educational agency. 4803. Grants authorized (a) Parent and family information and resource centers The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable such eligible entities to operate State parent and family information and resource centers that— (1) assist the State educational agency in identifying, implementing, and replicating effective, evidence-based parent, family, and community engagement strategies, including assisting the State educational agency in carrying out parent and family engagement strategies that are funded under section 1118 and other provisions of this Act; (2) provide technical assistance, training, information, and support regarding parent and family engagement, as appropriate (including support in turning around schools), to, at a minimum, high-need schools, schools that are served by high-need local educational agencies, and early care and education providers that primarily serve low-income parents and families; and (3) strengthen partnerships among parents, family members, community-based organizations (including faith-based organizations), early care and education providers, schools, local educational agencies, employers, and other appropriate community members who are committed to improving and enhancing parent, family, and community engagement in order to improve student achievement and support positive child development. (b) Duration Grants awarded under this part shall be for a period of 5 years. (c) Geographic distribution In awarding grants under this part, the Secretary shall ensure that not less than 1 grant is awarded to an eligible entity in each State, except that competitions conducted pursuant to section 4806(b)(2)(B), or for which no eligible entity from a State applies, shall be open to all eligible entities. (d) Priority In awarding grants under this part, the Secretary shall give priority to applications from eligible entities that have a demonstrated record of effectiveness in increasing and enhancing the engagement of parents and families whose children attend a high-need school or a school that is served by a high-need local educational agency. 4804. Applications (a) Submission Each eligible entity that desires a grant under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Assurances Each application submitted under subsection (a) shall include, at a minimum, an assurance that the eligible entity will— (1) (A) be governed by a board of directors, of which not less than 50 percent is comprised of members who are— (i) parents or family members of school-aged children in the State that the eligible entity serves, including educationally and economically disadvantaged parents; and (ii) community stakeholders who are committed to improving schools and increasing parent and family engagement; or (B) be an organization or consortium that represents the interests of parents and family members of school-aged children; (2) use not less than 60 percent of the funds received under this part for each fiscal year to support parent and family engagement in high-need local educational areas; (3) reserve not less than 30 percent of the funds received under this part for each fiscal year to support parent and family engagement of low-income parents and family members whose children attend early childhood education programs; (4) operate a parent and family information and resource center of sufficient size, scope, and quality to effectively carry out the purpose of this part; (5) ensure that parents and family members, including economically disadvantaged parents and family members with children who attend high-need schools or schools that are served by high-need local educational agencies, have access to leadership development training and other evidence-based strategies that provide the skills and resources parents and family members need to support school improvement, increase student achievement, and promote positive student development; and (6) demonstrate to the Secretary that a portion of the services provided by the eligible entity under the grant is supported through non-Federal contributions, which contributions may be in cash or in-kind. (c) Contents In addition to the requirements described in subsection (b), each application submitted under subsection (a) shall, at a minimum— (1) describe how the eligible entity will serve both urban and rural areas throughout the State that is served by the eligible entity; (2) demonstrate the eligible entity’s record of effectiveness in carrying out parent and family engagement activities, including the provision of high-quality technical assistance to State educational agencies and local educational agencies; (3) describe the process through which the eligible entity will— (A) leverage relationships with, and collect and exchange information among, partners; and (B) disseminate information about evidence-based best practices to support parent and family engagement strategies; (4) describe the eligible entity’s strategy for serving parents and family members of children in the area served by the eligible entity, including parents and family members of students who are served by high-need local educational agencies; (5) describe how the eligible entity will assist the State educational agency in effectively supporting high-need local educational agencies in— (A) increasing parent and family member understanding of, and opportunities to develop, the knowledge and skills to engage as full partners in supporting academic achievement, child development, and school improvement; and (B) employing evidence-based strategies to— (i) increase the participation of economically disadvantaged and English learner parents and family members, and low-income parents and family members of children with disabilities, in school activities; and (ii) improve parent and family engagement strategies in low-performing schools served by high-need local educational agencies; and (6) describe how the eligible entity will coordinate its activities with the parent training and information centers assisted under section 671 of the Individuals with Disabilities Education Act; (7) identify the Federal, State, and local services and programs that prepare children to be ready for institutions of higher education and careers with which the eligible entity will coordinate, including— (A) programs supported under this Act; (B) violence prevention programs; (C) programs that serve at-risk or out-of-school youth; (D) nutrition programs; (E) housing programs; (F) Head Start and other early childhood education programs; (G) adult education and literacy activities (as defined in section 203 of the Adult Education and Family Literacy Act); and (H) workforce development programs. 4805. Uses of funds (a) Required activities Each eligible entity that receives a grant under this part shall use such grant funds to provide services to parents, family members, educators, and community members and to assist State educational agencies, local educational agencies, and, where applicable, districtwide parent advisory committees in supporting parent and family engagement in education by carrying out the following activities: (1) Providing technical assistance to State educational agencies in— (A) reviewing and responding to local parent and family engagement plans described in section 1118(a) (including, at a minimum, such plans submitted by high-need local educational agencies) in order to support evidence-based strategies and best practices in parent and family engagement; (B) the implementation of Federal and State laws, regulations, and guidance relating to parent and family engagement; (C) the implementation or replication of statewide, evidence-based programs and strategies, such as professional development for educators related to parent and family engagement, especially that impact parents and family members who are educationally and economically disadvantaged; (D) ensuring that schools and classrooms are welcoming of family and community members; and (E) applicable evaluation, reporting, and accountability processes. (2) Obtaining and disseminating information about the range of options, programs, services, and resources (including curricula) that are available at the national level, the State level, and the local level to assist school and local educational agency personnel in implementing evidence-based parent and family engagement strategies. (3) Coordinating parent and family engagement strategies with relevant Federal, State, and local services and programs. (4) Working with individuals and organizations with expertise in identifying and implementing evidence-based practices to improve parent and family engagement. (5) Coordinating and integrating early care and education programs with school-age programs, especially those programs focusing on supporting the transition of young children into kindergarten through grade 3, such as by increasing awareness of school readiness expectations among family and community members. (6) Implementing parent institutes or other leadership development strategies to ensure that parents and family members have the skills and resources needed to understand student and school data in order to make decisions, effectively communicate with school officials and educators, support school improvement, and increase student achievement. (b) Permissive activities In addition to the activities required under subsection (a), each eligible entity that receives a grant under this part may use such grant funds to carry out the following activities: (1) Developing and disseminating templates for schools and local educational agencies to use to provide information about curricula, academic expectations, academic assessments, and the results of academic assessments to family members in a manner and a language that such family members can understand. (2) Providing training, information, and support to organizations that support partnerships among schools, parents, family members, and districtwide parent advisory committees, as applicable. (3) Providing professional development to, and supporting a community of practice among, school and local educational agency staff (which may be provided jointly to educators and family members) to assist school and agency staff in developing and implementing strategies to increase and strengthen ongoing communication with parents and family members, including professional development opportunities that prepare teachers to have more focused, goal-oriented, and reciprocal parent-teacher conferences. 4806. Administrative provisions (a) Matching funds for grant renewal For each fiscal year after the first fiscal year for which an eligible entity receives assistance under this part, the eligible entity shall demonstrate that a portion of the services provided by the eligible entity is supported through non-Federal contributions, which contributions may be in cash or in-kind. (b) Performance accountability (1) Performance indicators Each eligible entity receiving a grant under this part shall submit to the Secretary an annual report regarding the parent and family information and resource centers assisted under this part. Such report shall be made publicly available, including through electronic means, and shall include, at a minimum, a description of how each parent and family information and resource center has performed with respect to the following indicators: (A) The number of local educational agencies or other entities that received assistance or support in the previous academic year. (B) The number of parents and family members whose children participated in the previous academic year in programs, activities, or strategies supported by the parent and family information and resource center, and— (i) the number of such parents whose children are eligible to be counted under section 1124(c)(1)(A); (ii) the number of such parents whose children are English learners; and (iii) the number of such parents who are parents of children with disabilities. (C) The outcomes directly attributable to the provision of assistance or support provided by the parent and family information and resource center, such as increased parent and family member participation in school planning activities, parent-teacher conferences, or the local educational agency budgeting process. (D) Other evidence-based indicators that the Secretary may reasonably require. (2) Performance goals (A) In general Each eligible entity that is awarded a grant under this part shall establish, in consultation with the Secretary, annual performance goals for each of the indicators described in paragraph (1). Such performance goals shall be made publicly available, including through electronic means. (B) Consequences for poor performance If an eligible entity receiving grant funds under this part does not meet the performance goals established under this paragraph for 2 consecutive years, after the provision of technical assistance in the second consecutive year, the Secretary shall terminate the grant and conduct a new competition for the grant. (C) Loss of eligibility If an eligible entity has received a grant under this part and such grant has been terminated in accordance with subparagraph (B), the eligible entity shall not be eligible to participate in future grant competitions, or receive grant funds, under this part. (3) Technical assistance The Secretary shall provide technical assistance to each eligible entity receiving a grant under this part that does not meet the performance goals established under paragraph (2). (c) Report to congress The Secretary shall prepare and submit an annual report to the authorizing committees, which shall— (1) include the information that each eligible entity submits to the Secretary in accordance with subsection (b)(1); (2) summarize and synthesize the best practices collected by the parent and family information and resource centers for increasing and improving parent, family, and community engagement; and (3) be made available to the public (including through electronic means). (d) Rule of construction Nothing in this part shall be construed to prohibit a parent and family information and resource center from— (1) allowing its employees or agents to meet with family members at a site that is not on school grounds; or (2) working with another public or nonprofit agency that serves children. (e) Parental rights Notwithstanding any other provision of this part— (1) no individual (including a parent who educates a child at home, parent of a public school student, or parent of a private school student) shall be required to participate in any program of parent or family education or developmental screening under this part; and (2) a program or center assisted under this part shall not take any action that infringes in any manner on the right of a parent to direct the education of such parent’s child. . 4110. Programs of national significance The Act (20 U.S.C. 6301 et seq.) is amended— (1) by redesignating subpart 1 of part D of title V as part J of title IV, and transferring such part J so as to follow part I of title IV, as redesignated by section 2101(a) of this Act; (2) in part J of title IV, as redesignated under paragraph (1), by striking the heading and inserting the following: programs of national significance (3) by striking section 5414; (4) by redesignating sections 5411, 5412, and 5413, as sections 4905, 4906, and 4907, respectively; (5) in section 4905, as redesignated under paragraph (4)— (A) in subsection (a)— (i) by striking challenging State academic content and student academic achievement standards college and career ready academic content and student academic achievement standards under section 1111(a)(1) (ii) by inserting nonprofit private (B) by striking subsection (b) and inserting the following: (b) Uses of funds A nonprofit entity receiving a grant under subsection (a) shall use the grant funds to carry out 1 of the following activities: (1) Providing funding for economically disadvantaged students, including students from military families and recent immigrants, and their teachers, to participate in programs based in Washington, D.C. that increase civic responsibility and understanding of the Federal Government among young people. (2) Developing, implementing, evaluating, and disseminating innovative, research-based approaches to civic learning, which may include hands-on civic engagement activities, for low-income elementary school and secondary school students that demonstrate innovation, scalability, accountability, and a focus on underserved populations. (3) Supporting a national principal and teacher certification process that provides a framework for measuring and improving teaching and instructional leadership with a focus on educators working in schools that are eligible for funding under subpart 1 or 2 of part A of title I, including comprehensive rigorous teaching standards, leadership standards, and high-quality metrics designed to reward educator effectiveness and inform and deliver high-quality professional development for all educators. (4) Creating a national teacher corps of outstanding college graduates to teach in underserved communities in order to— (A) increase the supply of effective teachers in low-income communities; and (B) provide and support the retention of teachers for high-need fields. (5) Supporting a national network of providers of high-quality, evidence-based professional development in writing instruction for teachers across all academic subjects and grades. (6) Encouraging parents and caregivers to read aloud to their children by supporting programs through which, during pediatric exams, doctors and nurses train parents and caregivers who may not be skilled readers. (7) Supporting the research and implementation of highly effective, evidence-based strategies, instructional and otherwise, and the expansion of programs designed to engage and support students who are recent immigrants and students with interrupted formal education, and families of such students, in order to improve the language acquisition and academic achievement of such students. (8) Researching and promoting the use of instructional technology and strategies across all content areas that will drastically accelerate the language acquisition in English learners and will support English learners as they access rigorous academic content. (9) Preparing young children from low-income families for reading success by grade 3 by— (A) distributing inexpensive books; (B) training volunteers to serve at-risk children; (C) developing motivational literacy activities for at-risk children; and (D) providing information on literacy resources, such as those provided by local libraries and other community-based organizations. (10) Supporting model projects and programs that encourage involvement in the performing and visual arts, for— (A) persons with disabilities, by— (i) increasing access to all forms of the arts for all persons, including those living with intellectual, physical, and sensory disabilities; and (ii) fostering a greater awareness of the need for arts programs for individuals with disabilities; and (B) children, youth, and educators. (11) Implementing a coordinated program of scientifically based research, demonstration projects, innovative strategies, and professional development for teachers and other instructional leaders working in high-poverty schools to— (A) enhance the ability of educators to meet the special educational needs of gifted and talented students, including high-ability students who have not been formally identified as gifted; and (B) prioritize students who have been underrepresented in gifted education programs, including students who are economically disadvantaged, of minority backgrounds, English learners, children with disabilities, and students in rural communities. (12) Supporting the research and implementation of highly effective, evidence-based strategies and the expansion of programs designed to engage and support students who experience homelessness, or are at risk of homelessness, and families of such students, in order to improve social and emotional well-being, health outcomes, and academic achievement of such students. (13) Providing social, emotional, and academic support to students from military families, and families of such students, by— (A) developing, implementing, evaluating, and disseminating innovative, research-based approaches to providing early intervening services that mitigate the effect of deployment of family members; (B) providing training to teachers and volunteers on the unique needs of such students; and (C) supporting model projects and programs for tutoring and counseling. (14) Developing, implementing, evaluating, and disseminating innovative, research-based approaches to teaching financial literacy, which may include curriculum and hands-on activities, for low-income elementary school and secondary school students that demonstrate innovation, scalability, accountability, and a focus on underserved populations. (15) Promoting gender equity in education by supporting educational agencies and institutions in meeting the requirements of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.). (16) Other high-quality, nationally significant programs that meet the purposes of this Act. ; (C) in subsection (c), by striking subpart part (D) in subsection (d), by striking subpart part (6) in section 4906(c), as redesignated under paragraph (4), by striking and in recognizing States, local educational agencies, and schools under section 5411(b)(3), only if funds are used for such recognition programs (7) in section 4907, as redesignated under paragraph (4)— (A) in subsection (a)(1), by striking 5412 4906 (B) by striking subsection (d); and (8) in each of sections 4906 and 4907, as redesignated under paragraph (4), by striking subpart part 4111. Competency-based assessment and accountability demonstration authority Title IV ( 20 U.S.C. 7101 et seq. K Competency-based assessment and accountability demonstration authority 4909. Competency-based assessment and accountability demonstration (a) Definitions In this part: (1) College and career ready standards The term college and career ready standards (2) Competency The term competency (A) applied within or across content domains; and (B) aligned with college and career ready standards. (3) Core indicators The term core indicators (A) State academic assessments that meet the requirements of section 1111(a)(2)(B) and that provide data that can be compared with data regarding the State academic assessments required under section 1111(a)(2); and (B) State graduation rates. (4) Eligible entity The term eligible entity (5) Mastery The term mastery (6) Performance assessment The term performance assessment (A) includes complex activities with clear criteria, expectations, and processes that enable students to interact with meaningful content; and (B) measures the depth at which students learn content and apply complex skills to create or refine an original product or solution. (7) Universal design The term universal design (b) Demonstration authority (1) In general The Secretary may provide eligible entities, in accordance with paragraph (3), with the authority to incorporate competency-based accountability into the State accountability system required under section 1111(a)(3) in accordance with an application approved under subsection (c). (2) Demonstration period Each award of demonstration authority under this part shall be for a period of 3 years. (3) Initial demonstration authority; expansion; renewal (A) Initial limit During the initial 3-year period of demonstration authority under this section, the Secretary may not provide more than 3 eligible entities with the authority described in paragraph (1). (B) Expansion of demonstration authority After the end of the initial demonstration period described in subparagraph (A), the Secretary may provide additional eligible entities with demonstration authority described in paragraph (1), subject to each of the requirements of this part as applicable, if the Secretary determines that the demonstration authority provided under this part during the initial demonstration period has effectively supported student progress on core indicators among students served by the eligible entities, including subgroups of students described in section 1111(a)(3)(D). (C) Renewal requirements The Secretary may renew an award of demonstration authority under this part for additional 2-year periods if the eligible entity demonstrates progress on core indicators. (c) Applications To be eligible to participate in the demonstration under this part, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, that describes the competency-based accountability system that will be used by the eligible entity, including— (1) an assurance that the competency-based accountability system will only utilize summative assessments for accountability purposes that— (A) are determined by the Secretary to provide comparable data across the eligible entity, demonstrate inter-rater reliability, and meet the requirements for assessments described in section 1111(a)(2)(B); (B) have been field-tested; (C) are aligned to college and career ready standards and State-approved competencies; (D) have been developed in collaboration with stakeholders representing the interests of students who are children with disabilities, English learners, and civil rights organizations in the State, as demonstrated through modifications made to the assessments resulting from such collaboration; and (E) incorporate the principles of universal design; (2) how the competency-based accountability system will— (A) incorporate a system of formative, interim, and summative assessments, including the use of performance assessments and other sources of evidence of student learning that determine mastery of State-approved competencies aligned to college and career ready standards and competencies; (B) allow students to demonstrate progress toward mastery of such standards and State-approved competencies; (C) assess mastery of State-approved competencies when students are ready to demonstrate mastery of such standards and competencies; (D) provide students with multiple opportunities to demonstrate mastery of such standards and competencies; (E) ensure that summative assessments comply with the requirements for academic assessments, as described in section 1111(a)(2)(B), while engaging and supporting teachers in scoring assessments, including the use of high-quality professional development, standardized and calibrated scoring rubrics, and other strategies to ensure inter-rater reliability and comparability of determinations of mastery across the State; (F) provide educators, students, and parents with real-time data to inform instructional practice and continuously improve student performance; (G) be used in conjunction with the accountability requirements described in section 1111(a)(3) and section 1116 to improve the academic outcomes of focus schools identified under section 1116(c), priority schools identified under section 1116(d), and all other schools that fail to meet the school performance targets, established in accordance with section 1111(a)(3)(C), for any subgroup described in section 1111(a)(3)(D); (H) require not less than 1 year of academic growth within a school year for each student and assure instructional support and targeted intervention are in place for those students performing below their peers; and (I) only utilize a student's individualized education program, as defined in section 602 of the Individuals with Disabilities Education Act, for purposes specifically allowed under such Act; (3) the eligible entity’s plan to— (A) ensure that all students, including each student subgroup described in section 1111(a)(3)(D)— (i) are held to the same high standard; (ii) demonstrate annually, at a minimum, at least 1 year of academic growth consistent with the requirement in section 1111(a)(3)(B); and (iii) receive the instructional support needed to attain mastery of college and career ready standards and State-approved competencies; (B) train local educational agency and school staff to implement the assessments described in paragraph (2)(A); (C) acclimate students to the new assessment and accountability systems; and (D) ensure that each local educational agency has the technological infrastructure to operate the competency-based accountability system described in this section; and (4) a description of how instruction and professional development will be enhanced within the competency-based system to personalize the educational experience for each student to ensure all students graduate college and career ready, as determined in accordance with State academic achievement standards under section 1111(a)(1). (d) Peer review The Secretary shall— (1) implement a peer-review process, which shall include a review team comprised of practitioners and experts who are knowledgeable about competency-based learning systems, to inform the awarding of the demonstration authority under this part; and (2) make publicly available the applications submitted under subsection (c) and the peer comments and recommendations on such applications. (e) Demonstration authority withdrawn The Secretary may withdraw the demonstration authority provided to an eligible entity under this part if— (1) at any point after the first 2 years of the 3-year demonstration period described in subsection (b)(2), the Secretary determines that student performance for all students served by the eligible entity or any student subgroup described under section 1111(a)(3)(D) has declined on core indicators; or (2) after providing a State with a renewal of demonstration authority under subsection (b)(3), the Secretary makes a determination that student performance has declined on core indicators for 2 consecutive years during the State's participation in the demonstration under this part. (f) Dissemination of best practices The Secretary shall disseminate best practices on the implementation of competency-based accountability systems, including on— (1) the effective use of formative, interim, and summative assessments to inform instruction; (2) the development of summative assessments that meet the requirements of section 1111(a)(2)(B), can be compared with the State assessments required under section 1111(a)(2), and include assessment tasks that determine mastery of State-approved competencies aligned to college and career ready standards; and (3) the development of standardized and calibrated scoring rubrics, and other strategies to ensure inter-rater reliability and comparability of determinations of mastery across the State. . V Promoting innovation 5001. Promoting innovation Title V (20 U.S.C. 7201 et seq.) is amended by striking the title heading and inserting the following: V Promoting Innovation . A Race to the Top 5101. Race to the Top Part A of title V (20 U.S.C. 7201 et seq.) is amended to read as follows: A Race to the Top 5101. Purposes The purposes of this part are to provide incentives for States and high-need local educational agencies to implement comprehensive reforms and innovative strategies that are designed to lead to— (1) significant improvements in outcomes for all students, including improvements in student readiness, student academic achievement, high school graduation rates, and rates of student enrollment, persistence, and completion in institutions of higher education; and (2) significant reductions in achievement gaps between the groups of students described in section 1111(a)(2)(B)(x). 5102. Reservation of funds From amounts made available to carry out this part for a fiscal year, the Secretary may reserve not more than 5 percent to carry out activities in accordance with this part related to technical assistance, evaluation, outreach, and dissemination. 5103. Race to the Top program (a) Program authorized (1) In general For each fiscal year for which funds are appropriated under this part and from such funds that are not reserved under section 5102, the Secretary shall, in accordance with paragraph (2), determine the educational goals that are the greatest priority for the United States and award grants, through a grant competition, to eligible entities to enable such eligible entities to carry out comprehensive reforms and innovative strategies in furtherance of such goals. (2) Selection of goals and categories of entities (A) In general The Secretary shall determine the priorities for grants awarded through a grant competition under this part by selecting in advance of the application period— (i) 1 or more categories of entities described in paragraph (3) that may apply for and receive the grants through such grant competition; and (ii) 1 or more goals described in paragraph (4) to be supported under the grants. (B) Announcement The Secretary shall ensure that information regarding the selections of goals and categories of entities for the grants under this part for an upcoming grant competition is made widely available to eligible entities and that the eligible entities will have sufficient time to prepare a grant application based on the Secretary's decisions for the upcoming grant competition. (3) Eligible entities The categories of entities that may be selected for grants under this part are the following: (A) A State. (B) A high-need local educational agency. (C) A consortium of States. (D) A consortium of high-need local educational agencies. (4) Educational goals The goals that the Secretary shall select to support through grants under this part are 1 or more of the following: (A) Increasing the access of children from low-income families to highly rated teachers and school leaders, including by— (i) developing and implementing a professional growth and improvement system; (ii) improving the effectiveness of teachers (including early childhood education educators) and school leaders, including through high-quality preparation, recruitment, professional development, evaluation, and other personnel policies; and (iii) ensuring that all teachers are prepared to effectively serve the needs of students who are children with disabilities or English learners, particularly through the general education curriculum. (B) Strengthening the availability and use of high-quality and timely data to improve instructional practices, policies, and student outcomes. (C) Implementing— (i) elementary and secondary school academic standards that prepare students to be college and career ready, in accordance with section 1111(a)(1); and (ii) strategies that translate such standards into classroom practice, including in the areas of assessment, instructional materials, and professional development. (D) Turning around the schools served by the eligible entity that are identified through a State's accountability and improvement system under subsection (c) or (d) of section 1116. (E) Creating successful conditions for the creation, expansion, and replication of high-performing public charter schools and the creation of new, innovative, and highly autonomous public schools that will enroll a large percentage of students from low-income families. (F) Providing more equitable State and local resources to high-poverty schools. (G) Improving school readiness by— (i) increasing the number and percentage of children from low-income families, in each age group of infants, toddlers, and preschoolers, who are enrolled in high-quality early childhood education programs; and (ii) designing and implementing an integrated system of high-quality early childhood education programs and services that strengthens the coordination and collaboration among Federal, State, and local early childhood education programs. (b) Duration of grants (1) In general Each grant awarded under this part shall be for a period of not more than 4 years. (2) Requirements for additional funding Before receiving funding under any grant under this part for the second or any subsequent year of the grant, the eligible entity receiving the grant shall demonstrate to the Secretary that the eligible entity is— (A) making progress in implementing the plan under section 5104(a)(3) at a rate that the Secretary determines will result in full implementation of the plan during the remainder of the grant period; and (B) making progress, as measured by the annual performance measures and targets established by the eligible entity under section 5105, at a rate that the Secretary determines will result in reaching the targets and achieving the objectives of the grant, during the remainder of the grant period. (c) Interagency Agreement The Secretary shall establish an interagency agreement with the Secretary of Health and Human Services to jointly administer any grant competition for the goal of improving early childhood education, as described in subsection (a)(4)(G), and any grants issued under such grant competition. 5104. Application process (a) In general Each eligible entity that desires to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. At a minimum, each such application shall include the following: (1) Documentation of the eligible entity’s record, as applicable, in the areas to be measured by the performance measures identified by the Secretary under section 5105(2). (2) Evidence of conditions of innovation and reform that the eligible entity has established and the eligible entity's plan for implementing additional conditions for innovation and reform, including— (A) a description of how the eligible entity has identified and eliminated ineffective practices in the past, and its plan for doing so in the future; (B) a description of how the eligible entity has identified and promoted effective practices in the past, and its plan for doing so in the future; and (C) steps the eligible entity has taken and will take to eliminate statutory, regulatory, procedural, or other barriers to facilitate the full implementation of its proposed plan under paragraph (3). (3) A comprehensive and coherent plan for using funds under this part, and other Federal, State, and local funds, to improve the eligible entity's performance on the performance measures identified under section 5105(2), including how the applicant will implement reforms and innovative strategies to achieve the goals selected by the Secretary under section 5103(a)(2). (4) In the case of an eligible entity that is described in subparagraph (A) or (C) of section 5103(a)(3), evidence of collaboration among the eligible entity, local educational agencies in the State (including the local educational agencies participating in carrying out the plan under paragraph (3)), schools that are expected to benefit from the activities under the plan, parents, teachers, and other stakeholders, in developing and implementing the plan, including evidence of the commitment and capacity to implement such plan. (5) In the case of an eligible entity described in subparagraph (B) or (D) of section 5103(a)(3), evidence of the eligible entity's collaboration with its school leaders, teachers, parents, and other stakeholders in developing the plan under paragraph (3), including evidence of the commitment and capacity to implement such plan. (6) The eligible entity’s annual performance measures and targets, in accordance with the requirements of section 5105. (b) Criteria for evaluating applications (1) In general The Secretary shall award grants under this part on a competitive basis, based on the quality of the applications submitted by eligible entities. (2) Publication of explanation The Secretary shall publish an explanation of how the application review process will ensure an equitable, transparent, and objective evaluation. (c) Priority In awarding grants under this part, the Secretary shall— (1) give priority to any eligible entity described in subparagraph (B) or (D) of section 5103(a)(3) that serves a school designated with a school locale code of 33, 41, 42, or 43, as determined by the Secretary; and (2) for any grant competition under this part for the goal of improving early childhood education, as described in section 5103(a)(4)(G), give priority to any eligible entity that provides a full-day kindergarten program to all kindergarten students, or to all kindergarten students from low-income families, served by the eligible entity. 5105. Performance measures Each eligible entity receiving a grant under this part shall establish, subject to approval by the Secretary, annual performance measures and targets for the programs and activities carried out under this part. Such performance measures and targets shall, at a minimum, track the eligible entity's progress in— (1) implementing the plan described in section 5104(a)(3); and (2) making progress on any other performance measure identified by the Secretary. 5106. Uses of funds (a) Use of State grant funds (1) In general Each eligible entity described in subparagraph (A) or (C) of section 5103(a)(3) that receives a grant under this part shall— (A) except as provided in paragraph (3), use not less than 50 percent of the grant funds to award subgrants under paragraph (2) to the local educational agencies that will participate in the plan for any purpose included in the eligible entity's plan described in section 5104(a)(3); and (B) use any amount of the grant not distributed under subparagraph (A) for any purpose included in the eligible entity's plan. (2) Amount of subgrants For a fiscal year, the amount of a subgrant under paragraph (1)(A) for a local educational agency that will participate in the eligible entity's plan shall bear the same relation to the amount available for all such subgrants by the eligible entity for such year, as the amount made available to the local educational agency under part A of title I for the most recent year for which such data are available bears to the total amount made available for such year to all local educational agencies selected to participate in the eligible entity's plan. (3) Exception An eligible entity described in subparagraph (A) or (C) of section 5103(a)(3) that receives a grant under this part for the goal of improving early childhood education, as described in section 5103(a)(4)(G)— (A) shall not be subject to the requirements of paragraph (1)(A); and (B) may use grant funds to award subgrants to public or private nonprofit agencies and organizations for activities consistent with any purpose included in the eligible entity's plan described in section 5104(a)(3). (b) Use of subgrant funds Each local educational agency or public or private nonprofit agency or organization that receives a subgrant under paragraph (1)(A) or (3)(B) of subsection (a) from an eligible entity shall use subgrant funds for any purpose included in the eligible entity's plan described in section 5104(a)(3), subject to any requirements of the eligible entity. (c) Use of high-need local educational agency grant funds Each eligible entity described in subparagraph (B) or (D) of section 5103(a)(3) that receives a grant under this part shall use such funds for any purpose included in the eligible entity's plan described in section 5104(a)(3). (d) Special rule (1) Limitation on use of Funds Notwithstanding any other provision of this section, grant or subgrant funds under this part shall only be used to fund a program or activity that is an allowable use of funds under another section of this Act (excluding this part and section 8007, as amended by section 8004 of the Strengthening America’s Schools Act of 2013 42 U.S.C. 9831 et seq. 42 U.S.C. 9858 et seq. (2) Limitation of Use of Funds for Early Childhood Education Programs Grant or subgrant funds under this part that are used to improve early childhood education programs shall not be used to carry out any of the following activities: (A) Assessments that provide rewards or sanctions for individual children or teachers. (B) A single assessment that is used as the primary or sole method for assessing program effectiveness. (C) Evaluating children, other than for the purposes of improving instruction, classroom environment, professional development, or parent and family engagement, or program improvement. 5107. Reporting (a) Annual report An eligible entity that receives a grant under this part shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report including, at a minimum— (1) data on the eligible entity’s progress in achieving the targets for the annual performance measures and targets established under section 5105; and (2) a description of the challenges the eligible entity has faced in implementing its program under this part, and how the eligible entity has addressed, or plans to address, such challenges. (b) Local report Each local educational agency and each public or private nonprofit agency or organization that receives a subgrant from an eligible entity under section 5106(a) shall submit to the eligible entity such information as the eligible entity may require to complete the annual report required by subsection (a). . B Investing in innovation 5201. Investing in innovation Part B of title V ( 20 U.S.C. 7221 et seq. B Investing in innovation 5201. Purposes The purposes of this part are to— (1) fund the identification, development, evaluation, and expansion of innovative, research- and evidence-based practices, programs, and strategies in order to significantly— (A) increase student academic achievement and close achievement gaps; (B) increase high school graduation rates; (C) increase college enrollment readiness and rates of college enrollment; (D) improve teacher and school leader effectiveness; and (E) improve school readiness and strengthen collaboration and coordination among elementary schools and early childhood care and education; and (2) support the rapid development, expansion, adoption, and implementation of tools and resources that improve the efficiency, effectiveness, or pace of adoption of such educational practices, programs, and strategies. 5202. Reservations (a) ARPA-ED The Secretary may reserve not more than 30 percent of the funds appropriated under section 3(u) for each fiscal year to carry out the activities of the Advanced Research Projects Agency-Education established under section 221 of the Department of Education Organization Act, except that the amount so reserved for any fiscal year shall not exceed $100,000,000. (b) National activities The Secretary may reserve not more than 5 percent of the funds appropriated under section 3(u) for any fiscal year to carry out activities of national significance. Such activities may include— (1) capacity building; (2) technical assistance; (3) dissemination of best practices developed with grant funds provided under this part; and (4) carrying out prize awards consistent with section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 (c) Availability of funds Funds for the activities described in subsection (a), and for prize awards under subsection (b)(4), shall be available until expended. 5203. Program authorized; length of grants; priorities (a) Program authorization (1) In general From amounts made available to carry out this part and not reserved under section 5202 for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities. (2) Eligible entity In this part, the term eligible entity (A) a local educational agency or a consortium of local educational agencies; or (B) a partnership between a nonprofit organization or an educational service agency and— (i) 1 or more local educational agencies; or (ii) a consortium of public schools. (b) Duration of grants The Secretary— (1) shall award grants under this part for a period of not more than 3 years; and (2) may extend such grants for an additional 2-year period if the grantee demonstrates to the Secretary that it is making significant progress on the program performance measures identified in section 5206. (c) Rural set-aside The Secretary shall ensure that not less than 22 percent of the funds awarded under subsection (a) for any fiscal year are for projects that meet both of the following requirements, except that the Secretary shall not be required to make such awards unless a sufficient number of otherwise eligible high-quality applications are received: (1) The eligible entity includes— (A) a local educational agency with an urban-centric district locale code of 32, 33, 41, 42, or 43, as determined by the Secretary; (B) a consortium of such local educational agencies; or (C) if the applicant is a partnership, an educational service agency or a nonprofit organization with demonstrated expertise in serving students from rural areas. (2) A majority of the schools to be served by the project are designated with a school locale code of 41, 42, or 43, or a combination of such codes, as determined by the Secretary, and— (A) are served by a local educational agency in which 20 percent or more of the children ages 5 through 17 years old are from families with incomes below the poverty line; (B) are served by a local educational agency in which the total number of students in average daily attendance at all of the schools served by the local educational agency is fewer than 600; or (C) are served by a local educational agency located in a county that has a total population density of fewer than 10 persons per square mile. (d) Priorities In awarding grants under this part, the Secretary shall give priority to an eligible entity that includes, in its application under section 5204, a plan to— (1) address the needs of high-need local educational agencies; (2) improve school readiness; or (3) address the unique learning needs of students who are children with disabilities or English learners. (e) Standards of evidence The Secretary shall set standards for the quality of evidence that an applicant shall provide in order to demonstrate that the activities the applicant proposes to carry out with funds under this part are likely to succeed in improving student outcomes, including, where applicable, academic achievement and graduation rates. These standards shall include the following: (1) Strong evidence that the activities proposed by the applicant will have a statistically significant effect on student outcomes. (2) Moderate evidence that the activities proposed by the applicant will improve outcomes. (3) A rationale based on research findings or a reasonable hypothesis that the activities proposed by the applicant will improve student outcomes. (f) Support for new practices, strategies, or programs (1) In general The Secretary shall ensure that not less than one-half of the funds awarded under subsection (a) for any fiscal year are for projects that— (A) meet an evidence standard described in paragraph (2) or (3) of subsection (e); and (B) do not meet the evidence standard described in paragraph (1) of such subsection. (2) Exception The Secretary shall not be required to make the awards described in paragraph (1) unless a sufficient number of otherwise eligible high-quality applications are received. 5204. Applications Each eligible entity that desires to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. At a minimum, each application shall— (1) describe the project for which the applicant is seeking a grant and how the evidence supporting that project meets the standards of evidence established by the Secretary under section 5203(e); (2) describe how the applicant will address at least 1 of the areas described in section 5205(a)(1)(A); (3) provide an estimate of the number of children that the applicant plans to serve under the proposed project, including the percentage of those children who are from low-income families; (4) demonstrate that the applicant has established 1 or more partnerships with public or private organizations and that the partner or partners will provide matching funds, except that the Secretary may waive the matching funds requirement on a case-by-case basis, upon a showing of exceptional circumstances; (5) describe the applicant’s plan for continuing the proposed project after funding under this part ends; (6) if the applicant is a local educational agency— (A) document the local educational agency’s record during the previous 3 years in— (i) increasing student achievement, including achievement for each subgroup of students described in section 1111(a)(2)(B)(x); and (ii) closing achievement gaps; and (B) demonstrate how the local educational agency has made significant improvements in other outcomes, as applicable, on the performance measures described in section 5206; (7) if the applicant is a partnership that includes a nonprofit organization or educational service agency, provide evidence that the nonprofit organization or educational service agency has helped at least 1 school or local educational agency, during the previous 3 years, significantly— (A) increase student achievement, including achievement for each subgroup of students described in section 1111(a)(2)(B)(x); and (B) close achievement gaps; (8) provide a description of the applicant’s plan for independently evaluating the effectiveness of activities carried out with funds under this part; (9) provide an assurance that the applicant will— (A) cooperate with evaluations, as requested by the Secretary; (B) make data available to third parties for validation and further study; and (C) participate in communities of practice; and (10) if the applicant is a partnership that includes a nonprofit organization or educational service agency that intends to make subgrants, consistent with section 5205(b), provide an assurance that the applicant will apply paragraphs (1) through (9), as appropriate, in its selection of subgrantees and in its oversight of those subgrants. 5205. Uses of funds (a) Uses of funds (1) Mandatory uses Each eligible entity that receives a grant under this part shall carry out the following: (A) Use the grant funds to carry out, at a minimum, 1 of the following activities: (i) Improving the effectiveness of teachers and school leaders and increasing equity in the distribution of effective teachers and school leaders. (ii) Strengthening the use of data to improve teaching and learning. (iii) Providing high-quality instruction based on college and career ready standards and measuring students’ mastery of standards using high-quality assessments aligned with those standards. (iv) Turning around the lowest-performing schools. (v) Improving school readiness for students who are low income, English learners, or children with disabilities. (vi) Other areas relating to school improvement consistent with the purposes of this part, as determined by the Secretary. (B) Use the grant funds to develop or expand strategies to improve the performance of high-need students on the applicable performance measures described in section 5206. (2) Permissive use of funds Each eligible entity that receives a grant under this part may use the grant funds for an independent evaluation, as required under section 5204(a)(8), of the innovative practice carried out with the grant. (b) Authority To subgrant (1) In general If an eligible entity that receives a grant under this part includes a nonprofit organization or educational service agency, such nonprofit organization or educational service agency may use the grant funds to award subgrants to other entities to provide support to 1 or more schools or local educational agencies. (2) Compliance with requirements of grantees Each entity awarded a subgrant under paragraph (1) shall comply with the requirements of this part relating to grantees, as appropriate. 5206. Performance measures The Secretary shall establish performance measures for the programs and activities carried out under this part. These measures, at a minimum, shall track the grantee’s progress in improving outcomes for each subgroup of students described in section 1111(a)(2)(B)(x) that is served by the grantee, including, as applicable, by— (1) increasing student achievement and decreasing achievement gaps; (2) increasing high school graduation rates; (3) increasing college readiness and rates of college enrollment; (4) improving teacher and school leader effectiveness; (5) improving school readiness; and (6) any other indicator as the Secretary or grantee may determine. 5207. Reporting An eligible entity that receives a grant under this part shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report that includes, among other things, information on the entity's progress on the performance measures established under section 5206, and the data supporting that progress. . C Magnet schools assistance 5301. Findings and purpose Section 5301 (20 U.S.C. 7231) is amended— (1) in subsection (a)— (A) by striking paragraph (2) and inserting the following: (2) The use of magnet schools has increased dramatically since the inception of the magnet schools assistance program under this Act, with more than 1,500,000 students nationwide attending such schools. ; and (B) in paragraph (4), by striking subparagraph (B) and inserting the following: (B) to ensure that all students have equitable access to a high-quality public education that will prepare them to succeed in a highly competitive economy comprised of people from many different racial and ethnic backgrounds; and ; and (2) in subsection (b)— (A) in paragraph (2)— (i) by inserting , particularly whole-school programs, magnet school programs (ii) by striking challenging State academic content standards and student academic achievement standards college and career ready State academic content standards and student academic achievement standards under section 1111(a)(1) (B) by striking paragraphs (3) and (4) and inserting the following: (3) the development and design of evidence-based educational methods and practices that promote diversity and increase high-quality public educational options; (4) courses of instruction within magnet schools that will substantially increase the college and career readiness of students attending such schools; . 5302. Program authorized Section 5303 (20 U.S.C. 7231b) is amended, in the matter preceding paragraph (1), by inserting competitive to award 5303. Applications and requirements Section 5305 (20 U.S.C. 7231d) is amended— (1) by striking subsection (b) and inserting the following: (b) Information and assurances Each application submitted under subsection (a) shall include— (1) a description of— (A) how a grant awarded under this part will be used to— (i) improve student academic achievement for all students and subgroups of students described in section 1111(a)(2)(B)(x) attending the magnet school program; and (ii) promote desegregation, including how the proposed magnet school program will increase interaction among students of different social, economic, ethnic, and racial backgrounds, including the policies, programs, and activities aimed at increasing interaction among such students; (B) (i) a description of the evidence that the magnet school program that the applicant proposes to implement would improve student academic achievement and reduce minority group isolation; or (ii) if such evidence is not available, a rationale, based on current research findings, for how the program would improve student academic achievement and reduce minority group isolation; (C) how the applicant will continue the magnet school program after assistance under this part is no longer available, and, if applicable, an explanation of why magnet schools established or supported by the applicant with grant funds under this part cannot be continued without the use of grant funds under this part; (D) how grant funds under this part will be used— (i) to improve student academic achievement for all students attending the magnet school programs; and (ii) to implement services and activities that are consistent with other programs under this Act, and other Acts, as appropriate; (E) the student application process, and selection criteria, if any, to be used by the proposed magnet school program; (F) how the applicant will conduct outreach and disseminate information about the proposed magnet school program, including the application and selection process, in a timely, clear, and accessible manner to all students and their parents and families and, to the extent practicable, in a language they can understand; and (G) how the applicant will assess, monitor, and evaluate the impact of the activities funded under this part on student academic achievement and integration; and (2) assurances that the applicant will— (A) use grant funds under this part for the purpose specified in section 5301(b); (B) employ highly rated school leaders and teachers in the courses of instruction assisted under this part; (C) not engage in discrimination based on race, religion, color, national origin, sex, or disability in— (i) the hiring, promotion, or assignment of employees of the applicant or other personnel for whom the applicant has any administrative responsibility; (ii) the assignment of students to schools, or to courses of instruction within the schools, of such applicant, except to carry out the approved plan; and (iii) designing or operating extracurricular activities for students; (D) carry out a high-quality education program that will result in greater parent and family decisionmaking and engagement; and (E) give students residing in the local attendance area of the proposed magnet school program equitable consideration for placement in the program, consistent with desegregation guidelines and the capacity of the applicant to accommodate the students. ; and (2) in subsection (c), by striking will be met are being met 5304. Priority Section 5306 ( 20 U.S.C. 7231e (1) have the highest quality applications and demonstrate the greatest need for assistance, based on the expense or difficulty of effectively carrying out approved desegregation plans and the magnet school program for which the grant is sought; (2) propose to carry out new magnet school programs, significantly revise existing magnet school programs, or significantly expand magnet school programs, in a manner that— (A) is aligned with other programs that have demonstrated a record of success in increasing student academic achievement and reducing minority group isolation; or (B) has a strong research basis for improving student academic achievement and reducing minority group isolation; (3) select, or propose to select, students to attend magnet school programs solely or primarily by lottery, rather than through academic examination or other selective enrollment methods; and (4) propose to serve the entire student population of a school. . 5305. Use of funds Section 5307 (20 U.S.C. 7231f) is amended— (1) in subsection (a), by striking paragraphs (1) through (7) and inserting the following: (1) for planning, outreach, and promotional activities directly related to the development, expansion, continuation, or enhancement of academic programs and services offered at magnet schools; (2) for the acquisition of books, educational technology, materials, and equipment necessary to conduct programs in magnet schools; (3) for— (A) the compensation, or subsidization of the compensation, of elementary school and secondary school teachers, leaders, and other instructional staff who are highly rated; and (B) high-quality professional development and staff capacity-building activities, including those designed to recruit, prepare, support, and retain highly rated school teachers, leaders, and other instructional staff; (4) with respect to a magnet school program offered to less than the entire student population of a school, for instructional activities that are designed to make available the special curriculum that is offered by the magnet school program to students who are enrolled in the school but who are not enrolled in the magnet school program; (5) for activities, which may include the formation of partnerships with public or nonprofit organizations, to help enhance the program or promote parent and family decisionmaking and engagement that will build the recipient's capacity to operate magnet school programs once the grant period has ended; (6) to enable the local educational agency, or consortium of such agencies, to have more flexibility in designing magnet schools for students in all grades; and (7) for other operational costs that cannot be met with other State or local sources. ; and (2) in subsection (b), by striking based on the State's challenging academic content standards and student academic achievement standards or directly related to improving student reading skills or knowledge of mathematics, science, history, geography, English, foreign languages, art, or music, or to improving vocational, technological, and professional skills and making sufficient academic growth 5306. Limitations Section 5309 ( 20 U.S.C. 7231h (1) in subsection (a), by striking a period that shall not exceed 3 fiscal years an initial period of not more than 3 fiscal years, and may be renewed for not more than an additional 2 years if the Secretary finds that the grantee is achieving the intended outcomes of the grant and shows improvement in increasing student academic achievement and reducing minority-group isolation, and other indicators of success established by the Secretary (2) in subsection (b)— (A) by striking 50 40 (B) by striking 15 10 5307. Evaluations Section 5310 ( 20 U.S.C. 7231i 5310. Evaluations (a) Impact of activities From the amount reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate the implementation and impact of the activities supported under this part, consistent with section 9601, including— (1) how, and the extent to which, magnet school programs lead to educational quality and improvement; (2) the extent to which magnet school programs enhance student access to a high quality education; (3) the extent to which magnet school programs lead to the elimination, reduction, or prevention of minority group isolation in elementary schools and secondary schools with substantial proportions of minority students; and (4) the extent to which magnet school programs differ from other school programs in terms of the organizational characteristics and resource allocations of such magnet school programs. (b) Dissemination The Secretary shall collect and disseminate to the general public information on successful magnet school programs. . 5308. Availability of funds for grants to agencies not previously assisted Section 5311 ( 20 U.S.C. 7231j 5311. Availability of funds for grants to agencies not previously assisted For any fiscal year for which the amount appropriated pursuant to section 3(v) exceeds $75,000,000, the Secretary shall give priority in using such amounts in excess of $75,000,000 to awarding grants to local educational agencies or consortia of such agencies that did not receive a grant under this part for the preceding fiscal year. . D Public charter schools 5401. Public charter schools Part D of title V (20 U.S.C. 7241 et seq.) is amended to read as follows: D Public charter schools 5401. Purpose The purpose of this part is to support the creation, expansion, and replication of high-performing charter schools that serve the needs and increase the academic achievement of all students. 5402. Distribution of funds From the funds appropriated to carry out this part for a fiscal year— (1) 85 percent shall be available to carry out subpart 1; and (2) 15 percent shall be available to carry out subpart 2. 1 Successful charter schools program 5411. Definitions In this subpart: (1) Charter School The term charter school (A) is governed by a separate and independent board that exercises authority over 1 or more schools, including authority in the areas of governance, personnel, budget, schedule, and instructional program; (B) has ongoing, significant autonomy in the areas of— (i) the hiring, replacement, and salaries of the school staff; (ii) the school budget; (iii) scheduling formats for the school day and school year; (iv) the instructional programs of the school, including instructional models and curricula; and (v) the management and daily operation of the school; (C) in accordance with a specific State statute authorizing the granting of charters to schools, is exempt from significant State or local rules that inhibit the flexible operation and management of public schools, but not from any rules relating to the other requirements of this paragraph; (D) is created by a developer as a public school, or is adapted by a developer from an existing public school, and is operated under public supervision and direction; (E) operates in pursuit of a specific set of educational objectives determined by the school’s developer and agreed to by the charter school authorizer; (F) provides 1 or more programs of elementary education, secondary education, or both, including early childhood education, and may also provide adult education, in accordance with State law; (G) is nonsectarian in its programs, admissions policies, employment practices, and all other operations, and is not affiliated with a sectarian school or religious institution; (H) does not charge tuition; (I) complies with the Age Discrimination Act of 1975 ( 42 U.S.C. 6101 et seq. 42 U.S.C. 2000d et seq. 20 U.S.C. 1681 et seq. 29 U.S.C. 794 42 U.S.C. 12131 et seq. (J) is a school to which parents choose to send their children, and that admits students on the basis of a lottery if more students apply for admission than can be accommodated, except as modified by the Secretary by regulation in accordance with clause (iv) or (v) of section 1116(d)(4)(B); (K) complies with the same Federal and State audit requirements as do other elementary schools, secondary schools, and early childhood education programs and adult education programs, as applicable, in the State, unless such requirements are specifically waived for the purpose of this program; (L) meets all applicable Federal, State, and local health and safety requirements; (M) operates in accordance with State law; and (N) has a written performance contract with a charter school authorizer that includes— (i) a description of how student performance will be measured on the basis of— (I) State assessments that are required of other public schools; and (II) any other assessments that are mutually agreeable to the charter school authorizer and the charter school; (ii) a requirement that student academic achievement and growth, consistent with section 1111, for the students enrolled at the school as a whole and for each subgroup described in section 1111(a)(3)(D) will be used as a primary factor in decisions about the renewal or revocation of the charter, in addition to other criteria, as appropriate; (iii) the student academic achievement and growth, consistent with section 1111, and student retention goals, and, in the case of a high school, graduation rate goals for the students enrolled at the school as a whole and for each subgroup described in section 1111(a)(3)(D), and any other goals to be achieved by the end of the contract period; (iv) the obligations and responsibilities of the charter school and the charter school authorizer; and (v) a description of the autonomy that will be granted to the charter school in each area described under subparagraph (B). (2) Charter School Authorizer The term charter school authorizer (3) Developer The term developer (A) has applied for, or been granted, a charter for a charter school; or (B) has received authorization to start a charter school. (4) Eligible Entity The term eligible entity (A) a State educational agency; (B) a local educational agency, except a charter school that is considered a local educational agency under State law; (C) a charter school authorizer; or (D) a charter management organization. (5) Expand The term expand (6) High-performing charter school The term high-performing charter school (A) in the case of a charter school that was not open or did not enroll students in the preceding school year, a charter school that has a written performance contract with a charter school authorizer that includes, for the students enrolled at the school as a whole and for each subgroup described in section 1111(a)(3)(D) for the most recent year for which such data are available— (i) student academic achievement and growth goals (as measured, in the case of a charter school that is an elementary school or secondary school, by performance on the statewide academic assessments required under section 1111(a)(2) and individual academic growth, consistent with section 1111(a)) that are higher than the average student academic achievement and growth results, consistent with section 1111, in demographically similar schools in the State; (ii) student retention goals that are similar to, or greater than, the average student retention rates in demographically similar schools in the State; and (iii) if the charter school is a high school, goals for graduation rates, rates of student enrollment at institutions of higher education, and rates of student persistence at institutions of higher education that are higher than such average rates in demographically similar schools in the State; or (B) in the case of a charter school that was open and enrolled students for the preceding school year, a charter school that has, for the students enrolled at the school as a whole and for each subgroup described in section 1111(a)(3)(D) for the most recent year for which such data are available— (i) student academic achievement and growth results (as measured, in the case of a charter school that is an elementary school or secondary school, by performance on the statewide academic assessments required under section 1111(a)(2) and individual academic growth, consistent with section 1111) that are significantly higher than the average student academic achievement and growth results, consistent with section 1111, in demographically similar schools in the State; (ii) student retention rates that are similar to or higher than the average student retention rates in demographically similar schools in the State; and (iii) if the school is a high school, higher graduation rates, rates of student enrollment at institutions of higher education, and rates of student persistence at institutions of higher education than such average rates in demographically similar schools in the State. (7) Replicate The term replicate 5412. Program authorized (a) In general From the amount available to carry out this subpart, the Secretary shall award grants, on a competitive basis, to eligible entities to enable such eligible entities to award subgrants to developers to create, expand, or replicate 1 or more high-performing charter schools, including through conversion of an existing public school into a charter school. (b) Allocations The Secretary shall use not less than 25 percent of funds to award grants to eligible entities described in 5411(4)(A). (c) Considerations In awarding grants under this subpart, the Secretary shall consider— (1) the geographic diversity of the eligible entities, including the distribution of grants among urban, suburban, and rural areas; and (2) the number of eligible entities in a State that are receiving grants under this subpart in any fiscal year. (d) Grant amount (1) In determining the amount of each grant to be awarded under subsection (a), the Secretary shall consider— (A) the number of operating charter schools under the jurisdiction or in the service area of the eligible entity; (B) to the extent practicable, the number of students, including students on charter school waiting lists, that will be served by high-performing charter schools that receive funds under this subpart; and (C) the amount of funds that is needed to implement the activities described in the approved application. (e) Duration (1) In general Each grant awarded under this subpart shall be for an initial period of not more than 3 years. (2) Renewal The Secretary may renew a grant awarded under this subpart for an additional period of not more than 2 years, if the eligible entity is achieving the objectives of the grant and has shown improvement on the performance measures and targets described in section 5417(a). (f) Limitations (1) Grants An eligible entity described under subparagraph (A) of section 5411(4) may not receive more than 1 grant at a time under this section. (2) Subgrants A developer may not receive more than 1 grant or subgrant at a time under this section. (g) Reservations (1) Administrative Expenses An eligible entity that receives a grant under this subpart may use not more than a total of 5 percent of grant funds for administrative expenses associated with the grant, including for improvement of the eligible entity’s oversight or management of charter schools. (2) Improving authorizer quality An eligible entity described in subparagraph (A), (B), or (C) of section 5411(4) shall use 5 percent of grant funds for improving authorizer quality, including charter school oversight and monitoring systems and procedures for revoking or not renewing charters. (h) Waiver The Secretary may waive a statutory or regulatory requirement over which the Secretary exercises administrative authority, except a requirement described in section 5411(1), if— (1) the waiver is requested in an approved application under this subpart; and (2) the Secretary determines that granting the waiver will promote the purpose of this subpart. 5413. Applications (a) In general Each eligible entity desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. (b) Contents (1) Eligible entities At a minimum, the application described in subsection (a) shall include a description of— (A) how the eligible entity will use grant funds to create, expand, or replicate 1 or more high-performing charter schools; (B) the need for the high-performing charter schools that the eligible entity seeks to support, including information that demonstrates the interest of parents and communities in increasing charter school enrollment capacity, such as the number of students who are on waiting lists for charter schools under the jurisdiction of the eligible entity; (C) the performance measures the eligible entity will use to measure outcomes; (D) how the eligible entity will provide information and support to parents, families, and students regarding the available charter school options in a simple, clear, and easily accessible format and, to the extent practicable, in a language that such parents, families, and students can understand; (E) how the eligible entity will coordinate the grant funds received under this subpart with other Federal, State, and local funds; (F) how the eligible entity will ensure that each charter school within such eligible entity's jurisdiction or service area— (i) meets the requirements of section 5411(1); and (ii) provides equitable access and effectively serves the needs of all students, including children with disabilities and English learners, and implements outreach and recruitment practices that include families of such students; (G) how the eligible entity will award subgrants to developers, on a competitive basis and through a high-quality review process, including a description of the subgrant application; (H) how the eligible entity will target subgrants to high-performing charter schools that plan to serve students who attend schools that have been identified through the State accountability and improvement system described in section 1116; (I) the eligible entity's record, if applicable, of success in creating, expanding, replicating, managing, and overseeing high-performing charter schools, and closing unsuccessful schools; (J) how the eligible entity will hold charter schools within such eligible entity's jurisdiction accountable if such schools do not meet the objectives specified in the performance contract described in section 5411(1)(N), including by closing unsuccessful schools; and (K) how charter school authorizers are approved, monitored, held accountable for establishing rigorous standards, periodically reviewed, and re-approved in the State in which the eligible entity operates, based on the performance of the charter schools that such charter school authorizers authorize, including in the areas of student safety, financial management, and compliance with all applicable statutes and regulations. (2) State educational agencies Each eligible entity described in section 5411(4)(A) shall include in the application described in paragraph (1) (in addition to the requirements of such paragraph), the following: (A) A description of the State’s laws, policies, or procedures, if applicable, that address— (i) how decisions are made to close unsuccessful charter schools, and how student academic achievement and growth, consistent with section 1111, for all students and for each subgroup of students described in section 1111(a)(3)(D), is a primary factor in such decisions; (ii) how charter schools are monitored and held accountable for— (I) meeting the requirements described in section 5411(1); and (II) providing equitable access and effectively serving the needs of all students, including students with disabilities and English learners; and (iii) how a charter school that is considered a local educational agency under State law, or a local educational agency in which a charter school is located, will comply with subsections (a)(5) and (e)(1)(B) of section 613 of the Individuals with Disabilities Education Act. (B) Information about the eligible entity’s record of funding charter schools, including funding charter school facilities. (C) Information about the number of charter schools in the State that— (i) have been closed or have had charters revoked or not renewed in the preceding 5-year period, and the reasons for such closures, revocations, or nonrenewals; (ii) have been identified, through the State accountability and improvement system, as focus schools or priority schools under subsection (c) or (d) of section 1116 in the preceding 5-year period; (iii) have met objectives specified in the performance contract described in section 5411(1)(N); and (iv) the charter school authorizer has authorized that are high-performing charter schools, and the percentage of such charter schools as compared to the total number of charter schools that the charter school authorizer has authorized. (3) Local educational agencies Each eligible entity described in section 5411(4)(B) shall include in the application described in paragraph (1) (in addition to the requirements described in such paragraph), a description of the eligible entity’s policies and procedures for— (A) ensuring that charter schools under the jurisdiction of such eligible entity have equitable access to school facilities and school facilities financing; (B) complying with subsections (a)(5) and (e)(1)(B) of section 613 of the Individuals with Disabilities Education Act; and (C) supporting public school choice. (4) Charter school authorizers Each eligible entity described in section 5411(4)(C) shall include in the application described in paragraph (1) (in addition to the requirements of such paragraph), the following: (A) A demonstration that the eligible entity has explicit and clear policies and procedures in place for the approval, monitoring, renewal, and closure of charter schools, and an assurance that such policies and procedures make student academic achievement and growth, consistent with section 1111, for all students and for each subgroup of students described in section 1111(a)(3)(D), a primary factor in such decisions. (B) A description of how the eligible entity will make publicly available (in a clear and uniform format, a timely manner, and a form that is easily accessible, and, to the extent practicable, in a language that families and students can understand)— (i) information about the criteria and procedures for granting, denying, revoking, and renewing charters for charter schools; and (ii) the results of decisions relating to the granting, denial, revocation, and renewal of charters for charter schools, including performance data and other relevant information on which each decision is based. (C) Information about the number of charter schools that the charter school authorizer has authorized in each of the following categories: (i) Charter schools that have been closed or have had charters revoked or not renewed by the eligible entity in the preceding 5-year period, and the reasons for such closures, revocations, or nonrenewals. (ii) Charter schools that have been identified as focus schools or priority schools under subsection (c) or (d) of section 1116 through the State accountability and improvement system. (iii) Charter schools that have met objectives specified in the performance contract described in section 5411(1)(N). (iv) Charter schools that are high-performing charter schools, and the percentage of such charter schools as compared to the total number of charter schools that the charter school authorizer has authorized. (5) Charter management organizations Each eligible entity described in section 5411(4)(D) shall include in the application described in paragraph (1) (in addition to the requirements of such paragraph), a description of— (A) the qualifications of such eligible entity's management team; and (B) a multi-year financial and operating model for each of the high-performing charter schools that such eligible entity will create, expand, or replicate under the grant. (6) Special rule In the case of a developer that plans to open a charter school in a jurisdiction or service area where no eligible entity will be awarding subgrants under this subpart for the fiscal year for which the developer applies, the Secretary may award a grant to such developer if such developer has an approved application that includes the requirements described in subparagraphs (A) through (F) of paragraph (1) and paragraph (5). The requirements of subsections (b) and (c) of section 5416 and section 5417(c) shall apply to a developer receiving a grant under this paragraph in the same manner as such sections apply to a developer receiving a subgrant under section 5416, except that the developer shall submit the data under section 5417(c) directly to the Secretary. 5414. Selection criteria; priority (a) Selection Criteria (1) In General In awarding grants to eligible entities under this subpart, the Secretary shall consider— (A) the quality of the eligible entity's application; (B) the eligible entity’s record, if applicable, of success in creating, expanding, replicating, managing, and overseeing high-performing charter schools; (C) the eligible entity’s record of discontinuing funding or closing low-performing charter schools, including, as applicable, by revoking or not renewing the charters of such charter schools, and the eligible entity’s commitment to discontinuing funding or closing low-performing charter schools in the future; (D) the extent to which the eligible entity demonstrates that such eligible entity will award subgrants targeted to serving students who attend schools that have been identified as focus schools or priority schools under subsection (c) or (d) of section 1116 through the State accountability and improvement system; (E) the quality of the eligible entity’s plan for supporting subgrant recipients, through such activities as technical assistance, directly or through grants, contracts, or cooperative agreements, in order to— (i) improve student academic achievement and growth, consistent with section 1111, for all students and for each subgroup of students described in section 1111(a)(3)(D); and (ii) promote effective outreach to, and recruitment of, students who are children with disabilities and students who are English learners, and the parents and families of such students; and (F) the extent to which the State in which the eligible entity operates provides for and enforces high-quality standards for charter school authorizers, including by establishing standards for rigorous and periodic reviews. (2) State Educational Agencies In the case of an applicant that is an eligible entity described in section 5411(4)(A), in addition to the elements described in paragraph (1), the Secretary shall also consider the extent to which such eligible entity— (A) ensures that charter schools receive equitable funding compared to other public schools in the State, and a commensurate share of Federal, State, and local revenues compared to public schools in the State, including equitable State funding to support early childhood education programs operated by charter schools in the State, in accordance with State law; and (B) provides charter schools with equitable access to funds for facilities (which may include funds for leasing or purchasing facilities or for making tenant improvements), assistance for facilities acquisition, access to public facilities, the ability to share in the proceeds of bonds and levies, or other support related to facilities. (3) Local educational agencies In the case of an applicant that is an eligible entity described in section 5411(4)(B) (except for a charter school that is considered a local educational agency under State law), in addition to the elements described in paragraph (1), the Secretary shall also consider— (A) if charter schools are operating within the area served by such eligible entity, the extent to which the eligible entity has policies and procedures in place to ensure that— (i) charter schools have equitable access to school facilities; or (ii) charter schools are not denied access to available public school facilities; and (B) the extent to which the eligible entity demonstrates support for public school choice. (4) Charter School Authorizers In the case of an applicant that is an eligible entity described in section 5411(4)(C), in addition to the elements described in paragraph (1), the Secretary shall also consider the eligible entity’s record of success in authorizing and supporting high-performing charter schools. (5) Charter management organizations In the case of an applicant that is an eligible entity described in section 5411(4)(D), in addition to the elements described in paragraph (1), as applicable, the Secretary shall also consider— (A) the quality of the eligible entity’s management team; and (B) the quality and sustainability of the eligible entity’s multi-year financial and operating model. (b) Priority (1) Students from low-income families In awarding grants under this subpart, the Secretary shall give priority to eligible entities that propose to create, expand, or replicate high-performing charter schools that plan to enroll a large percentage of students from low-income families. (2) Diversity In awarding grants under this subpart, the Secretary may give priority to eligible entities that propose to create, expand, or replicate a high-performing charter school that will have a diverse student population. (3) State educational agencies In the case of an applicant that is an eligible entity described in section 5411(4)(A), the Secretary shall give priority to such eligible entities— (A) from States that do not have a law that prohibits, or effectively inhibits, increasing the number of high-performing charter schools in the State; (B) from States that— (i) provide for, and adequately support, 2 or more charter school authorizers, of which not less than 1 is a statewide charter school authorizer; or (ii) in the case of States in which local educational agencies are the only charter school authorizers, from States that— (I) allow for an appeals process through which developers have an opportunity to appeal a denial to another authorizer that will issue a final determination regarding whether or not to grant the developer a charter; and (II) require charter school authorizers to indicate an affirmative interest in serving as charter school authorizers; and (C) that have a policy or procedure in place that ensures that— (i) charter schools are reauthorized or have their charter renewed not less than once every 5 years; and (ii) charter schools submit independently audited financial statements to the authorizer. 5415. Uses of funds (a) Required uses of funds Each eligible entity receiving a grant under section 5412(a) shall— (1) use not less than 95 percent of the remaining grant funds, after the reservations made under section 5412(g), to award subgrants to 1 or more developers, as described in section 5416, to enable such developers to create, expand, or replicate 1 or more high-performing charter schools (which may include opening new schools or converting existing schools into charter schools) in the area served by the eligible entity or under the jurisdiction of the eligible entity; (2) in awarding subgrants, give priority to developers that propose to create, expand, or replicate a high-performing charter school in which a large percentage of the students enrolled are from low-income families; (3) provide developers who are receiving a subgrant with support and technical assistance in— (A) improving student academic achievement and growth, consistent with section 1111; (B) effectively serving the needs of all students, including students who are children with disabilities and students who are English learners; and (C) implementing outreach and recruitment practices that includes families of students who are children with disabilities and English learners; (4) directly, or through a partnership with a nonprofit organization (such as a community-based organization), develop and implement parent, family, and student information, outreach, and recruitment programs to provide information and support to parents, families, and students about the public school choice options available to them, including students who are children with disabilities and students who are English learners, in a simple, clear, and easily accessible format and, to the extent practicable, in a language that such parents, families, and students can understand. (b) Permissible use of funds Each eligible entity receiving a grant under section 5412(a) may use not more than 2.5 percent of grant funds to disseminate information to public schools in the eligible entity's jurisdiction or service area about lessons learned through the grant activities, in order to— (1) successfully address the education needs of all students, including students who are children with disabilities and students who are English learners; and (2) replicate high-performing charter school models. 5416. Subgrants (a) Applications Each developer that desires to receive a subgrant under this subpart shall submit an application to the appropriate eligible entity at such time, in such form, and including such information and assurances as the eligible entity may reasonably require, which shall include the information required under subparagraphs (A) through (F) of paragraph (1) and paragraph (5) of section 5413(b). (b) Use of funds A developer that receives a subgrant under this subpart shall use such subgrant funds to create, expand, or replicate 1 or more high-performing charter schools, which may include carrying out the following activities: (1) If necessary, carrying out not more than 12 months of planning and program design, unless such developer demonstrates the need for an additional planning period of not more than 3 months. (2) Recruiting and providing preparation, induction, and professional development for teachers, school leaders, and other staff who will work in a charter school that is supported by the developer. (3) Acquiring necessary equipment, supplies, and educational materials, including curricula, assessments, and instructional materials. (4) Professional development and implementation of systems for the delivery of appropriate services for students who are children with disabilities and students who are English learners, including through centralizing, purchasing, or sharing the provision of such services with other organizations. (5) Develop transportation systems to provide transportation to students to and from the school. (6) Paying operational costs for a charter school that cannot be met through State or local funding sources. (7) Directly, or through a partnership with a nonprofit organization (including a community-based organization), developing and implementing parent, family, and student information and outreach programs to provide information and support to parents, families, and students about each charter school, in a simple, clear, and easily accessible format and, to the extent practicable, in a language that the parents, families, and students can understand. (8) Developing and implementing effective outreach and recruitment strategies to inform families of students who are children with disabilities and students who are English learners about the charter school, the charter school admissions process, and the charter school's plan to effectively provide appropriate educational and related services to such students. (9) Evaluating and disseminating information, including through technical assistance, about the effectiveness of the activities supported by the subgrant. (c) Limitations Not more than 1 percent of subgrant funds may be used to carry out the activities described in subsection (b)(9). 5417. Performance measures; reports (a) Performance Measures and Targets Each eligible entity receiving a grant under this subpart shall establish performance measures and annual targets, approved by the Secretary, for the charter schools that are created, expanded, or replicated with funds provided through a grant or subgrant under this subpart. Such measures and targets shall include, at a minimum, in the aggregate and disaggregated by each subgroup of students described in section 1111(a)(3)(D)— (1) the number of students enrolled in each charter school; (2) the number of students enrolled in each high-performing charter school; (3) the number of students enrolled in each high-performing charter school who were formerly attending a school that has been identified as a focus school or priority school under subsection (c) or (d) of section 1116 through the State accountability and improvement system; (4) student academic achievement and growth, consistent with section 1111, including, if applicable, performance on the State academic assessments required under section 1111(a)(2), and student growth consistent with section 1111; (5) student retention rates; (6) in the case of a public charter school that is a high school, student graduation rates, and student rates of enrollment and persistence in institutions of higher education; and (7) other measures required by the Secretary. (b) Reports Each eligible entity receiving a grant under this subpart shall annually prepare and submit a report to the Secretary containing the information described under subsection (a). (c) Developers Each developer receiving a subgrant under this subpart from an eligible entity shall provide the eligible entity with the data necessary to comply with the requirements of this section. 5418. Federal formula allocation during first year and for successive enrollment expansions (a) In general For purposes of the allocation to schools by the States or their agencies of funds under part A of title I, and any other Federal funds which the Secretary allocates to States on a formula basis, the Secretary and each State educational agency shall take such measures as are necessary to ensure that every charter school receives the Federal funding for which the charter school is eligible not later than 5 months after the charter school first opens, notwithstanding the fact that the identity and characteristics of the students enrolling in that charter school are not fully and completely determined until that charter school actually opens. The measures similarly shall ensure that every charter school expanding its enrollment in any subsequent year of operation receives the Federal funding for which the charter school is eligible not later than 5 months after such expansion. (b) Adjustment and late openings (1) In general The measures described in subsection (a) shall include provision for appropriate adjustments, through recovery of funds or reduction of payments for the succeeding year, in cases where payments made to a charter school on the basis of estimated or projected enrollment data exceed the amounts that the school is eligible to receive on the basis of actual or final enrollment data. (2) Rule For charter schools that first open after November 1 of any academic year, the State, in accordance with guidance provided by the Secretary and applicable Federal statutes and regulations, shall ensure that such charter schools that are eligible for the funds described in subsection (a) for such academic year have a full and fair opportunity to receive those funds during the charter schools' first year of operation. 5419. Records transfer State educational agencies and local educational agencies receiving funds under part A of title I or any other Federal funds from the Secretary, shall, in the most timely manner possible and to the extent practicable, ensure that a student's records and, if applicable, a student's individualized education program as defined in section 602 of the Individuals with Disabilities Education Act, are transferred to a charter school upon the transfer of the student to the charter school, and to another public school upon the transfer of the student from a charter school to another public school, in accordance with applicable State law. 5420. National activities From funds made available under this subpart for each fiscal year, the Secretary may reserve not more than 5 percent for national activities to carry out (directly or through grants, contracts that use a competitive bidding process, or cooperative agreements) research, development, data collection, technical assistance, outreach, and dissemination activities, including— (1) research, technical assistance, and other activities to assist eligible entities receiving a grant under this subpart, and other eligible entities in improving the entity's capacity to— (A) create, expand, replicate, operate, or support high-performing charter schools that meet the needs of, and improve the outcomes for, all students, including students who are children with disabilities and students who are English learners; (B) support charter school authorizers to improve quality through the adoption of research-based policies and procedures and increased capacity; and (C) work to turn around schools that have been identified as focus schools or priority schools under subsection (c) or (d) of section 1116 through the State accountability and improvement system; (2) providing for the research and dissemination of information about specific charter school models and program characteristics for which there is strong evidence of a significant impact on improving student academic achievement and growth, consistent with section 1111, for all students, including students who are children with disabilities and English learners; (3) developing and implementing activities that help parents, families, students, and the community identify and access high-performing charter schools; (4) providing for the collection of information regarding the financial resources available to charter schools (including access to private capital) and widely disseminating to charter schools any such relevant information and model descriptions of successful programs; and (5) carrying out other related activities. 2 Charter school facility acquisition, construction, and renovation 5431. Purpose The purpose of this subpart is to provide grants to eligible entities to improve access to facilities and facilities financing for high-performing charter schools and assist such schools to address the cost of acquiring, constructing, and renovating facilities. 5432. Definitions In this subpart: (1) Eligible entity The term eligible entity (A) a State educational agency; (B) a local educational agency, except a charter school that is considered a local educational agency under State law; (C) a nonprofit entity; (D) a State financing authority; or (E) a consortium of entities described in any of subparagraphs (A) through (D). (2) High-performing charter school The term high-performing charter school (3) Per-Pupil Facilities Aid Program The term per-pupil facilities aid program (A) that is specified in State law; (B) that provides annual financing, on a per-pupil basis, for charter school facilities; and (C) in which a State makes payments, on a per-pupil basis, to charter schools to provide such schools with financing— (i) that is dedicated solely for funding charter school facilities; or (ii) a portion of which is dedicated for funding charter school facilities. 5433. Grants to eligible entities (a) Credit enhancement grants The Secretary shall use not less than 65 percent of the amount available to carry out this subpart to award grants on a competitive basis to eligible entities to enable such eligible entities to demonstrate innovative credit enhancement methods of assisting high-performing charter schools to access private sector capital to address the cost of acquiring, constructing, and renovating facilities by enhancing the availability of loans or bond financing. (b) Other facilities grants The Secretary shall use the remainder of the amount available to carry out this subpart to award grants on a competitive basis to eligible entities to— (1) improve access to facilities and facilities financing for high-performing charter schools, through methods that may include— (A) leveraging State and local facilities funds, including the cost of implementing school bond programs that include high-performing charter schools; (B) implementing open-facilities-access programs or making available renovated or adapted space for high-performing charter schools; and (C) assisting with constructing or improving, at low cost, facilities for high-performing charter schools through innovative methods; and (2) support an eligible entity described in section 5432(1)(A) in the establishment, enhancement, and administration of a per-pupil facilities aid program through Federal payments that shall be not more than— (A) 90 percent of the cost, for the first fiscal year for which the program receives assistance under this subsection; (B) 80 percent in the second such year; (C) 60 percent in the third such year; (D) 40 percent in the fourth such year; and (E) 20 percent in the fifth such year. (c) State Share of Per-Pupil Facilities Aid Program A State receiving a grant under subsection (b)(2) may partner with 1 or more organizations to provide not more than 50 percent of the State share of the cost of establishing, enhancing, or administering the per-pupil facilities aid program. (d) Grant amount In determining the amount of each grant to be awarded under this subpart, the Secretary shall consider— (1) the quality of the application submitted under section 5435; (2) the number of students that are served or may be served by high-performing charter schools that would receive assistance under the grant program; and (3) the amount of funds that is needed to implement the activities described in the approved application. (e) Supplement not supplant Funds made available under this section shall be used to supplement, and not supplant, State and local public funds expended to provide programs for charter schools. 5434. Charter school objectives An eligible entity receiving a grant under this subpart shall use the funds to assist 1 or more high-performing charter schools to accomplish 1 or both of the following objectives: (1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue the operation of a charter school. (2) The construction of new facilities, or the renovation, repair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school. 5435. Applications; selection criteria (a) In general Each eligible entity desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. (b) Contents An application submitted under subsection (a) shall include— (1) a description of the activities that the eligible entity proposes to carry out using funds received under this subpart; (2) a demonstration that the eligible entity will consider the quality of a charter school when determining— (A) which charter schools will receive assistance under this subpart; (B) how much grant assistance will be provided to each charter school; and (C) the type of assistance that each charter school will receive; (3) a description of the eligible entity’s record of successfully carrying out the activities that such eligible entity proposes to carry out; (4) if applicable, the eligible entity’s record of leveraging private-sector funding and a description of how the proposed activities will leverage the maximum amount of private-sector financing capital relative to the amount of government funding; (5) an explanation of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success of a charter school for which facilities financing is sought; (6) in the case of an application submitted by an eligible entity that includes 1 or more State or local educational agencies, a description of the agency's policies and procedures for ensuring that charter schools have equitable access to school facilities; and (7) such other information as the Secretary may reasonably require. (c) Selection Criteria In awarding grants under this subpart, the Secretary shall consider— (1) the quality of the eligible entity's application; (2) the extent to which the eligible entity proposes to support high-performing charter schools that plan to enroll a large percentage of students from low-income families; (3) the extent to which the eligible entity proposes to support high-performing charter schools that plan to enroll a large percentage of students who attend schools that have been identified as focus schools or priority schools under subsection (c) or (d) of section 1116 through the State accountability and improvement system; (4) the geographic diversity of the eligible entities, including the distribution of grants between urban and rural areas; and (5) the number of eligible entities in a State that are receiving grants under this subpart in any fiscal year. 5436. Reserve account (a) Use of funds To assist charter schools with addressing the cost of acquiring, constructing, and renovating facilities and accessing facilities and facilities financing, an eligible entity receiving a grant under section 5433(a) shall, in accordance with State and local law, directly or indirectly, alone or in collaboration with others, deposit the funds received under this subpart (other than funds used for administrative costs in accordance with section 5437) in a reserve account established and maintained by the eligible entity for this purpose. Amounts deposited in such account shall be used by the eligible entity for 1 or more of the following purposes: (1) Guaranteeing, insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests therein, the proceeds of which are used for an objective described in section 5434. (2) Guaranteeing and insuring leases of personal and real property for an objective described in section 5434. (3) Facilitating financing by identifying potential lending sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of, charter schools. (4) Facilitating the issuance of bonds by charter schools, or by other public entities for the benefit of charter schools, by providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue). (b) Investment Funds received under this subpart and deposited in the reserve account established under subsection (a) shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities. (c) Reinvestment of earnings Any earnings on funds received under this subpart shall be deposited in the reserve account established under subsection (a) and used in accordance with such subsection. 5437. Limitation on administrative costs An eligible entity may use not more than 2.5 percent of the funds received under this subpart for the administrative costs of carrying out the eligible entity's responsibilities under this subpart. 5438. Audits and reports (a) Financial record maintenance and audit The financial records of each eligible entity receiving a grant under this subpart shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an independent public accountant. (b) Reports (1) Grantee annual reports Each eligible entity receiving a grant under this subpart annually shall submit to the Secretary a report of the eligible entity's operations and activities under this subpart. (2) Contents Each annual report submitted under paragraph (1) shall include— (A) a copy of the most recent financial statements, and any accompanying opinion on such statements, prepared by the independent public accountant reviewing the financial records of the eligible entity; (B) a copy of any report made on an audit of the financial records of the eligible entity that was conducted under subsection (a) during the reporting period; (C) if applicable, an evaluation by the eligible entity of the effectiveness of the eligible entity's use of the Federal funds provided under this subpart in leveraging private funds; (D) a listing and description of the charter schools served during the reporting period and the performance of such charter schools in increasing student achievement and growth, consistent with section 1111; (E) a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in section 5434; and (F) a description of the characteristics of lenders and other financial institutions participating in the activities undertaken by the eligible entity under this subpart during the reporting period, if applicable. (3) Secretarial report The Secretary shall review the reports submitted under paragraph (1) and shall provide a comprehensive annual report to Congress on the activities conducted under this subpart. 5439. No full faith and credit for grantee obligations No financial obligation of an eligible entity entered into pursuant to this subpart (such as an obligation under a guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit of the United States is not pledged to the payment of funds which may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this subpart. 5440. Recovery of funds (a) In general The Secretary, in accordance with chapter 37 (1) all of the funds in a reserve account established by an eligible entity under section 5436(a) if the Secretary determines, not earlier than 2 years after the date on which the eligible entity first received funds under this subpart, that the eligible entity has failed to make substantial progress in carrying out the purposes described in such section; or (2) all or a portion of the funds in a reserve account established by an eligible entity under section 5436(a) if the Secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such account to accomplish any purpose described in such section. (b) Exercise of authority The Secretary shall not exercise the authority provided in subsection (a) to collect from any eligible entity any funds that are being properly used to achieve 1 or more of the purposes described in section 5436(a). (c) Procedures The provisions of sections 451, 452, and 458 of the General Education Provisions Act shall apply to the recovery of funds under subsection (a). (d) Construction This section shall not be construed to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act. . E Voluntary public school choice 5501. Voluntary public school choice Title V (20 U.S.C. 7201 et seq.) is further amended by adding at the end the following: E Voluntary public school choice programs 5501. Grants (a) Authorization From funds made available to carry out this part, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the entities to establish or expand a program of public school choice (referred to in this part as a program (b) Duration Grants awarded under subsection (a) may be awarded for a period of 3 years and may be renewed for not more than an additional 2 years if the Secretary finds that the grantee is achieving the objectives of the grant. 5502. Uses of funds (a) Required use of funds An eligible entity that receives a grant under this part shall use the grant funds to establish or expand inter- or intra-district public school choice programs for students attending the lowest-performing schools that enable those students to attend high-quality public elementary schools and secondary schools, including charter schools. (b) Permissible uses of funds An eligible entity that receives a grant under this part may use the grant funds for— (1) planning or designing a program (for not more than 1 year); (2) transportation services to and from high-quality schools for participating students; (3) improving public school finance systems to allow school funding to follow students, including tuition transfer payments to high-quality public elementary schools or secondary schools to which students transfer under the program; (4) capacity-enhancing activities that enable high-quality public elementary schools or secondary schools to accommodate transfer requests under the program; (5) public education and recruitment campaigns to inform students attending the lowest-performing schools and their parents about the program and to facilitate their participation; and (6) other costs reasonably necessary to implement the program, such as the development of lottery systems. (c) Nonpermissible uses of funds An eligible entity that receives a grant under this part may not use the grant funds for school construction. (d) Administrative expenses The eligible entity may use not more than 5 percent of the funds made available through a grant under this part for any fiscal year for administrative expenses. 5503. Applications (a) Submission An eligible entity that desires a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents An application submitted under subsection (a) shall include a comprehensive plan that describes— (1) the activities to be carried out; (2) how the activities— (A) will increase access to high-quality schools for students attending the lowest-performing schools; (B) will increase the student academic achievement and student academic growth of students participating in the grant activities, including English learners and students with disabilities; and (C) if applicable, will increase diversity within a school or local educational agency; (3) how students will be selected to participate in grant activities, including the design and implementation of a lottery system if the program is oversubscribed, and how students and parents will be informed of their opportunity to participate; (4) how the program will be coordinated with and leverage other related Federal and non-Federal funding and programs; (5) how the applicant will continue to implement the plan after the period of the grant has expired; (6) if the activities required under section 5505(a)(2) are to be carried out in partnership with a public or other nonprofit organization, a description of the organization’s experience, capacity, responsibilities, and how the eligible entity will monitor the public or other nonprofit organization’s effectiveness in carrying out such activities; and (7) such other information as the Secretary may require. (c) Selection criteria In selecting grantees under this part, the Secretary shall consider— (1) the quality of the applicant’s comprehensive plan; (2) the extent to which the applicant can demonstrate that its grant activities will increase student academic achievement and student academic growth for students participating in the grant activities, including English learners and students who are children with disabilities; and (3) the extent to which the applicant can demonstrate that its grant activities will ensure that parents and students are informed of the program, in a clear and uniform format and, to the extent practicable, in a language that the parents and students can understand, to increase the likelihood that parents will have their children participate in the grantee's program. 5504. Priorities In awarding grants under this part, the Secretary shall give priority to an eligible entity that proposes to— (1) establish or expand an inter-district choice program that serves a large percentage of students from low-income families; and (2) establish or expand a program that will increase diversity. 5505. Requirements and voluntary participation (a) Parent and community involvement and notice In carrying out a program under this part, an eligible entity shall carry out the following: (1) Develop the program with— (A) the involvement of parents and other education stakeholders in the community to be served; and (B) individuals who will carry out the program, including administrators, teachers, principals, and other staff. (2) Develop and carry out the following activities, alone or in partnership with a public or other nonprofit organization that has a record of success in implementing such activities: (A) Disseminating timely and accurate information about the program to parents of students attending the lowest-performing schools, in a clear and uniform format and, to the extent practicable, in a language that parents can understand, including through the use of a variety of effective and innovative outreach approaches, such as by sending customized letters to each family about available programs. (B) Providing education and training to parents of students attending the lowest-performing schools to enable the parents to use the information provided under subparagraph (A) in their decisions about their children’s education. (b) Selection of students An eligible entity that receives a grant under this part shall select students to participate in a program on the basis of a lottery, if more students apply for admission to the program than can be accommodated. (c) Voluntary participation Student participation in a program funded under this part shall be voluntary. (d) Performance measures (1) In general Each eligible entity awarded a grant under this part shall establish performance measures and targets that— (A) are approved by the Secretary; (B) are implemented for each program established or expanded with funds provided under this part; and (C) at a minimum, track— (i) the number of students participating; (ii) the participating students’ academic achievement and student academic growth; (iii) in the case of participating high school students, the graduation rates for the participating students; (iv) the extent to which students in schools participating in the programs or schools funded under this part are being educated in diverse schools and classrooms; and (v) any other measure required by the Secretary. (2) Reports Each eligible entity awarded a grant under this part shall annually report to the Secretary on its performance on the measures and targets established under paragraph (1), and shall provide that information both in the aggregate and disaggregated for each subgroup of students described in section 1111(a)(2)(B)(x). 5506. Evaluations From the amount reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate the implementation and impact of the activities supported under this part, consistent with section 9601, including— (1) how, and the extent to which, the programs promote educational equity and excellence; (2) the characteristics of the students participating in the programs; and (3) the effect of the programs on the academic achievement and student academic growth of students participating in the programs both in the aggregate and disaggregated for each subgroup of students described in section 1111(a)(2)(B)(x). 5507. Definitions In this part: (1) Charter school The term charter school (2) Eligible entity The term eligible entity (A) 1 or more high-need local educational agencies applying with 1 or more other local educational agencies; or (B) a State educational agency applying with 1 or more high-need local educational agencies. (3) Lowest-performing school The term lowest-performing school . F College Information Demonstration Program 5601. College Information Demonstration Program Title V ( 20 U.S.C. 7201 et seq. F College Information Demonstration Program 5601. College Information Demonstration Program (a) Program Authorized The Secretary shall establish a model demonstration program that explores the effectiveness of services and programs that increase student awareness of and access to postsecondary education, by providing cost-effective, semi-customized information, as described in subsection (c), to all secondary school students at high-need schools that will increase the likelihood that such students will— (1) apply to an institution of higher education; (2) apply for financial aid; (3) enroll in an institution of higher education; or (4) receive financial aid. (b) Priority In determining which high-need schools to include in the demonstration program under this section, the Secretary shall give priority to high-need schools in areas that, due to geography or resources, have little or no access to postsecondary education counseling services. (c) Information for students (1) Content As part of the demonstration program under this section, the Secretary shall develop, using the best available evidence and research, a packet of postsecondary education information that will inform students about the net price of institutions of higher education and available financial aid and give guidance on how to apply to institutions of higher education and how to seek financial assistance. The Secretary shall consider including, as applicable, the following information for secondary school students at high-need schools: (A) Guidance on application strategies that is designed to help students understand how to select an institution of higher education, how to apply, and how to seek financial assistance, and deadlines for applying to institutions of higher education, as well as a copy of the common application for use in applying to institutions of higher education. (B) Information on Federal and State financial aid options, including a description of available grants, scholarships, and loans, and the application processes for grants, scholarships, and loans. (C) The likely net cost at— (i) a flagship State institution of higher education; and (ii) a local public institution of higher education. (D) A list of the institutions of higher education that meet 100 percent of students' financial need. (E) Information about application fee waivers for qualified students. (2) Development In developing the information materials described in paragraph (1), the Secretary shall consult with State educational agencies, college mentors, college admissions staff, financial aid staff, student and parent focus groups, and secondary school guidance counselors to ensure that the information provided is age-appropriate and easily understood. (3) Customization In developing the information materials described in paragraph (1), the Secretary shall, to the extent possible, customize such information based on— (A) geographic location; and (B) family income. (d) Evaluation; Report (1) Evaluation The Secretary shall evaluate the demonstration program established under this section, using both qualitative and quantitative methods, to examine the effectiveness of the demonstration program on a student's likelihood of— (A) applying to an institution of higher education; (B) applying for financial aid; (C) enrolling in an institution of higher education; and (D) receiving financial aid. (2) Reports (A) Preliminary report Not later than 2 years after the date of enactment of the Strengthening America's Schools Act of 2013, the Secretary shall submit a preliminary report to Congress containing the information described in subparagraph (B). (B) Final report Not later than 5 years after the date of enactment of the Strengthening America's Schools Act of 2013, the Secretary shall submit a report to Congress that includes— (i) the information gathered from the evaluation described in paragraph (1); (ii) an analysis of the costs and benefits of the demonstration program carried out under this section; and (iii) recommendations to Congress on how the Federal government, States, and schools can improve efforts to provide students with information that increases postsecondary education access and affordability. . VI Promoting flexibility; rural education 6101. Promoting flexibility Title VI (20 U.S.C. 7301 et seq.) is amended— (1) by striking the title heading and inserting the following: Promoting Flexibility; Rural Education (2) by striking part A and inserting the following: A Transferability 6101. Transferability of funds (a) Transfers by states (1) Authority to transfer Except as provided in paragraph (2), in accordance with this part, a State may transfer up to 100 percent of the State funds allotted to the State for a fiscal year for use for State-level activities described in this Act that are carried out as part of a grant program in which funds for the grant are distributed by a formula to 1 or more other State formula grant programs under this Act for such fiscal year. (2) Prohibition against transferring funds out certain titles A State may not transfer, pursuant to paragraph (1), any funds that originate in title I or III out of such respective title. (b) Transfers by local educational agencies (1) Authority to transfer Except as provided in paragraph (2), in accordance with this part, a local educational agency may transfer up to 100 percent of the funds allocated to it for a fiscal year for use for local-level activities described in this Act that are carried out as part of a grant program in which funds for the grant are distributed by a formula to 1 or more other local educational agency formula grant programs under this Act for such fiscal year. (2) Prohibition against transferring funds out of certain titles A local educational agency may not transfer, pursuant to paragraph (1), any funds that originate in title I, III, or VIII or part A of title VII out of such respective title. (3) Special rule with respect to rural districts Except as provided in paragraph (2), a local educational agency that is eligible to receive assistance under part B may transfer 100 percent of the funds allocated to it for a fiscal year for use for local-level activities described in this Act that are carried out as part of a grant program in which funds for the grant are distributed by a formula to 1 or more other local educational agency formula grant programs under this Act for such fiscal year or to carry out activities under a grant program in which funds for the grant are distributed by formula to States. (c) Applicable rules (1) In general Except as otherwise provided in this part, funds transferred pursuant to this section are subject to each of the rules and requirements applicable to the funds under the provision to which the transferred funds are transferred. (2) Consultation Each State educational agency or local educational agency that transfers funds under this section shall conduct consultations in accordance with section 9501, if such transfer transfers funds from a program that provides for the participation of students, teachers, or other educational personnel, from private schools. . 6102. Rural education Part B of title VI ( 20 U.S.C. 7341 et seq. (1) by striking section 6211; (2) by redesignating sections 6212 and 6213 as sections 6211 and 6212, respectively; (3) in section 6211, as redesignated by paragraph (2)— (A) in the section heading, by striking Grant (B) in subsection (a), by striking activities authorized activities consistent with section 6101(b). (C) in subsection (b)— (i) in paragraph (1)— (I) by striking paragraph (3) paragraphs (3) and (4) (II) by striking section 6211(b) subsection (d) (III) by striking section 6211(c) subpart 2 of part A of title II (ii) by striking paragraph (2) and inserting the following: (2) Determination of initial amount (A) In General The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000. (B) Appropriation more than $211,723,832 Notwithstanding subparagraph (A), if the appropriation for this part is more than $211,723,832, a grant under this part shall not be less than $25,000, and the initial amount may not exceed $80,000. ; and (iii) by inserting after paragraph (3) the following: (4) Coalitions of like school districts (A) In General Notwithstanding paragraph (1) and subject to subparagraph (B), in the case of a local educational agency that is eligible under subsection (d) and is comprised of 3 or more like school districts, the Secretary shall award a grant under subsection (a) to such a local educational agency for a fiscal year in an amount equal to the difference between— (i) the initial amount determined under paragraph (2) for the fiscal year; and (ii) the quotient that is obtained by dividing— (I) the total amount received by the agency under the provisions of law described in subpart 2 of part A of title II for the preceding fiscal year; by (II) the sum of— (aa) the number of constituent districts that comprise such local educational agency; plus (bb) the product of— (AA) the number of constituent school districts within such local educational agency; and (BB) 4,000. (B) Limitation Notwithstanding subparagraph (A), no local educational agency shall receive more than $60,000 under this paragraph. ; (D) by redesignating subsection (d) as subsection (e); (E) by inserting after subsection (c) the following: (d) Eligibility (1) In general A local educational agency shall be eligible for a grant under this section if— (A) (i) (I) the total number of students in average daily attendance at all of the schools served by the local educational agency is fewer than 600; (II) in the case of a local educational agency described in paragraph (4) of subsection (b), the total number of students in average daily attendance at all schools served by the local educational agency is fewer than the product of— (aa) 600; and (bb) the number of constituent school districts within the local educational agency; or (III) each county or locale in which a school served by the local educational agency is located has a total population density of fewer than 10 persons per square mile; and (ii) each of the schools served by the local educational agency is designated with a school locale code of 32, 33, 41, 42, or 43, as determined by the Secretary; or (B) the agency meets at least 1 of the criteria established in subparagraph (A)(i) and the Secretary, in accordance with paragraph (2), grants the State educational agency’s request to waive the criterion described in subparagraph (A)(ii). (2) Certification The Secretary shall determine whether to waive the criterion described in paragraph (1)(A)(ii) based on a demonstration by the local educational agency, and with the concurrence of the State educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State. ; and (F) by striking subsection (e), as redesignated by subparagraph (D), and inserting the following: (e) Special Eligibility Rule A local educational agency may receive grant funding under subpart 1 or subpart 2, but may not receive grant funding under both such subparts. ; (4) by striking section 6212, as redesignated by paragraph (2), and inserting the following: 6212. Academic achievement assessments Each local educational agency that uses or receives funds under this subpart for a fiscal year shall administer assessments that are consistent with section 1111(a)(2). ; (5) in section 6221— (A) in subsection (a)(1), by striking under section 6234 for to carry out (B) in subsection (b)(1)(B), by striking 6, 7, or 8, 33, 41, 42, or 43, (C) in subsection (c)— (i) in the matter preceding paragraph (1), by striking under section 6234 for to carry out (ii) in paragraph (1), by striking Bureau of Indian Affairs Bureau of Indian Education (6) in section 6222, by striking subsection (a) and inserting the following: (a) Local Awards Grant funds awarded to local educational agencies under this subpart shall be used to carry out local-level activities consistent with section 6101(b). ; (7) in section 6224— (A) in subsection (c)— (i) in the matter preceding paragraph (1), by striking “the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate” and inserting “the authorizing committees”; and (ii) by striking local educational agencies and schools (2) how local educational agencies and schools ; (B) in subsection (d)— (i) in the subsection heading, by striking “ Assessment Assessments (ii) by striking an assessment that is consistent with section 1111(b)(3) assessments that are consistent with section 1111(a)(2) (C) by striking subsection (e); (8) by striking section 6234; (9) by redesignating sections 6231 through 6233 as sections 6232 through 6234, respectively; (10) by inserting before section 6232, as redesignated by paragraph (9), the following: 6231. Choice of participation If a local educational agency is eligible for funding under subpart 1 and subpart 2 of this part, such local educational agency may choose to participate in either subpart 1 or subpart 2. ; (11) in section 6232, as redesignated by paragraph (9)— (A) in subsection (a), by striking 6212 6211 (B) in subsection (b)— (i) by striking under section 6212 or subpart 2 under this part (ii) by striking under this section under this part (12) in section 6233, as redesignated by paragraph (9), by striking subpart 1 or subpart 2 this part 6103. General provisions Title VI (20 U.S.C. 7301 et seq.) is amended by striking part C. VII Indian, Native Hawaiian, and Alaska Native education A Indian education 7101. Purpose Section 7102 ( 20 U.S.C. 7402 7102. Purpose It is the purpose of this part to support the efforts of local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities to ensure— (1) the academic achievement of American Indian and Alaska Native students by meeting their unique cultural, language, and educational needs, consistent with section 1111(a); (2) that Indian and Alaska Native students gain knowledge and understanding of Native communities, languages, tribal histories, traditions, and cultures; and (3) that principals, teachers, and other staff who serve Indian and Alaska Native students have the ability to provide culturally appropriate and effective instruction to such students. . 1 Formula grants to local educational agencies 7111. Formula grant purpose Section 7111 (20 U.S.C. 7421) is amended to read as follows: 7111. Purpose (a) Purpose It is the purpose of this subpart to support the efforts of local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities to improve the academic achievement of American Indian and Alaska Native students by meeting their unique cultural, language, and educational needs. (b) Programs This subpart carries out the purpose described in subsection (a) by authorizing programs of direct assistance for— (1) meeting the unique educational and culturally related academic needs of Indians and Alaska Natives, including gaining knowledge of Native American languages, history, traditions, and cultures; (2) the education of Indian children and adults; (3) the training of Indian persons as educators and counselors, and in other professions serving Indian people; and (4) research, evaluation, data collection, and technical assistance. . 7112. Grants to local educational agencies, tribes, and Indian organizations Section 7112 ( 20 U.S.C. 7422 (1) in subsection (a), by striking and Indian tribes , Indian tribes, and Indian organizations (2) in subsection (b)(2), by striking a reservation an Indian reservation (3) by striking subsection (c) and inserting the following: (c) Indian tribes and Indian organizations (1) In general If a local educational agency that is otherwise eligible for a grant under this subpart does not establish a committee under section 7114(c)(5) for such grant, an Indian tribe, an Indian organization, or a consortium of such entities, that represents more than one-half of the eligible Indian children who are served by such local educational agency may apply for such grant. (2) Unaffiliated Indian tribes An Indian tribe that operates a school and is not affiliated with either the local educational agency or the Bureau of Indian Education shall be eligible to apply for a grant under this subpart. (3) Special rule (A) In general The Secretary shall treat each Indian tribe, Indian organization, or consortium of such entities applying for a grant pursuant to paragraph (1) or (2) as if such Indian tribe, Indian organization, or consortium were a local educational agency for purposes of this subpart. (B) Exceptions Notwithstanding subparagraph (A), such Indian tribe, Indian organization, or consortium shall not be subject to the requirements of subsections (b)(7) or (c)(5) of section 7114 or section 7118(c) or 7119. (4) Assurance to serve all Indian children An Indian tribe, Indian organization, or consortium of such entities that is eligible to apply for a grant under paragraph (1) shall include, in the application required under section 7114, an assurance that the entity will use the grant funds to provide services to all Indian students served by the local educational agency. (d) Indian community-based organization (1) In general If no local educational agency pursuant to subsection (b), and no Indian tribe, Indian organization, or consortium pursuant to subsection (c), applies for a grant under this subpart, an Indian community-based organization serving the community of the local educational agency may apply for such grant. (2) Applicability of special rule The Secretary shall apply the special rule in subsection (c)(3) to a community-based organization applying or receiving a grant under paragraph (1) in the same manner as such rule applies to an Indian tribe, Indian organization, or consortium. (3) Definition of Indian community-based organization In this subsection, the term Indian community-based organization (A) is composed primarily of Indian parents and community members, tribal government education officials, and tribal members from a specific community; (B) assists in the social, cultural, and educational development of Indians in such community; (C) meets the unique cultural, language, and academic needs of Indian students; and (D) demonstrates organizational capacity to manage the grant. (e) Consortia (1) In general A local educational agency, Indian tribe, or Indian organization that meets the eligibility requirements under this section may form a consortium with other eligible local educational agencies, Indian tribes, or Indian organizations for the purpose of obtaining grants and operating programs under this subpart. (2) Requirements for local educational agencies in consortia In any case where 2 or more local educational agencies that are eligible under subsection (b) form or participate in a consortium to obtain a grant, or operate a program, under this subpart, each local educational agency participating in such a consortium shall— (A) provide, in the application submitted under section 7114, an assurance that the eligible Indian children served by such local educational agency will receive the services of the programs funded under this subpart; and (B) agree to be subject to all requirements, assurances, and obligations applicable to a local educational agency receiving a grant under this subpart. . 7113. Amount of grants Section 7113 (20 U.S.C. 7423) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking Bureau of Indian Affairs Bureau of Indian Education (ii) by striking $3,000 $10,000 (B) in paragraph (3), by striking $4,000 $15,000 (2) in subsection (d)— (A) in the subsection heading, by striking Bureau of Indian Affairs Bureau of Indian Education (B) in paragraph (1)(A)(i), by striking the Bureau of Indian Affairs the Bureau of Indian Education (C) in paragraph (2), by striking section 7114(c)(4) section 7114(c)(5) (3) in subsection (e), by striking under section 7152(a) to carry out this subpart 7114. Applications (a) In general Section 7114 (20 U.S.C. 7424) is amended— (1) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by striking is consistent with supports (II) by inserting , tribal, State (ii) in subparagraph (B), by striking such goals such goals, to ensure such students meet the same college and career ready State academic achievement standards under section 1111(a)(1); (B) by striking paragraph (3) and inserting the following: (3) explains how the local educational agency will use the funds made available under this subpart to supplement other Federal, State, and local programs that meet the needs of such students; ; (C) in paragraph (5)— (i) in subparagraph (A), by striking and (ii) by adding at the end the following: (C) the parents of Indian children, and representatives of Indian tribes, on the committee described in subsection (c)(5) will participate in the planning of professional development activities; ; (D) in paragraph (6)— (i) in subparagraph (B)— (I) in clause (i), by striking subsection (c)(4); and subsection (c)(5); (II) by adding at the end the following: (iii) the Indian tribes whose children are served by the local educational agency; and ; and (ii) in subparagraph (C), by striking the period at the end and inserting ; and (E) by adding at the end the following: (7) describes— (A) the formal process the local educational agency used to collaborate with Indian tribes located in the community in the development of the comprehensive programs; and (B) the actions taken as a result of the collaboration. ; (2) in subsection (c)— (A) in paragraph (1), by striking the education of Indian children, and not to supplant such funds services and activities consistent with those described in this subpart, and not to supplant such funds (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; (C) by inserting after paragraph (1) the following: (2) the local educational agency will use funds received under this subpart only for activities described and authorized under this subpart; ; (D) in paragraph (3), as redesignated by subparagraph (B)— (i) in subparagraph (A), by striking and (ii) in subparagraph (B)— (I) by inserting , as measured by the State academic assessments required under section 1111(a)(2), high school graduation rates, and other academic outcomes as appropriate, effective (II) by inserting and (iii) by adding at the end the following: (C) determine the extent to which such activities address the unique cultural, language, and educational needs of Indian students; ; (E) in paragraph (4)(C), as redesignated by subparagraph (B)— (i) by inserting representatives of Indian tribes with reservations located within 50 miles of any of the schools that have Indian children in any such school, Indian children and teachers, (ii) by striking and (F) in paragraph (5), as redesignated by subparagraph (B)— (i) by inserting and family members parents (ii) in subparagraph (A)— (I) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (II) by inserting after clause (i) the following: (ii) representatives of Indian tribes with reservations located within 50 miles of any of the schools that have Indian children in any such school; ; (iii) in subparagraph (B), by adding or representatives of Indian tribes described in subparagraph (A)(ii) children (iv) in subparagraph (D)— (I) in clause (i), by striking and (II) by adding at the end the following: (iii) determined that the program will directly enhance the educational experience of Indian and Alaska Native students; ; (v) in subparagraph (E), by striking the period at the end and inserting a semicolon; and (vi) by adding at the end the following: (F) that shall determine the extent to which the activities of the local educational agency will address the unique cultural, language, and educational needs of Indian and Alaska Native students; and (G) that shall determine the extent to which grant funds will directly enhance the educational experiences of Indian and Alaska Native students; ; and (G) by adding at the end the following: (6) the local educational agency will coordinate activities under this title with other Federal programs supporting educational and related services administered by such agency; and (7) the local educational agency conducted outreach to parents and family members to meet the requirements under subsection (c)(5). ; and (3) by adding at the end the following: (d) Outreach The Secretary shall monitor the applications for grants under this subpart to identify eligible local educational agencies and schools operated by the Bureau of Indian Education that have not applied for such grants, and shall undertake appropriate outreach activities to encourage and assist eligible entities to submit applications for such grants. (e) Technical assistance The Secretary shall, directly or by contract, provide technical assistance to a local educational agency upon request (in addition to any technical assistance available under other provisions of this Act or available through the Institute of Education Sciences) to support the services and activities provided under this subpart, including technical assistance for— (1) the development of applications under this subpart; (2) improvement in the quality of implementation, content, and evaluation of activities supported under this subpart; and (3) integration of activities under this subpart with other educational activities carried out by the local educational agency. . 7115. Authorized services and activities Section 7115 ( 20 U.S.C. 7425 (1) in subsection (a)— (A) by adjusting the margin of paragraph (1) to align with paragraphs (2) and (3); and (B) in paragraph (1), by inserting solely for the services and activities described in such application section 7114(a) (2) in subsection (b)— (A) by redesignating paragraphs (1) through (11) as paragraphs (2) through (12), respectively; (B) by inserting before paragraph (2), as redesignated by subparagraph (A), the following: (1) activities that support Native American language immersion programs and Native American language restoration programs, which may be taught by traditional leaders; ; (C) in paragraph (3), as redesignated by subparagraph (A), by striking early childhood high-quality early childhood education programs (D) in paragraph (4), as redesignated by subparagraph (A), by striking challenging State academic content and student academic achievement standards college and career ready State academic content and student academic achievement standards under section 1111(a) (E) by striking paragraph (5), as redesignated by subparagraph (A), and inserting the following: (5) integrated educational services in combination with other programs to meet the unique needs of Indian children and their families, including programs that promote parental involvement— (A) in school activities; and (B) to increase student achievement; ; (F) by striking paragraph (7), as redesignated by subparagraph (A), and inserting the following: (7) activities to educate individuals so as to prevent violence, suicide, and substance abuse; ; (G) by striking paragraphs (10) and (11), as redesignated by subparagraph (A), and inserting the following: (10) activities that incorporate culturally and linguistically relevant curriculum content into classroom instruction that is responsive to the unique learning styles of Indian and Alaska Native children to ensure that such children are better able to meet the student academic achievement standards, consistent with section 1111(a); (11) family literacy activities; ; (H) in paragraph (12), as redesignated by subparagraph (A), by striking children children; and (I) by adding at the end the following: (13) dropout prevention strategies and strategies— (A) to meet the educational needs of at-risk Indian students in correctional facilities; and (B) to support Indian students who are transitioning from such facilities to schools served by local educational agencies. ; (3) in subsection (c)— (A) in paragraph (1)— (i) by striking section 7114(c)(4) section 7114(c)(5) (ii) by striking ; and (B) in paragraph (2), by striking the period and inserting ; and (C) by adding at the end the following: (3) the local educational agency identifies in the local educational agency's application how the use of such funds in a schoolwide program will produce benefits to Indian students that would not be achieved if the funds were not used in a schoolwide program. ; and (4) by adding at the end the following: (e) Limitation on use of funds Funds provided to a grantee under this subpart may not be used for long-distance travel expenses for training activities available locally or regionally. . 7116. Integration of services authorized Section 7116 ( 20 U.S.C. 7426 (1) in subsection (d)(9), by striking section 7114(c)(4) section 7114(c)(5) (2) in subsection (g), in the matter preceding paragraph (1)— (A) by striking the No Child Left Behind Act of 2001 the Strengthening America's Schools Act of 2013 (B) by inserting the Secretary of Health and Human Services, the Secretary of the Interior, (C) by inserting and coordination providing for the implementation (3) by striking subsection (o) and inserting the following: (o) Report on statutory obstacles to, and best practices for, program integration (1) In General Not later than 3 years after the date of enactment of the Strengthening America's Schools Act of 2013, the Secretary of Education shall submit a report to the authorizing committees, the Committee on Indian Affairs of the Senate, and the Committee on Natural Resources of the House of Representatives on the results of the implementation of the demonstration projects authorized under this section. (2) Contents Such report shall identify— (A) statutory barriers to the ability of participants to integrate more effectively their education and related services to Indian students in a manner consistent with the objectives of this section; and (B) the best practices for program integration that result in increased student proficiency, graduation rates, and other relevant academic outcomes for Indian and Alaska Native students. . 7117. Student eligibility forms Section 7117 (20 U.S.C. 7427) is amended— (1) in subsection (b)(1)— (A) in subparagraph (A)(ii), by inserting or membership enrollment (B) in subparagraph (B), by inserting or membership enrollment (2) by striking subsections (d) and (e) and inserting the following: (d) Documentation and types of proof (1) Types of proof For purposes of determining whether a child is eligible to be counted for the purpose of computing the amount of a grant award under section 7113, the membership of the child, or any parent or grandparent, of the child, in a tribe or band of Indians (as so defined) may be established by proof other than an enrollment or membership number, notwithstanding the availability of an enrollment or membership number for a member of such tribe or band. Nothing in subsection (b) shall be construed to require the furnishing of an enrollment or membership number. (2) No new or duplicate determinations Once a child is determined to be an Indian eligible to be counted for such grant award, the local educational agency shall maintain a record of such determination and shall not require a new or duplicate determination to be made for such child for a subsequent application for a grant under this subpart. (3) Previously filed forms An Indian student eligibility form that was on file as required by this section on the day before the date of enactment of the Strengthening America's Schools Act of 2013 and that met the requirements of this section, as this section was in effect on the day before the date of enactment of such Act, shall remain valid for such Indian student. ; (3) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; (4) in subsection (f), as redesignated by paragraph (3), by striking the Bureau of Indian Affairs the Bureau of Indian Education (5) by inserting after subsection (f), as redesignated by paragraph (3), the following: (g) Technical assistance The Secretary shall, directly or through contract, provide technical assistance to a local educational agency upon request, in addition to any technical assistance available under section 1116 or available through the Institute of Education Sciences, to support the services and activities described under this section, including for the— (1) development of applications under this section; (2) improvement in the quality of implementation, content of activities, and evaluation of activities supported under this subpart; (3) integration of activities under this title with other educational activities established by the local educational agency; and (4) coordination of activities under this title with programs administered by each Federal agency providing grants for the provision of educational and related services. . 2 Special programs and projects to improve educational opportunities for Indian children and youth 7121. Special programs and projects to improve educational opportunities for Indian children and youth Subpart 2 of part A of title VII is amended by inserting and youth children 7122. Improvement of educational opportunities for Indian children and youth Section 7121 ( 20 U.S.C. 7441 (1) in the heading, by adding and youth children (2) in subsection (a), by inserting and youth children (3) in subsection (c)— (A) by inserting and youth children (B) in paragraph (1)— (i) in subparagraph (D), by inserting emotional, social, (ii) by striking subparagraph (G) and inserting the following: (G) high-quality early childhood education programs that are effective in preparing young children to be making sufficient academic growth by the end of grade 3, including kindergarten and prekindergarten programs, family-based preschool programs that emphasize school readiness, screening and referral, and the provision of services to Indian children and youth with disabilities; ; (iii) in subparagraph (K), by striking family literacy services family literacy activities (iv) in subparagraph (L), by striking qualified tribal elders and seniors; or traditional leaders; (C) in paragraph (2), by striking Professional development of High-quality professional development of (4) in subsection (d)— (A) in paragraph (1)(C), by striking make a grant payment for a grant described in this paragraph to an eligible entity after the initial year of the multiyear grant only if the Secretary determines award grants for an initial period of not more than 3 years and may renew such grants for not more than an additional 2 years if the Secretary determines (B) in paragraph (3)(B)— (i) in clause (i), by striking parents of Indian children and representatives of Indian tribes family members of Indian children and youth and official representatives designated by the Indian tribes (ii) in clause (iii)— (I) by striking information evidence (II) by striking a scientifically based an evidence-based (5) by adding at the end the following: (f) Continuation Notwithstanding any other provision of this section, a grantee that is carrying out activities pursuant to a grant awarded under this section prior to the date of enactment of the Strengthening America's Schools Act of 2013 may continue to carry out such activities under such grant in accordance with the terms of that grant award. . 7123. Professional development for teachers and education professionals Section 7122 ( 20 U.S.C. 7442 (1) in subsection (a), by striking paragraphs (1) and (2) and inserting the following: (1) to increase the number of qualified Indian teachers and administrators serving Indian students; (2) to provide training to qualified Indian individuals to become educators; and ; (2) in subsection (d), by adding at the end the following: (3) Continuation Notwithstanding any other provision of this section, a grantee that is carrying out activities pursuant to a grant awarded under this section prior to the date of enactment of the Strengthening America's Schools Act of 2013 may continue to carry out such activities under such grant in accordance with the terms of that award. ; (3) by striking subsection (e) and inserting the following: (e) Application Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require. At a minimum, an application under this section shall describe how the eligible entity will— (1) recruit qualified Indian individuals, such as students who may not be of traditional college age, to become teachers or principals; (2) use funds made available under the grant to support the recruitment, preparation, and professional development of Indian teachers or principals in local educational agencies that serve a high proportion of Indian students; and (3) assist participants in meeting the requirements under subsection (h). ; (4) by striking subsection (g) and inserting the following: (g) Grant period The Secretary shall award grants under this section for an initial period of not more than 3 years, and may renew such grants for not more than an additional 2 years if the Secretary finds that the grantee is achieving the objectives of the grant. ; and (5) in subsection (h)(1)(A), by striking clause (ii) and inserting the following: (ii) in a local educational agency that serves a high proportion of Indian students; or . 3 National activities 7131. National activities Subpart 3 of part A of title VII ( 20 U.S.C. 7451 et seq. (1) in section 7131— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking under section 7152(b) to carry out this subpart (ii) in paragraph (1), by striking the education improving the academic achievement and development (iii) by striking paragraph (2); (iv) by redesignating paragraph (3) as paragraph (2); (v) in paragraph (2), as redesignated by clause (iv), by striking Indians; and Indian students; (vi) by inserting after paragraph (2), as redesignated by clause (iv), the following: (3) provide technical assistance and logistical support to grantees under this subpart; and ; and (B) by striking subsection (c) and inserting the following: (c) Coordination Research activities supported under this section— (1) shall be coordinated with appropriate offices within the Department; and (2) may include collaborative research activities that are jointly funded and carried out by the Bureau of Indian Education and the Institute of Education Sciences. ; (2) by striking sections 7132, 7133, 7134, 7135, and 7136; and (3) by adding at the end the following: 7132. Improvement of academic success for students through Native American language (a) Purpose It is the purpose of this section to improve educational opportunities and academic achievement of Indian and Alaska Native students through Native American language programs and to foster the acquisition of Native American language. (b) Definition of eligible entity In this section, the term eligible entity (c) Grants authorized The Secretary shall award grants to eligible entities to enable such entities to carry out the following activities: (1) Native American language programs that— (A) provide instruction through the use of a Native American language for not less than 10 children for an average of not less than 500 hours per year per student; (B) provide for the involvement of parents, caregivers, and families of students enrolled in the program; (C) utilize, and may include the development of, instructional courses and materials for learning Native American languages and for instruction through the use of Native American languages; (D) provide support for professional development activities; and (E) include a goal of all students achieving— (i) fluency in a Native American language; and (ii) academic proficiency in mathematics, English, reading or language arts, and science. (2) Native American language restoration programs that— (A) provide instruction in not less than 1 Native American language; (B) provide support for professional development activities for teachers of Native American languages; (C) develop instructional materials for the programs; and (D) include the goal of increasing proficiency and fluency in not less than 1 Native American language. (d) Application (1) In general An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Certification An eligible entity that submits an application for a grant to carry out the activity specified in subsection (c)(1), shall include in such application a certification that assures that such entity has experience and a demonstrated record of effectiveness in operating and administering a Native American language program or any other educational program in which instruction is conducted in a Native American language. (e) Grant duration The Secretary shall make grants under this section only on a multi-year basis. Each such grant shall be for a period not to exceed 5 years. (f) Definition In this section, the term average (g) Administrative costs (1) In general Except as provided in paragraph (2), not more than 5 percent of the funds provided to a grantee under this section for any fiscal year may be used for administrative purposes. (2) Exception An elementary school or secondary school for Indian students that receives funds from a recipient of a grant under subsection (c) for any fiscal year may use not more than 10 percent of the funds for administrative purposes. 7133. Improving State and tribal educational agency collaboration The Secretary, in consultation with the Director of the Bureau of Indian Education, shall conduct a study of the relationship among State educational agencies, local educational agencies, and other relevant State and local agencies, and tribes or tribal representatives to— (1) identify examples of best practices in collaboration among those entities that result in the provision of better services to Indian students; and (2) provide recommendations on— (A) State educational agency functions that tribal educational agencies could perform; (B) areas and agency functions in which greater State educational agency and tribal educational agency collaboration is needed; and (C) other steps to reducing barriers to serving Indian students, especially such students who are at risk of academic failure. . 4 Federal administration 7141. National Advisory Council on Indian Education Section 7141(b)(1) ( 20 U.S.C. 7471(b)(1) and the Secretary of the Interior advise the Secretary 5 Definitions; authorization of appropriations 7151. Definitions; authorization of appropriations Subpart 5 of part A of title VII (20 U.S.C. 7491 et seq.) is amended— (1) in the subpart heading, by striking ; Authorizations of Appropriations (2) by striking section 7152; and (3) in section 7151— (A) by striking paragraph (2); (B) by redesignating paragraph (3) as paragraph (2); and (C) by adding at the end the following: (3) Traditional leaders The term traditional leaders . B Native Hawaiian education; Alaska Native education 7201. Native Hawaiian education and Alaska Native education Title VII ( 20 U.S.C. 7401 et seq. (1) in part B, by striking the part heading and inserting the following: Native Hawaiian education; Alaska Native education (2) by inserting before section 7201 the following: 1 Native Hawaiian education ; (3) in section 7201, by striking part subpart (4) by redesignating part C as subpart 2 of part B; and (5) in subpart 2 of part B, as redesignated by paragraph (4), by striking the heading and inserting Alaska Native education 1 Native Hawaiian education 7202. Findings Section 7202 ( 20 U.S.C. 7512 7202. Findings Congress finds the following: (1) Native Hawaiians are a distinct and unique indigenous people with a historical continuity to the original inhabitants of the Hawaiian archipelago, whose society was organized as a nation and internationally recognized as a nation by the United States, and many other countries. (2) Native Hawaiians have a cultural, historic, and land-based link to the indigenous people who exercised sovereignty over the Hawaiian Islands. (3) The political relationship between the United States and the Native Hawaiian people has been recognized and reaffirmed by the United States, as evidenced by the inclusion of Native Hawaiians in many Federal statutes. (4) In 1993, 2005, and 2009, the Kamehameha Schools Bishop Estate released the findings of the Native Hawaiian Educational Assessment Project, which found that despite the successes of the programs established under title IV of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (Public Law 100–297, 102 Stat. 358), many of the same educational needs still existed for Native Hawaiians. (5) The percentage of Native Hawaiian students served by the State of Hawaii Department of Education rose 30 percent from 1980 to 2008, and there are and will continue to be geographically rural, isolated areas with a high Native Hawaiian population density. (6) The Native Hawaiian people are determined to preserve, develop, and transmit to future generations their ancestral territory and their cultural identity in accordance with their own spiritual and traditional beliefs, customs, practices, language, and social institutions. (7) The State of Hawaii, in the constitution and statutes of the State of Hawaii— (A) reaffirms and protects the unique right of the Native Hawaiian people to practice and perpetuate their culture and religious customs, beliefs, practices, and language; (B) recognizes the traditional language of the Native Hawaiian people as an official language of the State of Hawaii, which may be used as the language of instruction for all subjects and grades in the public school system; and (C) promotes the study of the Hawaiian culture, language, and history by providing a Hawaiian education program and using community expertise as a suitable and essential means to further the program. . 7203. Purposes Section 7203 ( 20 U.S.C. 7513 7203. Purposes The purposes of this subpart are to— (1) develop, implement, assess, expand, and evaluate innovative educational programs, Native Hawaiian language medium programs, Native Hawaiian culture-based education programs, and other education programs to improve the academic achievement of Native Hawaiian students by meeting their unique cultural and language needs to help such students meet college and career ready State academic content and student academic achievement standards adopted under section 1111(a)(1); (2) provide guidance to appropriate Federal, State, and local agencies to more effectively and efficiently focus resources, including resources made available under this subpart, on the development and implementation of— (A) innovative educational programs for Native Hawaiian students; (B) rigorous and substantive Native Hawaiian language programs; and (C) Native Hawaiian culture-based educational programs; and (3) create a system by which information from programs funded under this subpart will be collected, analyzed, evaluated, reported, and used in decisionmaking activities with respect to the types of grants awarded under this subpart. . 7204. Native Hawaiian Education Council Section 7204 ( 20 U.S.C. 7514 7204. Native Hawaiian Education Council (a) Grant authorized (1) In general In order to better effectuate the purposes of this subpart through the coordination of educational and related services and programs available to Native Hawaiian students, including those programs receiving funding under this subpart, the Secretary shall award a grant to an education council, as described in subsection (b). (2) Duration of grant A grant under this section shall be for a period of 5 years. (3) Funding For each fiscal year, the Secretary shall use the amount described in section 7205(h)(1) to make a payment under the grant. Funds made available through the grant shall remain available until expended. (b) Composition (1) Eligibility To be eligible to receive the grant under subsection (a), the council shall be an education council (referred to in this section as the Education Council (2) In general The Education Council shall consist of 15 members, of whom— (A) 1 shall be the President of the University of Hawaii (or a designee); (B) 1 shall be the Governor of the State of Hawaii (or a designee); (C) 1 shall be the Superintendent of the State of Hawaii Department of Education (or a designee); (D) 1 shall be the chairperson of the Office of Hawaiian Affairs (or a designee); (E) 1 shall be the executive director of Hawaii's Charter School Network (or a designee); (F) 1 shall be the chief executive officer of the Kamehameha Schools (or a designee); (G) 1 shall be the chairperson of the Queen Liliuokalani Trust (or a designee); (H) 1 shall be a member, selected by the other members of the Education Council, who represents a private grant-making entity (or a designee); (I) 1 shall be the mayor of the County of Hawaii (or a designee); (J) 1 shall be the Mayor of Maui County (or a designee from the Island of Maui); (K) 1 shall be the Mayor of the County of Kauai (or a designee); (L) 1 shall be appointed by the Mayor of Maui County from the Island of either Molokai or Lanai; (M) 1 shall be the Mayor of the City and County of Honolulu (or a designee); (N) 1 shall be the Chairperson of the Hawaiian Homes Commission (or a designee); and (O) 1 shall be the Chairperson of the Hawaii Workforce Development Council (or a designee representing the private sector). (3) Requirements Any designee serving on the Council shall demonstrate, as determined by the individual who appointed such designee with input from the Native Hawaiian community, not less than 5 years of experience as a consumer or provider of Native Hawaiian education or cultural activities, with traditional cultural experience given due consideration. (4) Limitation A member of the Education Council, including a designee, may not receive, as an individual, grant funds awarded under this subpart while serving on the Education Council. (5) No compensation None of the funds made available through the grant may be used to provide compensation to any member of the Education Council or member of a working group established by the Education Council, for functions described in this section. (6) Administrative provisions relating to education council The Education Council shall meet at the call of the Chair of the Council, or upon request by a majority of the members of the Education Council, but in any event not less often than every 120 days. (7) Chair, Vice chair (A) Selection The Education Council shall select a Chair and Vice Chair from among the members of the Education Council. (B) Service The Chair and Vice Chair selected under subparagraph (A) shall each serve for one 2-year term. (c) Use of funds for technical assistance and assessment The Education Council shall use funds made available through the grant under this section to carry out, directly or through subgrant or contract, the following activities: (1) Providing technical assistance to Native Hawaiian organizations that are grantees or potential grantees under this subpart. (2) Obtaining from such grantees information and data regarding grants awarded under this subpart, including information and data about— (A) the effectiveness of such grantees in meeting the educational priorities recommended by the Education Council under subsection (e)(1)(B), using metrics consistent with such priorities; and (B) the effectiveness of such grantees in carrying out any of the activities described in section 7205(c) that are related to the specific goals and purposes of each grantee’s grant project, using metrics consistent with such goals and purposes. (3) Assessing and defining the educational needs of Native Hawaiians. (4) Assessing the programs and services available to address the educational needs of Native Hawaiians. (5) Assessing and evaluating the individual and aggregate impact achieved by grantees under this subpart in improving Native Hawaiian educational performance and meeting the goals of this subpart. (6) Providing direction and guidance, through the issuance of reports and recommendations, to appropriate Federal, State, and local agencies in order to focus and improve the use of resources, including resources made available under this subpart, relating to Native Hawaiian student education, and serve, where appropriate, in an advisory capacity. (7) Hiring an executive director to enable the Education Council to carry out the activities described in this subsection. (d) Use of funds for community consultations The Education Council shall use funds made available through the grant under this section to hold not less than 1 community consultation each year on each of the Islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai, at which— (1) not less than 3 members of the Education Council shall be in attendance; (2) the Education Council shall gather community input regarding— (A) entities that are, at the time of the community consultation, receiving a grant under this subpart; (B) priorities and needs; and (C) other Native Hawaiian educational issues; and (3) the Education Council shall report to the community on the outcomes of the grants awarded under this subpart. (e) Reports (1) Annual education council report The Education Council shall use funds made available through the grant under this section to prepare and submit to the Secretary, before the end of each calendar year, annual reports that contain— (A) a description of the activities of the Education Council during the preceding calendar year; (B) recommendations of the Education Council, if any, regarding priorities to be established under section 7205(b); (C) a description of significant barriers to achieving the goals under this subpart; (D) a summary of each community consultation session, as described in subsection (d); and (E) recommendations to establish funding priorities based on an assessment of— (i) the educational needs of Native Hawaiians; (ii) programs and services currently available to address such needs, including the effectiveness of such programs in improving the educational performance of Native Hawaiians; and (iii) priorities for funding in specific geographic communities. (2) Report by the Secretary Not later than 2 years after the date of enactment of the Strengthening America's Schools Act of 2013, the Secretary shall prepare and submit to the Committee on Indian Affairs of the Senate and the authorizing committees a report that— (A) summarizes the annual reports of the Education Council; (B) describes the allocation and use of funds under this subpart and the information gathered since the first annual report submitted by the Education Council to the Secretary under this section; and (C) contains recommendations for changes in Federal, State, and local policy to advance the purposes of this subpart. . 7205. Program authorized Section 7205 (20 U.S.C. 7515) is amended to read as follows: 7205. Program authorized (a) Grants and contracts In order to carry out programs that meet the purposes of this subpart, the Secretary is authorized to award grants to, or enter into contracts with— (1) Native Hawaiian educational organizations; (2) Native Hawaiian community-based organizations; (3) public and private nonprofit organizations, agencies, and institutions with experience in successfully developing or operating Native Hawaiian education and workforce development programs or programs of instruction in the Native Hawaiian language; (4) charter schools; and (5) consortia of the organizations, agencies, institutions, and schools described in paragraphs (1) through (4). (b) Priority In awarding grants and entering into contracts under this subpart, the Secretary shall give priority to— (1) programs that meet the educational priorities recommended by the Education Council under section 7204(e)(1)(B); (2) programs designed to improve the academic achievement of Native Hawaiian students by meeting their unique cultural and linguistic needs in order to help such students meet college and career ready academic standards adopted under section 1111(a)(1); and (3) programs in which a State educational agency, local educational agency, institution of higher education, or a State educational agency or local educational agency in partnership with an institution of higher education apply for a grant or contract under this subpart as part of a partnership or consortium. (c) Authorized activities Activities provided through programs carried out under this subpart may include— (1) the development and maintenance of a statewide Native Hawaiian early childhood education system to provide a continuum of high-quality services for Native Hawaiian children from the prenatal period through the age of kindergarten entry; (2) the operation of family-based education centers that provide such services as— (A) programs for Native Hawaiian parents and their infants from the prenatal period of infancy through age 3; (B) preschool programs for Native Hawaiian children; and (C) research on, and development and assessment of, family-based early childhood education programs for Native Hawaiians; (3) activities that enhance beginning reading and literacy in either the Hawaiian or the English language among Native Hawaiian students in kindergarten through grade 3 and assistance in addressing the distinct features of combined English and Hawaiian literacy for Hawaiian speakers in grades 5 and 6; (4) activities to meet the special needs of Native Hawaiian students with disabilities, including— (A) the identification of such students and their needs; (B) the provision of support services to the families of those students; and (C) other activities consistent with the requirements of the Individuals with Disabilities Education Act; (5) activities that address the special needs of Native Hawaiian students who are gifted and talented, including— (A) educational, psychological, social, emotional, and developmental activities designed to assist in the educational progress of such students; and (B) activities that involve the parents of such students in a manner designed to assist in the students’ educational progress; (6) the development of academic and career and technical curricula to address the needs of Native Hawaiian children, youth, and adults, including curricula materials in the Hawaiian language and mathematics, science, engineering, and technology that incorporate Native Hawaiian tradition and culture; (7) professional development activities for educators, including— (A) the development of programs to prepare prospective teachers to address the unique needs of Native Hawaiian students within the context of Native Hawaiian culture, language, and traditions; (B) in-service programs to improve the ability of teachers who teach in schools with concentrations of Native Hawaiian students to meet those students’ unique needs; and (C) the recruitment and preparation of Native Hawaiian individuals, and other individuals who live in communities with a high concentration of Native Hawaiians, to become teachers or leaders; (8) the operation of community-based learning centers that address the needs of Native Hawaiian families and communities through the coordination of public and private programs and services, including— (A) early childhood education programs, including preschool programs; (B) before- and after-school programs and weekend academies; (C) career and technical and adult education programs; and (D) programs that recognize and support the unique cultural and educational needs of Native Hawaiian children and youth and incorporate appropriately qualified Native Hawaiian elders and seniors; (9) activities, including program colocation, to enable Native Hawaiian individuals to enter and complete programs of postsecondary education, including— (A) the provision of full or partial scholarships for undergraduate or graduate study that are awarded to students based on their academic promise and financial need, with a priority, at the graduate level, given to Native Hawaiian students entering professions in which Native Hawaiians are underrepresented; (B) family literacy activities; (C) counseling and support services for students receiving scholarship assistance; (D) counseling and guidance for Native Hawaiian secondary school students who have the potential to receive scholarships; (E) assistance with completing the higher education admissions and financial aid application process; and (F) faculty development activities designed to promote the matriculation of Native Hawaiian students; (10) activities that recognize and support the unique needs of Native Hawaiian youth regarding the completion of quality workforce preparation and training programs and activities, including apprenticeship programs; (11) research and data collection activities to determine the educational status and needs of Native Hawaiian children and youth; (12) other research and evaluation activities related to programs carried out under this subpart; and (13) other activities, consistent with the purposes of this subpart, to meet the educational needs of Native Hawaiian children and youth. (d) Additional activities From funds made available to carry out this subpart, the Secretary shall support the following: (1) The development of a body of Native Hawaiian law. (2) The repair and renovation of public schools that serve high concentrations of Native Hawaiian students. (3) Informal education programs that present traditional Hawaiian knowledge, science, astronomy, and environmental education through State museums or learning centers. (4) Public charter schools serving high concentrations of Native Hawaiian students. (5) The perpetuation of, and expansion of access to, Hawaiian culture and history through digital archives. (e) Special rule and conditions (1) Institutions outside hawaii The Secretary may not establish a policy under this section that prevents a Native Hawaiian student enrolled at a 2- or 4-year degree-granting institution of higher education outside of the State of Hawaii from receiving a scholarship pursuant to subsection (c)(9)(A). (2) Scholarship conditions The Secretary shall establish conditions for receipt of a scholarship awarded under subsection (c)(9)(A). The conditions shall require that an individual seeking such a scholarship enter into a contract to provide professional services, either during the scholarship period or upon completion of a program of postsecondary education, to the Native Hawaiian community. (f) Treatment of funds (1) In general Except as provided in paragraph (2), funds made available under this subpart shall be used to supplement, and not supplant, any State or local funds used to achieve the purposes of this subpart. (2) Exception Paragraph (1) shall not apply to any nonprofit entity or Native Hawaiian community-based organization that receives a grant or other funds under this subpart. (g) Administrative costs (1) In general Except as provided in paragraph (2), not more than 5 percent of funds provided to a recipient of a grant or contract under subsection (a) for any fiscal year may be used for administrative purposes. (2) Exception Not more than 10 percent of funds provided under subsection (a) for any fiscal year to a nonprofit entity serving the Native Hawaiian community may be used for administrative purposes. (h) Reservation; Availability of Funds (1) Reservation From the funds made available to carry out this subpart, the Secretary shall reserve, for each of fiscal years 2014 through 2018, not less than $500,000 for the Education Council. (2) Availability Funds made available to carry out this subpart and funds reserved under this subsection shall remain available until expended. . 7206. Administrative provisions Section 7206 (20 U.S.C. 7516) is amended to read as follows: 7206. Administrative provisions (a) Application required (1) In general No grant may be made under this subpart, and no contract may be entered into under this subpart, unless the entity seeking the grant or contract submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine to be necessary to carry out the provisions of this subpart. (2) Academic projects Applications submitted under this subpart to carry out projects and activities that are academic in nature shall describe— (A) the criteria that will be used to ensure that such projects and activities use evidence-based strategies and methods; and (B) the process through which the applicant will monitor and report such activities, including the achievement of identified objectives. (b) Applications to Education Council The Secretary shall provide to the Education Council a copy of each grant or contract application submitted under this subpart. (c) Annual report (1) In general Each entity that receives a grant under this subpart (except for section 7204) shall submit to the Secretary an annual report, in such form and containing such information as the Secretary may require, that determines the extent to which activities carried out with funds provided under this subpart are effective in improving the educational achievement of Native Hawaiian students served by such funds. (2) Content As a part of the information reported under paragraph (1), each entity that receives a grant under this subpart shall provide data, using information from the most recent year for which data are available, on— (A) the academic achievement of the Native Hawaiian students the entity serves, as measured by the State assessments required under section 1111(a)(2) and the high school graduation rates and institution of higher education attendance rates of those students; and (B) such other measures as the Secretary may prescribe. . 7207. Definitions Section 7207 ( 20 U.S.C. 7517 (1) in the matter preceding paragraph (1), by striking part subpart (2) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and (3) by inserting before paragraph (2), as redesignated by paragraph (2), the following: (1) Community consultation The term community consultation (A) to discuss Native Hawaiian education concerns; and (B) about which the public has been given not less than 30 days notice. . 2 Alaska Native Education 7301. Alaska Native education Subpart 2 of part B of title VII ( 20 U.S.C. 7541 et seq. 7301. Short title This subpart may be cited as the Alaska Native Educational Equity, Support, and Assistance Act 7302. Findings Congress finds and declares the following: (1) The preservation of culture and language is critical to the attainment of educational success, to the betterment of the conditions, and to the long-term well-being, of Alaska Natives. Alaska Native students must be afforded a culturally relevant education. (2) It is the policy of the Federal Government to maximize the leadership of and participation by Alaska Natives in the planning and the management of Alaska Native education programs and to support efforts developed by and undertaken within the Alaska Native community to improve educational opportunity for all students. (3) Many Alaska Native children enter and exit school with serious educational disadvantages. (4) Overcoming the magnitude of the geographic challenges, historical inequities, and other barriers to successfully improving educational outcomes for Alaska Native students in rural, village, and urban settings is challenging. Significant disparities between academic achievement of Alaska Native students and non-Native students continues, including lower graduation rates, increased school dropout rates, and lower achievement scores on standardized tests. (5) The preservation of Alaska Native cultures and languages and the integration of Alaska Native cultures and languages into education, positive identity development for Alaska Native students, and local, place-based, and culture-based programming are critical to the attainment of educational success and the long-term well-being of Alaska Native students. (6) Improving educational outcomes for Alaska Native students increases access to employment opportunities. (7) The programs and activities authorized under this subpart give priority to Alaska Native organizations as a means of increasing Alaska Native parent and community involvement in the promotion of academic success of Alaska Native students. 7303. Purposes The purposes of this subpart are as follows: (1) To recognize and address the unique educational needs of Alaska Natives. (2) To recognize the role of Alaska Native languages and cultures in the educational success and long-term well-being of Alaska Native students. (3) To integrate Alaska Native cultures and languages into education, develop Alaska Native students’ positive identity, and support local place-based and culture-based curriculum and programming. (4) To authorize the development, management, and expansion of effective supplemental educational programs to benefit Alaska Natives. (5) To provide direction and guidance to appropriate Federal, State, and local agencies to focus resources, including resources made available under this subpart, on meeting the educational needs of Alaska Natives. (6) To ensure the maximum participation by Alaska Native educators and leaders in the planning, development, management, and evaluation of programs designed to serve Alaska Natives students, and to ensure Alaska Native organizations play a meaningful role in supplemental educational services provided to Alaska Native students. 7304. Program authorized (a) General authority (1) Grants and contracts The Secretary is authorized to make grants to, or enter into contracts with, Alaska Native organizations, State educational agencies, local educational agencies, educational entities with experience in developing or operating Alaska Native educational programs or programs of instruction conducted in Alaska Native languages, cultural and community-based organizations with experience in developing or operating programs to benefit the educational needs of Alaska Natives, and consortia of organizations and entities described in this paragraph, to carry out programs that meet the purposes of this subpart. (2) Additional requirement A State educational agency, local educational agency, educational entity with experience in developing or operating Alaska Native educational programs or programs of instruction conducted in Alaska Native languages, cultural and community-based organization with experience in developing or operating programs to benefit the educational needs of Alaska Natives, or consortium of such organizations and entities is eligible for an award under this subpart only as part of a partnership involving an Alaska Native organization. (3) Mandatory activities Activities provided through the programs carried out under this subpart shall include the following: (A) The development and implementation of plans, methods, and strategies to improve the education of Alaska Natives. (B) The collection of data to assist in the evaluation of the programs carried out under this subpart. (4) Permissible activities Activities provided through programs carried out under this subpart may include the following: (A) The development of curricula and programs that address the educational needs of Alaska Native students, including the following: (i) Curriculum materials that reflect the cultural diversity, languages, history, or the contributions of Alaska Natives. (ii) Instructional programs that make use of Alaska Native languages and cultures. (iii) Networks that develop, test, and disseminate best practices and introduce successful programs, materials, and techniques to meet the educational needs of Alaska Native students in urban and rural schools. (B) Training and professional development activities for educators, including the following: (i) Pre-service and in-service training and professional development programs to prepare teachers to develop appreciation for and understanding of Alaska Native cultures, values, and ways of knowing and learning in order to effectively address the cultural diversity and unique needs of Alaska Native students. (ii) Recruitment and preparation of teachers who are Alaska Native. (iii) Programs that will lead to the certification and licensing of Alaska Native teachers, principals, and superintendents. (C) Early childhood education activities, including— (i) the development and operation of home instruction programs for Alaska Native preschool children, to ensure the active involvement of parents in their children's education from the earliest ages; (ii) activities carried out through Head Start programs carried out under the Head Start Act, including the training of teachers for programs described in this subparagraph; and (iii) other early learning and preschool programs. (D) Family literacy activities. (E) The development and operation of student enrichment programs, including those in science, technology, engineering, and mathematics that— (i) are designed to prepare Alaska Native students to excel in such subjects; (ii) provide appropriate support services to the families of such students that are needed to enable such students to benefit from the programs; and (iii) include activities that recognize and support the unique cultural and educational needs of Alaska Native children, and incorporate appropriately qualified Alaska Native elders and other tradition bearers. (F) Research and data collection activities to determine the educational status and needs of Alaska Native children and adults. (G) Other research and evaluation activities related to programs carried out under this subpart. (H) Remedial and enrichment programs to assist Alaska Native students to be college or career ready upon graduation from high school. (I) Parenting education for parents and caregivers of Alaska Native children to improve parenting and caregiving skills (including skills relating to discipline and cognitive development), including parenting education provided through in-home visitation of new mothers. (J) Culturally based education programs designed and provided by an entity with demonstrated experience in— (i) providing programs of study, both on site and in local schools, to share the rich and diverse cultures of Alaska Native peoples among youth, elders, teachers, and the larger community; (ii) instructing Alaska Native youth in leadership, communication, and Native culture, arts, and languages; (iii) increasing the high school graduation rate of Alaska Native students who are served by the program; (iv) providing instruction in Alaska Native history and ways of living to students and teachers in the local school district; (v) providing intergenerational learning and internship opportunities to Alaska Native youth and young adults; and (vi) providing cultural immersion activities aimed at Alaska Native cultural preservation. (K) A statewide on-site exchange program, for both students and teachers, involving schools and culture camps that demonstrates effectiveness in facilitating cultural relationships between urban and rural Alaskans to build mutual respect and understanding, and foster a statewide sense of common identity through host family, school, and community cross-cultural immersion. Any grant to carry out this subparagraph shall be awarded by the Secretary on a competitive basis. (L) Education programs for at-risk urban Alaska Native students in kindergarten through grade 12 operated by tribes or tribal organizations that have demonstrated experience in increasing graduation rates among such students and that— (i) include culturally-informed curriculum intended to preserve and promote Alaska Native culture; (ii) partner effectively with the local school district by providing a school-within-a-school program model; (iii) provide high-quality academic instruction, small classroom sizes, and social-emotional support for students from elementary school through high school, including residential support; (iv) work with parents to increase parental involvement in their students’ education; (v) have a proven track record of improving academic proficiency and increasing graduation rates; (vi) provide college preparation and career planning; and (vii) incorporate a strong data collection and continuous evaluation component at all levels of the program. (M) A statewide program that has demonstrated effectiveness in providing technical assistance and support to schools and communities to engage adults in promoting the academic progress and overall well-being of Alaska Native people through strengths-based approaches to child and youth development, positive youth-adult relationships, improved conditions for learning (such as school climate and student connection to school and community), and increased connections between schools and families. (N) Career preparation activities to enable Alaska Native children and adults to prepare for meaningful employment, including programs providing tech-prep, mentoring, training, and apprenticeship activities. (O) Provision of operational support and purchasing of equipment, to develop regional vocational schools in rural areas of Alaska, including boarding schools, for Alaska Native students in grades 9 through 12, or at higher levels of education, to provide the students with necessary resources to prepare for skilled employment opportunities. (P) Regional leadership academies that demonstrate effectiveness in building respect, understanding, and fostering a sense of Alaska Native identity to promote Alaska Native students' pursuit of, and success in, completing higher education or career training. (Q) Other activities, consistent with the purposes of this subpart, to meet the educational needs of Alaska Native children and adults. (5) Home instruction programs Home instruction programs for Alaska Native preschool children carried out under paragraph (4)(C)(i) may include the following: (A) Programs for parents and their infants, from the prenatal period of the infant through age 3. (B) Preschool programs. (C) Training, education, and support for parents in such areas as reading readiness, observation, story telling, and critical thinking. (b) Limitation on administrative costs Not more than 5 percent of funds provided to an award recipient under this subpart for any fiscal year may be used for administrative purposes. (c) Priorities In selecting applications to receive grants or contracts to carry out activities described in this subpart, the Secretary shall review applications using a point system that gives not less than 15 percent of the total available points to any application from an Alaska Native organization. 7305. Administrative provisions (a) Application required (1) In general The Secretary shall not award a grant or enter into a contract under this subpart unless the Alaska Native organization or entity seeking the grant or contract (either alone or as part of a partnership described in section 7304(a)(2)) submits an application to the Secretary in such form, in such manner, and containing such information as the Secretary may determine necessary to carry out the provisions of this subpart. (2) Requirement for certain applicants An applicant that is a partnership described in section 7304(a)(2) shall, in the application submitted under this subsection— (A) demonstrate that an Alaska Native organization was directly involved in the development of the program for which the applicant seeks funds and explicitly delineate the meaningful role that the Alaska Native organization will play in the implementation and evaluation of the program for which funding is sought; and (B) provide a copy of the Alaska Native organization’s governing document. (b) Consultation required Each applicant for an award under this subpart shall provide for ongoing advice from and consultation with representatives of the Alaska Native community. (c) Local educational agency coordination Each applicant for a grant or contract under this subpart shall inform each local educational agency serving students who may participate in the program to be carried out under the grant or contract about the application described in subsection (a). (d) Continuation awards An applicant that is a partnership described in section 7304(a)(2) that receives funding under this subpart shall periodically demonstrate to the Secretary, during the term of the award, that the applicant is continuing to meet the requirements of subsection (a)(2)(A). 7306. Definitions In this subpart: (1) Alaska native The term Alaska Native Native 43 U.S.C. 1602(b) (2) Alaska native organization The term Alaska Native organization (A) has or commits to acquire expertise in the education of Alaska Natives; and (B) has Alaska Natives in substantive and policymaking positions within the organization. . VIII Impact aid 8001. Purpose Section 8001 ( 20 U.S.C. 7701 challenging State standards college and career ready State academic content and student academic achievement standards under section 1111(a)(1) 8002. Payments relating to Federal acquisition of real property (a) Amendments Section 8002 ( 20 U.S.C. 7702 (1) in subsection (b)(1)(B), by striking 8014(a) 3(bb)(1) (2) in subsection (f)— (A) by aligning the margins of paragraphs (2) and (3) with the margins of paragraph (1); and (B) by striking paragraphs (4) and (5); (3) by striking subsection (g) and inserting the following: (g) Former districts (1) Consolidations For fiscal year 2006 and all succeeding fiscal years, if a local educational agency described in paragraph (2) is formed at any time after 1938 by the consolidation of 2 or more former school districts, the local educational agency may elect to have the Secretary determine its eligibility and any amount for which the local educational agency is eligible under this section for any fiscal year on the basis of 1 or more of those former districts, as designated by the local educational agency. (2) Eligible local educational agencies A local educational agency referred to in paragraph (1) is— (A) any local educational agency that, for fiscal year 1994 or any preceding fiscal year, applied, and was determined to be eligible under section 2(c) of the Act of September 30, 1950 ( Public Law 81–874 (B) a local educational agency formed by the consolidation of 2 or more districts, at least 1 of which was eligible for assistance under this section for the fiscal year preceding the year of consolidation, if— (i) for fiscal years 2006 through 2013, the local educational agency had notified the Secretary of the designation not later than 30 days after the date of enactment of the Strengthening America's Schools Act of 2013; and (ii) for fiscal year 2014, and any subsequent fiscal year, the local educational agency includes the designation in its application under section 8005 or any timely amendment to such application. (3) Availability of funds Notwithstanding any other provision of law limiting the period during which the Secretary may obligate funds appropriated for any fiscal year after 2005, the Secretary may obligate funds remaining after final payments have been made from any of such fiscal years to carry out this subsection. ; (4) in subsection (h)— (A) in the matter preceding paragraph (1), by striking 8014(a) 3(bb)(1) (B) in paragraph (1)(C), by striking 8014(a) 3(bb)(1) (C) in paragraph (2)— (i) in subparagraph (C)(ii), by striking 8014(a) 3(bb)(1) (ii) in subparagraph (D), by striking 8014(a) of this title 3(bb)(1) (5) by striking paragraph (1) of subsection (i) and inserting the following: (1) In general The calculation of the foundation payment under subsection (h)(1)(B) for a local educational agency described in paragraph (2) of this subsection shall be equal to 90 percent of the payment received in fiscal year 2005, for fiscal year 2009 and each succeeding fiscal year. ; (6) by striking subsections (k) and (m); (7) by redesignating subsections (l) and (n) as subsections (j) and (k), respectively; (8) in subsection (j) (as redesignated by paragraph (7)), in the matter preceding paragraph (1), by striking (h)(4)(B) (h)(3) (9) by adding at the end the following: (l) Records The Secretary may base a determination of eligibility under subsection (a)(1) on original records (including facsimiles or other reproductions of those records) documenting the assessed value of real property, prepared by a legally authorized official as of the time of the Federal acquisition, or other records that the Secretary determines to be appropriate and reliable, including Federal agency records or local historical records. . (b) Effective date Notwithstanding section 5(d), this section, and the amendments made by this section, shall take effect with respect to applications submitted under section 8002 of the Elementary and Secondary Education Act of 1965 on or after the date of enactment of this Act. 8003. Payments for eligible federally connected children Section 8003 ( 20 U.S.C. 7703 (1) in subsection (a)— (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting after of such agency (including those children enrolled in a State that has a State open enrollment policy but not including children enrolled in a distance learning program who are not residing within the geographic boundaries of the agency) (B) in paragraph (5)(A), by striking 1984, or under lease of off-base property under subchapter IV of chapter 169 10 U.S.C. 2871 et seq. (2) in subsection (b)— (A) in each of paragraphs (1)(A) and (2)(A)(i), by striking 8014(b) 3(bb)(2) (B) in paragraph (2)— (i) in subparagraph (B)— (I) in the subparagraph heading, by striking continuing (II) by striking clauses (i) and (ii) and inserting the following: (i) In general A heavily impacted local educational agency is eligible to receive a basic support payment under subparagraph (A) with respect to a number of children determined under subsection (a)(1) if the agency— (I) is a local educational agency whose boundaries are the same as a Federal military installation, or whose boundaries are the same as island property designated by the Secretary of the Interior to be property that is held in trust by the Federal Government, and that has no taxing authority; (II) is a local educational agency that— (aa) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 45 percent; (bb) has a per-pupil expenditure that is less than— (AA) for an agency that has a total student enrollment of 500 or more students, 125 percent of the average per-pupil expenditure of the State in which the agency is located; or (BB) for an agency that has a total student enrollment of less than 500 students, 150 percent of the average per-pupil expenditure of the State in which the agency is located, or the average per-pupil expenditure of 3 or more comparable local educational agencies in the State in which the agency is located; and (cc) is an agency that— (AA) has a tax rate for general fund purposes that is not less than 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State; or (BB) was eligible to receive a payment under this subsection for fiscal year 2012 and is located in a State that by State law has eliminated ad valorem tax as a revenue source for local educational agencies; (III) is a local educational agency that has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency which is not less than 30 percent, and has a tax rate for general fund purposes which is not less than 125 percent of the average tax rate for general fund purposes for comparable local educational agencies in the State; or (IV) is a local educational agency that has a total student enrollment of not less than 25,000 students, of which not less than 50 percent are children described in subsection (a)(1) and not less than 5,500 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1). (ii) Loss of eligibility (I) In general A heavily impacted local educational agency that met the requirements of clause (i) for a fiscal year shall be ineligible to receive a basic support payment under subparagraph (A) if the agency fails to meet the requirements of such clause for the subsequent fiscal year, except that such agency shall continue to receive a basic support payment under this paragraph for the fiscal year for which the ineligibility determination is made. (II) Exception Notwithstanding subclause (I) and clause (i), a local educational agency that obtains eligibility for a basic support payment under subparagraph (A) by meeting the requirements of clause (i)(II) for a fiscal year and, for the subsequent fiscal year, meets all of the requirements of such clause except for the requirement of item (cc) of such clause, shall be eligible to receive a basic support payment under subparagraph (A). If, for the next subsequent fiscal year, such local educational agency again fails to meet the requirement of such item (cc), the local educational agency shall be ineligible to receive a basic support payment under subparagraph (A), except that such agency shall continue to receive a basic support payment under this paragraph for the fiscal year for which the ineligibility determination is made. ; and (III) by adding at the end the following: (iv) Special rule Notwithstanding clause (i)(II)(aa), a local educational agency shall be considered eligible to receive a basic support payment under subparagraph (A) with respect to the number of children determined under subsection (a)(1) for a fiscal year if the agency— (I) has an enrollment of children described in subsection (a)(1), including, for purposes of determining eligibility, those children described in subparagraphs (F) and (G) of such subsection, that constitutes a percentage of the total student enrollment of the agency that is not less than 35 percent; (II) was eligible to receive assistance under this paragraph for fiscal year 2001; and (III) meets the requirements of items (bb) and (cc) of clause (i)(II) for the fiscal year for which the determination is being made. (v) Application With respect to the first fiscal year for which a heavily impacted local educational agency described in clause (i) applies for a basic support payment under subparagraph (A), or with respect to the first fiscal year for which a heavily impacted local educational agency applies for a basic support payment under subparagraph (A) after becoming ineligible under clause (i) for 1 or more preceding fiscal years, the agency shall apply for such payment at least 1 year prior to the start of that first fiscal year. ; (ii) by striking subparagraphs (C) and (D) and inserting the following: (C) Maximum amount for heavily impacted local educational agencies (i) In general Except as provided for in subparagraph (D), the maximum amount that a heavily impacted local educational agency is eligible to receive under this paragraph for any fiscal year is the sum of the total weighted student units, as computed under subsection (a)(2) and subject to clause (ii), multiplied by the greater of— (I) four-fifths of the average per-pupil expenditure of the State in which the local educational agency is located for the third fiscal year preceding the fiscal year for which the determination is made; or (II) four-fifths of the average per-pupil expenditure of all of the States for the third fiscal year preceding the fiscal year for which the determination is made. (ii) Special rules (I) Calculations for local educational agencies with large numbers of certain eligible children (aa) In general In the case of a local educational agency with respect to which 35 percent or more of the total student enrollment of the schools of the agency are children described in subparagraph (D) or (E) of subsection (a)(1), and that has an enrollment of children described in subparagraph (A), (B), or (C) of such subsection equal to at least 10 percent of the agency's total enrollment, the Secretary shall calculate the weighted student units of the children described in subparagraph (D) or (E) of such subsection by multiplying the number of such children by a factor of 0.55. (bb) Exception Notwithstanding item (aa), any local educational agency that received a payment under this clause for fiscal year 2006, shall not be required to have an enrollment of children described in subparagraph (A), (B), or (C) of subsection (a)(1) equal to at least 10 percent of the agency's total enrollment for purposes of item (aa). (II) Calculations for local educational agencies with small numbers of eligible children For a local educational agency that has an enrollment of 100 or fewer children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.75. (III) Calculations for certain other local educational agencies For a local educational agency that does not qualify under paragraph (2)(B)(i)(I) and has an enrollment of more than 100 but not more than 1,000 children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.25. (D) Maximum amount for large heavily impacted local educational agencies (i) Applicable formula (I) In general Subject to clause (ii), the maximum amount that a heavily impacted local educational agency described in subclause (II) is eligible to receive under this paragraph for any fiscal year shall be determined in accordance with the formula described in paragraph (1)(C). (II) Large heavily impacted local educational agencies A heavily impacted local educational agency described in this subclause is a local educational agency that has a total student enrollment of not less than 25,000 students, of which not less than 50 percent are children described in subsection (a)(1) and not less than 5,500 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1). (ii) Factor For purposes of calculating the maximum amount described in clause (i), the factor used in determining the weighted student units under subsection (a)(2) with respect to children described in subparagraphs (A) and (B) of subsection (a)(1) shall be 1.35. ; (iii) by striking subparagraph (E); (iv) by redesignating subparagraphs (F) through (H) as subparagraph (E) through (G), respectively; (v) in subparagraph (E) (as redesignated by clause (iv))— (I) by striking clause (ii); (II) by striking ; and (III) by striking the Secretary shall use the Secretary shall use (vi) in subparagraph (F) (as redesignated by clause (iv)), in the matter preceding clause (i), by striking (C)(i)(II)(bb) (B)(i)(II)(bb) (vii) in subparagraph (G) (as redesignated by clause (iv))— (I) in clause (i)— (aa) by striking (B), (C), (D), or (E), (B), (C), or (D), (bb) by striking by reason of due to (cc) by inserting after clause (iii), or as the direct result of base realignment and closure or modularization as determined by the Secretary of Defense, force structure change, or force relocation, (dd) by inserting before the period at the end the following: or during such time as activities associated with base realignment and closure, modularization, force structure change, or force relocation are ongoing (II) in clause (ii), by striking (D) or (E) (C) or (D) (viii) by adding at the end the following: (H) Special rule The Secretary shall— (i) deem each local educational agency that received a fiscal year 2009 basic support payment for heavily impacted local educational agencies under this paragraph as eligible to receive a basic support payment for heavily impacted local educational agencies under this paragraph for each of fiscal years 2011, 2012, 2013, and 2014; and (ii) make a payment to such local educational agency under such section for each of fiscal years 2011, 2012, 2013, and 2014. (I) Continued eligibility for a heavily impacted local educational agency entering into an intergovernmental cooperative agreement with a State educational agency For any fiscal year, a heavily impacted local educational agency that received a basic support payment under this paragraph for the fiscal year prior to the fiscal year for which such local educational agency entered into an intergovernmental cooperative agreement with a State educational agency shall remain eligible to receive a basic support payment under this paragraph for the duration of the intergovernmental cooperative agreement, but in no case for more than 5 years. ; and (C) in paragraph (3)— (i) in subparagraph (A), by striking 8014(b) 3(bb)(2) (ii) in subparagraph (B)— (I) by redesignating clause (iv) as clause (v); and (II) by inserting after clause (iii) the following: (iv) In the case of a local educational agency that is providing a program of distance learning to children not residing within the geographic boundaries of the agency, the Secretary shall disregard such children from such agency's total enrollment when calculating the percentage under clause (i)(I) and shall disregard any funds received for such children when calculating the total current expenditures attributed to the operation of such agency when calculating the percentage under clause (i)(II). ; (iii) in subparagraph (C), by striking subparagraph (D) or (E) of paragraph (2), as the case may be paragraph (2)(D) (iv) by striking subparagraph (D) and inserting the following: (D) Ratable distribution (i) In general For each fiscal year described in subparagraph (A) for which the sums appropriated under section 3(bb)(2) exceed the amount required to pay each local educational agency 100 percent of the local educational agency’s threshold payment under subparagraph (B) or (C), the Secretary shall distribute such excess sums to each eligible local educational agency that has not received the agency’s maximum payment amount computed under paragraph (1) or (2) (as the case may be) by multiplying— (I) a percentage, the denominator of which is the difference between the maximum payment amount computed under paragraph (1) or (2) (as the case may be) for all local educational agencies and the amount of the threshold payment (as calculated under subparagraphs (B) and (C)) of all local educational agencies, and the numerator of which is the aggregate amount of funds appropriated under section 3(bb)(2) that exceeds the amount of such threshold payments for all local educational agencies; by (II) the difference between the maximum payment amount computed under paragraph (1) or (2) (as the case may be) for the agency and the amount of the threshold payment as calculated under subparagraphs (B) and (C) for the agency. (ii) Insufficient payments For each fiscal year described in subparagraph (A) for which the sums appropriated under section 3(bb)(2) are insufficient to pay each local educational agency all of the local educational agency’s threshold payment described in clause (i), the Secretary shall ratably reduce the payment to each local educational agency under this paragraph. (iii) Increases If the sums appropriated under section 3(bb)(2) are sufficient to increase the threshold payment above the 100 percent threshold payment described in clause (i), then the Secretary shall increase payments on the same basis as such payments were reduced, except no local educational agency may receive a payment amount greater than 100 percent of the maximum payment calculated under this subsection. ; (3) in subsection (c), by amending paragraph (2) to read as follows: (2) Exception Calculation of payments for a local educational agency shall be based on data from the fiscal year for which the agency is making an application for payment if such agency— (A) is newly established by a State, for the first year of operation of such agency only; (B) was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment (as determined by the Secretary in consultation with the Secretary of Defense, the Secretary of the Interior, or the heads of other Federal agencies)— (i) of not less than 10 percent, or 100 students, of children described in— (I) subparagraph (A), (B), (C), or (D) of subsection (a)(1); or (II) subparagraph (F) or (G) of subsection (a)(1), but only to the extent such children are civilian dependents of employees of the Department of Defense or the Department of the Interior; and (ii) that is the direct result of closure or realignment of military installations under the base closure process or the relocation of members of the Armed Forces and civilian employees of the Department of Defense as part of force structure changes or movements of units or personnel between military installations or because of actions initiated by the Secretary of the Interior or the head of another Federal agency; or (C) was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment (as determined by the Secretary)— (i) of not less than 10 percent of children described in subsection (a)(1), or not less than 100 of such children; and (ii) that is the direct result of the closure of a local educational agency that received a payment under paragraph (1) or (2) of subsection (b) in the previous fiscal year. ; (4) in subsection (d)(1), by striking 8014(c) 3(bb)(3) (5) in subsection (e)— (A) by striking paragraphs (1) and (2) and inserting the following: (1) In general Subject to paragraph (2), the total amount the Secretary shall pay a local educational agency under subsection (b)— (A) for fiscal year 2014, shall not be less than 90 percent of the total amount that the local educational agency received under paragraphs (1) and (2) of subsection (b) for fiscal year 2013; (B) for fiscal year 2015, shall not be less than 85 percent of the total amount that the local educational agency received under paragraphs (1) and (2) of subsection (b) for fiscal year 2013; and (C) for fiscal year 2016, shall not be less than 80 percent of the total amount that the local educational agency received under paragraphs (1) and (2) of subsection (b) for fiscal year 2013. ; and (B) by redesignating paragraph (3) as paragraph (2); and (6) by striking subsection (g). 8004. Construction Section 8007 ( 20 U.S.C. 7707 (1) by striking 8014(e) 3(bb)(4) (2) in subsection (a)(2), by adding at the end the following: (C) The agency is eligible under section 8003(b)(2) or is receiving a basic support payment under circumstances described in section 8003(b)(2)(B)(ii). . 8005. Facilities Section 8008(a) ( 20 U.S.C. 7708(a) 8014(f) 3(bb)(5) 8006. Federal administration Section 8010 ( 20 U.S.C. 7710 (1) in subsection (c)(2)(E), by striking under section 8003(b) under this title. (2) in subsection (d)(2), by striking section 8014 section 3(bb) 8007. Definitions Section 8013 ( 20 U.S.C. 7713 (1) in paragraph (1), by striking and Marine Corps Marine Corps, and Coast Guard (2) in paragraph (5)(A)(iii)(II), by striking Stewart B. McKinney Homeless Assistance Act McKinney-Vento Homeless Assistance Act 8008. Conforming amendment Title VIII (20 U.S.C. 7701 et seq.) is amended by striking section 8014. 8009. Eligibility for impact aid payment (a) Local educational agencies Notwithstanding section 8013(9) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7713(9) (b) Computation Notwithstanding any other provision of law, federally connected children (as determined under section 8003(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a))) who are in attendance in the North Shore District 112, Township High School District 113, Glenview Public School District 34, and Glenbrook High School District 225 described in subsection (a), shall be considered to be in attendance in the North Chicago Community Unit School District 187 described in subsection (a) for purposes of computing the amount that the North Chicago Community Unit School District 187 is eligible to receive under subsection (b) or (d) of section 8003 of such Act if— (1) such school districts have entered into an agreement for such students to be so considered and for the equitable apportionment among all such school districts of any amount received by the North Chicago Community Unit School District 187 under such section; and (2) any amount apportioned among all such school districts pursuant to paragraph (1) is used by such school districts only for the direct provision of educational services. 8010. Repeal of sunset under the NDAA amendments to Impact Aid Section 563(c) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (1) in the heading, by striking , implementation, and repeal and implementation (2) in paragraph (1), by striking for a 2-year period (3) by striking paragraph (4). IX General provisions 9101. Definitions (a) In general Section 9101 ( 20 U.S.C. 7801 9101. Definitions Except as otherwise provided, in this Act: (1) Adjusted cohort; entering cohort; transferred into; transferred out (A) Adjusted cohort Subject to clauses (ii) and (iii) of subparagraph (D) and subparagraphs (E) through (G), the term adjusted cohort (i) the sum of— (I) the entering cohort; plus (II) any students that transferred into the cohort in any of grades 9 through 12; minus (ii) any students that are removed from the cohort as described in subparagraph (E). (B) Entering cohort The term entering cohort (C) Transferred into The term transferred into (i) was a first-time student in grade 9 during the same school year as the entering cohort; and (ii) enrolls after the entering cohort is calculated as described in subparagraph (B). (D) Transferred out (i) In general The term transferred out (I) to another school from which the student is expected to receive a regular secondary school diploma; or (II) to another educational program from which the student is expected to receive a regular secondary school diploma. (ii) Confirmation requirements (I) Written verification required The confirmation of a student’s transfer to another school or educational program described in clause (i) requires written verification from the receiving school or program that the student enrolled in the receiving school or program. (II) Lack of confirmation A student who was enrolled, but for whom there is no confirmation of the student having transferred out, shall remain in the cohort as a nongraduate for reporting and accountability purposes under this Act. (iii) Programs not providing credit A student enrolled in a GED or other alternative educational program that does not issue or provide credit toward the issuance of a regular secondary school diploma shall not be considered transferred out and shall remain in the adjusted cohort. (E) Cohort removal To remove a student from a cohort, a school or local educational agency shall require documentation to confirm that the student has transferred out, emigrated to another country, or is deceased. (F) Treatment of other departures and withdrawals A student who was retained in a grade, enrolled in a GED program or other program that provides a recognized equivalent of a secondary school diploma, aged out of a secondary school or secondary school program, or left secondary school for any other reason, including expulsion, shall not be considered transferred out, and shall remain in the adjusted cohort. (G) Special rule For secondary schools that start after grade 9, the entering cohort shall be calculated 1 month after the start of the secondary school’s academic year in the earliest secondary school grade at the secondary school. (2) Advanced Placement or International Baccalaureate course The term Advanced Placement or International Baccalaureate course (A) a course of postsecondary-level instruction provided to middle school or secondary school students, terminating in an Advanced Placement or International Baccalaureate examination; or (B) another highly rigorous, evidence-based, postsecondary preparatory program terminating in— (i) an examination or courses that are widely accepted for credit at institutions of higher education; or (ii) another examination or courses approved by the Secretary. (3) Advanced Placement or International Baccalaureate examination The term Advanced Placement or International Baccalaureate examination (4) Authorizing committees The term authorizing committees (5) Average daily attendance (A) In general Except as provided otherwise by State law or this paragraph, the term average daily attendance (i) the aggregate number of days of attendance of all students during a school year; divided by (ii) the number of days school is in session during that year. (B) Conversion The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data). (C) Special rule If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school served by another local educational agency, the Secretary shall, for the purpose of this Act— (i) consider the child to be in attendance at a school of the agency making the payment; and (ii) not consider the child to be in attendance at a school of the agency receiving the payment. (6) Average per-pupil expenditure The term average per-pupil expenditure (A) without regard to the source of funds— (i) the aggregate current expenditures, during the most recent fiscal year for which satisfactory data are available, of all local educational agencies in the State or, in the case of the United States, for all States (which, for the purpose of this paragraph, means the 50 States and the District of Columbia); plus (ii) any direct current expenditures by the State for the operation of those agencies; divided by (B) the aggregate number of children in average daily attendance to whom those agencies provided free public education during that year. (7) Charter management organization The term charter management organization (8) Child The term child (9) Child with a disability The term child with a disability (10) Conditions for learning The term conditions for learning (A) promote physical, mental, and emotional health; (B) ensure the safety of students and staff; (C) promote social, emotional, and character development; and (D) have the following attributes: (i) Provide opportunities for physical activity and good nutrition. (ii) Are free of violence, harassment, and weapons. (iii) Prevent use and abuse of drugs and controlled substances. (iv) Help staff and students to model positive social and emotional skills. (v) Employ adults who have high expectations for student conduct, character, and academic achievement. (vi) Engage parents and family members in meaningful and sustained ways to promote positive student academic achievement and developmental outcomes. (11) Consolidated local application The term consolidated local application (12) Consolidated local plan The term consolidated local plan (13) Consolidated State application The term consolidated State application (14) Consolidated State plan The term consolidated State plan (15) Core academic subjects The term core academic subjects (16) Covered program The term covered program (A) part A of title I; (B) part C of title I; (C) part D of title I; (D) part A of title II; (E) part A of title III; (F) part B of title IV; and (G) subpart 2 of part B of title VI. (17) Current expenditures The term current expenditures (A) including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities; but (B) not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds received under title I. (18) Department The term Department (19) Developmental delay The term developmental delay 20 U.S.C. 1432 (20) Distance learning The term distance learning (21) Early childhood education program The term early childhood education program 20 U.S.C. 1003 (22) Educational service agency The term educational service agency (23) Elementary school The term elementary school (24) English learner The term English learner (A) who is aged 3 through 21; (B) who is enrolled or preparing to enroll in an elementary school or secondary school; (C) (i) who was not born in the United States or whose native language is a language other than English; (ii) (I) who is a Native American or Alaska Native, or a native resident of the outlying areas; and (II) who comes from an environment where a language other than English has had a significant impact on the individual’s level of English language proficiency; or (iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and (D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual— (i) the ability to meet or exceed the State student academic achievement standards under section 1111(a)(1) in a subject for the individual's grade level, as determined based on the State academic assessments described in section 1111(a)(2); (ii) the ability to successfully achieve in classrooms where the language of instruction is English; or (iii) the opportunity to participate fully in society. (25) Evidence-based The term evidence-based (A) based on a comprehensive, unbiased review and weighing of 1 or more evaluation studies that— (i) have been carried out consistent with the principles of scientific research; (ii) have strong internal and external validity; and (iii) support the direct attribution of 1 or more outcomes to the program, practice, or policy; or (B) in the absence of any study described in subparagraph (A), based on a comprehensive, unbiased review and weighing of data analysis, research, or 1 or more evaluation studies of relevant programs, practices, or policies, that— (i) were carried out consistent with the principles of scientifically based research; and (ii) are accompanied by strategies to generate more robust evidence over time through research, evaluation, and data analysis, including— (I) the measurement of performance with reliable process and outcome indicators; and (II) the implementation of evaluations with strong internal and external validity where feasible and appropriate. (26) Expanded learning time The term expanded learning time (A) instruction in core academic subjects; (B) instruction in other subjects and enrichment and other activities that contribute to a well-rounded education, including music and the arts, physical education, and experiential and work-based learning; and (C) instructional and support staff to collaborate, plan, and engage in professional development, including on family and community engagement, within and across grades and subjects. (27) Family literacy activities The term family literacy activities (A) are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable improvements in the literacy rates of a family; (B) better enable parents to support their children’s learning needs; and (C) integrate all of the following activities: (i) Parent adult education and literacy activities that lead to readiness for postsecondary education or training, career advancement, and economic self-sufficiency. (ii) Interactive literacy activities between parents and their children. (iii) Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children. (iv) Age-appropriate education to prepare children for success in school and life experiences. (28) Family member The term family member (29) Former english learner The term former English learner (30) Free public education The term free public education (A) at public expense, under public supervision and direction, and without tuition charge; and (B) as elementary or secondary education, as determined under State law, except that, notwithstanding State law, such term— (i) includes preschool education; and (ii) does not include any education provided beyond grade 12. (31) Gifted and talented The term gifted and talented (32) Graduation rates The term graduation rates (A) A 4-year adjusted cohort graduation rate for a school year, defined as the percent obtained by calculating the product of— (i) the result of— (I) the number of students who— (aa) formed the adjusted cohort 4 years earlier; and (bb) graduate in 4 years or less with a regular secondary school diploma; divided by (II) the number of students who formed the adjusted cohort for that year’s graduating class 4 years earlier; multiplied by (ii) 100. (B) A cumulative graduation rate for a school year, defined as the percent obtained by calculating the product of— (i) the result of— (I) the sum of— (aa) the number of students who— (AA) form the adjusted cohort for that year's graduating class; and (BB) graduate in an extended 4-year period with a regular secondary school diploma; plus (bb) the number of additional students from previous cohorts who graduate with a regular secondary school diploma by the end of the school year in— (AA) more than 4 years but not more than 6 years; or (BB) before exceeding the age for eligibility for a free appropriate public education (as defined in section 602 of the Individuals with Disabilities Education Act) under State law; divided by (II) the sum of— (aa) the number of students who form the adjusted cohort for that year’s graduating class; plus (bb) the number of additional student graduates described in subclause (I)(bb); multiplied by (ii) 100. (33) High school The term high school (A) grants a diploma, as defined by the State; and (B) includes, at least, grade 12. (34) Highly qualified teacher (A) In general The term highly qualified teacher (i) with respect to any public elementary school, middle school, or high school teacher teaching in a State, a teacher who— (I) (aa) has obtained State certification as a teacher (including certification obtained through alternative routes to certification) or passed the State teacher licensing examination, and holds a license to teach in the State, except that when used with respect to any teacher teaching in a charter school, the term means that the teacher meets the requirements set forth in the State’s charter school law; or (bb) has passed a rigorous State test for subject matter knowledge and is making satisfactory progress towards obtaining full certification or licensure within 3 years through participation in a high-quality, State-approved alternative certification program; and (II) has not had certification or licensure requirements waived on an emergency, temporary, or provisional basis; (ii) with respect to— (I) an elementary school teacher who is new to the profession, that the teacher holds at least a bachelor’s degree and— (aa) if teaching more than a single subject, has demonstrated, by receiving a passing score on a rigorous State test, subject knowledge and teaching skills in reading, writing, mathematics, and other areas of the basic elementary school curriculum (which may consist of passing a State-required certification or licensing test or tests in reading, writing, mathematics, and other areas of the basic elementary school curriculum); or (bb) if teaching a single subject, meets either the requirement in item (aa) or (bb) of subclause (II); and (II) a middle school or high school teacher who is new to the profession, that the teacher holds at least a bachelor’s degree and has demonstrated a high level of competency in each of the academic subjects in which the teacher teaches by— (aa) receiving a passing score on a rigorous State academic subject test in each of the academic subjects in which the teacher teaches (which may consist of a passing level of performance on a State-required certification or licensing test or tests in each of the academic subjects the teacher teaches); or (bb) successful completion, in each of the academic subjects in which the teacher teaches, of an academic major, a graduate degree, coursework equivalent to an undergraduate academic major, or advanced certification or credentialing; and (iii) with respect to an elementary school, middle school, or high school teacher who is not new to the profession, that the teacher holds at least a bachelor’s degree and— (I) has met the applicable standard in subclause (I) or (II) of clause (ii), which includes an option for a test; or (II) demonstrates competence in all the academic subjects in which the teacher teaches based on a high objective uniform State standard of evaluation, which may include multiple subjects, that— (aa) is set by the State for both grade-appropriate academic subject-matter knowledge and teaching skills; (bb) is aligned with State academic content and student academic achievement standards under section 1111(a)(1) and developed in consultation with core content specialists, teachers, principals, and school administrators; (cc) provides objective, coherent information about the teacher’s attainment of core content knowledge in the academic subjects in which a teacher teaches; (dd) is applied uniformly to all teachers in the same academic subject and the same grade level throughout the State; (ee) takes into consideration, but is not based primarily on, the time the teacher has been teaching the academic subject; (ff) is made available to the public on request; and (gg) may involve multiple, objective measures of teacher competency. (B) Special rule Notwithstanding the requirements of subparagraph (A), a State may deem a teacher to be a highly qualified teacher for purposes of this Act, if the teacher is— (i) a teacher with a bachelor’s degree who has received and maintained, for the State in which the teacher teaches, a rating in the highest categories of a professional growth and improvement system; (ii) a teacher in a rural local educational agency, as described in section 6211(d), who teaches multiple subjects, if the teacher is a highly qualified teacher in 1 of the core academic subjects that the teacher teaches and becomes highly qualified in the additional subjects in not more than 3 years by meeting the requirements of clause (ii) or (iii) of subparagraph (A); (iii) a science teacher who holds a broad field science or individual science certification or licensure and whom the State determines is highly qualified for purposes of this paragraph; (iv) a teacher who has been determined to be highly qualified by the State as of the day before the date of enactment of the Strengthening America's Schools Act of 2013; or (v) a teacher who is a participant in an exchange visitor program and whom the State determines is highly qualified for the purposes of this paragraph. (C) Special education teachers The definition of the term highly qualified teacher (35) High-need local educational agency The term high-need local educational agency (A) that serves not fewer than 10,000 children from families with incomes below the poverty line; (B) for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line; or (C) that is in the highest quartile of local educational agencies in the State, based on student poverty. (36) High-need school (A) In general The term high-need school (i) an elementary school or middle school in which not less than 50 percent of the enrolled students are children from low-income families; or (ii) a high school in which not less than 40 percent of the enrolled students are children from low-income families, which may be calculated using comparable data from feeder schools. (B) Low-income family For purposes of subparagraph (A), the term low-income family (i) in which the children are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. (ii) receiving assistance under a State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. (iii) in which the children are eligible to receive medical assistance under the Medicaid program. (37) Institution of higher education The term institution of higher education Higher Education Act of 1965 (38) Leading indicators The term leading indicators (A) average student attendance rates; (B) teacher attendance rates; (C) on-time grade promotion; (D) credit accumulation rates; (E) expulsion, suspension, violence, and harassment rates; (F) teacher retention and turnover rates; (G) percentage of students failing a core, credit-bearing course; and (H) entrance and placement examinations, and preparation courses, for postsecondary education. (39) Local educational agency (A) In general The term local educational agency (B) Administrative control and direction The term includes any other public institution or agency having administrative control and direction of a public elementary school or secondary school. (C) Bureau of Indian Education schools The term includes an elementary school or secondary school funded by the Bureau of Indian Education but only to the extent that including the school makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the school does not have a student population that is smaller than the student population of the local educational agency receiving assistance under this Act with the smallest student population, except that the school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Education. (D) Educational service agencies The term includes educational service agencies and consortia of those agencies. (E) State educational agency The term includes the State educational agency in a State in which the State educational agency is the sole educational agency for all public schools. (40) Magnet school The term magnet school (41) Multi-tier system of supports The term multi-tier system of supports (42) Mutual consent The term mutual consent (A) the principal or hiring team and the teacher agree to the placement at a school; (B) the principal or hiring team selects teachers for the school from an unrestricted pool of internal and external candidates based on an assessment of the qualifications of the individual candidates; and (C) the local educational agency ensures that other schools served by the local educational agency are not being forced to accept teachers displaced from persistently low-achieving schools. (43) Native american and native american language The terms Native American Native American language (44) Outlying area The term outlying area (A) means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands; (B) means the Republic of Palau, to the extent permitted under section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 (C) for the purpose of any discretionary grant program under this Act, includes the Republic of the Marshall Islands and the Federated States of Micronesia, to the extent permitted under section 105(f)(1)(B)(viii) of the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 (45) Parent The term parent (46) Positive behavioral interventions and supports The term positive behavioral interventions and supports (47) Poverty line The term poverty line (48) Professional development The term professional development (A) are designed and implemented to improve student achievement and classroom practice; (B) are aligned with— (i) State academic content standards and student academic achievement standards developed under section 1111(a)(1); (ii) related academic and school improvement goals of the school, local educational agency, and, as appropriate, statewide and local curricula; and (iii) rigorous teaching standards; (C) increase educators’— (i) knowledge and understanding about how students learn; (ii) academic content knowledge; (iii) ability to analyze student work and achievement data from multiple sources, including how to adjust instructional strategies, assessments, and materials based on such analysis; and (iv) ability to instruct students with disabilities and English learners so that they are able to meet the State academic content standards and student academic achievement standards; (D) are informed by, and aligned with, such educators’ evaluations under the applicable professional growth and improvement system; (E) are job-embedded, ongoing, collaborative, data-driven, and classroom-focused; and (F) are, as appropriate— (i) designed to provide educators with the knowledge and skills to work more effectively with parents and families; and (ii) provided jointly for school staff and other early childhood education program providers, where applicable, to address the transition to elementary school, including issues related to school readiness across all major domains of early learning. (49) Professional growth and improvement system (A) In general The term professional growth and improvement system (i) provides meaningful feedback to teachers and principals on the results of their evaluation; (ii) establishes multiple categories of teacher and principal performance to ensure that the evaluation provides meaningful differentiation and is aligned with student academic achievement results; (iii) evaluates teachers and principals regularly consistent with research and best practices, including by using multiple measures; (iv) is directly aligned with professional development activities; (v) is developed and implemented with teacher and principal involvement; (vi) provides training for the evaluators who are responsible for conducting classroom and school level observations; (vii) for principals— (I) is based in significant part on evidence of improved student academic achievement and growth and student outcomes, including the English language proficiency of English learner students, and evidence of providing strong instructional leadership and support to teachers and other staff; and (II) may include other measures of principal performance such as parent and family engagement; and (viii) for teachers, is based in significant part on each of the following: (I) Evidence of improved student academic achievement and growth that is limited to evidence-based or externally validated measures. (II) Observations of classroom teaching. (III) Other measures that inform teacher performance, which may include student perception surveys. (B) Rules of construction Nothing in this paragraph shall be construed to— (i) require a State or local educational agency to change the components of a teacher and principal evaluation system that has been approved by the Secretary pursuant to the Secretary's waiver authority under section 9401 on the day before the date of enactment of the Strengthening America's Schools Act of 2013; or (ii) 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. (50) Regular secondary school diploma (A) In general The term regular secondary school diploma (B) Exception for students with significant cognitive disabilities For a student who has a significant cognitive disability and is assessed using an alternate assessment aligned to alternate academic achievement standards under section 1111(a)(1)(D), receipt of a regular secondary school diploma or a State-defined alternate diploma aligned with completion of the student's right to a free appropriate public education under the Individuals with Disabilities Education Act shall be counted as graduating with a regular secondary school diploma for the purposes of this Act, except that not more than 1 percent of students served by a State or a local educational agency, as appropriate, shall be counted as graduates with a regular secondary school diploma under this subparagraph. (51) Scientifically based research The term scientifically based research (A) means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs; and (B) includes research that— (i) employs systematic, empirical methods that draw on observation or experiment; (ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; (iii) relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators; (iv) is evaluated using experimental or quasi-experimental designs in which individuals, entities, programs, or activities are assigned to different conditions and with appropriate controls to evaluate the effects of the condition of interest, with a preference for random-assignment experiments, or other designs to the extent that those designs contain within-condition or across-condition controls; (v) ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to build systematically on their findings; and (vi) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review. (52) Scientifically valid research The term scientifically valid research (53) Secondary school The term secondary school (54) Secretary The term Secretary (55) Specialized instructional support personnel; specialized instructional support services (A) Specialized instructional support personnel The term specialized instructional support personnel (B) Specialized instructional support services The term specialized instructional support services (56) State The term State (57) State advisory council on early childhood education and care The term State Advisory Council on Early Childhood Education and Care (58) State educational agency The term State educational agency (59) Student with interrupted formal education The term student with interrupted formal education (A) enrolled in a United States school after grade 2; (B) has completed successfully 2 or more years less of schooling than students of the same age; (C) performs 2 years or more below grade level, as measured by State college and career ready student academic achievement standards; and (D) is preliterate in such student’s first language. (60) Teacher mentoring The term teacher mentoring (A) includes clear criteria for the selection of mentors that takes into account the mentor’s— (i) effectiveness; and (ii) ability to facilitate adult learning; (B) provides high-quality training for mentors in how to support teachers or principals effectively; (C) provides regularly scheduled time for collaboration, examination of student work and achievement data, and ongoing opportunities for mentors and mentees to observe each other’s teaching or leading, and identify and address areas for improvement; and (D) matches mentees with mentors in the same field, grade, grade span, or subject area. (61) Teacher of English learners The term teacher of English learners (A) teaches students who are identified as English learners; (B) has as a primary role to support English learners with English language acquisition; and (C) is responsible for tracking the progress toward English proficiency of English learners. (62) Turnaround partner The term turnaround partner (63) Universal design for learning The term universal design for learning (64) Young child The term young child . (b) Conforming amendments The Act ( 20 U.S.C. 6301 et seq. (1) in section 1604(b) (20 U.S.C. 6574(b)), as redesignated by section 1601(a)(3) of this Act, by striking the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate the authorizing committees (2) in section 9401(e)(4) (20 U.S.C. 7861(e)(4)), by striking the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate the authorizing committees 9102. Unsafe school choice option Section 9532(a) (20 U.S.C. 7912(a)) is amended by striking attending victim of who is threatened with, or becomes a victim of, 9103. Geographic diversity Subpart 2 of part E of title IX ( 20 U.S.C. 7901 et seq. 9537. Geographic diversity When awarding grants on a competitive basis under this Act, the Secretary shall ensure geographic diversity. . 9104. Evaluation authority Section 9601 (20 U.S.C. 7941) is amended to read as follows: 9601. Evaluation authority (a) Reservation of funds Except as provided in subsection (b), the Secretary may reserve not less than 1 percent and not more than 3 percent of the amount appropriated to carry out each categorical program and demonstration project authorized under this Act. The reserved amounts shall be used by the Secretary, acting through the Director of the Institute of Education Sciences, to— (1) conduct— (A) comprehensive, high-quality evaluations of the program or project that— (i) provide information to inform policy-making and to support continuous program improvement; and (ii) use methods appropriate for the questions being asked; and (B) impact evaluations that employ experimental or quasi-experimental designs, where practicable and appropriate, and other rigorous methodologies that permit the strongest possible causal inferences; (2) provide technical assistance to grant recipients on— (A) the conduct of the evaluation activities that the grantees carry out under this Act; and (B) the collection and reporting of performance data relating to the program or project; (3) evaluate the aggregate short- and long-term effects and cost efficiencies across Federal programs assisted or authorized under this Act and related Federal preschool, elementary, and secondary programs under any other Federal law; (4) increase the usefulness of evaluations of grant recipients in order to ensure the continuous progress of the program or project by improving the quality, timeliness, efficiency, dissemination, and use of information relating to performance under the program or project; and (5) identify and disseminate research and best practices related to the programs and projects authorized under this Act to build the evidence base for the programs and projects that effectively meet the goals of this Act. (b) Title I The Secretary shall reserve under subsection (a) 1 percent of the funds appropriated to carry out title I. (c) Evaluation plan Beginning not later than 1 year after the date of enactment of the Strengthening America's Schools Act of 2013, the Secretary shall annually develop and submit to Congress a plan that— (1) describes the timeline for evaluation of the programs and projects authorized under this Act; and (2) describes the specific evaluation activities that the Secretary intends to carry out for such programs and projects during the next year. (d) Evaluation activities authorized elsewhere If, under any other provision of this Act (other than title I), funds are authorized to be reserved or used for evaluation activities with respect to a program or project, the Secretary may not reserve additional funds under this section for the evaluation of that program or project. (e) Special rule regarding allocation for impact evaluations The Secretary shall use not less than 30 percent of the funds reserved under this section for each of the fiscal years 2014 through 2019, in the aggregate for each year, for impact evaluations that meet the requirements of subsection (a)(1). . 9105. Conforming amendments (a) Reorganization Title IX ( 20 U.S.C. 7801 et seq. G Miscellaneous provisions . (b) Conforming amendments Title IX (20 U.S.C. 7801 et seq.) is amended— (1) in section 9401 ( 20 U.S.C. 7861 (A) in subsection (b)(1)(C), by striking , in accordance with section 1111(b), (B) in subsection (c)(8), by striking subpart 1 of part B of title V subpart 1 of part D of title V (2) by striking paragraph (1) of section 9501(b) ( 20 U.S.C. 7881(b) (1) In general This section applies to programs under— (A) part C of title I; (B) part A of title II, to the extent provided in paragraph (3); (C) part A of title III; (D) part A of title IV; (E) part B of title IV; (F) part D of title IV; and (G) part F of title IV. ; and (3) in section 9534(b) (20 U.S.C. 7914(b)), by striking part B of title V part D of title V X Commission on Effective Regulation and Assessment Systems for Public Schools 10011. Short title This title may be cited as the Commission on Effective Regulation and Assessment Systems for Public Schools Act 10012. Definitions In this title: (1) Chairperson The term Chairperson (2) Commission The term Commission 10013. Establishment of Commission on Effective Regulation and Assessment Systems for Public Schools (a) In general Not later than 30 days after the date of enactment of this Act, the Secretary shall establish a commission to be known as the Commission on Effective Regulation and Assessment Systems for Public Schools (b) Purpose The Commission shall— (1) examine Federal, State, and local regulatory requirements on elementary and secondary education; (2) make recommendations on how to align and improve such Federal, State, and local requirements to improve performance and innovation; (3) examine the quality and purpose of current Federal, State, and local assessment requirements; and (4) make recommendations to improve and align assessment systems to provide quality and meaningful information for parents, teachers, and students to improve student achievement, teacher performance, and innovation. (c) Membership (1) Composition The Commission shall be composed of— (A) 4 Governors; (B) 6 State legislators; (C) 2 Chief State school officers; (D) 2 State officials responsible for administering Federal education programs; (E) 4 superintendents; (F) 2 principals; (G) 2 teachers; (H) 2 assessment experts; and (I) 2 teacher and principal effectiveness experts. (2) Recommendations The Secretary shall solicit input and nominations for appointing members of the Commission from— (A) Governors; (B) members of Congress; (C) State legislators; (D) superintendents, principals, teachers, and other members of the education community; and (E) parents, students, and other members of the general public. (3) Determination The Secretary shall determine the membership of the Commission after considering recommendations submitted under paragraph (2). (d) Chairperson The Secretary shall designate a Governor as the Chairperson of the Commission. (e) Meetings The Commission shall hold, at the call of the Chairperson, not less than 1 meeting every 6 months. All such meetings shall be open to the public. The Commission may hold, at the call of the Chairperson, such other meetings as the Chairperson sees fit to carry out this title. (f) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Initial meeting The Commission shall hold its first meeting not later than 60 days after the date of enactment of this Act. 10014. Powers of the Commission (a) Hearings (1) In general The Commission shall hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission determines appropriate to carry out this title. (2) Participation In hearings held under this subsection, the Commission shall consider inviting witnesses from, among other groups— (A) teachers; (B) parents; (C) principals; (D) superintendents; (E) Federal, State, and local educational agency personnel; (F) researchers and other experts; and (G) any other individuals determined appropriate by the Commission. (b) Information from Federal agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this title. Upon request of the Chairperson, the head of such department or agency shall furnish such information to the Commission. 10015. Duties of the Commission (a) Duties (1) In general The Commission shall take such actions as it determines necessary to gain a full understanding of the issues of effective regulation and assessment systems for public schools. (2) Areas of emphasis The Commission shall focus— (A) in examining the over-regulation of public schools, on— (i) examining Federal, State, and local regulations governing public schools; (ii) differentiating between financial, programmatic, general education, special education, and civil rights requirements; (iii) identifying which government entity requires each regulation; (iv) measuring the cost of compliance in terms of funds spent on compliance and time in hours and personnel; (v) identifying duplicative, redundant, or unnecessary regulations at each governmental level; and (vi) investigating how Federal, State, and local interpretations of laws and regulations create an additional or unnecessary burden and are used as a rationale for imposing requirements that are not actually mandated by law; and (B) in examining the effective testing of public schools, on— (i) examining Federal, State, and local testing and standardized assessment requirements for public elementary schools, middle schools, and high schools; (ii) determining the purpose and intent of each such test or assessment, including whether it is intended to measure student achievement and growth, teacher and principal effectiveness, or system accountability; (iii) determining the frequency, length, and scheduling of such tests and assessments, and measuring, in hours and days, the student and teacher time spent on testing; (iv) examining standardized assessments required by Federal, State, or local requirements, excluding teacher-created tests and quizzes and formative assessments; (v) reporting on the quality of standardized assessments; (vi) examining reporting practices of test results and the degree to which such results are returned in a timely manner with sufficient quality to be useful to parents, teachers and principals, and students to inform and improve their work, including targeting instruction to student needs, grading student work, and evaluating teacher and principal effectiveness; (vii) analyzing the ability of quality assessments to measure whether a student is prepared to graduate from high school and pursue college or a career without the need for academic remediation; (viii) examining what factors most contribute to quality assessments and the extent to which high-quality assessments can advance student learning; (ix) determining the technology infrastructure required for next generation assessments; and (x) identifying opportunities to improve assessment practices to better promote parent, teacher and principal, and student understanding of progress toward college and career readiness and public understanding of school performance and educational productivity. (3) Samples In conducting its work under this title, the Commission may rely on samples of States and local educational agencies for examples of regulations and testing requirements. (b) Reports (1) In general Subject to paragraph (2), the Commission shall provide regular reports in a manner and form of the Commission's choosing to— (A) the Secretary; and (B) the members of the authorizing committees. (2) Annual report Not later than 1 year after the date of the first meeting of the Commission, and annually thereafter, the Commission shall issue a report to— (A) the Secretary; and (B) the members of the authorizing committees. (3) Public report The Commission shall— (A) prepare a report— (i) analyzing findings of the Commission; and (ii) making recommendations for Federal, State, and local policy makers; and (B) broadly disseminate such report to the general public. (c) Testimony The Chairperson shall annually provide testimony to the authorizing committees. 10016. Commission personnel matters (a) Compensation of members Each member of the Commission 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. (b) Travel expenses The members of the Commission 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 (c) Assistance (1) In general The Assistant Secretary of Elementary and Secondary Education shall provide assistance to the Commission, upon request of the Commission, without reimbursement. (2) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. XI Amendments to other laws; miscellaneous provisions A Amendments to other laws 1 McKinney-Vento Homeless Assistance Act 11011. Short title This subpart may be cited as the McKinney-Vento Homeless Education Reauthorization Act of 2013 11012. Education for homeless children and youth Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq. B Education for homeless children and youth 721. Statement of policy The following is the policy of Congress: (1) Each State shall ensure that each homeless child and youth has access to the same free appropriate public education, including a public preschool education, as is provided to other children and youth. (2) In any State where compulsory residency requirements or other laws, regulations, practices, or policies may act as a barrier to the identification, enrollment, attendance, or success in school of homeless children and youth, the State shall review and revise such laws, regulations, practices, or policies to ensure that homeless children and youth are afforded the same free appropriate public education as is provided to other children and youth. (3) Homelessness is not a sufficient reason to separate students from the mainstream school environment. (4) Homeless children and youth shall have access to the education and other services that such children and youth need to ensure that such children and youth have an opportunity to meet the same college and career ready State student academic achievement standards to which all students are held. 722. Grants for State and local activities for the education of homeless children and youth (a) General authority The Secretary is authorized to make grants to States from allotments made under subsection (c) and in accordance with this section to enable such States to carry out the activities described in subsections (d) through (g). (b) Application In order for a State to be eligible to receive a grant under this section, the State educational agency, in consultation with other relevant State agencies, shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. (c) Allocation and reservations (1) Allocation (A) In general Subject to subparagraph (C), the Secretary is authorized to allot to each State an amount that bears the same ratio to the amount appropriated for such year under section 727 that remains after the Secretary reserves funds under paragraph (2) and uses funds to carry out section 724 (d) and (h), as the amount allocated under section 1122 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6332 (B) Minimum allotments No State shall receive for a fiscal year less under this paragraph than the greater of— (i) $300,000; or (ii) an amount that bears the same ratio to the amount appropriated for such year under section 727 that remains after the Secretary reserves funds under paragraph (2) and uses funds to carry out section 724 (d) and (h), as the amount the State received under this paragraph for the preceding fiscal year bears to the total amount received by all States under this paragraph for the preceding fiscal year. (C) Reduction for insufficient funds If there are insufficient funds in a fiscal year to allot to each State the minimum amount under subparagraph (B), the Secretary shall ratably reduce the allotments to all States based on the proportionate share that each State received under this subsection for the preceding fiscal year. (2) Reservations (A) Students in territories The Secretary is authorized to reserve 0.1 percent of the amount appropriated for each fiscal year under section 727 to be allocated by the Secretary among the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, according to their respective need for assistance under this subtitle, as determined by the Secretary. Funds allocated under this subparagraph shall be used for programs that are consistent with the purposes of the programs described in this subtitle. (B) Indian students (i) Transfer The Secretary shall transfer 1 percent of the amount appropriated for each fiscal year under section 727 to the Department of the Interior for programs that are for Indian students served by schools funded by the Secretary of the Interior, as determined under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. (ii) Agreement The Secretary of Education and the Secretary of the Interior shall enter into an agreement, consistent with the requirements of this subtitle, for the distribution and use of the funds described in clause (i) under terms that the Secretary of Education determines best meet the purposes of the programs described in this subtitle. Such agreement shall set forth the plans of the Secretary of the Interior for the use of the funds transferred, including appropriate goals, objectives, and milestones for that use. (d) State activities Grant funds from a grant made to a State under this section shall be used for the following: (1) To provide activities for and services to improve the identification of homeless children and youth and enable such children and youth to enroll in, attend, and succeed in school, including in early childhood education programs. (2) To establish or designate an Office of the Coordinator for Education of Homeless Children and Youth in the State educational agency in accordance with subsection (f) that has sufficient knowledge, authority, and time to carry out the duties described in this subtitle. (3) To prepare and carry out the State plan described in subsection (g). (4) To develop and implement professional development activities for liaisons designated under subsection (g)(1)(J)(ii), other local educational agency and school personnel, and community agencies— (A) to improve their identification of homeless children and youth; and (B) to improve their awareness of, and capacity to respond to, specific needs in the education of homeless children and youth. (e) State and local subgrants (1) Minimum disbursements by States From the grant funds made available each year to a State under subsection (a) to carry out this subtitle, the State educational agency shall distribute not less than 75 percent by making subgrants under section 723 to local educational agencies for the purposes of carrying out section 723. (2) Use by State educational agency A State educational agency may use any grant funds remaining after making subgrants under section 723 to conduct activities under subsection (f) directly or through making grants or entering into contracts. (3) Prohibition on segregating homeless students In providing a free public education to a homeless child or youth, no State receiving funds under this subtitle shall segregate such child or youth in a separate school, or in a separate program within a school, based on such child's or youth's status as homeless. (f) Functions of the Office of the Coordinator The Coordinator for Education of Homeless Children and Youth established in each State shall— (1) gather and make publicly available reliable, valid, and comprehensive information on— (A) the nature and extent of the problems homeless children and youth have in gaining access to public preschool programs, and to public elementary schools and secondary schools; (B) the difficulties in identifying the special needs and barriers to participation and achievement of such children and youth; (C) any progress made by the State educational agency and local educational agencies in the State in addressing such problems and difficulties; and (D) the success of the programs under this subtitle in identifying homeless children and youth and allowing homeless children and youth to enroll in, attend, and succeed in, school; (2) develop and carry out the State plan described in subsection (g); (3) collect data for and transmit to the Secretary, at such time and in such manner as the Secretary may require, reports containing such information as the Secretary determines is necessary to assess the educational needs of homeless children and youth within the State, including data requested pursuant to section 724(h); (4) improve the provision of comprehensive education and related support services to homeless children and youth and their families, and to minimize educational disruption, through coordination of activities, and collaboration with— (A) educators, including teachers, administrators, special education personnel, and child development and preschool program personnel; (B) providers of services to homeless children and youth and homeless families, public and private child welfare and social services agencies, law enforcement agencies, juvenile and family courts, agencies providing mental health services, domestic violence agencies, child care providers, runaway and homeless youth centers, and providers of services and programs funded under the Runaway and Homeless Youth Act ( 42 U.S.C. 5701 et seq. (C) providers of emergency, transitional, and permanent housing to homeless children and youth, and their families, including public housing agencies, shelter operators, operators of transitional housing facilities, and providers of transitional living programs for homeless youth; (D) local educational agency liaisons designated under subsection (g)(1)(J)(ii) for homeless children and youth; and (E) community organizations and groups representing homeless children and youth and their families; (5) provide professional development and technical assistance to and conduct monitoring of local educational agencies, in coordination with local educational agency liaisons designated under subsection (g)(1)(J)(ii), to ensure that local educational agencies comply with the requirements of paragraphs (3) through (8) of subsection (g), and subsection (e)(3); and (6) make opportunities available for teachers and local educational agency liaisons designated under subsection (g)(1)(J)(ii) to participate in ongoing and relevant professional development programs and activities. (g) State plan (1) In general Each State shall submit to the Secretary and implement a plan to provide for the education of all homeless children and youth within the State. Such plan shall include the following: (A) A description of how such children and youth are (or will be) given the opportunity— (i) to meet the same college and career ready State student academic achievement standards as all students are expected to meet; and (ii) to become college and career ready. (B) A description of the procedures the State educational agency will use, in coordination with local educational agencies, to identify such children and youth in the State and to assess their needs. (C) A description of procedures for the prompt resolution of disputes arising under this subtitle, which shall— (i) be developed in coordination and collaboration with the liaisons designated under subparagraph (J)(ii); (ii) be readily available and provided in a written format and, to the extent practicable, in a manner and form understandable to the parents and guardians of homeless children and youth, and unaccompanied youth; (iii) take into account the educational best interest of the homeless child or youth involved; and (iv) ensure that parents and guardians of homeless children and youth, and unaccompanied youth, who have exhausted the procedures available under this paragraph are able to appeal to the State educational agency, and are enrolled in school pursuant to paragraph (4)(C) and receive transportation pursuant to subparagraph (J)(iii) pending final resolution of the dispute. (D) A description of programs for school personnel (including the liaisons, principals, attendance officers, teachers, enrollment personnel, and specialized instructional support personnel) to increase the awareness of such personnel of the specific needs of homeless adolescents, including runaway and homeless youth. (E) A description of procedures that ensure that homeless children and youth are able to participate in Federal, State, or local nutrition programs. (F) A description of procedures that ensure that— (i) homeless children have access to public preschool programs, administered by the State educational agency or local educational agency, including through the policies and practices required under paragraph (3); (ii) homeless youth, including youth separated from public schools, are identified and accorded equal access to appropriate and available secondary education and support services, including receiving appropriate credit for full or partial coursework satisfactorily completed while attending a prior school, and for work completed after their enrollment in a new school, consistent with State graduation requirements and accreditation standards; and (iii) homeless children and youth who meet the relevant eligibility criteria are able to participate in Federal, State, or local before- and after-school care, magnet schools, summer schools, career and technical education, advanced placement, online learning opportunities, charter school programs, and relevant workforce investment programs. (G) Strategies to address problems identified in the reports provided to the Secretary under subsection (f)(3). (H) Strategies to address other problems with respect to the education of homeless children and youth, including enrollment problems related to— (i) immunization and other required health records and screenings; (ii) residency requirements; (iii) lack of birth certificates, school records, or other documentation; (iv) guardianship issues; or (v) uniform or dress code requirements. (I) A demonstration that the State educational agency, and local educational agencies and schools in the State, have developed and shall regularly review and revise their policies and practices to remove barriers to the identification, enrollment, attendance, retention, and success of homeless children and youth in schools, including early childhood education programs, in the State. (J) Assurances that the following will be carried out: (i) The State educational agency and local educational agencies in the State will adopt policies and practices to ensure that homeless children and youth are not stigmatized or segregated on the basis of their status as homeless. (ii) Local educational agencies will designate an appropriate staff person as the local educational agency liaison for homeless children and youth, who shall have sufficient training and time to carry out the duties described in paragraph (7)(A), and who may also be a coordinator for other Federal programs. (iii) The State and local educational agencies in the State will adopt policies and practices to ensure that transportation is provided at the request of the parent or guardian involved (or in the case of an unaccompanied youth, the liaison), to and from the school of origin, for as long as the student has the right to attend the school of origin as determined in paragraph (4)(A), in accordance with the following, as applicable: (I) If the child or youth continues to live in the area served by the local educational agency for the school of origin, the child’s or youth’s transportation to and from the school of origin shall be provided or arranged by the local educational agency for the school of origin. (II) If the child’s or youth’s living arrangements in the area served by the local educational agency of origin terminate and the child or youth, though continuing the child’s or youth’s education in the school of origin, begins living in an area served by another local educational agency, the local educational agency of origin and the local educational agency for the area in which the child or youth is living shall agree upon a method to apportion the responsibility and cost for providing transportation to and from the school of origin. If the local educational agencies are unable to agree upon such method, the responsibility and costs for transportation shall be shared equally between the agencies. (iv) The State educational agency and local educational agencies will adopt policies and practices to promote school success for homeless children and youth, including access to full participation in academic and extracurricular activities that are made available to nonhomeless students. (2) Compliance (A) In general Each plan adopted under this subsection shall also describe how the State will ensure that local educational agencies in the State will comply with the requirements of paragraphs (3) through (8). (B) Coordination Such plan shall indicate what technical assistance the State will furnish to local educational agencies and how compliance efforts will be coordinated with the local educational agency liaisons designated under paragraph (1)(J)(ii). (3) School readiness for homeless children Each State plan adopted under this subsection shall ensure that entities carrying out preschool programs funded, administered, or overseen by the agency involved— (A) identify and prioritize homeless children for enrollment and increase their enrollment and attendance in early childhood education programs, including through policies such as— (i) reserving spaces in preschool programs for homeless children; (ii) conducting targeted outreach to homeless children and their families; (iii) waiving application deadlines; (iv) providing ongoing professional development for staff regarding the needs of homeless children and their families and strategies to serve the children and families; and (v) developing the capacity to serve all identified homeless children; and (B) review the educational and related needs of homeless children and their families in such agency’s service area, in coordination with the liaison designated under paragraph (1)(J)(ii). (4) Local educational agency requirements (A) In general The local educational agency serving each child or youth to be assisted under this subtitle shall, according to the child's or youth's best interest— (i) continue the child's or youth's education in the school of origin for the duration of homelessness— (I) in any case in which the child or youth becomes a homeless child or youth between academic years or during an academic year; and (II) for the remainder of the academic year, if the child or youth becomes permanently housed during an academic year; or (ii) enroll the child or youth in any public school that nonhomeless students who live in the attendance area in which the child or youth is actually living are eligible to attend. (B) Best interest in school stability In determining the best interest of the child or youth under subparagraph (A), the local educational agency shall— (i) presume that keeping a homeless child or youth in the school of origin is in the child’s or youth’s best interest, except when doing so is contrary to the wishes of the child’s or youth’s parent or guardian or the unaccompanied youth involved; (ii) consider student-centered factors related to the child’s or youth’s best interest, including factors related to the impact of mobility on achievement, education, health, and safety of homeless children and youth, giving priority to the wishes of the homeless child’s or youth’s parent or guardian or the unaccompanied youth involved; (iii) if, after conducting the best interest determination described in clause (ii), the local educational agency determines that it is not in the child’s or youth’s best interest to attend the school of origin or the school requested by the parent, guardian, or unaccompanied youth, provide, in coordination with the local education agency liaison, the homeless child's or youth’s parent or guardian or the unaccompanied youth, with a written explanation in a manner or form understandable to such parent, guardian, or youth, to the extent practicable, including a statement regarding the right to appeal under subparagraph (E); (iv) in the case of an unaccompanied youth, ensure that the local educational agency liaison assists in placement or enrollment decisions under this subparagraph, gives priority to the views of such unaccompanied youth, and provides notice to such youth of the right to appeal under subparagraph (E); and (v) provide transportation pursuant to paragraphs (1)(J)(iii) and (5). (C) Enrollment (i) In general The school selected in accordance with this paragraph shall immediately enroll the homeless child or youth, even if the child or youth— (I) is unable to produce records traditionally required for enrollment, including previous academic records, health records, proof of residency or guardianship, or other documentation; (II) has unpaid fines or fees from prior schools or is unable to pay fees in the school selected; or (III) has missed application or enrollment deadlines during any period of homelessness. (ii) Contacting school last attended The enrolling school shall immediately contact the school last attended by the child or youth to obtain relevant academic and other records. (iii) Relevant health records If the child or youth needs to obtain immunizations or other required health records, the enrolling school shall immediately enroll the child or youth and immediately refer the parent or guardian of the child or youth, or the unaccompanied youth, to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall assist in obtaining necessary immunizations or screenings, or immunization or other required health records in accordance with subparagraph (D). (iv) No liability Whenever the school selected enrolls an unaccompanied youth in accordance with this paragraph, no liability shall be imposed upon the school by reason of enrolling the youth without parent or guardian consent. (D) Records Any record ordinarily kept by the school, including immunizations or medical records, academic records, birth certificates, guardianship records, and evaluations for special services or programs, regarding each homeless child or youth shall be maintained— (i) so that the records involved are available when a homeless child or youth enters a new school or school district, even if the child or youth owes fees or fines or did not withdraw from the previous school in conformance with local withdrawal procedures; and (ii) in a manner consistent with section 444 of the General Education Provisions Act (20 U.S.C. 1232g). (E) Disputes If a dispute arises over eligibility, enrollment, school selection, or service in a public school or public preschool, or any other issue relating to services under this subtitle— (i) in the case of a dispute relating to eligibility for enrollment or school selection, the child or youth shall be immediately enrolled in the school in which enrollment is sought, pending final resolution of the dispute including all available appeals; (ii) the parent or guardian of the child or youth shall be provided with a written explanation of the school’s decision regarding eligibility for enrollment, school selection, or services, made by the school or the local educational agency, which shall include information about the right to appeal the decision; (iii) the child, youth, parent, or guardian shall be referred to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall carry out the dispute resolution process as described in paragraph (1)(C) as expeditiously as possible after receiving notice of such dispute; and (iv) in the case of an unaccompanied youth, the liaison shall ensure that the youth is immediately enrolled in the school in which the youth seeks enrollment, pending resolution of such dispute. (F) Placement choice The choice regarding placement shall be made regardless of whether the child or youth involved lives with the homeless parents or has been temporarily placed elsewhere. (G) School of origin defined (i) In general In this paragraph, the term school of origin (ii) Receiving school When a child or youth completes the final grade level served by the school of origin, as described in clause (i), the term school of origin (H) Contact Information Nothing in this subtitle shall prohibit a local educational agency from requiring a parent or guardian of a homeless child to submit contact information. (I) Privacy Information about a homeless child's or youth's living situation shall be treated as a student education record under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g section 99.31 (J) Academic achievement The school selected in accordance with this paragraph shall ensure that homeless children and youth have opportunities to meet the same college and career ready State student academic achievement standards to which other students are held, including implementing the policies and practices required by paragraph (1)(J)(iv). (K) School readiness for homeless children Each local educational agency shall ensure school readiness for homeless children as described in paragraph (3). (5) Comparable services In addition to receiving services provided for homeless children and youth under this subtitle or other Federal, State, or local laws, regulations, policies, or practices, each homeless child or youth to be assisted under this subtitle also shall be provided services comparable to services offered to other students in the school selected under paragraph (4), including the following: (A) Transportation services. (B) Educational services for which the child or youth meets the eligibility criteria, including services provided under title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (C) Programs in career and technical education. (D) Programs for gifted and talented students. (E) School nutrition programs. (F) Health and counseling services, as appropriate. (6) Coordination (A) In general Each local educational agency shall coordinate— (i) the provision of services under this subtitle with the services of local social services agencies and other agencies or entities providing services to homeless children and youth and their families, including services and programs funded under the Runaway and Homeless Youth Act ( 42 U.S.C. 5701 et seq. (ii) transportation, transfer of school records, and other interdistrict activities, with other local educational agencies. (B) Housing assistance Each State educational agency and local educational agency that receives assistance under this subtitle shall coordinate, if applicable, with State and local housing agencies responsible for developing a comprehensive housing affordability strategy described in section 105 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12705 (C) Coordination purpose The coordination required under subparagraphs (A) and (B) shall be designed to— (i) ensure that all homeless children and youth are identified within a reasonable time frame; (ii) ensure that homeless children and youth have access to and are in reasonable proximity to available education and related support services; and (iii) raise the awareness of school personnel and service providers of the effects of short-term stays in a shelter and other challenges associated with homelessness. (D) Homeless children and youths with disabilities For children and youth who are to be assisted both under this subtitle, and under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. 29 U.S.C. 794 (7) Local educational agency liaison (A) Duties Each local educational agency liaison for homeless children and youth, designated under paragraph (1)(J)(ii), shall ensure that— (i) all homeless children and youth are identified by school personnel and through outreach and coordination activities with other entities and agencies; (ii) homeless children and youth are enrolled in, and have a full and equal opportunity to succeed in, schools of that local educational agency; (iii) homeless families, and homeless children and youth, have access to educational services for which such families, children, and youth are eligible, including services through Head Start, Early Head Start, early intervention, and Even Start programs, and preschool programs described in paragraph (3); (iv) homeless families, and homeless children and youth, receive referrals to health care services, dental services, mental health and substance abuse services, housing services, and other appropriate services; (v) homeless children and youth are certified as eligible for free meals offered under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. 42 U.S.C. 1771 et seq. (vi) the parents or guardians of homeless children and youth are informed of the educational and related opportunities available to their children, including early learning opportunities, and are provided with meaningful opportunities to participate in the education of their children; (vii) public notice of the educational rights of homeless children and youth is incorporated into documents related to residency requirements or enrollment, provided upon school enrollment and withdrawal, posted on the local educational agency’s website, and disseminated in locations frequented by parents or guardians of such children and youth, and unaccompanied youth, including schools, shelters, public libraries, and soup kitchens, in a manner and form understandable to parents and guardians of homeless children and youth and unaccompanied youth; (viii) disputes are resolved in accordance with paragraph (4)(E); (ix) the parent or guardian of a homeless child or youth, and any unaccompanied youth, is fully informed of all transportation services, including transportation to the school of origin, as described in paragraph (1)(J)(iii), and is assisted in accessing transportation to the school that is selected under paragraph (4)(A); (x) school personnel are adequately prepared to implement this subtitle and receive professional development, resource materials, technical assistance, and other support; and (xi) unaccompanied youth— (I) are enrolled in school; (II) have opportunities to meet the same college and career ready State student academic achievement standards to which other students are held, including through implementation of the policies and practices required by subparagraphs (F)(ii) and (J)(iv) of paragraph (1); and (III) are informed of their status as independent students under section 480 of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv 20 U.S.C. 1090 (B) Notice State Coordinators appointed under subsection (d)(2) and local educational agencies shall inform school personnel, service providers, and advocates working with homeless families and homeless children and youth of the contact information and duties of the local educational agency liaisons, including publishing an annually updated list of the liaisons on the State educational agency’s website. (C) Local and State coordination The local educational agency liaisons shall, as a part of their duties, coordinate and collaborate with the State Coordinators and community and school personnel responsible for the provision of education and related support services to homeless children and youth. Such coordination shall include collecting and providing to the State Coordinator the reliable, valid, and comprehensive data needed to meet the requirements of paragraphs (1) and (3) of subsection (f). (D) Professional development The local educational agency liaisons shall participate in the professional development and other technical assistance activities provided by the State Coordinator pursuant to subsection (f)(5). (8) School readiness for homeless children The State educational agency, and the local educational agencies in the State, shall ensure that the programs serving public preschool children comply with the requirements of this subtitle. (h) Emergency disaster grants (1) In general The Secretary shall make emergency disaster grants to eligible local educational agencies and eligible States described in paragraph (2), in order to increase the capacity for such local educational agencies and States to respond to major disasters. (2) Eligibility; application (A) Eligibility (i) Local educational agency eligibility A local educational agency shall be eligible to receive an emergency disaster grant under this subsection, based on demonstrated need, if such local educational agency’s enrollment of homeless children and youth has increased as a result of a hurricane, flood, or other natural disaster for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.). (ii) State eligibility A State, through the Office of the Coordinator for Education of Homeless Children and Youths in the State educational agency, shall be eligible to receive an emergency disaster grant under this subsection if there are 1 or more eligible local educational agencies, as described in clause (i), located within the State. (B) Application In order for an eligible State or an eligible local educational agency to receive a grant under this subsection, the State educational agency, in consultation with other relevant State agencies, or local educational agency shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. (3) Distribution of grants The Secretary shall distribute emergency disaster grant funds— (A) based on demonstrated need, to State educational agencies or local educational agencies for local educational agencies whose enrollment of homeless children and youths has increased as a result of a hurricane, flood, or other natural disaster for which the President has declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.); (B) expeditiously, and in no case later than 75 days after such funds are appropriated to the Secretary; and (C) in a manner that enables local educational agencies to use such funds for the immediate needs of disaster response and ongoing disaster recovery. (4) Amount of grants The Secretary shall distribute grants under this subsection in amounts determined by the Secretary and related to the increase in enrollment of homeless children and youths as a result of such major disaster. (5) Uses of funds A local educational agency or State educational agency that receives an emergency disaster grant under this subsection shall use the grant funds to carry out the activities described in section 723(d). (6) Restriction The Secretary— (A) shall determine the amount (if any) by which the funds appropriated under section 727 for fiscal year 2009 exceed $70,000,000; and (B) may only use funds from that amount to carry out this subsection. 723. Local educational agency subgrants for the education of homeless children and youth (a) General authority (1) In general The State educational agency shall, in accordance with section 722(e), and from amounts made available to such agency under section 727, make subgrants to local educational agencies for the purpose of facilitating the identification, enrollment, attendance, and success in school of homeless children and youth. (2) Services (A) In general Services under paragraph (1)— (i) may be provided through programs on school grounds or at other facilities; and (ii) shall, to the maximum extent practicable, be provided through existing programs and mechanisms that integrate homeless children and youth with nonhomeless children and youth. (B) Services on school grounds If services under paragraph (1) are provided to homeless children and youth on school grounds, the school involved may use funds under this subtitle to provide the same services to other children and youth who are determined by the local educational agency serving the school to be at risk of failing in, or dropping out of, school. (3) Requirement Services provided under this section shall not replace the regular academic program and shall be designed to expand upon or improve services provided as part of the school's regular academic program. (4) Duration of grants Subgrants awarded under this section shall be for terms not to exceed 3 years. (b) Application A local educational agency that desires to receive a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing or accompanied by such information as the State educational agency may reasonably require. Such application shall include the following: (1) An assessment of the educational and related needs of homeless children and youth in the area served by the local educational agency (which may be undertaken as part of a needs assessment for another disadvantaged group). (2) A description of the services and programs for which assistance is sought to address the needs identified in paragraph (1). (3) An assurance that the local educational agency's combined fiscal effort per student, or the aggregate expenditures of that agency and the State with respect to the provision of free public education by such agency for the fiscal year preceding the fiscal year for which the subgrant determination is made, was not less than 90 percent of such combined fiscal effort or aggregate expenditures for the second fiscal year preceding the fiscal year for which the determination is made. (4) An assurance that the applicant complies with, or will use requested funds to comply with, paragraphs (3) through (7) of section 722(g). (5) A description of policies and procedures that the agency will implement to ensure that activities carried out by the agency will not isolate or stigmatize homeless children and youth. (6) An assurance that the local educational agency will collect and promptly provide data requested by the State Coordinator pursuant to paragraphs (1) and (3) of section 722(f). (7) An assurance that the local educational agency has removed the policies and practices that have created barriers to the identification, enrollment, attendance, retention, and success in school of all homeless children and youth. (c) Awards (1) In general The State educational agency shall, in accordance with the requirements of this subtitle and from amounts made available to it under section 722(a), make subgrants on a competitive basis to local educational agencies that submit applications under subsection (b). Such subgrants shall be awarded on the basis of the need of such agencies for assistance under this subtitle and the quality of the applications submitted. (2) Need (A) In general In determining need under paragraph (1), the State educational agency may consider the number of homeless children and youth enrolled in preschool, elementary schools, and secondary schools within the area served by the local educational agency, and shall consider the needs of such children and youth and the ability of the local educational agency to meet such needs. (B) Other considerations The State educational agency may also consider the following: (i) The extent to which the proposed use of funds will facilitate the identification, enrollment, attendance, retention, and educational success of homeless children and youth. (ii) The extent to which the application reflects coordination with other local and State agencies that serve homeless children and youth. (iii) The extent to which the applicant exhibits in the application and in current practice (as of the date of submission of the application) a commitment to education for all homeless children and youth. (iv) Such other criteria as the State agency determines to be appropriate. (3) Quality In determining the quality of applications under paragraph (1), the State educational agency shall consider each of the following: (A) The applicant's needs assessment under subsection (b)(1) and the likelihood that the program presented in the application will meet such needs. (B) The types, intensity, and coordination of services to be provided under the program. (C) The extent to which the applicant will promote meaningful involvement of parents or guardians of homeless children or youth in the education of their children. (D) The extent to which homeless children and youth will be integrated into the regular education program involved. (E) The quality of the applicant's evaluation plan for the program. (F) The extent to which services provided under this subtitle will be coordinated with other services available to homeless children and youth and their families, including housing and social services and services provided under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. 20 U.S.C. 6301 et seq. (G) The extent to which the local educational agency will use the subgrant to leverage resources, including by maximizing nonsubgrant funding for the position of the liaison described in section 722(g)(1)(J)(ii) and the provision of transportation. (H) The local educational agency’s use of funds to serve homeless children and youth under section 1113(c)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(c)(3)). (I) The extent to which the applicant's program meets such other measures as the State educational agency considers to be indicative of a high-quality program, including the extent to which the local educational agency will provide services to unaccompanied youth and preschool-aged children. (J) The extent to which the application describes how the applicant will meet the requirements of section 722(g)(4). (d) Authorized activities A local educational agency may use funds awarded under this section for activities that carry out the purpose of this subtitle, including the following: (1) The provision of tutoring, supplemental instruction, and enriched educational services that are linked to the achievement of the same college and career ready State academic content standards and college and career ready State student academic achievement standards as the State establishes for other children and youth. (2) The provision of expedited evaluations of the strengths, needs, and eligibility of homeless children and youth, including needs and eligibility for programs and services (including educational programs for gifted and talented students, children with disabilities, and students with limited English proficiency, charter school programs, magnet school programs, programs in career and technical education, and school nutrition programs). (3) Professional development and other activities for educators and specialized instructional support personnel that are designed to heighten the understanding and sensitivity of such educators and personnel to the needs of homeless children and youth, the rights of such children and youth under this subtitle, and the specific educational needs of runaway and homeless youth. (4) The provision of referral services to homeless children and youth for medical, dental, mental, and other health services. (5) The provision of assistance to defray the cost of transportation under paragraphs (1)(J)(iii) and (5)(A) of section 722(g), not otherwise provided through Federal, State, or local funding. (6) The provision of developmentally appropriate early childhood education programs, not otherwise provided through Federal, State, or local funding. (7) The provision of services and assistance to attract, engage, and retain homeless children and youth, particularly homeless children and youth who are not enrolled in school, in public school programs and services provided to nonhomeless children and youth. (8) The provision for homeless children and youth of before- and after-school, mentoring, and summer programs in which a teacher or other qualified individual provides tutoring, homework assistance, and supervision of educational activities. (9) If necessary, the payment of fees and other costs associated with tracking, obtaining, and transferring records necessary to facilitate the appropriate placement of homeless children and youth in school, including birth certificates, immunization or other required health records, academic records, guardianship records, and evaluations for special programs or services. (10) The provision of education and training to the parents of homeless children and youth about the rights of, and resources available to, such children and youth, and other activities designed to increase the meaningful involvement of families of homeless children or youth in the education of their children. (11) The development of coordination of activities between schools and agencies providing services to homeless children and youth, as described in section 722(g)(6). (12) The provision of specialized instructional support services (including counseling) and referrals for such services. (13) Activities to address the particular needs of homeless children and youth that may arise from domestic violence and parental mental health or substance abuse problems. (14) The adaptation of space and purchase of supplies for any nonschool facilities made available under subsection (a)(2) to provide services under this subsection. (15) The provision of school supplies, including supplies to be distributed at shelters or temporary housing facilities, or other appropriate locations. (16) The provision of assistance to defray the cost of the position of liaison designated pursuant to section 722(g)(1)(J)(ii), not otherwise provided through Federal, State, or local funding. (17) The provision of other extraordinary or emergency assistance needed to enable homeless children and youth to enroll, attend, and succeed in school, including in early childhood education programs. 724. Secretarial responsibilities (a) Review of State plans In reviewing the State plan submitted by a State educational agency under section 722(g), the Secretary shall use a peer review process and shall evaluate whether State laws, policies, and practices described in such plan adequately address the problems of all homeless children and youth relating to access to education and placement as described in such plan. (b) Technical Assistance The Secretary shall— (1) provide support and technical assistance to State educational agencies to assist such agencies in carrying out their responsibilities under this subtitle; and (2) establish or designate a Federal Office of the Coordinator for Education of Homeless Children and Youths that has sufficient capacity, resources, and support to carry out the responsibilities described in this subtitle. (c) Notice (1) In general The Secretary shall, before the next school year that begins after the date of enactment of the McKinney-Vento Homeless Education Reauthorization Act of 2013, develop and disseminate a public notice of the educational rights of homeless children and youth. The notice shall include information regarding the definition of homeless children and youth in section 726. (2) Dissemination The Secretary shall disseminate the notice nationally. The Secretary also shall disseminate such notice to heads of other Department of Education offices, including those responsible for special education programs, higher education, and programs under parts A, B, C, D, G, and H of title I, title III, title IV, and part B of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq., 6361 et seq., 6391 et seq., 6421 et seq., 6531 et seq., 6551 et seq., 6801 et seq., 7101 et seq., and 7221 et seq.). The Secretary shall also disseminate such notice to heads of other Federal agencies, and grant recipients and other entities carrying out federally funded programs, including Head Start programs, grant recipients under the Health Care for the Homeless program of the Health Resources and Services Administration of the Department of Health and Human Services, grant recipients under the Emergency Food and Shelter National Board Program of the Federal Emergency Management Agency, grant recipients under the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.), grant recipients under the John H. Chafee Foster Care Independence program, grant recipients under homeless assistance programs administered by the Department of Housing and Urban Development, and recipients of Federal funding for programs carried out by the Administration on Children, Youth and Families of the Department of Health and Human Services. (d) Evaluation and dissemination The Secretary shall conduct evaluation, dissemination, and technical assistance activities for programs that are designed to meet the educational needs of homeless preschool, elementary school, and secondary school students, and may use funds appropriated under section 727 to conduct such activities. (e) Submission and distribution The Secretary shall require applications for grants under section 722 to be submitted to the Secretary not later than the expiration of the 120-day period beginning on the date that funds are available for purposes of making such grants and shall make such grants not later than the expiration of the 180-day period beginning on such date. (f) Determination by Secretary The Secretary, based on the information received from the States and information gathered by the Secretary under subsection (h), shall determine the extent to which State educational agencies are ensuring that each homeless child or youth has access to a free appropriate public education, as described in section 721(1). The Secretary shall provide support and technical assistance to State educational agencies in areas in which barriers to a free appropriate public education persist. (g) Publication The Secretary shall develop, issue, and publish in the Federal Register, not later than 90 days after the date of enactment of the McKinney-Vento Homeless Education Reauthorization Act of 2013, a summary of the changes enacted by that Act and related strategies, which summary shall include— (1) strategies by which a State can assist local educational agencies to implement the provisions amended by the Act; (2) strategies by which a State can review and revise State policies and procedures that may present barriers to the identification, enrollment, attendance, and success of homeless children and youth in school; and (3) strategies by which entities carrying out preschool programs can implement requirements of section 722(g)(3). (h) Information (1) In general From funds appropriated under section 727, the Secretary shall, directly or through grants, contracts, or cooperative agreements, periodically but not less frequently than every 2 years, collect and disseminate publicly data and information regarding— (A) the number of homeless children and youth; (B) the education and related support services such children and youth receive; (C) the extent to which the needs of homeless children and youth are being met; (D) the academic progress being made by homeless children and youth, including the percent or number of homeless children and youth participating in State assessments; and (E) such other data and information as the Secretary determines to be necessary and relevant to carry out this subtitle. (2) Coordination The Secretary shall coordinate such collection and dissemination with other agencies and entities that receive assistance and administer programs under this subtitle. (i) Report Not later than 4 years after the date of enactment of the McKinney-Vento Homeless Education Reauthorization Act of 2013, the Secretary shall prepare and submit to the President and the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the status of the provision of education and related support services to homeless children and youth, which shall include information on— (1) the education of homeless children and youth; and (2) the actions of the Secretary and the effectiveness of the programs supported under this subtitle. 725. Rule of construction Nothing in this subtitle shall be construed to diminish the rights of parents or guardians of homeless children or youth, or unaccompanied youth, otherwise provided under State law, policy, or practice, including laws or policies that authorize the best interest determination in section 722(g)(3) to be made solely by the parent, guardian, or youth involved. 726. Definitions In this subtitle: (1) Enroll; enrollment The terms enroll enrollment (2) Homeless children and youth The term homeless children and youth (A) means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of section 103(a)(1)); and (B) includes— (i) children and youth who— (I) are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; (II) are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; (III) are living in emergency or transitional shelters; or (IV) are abandoned in hospitals; (ii) children and youth who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (within the meaning of section 103(a)(2)); (iii) children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and (iv) migratory children (as such term is defined in section 1312 of the Elementary and Secondary Education Act of 1965) who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in clauses (i) through (iii). (3) Local educational agency; state educational agency The terms local educational agency State educational agency 20 U.S.C. 7801 (4) School The term school (5) Secretary The term Secretary (6) State The term State (7) Unaccompanied youth The term unaccompanied youth 727. Authorization of appropriations For the purpose of carrying out this subtitle, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 6 succeeding fiscal years. . 2 Advanced Research Projects Agency-Education 11021. Advanced Research Projects Agency-Education The Department of Education Organization Act ( 20 U.S.C. 3401 et seq. 221. Advanced research projects agency-education (a) Establishment There shall be in the Department an Advanced Research Projects Agency-Education (referred to in this section as ARPA-ED (b) Purposes ARPA-ED is established under this section for the purposes of pursuing breakthrough research and development in educational technology and providing the effective use of the technology to improve achievement for all students, by— (1) identifying and promoting revolutionary advances in fundamental and applied sciences and engineering that could be translated into new learning technologies; (2) developing novel learning technologies, and the enabling processes and contexts for effective use of those technologies; (3) developing, testing, and evaluating the impact and efficacy of those technologies; (4) accelerating transformational technological advances in areas in which the private sector, by itself, is not likely to accelerate such advances because of difficulties in implementation or adoption, or technical and market uncertainty; (5) coordinating activities with nongovernmental entities to demonstrate technologies and research applications to facilitate technology transfer; and (6) encouraging educational research using new technologies and the data produced by the technologies. (c) Authorities of Secretary The Secretary is authorized to— (1) appoint a Director, who shall be responsible for carrying out the purposes of ARPA-ED, as described in subsection (b), and such additional functions as the Secretary may prescribe; (2) establish processes for the development and execution of projects and the solicitation of entities to carry out the projects in a manner that is— (A) tailored to the purposes of ARPA-ED and not constrained by other Department-wide administrative requirements that could detract from achieving program results; and (B) designed to heighten transparency, and public- and private-sector involvement, to ensure that investments are made in the most promising areas; (3) award grants, contracts, cooperative agreements, and cash prizes, and enter into other transactions (in accordance with such regulations as the Secretary may establish regarding other transactions); (4) make appointments of up to 20 scientific, engineering, professional, and other mission-related employees, for periods of up to 4 years (which appointments may not be renewed) without regard to the provisions of title 5, United States Code, governing appointments in the competitive service; (5) (A) prescribe the rates of basic pay for the personnel described in paragraph (4) at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376 (B) pay any employee appointed pursuant to paragraph (4) payments in addition to that basic pay, except that the total amount of those payments for any calendar year shall not exceed the lesser of— (i) $25,000; or (ii) the difference between the employee’s annual rate of basic pay under paragraph (4) and the annual rate for level I of the Executive Schedule under section 5312 (6) obtain independent, periodic, rigorous evaluations, as appropriate, of— (A) the effectiveness of the processes ARPA-ED is using to achieve its purposes; and (B) the effectiveness of individual projects assisted by ARPA-ED, using evidence standards developed in consultation with the Institute of Education Sciences, and the suitability of ongoing projects assisted by ARPA-ED for further investment or increased scale; and (7) disseminate, through the comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9602 20 U.S.C. 9564 (d) Evaluation funds The Secretary may use funds made available for ARPA-ED to pay the cost of the evaluations under subsection (c)(6). (e) Federal advisory committee Act Notwithstanding any other provision of law, any advisory committee convened by the Secretary to provide advice with respect to this section shall be exempt from the requirements of the Federal Advisory Committee Act (5 U.S.C. App.) and the definition of employee section 2105 (f) Nonduplication To the maximum extent practicable, the Secretary shall ensure that grants, contracts, cooperative agreements, cash prizes, or other assistance or arrangements awarded or entered into pursuant to this section that are designed to carry out the purposes of ARPA-ED do not duplicate activities under programs carried out under Federal law other than this section by the Department or other Federal agencies. . B Miscellaneous provisions 11211. Technical and conforming amendments (a) Higher Education Act of 1965 The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. (1) Section 103(24)(B) (20 U.S.C. 1003(24)(B)) is amended by striking students who are limited English proficient English learners (2) Section 200 (20 U.S.C. 1021) is amended— (A) in paragraph (6)(B)(x) by striking section 5210 section 5411 (B) by striking paragraph (8); (C) by redesignating paragraphs (9) through (23) as paragraphs (8) through (22), respectively; (D) by striking paragraph (12), as redesignated by subparagraph (C), and inserting the following: (12) Highly qualified teacher The term highly qualified teacher ; (E) by striking paragraph (14), as redesignated by subparagraph (C), and inserting the following: (14) English learner The term English learner ; (F) in paragraph (16)(B)(ii), as redesignated by subparagraph (C), by striking to become highly qualified to become a highly qualified teacher (G) in paragraph (21)(D)(i), as redesignated by subparagraph (C), by striking becomes highly qualified becomes a highly qualified teacher (H) in paragraph (22)(D)(iii), as redesignated by subparagraph (C), by striking students who are limited English proficient English learners (3) Section 202 (20 U.S.C. 1022a) is amended— (A) in subsection (b)(6)— (i) in subparagraph (E)(ii), by striking student academic achievement standards and academic content standards under section 1111(b)(1) college and career ready State academic content standards and student academic achievement standards under section 1111(a)(1) (ii) in subparagraph (G), by striking students who are limited English proficient English learners (B) in subsection (d)— (i) in paragraph (1)— (I) in subparagraph (A)(i)(I)— (aa) by inserting teachers highly qualified (bb) by striking students who are limited English proficient English learners (II) in subparagraph (B)— (aa) in clause (ii)(IV)(aa), by striking students who are limited English proficient English learners (bb) in clause (iii), by inserting teachers highly qualified (ii) in paragraph (5)(B), by striking limited English proficient students English learners (4) Section 204(a)(4)(D) (20 U.S.C. 1022c(a)(4)(D)) is amended by striking limited English proficient students English learners (5) Section 205 (20 U.S.C. 1022d) is amended— (A) in subsection (a)(1)(G), by striking students who are limited English proficient English learners (B) in subsection (b)(1)— (i) in subparagraph (C), by striking State's challenging academic content standards required under section 1111(b)(1) college and career ready State academic content standards required under section 1111(a)(1) (ii) in subparagraph (L), by striking students who are limited English proficient English learners (6) Section 206 (20 U.S.C. 1022e) is amended— (A) in subsection (a), by striking limited English proficient students English learners (B) in subsection (b)(4), by striking limited English proficient students English learners (7) Section 208(b) (20 U.S.C. 1022g(b)) is amended— (A) by inserting teachers are highly qualified (B) by striking is highly qualified is a highly qualified teacher (8) Section 242(b) (20 U.S.C. 1033a(b)) is amended— (A) in the matter preceding paragraph (1), by inserting teachers highly qualified (B) in paragraph (1), by inserting teachers highly qualified (9) Section 251(b)(1)(A)(iii) ( 20 U.S.C. 1034(b)(1)(A)(iii) teachers highly qualified (10) Section 255(k) (20 U.S.C. 1035(k)) is amended— (A) in paragraph (1), by striking section 9101(23)(B)(ii) section 9101(32)(A)(ii)(II) (B) in paragraph (3), by striking section 9101(23) section 9101(32) (11) Section 258(d) (20 U.S.C. 1036(d)) is amended— (A) in paragraph (1)— (i) by striking limited English proficient students English learners (ii) by inserting teachers who will be highly qualified (B) in paragraph (2)(C), by striking limited English proficient students English learners (12) Section 402B(c)(7) (20 U.S.C. 1070a–12(c)(7)) is amended by striking students who are limited English proficient English learners (13) Section 402C(d)(7) (20 U.S.C. 1070a–13(d)(7)) is amended by striking students who are limited English proficient English learners (14) Section 402D (20 U.S.C. 1070a–14) is amended— (A) in subsection (a)(3), by striking students who are limited English proficient English learners (B) in subsection (c)(6), by striking students who are limited English proficient English learners (15) Section 402F(b)(11) (20 U.S.C. 1070a–16(b)(11)) is amended by striking students who are limited English proficient English learners (16) Section 404D (20 U.S.C. 1070a–24) is amended— (A) in subsection (b)(10)(K), by striking students who are limited English proficient English learners (B) in subsection (c)(6)(B)(ii), by striking students who are limited English proficient English learners (17) Section 428J(b)(1)(B) ( 20 U.S.C. 1078–10(b)(1)(B) is highly qualified is a highly qualified teacher (18) Section 428K(b)(5) (20 U.S.C. 1078–11(b)(5)) is amended— (A) in the heading, by striking students who are limited english proficient English learners (B) in subparagraph (A), by striking is highly qualified is a highly qualified teacher (C) in subparagraph (B)(i), by striking students who are limited English proficient English learners (19) Section 460(b)(1)(B) (20 U.S.C. 1087j(b)(1)(B)) is amended by striking is highly qualified is a highly qualified teacher (20) Section 741(a)(10) (20 U.S.C. 1138(a)(10)) is amended by striking limited English proficient students English learners (21) Section 806(a)(2) (20 U.S.C. 1161f(a)(2)) is amended to read as follows: (2) Highly qualified teacher The term highly qualified teacher . (b) Individuals with Disabilities Education Act The Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. (1) Section 602 (20 U.S.C. 1401) is amended— (A) in paragraph (10)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by striking has the meaning given the term in section 9101 means that the teacher is a highly qualified teacher in accordance with subparagraphs (A) and (B) of section 9101(32) (II) in clause (ii), by striking requirements of section 9101 requirements for a highly qualified teacher as defined in section 9101(32)(A) (ii) in subparagraph (C)— (I) in the matter preceding clause (i), by striking section 1111(b)(1) section 1111(a)(1) (II) clause (i), by striking requirements of section 9101 requirements for a highly qualified teacher, as defined in section 9101 (III) in clause (ii), by striking subparagraph (B) or (C) of section 9101(23) clause (ii) or (iii) of section 9101(32)(A) (iii) in subparagraph (D)— (I) in clause (i), by striking applicable requirements of section 9101 applicable requirements to be a highly qualified teacher as defined in section 9101 (II) in each of clauses (ii) and (iii), by striking section 9101(23)(C)(ii) section 9101(32)(A)(iii)(II) (iv) in subparagraph (F), by striking highly qualified for purposes of to be a highly qualified teacher for purposes of (B) in paragraph (18), by striking has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 when used in reference to an individual, means an individual who meets the requirements described in subparagraphs (C) and (D) of section 9101(23) of the Elementary and Secondary Education Act of 1965 (2) Section 611(e)(2)(C) (20 U.S.C. 1411(e)(2)(C)) is amended— (A) in clause (x), by striking sections 1111(b) and 6111 sections 1111 and 1131 (B) in clause (xi)— (i) by striking , including supplemental educational services as defined in 1116(e) of the Elementary and Secondary Education Act of 1965 (ii) by striking objectives established by the State under section 1111(b)(2)(G) targets established by the State under section 1111(a)(3)(C) of (3) Section 612(a) (20 U.S.C. 1412(a))— (A) in paragraph (15)— (i) by striking clause (ii) of subparagraph (A); (ii) by redesignating clauses (iii) and (iv) of subparagraph (A) as clauses (ii) and (iii), respectively; (iii) in subparagraph (B), by striking , including measurable annual objectives for progress by children with disabilities under section 1111(b)(2)(C)(v)(II)(cc) of the Elementary and Secondary Education Act of 1965 (iv) in subparagraph (C), by striking section 1111(h) section 1111(e) (B) in paragraph (16)(C)(ii)(II), by striking section 1111(b)(1) section 1111(a) (4) Section 654(a)(1)(B) (20 U.S.C. 1454(a)(1)(B)) is amended by striking challenging State student academic achievement and functional standards and with the requirements for professional development, as defined in section 9101 college and career ready State academic achievement and functional standards and with the requirements for professional development, as defined in section 9101 (5) Section 663(b)(2) (20 U.S.C. 1463(b)(2)) is amended by striking for assessing adequate yearly progress, as described under section 1111(b)(2)(B) as described in section 1111(a)(2) (c) Carl D. Perkins Career and Technical Education Act of 2006 The Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. (1) Section 3(8) (20 U.S.C. 2302(8)) is amended by striking section 5210 section 5411 (2) Section 8(e) (20 U.S.C. 2306a(e)) is amended by striking section 1111(b)(1)(D) 1111(a)(1) (3) Section 113 (20 U.S.C. 2323) is amended— (A) in subsection (b)— (i) in paragraph (2)(A)— (I) in clause (i), by striking challenging academic content standards and student academic achievement standards, as adopted by a State in accordance with section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and measured by the State determined proficient levels on the academic assessments described in section 1111(b)(3) of such Act college and career ready State academic content and student academic achievement standards, as adopted by a State in accordance with section 1111(a)(1) of the Elementary and Secondary Education Act of 1965 and measured by the State-determined proficient levels on the academic assessments described in section 1111(a)(2) of such Act (II) in clause (iv), by striking Student graduation rates (as described in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965) Student graduation rates (as described in section 9101 of the Elementary and Secondary Education Act of 1965) (ii) in paragraph (4)(C)(ii)(I), by striking categories of students described in section 1111(h)(1)(C)(i) categories of students described in section 1111(a)(2)(B)(x) (B) in subsection (c)(2)(A), by striking categories of students described in section 1111(h)(1)(C)(i) categories of students described in section 1111(a)(2)(B)(x) (4) Section 114(d)(4)(A)(iii)(I)(aa) (20 U.S.C. 2324(d)(4)(A)(iii)(I)(aa)) is amended by striking academic content standards and student academic achievement standards, as adopted by States under section 1111(b)(1) college and career ready State academic content and student academic achievement standards, as adopted by a State in accordance with section 1111(a)(1) (5) Section 122(c)(1)(I)(i) ( 20 U.S.C. 2342(c)(1)(I)(i) rigorous and challenging academic content standards and student academic achievement standards adopted by the State under section 1111(b)(1) college and career ready State academic content and student academic achievement standards, as adopted by a State in accordance with section 1111(a)(1) (d) National and Community Service Act of 1990 The National and Community Service Act of 1990 ( 42 U.S.C. 12501 et seq. (1) Section 112(a)(1)(F) (42 U.S.C. 12523(a)(1)(F)) is amended by striking attention to schools not making adequate yearly progress for two or more consecutive years under section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) attention to schools that are identified as focus schools or priority schools under subsection (c) or (d) of section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316) (2) Section 119(a)(2)(A)(ii)(II) ( 42 U.S.C. 12563(a)(2)(A)(ii)(II) the graduation rate (as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) the graduation rates (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (3) Section 120(a)(2)(C) (42 U.S.C. 12565(a)(2)(C)) is amended by striking improved graduation rates, as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(C)(vi) improved graduation rates, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (4) Section 122 (42 U.S.C. 12572) is amended— (A) in subsection (a)(1)(C)(iii), by striking secondary school graduation rates as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(C)(vi) secondary school graduation rates as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (B) in subsection (i)(1), by inserting college and career ready State (e) Title VI of the America COMPETES Act The America COMPETES Act ( Public Law 110–69 (1) Section 6112 (20 U.S.C. 9812) is amended— (A) in paragraph (3)(B)(i), by inserting teachers highly qualified (B) by striking paragraph (4) and inserting the following: (4) Highly qualified teacher The term highly qualified teacher . (2) Section 6113(d)(2)(G)(i) ( 20 U.S.C. 9813(d)(2)(G)(i) (A) by inserting teachers of highly qualified (B) by striking teachers foreign language (3) Section 6114(b)(3) (20 U.S.C. 9814(b)(3)) is amended— (A) by inserting teachers of highly qualified (B) by striking teachers foreign language (4) Section 6122 (20 U.S.C. 9832) is amended— (A) in paragraph (3), by striking has the meaning given the term low-income individual 20 U.S.C. 6537(3) means a student who is from a low-income family, as defined in section 9101(36)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(36)(B)) (B) in paragraph (4), by striking has the meaning , used with respect to a school, means a school that serves a student population 40 percent or more of whom are low-income students. (C) in paragraph (5), by striking means a local educational agency or educational service agency described in 6112(3)(A) means a high-need local educational agency, as defined under section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (5) Section 6123(j)(2)(B) (20 U.S.C. 9833(j)(2)(B)) is amended by striking disaggregated in the same manner as information is disaggregated under section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 disaggregated under section 1111(a)(2)(B)(x) of the Elementary and Secondary Education Act of 1965 (6) Section 6201(e)(2)(D)(ii)(I) ( 20 U.S.C. 9871(e)(2)(D)(ii)(I) assessments under section 1111(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b) assessments under section 1111(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(a) (f) The Education of the Deaf Act of 1986 Section 104(b)(5) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4304(b)(5) (1) in subparagraph (A)— (A) in clause (i), by striking challenging academic content standards, challenging student academic achievement standards, and academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (3) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1) and (3)) college and career ready State academic content and student academic achievement standards and assessments of a State, adopted and implemented, as appropriate, pursuant to section 1111(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(a)) (B) in clause (ii), by adding and (2) by striking subparagraph (B); (3) by redesignating subparagraph (C) as subparagraph (B); and (4) in subparagraph (B), as redesignated by paragraph (3), by striking , and whether the programs at the Clerc Center are making adequate yearly progress, as determined under subparagraph (B) (g) The Education Sciences Reform Act of 2002 The Education Sciences Reform Act of 2002 ( 20 U.S.C. 9501 et seq. (1) Section 153(a)(1)(F)(ii) ( 20 U.S.C. 9543(a)(1)(F)(ii) the percentage of teachers who are highly qualified the percentage of teachers who are highly qualified teachers (2) Section 177(a)(5) (20 U.S.C. 9567b(a)(5)) is amended by striking section 1111(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b) section 1111(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(a) (h) The Educational Technical Assistance Act of 2002 Section 203 of the Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9602 (1) in subsection (a)(2)(B), by striking schools identified for school improvement (as described in section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)) schools identified as priority schools (as described in section 1116(d) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(d) (2) in subsection (e), by striking paragraph (3) and inserting the following: (3) schools in the region identified by the State's accountability system under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316). ; and (3) in subsection (f)(1)(B), by striking 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) 1116 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316 (i) National Science Foundation Authorization Act of 2002 Section 9 of the National Science Foundation Authorization Act of 2002 ( 42 U.S.C. 1862n (1) in subsection (a)(10)(A)(iii)(I), by striking are considered highly qualified are considered highly qualified teachers (2) in subsection (b)(3)(A), by striking or a high-need local educational agency in which at least one school does not make adequate yearly progress, as determined pursuant to part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) (j) Richard B. Russell National School Lunch Act Section 9 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758 (1) in subsection (b)— (A) in paragraph (5)(D), by striking section 1309 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6399 section 1312 of the Elementary and Secondary Education Act of 1965 (B) in paragraph (12)(A)(vi), by striking section 1309 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6399 section 1312 of the Elementary and Secondary Education Act of 1965 (2) in subsection (d)(2)(E), by striking section 1309 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6399 section 1312 of the Elementary and Secondary Education Act of 1965 (k) America COMPETES Reauthorization Act of 2010 Section 553(d)(6) of the America COMPETES Reauthorization Act of 2010 ( 20 U.S.C. 9903(d)(6) the requirements under section 9101(23) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(23) the requirements for a highly qualified teacher as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (l) Violence Against Women Act of 1994 Section 41403(6)(B)(iii) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e–2(6)(B)(iii)) is amended by striking section 1309 of the Elementary and Secondary Education Act of 1965; 20 U.S.C. 6399 section 1312 of the Elementary and Secondary Education Act of 1965 October 11, 2013 Reported with an amendment

Strengthening America's Schools Act of 2013

IDEA MOE Adjustment Act - Amends the Individuals with Disabilities Education Act to limit the penalty imposed on a state that reduces its level of funding for special education from one fiscal year to the next to a reduction of federal special education funds for one fiscal year. (Currently, that penalty may be imposed on a state for any fiscal year after the fiscal year the state reduces its special education funding.) Redistributes the federal special education funding that is denied to a penalized state to states that have not reduced their level of special education funding. Prohibits the Secretary of Education from considering those penalties or redistributions when calculating a state's share of federal special education funds for subsequent fiscal years.

To amend the Individuals with Disabilities Education Act in order to limit the penalties to a State that does not meet its maintenance of effort level of funding to a one-time penalty. 1. Short title This Act may be cited as the IDEA MOE Adjustment Act 2. Penalty limitation Section 612(a)(18) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1412(a)(18) (1) in subparagraph (B)— (A) by striking The Secretary shall reduce the allocation of funds under section 611 for any fiscal year (i) Reduction The Secretary shall reduce the allocation of funds under section 611 for 1 fiscal year ; and (2) by adding at the end the following: (ii) Distribution of funds In any case where a State's allocation under clause (i) is reduced, the Secretary shall distribute to all other States (as that term is defined in section 611(g)(2)) that were not subject to a reduction in allocation under such clause, the amount by which any State's allocation under section 611(d) was reduced under such clause, in accordance with subclauses (II) and (III) of section 611(d)(3)(A)(i) and without regard to paragraphs (A)(i)(I) and (B) of section 611(d)(3). (iii) Use of funds by States Each State that receives additional funds under clause (ii) shall allocate such funds to local educational agencies in accordance with section 611(f). (iv) No consideration for future years allocation Notwithstanding section 611(d), in calculating the amounts for allocations under such section for fiscal year 2013 and all subsequent years, the Secretary, when determining the amount a State received under such section for a preceding fiscal year, shall not consider— (I) any amount by which a State's allocation under such section for fiscal year 2012 or any subsequent year is reduced under clause (i); and (II) any amount by which a State's allocation increased, pursuant to clause (ii), as a result of a State's reduction in allocation for fiscal year 2012 or any subsequent year. .

IDEA MOE Adjustment Act

Office of Rural Education Policy Act - Amends the Department of Education Organization Act to establish an Office of Rural Education Policy (Office) in the Department of Education's Office of Elementary and Secondary Education. Requires the Office to be headed by a Director who advises the Secretary of Education on the characteristics and needs of rural schools, and the effects current policies and proposed statutory, regulatory, administrative, and budgetary changes have on states and local educational agencies (LEAs) that serve such schools. Requires the Director to: establish and maintain a clearinghouse for collecting and disseminating certain information on rural education; identify innovative research and demonstration projects on topics of importance to rural schools; coordinate rural education activities within the Department; inform the Department of other federal agency activities related to rural education; coordinate its activities with Indian schools and the Department of the Interior's responsibilities regarding such schools; provide technical assistance and other support for rural education improvement efforts; and produce an annual report, for Congress and the public, on the condition of rural education. Requires the Director to prepare regulatory impact analyses of the Secretary's proposed and final rules that may have a significant impact on states or LEAs that serve rural schools.

To establish an Office of Rural Education Policy in the Department of Education. 1. Short title This Act may be cited as the Office of Rural Education Policy Act 2. Findings and purposes (a) Findings Congress finds the following: (1) The Secretary of Education has recognized that [r]ural schools have unique challenges and benefits paucity of rural education research in the United States (2) Rural education is becoming an increasingly large and important part of the United States public school system. According to the Digest of Education Statistics reported annually by the National Center for Education Statistics, the number of students attending rural schools increased by more than 11 percent, from 10,500,000 to nearly 11,700,000, between the 2004–2005 and 2008–2009 school years. The share of the Nation’s public school enrollment attending rural schools increased from 21.6 percent to 23.8 percent. In school year 2008–2009, these students attended 31,635 rural schools, nearly one-third of all schools in the United States. (3) Despite the overall growth of rural education, rural students represent a demographic minority in all but 3 States, according to the National Center for Education Statistics. (4) Rural education is becoming increasingly diverse. According to the National Center for Education Statistics, the increase in rural enrollment between the 2004–2005 and 2008–2009 school years was disproportionally among students of color. Enrollment of children of color in rural schools increased by 31 percent, and the proportion of students enrolled in rural schools who are children of color increased from 23.0 to 26.5 percent. More than one-third of rural students in 12 States are children of color, according to research by the Rural School and Community Trust (Why Rural Matters 2009). (5) Rural education is varied and diverse across the Nation. In school year 2007–2008, the national average rate of student poverty in rural school districts, as measured by the rate of participation in federally subsidized meals programs, was 39.1 percent, but ranged from 9.7 percent in Connecticut to 71.9 percent in New Mexico, according to the National Center for Education Statistics. (6) Even policy measures intended to help rural schools can have unintended consequences. In awarding competitive grants under the Investing in Innovation Fund program under section 14007 of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 rural preference (7) Rural schools generally utilize distance education more often for both students and teachers. A fall 2008 survey of public schools by the National Center for Education Statistics found that rural schools were 1½ times more likely to provide students access for online distance learning than schools in cities. A September 2004 study from the Government Accountability Office reported that rural school districts used distance learning for teacher training more often than non-rural school districts. (8) The National Center for Education Statistics reports that base salaries of both the lowest and highest paid teachers are lower in rural schools than any other community type. (b) Purposes The purposes of this Act are— (1) to establish an Office of Rural Education Policy in the Department of Education; and (2) to provide input to the Secretary of Education regarding the impact of proposed changes in law, regulations, policies, rules, and budgets on rural schools and communities. 3. Establishment of Office of Rural Education Policy (a) In general Title II of the Department of Education Organization Act ( 20 U.S.C. 3411 et seq. 221. Office of Rural Education Policy (a) In general There shall be, in the Office of Elementary and Secondary Education of the Department, an Office of Rural Education Policy (referred to in this section as the Office (b) Director; duties (1) In general The Office shall be headed by a Director, who shall advise the Secretary on the characteristics and needs of rural schools and the effects of current policies and proposed statutory, regulatory, administrative, and budgetary changes on State educational agencies, and local educational agencies, that serve schools with a locale code of 32, 33, 41, 42, or 43, as determined by the Secretary. (2) Additional duties of the Director In addition to advising the Secretary with respect to the matters described in paragraph (1), the Director of the Office of Rural Education Policy (referred to in this section as the Director (A) establish and maintain a clearinghouse for collecting and disseminating information on— (i) teacher and principal recruitment and retention at rural elementary schools and rural secondary schools; (ii) access to, and implementation and use of, technology and distance learning at such schools; (iii) rigorous coursework delivery through distance learning at such schools; (iv) student achievement at such schools, including the achievement of low-income and minority students; (v) innovative approaches in rural education to increase student achievement; (vi) higher education and career readiness and secondary school completion of students enrolled in such schools; (vii) access to, and quality of, early childhood development for children located in rural areas; (viii) access to, or partnerships with, community-based organizations in rural areas; (ix) the availability of professional development opportunities for rural teachers and principals; (x) the availability of Federal and other grants and assistance that are specifically geared or applicable to rural schools; and (xi) the financing of such schools; (B) identify innovative research and demonstration projects on topics of importance to rural elementary schools and rural secondary schools, including gaps in such research, and recommend such topics for study by the Institute of Education Sciences and other research agencies; (C) coordinate the activities within the Department that relate to rural education; (D) provide information to the Secretary and others in the Department with respect to the activities of other Federal departments and agencies that relate to rural education, including activities relating to rural housing, rural agricultural services, rural transportation, rural economic development, rural career and technical training, rural health care, rural disability services, and rural mental health; (E) coordinate with the Bureau of Indian Education, the Bureau of Indian Affairs, the Department of the Interior, and the schools administered by such agencies regarding rural education; (F) provide, directly or through grants, cooperative agreements, or contracts, technical assistance and other activities as necessary to support activities related to improving education in rural areas; and (G) produce an annual report on the condition of rural education that is delivered to the members of the Education and the Workforce Committee of the House of Representatives and the Health, Education, Labor, and Pensions Committee of the Senate and published on the Department’s Web site. (c) Impact analyses of rules and regulations on rural schools (1) Proposed rulemaking Whenever the Secretary publishes a general notice of proposed rulemaking for any rule or regulation that may have a significant impact on State educational agencies or local educational agencies serving schools with a locale code of 32, 33, 41, 42, or 43, as determined by the Secretary, the Secretary (acting through the Director) shall prepare and make available for public comment an initial regulatory impact analysis. Such analysis shall describe the impact of the proposed rule or regulation on such State educational agencies and local educational agencies and shall set forth, with respect to such agencies, the matters required under section 603 of title 5, United States Code, to be set forth with respect to small entities. The initial regulatory impact analysis (or a summary) shall be published in the Federal Register at the time of the publication of general notice of proposed rulemaking for the rule or regulation. (2) Final rule Whenever the Secretary promulgates a final version of a rule or regulation with respect to which an initial regulatory impact analysis is required by paragraph (1), the Secretary (acting through the Director) shall prepare a final regulatory impact analysis with respect to the final version of such rule or regulation. Such analysis shall set forth, with respect to State educational agencies and local educational agencies serving schools with a locale code of 32, 33, 41, 42, or 43, as determined by the Secretary, the matters required under section 604 (3) Regulatory flexibility analysis If a regulatory flexibility analysis is required by chapter 6 . (b) Effective date Section 221(c) of the Department of Education Organization Act, as added by subsection (a), shall apply to regulations proposed more than 30 days after the date of enactment of this Act.

Office of Rural Education Policy Act

Protect America's Cities from Government Blacklist Act of 2013 - Prohibits a federal agency from establishing or implementing a policy that discourages or prohibits the selection of a location for travel, an event, a meeting, or a conference because the location is perceived to be a resort or vacation destination.

To prohibit a Federal agency from establishing or implementing a policy that discourages or prohibits the selection of a resort or vacation destination as the location for a conference or event, and for other purposes. 1. Short title This Act may be cited as the Protect America’s Cities from Government Blacklist Act of 2013 2. Limitation on certain travel and conferences policies of agencies of the United States An agency of the Government of the United States may not establish or implement a policy that discourages or prohibits the selection of a location for travel, an event, a meeting, or a conference because the location is perceived to be a resort or vacation destination.

Protect America's Cities from Government Blacklist Act of 2013

Responsible Implementation of Flood Insurance Reform Act of 2013 - Amends the National Flood Insurance Act of 1968 to limit the requirements for flood insurance premium rate adjustments to reflect the current risk of flood only to property located in an area participating in the national flood insurance program for which the Administrator of the Federal Emergency Management Agency (FEMA) has published in the Federal Register projected base flood elevations and designations of areas having specified flood hazards on or after December 31, 2013. Increases by 20% annually the flood insurance risk premium rates for certain properties sold on or after enactment of the Biggert-Waters Flood Insurance Reform Act of 2012 (July 6, 2012), and which are not subject to a specified 25% per year phase-in, until the average risk premium rate for such properties is equal to the average of the risk premium rates for properties within a specified single risk classification. Directs FEMA to establish a means by which a state or local government may submit to FEMA payments to fully cover the cost of any premium for property within its jurisdiction. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct FEMA, in providing hazard mitigation assistance in connection with flooding, to ensure that not less than 25% of the estimated aggregate amount of such assistance is used by a grant recipient to elevate, acquire, or relocate eligible properties within the recipient's jurisdiction. Prohibits FEMA, in determining whether a community has made adequate progress on the construction, reconstruction, or improvement of a flood protection system, from considering the level of federal funding or participation in such efforts. Revises requirements for the availability of flood insurance in a community which FEMA has determined to be in the process of restoring flood protection afforded by a system previously accredited on a Flood Insurance Rate Map as providing 100-year frequency flood protection but no longer does so. Declares that such requirements shall apply without regard to the level of federal funding of or participation in the construction, reconstruction, or improvement of the flood protection system. Prohibits FEMA from issuing a flood insurance rate map, or an update to one, unless: (1) the map or update adequately reflects the protection provided by any levee system in the area against the base flood, regardless of the system's accreditation status; or (2) the community in which any levee system is located elects not to provide the data necessary for FEMA to issue either a map or an update that adequately reflects the protection the system provides against the base flood.

To reform the Biggert-Waters Flood Insurance Reform Act of 2012 to responsibly protect homeownership. 1. Short title This Act may be cited as the Responsible Implementation of Flood Insurance Reform Act of 2013 2. Clarification on application of certain premium adjustments under the Biggert-Waters Flood Insurance Reform Act of 2012 (a) Clarification Section 1308(h) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(h) (1) by striking Notwithstanding (1) In general (2) by adding at the end the following: (2) Applicability The requirements under paragraph (1) shall only apply with respect to any property located in an area— (A) that is participating in the national flood insurance program; and (B) for which the Administrator has published in the Federal Register projected base flood elevations and designations of areas having special flood hazards under section 1363(a) on or after December 31, 2013. . (b) Effective date The amendments made by subsection (a) shall take effect as if enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 3. Phase-in of actuarial rates for newly purchased homes (a) In general Section 1308(e) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(e) (1) in paragraph (1), by striking and (2) in paragraph (2), by striking the period at the end and inserting ; and (3) by adding at the end the following: (3) not subject to the phase-in requirement under paragraph (2), which are sold on or after the date of enactment of the Biggert-Waters Flood Insurance Reform Act of 2012, and notwithstanding the requirements of section 1307(g), shall be increased by 20 percent each year, beginning in the year after the first such sale, until the average risk premium rate for such properties is equal to the average of the risk premium rates for properties described in paragraph (1). . (b) Effective date The amendments made by subsection (a) shall take effect as if enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 4. Local choice to protect homeowners The National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. 1308A. State and local government flexibility (a) In general The Administrator shall establish a means by which a State or local government may, on its own accord or in conjunction with other State or local governments, submit such payments to the Administrator as are necessary to fully cover the cost of any premium for any property within the jurisdiction of the State or local government. (b) Risk premium rate The Administrator shall require that the amount of any payment from a State or local government under subsection (a) be consistent with sections 1307 and 1308. . 5. Mitigation assistance for homeowners Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c (f) Special provision relating to flood mitigation (1) Definition In this subsection, the term eligible property (A) a property— (i) described in paragraph (1) or (2) of section 1307(g) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(g) (ii) for which a policy under the flood insurance program has lapsed in coverage, as a result of the deliberate choice of the holder of such policy, as described in paragraph (3) of section 1307(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(g)); or (iii) with respect to which a prospective insured refuses to accept any offer for mitigation assistance by the Administrator of the Federal Emergency Management Agency (including an offer to relocate), as described in paragraph (4) of section 1307(g) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(g) (B) a property for which the risk premium rate for flood insurance coverage under the National Flood Insurance Program increases under section 1308(h) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(h) (2) Mitigation against future flooding In providing hazard mitigation assistance under this section in connection with flooding, the Administrator of the Federal Management Agency shall ensure that not less than 25 percent of the estimated aggregate amount of such assistance provided to a grant recipient is used to elevate, acquire, or relocate eligible properties, to the extent that eligible properties exist within the jurisdiction of the grant recipient. . 6. Construction and restoration of flood protection systems (a) Adequate progress on construction of flood protection systems Section 1307(e) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(e) Notwithstanding any other provision of law, in determining whether a community has made adequate progress on the construction, reconstruction, or improvement of a flood protection system, the Administrator shall not consider the level of Federal funding of or participation in the construction, reconstruction, or improvement. (b) Communities restoring disaccredited flood protection systems Section 1307(f) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(f) no longer does so. no longer does so, and shall apply without regard to the level of Federal funding of or participation in the construction, reconstruction, or improvement of the flood protection system. 7. Appropriate credit for flood control structures Section 1360 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101 (k) Actual protection provided by levee systems The Administrator may not issue a flood insurance rate map or an update to a flood insurance rate map for an area unless— (1) the flood insurance rate map or update adequately reflects the protection provided by any levee system in the area against the base flood, regardless of the accreditation status of the levee system under section 65.10 (2) the community in which any levee system in the area is located elects not to provide the data necessary for the Administrator to issue a flood insurance rate map or update that adequately reflects the protection provided by the levee system against the base flood. .

Responsible Implementation of Flood Insurance Reform Act of 2013

Reducing Overlapping Payments Act - Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act to require reduced to zero the total of an individual's monthly disability insurance benefits and any spouse's, surviving spouse's, child's, widow's, widower's, or parent's OASDI benefits based on the individual's wages and self-employment income for any month before the individual attains retirement age in which that individual is entitled to both disability insurance benefits and unemployment compensation. (Thus allows only unemployment compensation in such a situation.)

To ensure that individuals do not simultaneously receive unemployment compensation and disability insurance benefits. 1. Short title This Act may be cited as the Reducing Overlapping Payments Act 2. Prohibition on payment of benefits based on receipt of unemployment compensation (a) In general Title II of the Social Security Act (42 U.S.C. 401 et seq.) is amended by inserting after section 224 the following new section: 224A. Prohibition on payment of benefits based on receipt of unemployment compensation (a) If for any month prior to the month in which an individual attains retirement age (as defined in section 216(l)(1))— (1) such individual is entitled to benefits under section 223, and (2) such individual is entitled for such month to unemployment compensation, the total of the individual's benefits under section 223 for such month and of any benefits under subsections (b) through (h) of section 202 for such month based on the individual's wages and self-employment income shall be reduced to zero. (b) (1) Notwithstanding any other provision of law, the head of any Federal agency shall provide such information within its possession as the Commissioner may require for purposes of making a timely determination under this section for reduction of benefits payable under this title, or verifying other information necessary in carrying out the provisions of this section. (2) The Commissioner is authorized to enter into agreements with States, political subdivisions, and other organizations that administer unemployment compensation, in order to obtain such information as the Commissioner may require to carry out the provisions of this section. (3) Any determination by the Commissioner pursuant to this section shall be subject to the requirements described in section 205(b)(1), including provision of reasonable notice and opportunity for a hearing. (c) For purposes of this section, the term unemployment compensation . (b) Effective date The amendment made by subsection (a) shall apply to benefits payable for months beginning after 180 days after the date of enactment of this Act.

Reducing Overlapping Payments Act

Fiscal Sustainability Act of 2013 - Amends title XI of the Social Security Act (SSA) to authorize a five-year renewable comprehensive Medicaid waiver to allow a state to elect to provide medical assistance under SSA title XIX (Medicaid), directly or by contract, to eligible individuals pursuant to the comprehensive waiver in lieu of providing such assistance under an approved state plan or an approved waiver. Allows a state to elect also to treat under the same comprehensive Medicaid waiver individuals eligible for child health assistance under SSA title XXI (State Children's Health Insurance Program) (CHIP). Makes a state conducting a comprehensive Medicaid waiver eligible for a shared savings bonus of 25% of the waiver savings. Directs the Secretary of Health and Human Services (HHS) to establish a template for determining the aggregate spending cap for each state for each period for which the state conducts a comprehensive Medicaid waiver. Amends SSA title XIX to phase-in elimination of allowable provider taxes under the Medicaid program. Medicare Total Health Act of 2013 - Amends SSA title XVIII (Medicare) to establish the Medicare Total Health Program. Sunsets Medicare Advantage (Medicare+Choice) plans under SSA title XVIII part C on January 1, 2017. Includes in a qualified Total Health benefits package: (1) standard health benefits coverage (as under the original Medicare fee-for-service program option) with access to negotiated process, and (2) alternative Total Health benefits coverage with at least actuarially equivalent benefits and access to negotiated prices. Allows a qualified Total Health benefits package to include supplemental health benefits coverage consisting of either or both of certain reductions in cost-sharing or additional benefits not covered under the original Medicare fee-for-service program option, which might be prescription drug coverage under Medicare part D (Voluntary Prescription Drug Benefits Program). Directs the Secretary to establish larger-than-county Total Health regions as service areas according to a specified procedure. Prescribes requirements for Total Health sponsors, premiums, directs subsidies and cost-sharing, special rules for employer-sponsored programs, and coordination with state Medicaid programs. Replaces the Medicare part B (Supplementary Medical Insurance Benefits for the Aged and Disabled) premium with a Medicare total health program plan premium. Establishes thresholds and caps for out-of-pocket expenses. Establishes a unified Medicare deductible of $550 for 2015 (adjusted for any subsequent year by the percentage change in the Chained Consumer Price Index for All Urban Consumers for the 12-month period ending with June of such preceding year). Establishes a uniform Medicare coinsurance rate of 20%. Directs the Secretary to request the National Association of Insurance Commissions to review and revise the standards for benefit packages, updating them to include requirements for specified cost-sharing. Prohibits issuance of Medicare supplemental (Medigap) policies to an individual after December 31, 2006, unless the individual was covered under a Medigap policy as of such date. Amends the Statutory Pay-As-You-Go-Act of 2010 to eliminate the exemption of Medicare payments to physicians from estimates of budgetary effects. Reduces from $80,000 to $50,000 the threshold amount for 2013 and subsequent years for determining the monthly amount of the premium subsidy (for high-income beneficiaries) applicable to Medicare part B and part D premiums. Extends temporary adjustments to income thresholds. Increases the Medicare eligibility age (currently age 65) to: (1) 65 and 2 months for an individual who attains age 65 bet wen 2013 and 2025, and (3) 67 for an individual who attains age 65 after 2024. Limits Medicare payments for direct graduate medical education (GME). Reduces the Medicare indirect GME payments. Accelerates: (1) application of productivity adjustment to Medicare home health prospective payment amounts, and (2) rebasing of Medicare home health prospective payments. Increases the percentage reduction of bad debt as an allowable cost in hospital, skilled nursing facility, and other provider services attributable to the deductibles and coinsurance amounts from FY2014 through FY 2018 (when bad debt will be eliminated as an allowable cost). Amends SSA title II (Old Age, Survivors, and Disability Insurance) (OASDI) to make adjustments to: (1) bend points in determining the primary insurance amount; and (2) calculation of benefit computation years. Establishes a minimum monthly Social Security insurance benefit. Increases monthly Social Security insurance benefit after 20 years of initial eligibility. Revises requirements for normal and early retirement age. Entitles disabled beneficiaries who attain early retirement age to only the larger or, if the individual so elects, only the smaller of disability or old age benefits. Directs the Commissioner of Social Security to establish: (1) an option for a fully insured individual to elect to receive a reduced monthly benefit after such individual attains age 62, and (2) a public information campaign to provide information and education regarding the implications on personal financial security of early and other retirement decisions and the need for greater retirement savings. Revises requirements for the coverage of state and local government employees. Amends the Internal Revenue Code to revise the formula for determining the cost-of-living adjustment for any calendar year. Modifies the cost-of-living indexation of Social Security benefits.

To provide a comprehensive deficit reduction plan, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Fiscal Sustainability Act of 2013 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Medicaid Sec. 1101. Comprehensive Medicaid Waivers. Sec. 1102. Phased-in elimination of allowable provider taxes under Medicaid. TITLE II—Medicare Subtitle A—Medicare Total Health program; Medicare Fee-for-Service program reforms; Reports Sec. 2000. Short title; purpose. PART I—Medicare Total Health program Sec. 2001. Establishment of Medicare Total Health program. Subpart 2—Medicare Total Health program Sec. 1860C–1. Eligibility, enrollment, and information. Sec. 1860C–2. Total Health plan benefits. Sec. 1860C–3. Access to a choice of qualified Total Health benefits plans. Sec. 1860C–4. Beneficiary protections for Total Health plan enrollees. Sec. 1860C–5. Total Health regions; submission of bids; Total Health plan approval. Sec. 1860C–6. Requirements for and contracts with Total Health sponsors. Sec. 1860C–7. Total Health premiums. Sec. 1860C–8. Premium and cost-sharing support for Total Health eligible individuals. Sec. 1860C–9. Exemption for MSA plans. Sec. 1860C–10. Special rules for employer-sponsored programs. Sec. 1860C–11. Coordination with State Medicaid programs. Sec. 1860C–12. Definitions and miscellaneous provisions. Sec. 2002. Replacement of part B premium with Medicare Total Health program plan premium; other technical and conforming amendments. PART II—Medicare fee-for-Service reforms Sec. 2011. Medicare protection against high out-of-pocket expenditures for fee-for-service benefits. Sec. 2012. Unified Medicare deductible. Sec. 2013. Uniform Medicare coinsurance rate. Sec. 2014. Prohibition on first-dollar coverage under Medigap policies and development of new standards for Medigap policies. PART III—Annual report to Congress Sec. 2021. Annual report to Congress. Subtitle B—Elimination of exemption of Medicare payments to physicians under statutory PAYGO Sec. 2101. Elimination of exemption of Medicare payments to physicians under statutory PAYGO. Subtitle C—Adjustments to Medicare part B and D premiums for high-Income beneficiaries Sec. 2201. Adjustments to Medicare part B and D premiums for high-income beneficiaries. Subtitle D—Increase in the Medicare eligibility age Sec. 2301. Increase in the Medicare eligibility age. Subtitle E—Other provisions Sec. 2401. Limitation on Medicare payments for direct graduate medical education (DGME). Sec. 2402. Reduction in Medicare indirect graduate medical education (IME) payments. Sec. 2403. Acceleration of application of productivity adjustment to Medicare home health prospective payment amounts. Sec. 2404. Acceleration of rebasing of Medicare home health prospective payment amounts. Sec. 2405. Reduction of bad debt treated as an allowable cost. TITLE III—Social Security Sec. 3101. Adjustments to bend points in determining primary insurance amount. Sec. 3102. Adjustment to calculation of benefit computation years. Sec. 3103. Minimum Social Security benefit. Sec. 3104. Increase in benefits starting 20 years after initial eligibility. Sec. 3105. Adjustment to normal and early retirement ages. Sec. 3106. Application of actuarial reduction for disabled beneficiaries who attain early retirement age. Sec. 3107. Option to collect up to one-half of old-age insurance benefit at age 62. Sec. 3108. Coverage of newly hired State and local employees. Sec. 3109. Inclusion in annual Social Security account statement of estimated present value of taxes and benefits for Social Security and Medicare and projected deficit as a percent of lifetime earnings. Sec. 3110. Retirement information campaign. TITLE IV—Conversion to chained CPI Sec. 4101. Conversion to Chained CPI. I Medicaid 1101. Comprehensive Medicaid Waivers Section 1115 of the Social Security Act ( 42 U.S.C. 1315 (g) Comprehensive Medicaid Waivers (1) Authority (A) In general A State may elect to provide medical assistance under title XIX, directly or by contract, to eligible individuals pursuant to a comprehensive Medicaid waiver under this subsection in lieu of providing such assistance under a State plan approved under title XIX or a waiver approved under subsection (d) or extended under subsection (e). A State shall make such an election by submitting a waiver application to the Secretary for certification that the application satisfies the requirements of paragraph (2). (B) Waiver of State Medicaid program requirements Any requirements applicable under this title or title XIX that would prevent a State from carrying out a comprehensive Medicaid waiver in accordance with the State's certified application and the requirements of this subsection are deemed waived. (C) Shared savings bonus A State conducting a comprehensive Medicaid waiver under this subsection shall be eligible for a shared savings bonus in accordance with paragraph (4). (D) Option to include CHIP-eligible individuals A State may elect to treat individuals eligible for child health assistance under the State child health plan under title XXI as eligible individuals under a comprehensive Medicaid waiver. The waiver application and determination of the aggregate spending cap for the State for the waiver period shall take into account the inclusion of such individuals in the comprehensive Medicaid waiver. Any requirements applicable under this title, title XIX, or title XXI that would prevent a State from including such individuals in the comprehensive Medicaid waiver in accordance with the State's certified application and the requirements of this subsection are deemed waived. (2) Comprehensive Medicaid waiver application An application for a comprehensive Medicaid waiver under this subsection shall contain the following: (A) General description of proposed benefit delivery models, eligibility criteria, and benefits A brief description, which may be in outline form, of the eligibility criteria and medical assistance to be provided that includes the methods for delivery of such assistance, the criteria for the determination of eligibility for such assistance, and the amount, duration, and scope of such assistance, including a description of the amount (if any) of premiums, deductibles, coinsurance, or other cost-sharing. (B) HEDIS measures to evaluate performance (i) In general A description of not less than 20 of the standard Medicaid Healthcare Effectiveness Data and Information Set (HEDIS) measures established by the National Committee for Quality Assurance selected by the State to annually evaluate the quality and cost-effectiveness of the medical assistance provided under the waiver, and for each such measure (and, if applicable, the distinct rates associated with the measure), the baseline data and the target performance goal applicable for each such measure or rate. The State shall select HEDIS measures that are closely aligned with the health care items and services that are provided to eligible individuals as medical assistance under the waiver. (ii) Evaluation The description under this subparagraph shall specify the independent entity that the State will use to evaluate the waiver. The State shall provide an assurance that the State will submit a copy of the annual evaluation to the Secretary. (C) Program integrity A brief description of the State's program to prevent waste, fraud, and abuse under the waiver. (D) Aggregate spending cap An assurance that the State agrees— (i) to establish categories that accurately account for each of the distinct population groups that will qualify as eligible individuals under the waiver (such as children, parents, pregnant women, and the blind or disabled) based on such criteria as are determined appropriate by the State (referred to in this subsection as a population category (ii) to provide the Secretary with all data relevant to the determination of the aggregate spending cap for the State for the waiver period, as determined by the Secretary under paragraph (3)(B); and (iii) with respect to each period for which the waiver is approved, to not receive any Federal payments from the Secretary for amounts expended during such period that exceed the aggregate spending cap. (3) Determination of aggregate spending cap (A) Establishment of spending template (i) In general The Secretary, in coordination with the Director of the Office of Management and Budget (referred to in this subsection as the Director (I) publish a proposed template not later than 60 days after the date of enactment of this subsection; (II) provide for a period for public comment on the proposed template; and (III) promulgate a final template not later than 120 days after such date of enactment. (ii) Revisions (I) In general Subject to subclause (II), the Secretary, in coordination with the Director, shall revise the template, as appropriate, not less than every 5 years pursuant to a process that allows for public comment prior to publication of the revised template. (II) Technical changes The Secretary or the Director may make any necessary technical or conforming changes to the template at such times and in such manner as is determined appropriate. (B) Determination of aggregate spending cap for each State (i) In general Subject to subparagraph (C), the aggregate spending cap applicable to a State for a waiver period shall be equal to 99 percent of the amount determined under clause (ii). (ii) Total amount of projected Federal payments The amount described in this clause is equal to the sum of— (I) the total amount of Federal payments that would otherwise be made to the State during the waiver period with respect to any disproportionate share payment adjustment made under section 1923; and (II) the sum of the amounts determined under clause (iii) for each population category. (iii) Projected Federal payments for medical assistance provided to population categories For purposes of clause (ii)(II), the Secretary and the Director shall calculate the amount of projected expenditures for the provision of medical assistance to eligible individuals in each population category during the waiver period (as determined based upon the population categories established and the data provided by the State pursuant to paragraph (2)(D), as well as the annual baseline estimates supplied by the Director and such other data as is determined appropriate by the Secretary), which shall be equal to the product of— (I) subject to clause (iv), the monthly per capita amount of Federal payments that were made to the State under the State plan under title XIX (or under a waiver approved under subsection (d) or extended under subsection (e)) for an individual in such population category during the fiscal year prior to the State application for the waiver (referred to in this paragraph as the population category per capita baseline (II) the number of individuals within such population category that are projected to be eligible to receive medical assistance during the waiver period; and (III) the number of months in the waiver period. (iv) Population categories with no baseline data For purposes of any determination under clause (iii)(I) for a population category that lacks sufficient data to calculate the population category per capita baseline and that consists of individuals for which the State would otherwise be required to provide medical assistance to pursuant to section 1902(a)(10)(A)(i)(VIII), the population category per capita baseline shall be equal to the monthly per capita amount of Federal payments that would otherwise have been made to the State under the State plan under title XIX (or under a waiver approved under subsection (d) or extended under subsection (e)) during the preceding fiscal year for an individual who is under 65 years of age, not pregnant, not entitled to, or enrolled for, benefits under part A of title XVIII, or enrolled for benefits under part B of title XVIII. (v) Budget neutrality In no event shall the aggregate spending cap established for a State for a waiver period allow for Federal payments to the State during the waiver period that exceed the amount of Federal payments to the State that would have been made during that period if the State had not elected to conduct a comprehensive Medicaid waiver under this subsection during the period. (C) Adjustment of aggregate spending cap for high unemployment For purposes of subparagraph (B)(i), if the average monthly unemployment rate (as defined in paragraph (8)(A)) for a State exceeds 10 percent for any consecutive period of at least 6 months occurring during the waiver period, the aggregate spending cap applicable to the State for such waiver period shall be equal to 100 percent of the amount determined under subparagraph (B)(ii). (4) Shared savings bonuses (A) In general The Secretary shall annually pay each State conducting a comprehensive Medicaid waiver under this subsection an amount equal to 25 percent of the waiver savings determined with respect to a State and a waiver period under subparagraph (C). (B) Dedicated to health care A State that receives a payment under this paragraph shall spend not less than 80 percent of the payment on health care services or health-related activities for eligible individuals. (C) Determination of waiver savings The Secretary and the Director shall establish a process for determining with respect to a State and a waiver period the amount of savings achieved by a State for the period. The process shall take into account the difference between the aggregate spending cap applicable to the State for the waiver period and the total amount expended by the State under the waiver for the period. (D) Payment; retrospective adjustment The Secretary shall make annual payments under this paragraph on the basis of claims submitted by the State for expenses paid by the State for medical assistance provided under the waiver, and such other investigation as the Secretary or the Director may find necessary, and may reduce or increase the payments as necessary to adjust for prior overpayments or under payments under this paragraph. (5) Duration (A) In general A State shall conduct a comprehensive Medicaid waiver under this subsection for a 5-year period. Subject to subparagraph (B), a comprehensive Medicaid waiver may be renewed for additional 3-year periods upon the request of the State, unless within 90 days after receipt of a State request for a renewal of a waiver, the Secretary and the Director determine, based on the State evaluations required under paragraph (2)(B), that the waiver should not be renewed. (B) State evaluations and target performance goals For purposes of subparagraph (A), the Secretary and the Director may not renew a waiver unless each of the measures or rates selected by the State pursuant to paragraph (2)(B) has improved or remained constant during the waiver period. (6) Limited Secretarial authority; administrative and judicial review (A) Certification of waiver applications (i) In general Except as provided under clause (ii), the Secretary and the Director shall have 90 days from receipt of an application by a State for a comprehensive Medicaid waiver to certify the application as satisfying the requirements of paragraph (2). (ii) Inquiries The Secretary and the Director may submit a single set of inquiries for additional information to the State during the initial 90-day period described under clause (i). If a State receives a set of inquires, the State shall have up to 60 days to respond. The Secretary and the Director shall have an additional 30-day period, starting on the date the Secretary receives a State response to a set of inquiries, to make a final determination as to whether the State's waiver application may be certified as complying with the requirements of paragraph (2). (iii) Failure to respond by the Secretary An application by a State for a comprehensive Medicaid waiver shall be deemed certified by the Secretary if the Secretary does not submit any inquiries during the initial 90-day review period. (iv) Effective date A waiver that has been certified by the Secretary (or deemed to be certified) may be effective, at the discretion of the State, as of the first day of the calendar quarter in which the application for the waiver was submitted by the State. (B) Denial of waiver applications or renewal requests (i) In general If the Secretary and the Director determine that an application for a comprehensive Medicaid waiver, or a request for extension of an existing comprehensive Medicaid waiver, does not satisfy the requirements of paragraph (2), the Secretary shall notify the State of the disapproval by written notification, not later than 10 days following the issuance of such determination and shall provide a detailed description of the reasons for the denial of the waiver to— (I) the State that submitted the waiver application or extension request; (II) the members of Congress representing such State; and (III) the Committee on Finance of the Senate and the Committee on Energy and Commerce of the House of Representatives. (ii) Administrative and judicial review (I) Administrative review Within 60 days after the date that a State receives notice of the denial of a waiver application or extension request, the State may appeal the determination to the Departmental Appeals Board established in the Department of Health and Human Services. The Departmental Appeals Board shall make a final determination with respect to an appeal filed under this subparagraph not less than 60 days after the date on which the appeal is filed. (II) Judicial review Within 60 days after the date of a final decision by the Board under subclause (I) that is adverse to a State, the State may obtain judicial review of the final decision by filing an action in the district court of the United States for the judicial district in which the principal or headquarters office of the State agency responsible for administering the State Medicaid program is located or the United States District Court for the District of Columbia. (C) Reports (i) In general Not later than 2 years after the date on which the Secretary and the Director first approve an application for a comprehensive Medicaid waiver under this subsection and every 3 years thereafter, the Comptroller General of the United States (referred to in this subparagraph as the Comptroller (ii) Reporting of information A State with a comprehensive Medicaid waiver under this subsection shall provide the Comptroller, in such form and manner as the Comptroller may require, with any relevant information regarding the waiver, including total expenditures by the State under the waiver, the number of individuals provided medical assistance under the waiver, and such other information as the Comptroller may require for purposes of preparing the reports required under this subparagraph. (7) Non-applications A comprehensive Medicaid waiver shall not apply to— (A) the pediatric vaccine program under section 1928; and (B) limitations on total payments to territories under section 1108. (8) Outreach and education (A) State awareness Not later than 30 days after the date of enactment of this subsection, the Secretary shall conduct an outreach and education campaign to States regarding the availability of comprehensive Medicaid waivers under this subsection. (B) Public notice and comment Before submitting an application for a comprehensive Medicaid waiver, a State shall make the proposed application available to the public through such means as the State determines appropriate and allow for a reasonable public comment period of not greater than 30 days. (C) Public awareness of approved waiver A State that has been certified for a comprehensive Medicaid waiver shall conduct an outreach and education campaign to ensure that health care providers and eligible individuals within the State are provided with adequate notice regarding the methods and criteria through which the State intends to provide medical assistance under the waiver. (9) Definitions In this subsection: (A) Average monthly unemployment rate The term average monthly unemployment rate (B) Eligible individual The term eligible individual (i) any individual who, for such year, the State would otherwise be required to provide medical assistance to pursuant to— (I) section 1902(a)(10)(A)(i); (II) paragraphs (1) or (4) of section 1902(e); (III) section 1925; or (IV) section 1931; and (ii) at the option of the State, any individual who, for such year, the State would otherwise provide child health assistance to under the State child health plan under title XXI; and (iii) at the option of the State, any individual who is not described in clause (i) or (ii) and who satisfies such income, resources, health status, or other criteria as the State may establish. (C) Medical assistance The term medical assistance (i) health care coverage (as determined by the State); and (ii) rehabilitation and other services to help eligible individuals attain or retain capability for independence or self-care, such as home and community-based services. (D) State Medicaid program The term State Medicaid program . 1102. Phased-in elimination of allowable provider taxes under Medicaid (a) In general Clause (ii) of section 1903(w)(4)(C) of the Social Security Act ( 42 U.S.C. 1396b(w)(4)(C) (ii) For purposes of clause (i), a determination of the existence of an indirect guarantee shall be made under paragraph (3)(i) of section 433.68(f) (I) for portions of fiscal years beginning on or after January 1, 2008, and before October 1, 2011, 5.5 percent 6 percent (II) for fiscal years 2012 and 2013, the percentage specified under such paragraph shall apply; (III) for fiscal years 2014 through 2022, the percentage determined under clause (iii) for the fiscal year shall be substituted for 6 percent (IV) for fiscal year 2023 and each fiscal year thereafter, 0 percent 6 percent (iii) For purposes of clause (ii)(III), the percentage determined under this clause shall be equal to the percentage applicable under subclause (II) or (III) of clause (ii) for the preceding fiscal year, reduced by 0.6 percentage points. . (b) Effective date The amendment made by subsection (a) shall take effect on October 1, 2013. II Medicare A Medicare Total Health program; Medicare Fee-for-Service program reforms; Reports 2000. Short title; purpose (a) Short title This subtitle may be cited as the Medicare Total Health Act of 2013 (b) Purpose The purpose of this subtitle is to amend title XVIII of the Social Security Act to improve the sustainability of the Medicare program by establishing a Total Health system, reforming the Medicare fee-for-service program, and for other purposes. I Medicare Total Health program 2001. Establishment of Medicare Total Health program (a) Sunset of Medicare Advantage plans Section 1851(a)(1) of the Social Security Act ( 42 U.S.C. 1395w–21(a)(1) Subject to For plan years beginning prior to January 1, 2017, and subject to (b) Establishment Part C of title XVIII of the Social Security Act ( 42 U.S.C. 1395w–21 et seq. (1) in the part heading, by striking Medicare+Choice program Medicare Advantage program; Medicare Total Health Program (2) by inserting before section 1851 the following: 1 Medicare Advantage program ; and (3) by adding at the end the following new subpart: 2 Medicare Total Health program 1860C–1. Eligibility, enrollment, and information (a) Eligibility (1) In general Notwithstanding section 1851(a)(1) and subject to the succeeding provisions of this subpart, each Total Health eligible individual (as defined in paragraph (3)) may elect to receive benefits under this title— (A) through the original medicare fee-for-service program under parts A and B, including the option to elect qualified prescription drug coverage in accordance with section 1860D–1; or (B) through enrollment in a Total Health plan under this subpart. (2) Coverage first effective January 1, 2017 Coverage under the Medicare Total Health program shall first be effective on January 1, 2017. (3) Total health eligible individual For purposes of this subpart, the term Total Health eligible individual (4) Types of total health plans that may be available A Total Health plan may be any of the types of plans of health insurance described in section 1851(a)(2)(A), including a plan for special needs individuals described in clause (ii) of such section. (b) Enrollment process for Total Health plans (1) Establishment of process (A) In general The Secretary shall establish a process for the enrollment, disenrollment, termination, and change of enrollment of Total Health eligible individuals in Total Health plans in a manner similar to (and coordinated with) the process established under section 1860D–1(b)(1). (B) Requirements Except as otherwise provided in this subsection, the process established under subparagraph (A) shall include a residency requirement similar to the residency requirement described in section 1851(b)(1) and shall take into account the process for exercising choice described in section 1851(c). (2) Initial enrollment period (A) Program initiation In the case of an individual who is a Total Health eligible individual as of November 15, 2016, there shall be an initial enrollment period beginning on October 15, 2016, and ending on December 7, 2016. (B) Continuing periods In the case of an individual who first becomes a Total Health eligible individual after November 15, 2016, there shall be an initial enrollment period which is the same as the period under section 1851(e)(1). (3) Annual, coordinated election period (A) In general As part of the process established under paragraph (1), each individual who is eligible to make an election under this section may change such election during an annual, coordinated election period. (B) Annual, coordinated election period For purposes of this section, the term annual, coordinated election period (4) Special enrollment periods The Secretary shall establish special enrollment periods that are similar to the special enrollment periods established under section 1851(e)(4). (5) Special rule (A) In general Notwithstanding any other provision of law, the process established under paragraph (1) shall include, in the case of a Total Health eligible individual who has failed to enroll in either the original medicare fee-for-service program option or a Total Health plan prior to the beginning of a plan year (including a full-benefit dual eligible individual (as defined in section 1935(c)(6))), for the enrollment in a Total Health plan with a monthly beneficiary premium under section 1860C–7(a) (taking into account any adjustment under subparagraph (B) or (C) of section 1860C–7(a)(2) and without regard to any adjustment under subparagraph (D) or (E) of such section) that does not exceed the base beneficiary premium computed under section 1860C–7(a)(1). (B) Selection of plan by the secretary In selecting a plan for the enrollment of a Total Health eligible individual under subparagraph (A), the Secretary shall first attempt to identify the Total Health plan in which the cost-sharing and health benefits are most similar to the coverage the individual had in the preceding plan year. If there is more than one such plan available, the Secretary shall enroll such an individual on a random basis among all such plans in the Total Health region. Nothing in the previous sentence shall prevent such an individual from declining or changing such enrollment. (C) Individuals who are not total health eligible individuals The Secretary shall establish procedures under which individuals who are entitled to, or enrolled for, coverage under part A or enrolled for coverage under part B (but not both), may continue to receive benefits with deductible and coinsurance amounts comparable to the benefits, deductible, and coinsurance amounts they would have received if this subpart had not been enacted. (c) Providing information to beneficiaries (1) In general The Secretary shall conduct activities that are designed to broadly disseminate information to Total Health eligible individuals (and prospective Total Health eligible individuals) regarding the coverage provided under this subpart. Such activities shall ensure that such information is first made available at least 30 days prior to the initial enrollment period described in subsection (b)(2)(A). (2) Activities The activities conducted under paragraph (1) shall be similar to the activities described in paragraph (2) of section 1860D–1(c) and contain comparative information similar to the information described in paragraph (3) of such section. 1860C–2. Total Health plan benefits (a) Requirements (1) Qualified total health benefits Each Total Health plan shall provide to individuals enrolled under this subpart, through providers and other persons that meet the applicable requirements of this title and part A of title XI, a qualified Total Health benefits package and qualified prescription drug coverage (described in section 1860D–2(a)). (2) Definition of qualified total health benefits package For purposes of this subpart, the term qualified Total Health benefits package (A) Standard health benefits coverage with access to negotiated prices Standard health benefits coverage (as defined in subsection (b)) and access to negotiated prices under subsection (d). (B) Alternative total health benefits coverage with at least actuarially equivalent benefits and access to negotiated prices Coverage of health benefits which meets the alternative health benefits coverage requirements under subsection (c) and access to negotiated prices under subsection (d), but only if the benefit design of such coverage is approved by the Secretary, as provided under subsection (c). (3) Permitting supplemental health benefits coverage (A) In general Subject to subparagraph (B), a qualified Total Health benefits package may include supplemental health benefits coverage consisting of either or both of the following: (i) Certain reductions in cost-sharing (I) In general A reduction in the annual deductible or a reduction in the coinsurance percentage, or any combination thereof, insofar as such a reduction or increase increases the actuarial value of benefits above the actuarial value of a basic Total Health benefits package. (II) Construction Nothing in this clause shall be construed as affecting the application of subsection (c)(3). (ii) Additional benefits Coverage of any health care item or service that is not covered under the original medicare fee-for-service program option or that is eligible for coverage under part D, subject to the approval of the Secretary. (B) Requirement for at least one basic benefits plan A Total Health sponsor may not offer a Total Health plan that provides supplemental health benefits coverage pursuant to subparagraph (A) in an area unless the sponsor also offers a Total Health plan in the area that only provides a basic Total Health benefits package. (4) Basic total health benefits package For purposes of this subpart, the term basic Total Health benefits package (A) Coverage that meets the requirements of paragraph (2)(A). (B) Coverage that meets the requirements of paragraph (2)(B) but does not have any supplemental health benefits coverage described in paragraph (3)(A). (5) Application of secondary payer provisions The provisions of section 1852(a)(4) shall apply under this subpart in the same manner as such provisions applied to a Medicare Advantage plan. (6) Construction Nothing in this subsection shall be construed as changing the computation of incurred costs under subsection (b)(3). (b) Standard health benefits coverage For purposes of this subpart, the term standard health benefits coverage (1) Deductible The coverage has an annual deductible that is equal to the amount of the unified deductible for the year under section 1899C. (2) 20 percent coinsurance The coverage has coinsurance (for costs above the annual deductible specified in paragraph (1) and up to the first threshold annual out-of-pocket limit specified in paragraph (3)(B)(i)) that is— (A) equal to 20 percent; or (B) actuarially equivalent (using processes and methods established by the Secretary) to an average expected payment of 20 percent of such costs. (3) Protection against high out-of-pocket expenditures (A) In general The coverage provides benefits, after the Total Health eligible individual has incurred costs (as described in subparagraph (C)) for health benefits in a year equal to— (i) the first threshold annual out-of-pocket limit specified in subparagraph (B)(i) for that year but less than the second threshold annual out-of-pocket limit specified in subparagraph (B)(ii) for that year, with coinsurance that is equal to 5 percent; and (ii) the second threshold annual out-of-pocket limit specified in subparagraph (B)(ii) for that year, without coinsurance. (B) Annual out-of-pocket limits specified For purposes of this subpart: (i) First threshold annual out-of-pocket limit specified The first threshold annual out-of-pocket limit (ii) Second threshold annual out-of-pocket limit specified The second threshold annual out-of-pocket limit (C) Application In applying subparagraph (A), incurred costs shall only include costs incurred with respect to health benefits for the annual deductible described in paragraph (1) and for cost-sharing described in paragraph (2) or paragraph (3)(A)(i), or for benefits that would have otherwise been covered under the plan but for the exhaustion of those benefits. Incurred costs do not include any costs incurred for health benefits which are not included (or treated as being included) under the plan. (c) Alternative total health benefits coverage requirements A Total Health plan may provide a different benefit design from standard health benefits coverage so long as the Secretary determines that the following requirements are met and the plan applies for, and receives, the approval of the Secretary for such benefit design: (1) Assuring at least actuarially equivalent coverage (A) Assuring equivalent value of total coverage The actuarial value of the total coverage is at least equal to the actuarial value of standard health benefits coverage. (B) Assuring equivalent unsubsidized value of coverage The unsubsidized value of the coverage is at least equal to the unsubsidized value of standard health benefits coverage. For purposes of this subparagraph, the unsubsidized value of coverage is the amount by which the actuarial value of the coverage exceeds the subsidy payments with respect to such coverage. (C) Assuring standard payment for costs below first threshold annual out-of-pocket limit The coverage is designed, based upon an actuarially representative pattern of utilization, to provide for the payment, with respect to costs incurred up to the first threshold annual out-of-pocket limit specified in subsection (b)(3)(B)(i), of an amount equal to at least the product of— (i) the amount by which the costs incurred exceed the deductible described in subsection (b)(1) for the year; and (ii) 100 percent minus the coinsurance percentage specified in subsection (b)(2). (2) Approval of benefit package The benefit package is approved by the Secretary as containing a comparable range of benefits to standard health benefits coverage and meets such other requirements of this subpart as the Secretary may specify. (3) Maximum required deductible The deductible under the coverage shall not exceed the deductible amount specified under subsection (b)(1) for the year. (4) Same protection against high out-of-pocket expenditures The coverage provides the coverage required under subsection (b)(3). (d) Access to negotiated prices (1) Access (A) In general Under a qualified Total Health benefits package offered by a Total Health sponsor offering a Total Health plan, the sponsor shall provide enrollees with access to negotiated prices used for payment for covered health benefits, regardless of the fact that no benefits may be payable under the coverage with respect to such benefits because of the application of a deductible or other cost-sharing. (B) Negotiated prices For purposes of this subpart, negotiated prices shall take into account negotiated price concessions, such as discounts, direct or indirect subsidies, rebates, and direct or indirect remunerations, for covered health benefits. (2) Audits To protect against fraud and abuse and to ensure proper disclosures and accounting under this part and in accordance with section 1857(d)(2)(B), the Secretary may conduct periodic audits, directly or through contracts, of the financial statements and records of Total Health sponsors with respect to Total Health Plans. (3) Application of general exclusion provisions (A) In general A Total Health plan may exclude from a qualified Total Health benefits package any health care item or service— (i) for which payment would not be made if section 1862(a) applied to this subpart; or (ii) which is not prescribed in accordance with the Total Health plan or this subpart. (B) Reconsideration and appeal Any exclusion under subparagraph (A) is a determination subject to reconsideration and appeal under this subpart. (e) Satisfaction of requirements A Total Health plan satisfies the requirements of subsection (a) in the same way a Medicare Advantage plan satisfied the requirements of section 1852(a)(2). 1860C–3. Access to a choice of qualified Total Health benefits plans (a) Assuring access to a choice of plans (1) Choice of at least two plans in each area The Secretary shall ensure that each Total Health eligible individual has available, consistent with paragraph (2), a choice of enrollment in at least 2 Total Health plans in the area in which the individual resides. (2) Requirement for different plan sponsors The requirement in paragraph (1) is not satisfied with respect to an area if only one entity offers all of the qualifying plans in the area. (b) Flexibility in risk assumed In order to ensure access pursuant to subsection (a) in an area the Secretary may approve limited risk plans under section 1860C–5(g) for the area. 1860C–4. Beneficiary protections for Total Health plan enrollees (a) Dissemination of information (1) General information A Total Health sponsor shall disclose, in a clear, accurate, and standardized form to each enrollee with a Total Health plan offered by the sponsor under this subpart at the time of enrollment and at least annually thereafter, the information described in section 1852(c)(1) relating to such plan, insofar as the Secretary determines appropriate with respect to benefits provided under this subpart, and including the information described in section 1860D–4 relating to qualified prescription drug coverage under the plan. (2) Disclosure upon request of general coverage, utilization, and grievance information Upon request of a Total Health eligible individual who is eligible to enroll in a Total Health plan, the Total Health sponsor offering such plan shall provide information similar (as determined by the Secretary) to the information described in section 1852(c)(2) to such individual. (3) Provision of specific information Each Total Health sponsor offering a Total Health plan shall have a mechanism for providing specific information on a timely basis to enrollees upon request. Such mechanism shall include access to information through the use of a toll-free telephone number and, upon request, the provision of such information in writing. (4) Claims information (A) In general A Total Health sponsor offering a Total Health plan must furnish to each enrollee in a form easily understandable to such enrollees— (i) an explanation of benefits (in accordance with section 1806(a) or in a comparable manner); and (ii) when Total Health benefits are provided under this subpart, a notice of the benefits in relation to— (I) the deductible described in paragraph (1) of section 1860C–2(b) for the current year; and (II) the annual out-of-pocket limits under paragraph (3) of such section for the current year. (B) Timing of notices Notices under subparagraph (A)(ii) need not be provided more often than as specified by the Secretary. (b) Access to health care providers (1) Assuring provider access (A) Discounts allowed for network providers For health benefits furnished through in-network providers, a Total Health plan may reduce coinsurance or copayments for Total Health eligible individuals enrolled in the plan below the level otherwise required. In no case shall such a reduction result in an increase in payments made by the Secretary under section 1860C–8 to the Total Health sponsor of the plan. (B) Convenient access for network providers (i) In general The Total Health sponsor of the Total Health plan shall secure the participation in its network of a sufficient number of health care providers that furnish health care items and services under the plan directly to patients to ensure convenient access (consistent with rules established by the Secretary). (ii) Adequate emergency access Such rules shall include adequate emergency access for enrollees. (C) Level playing field Such a sponsor shall permit enrollees to receive benefits through any health care provider participating in the program under this title with any differential in charge paid by such enrollees. (2) Use of standardized technology (A) In general The Total Health sponsor of a Total Health plan shall issue (and reissue, as appropriate) such a card (or other technology) that may be used by an enrollee to assure access to health benefits under this subpart. (B) Standards (i) In general The Secretary shall provide for the development, adoption, or recognition of standards relating to a standardized format for the card or other technology required under subparagraph (A). Such standards shall be compatible with part C of title XI and may be based on standards developed by an appropriate standard setting organization. (ii) Consultation In developing the standards under clause (i), the Secretary shall consult with standard setting organizations determined appropriate by the Secretary. (iii) Implementation The Secretary shall develop, adopt, or recognize the standards under clause (i) by such date as the Secretary determines shall be sufficient to ensure that Total Health sponsors utilize such standards beginning January 1, 2017. (c) Cost and utilization management; quality assurance; wellness program (1) In general The Total Health sponsor shall have in place, directly or through appropriate arrangements, the following: (A) A cost-effective health benefits management program, including incentives to reduce costs when medically appropriate. (B) Quality assurance measures and systems to reduce errors and improve the use of health benefits. (C) A wellness program described in paragraph (2). (D) A program to control fraud, abuse, and waste. Nothing in this section shall be construed as impairing a Total Health sponsor from utilizing cost management tools (including differential payments) under all methods of operation. (2) Wellness program (A) Description A wellness program described in this paragraph is a program focused on health improvement, disease prevention, and management of chronic conditions for Total Health eligible individuals enrolled in a plan under this part to optimize health outcomes through improved use of health care items and services and to reduce the risk of adverse events. (B) Elements Such program may include elements that promote— (i) enhanced enrollee understanding to promote the appropriate use of health care items and services by enrollees and to reduce the risk of potential adverse events and to improve health outcomes through beneficiary education, counseling, and other appropriate means; (ii) increased enrollee adherence with recommended regimens through compliance programs and other appropriate means; and (iii) detection of adverse events and patterns of overuse and underuse of health care items and services. (C) Assessment The Total Health sponsor shall have in place a process to assess, at least on a quarterly basis, the health benefits use of individuals who are not enrolled in the wellness program. (D) Wellness program enrollment The Total Health sponsor shall have in place a process to— (i) subject to clause (ii), automatically enroll plan enrollees in the wellness program required under this subsection; and (ii) permit plan enrolles to opt-out of enrollment in the wellness program. (E) Development of program in cooperation with physicians Such program shall be developed in cooperation with physicians. (F) Coordination with care management plans The Secretary shall establish guidelines for the coordination of any wellness program under this paragraph with respect to a targeted beneficiary described in section 1860D–4(c)(2)(A)(i) (applied by substituting Total Health eligible individual part D eligible individual (G) Considerations in provider fees The Total Health sponsor of a Total Health plan shall take into account, in establishing fees for entities providing services under such plan, the resources used, and time required to, implement the wellness program under this paragraph. Each such sponsor shall disclose to the Secretary upon request the amount of any such fees. (d) Consumer satisfaction surveys In order to provide for comparative information under section 1860C–1(c), the Secretary shall conduct consumer satisfaction surveys with respect to Total Health sponsors and Total Health plans in a manner similar to the manner such surveys were conducted for MA organizations and MA plans under subpart 1. (e) Grievance mechanism Each Total Health sponsor shall provide meaningful procedures for hearing and resolving grievances between the sponsor (including any entity or individual through which the sponsor provides covered benefits) and enrollees with Total Health plans of the sponsor under this part in accordance with section 1852(f). (f) Coverage determinations and reconsiderations A Total Health sponsor shall meet the requirements of paragraphs (1) through (3) of section 1852(g) with respect to covered benefits under the Total Health plan offered by the sponsor under this subpart in the same manner as such requirements applied to an MA organization with respect to covered benefits under an MA plan offered by the organization under subpart 1. (g) Appeals A Total Health sponsor shall meet the requirements of paragraphs (4) and (5) of section 1852(g) with respect to benefits in a manner similar (as determined by the Secretary) to the manner such requirements applied to an MA organization with respect to benefits under the original medicare fee-for-service program option under an MA plan. In applying this subsection, only the Total Health eligible individual shall be entitled to bring such an appeal. (h) Privacy, confidentiality, and accuracy of enrollee records The provisions of section 1852(h) shall apply to a Total Health sponsor and Total Health plan in the same manner as such provisions applied to an MA organization and an MA plan. (i) Treatment of accreditation Subparagraph (A) of section 1852(e)(4) (relating to treatment of accreditation) shall apply to a Total Health sponsor under this part in the same manner as such subparagraph applied to an MA organization. (j) Requirements with respect to sales and marketing activities The following provisions shall apply to a Total Health sponsor (and the agents, brokers, and other third parties representing such sponsor) in the same manner as such provisions applied to a Medicare Advantage organization (and the agents, brokers, and other third parties representing such organization): (1) The prohibition under section 1851(h)(4)(C) on conducting activities described in section 1851(j)(1). (2) The requirement under section 1851(h)(4)(D) to conduct activities described in paragraph (2) of section 1851(j) in accordance with the limitations established under such section. (3) The inclusion of the plan type in the plan name under section 1851(h)(6). (4) The requirements regarding the appointment of agents and brokers and compliance with State information requests under subparagraphs (A) and (B), respectively, of section 1851(h)(7). 1860C–5. Total Health regions; submission of bids; Total Health plan approval (a) Establishment of total health regions; service areas (1) Coverage of entire total health region (A) In general The service area for a Total Health plan shall consist of an entire Total Health region established under paragraph (2). (B) No use of segments of service areas In no case may a Total Health plan serve only segments of the service area. (2) Establishment of total health regions (A) In general The Secretary shall establish, and may revise, Total Health regions in accordance with the requirements of this paragraph. (B) Regions to be larger than a single county Total Health regions shall include more than one county. (C) Regions within msas Among counties in a metropolitan statistical area, a Total Health region shall include all of the counties located in the same State in that metropolitan statistical area. (D) Regions outside msas Among counties outside a metropolitan statistical area, a Total Health region shall include all of the counties in the same State that the Secretary determines are accurate reflections of health care market areas, such as health service areas. (E) Authority for territories The Secretary shall establish, and may revise, Total Health regions for areas in States that are not within the 50 States or the District of Columbia. (3) National plan Nothing in this subsection shall be construed as preventing a Total Health plan from being offered in more than one Total Health region (including all Total Health regions). (b) Submission of bids, premiums, and related information (1) In general A Total Health sponsor shall submit to the Secretary information described in paragraph (2) with respect to each Total Health plan it offers. Such information shall be submitted at the same time and in a similar manner to the manner in which information described in paragraph (6) of section 1854(a) was submitted by an MA organization under paragraph (1) of such section. (2) Information described The information described in this paragraph is information on the following: (A) Benefits package provided The qualified Total Health benefits package provided under the plan, including the deductible and other cost-sharing. (B) Actuarial value The actuarial value of the qualified Total Health benefits package in the Total Health region for a Total Health eligible individual with a national average risk profile for the factors described in section 1860C–8(b)(1)(A) (as specified by the Secretary). (C) Bid Information on the bid, including an actuarial certification of— (i) the basis for the actuarial value described in subparagraph (B) assumed in such bid; (ii) the portion of such bid attributable to a basic Total Health benefits package and, if applicable, the portion of such bid attributable to supplemental benefits; and (iii) administrative expenses assumed in the bid. (D) Service area The service area for the plan (as described in subsection (a)(1)). (E) Level of risk assumed Whether the Total Health sponsor requires a modification of risk level and, if so, the extent of such modification. Any such modification shall apply with respect to all Total Health plans offered by a Total Health sponsor in a Total Health region. (F) Additional information Such other information as the Secretary may require to carry out this subpart. (3) Paperwork reduction for offering of total health plans nationally or in multi-region areas The Secretary shall establish requirements for the submission of information under this subsection in a manner that promotes the offering of such plans in more than one Total Health region (including all regions) through the filing of consolidated information. (c) Medicare fee-for-Service bid For purposes of this subpart, the bid for benefits under the original medicare fee-for-service program option (as defined in section 1852(a)(1)(B)) is the dollar amount of the actuarial valuation of the benefits under that option for each Total Health region (as determined and submitted by the Chief Actuary of the Centers for Medicare & Medicaid Services using the same processes used to value Total Health plans under subsection (d)). (d) Actuarial valuation (1) Processes For purposes of this subpart, the Secretary shall establish processes and methods for determining the actuarial valuation of a Total Health benefits package, including— (A) an actuarial valuation of the benefits under the original medicare fee-for-service program option (as defined in section 1852(a)(1)(B)) in each service area; (B) actuarial valuations relating to the qualified Total Health benefits package under section 1860C–2(a)(1); (C) the use of generally accepted actuarial principles and methodologies; and (D) applying the same methodology for determinations of actuarial valuations under subparagraphs (A) and (B). (2) Accounting for utilization Such processes and methods for determining actuarial valuation shall take into account the effect that providing a qualified Total Health benefits package (rather than benefits under the original medicare fee-for-service program option) has on the utilization of health care items and services. (3) Responsibilities (A) Plan responsibilities Total Health sponsors are responsible for the preparation and submission of actuarial valuations required under this subpart for the Total Health plans offered by the sponsor. (B) Use of outside actuaries Under the processes and methods established under paragraph (1), Total Health sponsors offering a Total Health benefits package may use actuarial opinions certified by independent, qualified actuaries to establish actuarial values. (e) Review of information and negotiation (1) Review of information The Secretary shall review the information submitted under subsection (b) for the purpose of conducting negotiations under paragraph (2). (2) Negotiation regarding terms and conditions Subject to subsection (i), in exercising the authority under paragraph (1), the Secretary— (A) has the authority to negotiate the terms and conditions of the proposed bid submitted and other terms and conditions of a proposed plan; and (B) has authority similar to the authority of the Director of the Office of Personnel Management with respect to health benefits plans under chapter 89 (3) Rejection of bids Paragraph (5)(C) of section 1854(a) shall apply with respect to bids submitted by a Total Health sponsor under subsection (b) in the same manner as such paragraph applied to bids submitted by an MA organization under such section 1854(a). (f) Approval of proposed plans (1) In general After review and negotiation under subsection (e), the Secretary shall approve or disapprove the Total Health plan. (2) Requirements for approval The Secretary may approve a Total Health plan only if the Secretary determines the following requirements are met: (A) Compliance with requirements The plan and the Total Health sponsor offering the plan comply with the requirements under this subpart, including the provision of a qualified Total Health benefits package. (B) Actuarial determinations The plan and Total Health sponsor offering the plan meet the requirements under this subpart relating to actuarial determinations, including such requirements under section 1860C–2(c). (C) Application of FEHBP standard (i) In general The portion of the bid submitted under subsection (b) that is attributable to basic health benefits coverage is supported by the actuarial bases provided under such subsection and reasonably and equitably reflects the revenue requirements (as used for purposes of section 1302(8)(C) of the Public Health Service Act) for benefits provided under that plan. (ii) Supplemental coverage The portion of the bid submitted under subsection (b) that is attributable to supplemental health benefits coverage pursuant to section 1860C–2(a)(3) is supported by the actuarial bases provided under such subsection and reasonably and equitably reflects the revenue requirements (as used for purposes of section 1302(8)(C) of the Public Health Service Act) for such coverage under the plan. (D) Plan design The design of the plan and covered benefits under the plan are not likely to substantially discourage enrollment by certain Total Health eligible individuals in the plan. (g) Application of limited risk plans (1) Conditions for approval of limited risk plans The Secretary may only approve a limited risk plan (as defined in paragraph (4)(A)) for a Total Health region if the access requirements under section 1860C–3(a) would not be met for the region but for the approval of such a plan. (2) Rules The following rules shall apply with respect to the approval of a limited risk plan in a Total Health region: (A) Limited exercise of authority Only the minimum number of such plans may be approved in order to meet the access requirements under section 1860C–3(a). (B) Maximizing assumption of risk The Secretary shall provide priority in approval for those plans bearing the highest level of risk (as computed by the Secretary), but the Secretary may take into account the level of the bids submitted by such plans. (C) No full underwriting for limited risk plans In no case may the Secretary approve a limited risk plan under which the modification of risk level provides for no (or a de minimis) level of financial risk. (3) Acceptance of all full risk contracts There shall be no limit on the number of full risk plans that are approved under subsection (e). (4) Risk-plans defined For purposes of this subsection: (A) Limited risk plan The term limited risk plan (B) Full risk plan The term full risk plan (h) Annual report on use of limited risk plans The Secretary shall submit to Congress an annual report that describes instances in which limited risk plans were approved under this section. The Secretary shall include in such report such recommendations as may be appropriate to limit the need for the provision of such plans and to maximize the assumption of financial risk under such subsection. (i) Noninterference In order to promote competition under this part and in carrying out this part, the Secretary— (1) may not interfere with the negotiations between physicians or other health professionals, providers, suppliers, drug manufacturers, pharmacies, and Total Health sponsors; and (2) may not require a particular benefit design or formulary, or institute a price structure for the reimbursement of covered items and services. 1860C–6. Requirements for and contracts with Total Health sponsors (a) General requirements Each sponsor of a Total Health plan shall meet the following requirements: (1) Licensure Subject to subsection (c), the sponsor is organized and licensed under State law as a risk-bearing entity eligible to offer health insurance or health benefits coverage in each State in which it offers a Total Health plan. (2) Assumption of financial risk for unsubsidized coverage (A) In general Subject to subparagraph (B), to the extent that the entity is at risk the entity assumes financial risk on a prospective basis for benefits that it offers under a Total Health plan. (B) Reinsurance permitted The plan sponsor may obtain insurance or make other arrangements for the cost of coverage provided to any enrollee to the extent that the sponsor is at risk for providing such coverage. (3) Solvency for unlicensed sponsors In the case of a Total Health sponsor that is not described in paragraph (1) and for which a waiver has been approved under subsection (c), such sponsor shall meet solvency standards established by the Secretary under subsection (d). (b) Contract requirements (1) In general The Secretary shall not permit the enrollment under section 1860C–1 in a Total Health plan offered by a Total Health sponsor under this subpart, and the sponsor shall not be eligible for payments under section 1860C–8, unless the Secretary has entered into a contract under this subsection with the sponsor with respect to the offering of such plan. Such a contract with a sponsor may cover more than one Total Health plan. Such contract shall provide that the sponsor agrees to comply with the applicable requirements and standards of this subpart and the terms and conditions of payment as provided for in this subpart. (2) Incorporation of certain medicare advantage contract requirements Except as otherwise provided, the following provisions of section 1857 shall apply to contracts under this section in the same manner as such provisions applied to contracts under section 1857(a): (A) Minimum enrollment Paragraphs (1) and (3) of section 1857(b), except that— (i) the Secretary may increase the minimum number of enrollees required under such paragraph (1) as the Secretary determines appropriate; and (ii) the requirement of such paragraph (1) shall be waived during the first contract year with respect to an organization in a region. (B) Contract period and effectiveness Section 1857(c), except that in applying paragraph (4)(B) of such section any reference to payment amounts under section 1853 is deemed a reference to payment amounts under section 1860C–8. (C) Protections against fraud and beneficiary protections Section 1857(d). (D) Additional contract terms Section 1857(e); except that section 1857(e)(2) shall apply as specified to Total Health sponsors and payments to a Total Health plan under this subpart shall be treated as expenditures made under this subpart. Notwithstanding any other provision of law, information provided to the Secretary under the application of section 1857(e)(1) to contracts under this section under the preceding sentence— (i) may be used for the purposes of carrying out this subpart, improving public health through research on the utilization, safety, effectiveness, quality, and efficiency of health care services (as the Secretary determines appropriate); and (ii) shall be made available to Congressional support agencies (in accordance with their obligations to support Congress as set out in their authorizing statutes) for the purposes of conducting Congressional oversight, monitoring, making recommendations, and analysis of the program under this title. (E) Intermediate sanctions Section 1857(g) (other than paragraph (1)(F) of such section), except that in applying such section the reference in section 1857(g)(1)(B) to section 1854 is deemed a reference to this subpart. (F) Procedures for termination Section 1857(h). (c) Waiver of certain requirements To expand choice (1) Authorizing waiver (A) In general In the case of an entity that seeks to offer a Total Health plan in a State, the Secretary shall waive the requirement of subsection (a)(1) that the entity be licensed in that State if the Secretary determines, based on the application and other evidence presented to the Secretary, that any of the grounds for approval of the application described in paragraph (2) have been met. (B) Application of regional plan waiver rule In addition to the waiver available under subparagraph (A), the provisions of section 1858(d) shall apply to Total Health sponsors under this part in a manner similar to the manner in which such provisions applied to MA organizations. (2) Grounds for approval (A) In general The grounds for approval under this paragraph are— (i) subject to subparagraph (B), the grounds for approval described in subparagraphs (B), (C), and (D) of section 1855(a)(2); and (ii) the application by a State of any grounds other than those required under Federal law. (B) Special rules In applying subparagraph (A)(i)— (i) the ground of approval described in section 1855(a)(2)(B) is deemed to have been met if the State does not have a licensing process in effect with respect to the Total Health sponsor; and (ii) for plan years beginning before January 1, 2019, if the State does have such a licensing process in effect, such ground for approval described in such section is deemed to have been met upon submission of an application described in such section. (3) Application of waiver procedures With respect to an application for a waiver (or a waiver granted) under paragraph (1)(A) of this subsection, the provisions of subparagraphs (E), (F), and (G) of section 1855(a)(2) shall apply, except that clauses (i) and (ii) of such subparagraph (E) shall not apply in the case of a State that does not have a licensing process described in paragraph (2)(B)(i) in effect. (4) References to certain provisions In applying provisions of section 1855(a)(2) under paragraphs (2) and (3) of this subsection to Total Health plans and Total Health sponsors— (A) any reference to a waiver application under section 1855 shall be treated as a reference to a waiver application under paragraph (1)(A) of this subsection; and (B) any reference to solvency standards shall be treated as a reference to solvency standards established under subsection (d) of this section. (d) Solvency standards for non-Licensed entities (1) Establishment and publication The Secretary, in consultation with the National Association of Insurance Commissioners, shall establish and publish, by not later than January 1, 2016, financial solvency and capital adequacy standards for entities described in paragraph (2). (2) Compliance with standards A Total Health sponsor that is not licensed by a State under subsection (a)(1) and for which a waiver application has been approved under subsection (c) shall meet solvency and capital adequacy standards established under paragraph (1). The Secretary shall establish certification procedures for such sponsors with respect to such solvency standards in the manner described in section 1855(c)(2). (e) Licensure does not substitute for or constitute certification The fact that a Total Health sponsor is licensed in accordance with subsection (a)(1) or has a waiver application approved under subsection (c) does not deem the sponsor to meet other requirements imposed under this subpart for a sponsor. (f) Periodic review and revision of standards (1) In general Subject to paragraph (2), the Secretary may periodically review the standards established under this section and, based on such review, may revise such standards if the Secretary determines such revision to be appropriate. (2) Prohibition of midyear implementation of significant new regulatory requirements The Secretary may not implement, other than at the beginning of a calendar year, regulations under this section that impose new, significant regulatory requirements on a Total Health sponsor or a Total Health plan. (g) Prohibition of state imposition of premium taxes; relation to state laws The provisions of sections 1854(g) and 1856(b)(3) shall apply with respect to Total Health sponsors and Total Health plans under this part in the same manner as such provisions applied to MA organizations and MA plans. 1860C–7. Total Health premiums (a) Monthly beneficiary premium (1) Base beneficiary premium The base beneficiary premium under this paragraph for a Total Health plan for a month is equal to the product of— (A) 15 percent; and (B) an amount determined by the Secretary to be equal to the 40th percentile of the monthly standardized bid amounts (as defined in subsection (c), weighted under subsection (b), and adjusted under section 1860C–8(b)(2)) for the service area in which the plan is offered. (2) Computation of monthly beneficiary premium (A) In general The monthly beneficiary premium for a Total Health plan is the base beneficiary premium computed under paragraph (1) as adjusted under this paragraph. (B) Adjustment to reflect difference between bid and 40th percentile of the monthly standardized bid amount (i) Above 40th percentile If the beneficiary enrolls in a plan with a monthly standardized bid amount that exceeds the 40th percentile (as determined under paragraph (1)(B)), the base beneficiary premium for the month shall be increased by the amount of such excess. (ii) Below 40th percentile If the beneficiary enrolls in a plan with a monthly standardized bid amount that is less than the 40th percentile (as determined under paragraph (1)(B)), the base beneficiary premium for the month shall be decreased by the amount of such difference. Any reduction under the preceding sentence shall not result in a monthly beneficiary premium that is less than $0. (C) Increase for supplemental benefits The base beneficiary premium shall be increased by the portion of the Total Health approved bid that is attributable to supplemental benefits. (D) Increase for late enrollment penalty The base beneficiary premium shall be increased by the amount of any late enrollment penalty under subsection (e). (E) Increase based on income The monthly beneficiary premium shall be increased pursuant to subsection (f). (F) Uniform premium Except as provided in subparagraphs (D) and (E), the monthly beneficiary premium for a Total Health plan in a Total Health region is the same for all Total Health eligible individuals enrolled in the plan. (b) Weighting of bid amounts based on enrollment (1) In general For purposes of subsection (a)(1)(B), the weight for each plan in the service area shall be equal to the average number of Total Health eligible individuals enrolled in such plan in the reference month (as defined in section 1858(f)(4)). (2) Special rule for 2017 For purposes of applying this paragraph for 2017, the Secretary shall establish procedures for determining the weighted average under paragraph (1) for 2016. (c) Standardized bid amount defined For purposes of this subsection, the term standardized bid amount (1) Basic coverage only In the case of a Total Health plan that provides basic health benefits coverage, the Total Health approved bid (as defined in subsection (d)). (2) Plans offering supplemental coverage In the case of a Total Health plan that provides supplemental health benefits coverage, only the portion of the Total Health approved bid that is attributable to basic health benefits coverage. (d) Total health approved bid defined For purposes of this subpart, the term Total Health approved bid (1) with respect to a Total Health plan, the bid amount approved for the plan under section 1860C–5; (2) with respect to the original medicare fee-for-service program option, the bid described in section 1860C–5(c). (e) Late enrollment penalty The monthly beneficiary premium established under subsection (a) shall be subject to adjustment in the same manner as the part B monthly beneficiary premium computed under section 1839 is subject to adjustment under subsection (b) of such section, except that, in applying the late enrollment penalty under such subsection, the initial enrollment period of the individual shall be the enrollment period under 1860C–1(b)(2) instead of the initial enrollment period described in such section 1839(b). (f) Increase in base beneficiary premium based on income (1) In general In the case of an individual whose modified adjusted gross income (as defined in paragraph (2)) exceeds the threshold amount applicable under paragraph (2) of section 1839(i) (including application of paragraph (5) of such section), the Secretary shall substitute the applicable percentage determined under paragraph (3)(C) of section 1839(i) for the individual for the calendar year for the percentage described in subsection (a)(1)(A). (2) Modified adjusted gross income For purposes of this subsection, the term modified adjusted gross income (3) Determination by commissioner of social security The Commissioner of Social Security shall make any determination necessary to carry out the income-related increase in the base beneficiary premium under this subsection. (4) Procedures to assure correct income-related increase in base beneficiary premium (A) Disclosure of base beneficiary premium Not later than September 15 of each year beginning with 2016, the Secretary shall disclose to the Commissioner of Social Security the amount of the base beneficiary premium (as computed under subsection (a)(1)) for the purpose of carrying out the income-related increase in the base beneficiary premium under this subsection with respect to the following year. (B) Additional disclosure Not later than October 15 of each year beginning with 2016, the Secretary shall disclose to the Commissioner of Social Security the following information for the purpose of carrying out the income-related increase in the base beneficiary premium under this subsection with respect to the following year: (i) The modified adjusted gross income threshold applicable under paragraph (2) of section 1839(i) (including application of paragraph (5) of such section). (ii) The applicable percentage determined under paragraph (3)(C) of section 1839(i) (including application of paragraph (5) of such section). (iii) Any other information the Commissioner of Social Security determines necessary to carry out the income-related increase in the base beneficiary premium under this subsection. 1860C–8. Premium and cost-sharing support for Total Health eligible individuals (a) Direct subsidy payment The Secretary shall provide for payment to a Total Health sponsor that offers a Total Health plan a direct subsidy for each Total Health eligible individual enrolled in a Total Health plan for a month equal to— (1) the amount of the plan’s standardized bid amount (as defined in section 1860C–7(c)), adjusted under subsection (b)(1), reduced by (2) the base beneficiary premium (as computed under paragraph (1) of section 1860C–7(a) and as adjusted under paragraph (2)(B) of such section). (b) Adjustments relating to bids (1) Health status risk adjustment (A) Establishment of risk adjustors The Secretary shall establish an appropriate methodology for adjusting the standardized bid amount under subsection (a)(1) to take into account variation in costs for health benefits coverage among Total Health plans based on the differences in actuarial risk of different enrollees being served. Any such risk adjustment shall be designed in a manner so as not to result in a change in the aggregate amounts payable to such plans under subsection (a) and through that portion of the monthly beneficiary Total Health premiums described in subsection (a)(2). (B) Considerations In establishing the methodology under subparagraph (A), the Secretary may take into account the similar methodologies used under section 1853(a)(3) to adjust payments to MA organizations for benefits under the original medicare fee-for-service program option. (C) Data collection In order to carry out this paragraph, the Secretary shall require Total Health sponsors to submit data regarding claims that can be linked at the individual level to data under this title and such other information as the Secretary determines necessary. (D) Publication At the time of publication of risk adjustment factors under section 1860D–15(c)(1)(D), the Secretary shall publish the risk adjusters established under this paragraph for the succeeding year. (2) Geographic adjustment (A) In general Subject to subparagraph (B), for purposes of section 1860C–7(a)(1)(B), the Secretary shall establish an appropriate methodology for adjusting the amount determined under such section to take into account differences in prices for covered health benefits among Total Health regions. (B) De minimis rule If the Secretary determines that the price variations described in subparagraph (A) among Total Health regions are de minimis, the Secretary shall not provide for adjustment under this paragraph. (C) Budget neutral adjustment Any adjustment under this paragraph shall be applied in a manner so as to not result in a change in the aggregate payments made under this subpart that would have been made if the Secretary had not applied such adjustment. (c) Payment methods (1) In general Payments under this section shall be based on such a method as the Secretary determines. The Secretary may establish a payment method by which interim payments of amounts under this section are made during a year based on the Secretary’s best estimate of amounts that will be payable after obtaining all of the information. (2) Requirement for provision of information (A) Requirement Payments under this section to a Total Health sponsor are conditioned upon the furnishing to the Secretary, in a form and manner specified by the Secretary, of such information as may be required to carry out this section. (B) Restriction on use of information Information disclosed or obtained pursuant to subparagraph (A) may be used by officers, employees, and contractors of the Department of Health and Human Services only for the purposes of, and to the extent necessary in, carrying out this section. (3) Source of payments Payments under this section shall be made from the Federal Hospital Insurance Trust Fund under section 1817 and the Federal Supplementary Medical Insurance Trust Fund under section 1841, in such proportion as the Secretary determines appropriate. (4) Application of enrollee adjustment The provisions of section 1853(a)(2) shall apply to payments to Total Health sponsors under this section in the same manner as they applied to payments to MA organizations under section 1853(a). (d) Plans at risk for entire amount of benefits A Total Health sponsor that offers a plan under this subpart shall be at full financial risk for the provision of benefits under such plan. (e) Disclosure of information (1) In general Each contract under this subpart shall provide that— (A) the Total Health sponsor offering a Total Health plan shall provide the Secretary with such information as the Secretary determines is necessary to carry out this section; and (B) the Secretary shall have the right in accordance with section 1857(d)(2)(B) (as applied under section 1860C–6(b)(2)(C)) to inspect and audit any books and records of a Total Health sponsor that pertain to the information regarding costs provided to the Secretary under subparagraph (A). (2) Restriction on use of information Information disclosed or obtained pursuant to the provisions of this section may be used— (A) by officers, employees, and contractors of the Department of Health and Human Services for the purposes of, and to the extent necessary in— (i) carrying out this section; and (ii) conducting oversight, evaluation, and enforcement under this title; and (B) by the Attorney General and the Comptroller General of the United States for the purposes of, and to the extent necessary in, carrying out health oversight activities. 1860C–9. Exemption for MSA plans (a) In general None of the provisions in this subpart shall apply to an MSA plan (as defined in section 1859(b)(3)) and an MSA plan may not be a Total Health plan. (b) Continuing availability Notwithstanding any other provision of law, the Secretary shall establish procedures under which— (1) MSA plans may continue to operate on and after January 1, 2017; and (2) individuals who would have been eligible to enroll in those plans prior to such date continue to be eligible to enroll in such a plan. 1860C–10. Special rules for employer-sponsored programs (a) Subsidy payment (1) In general The Secretary shall provide in accordance with this subsection for payment to the sponsor of a qualified retiree health benefits plan (as defined in paragraph (2)) of a special subsidy payment equal to the amount specified in paragraph (3) for each qualified covered retiree under the plan (as defined in paragraph (4)). This subsection constitutes budget authority in advance of appropriations Acts and represents the obligation of the Secretary to provide for the payment of amounts provided under this section. (2) Qualified retiree health benefits plan defined For purposes of this subsection, the term qualified retiree health benefits plan (A) Attestation of actuarial equivalence to standard coverage The sponsor of the plan provides the Secretary, annually or at such other time as the Secretary may require, with an attestation that the actuarial value of health benefits coverage under the plan (as determined using the processes and methods described in section 1860C–5(d)) is at least equal to the actuarial value of standard health benefits coverage. (B) Audits The sponsor of the plan, or an administrator of the plan designated by the sponsor, shall maintain (and afford the Secretary access to) such records as the Secretary may require for purposes of audits and other oversight activities necessary to ensure the adequacy of health benefits coverage and the accuracy of payments made under this section. The provisions of section 1860C–2(d)(2) shall apply to such information under this section (including such actuarial value and attestation) in a manner similar to the manner in which they apply to financial records of Total Health sponsors. (C) Provision of disclosure regarding health benefits coverage (i) In general Each entity that offers employment-based retiree health coverage shall provide for disclosure, in a form, manner, and time consistent with standards established by the Secretary, to the Secretary and Total Health eligible individuals of whether the coverage meets the requirement of subparagraph (A) or whether such coverage is changed so it no longer meets such requirement. (ii) Disclosure of non-qualified coverage In the case of such coverage that does not meet such requirement, the disclosure to Total Health eligible individuals under this subparagraph shall include information regarding the fact that because such coverage does not meet such requirement there are limitations on the periods in a year in which the individuals may enroll under a Total Health plan. (iii) Waiver of requirement In the case of a Total Health eligible individual who was enrolled in employment-based retiree health coverage which does not meet the requirement of subparagraph (A), the individual may apply to the Secretary to have such coverage treated as a qualified retiree health benefits plan if the individual establishes that the individual was not adequately informed that such coverage did not meet such requirement. (3) Employer and union special subsidy amounts (A) In general For purposes of this subsection, the special subsidy payment amount under this paragraph for a qualifying covered retiree for a coverage year enrolled with the sponsor of a qualified retiree health benefits plan is, for the portion of the retiree’s gross covered retiree plan-related health benefits costs (as defined in subparagraph (C)(ii)) for such year that exceeds the cost threshold amount specified in subparagraph (B) and does not exceed the cost limit under such subparagraph, an amount equal to 28 percent of the allowable retiree costs (as defined in subparagraph (C)(i)) attributable to such gross covered retiree plan-related health benefits costs. (B) Cost threshold and cost limit applicable (i) In general Subject to clause (ii)— (I) the cost threshold under this subparagraph is equal to $250 for plan years that end in 2017; and (II) the cost limit under this subparagraph is equal to $5,000 for plan years that end in 2017. (ii) Indexing The cost threshold and cost limit amounts specified in subclauses (I) and (II) of clause (i) for a plan year that ends after 2017 shall be adjusted in the same manner as the unified deductible and the annual out-of-pocket limits, respectively, are annually adjusted under sections 1899B and 1899C. (C) Definitions For purposes of this paragraph: (i) Allowable retiree costs The term allowable retiree costs (ii) Gross covered retiree plan-related health benefits costs The term gross covered retiree plan-related health benefits costs (iii) Coverage year The term coverage year covered health benefits covered part D drugs (4) Qualifying covered retiree defined For purposes of this subsection, the term qualifying covered retiree (5) Payment methods, including provision of necessary information The provisions of section 1860C–8(c) (including paragraph (2) of such section, relating to requirement for provision of information) shall apply to payments under this subsection in a manner similar to the manner in which they apply to payments under section 1860C–8. (6) Construction Nothing in this subsection shall be construed as— (A) precluding a Total Health eligible individual who is covered under employment-based retiree health coverage from enrolling in a Total Health plan; (B) precluding such employment-based retiree health coverage or an employer or other person from paying all or any portion of any premium required for coverage under a Total Health plan on behalf of such an individual; (C) preventing such employment-based retiree health coverage from providing coverage— (i) that is better than standard health benefits coverage to retirees who are covered under a qualified retiree health benefits plan; or (ii) that is supplemental to the benefits provided under a Total Health plan, including benefits to retirees who are not covered under a qualified retiree health benefits plan but who are enrolled in such a Total Health plan; or (D) preventing employers from providing for flexibility in benefit design and provider access provisions, without regard to the requirements for basic health benefits coverage, so long as the actuarial equivalence requirement of paragraph (2)(A) is met. (b) Application of Medicare Advantage waiver authority The provisions of section 1857(i) shall apply with respect to Total Health plans in relation to employment-based retiree health coverage in a manner similar to the manner in which they applied to an MA plan in relation to employers, including authorizing the establishment of separate premium amounts for enrollees in a Total Health plan by reason of such coverage and limitations on enrollment to Total Health eligible individuals enrolled under such coverage. (c) Definitions For purposes of this section: (1) Employment-based retiree health coverage The term employment-based retiree health coverage (2) Sponsor The term sponsor (3) Group health plan The term group health plan (A) Federal and state governmental plans Such a plan established or maintained for its employees by the Government of the United States, by the government of any State or political subdivision thereof, or by any agency or instrumentality of any of the foregoing, including a health benefits plan offered under chapter 89 of title 5, United States Code. (B) Collectively bargained plans Such a plan established or maintained under or pursuant to one or more collective bargaining agreements. (C) Church plans Such a plan established and maintained for its employees (or their beneficiaries) by a church or by a convention or association of churches which is exempt from tax under section 501 of the Internal Revenue Code of 1986. 1860C–11. Coordination with State Medicaid programs (a) Application (1) In general Subject to subsection (c)(2), a State may apply to the Secretary for the waiver of any or all requirements described in this subpart for plan years beginning on or after January 1, 2017, with respect to a Total Health plan offered within the State for the purpose of coordinating that plan with its State plan under title XIX to ensure— (A) dually eligible individuals have full access to the services to which they are entitled; (B) the development of innovative care coordination and integration models; and (C) the elimination of financial misalignments that lead to poor quality and cost-shifting. (2) Requirements Such application shall— (A) be filed at such time and in such manner as the Secretary may require; (B) contain such information as the Secretary may require, including— (i) a comprehensive description of the proposal and program to implement a plan meeting the requirements for a waiver under this section; and (ii) an analysis of the proposal demonstrating that the plan will not increase Federal Government expenditures; and (C) provide an assurance that, if approved, the Total Health sponsor will offer the plan that is the subject of the proposal. (3) Waiver consideration and transparency (A) In general An application for a waiver under this section shall be considered by the Secretary in accordance with the regulations described in subparagraph (B). (B) Regulations Not later than 180 days after the date of enactment of this subpart, the Secretary shall promulgate regulations relating to waivers under this section that provide— (i) a process for public notice and comment sufficient to ensure a meaningful level of public input; (ii) a process for the submission of an application for the waiver; (iii) a process for the submission to the Secretary of periodic reports by the State concerning the implementation of the program under the waiver; and (iv) a process for the periodic evaluation by the Secretary of the program under the waiver. (C) Report The Secretary shall annually report to Congress concerning actions taken by the Secretary with respect to applications for waivers under this section. (4) State option to be a total health sponsor For purposes of this section, a State may elect to be the sponsor of a Total Health plan for residents of the State who are eligible for benefits under this title and title XIX or to apply on behalf of a Total Health sponsor offering a Total Health plan in the State. (5) Coordinated waiver process The Secretary shall develop a process for coordinating and consolidating the waiver processes applicable under the provisions of this section to ensure that individuals eligible to enroll in a plan offered under the waiver are initially able to do so during an annual, coordinated election period. (b) Granting of waivers (1) In general The Secretary may grant a request for a waiver under subsection (a)(1) only if the Secretary determines that the proposed Total Health plan— (A) will provide coverage that is at least as comprehensive as the coverage described in section 1860C–2(a)(1) as certified by Office of the Actuary of the Centers for Medicare & Medicaid Services; (B) will provide coverage and cost-sharing protections against excessive out-of-pocket spending that are at least as affordable as the provisions of this subtitle would provide; and (C) will not increase the Federal deficit. (c) Scope of waiver (1) In general Subject to paragraph (2), the Secretary shall determine the scope of a waiver granted with respect to a Total Health plan under subsection (a)(1). (2) Limitation The Secretary may only waive provisions under this title and titles II, XI, XIX, and XXI under a waiver under this section. (d) Determinations by the secretary (1) Time for determination The Secretary shall make a determination under subsection (a)(1) not later than 180 days after the receipt of an application from a State under such subsection. (2) Effect of determination (A) Granting of waivers If the Secretary determines to grant a waiver under subsection (a)(1), the Secretary shall notify the Total Health sponsor involved of such determination and the terms and effectiveness of such waiver. (B) Denial of waiver If the Secretary determines a waiver should not be granted under subsection (a)(1), the Secretary shall notify the Total Health sponsor involved, including the reasons therefor. (e) Term of waiver No waiver under this section may extend over a period of longer than 5 years unless the Total Health sponsor requests continuation of such waiver, and such request shall be deemed granted unless the Secretary, within 90 days after the date of the submission of the request to the Secretary, either denies such request in writing or informs the State in writing with respect to any additional information that is needed in order to make a final determination with respect to the request. 1860C–12. Definitions and miscellaneous provisions (a) Definitions For purposes of this subpart: (1) Basic health benefits coverage The term basic health benefits coverage (2) Insurance risk The term insurance risk (3) MA plan; Medicare Advantage plan The terms MA plan Medicare Advantage plan (4) Original medicare fee-for-service program option The term original medicare fee-for-service program option (5) Standard health benefits coverage The term standard health benefits coverage (6) Total health eligible individual The term Total Health eligible individual (7) Total health plan The term Total Health plan (A) under a policy, contract, or plan that has been approved under section 1860C–5(f); and (B) by a Total Health sponsor pursuant to, and in accordance with, a contract between the Secretary and the sponsor under section 1860C–6(b). (8) Total health sponsor The term Total Health sponsor (b) Application of subpart 1 provisions and regulations under this subpart For purposes of applying provisions of subpart 1 under this subpart (and regulations implementing such provisions) with respect to a Total Health plan and a Total Health sponsor, unless otherwise provided in this subpart, and to the extent consistent with this subpart, such provisions (and regulations implementing such provisions) shall be applied as the provisions (and regulations) applied for plan years beginning prior to January 1, 2017, and as if— (1) any reference to a Medicare Advantage plan or an MA plan included a reference to a Total Health plan; (2) any reference to an MA organization or a provider-sponsored organization included a reference to a Total Health sponsor; (3) any reference to a contract under section 1857 included a reference to a contract under section 1860C–6(b); (4) any reference to subpart 1 included a reference to this subpart; and (5) any reference to an election period under section 1851 were a reference to an enrollment period under section 1860C–1. . 2002. Replacement of part B premium with Medicare Total Health program plan premium; other technical and conforming amendments (a) Replacement of part b premium with Medicare total health program plan premium Section 1839 of the Social Security Act ( 42 U.S.C. 1395r (1) in subsection (a)(2), by striking The monthly premium Subject to subsection (j), (2) by adding at the end the following new subsection: (j) Replacement of part b premium with Medicare Total Health program plan premium (1) In general Notwithstanding the preceding provisions of this section, except as provided in paragraph (2), on and after January 1, 2017, in lieu of the premium otherwise applicable under this section, the monthly premium of each Total Health eligible individual (as defined in section 1860C–1(a)(3)) shall be the monthly beneficiary premium determined under section 1860C–7 for the Total Health plan or the original medicare fee-for-service program option and the plan year involved. (2) Individuals enrolled for coverage under part b only Individuals enrolled under this part only (and not entitled to, or enrolled for, benefits under part A) shall pay the premium that would have been calculated under this section but for the enactment of this subsection. (3) Crediting of premiums Premiums paid by each Total Health eligible individual enrolled in the original medicare fee-for-service program option (as defined in section 1860E–13(a)(4)), shall be deposited in the Treasury to the credit of the Federal Supplementary Medical Insurance Trust Fund under section 1841. . (b) Other technical and conforming amendments Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the appropriate committees of Congress a legislative proposal providing for such technical and conforming amendments in the law as are required by the provisions of this part and part II. II Medicare fee-for-Service reforms 2011. Medicare protection against high out-of-pocket expenditures for fee-for-service benefits Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 1899B. Protection against high out-of-pocket expenditures (a) In general Notwithstanding any other provision of this title, in the case of an individual entitled to, or enrolled for, benefits under part A or enrolled in part B, if the amount of the out-of-pocket cost-sharing of such individual for a year (beginning with 2015) equals or exceeds— (1) the first threshold annual out-of-pocket limit under subsection (b)(1) but is less than the second threshold annual out-of-pocket limit under subsection (b)(2) for that year, section 1899D(a) shall be applied by substituting 5 percent 20 percent (2) the second threshold annual out-of-pocket limit under subsection (b)(2) for that year, there shall not be any additional reduction under section 1899D for the remainder of the year (and the individual shall not be responsible for additional out-of-pocket cost-sharing incurred during that year). (b) Amount of annual out-of-Pocket limits (1) First threshold annual out-of-pocket limit The amount of the first threshold annual out-of-pocket limit under this subsection shall be— (A) for 2015, $5,500; or (B) for a subsequent year, the amount specified in this subsection for the preceding year increased or decreased by the percentage change in the Chained Consumer Price Index for All Urban Consumers for the 12-month period ending with June of such preceding year (as published in its initial form by the Bureau of Labor Statistics of the Department of Labor as of the end of such period). (2) Second threshold annual out-of-pocket limit The amount of the second threshold annual out-of-pocket limit under this subsection shall be— (A) for 2015, $7,500; or (B) for a subsequent year, the amount specified in this subsection for the preceding year increased or decreased by the percentage change in the Chained Consumer Price Index for All Urban Consumers for the 12-month period ending with June of such preceding year (as published in its initial form by the Bureau of Labor Statistics of the Department of Labor as of the end of such period). (3) Rounding If any amount determined under subparagraph (A) or (B) is not a multiple of $5, such amount shall be rounded to the nearest multiple of $5. (c) Out-of-Pocket cost-Sharing defined (1) In general Subject to paragraphs (2) and (3), in this section, the term out-of-pocket cost-sharing (A) deductibles, coinsurance and copayments applicable under part A or B; or (B) for items and services that would have otherwise been covered under part A or B but for the exhaustion of those benefits. (2) Certain costs not included (A) Non-covered items and services Expenses incurred for items and services which are not included (or treated as being included) under part A or B shall not be considered incurred expenses for purposes of determining out-of-pocket cost-sharing under paragraph (1). (B) Items and services not furnished on an assignment-related basis If an item or service is furnished to an individual under this title and is not furnished on an assignment-related basis, any additional expenses the individual incurs above the amount the individual would have incurred if the item or service was furnished on an assignment-related basis shall not be considered incurred expenses for purposes of determining out-of-pocket cost-sharing under paragraph (1). (3) Source of payment For purposes of paragraph (1), the Secretary shall consider expenses to be incurred by the individual without regard to whether the individual or another person, including a State program or other third-party coverage, has paid for such expenses. (d) Announcement of annual out-of-Pocket limit and unified deductible The Secretary shall (beginning in 2014) announce (in a manner intended to provide notice to all interested parties) the annual out-of-pocket limit under this section and the unified deductible under section 1899C that will be applicable for the succeeding year. . 2012. Unified Medicare deductible (a) In general Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), as amended by section 2011, is amended by adding at the end the following new section: 1899C. Unified part A and B deductible (a) In general Notwithstanding any other provision of this title, subject to subsection (d), for a year (beginning with 2015), in the case of an individual entitled to, or enrolled for, benefits under part A or enrolled in part B— (1) the amount otherwise payable under part A and the total amount of expenses incurred by the individual during a year which would (except for this section) constitute incurred expenses for which benefits payable under section 1833(a) are determinable, shall be reduced by the amount of the unified deductible under subsection (b); and (2) the individual shall be responsible for payment of such amount. (b) Amount of unified deductible (1) In general The amount of the unified deductible under this section shall be— (A) for 2015, $550; or (B) for a subsequent year, the amount specified in this subsection for the preceding year increased or decreased by the percentage change in the Chained Consumer Price Index for All Urban Consumers for the 12-month period ending with June of such preceding year (as published in its initial form by the Bureau of Labor Statistics of the Department of Labor as of the end of such period). (2) Rounding If any amount determined under paragraph (1) is not a multiple of $5, such amount shall be rounded to the nearest multiple of $5. (c) Application to all items and services The unified deductible under this section for a year shall be applied as follows: (1) With respect to items and services covered under part A, such unified deductible shall be applied on the basis of the amount that is payable for such items and services without regard to any copayments or coinsurance and before the application of any such copayments or coinsurance. (2) With respect to items and services covered under part B, such unified deductible shall be applied on the basis of the total amount of the expenses incurred by the individual during a year which would, except for the application of the unified deductible, constitute incurred expenses for which items and services are payable under part B, without regard to any copayments or coinsurance and before the application of any such copayments or coinsurance. (3) (A) Except as provided in subparagraph (B), such unified deductible shall be applied with respect to all items and services covered under parts A and B and in lieu of the deductibles described in sections 1813(b) and 1833(b) or otherwise. (B) The deductible applicable to blood under sections 1813 and 1833 shall apply to blood instead of such unified deductible. (d) Treatment of individuals not enrolled in both parts A and B The Secretary shall establish procedures under which an individual who entitled to, or enrolled for, benefits under part A or enrolled in part B (but not both) will continue to be subject to a deductible under this title that is comparable to the deductible the individual would have been subject to if this section had not been enacted. . (b) Clarification regarding application under medicare advantage Section 1852(a)(1)(B)(iii) of the Social Security Act (42 U.S.C. 1395w–22(a)(1)(B)(iii)) is amended by adding at the end the following new sentence: For plan years 2015 and 2016, the preceding sentence shall be applied to take into account the application of sections 1899B, 1899C, and 1899D. 2013. Uniform Medicare coinsurance rate (a) In general Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 1899D. Uniform part A and B coinsurance rate (a) In general Notwithstanding any other provision of this title, in the case of an individual entitled to, or enrolled for, benefits under part A or enrolled in part B, after the application of the unified deductible under section 1899C and subject to the limit on annual out-of-pocket expenses under section 1899B, the amount otherwise payable under part A and the total amount of expenses incurred by the individual during a year (beginning in 2015) which would (except for this section) constitute incurred expenses for which benefits are payable under part B, shall be reduced by a coinsurance of 20 percent of such amount. (b) Application to all items and services The uniform coinsurance under this section for a year shall be applied as follows: (1) With respect to items and services covered under part A, such uniform coinsurance shall be applied on the basis of the amount that is payable for such items and services. (2) With respect to items and services covered under part B, such uniform coinsurance shall be applied on the basis of the total amount of the expenses incurred by the individual during a year which would, except for the application of the unified deductible, constitute incurred expenses from which items and services are payable under part B. (3) (A) Except as provided in subparagraph (B), such uniform coinsurance shall be applied with respect to all items and services covered under parts A and B and in lieu of any other copayments or coinsurance under such parts. (B) Coinsurance for blood under this title shall be determined under the rules that were applicable to blood on December 31, 2014, rather than under this section. . (b) Conforming amendments (1) Section 1813 of the Social Security Act ( 42 U.S.C. 1395e (A) in subsection (a), by inserting Subject to sections 1899B, 1899C, and 1899D: (B) in subsection (b), by inserting Subject to sections 1899B, 1899C, and 1899D: (2) Section 1833 of the Social Security Act ( 42 U.S.C. 1395l (A) in subsection (a), in the matter preceding paragraph (1), by inserting and sections 1899B, 1899C, and 1899D succeeding provisions of this section (B) in subsection (b), in the first sentence, by striking Before applying Subject to sections 1899B, 1899C, and 1899D, before applying (C) in subsection (c)(1), in the matter preceding subparagraph (A), by inserting subject to sections 1899B, 1899C, and 1899D, this part, (D) in subsection (f), by striking In establishing Subject to sections 1899B, 1899C, and 1899D, in establishing (E) in subsection (g)(1), by inserting and sections 1899B, 1899C, and 1899D paragraphs (4) and (5) (3) Section 1905(p)(3) of the Social Security Act ( 42 U.S.C. 1396d(p)(3) (A) in subparagraph (B), by striking section 1813 sections 1813 and 1899D (B) in subparagraph (C), by striking and section 1833(b) , 1833(b), and 1899C 2014. Prohibition on first-dollar coverage under Medigap policies and development of new standards for Medigap policies Section 1882 of the Social Security Act (42 U.S.C. 1395ss) is amended by adding at the end the following new subsections: (z) Prohibition on first-Dollar coverage and development of new standards for medicare supplemental policies (1) Development The Secretary shall request the National Association of Insurance Commissioners to review and revise the standards for benefit packages under subsection (p)(1), taking into account the changes in benefits resulting from the enactment of the Fiscal Sustainability Act of 2013 1991 NAIC Model Regulation’ deemed a reference to the NAIC Model Regulation as published in the Federal Register on December 4, 1998, and as subsequently updated by the National Association of Insurance Commissioners to reflect previous changes in law and the reference to ‘date of enactment of this subsection Fiscal Sustainability Act of 2013 (2) Cost-sharing requirements The cost-sharing requirements described in this paragraph are that, notwithstanding any other provision of law, no medicare supplemental policy may provide for coverage of— (A) any portion of the unified deductible under section 1899C(b) for the year; and (B) more than 50 percent of the cost-sharing (excluding premiums) otherwise applicable under parts A and B after the individual has met the unified deductible under section 1899C(b) for the year and before the individual has reached the first threshold annual out-of-pocket limit under section 1899B(b)(1) for the year. (3) Renewability The renewability requirement under subsection (q)(1) shall be satisfied with the renewal of the revised package under paragraph (1) that most closely matches the policy in which the individual was enrolled prior to such revision. (aa) Limitation on issuing new medicare supplemental policies after 2016 (1) In general Notwithstanding any other provision of law, a medicare supplemental policies may not be issued to an individual after December 31, 2016, unless the individual was covered under a medicare supplemental policy as of such date. (2) Renewals and new policies Nothing in this subsection shall be construed as prohibiting— (A) the renewal after December 31, 2016, of a medicare supplemental policy that was issued on or before such date; or (B) the issuance of a new medicare supplemental policy after such date as long as the individual was covered under any medicare supplemental policy as of such date. . III Annual report to Congress 2021. Annual report to Congress (a) In general Not later than July 1, 2016, and annually thereafter, the Secretary of Health and Human Services shall submit to the Committee on Finance and the Special Committee on Aging of the Senate and to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives a report on the provisions of, and amendments made by, parts I and II. (b) Contents The report submitted under subsection (a) shall contain the following information: (1) An evaluation of the financial impact of such provisions and amendments. (2) An evaluation of changes in access to physicians and other health care providers as a result of such provisions and amendments. (3) An evaluation of changes in beneficiary satisfaction under the Medicare program as a result of such provisions and amendments. (4) Such other information as the Secretary determines to be appropriate. B Elimination of exemption of Medicare payments to physicians under statutory PAYGO 2101. Elimination of exemption of Medicare payments to physicians under statutory PAYGO (a) In general Section 7 of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 936 (1) in subsection (a), by striking paragraph (1); and (2) by striking subsection (c). (b) Effective date The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. C Adjustments to Medicare part B and D premiums for high-Income beneficiaries 2201. Adjustments to Medicare part B and D premiums for high-income beneficiaries (a) In general Section 1839(i) of the Social Security Act ( 42 U.S.C. 1395r(i) (1) in paragraph (2)(A), by inserting (or, in the case of 2013 or a subsequent year, $50,000) after $80,000 (2) in paragraph (3)— (A) in subparagraph (A)(i)— (i) by inserting applicable table (ii) by inserting and year individual (B) in subparagraph (C)(i)— (i) by striking (i) In general (i)(I) For 2007 through 2012 (ii) by adding at the end the following new subclause: (II) For 2013 and subsequent years For 2013 or a subsequent year: If the modified adjusted gross income is: The applicable percentage is: More than $50,000 but not more than $85,000 35 percent More than $85,000 but not more than $107,000 40 percent More than $107,000 but not more than $160,000 55 percent More than $160,000 but not more than $214,000 70 percent More than $214,000 but not more than $250,000 85 percent More than $250,000 100 percent. . (b) Extension of temporary adjustment to income thresholds (1) In general Section 1839(i)(6) of the Social Security Act ( 42 U.S.C. 1395r(i)(6) (A) in the matter preceding subparagraph (A), by striking December 31, 2019 December 31, 2021 (B) in subparagraph (A), by striking equal to such amount for 2010; and (i) in the case of each of 2011 and 2012, such amount for 2010; and (ii) in the case of each of 2013 through 2021, such amount for 2013; and ; and (C) in subparagraph (B), by striking equal to such dollar amounts for 2010. (i) in the case of each of 2011 and 2012, such dollar amounts for 2010; and (ii) in the case of each of 2013 through 2021, such dollar amounts for 2013. . (2) Conforming amendment Section 1839(i)(5)(A) of the Social Security Act (42 U.S.C. 1395r(i)(5)(A)) is amended by inserting for such year paragraph (2) or (3) D Increase in the Medicare eligibility age 2301. Increase in the Medicare eligibility age Section 226 of the Social Security Act (42 U.S.C. 426) is amended by adding at the end the following new subsection: (k) Increasing Medicare qualifying age (1) In general Notwithstanding any other provision of law, any reference in this section, title XVIII, or title XIX (insofar as it relates to the eligibility age for Medicare benefits under title XVIII) to age 65 (2) Medicare qualifying age specified The Medicare qualifying age specified in this paragraph is determined as follows: (A) In the case of an individual who attains 65 years of age before January 1, 2014, the Medicare qualifying age is 65 years of age. (B) In the case of an individual who attains 65 years of age in a year after 2013, and before 2025, the Medicare qualifying age is the Medicare qualifying age specified in this paragraph for the previous year increased by 2 months. (C) In the case of an individual who attains 65 years of age in a year after 2024, the Medicare qualifying age is 67 years of age. . E Other provisions 2401. Limitation on Medicare payments for direct graduate medical education (DGME) Section 1886(h)(2)(D) of the Social Security Act ( 42 U.S.C. 1395ww(h)(2)(D) (v) Cap on approved FTE resident amount (I) In general The approved FTE resident amount for a hospital for a cost reporting period beginning during fiscal year 2014 or a subsequent fiscal year shall not be more than the applicable amount for the year. (II) Applicable amount For purposes of subclause (I), the applicable amount for a year shall be an amount equal to 120 percent of the national average salary paid to residents in 2010, updated through the year involved by the Chained Consumer Price Index. (III) Chained Consumer Price Index In subclause (II), the term Chained Consumer Price Index . 2402. Reduction in Medicare indirect graduate medical education (IME) payments (a) In general Section 1886(d)(5)(B)(ii) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B)(ii) (1) in subclause (XI), by striking and (2) in subclause (XII)— (A) by inserting and before October 1, 2013, 2007, (B) by striking the period at the end and inserting ; and (3) by adding at the end the following new subclause: (XIII) on or after October 1, 2013, c . (b) Conforming amendment relating to determination of standardized amount Section 1886(d)(2)(C)(i) of the Social Security Act (42 U.S.C. 1395ww(d)(2)(C)(i)) is amended by inserting or of section 2402(a) of the Fiscal Sustainability Act of 2013 Act of 1997 2403. Acceleration of application of productivity adjustment to Medicare home health prospective payment amounts Section 1895(b)(3)(B)(vi)(I) of the Social Security Act (42 U.S.C. 1395fff(b)(3)(B)(vi)(I)) is amended by striking 2015 2014 2404. Acceleration of rebasing of Medicare home health prospective payment amounts Section 1895(b)(3)(A)(iii)(II) of the Social Security Act ( 42 U.S.C. 1395fff(b)(3)(A)(iii)(II) (1) in the first sentence— (A) by striking 4-year 2-year (B) by striking 2017 2015 (2) by striking the second sentence. 2405. Reduction of bad debt treated as an allowable cost (a) Hospitals Section 1861(v)(1)(T) of the Social Security Act ( 42 U.S.C. 1395x(v)(1)(T) (1) in clause (iv), by striking and (2) in clause (v)— (A) by striking or a subsequent fiscal year (B) by striking the period at the end and inserting a comma; and (3) by adding at the end the following: (vi) for cost reporting periods beginning during fiscal year 2014, by 48 percent of such amount otherwise allowable, (vii) for cost reporting periods beginning during fiscal year 2015, by 61 percent of such amount otherwise allowable, (viii) for cost reporting periods beginning during fiscal year 2016, by 74 percent of such amount otherwise allowable, (ix) for cost reporting periods beginning during fiscal year 2017, by 87 percent of such amount otherwise allowable, and (x) for cost reporting periods beginning during fiscal year 2018 or a subsequent fiscal year, by 100 percent of such amount otherwise allowable. . (b) Skilled nursing facilities Section 1861(v)(1)(V) of the Social Security Act ( 42 U.S.C. 1395x(v)(1)(V) (1) by moving subclauses (I) and (II) of clause (i) and subclauses (I) through (IV) of clause (ii) two ems to the right; and (2) in clause (i)— (A) in subclause (I), by striking and (B) in subclause (II)— (i) by striking or a subsequent fiscal year (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (III) for cost reporting periods beginning during fiscal year 2014, by 48 percent of such amount otherwise allowable; (IV) for cost reporting periods beginning during fiscal year 2015, by 61 percent of such amount otherwise allowable; (V) for cost reporting periods beginning during fiscal year 2016, by 74 percent of such amount otherwise allowable; (VI) for cost reporting periods beginning during fiscal year 2017, by 87 percent of such amount otherwise allowable; and (VII) for cost reporting periods beginning during fiscal year 2018 or a subsequent fiscal year, by 100 percent of such amount otherwise allowable. . (c) Certain other providers Section 1861(v)(1)(W)(i) of the Social Security Act ( 42 U.S.C. 1395x(v)(1)(W)(i) (1) in subclause (II), by striking and (2) in subclause (III)— (A) by striking a subsequent fiscal year fiscal year 2015 (B) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (IV) for cost reporting periods beginning during fiscal year 2016, by 48 percent of such amount otherwise allowable; (V) for cost reporting periods beginning during fiscal year 2017, by 61 percent of such amount otherwise allowable; (VI) for cost reporting periods beginning during fiscal year 2018, by 74 percent of such amount otherwise allowable; (VII) for cost reporting periods beginning during fiscal year 2019, by 87 percent of such amount otherwise allowable; and (VIII) for cost reporting periods beginning during fiscal year 2020 or a subsequent fiscal year, by 100 percent of such amount otherwise allowable. . III Social Security 3101. Adjustments to bend points in determining primary insurance amount Section 215(a)(1) of the Social Security Act (1) in subparagraph (A), in the matter preceding clause (i), by inserting who initially becomes eligible for old-age or disability insurance benefits, or who dies (before becoming eligible for such benefits), in any calendar year after 1979 and before 2017 individual (2) in subparagraph (B)(ii), in the matter preceding subclause (I), by inserting and before 2017 after 1979 (3) in subparagraph (C)(i), by inserting or (E) (A) (4) by adding at the end the following: (E) (i) The primary insurance amount of an individual who initially becomes eligible for old-age or disability insurance benefits, or who dies (before becoming eligible for such benefits), in any calendar year after 2016 shall (except as otherwise provided in this section) be equal to the sum of— (I) 90 percent of the individual's average indexed monthly earnings (determined under subsection (b)) to the extent that such earnings do not exceed the amount established for purposes of this subclause by clause (ii), (II) 30 percent of the individual's average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of subclause (I) but do not exceed the amount established for purposes of this subclause by clause (ii), (III) 10 percent of the individual's average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of subclause (II) but do not exceed the amount established for purposes of this subclause by clause (ii), and (IV) 5 percent of the individual's average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of subclause (III), rounded, if not a multiple of $0.10, to the next lower multiple of $0.10, and thereafter increased as provided in subsection (i). (ii) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits) in the calendar year 2017 or later, the amount established for purposes of subclauses (I), (II), and (III) of subparagraph (E)(i) shall be $180, $736, and $1,085, respectively, as if such amount was applicable with respect to 1979 and was adjusted for years after 1979 in the same manner as provided under subparagraph (B)(ii), without regard to the limitation that such adjustment only applies to individuals who initially become eligible for old-age benefits or disability insurance benefits, or who die (before becoming eligible for benefits) before 2017. (iii) (I) Notwithstanding clauses (i) and (ii), in the case of any individual who becomes eligible for old-age or disability insurance benefits, or who dies (before becoming eligible for such benefits) in any calendar year after 2016 and before 2051, the primary insurance amount of the individual shall be equal to the sum of— (aa) the primary insurance amount determined for the individual under subparagraphs (A) and (B) (without regard to the limitation that such subparagraphs apply only to individuals who initially become eligible for old-age benefits or disability insurance benefits, or who die (before becoming eligible for benefits) before 2017) multiplied by the applicable phase-in factor for the calendar year under subclause (II); and (bb) the primary insurance amount determined for the individual under this subparagraph (other than under this clause) multiplied by the applicable phase-in factor for the calendar year under subclause (II). (II) For purposes of— (aa) subclause (I)(aa), the applicable phase-in factor for calendar year 2017, is the quotient of 33 divided by 34, and for each year thereafter is the quotient of— (AA) the numerator applicable for the preceding year reduced by 1, divided by (BB) 34; and (bb) subclause (I)(bb), the applicable phase-in factor for calendar year 2017 is the quotient of 1 divided by 34, and for each year thereafter is the quotient of— (AA) the numerator applicable for the preceding year increased by 1, divided by (BB) 34. . 3102. Adjustment to calculation of benefit computation years (a) In general Clause (i) of section 215(b)(2)(A) of the Social Security Act ( 42 U.S.C. 415(b)(2)(A) (i) in the case of an individual who is entitled to old-age insurance benefits (except as provided in the second sentence of this subparagraph), or who has died— (I) before January 1, 2014, by 5 years; (II) after December 31, 2013, and before January 1, 2015, by 4 years; (III) after December 31, 2014, and before January 1, 2016, by 3 years; and (IV) after December 31, 2015, and before January 1, 2017, by 2 years; and . (b) Effective date The amendments made by this section shall apply to benefits payable for months beginning after December 31, 2013. 3103. Minimum Social Security benefit (a) In general Section 215 of the Social Security Act 42 U.S.C. 415 (j) Minimum monthly insurance benefit (1) Notwithstanding the preceding provisions of this section— (A) subject to paragraph (3), the primary insurance amount of any individual who is credited with at least 10 years of coverage and who initially becomes eligible for old-age or disability insurance benefits or dies (before becoming eligible for such benefits) for a month beginning after December 31, 2016 (in this subsection referred to as a qualified individual (i) the primary insurance amount determined under this section (without regard to this subsection), or (ii) the minimum monthly insurance benefit determined under paragraph (2), and (B) any recomputation of the primary insurance amount of a qualified individual shall not result in a primary insurance amount less than the primary insurance amount as in effect immediately prior to such recomputation. (2) For purposes of this subsection, the term minimum monthly insurance benefit 1/12 (3) (A) For purposes of this subsection, subject to subparagraph (B), the applicable percentage shall be 125 percent reduced by the number of percentage points determined under subparagraph (B)(ii) for each year of coverage of the qualified individual less than 30. (B) (i) In the case of an individual who initially becomes eligible for disability insurance benefits under section 223 before attaining age 62, or who dies before attaining age 62, in a month beginning after December 31, 2016, and who is credited with at least 5 years of coverage, the individual shall be treated as a qualified individual and the applicable percentage shall be 125 reduced by the number of percentage points determined under clause (ii) for each year of coverage of the qualified individual less than the number as determined under clause (iii). (ii) The number of percentage points under this clause shall be determined by— (I) dividing the number of the qualifying individual’s elapsed years (as defined in subsection (b)(2)(B)(iii)) by 40; (II) multiplying the result under subclause (I) by 20; and (III) dividing 125 by the result under subclause (II) and rounding to the nearest one hundredth of 1 percentage point. (iii) The number of years of coverage under this clause shall be determined by multiplying the ratio determined under clause (ii)(I) by 30 and rounding to the next lower whole number. (4) For purposes of this subsection, a year of coverage is a calendar year for which an individual is credited with 4 quarters of coverage. (5) For purposes of this subsection— (A) for individuals who initially become eligible for old-age or disability insurance benefits or die (before becoming eligible for such benefits) in 2017, the term adjusted minimum benefit level (B) for individuals who initially become eligible for old-age or disability insurance benefits or die (before becoming eligible for such benefits) in a year after 2017, the term adjusted minimum benefit level the computation base year for which the determination is made 2009 (6) The provisions of this subsection shall not apply in the case of an individual whose primary insurance amount would otherwise be computed under subsection (a)(7). . (b) Conforming amendment Section 202(a) of such Act ( 42 U.S.C. 402(a) section 215(a) section 215 3104. Increase in benefits starting 20 years after initial eligibility (a) In general Section 215 of the Social Security Act 42 U.S.C. 415 (k) Increased monthly insurance benefit after 20 years of initial eligibility (1) Notwithstanding the preceding provisions of this section, in the case of an individual who is a 20-year beneficiary, the primary insurance amount of the individual (as determined before the application of this subsection) shall be increased for months beginning with the first month for which the individual attains such status by the amount equal to the applicable percentage of the applicable average primary insurance amount. (2) For purposes of this subsection, the term 20-year beneficiary (3) For purposes of paragraph (1), the term applicable average primary insurance amount (4) For purposes of paragraph (1), the applicable percentage is— (A) for each month occurring during the first 12-month period for which an individual is a 20-year beneficiary, 1 percent; (B) for each month occurring during the second 12-month period for which an individual is such a beneficiary, 2 percent; (C) for each month occurring during the third 12-month period for which an individual is such a beneficiary, 3 percent; (D) for each month occurring during the fourth 12-month period for which an individual is such a beneficiary, 4 percent; and (E) for each month occurring thereafter, 5 percent. . (b) Effective date The amendments made by this section shall apply to benefits payable for months beginning after December 31, 2013. 3105. Adjustment to normal and early retirement ages Section 216(l) of the Social Security Act ( 42 U.S.C. 416(l) (1) in paragraph (1)— (A) in subparagraph (D), by striking ; and (B) by striking subparagraph (E) and inserting the following new subparagraphs: (E) with respect to an individual who attains early retirement age after December 31, 2021, and before January 1, 2023, 67 years of age; (F) with respect to an individual who, during the period after December 31, 2022, and before January 1, 2070— (i) for purposes of paragraph (2)(A)(ii), attains 62 years of age, such individual's early retirement age plus 60 months; or (ii) attains early retirement age pursuant to paragraph (2)(B), 67 years plus the number of months determined under the age increase factor for the calendar year in which such individual attains early retirement age; and (G) with respect to an individual who— (i) for purposes of paragraph (2)(A)(iii), attains 62 years of age after December 31, 2069, 69 years of age; or (ii) attains early retirement age pursuant to paragraph (2)(B) after December 31, 2069, 69 years of age. ; (2) by amending paragraph (2) to read as follows: (2) The term early retirement age (A) in the case of an old-age, wife's, or husband's insurance benefit— (i) 62 years of age with respect to an individual who attains such age before January 1, 2023; (ii) with respect to an individual who attains 62 years of age after December 31, 2022, and before January 1, 2070, 62 years of age plus the number of months determined under the age increase factor for the calendar year in which such individual attains 62 years of age; and (iii) with respect to an individual who attains age 62 after December 31, 2069, 64 years of age; or (B) in the case of a widow's or widower's insurance benefit, 60 years of age. ; and (3) by adding at the end the following new paragraph: (4) The age increase factor shall be equal to 1/24 (A) for purposes of paragraph (1)(F)(ii), the individual attains 60 years of age; or (B) for purposes of paragraph (2)(A)(ii), the individual attains 62 years of age. . 3106. Application of actuarial reduction for disabled beneficiaries who attain early retirement age (a) In general Section 202(k)(4) of the Social Security Act ( 42 U.S.C. 402(k)(4) (4) (A) Subject to subparagraph (B), any individual who, under this section and section 223, is entitled for any month to both an old-age insurance benefit and a disability insurance benefit under this title shall be entitled to only the larger of such benefits for such month, except that, if such individual so elects, he shall instead be entitled to only the smaller of such benefits for such month. (B) An individual described in subparagraph (A) who has attained transitional retirement age (as determined under subparagraph (C)) shall only be entitled to the old-age insurance benefit for such month, as reduced for such month pursuant to subsection (q)(1). (C) For purposes of subparagraph (B), the term transitional retirement age (i) with respect to an individual who attains 62 years of age before January 1, 2014, 66 years of age; (ii) with respect to an individual who attains 62 years of age after December 31, 2013, and before January 1, 2025, 66 years of age reduced by the number of months determined under the transition factor (as determined under subparagraph (D)) for the calendar year in which such individual attains 62 years of age; and (iii) with respect to an individual who attains 62 years of age after December 31, 2024, 64 years of age. (D) For purposes of subparagraph (C)(ii), the transition factor shall be equal to two-twelfths of the number of months in the period beginning with January 2014 and ending with December of the year in which the individual attains 62 years of age. . (b) Conforming amendments (1) Period of disability Clause (i) of section 216(i)(2)(D) of the Social Security Act ( 42 U.S.C. 416(i)(2)(D) retirement age (as defined in subsection (l)) transitional retirement age (as defined in section 216(k)(4)) (2) Disability insurance benefit payments Section 223(a)(1) of the Social Security ( 42 U.S.C. 423(a)(1) (A) in subparagraph (B), by striking retirement age (as defined in section 216(l)) transitional retirement age (as defined in section 216(k)(4)) (B) in the flush matter at the end, by striking retirement age (as defined in section 216(l)) transitional retirement age (as defined in section 216(k)(4)) (c) Effective date The amendments made by this section shall apply to benefits payable for months beginning after December 31, 2013. 3107. Option to collect up to one-half of old-age insurance benefit at age 62 (a) In general Section 202 of the Social Security Act ( 42 U.S.C. 402 (z) Option to collect up to one-Half of old-Age insurance benefit beginning at age 62 (1) Not later than January 1, 2014, the Commissioner of Social Security shall establish an option, subject to such regulations as are prescribed by the Commissioner under paragraph (2), for a fully insured individual (as defined in section 214) to elect to receive a reduced monthly benefit after such individual attains 62 years of age, consisting of the following: (A) Subject to paragraph (3), for months beginning with the month in which the individual attains age 62, a monthly benefit equal to such percentage as is elected by the individual, but which shall not be greater than 50 percent, of the primary insurance amount determined for the individual at age 62. (B) For months beginning with the month in which the individual attains early retirement age, a monthly benefit equal to the sum of— (i) the monthly benefit payable to the individual under subparagraph (A); and (ii) the amount equal to the applicable percentage (as determined under subparagraph (C)) of primary insurance amount determined for the individual under section 215 for such month (determined without regard to any election under this subsection). (C) For purposes of subparagraph (B)(ii), the applicable percentage shall be equal to the difference between— (i) 100 percent; and (ii) the percentage elected by the individual under subparagraph (A). (2) An individual shall elect the option under this subsection in accordance with regulations prescribed by the Commissioner of Social Security. (3) The monthly benefit payable to an individual under paragraph (1)(A) shall be subject to reduction as provided in subsection (q). . (b) Conforming amendment Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended in the last sentence, by striking subsection (q) and subsection (w) subsections (q), (w), and (z) 3108. Coverage of newly hired State and local employees (a) Amendments to the Social Security Act (1) In general Paragraph (7) of section 210(a) of the Social Security Act (7) Excluded State or local government employment (as defined in subsection (s)); . (2) Excluded state or local government employment (A) In general Section 210 of such Act ( 42 U.S.C. 410 (s) Excluded state or local government employment (1) In general The term excluded State or local government employment (A) (i) such service would be excluded from the term employment (B) the requirements of paragraph (3) are met with respect to such service. (2) Exception for current employment which continues (A) In general The requirements of this paragraph are met with respect to service for any employer if— (i) such service is performed by an individual— (I) who was performing substantial and regular service for remuneration for that employer before January 1, 2021, (II) who is a bona fide employee of that employer on December 31, 2020, and (III) whose employment relationship with that employer was not entered into for purposes of meeting the requirements of this subparagraph, and (ii) the employment relationship with that employer has not been terminated after December 31, 2020. (B) Treatment of multiple agencies and instrumentalities For purposes of subparagraph (A), under regulations (consistent with regulations established under section 3121(t)(2)(B) of the Internal Revenue Code of 1986)— (i) all agencies and instrumentalities of a State (as defined in section 218(b)) or of the District of Columbia shall be treated as a single employer, and (ii) all agencies and instrumentalities of a political subdivision of a State (as so defined) shall be treated as a single employer and shall not be treated as described in clause (i). (3) Exception for certain services (A) In general The requirements of this paragraph are met with respect to service if such service is performed— (i) by an individual who is employed by a State or political subdivision thereof to relieve such individual from unemployment, (ii) in a hospital, home, or other institution by a patient or inmate thereof as an employee of a State or political subdivision thereof or of the District of Columbia, (iii) by an individual, as an employee of a State or political subdivision thereof or of the District of Columbia, serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or other similar emergency, (iv) by any individual as an employee included under section 5351(2) (v) by an election official or election worker if the remuneration paid in a calendar year for such service is less than $1,000 with respect to service performed during 2021, and the adjusted amount determined under subparagraph (C) for any subsequent year with respect to service performed during such subsequent year, except to the extent that service by such election official or election worker is included in employment under an agreement under section 218, or (vi) by an employee in a position compensated solely on a fee basis which is treated pursuant to section 211(c)(2)(E) as a trade or business for purposes of inclusion of such fees in net earnings from self-employment. (B) Definitions As used in this paragraph, the terms State political subdivision (C) Adjustments to dollar amount for election officials and election workers For each year after 2021, the Commissioner of Social Security shall adjust the amount referred to in subparagraph (A)(v) at the same time and in the same manner as is provided under section 215(a)(1)(B)(ii) with respect to the amounts referred to in section 215(a)(1)(B)(i), except that— (i) for purposes of this subparagraph, 2018 shall be substituted for the calendar year referred to in section 215(a)(1)(B)(ii)(II), and (ii) such amount as so adjusted, if not a multiple of $100, shall be rounded to the next higher multiple of $100 where such amount is a multiple of $50 and to the nearest multiple of $100 in any other case. The Commissioner of Social Security shall determine and publish in the Federal Register each adjusted amount determined under this subparagraph not later than November 1 preceding the year for which the adjustment is made. . (B) Conforming amendments (i) Subsection (k) of section 210 of such Act ( 42 U.S.C. 410(k) (ii) Section 210(p) of such Act ( 42 U.S.C. 410(p) (I) in paragraph (2), by striking service is performed service is service described in subsection (s)(3)(A). (II) in paragraph (3)(A), by inserting under subsection (a)(7) as in effect in December 2020 section (iii) Section 218(c)(6) of such Act ( 42 U.S.C. 418(c)(6) (I) by striking subparagraph (C); (II) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (III) by striking subparagraph (F) and inserting the following: (E) service which is included as employment under section 210(a). . (b) Amendments to the internal revenue code of 1986 (1) In general Paragraph (7) of section 3121(b) of the Internal Revenue Code of 1986 (relating to employment) is amended to read as follows: (7) excluded State or local government employment (as defined in subsection (t)); . (2) Excluded state or local government employment Section 3121 of such Code is amended by inserting after subsection (s) the following new subsection: (t) Excluded state or local government employment (1) In general For purposes of this chapter, the term excluded State or local government employment (A) (i) such service would be excluded from the term employment (B) the requirements of paragraph (3) are met with respect to such service. (2) Exception for current employment which continues (A) In general The requirements of this paragraph are met with respect to service for any employer if— (i) such service is performed by an individual— (I) who was performing substantial and regular service for remuneration for that employer before January 1, 2021, (II) who is a bona fide employee of that employer on December 31, 2020, and (III) whose employment relationship with that employer was not entered into for purposes of meeting the requirements of this subparagraph, and (ii) the employment relationship with that employer has not been terminated after December 31, 2020. (B) Treatment of multiple agencies and instrumentalities For purposes of subparagraph (A), under regulations— (i) all agencies and instrumentalities of a State (as defined in section 218(b) of the Social Security Act (ii) all agencies and instrumentalities of a political subdivision of a State (as so defined) shall be treated as a single employer and shall not be treated as described in clause (i). (3) Exception for certain services (A) In general The requirements of this paragraph are met with respect to service if such service is performed— (i) by an individual who is employed by a State or political subdivision thereof to relieve such individual from unemployment, (ii) in a hospital, home, or other institution by a patient or inmate thereof as an employee of a State or political subdivision thereof or of the District of Columbia, (iii) by an individual, as an employee of a State or political subdivision thereof or of the District of Columbia, serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or other similar emergency, (iv) by any individual as an employee included under section 5351(2) (v) by an election official or election worker if the remuneration paid in a calendar year for such service is less than $1,000 with respect to service performed during 2021, and the adjusted amount determined under section 210(s)(3)(C) of the Social Security Act Social Security Act (vi) by an employee in a position compensated solely on a fee basis which is treated pursuant to section 1402(c)(2)(E) as a trade or business for purposes of inclusion of such fees in net earnings from self-employment. (B) Definitions As used in this paragraph, the terms State political subdivision Social Security Act . (3) Conforming amendments (A) Subsection (j) of such section 3121 (relating to covered transportation service) is repealed. (B) Paragraph (2) of section 3121(u) of such Code (relating to application of hospital insurance tax to Federal, State, and local employment) is amended— (i) in subparagraph (B), by striking service is performed service is service described in subsection (t)(3)(A). (ii) in subparagraph (C)(i), by inserting under subsection (b)(7) as in effect in December 2020 chapter (c) Effective date Except as otherwise provided in this section, the amendments made by this section shall apply with respect to service performed after December 31, 2020. 3109. Inclusion in annual Social Security account statement of estimated present value of taxes and benefits for Social Security and Medicare and projected deficit as a percent of lifetime earnings (a) In general Section 1143(a)(2) of the Social Security Act ( 42 U.S.C. 1320b–13(a)(2) (1) in subparagraph (E), by striking benefits. benefits; (2) by adding after subparagraph (E) the following new subparagraphs: (F) an estimate, as determined by the Commissioner, in consultation with the Secretary of Health and Human Services, on the basis of available records of the Commissioner and projections based on reasonable assumptions, of— (i) the present value of potential lifetime aggregate employer, employee, and self-employment contributions of the eligible individual for old-age, survivors, and disability insurance (under title II) and for hospital insurance (under part A of title XVIII); (ii) the present value of potential lifetime premiums payable (under parts B and D of title XVIII); and (iii) the present value of potential lifetime aggregate retirement, disability, survivor, and auxiliary benefits payable on the eligible individual’s account under title II and per capita benefits payable under the Medicare program of title XVIII; and (G) an estimate, as determined by the Commissioner, in consultation with the Secretary of Health and Human Services, on the basis of available records of the Commissioner and projections based on reasonable assumptions, of the ratio (expressed as a percentage) of— (i) the sum of the projected deficit-financed benefits under the old-age, survivors, and disability insurance program with respect to the eligible individual and the projected deficit-financed benefits under part A of the Medicare program under title XVIII with respect to the eligible individual, to (ii) projected lifetime earnings of the eligible individual. . (b) Definitions Section 1143(a) of such Act ( 42 U.S.C. 1320b–13(a) (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph: (3) For purposes of paragraph (2)(G)— (A) The term projected deficit-financed benefits (i) with respect to an eligible individual in connection with the old-age, survivors, and disability insurance program, the product of— (I) the benefits described in subparagraph (F)(ii) of such individual under such program, and (II) the ratio of future annual deficits, excluding interest, of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund over the eligible individual’s lifetime to future annual outlays from such Trust Funds over such lifetime; and (ii) with respect to an eligible individual in connection with the Medicare program under title XVIII, the product of— (I) the benefits for hospital insurance (under part A of title XVIII) described in subparagraph (F)(ii) of such individual under such program, and (II) the ratio of future annual deficits of the Federal Hospital Insurance Trust Fund over the eligible individual’s lifetime to future annual outlays from such Trust Fund over such lifetime. (B) The term projected lifetime earnings . (c) Effective date The amendments made by this section shall apply with respect to annual statements issued after 2013. 3110. Retirement information campaign The Commissioner of Social Security shall establish a public information campaign to provide information and education regarding the implications on personal financial security of early and other retirement decisions and the need for greater retirement savings. The information campaign should be designed to encourage individuals to delay retirement so as to build enhanced levels of social security benefits and personal retirement savings. To the extent the Commissioner of Social Security determines appropriate, the information provided through the campaign should utilize behavioral economics approaches, such as structured choice, and other scientific approaches. IV Conversion to chained CPI 4101. Conversion to Chained CPI (a) Consumer price index adjustments applicable to the Internal Revenue Code provisions (1) In general Paragraph (3) of section 1(f) of the Internal Revenue Code of 1986 is amended to read as follows: (3) Cost-of-living adjustment (A) In general For purposes of paragraph (2), the cost-of-living adjustment for any calendar year is— (i) for adjustments first beginning before 2014, the product of— (I) the CPI fraction for calendar years before 2014, multiplied by (II) the Chained CPI fraction for calendar years after 2013, reduced by 1, and (ii) for adjustments first beginning after 2013, the Chained CPI fraction for years after 2013. (B) CPI fraction for calendar years before 2014 The CPI fraction for calendar years before 2014 is the fraction— (i) the numerator of which is the CPI for the calendar year 2012; and (ii) the denominator of which is the CPI for the calendar year 1992. (C) Chained cpi fraction for calendar years after 2013 The Chained CPI fraction for calendar years after 2013 is the fraction— (i) the numerator of which is the Chained CPI for the preceding calendar year, and (ii) the denominator of which is the Chained CPI for the calendar year 2012. . (2) Conforming amendments (A) Paragraph (4) of section 1(f) of such Code is amended to read as follows: (4) Cpi and chained cpi for any calendar year For purposes of paragraph (3)— (A) Cpi The CPI for any calendar year is the average of the Consumer Price Index as of the close of the 12-month period ending on August 31 of such calendar year. (B) Chained cpi The Chained CPI for any calendar year is the average of the Chained Consumer Price Index as of the close of the 12-month period ending on August 31 of such calendar year. . (B) Paragraph (5) of section 1(f) of such Code is amended to read as follows: (5) Consumer price index and chained consumer price index For purposes of paragraph (4)— (A) Consumer price index The term Consumer Price Index (B) Chained consumer price index The term Chained Consumer Price Index . (C) Subclause (II) of section 36B(b)(3)(A)(ii) of such Code is amended by striking consumer price index Chained Consumer Price Index (as defined in section 1(f)(5)(B)) (D) Subclause (II) of section 36B(f)(2)(B)(ii) of such Code is amended by striking by substituting calendar year 2013 calendar year 1992 by substituting calendar year 2013 calendar year 2012 (E) Clause (ii) of section 45R(d)(3)(B) of such Code is amended by striking determined by substituting calendar year 2012 calendar year 1992 (F) Subparagraph (B) of section 125(i)(2) of such Code is amended by striking determined by substituting calendar year 2012 calendar year 1992 (G) Subclause (II) of section 4980I(b)(3)(C)(v) of such Code is amended by striking for 1992 for 2012 (H) Clause (ii) of section 5000A(c)(3)(D) of such Code is amended by striking by substituting calendar year 2015 calendar year 1992 by substituting calendar year 2015 calendar year 2012 (3) Effective date The amendments made by this subsection shall apply to taxable years beginning after December 31, 2013. (b) Modifications to cost-of-Living indexation of Social Security benefits (1) In general Section 215(i)(1)(D) of the Social Security Act (42 U.S.C. 415(i)(1)(D)) is amended to read as follows: (D) the term CPI increase percentage (i) the most recent calendar quarter (prior to such base quarter or cost-of-living computation quarter) which was a base quarter under subparagraph (A)(ii); or (ii) the most recent cost-of-living computation quarter under subparagraph (B); . (2) Definitions Section 215(i)(1)(G) of such Act ( 42 U.S.C. 415(i)(1)(G) (G) the Chained Consumer Price Index for All Urban Consumers for a base quarter, a cost-of-living computation quarter, or any other calendar quarter shall be the arithmetical mean of such index (as published in its initial form by the Bureau of Labor Statistics of the Department of Labor as of the end of such quarter) for the 12-month period ending with such quarter. . (3) Conforming changes for pre-1977 law (A) Section 215(i)(1) of such Act, as in effect in December 1978, and as applied in certain cases under the provisions of such Act as in effect after December 1978, is amended— (i) in subparagraph (B), by striking and (ii) in subparagraph (C), by striking for the 3 months in such quarter. for the 12 months in the 12-month period ending with such quarter; and (iii) by adding at the end the following new subparagraph: (D) the term Consumer Price Index . (B) Section 215(i)(4) of the Social Security Act ( 42 U.S.C. 415(i)(4) and by section 4101(b) of the Fiscal Sustainability Act of 2013 1986, (4) Effective date The amendments made by this subsection shall apply with respect to increases described in section 215(i) of the Social Security Act, and to increases under programs dependent on Social Security cost-of-living adjustments, effective with the month of December for years after 2012. (c) Adjustments of provisions utilizing the consumer price index (1) In general Notwithstanding any other provision of law, and except as provided in this section, for purposes of determining the amount of any cost-of-living increase or similar adjustment under a Federal program or law effective in the month of December 2013 and thereafter, any such increase for the period for which the percentage change is determined shall be deemed to be, in lieu of the increase otherwise determined under applicable law, the increase determined under such applicable law by substituting the Chained CPI for the CPI. (2) Increases determined from a constant base year (A) In general In any case in which the amount of a cost-of-living increase effective in the month of December 2012 and thereafter is determined under applicable law by reference to a change in the CPI over a period which is determined by reference to a base period which remains constant from year to year, any such increase for any period shall be deemed to be, in lieu of the increase otherwise determined under applicable law, the increase, expressed as a percentage increase, equal to the product of— (i) the CPI fraction prior to 2014; multiplied by (ii) the Chained CPI fraction after 2013, reduced by 1. (B) CPI fraction prior to 2014 The CPI fraction prior to 2014 is the fraction— (i) the numerator of which is the CPI for the period, ending with or during 2012, which corresponds to the base period; and (ii) the denominator of which is the CPI for the base period. (C) Chained CPI fraction after 2013 The Chained CPI fraction after 2013 is the fraction— (i) the numerator of which is the Chained CPI for the period, ending with or during the year preceding the year in which the determination takes effect, which corresponds to the base period; and (ii) the denominator of which is the most recently published estimate of the Chained CPI for the period, ending with or during 2012, which corresponds to the base period. (3) Special provisions and exceptions (A) Programs tied to Social Security Subject to subparagraph (B) and the effective date under subsection (b)(4), this section and the amendments made by this section shall apply to any cost-of-living increase or other adjustment which is determined by reference to an adjustment made under section 215(i) of the Social Security Act ( 42 U.S.C. 415(i) (B) Poverty line This subsection shall apply to revisions to the poverty line made pursuant to 42 U.S.C. 9902(2) (4) Cpi and chained cpi For purposes of this subsection— (A) the CPI for any period means the average monthly Consumer Price Index for such period, or a component thereof, as determined under the applicable law in connection with any cost-of-living increase or similar adjustment required for such period (without regard to this subsection); and (B) the Chained CPI for any period means, except as provided in paragraph (2)(C)(ii), the Chained Consumer Price Index for all urban consumers (as published in its initial form by the Bureau of Labor Statistics of the Department of Labor) for such period, or a component thereof, determined under applicable law in the same manner as the CPI for such period would be determined. (d) Change to 12-Month period for cost-of-Living indexation for Federal civil service and military retirement programs (1) In general (A) Federal civil service Sections 8340(a)(2) 8462(a)(2) 3 months comprising such quarter 12-month period ending with such quarter (B) Military Section 1401a(h) of title 10, United States Code, is amended by striking three months comprising that quarter 12-month period ending with such quarter (2) Effective date The amendments made by this subsection shall apply with respect to cost-of-living increases effective with the month of December of years after 2012.

Fiscal Sustainability Act of 2013

Social Security Lock-Box Act of 2013 - Amends the Congressional Budget Act of 1974 to provide a point of order against consideration of any: (1) budget resolution that sets forth totals for any fiscal year with respect to the Social Security Trust Funds that are less than the totals of the Social Security Trust Funds for that fiscal year as calculated in accordance with a current services baseline, or (2) spending or tax legislation that would cause any totals to be less than the Funds totals for the covered fiscal year. Makes the point of order described in (2) above inapplicable to Social Security reform legislation. Requires any federal budget submitted by the President that recommends totals for any fiscal year with respect to the Funds that are less than the totals of the Funds for that fiscal year to include a detailed proposal for Social Security reform legislation. Makes this Act inapplicable upon the enactment of such legislation. Defines "Social Security reform legislation" as a bill or joint resolution to save Social Security that specifies that it constitutes reform legislation.

To establish a procedure to safeguard the Social Security Trust Funds. 1. Short title This Act may be cited as the Social Security Lock-Box Act of 2013 2. Findings and purpose (a) Findings Congress finds that— (1) fiscal pressures will mount as an aging population increases the Government’s obligations to provide retirement income and health services; (2) Social Security surpluses should be reserved for strengthening and preserving the Social Security Trust Funds; and (3) preserving Social Security surpluses would restore confidence in the long-term financial integrity of Social Security. (b) Purpose It is the purpose of this Act to prevent the Social Security Trust Funds from being used for any purpose other than providing retirement security. 3. Protection of Social Security Trust Funds (a) Protection of Social Security Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: 316. Lock-Box for Social Security (a) Lock-Box for Social Security (1) Concurrent resolutions on the budget (A) In general It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget, or an amendment thereto or conference report thereon, that would set forth totals for any fiscal year with respect to the Social Security Trust Funds that are less than the totals of the Social Security Trust Funds for that fiscal year as calculated in accordance with a current services baseline. (B) Exception (i) Subparagraph (A) shall not apply to the extent that a violation of such subparagraph would result from an assumption in the resolution, amendment, or conference report, as applicable, of an increase in outlays or a decrease in revenues and disbursements relative to the baseline underlying that resolution for social security reform legislation for any such fiscal year. (ii) If a concurrent resolution on the budget, or an amendment thereto or conference report thereon, would be in violation of subparagraph (A) because of an assumption of an increase in outlays or a decrease in revenue relative to the baseline underlying that resolution for social security reform legislation for any such fiscal year, then that resolution shall include a statement identifying any such increase in outlays or decrease in revenues and disbursements. (2) Spending and tax legislation (A) In general It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report if— (i) the enactment of that bill or resolution, as reported; (ii) the adoption and enactment of that amendment; or (iii) the enactment of that bill or resolution in the form recommended in that conference report, would cause the totals for any fiscal year covered by the most recently agreed to concurrent resolution on the budget with respect to the Social Security Trust Funds to be less than the totals of the Social Security Trust Funds for that fiscal year as calculated in accordance with the current services baseline. (B) Exception Subparagraph (A) shall not apply to social security reform legislation. (b) Enforcement For purposes of enforcing any point of order under subsection (a), the totals of the Social Security Trust Funds for a fiscal year shall be the levels set forth in the later of the report accompanying the concurrent resolution on the budget (or, in the absence of such a report, placed in the Congressional Record prior to the consideration of such resolution) or in the joint explanatory statement of managers accompanying such resolution. (c) Additional Content of Reports Accompanying Budget Resolutions and of Joint Explanatory Statements The report accompanying any concurrent resolution on the budget and the joint explanatory statement accompanying the conference report on each such resolution shall include the levels of the totals in the budget for each fiscal year set forth in such resolution and of the revenues and disbursements in the Social Security Trust Funds. (d) Definitions As used in this section, the term social security reform legislation For purposes of section 316(a) of the Congressional Budget Act of 1974, this Act constitutes social security reform legislation. (e) Waiver and Appeal Subsection (a) may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section. (f) Effective Date This section shall cease to have any force or effect upon the enactment of social security reform legislation. . (b) Conforming Amendment The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding after the item for section 315 the following: Sec. 316. Lock-box for social security. . 4. President’s budget (a) Protection of Social Security If the budget of the United States Government submitted by the President under section 1105(a) (b) Effective Date Subsection (a) shall cease to have any force or effect upon the enactment of social security reform legislation as defined by section 316(d) of the Congressional Budget Act of 1974.

Social Security Lock-Box Act of 2013

North American Alternative Fuels Act - Amends the Energy Independence and Security Act of 2007 to repeal the requirement that any federal agency procurement contract for an alternative or synthetic fuel, including those from nonconventional petroleum sources, for any mobility-related use (except research or testing) specify that lifecycle greenhouse gas emissions associated with the fuel must, on an ongoing basis, be less than or equal to such emissions from equivalent conventional fuel produced from conventional petroleum sources.

To amend the Energy Independence and Security Act of 2007 to repeal a provision prohibiting Federal agencies from procuring alternative fuels. 1. Short title This Act may be cited as the North American Alternative Fuels Act 2. Repeal of prohibition of the procurement and acquisition of alternative fuels (a) In general Section 526 of the Energy Independence and Security Act of 2007 ( Public Law 110–140 (b) Conforming amendment Section 30310

North American Alternative Fuels Act

Every Child Ready for College or Career Act of 2013 - Revises and reauthorizes programs under the Elementary and Secondary Education Act of 1965 (ESEA). Title I: Improving Basic Programs Operated by State and Local Educational Agencies - Amends the school improvement program under part A of title I of the ESEA to eliminate the requirement that local educational agencies (LEAs) and schools make adequate yearly progress toward state academic content and achievement standards. Requires states to adopt challenging academic content and achievement standards for mathematics, reading or language arts, and science that ensure that all of their public school students graduate from high school fully prepared for postsecondary education or the workforce. Requires states to implement a set of high-quality assessments of student progress toward those standards in mathematics and reading or language arts that: (1) involve multiple measures of student achievement; (2) measure the overall performance of students in each public school and the performance of their poor, minority, disabled, and English learner subgroups; and (3) are used as the primary means of determining the yearly performance of each of their schools. Allows states to adopt alternate academic achievement standards and assessments for students with the most significant cognitive disabilities. Requires states to annually: (1) identify their public schools that need improvement based on the overall performance of their students, achievement gaps between student subgroups, or graduation rates; and (2) assist their LEAs in developing and implementing appropriate improvement strategies for such schools. Includes among the assistance strategies that LEAs must develop for schools their state has identified as needing improvement: replacing the school's principal; replacing ineffective teachers; giving the school the operational flexibility needed to fully implement a comprehensive strategy to improve student achievement; providing ongoing, high-quality professional development to instructional staff; implementing strategies to recruit, place, and retain effective staff; using data to identify and implement an instructional program that is aligned with state academic standards or to inform and differentiate instruction that meets the needs of individual students; converting a school or closing and reopening the school; closing a school and enrolling it students in higher performing schools; and adopting a new governance structure for the school. Allows LEAs to give students in those schools the option to transfer to another public school in their jurisdiction, provided the option is not prohibited by state law. Eliminates the requirement that all teachers be highly qualified, requiring instead that they meet applicable state certification and licensure requirements. Authorizes states to allocate their part A grants among LEAs on the basis of the number of impoverished children enrolled in each LEA's public schools. Replaces the program under part B (Student Reading Skills Improvement Grants) with a program awarding grants to states to assist them in developing academic assessments and academic content and achievement standards. Repeals: (1) the demonstrations of innovative practices, assessment evaluation, and Close Up Fellowship programs under part E; (2) part F (Comprehensive School Reform); (3) part G (Advanced Placement Programs); and (4) part H (School Dropout Prevention) of title I of the ESEA. Eliminates fiscal maintenance of effort requirements imposed on LEAs receiving funds under part A. Title II: High-Quality Teachers and Principals - Creates a new title II (Preparing, Training, and Recruiting High Quality Teachers and Principals) of the ESEA consisting of a part A (Fund for the Improvement of Teaching and Learning) and part B (Teacher Incentive Fund). Moves teacher liability and internet safety provisions to title IX of the ESEA. Allocates part A grants to states and, through them, subgrants to LEAs pursuant to a formula that apportions: (1) 20% of the funding to states and LEAs on the basis of their share of students aged 5-17 on the national and state level, respectively; and (2) 80% of such funding on the basis of their share of impoverished students in that age group. Requires states to use 95% of those funds for subgrants to LEAs, with the remainder being used for specified state activities. Lists the projects which the subgrants may fund, including: (1) teacher and principal recruitment, training, and retention efforts; (2) teacher and principal evaluation systems that are based in significant part on student achievement; (3) model instructional programs in the core academic subjects; (4) measures that improve students' access to school library materials, postsecondary level coursework, and extended learning opportunities; and (5) the provision of general liability insurance coverage to teachers. Requires those projects to meet certain principles of effectiveness and undergo a periodic evaluation to assess their progress in providing students with a high-quality education in the core academic subjects that improves student academic achievement. Directs the Secretary of Education to: (1) provide technical assistance to part A grantees and subgrantees; (2) evaluate part A activities; and (3) award competitive matching grants to institutions of higher education or national educational organizations to provide LEAs with teachers and school leaders from nontraditional routes, professional development activities, and other services and learning opportunities. Directs the Secretary to reserve at least 10% of the funding under title II for the part B program, after reserving funds for certain national activities under part A. Authorizes the Secretary to award competitive matching grants under part B to states, LEAs, or partnerships between those entities and profit or nonprofit organizations to develop, implement, improve, or expand performance-based compensation systems for teachers and principals. Requires priority to be given to grant applicants that focus on teachers and principals serving in high-need schools. Directs the Secretary to arrange for an independent evaluation of the effectiveness of part B programs. Title III: Safe and Healthy Students - Replaces title IV (21st Century Schools) of the ESEA with a new title IV (Safe and Healthy Students) program. Moves the gun-free schools requirement and part C (Environmental Tobacco Smoke) of title IV to title IX (General Provisions) of the ESEA. Allots grants to states and, through them, subgrants to LEAs in amounts that reflect their share of impoverished children aged 5-17 on the national and state level, respectively. Requires states to use 98% of those funds for subgrants to LEAs. Requires the subgrants to be used to develop, implement, and evaluate comprehensive programs and activities that: (1) improve students' physical and mental health, diet, and physical fitness; (2) prevent and reduce substance abuse, school violence, and bullying; and (3) strengthen parent and community involvement in these efforts. Requires those programs and activities to meet certain principles of effectiveness and undergo a periodic evaluation to assess their progress in improving students' safety, health, and fitness. Title IV: Empowering Parents through Quality Charter Schools - Repeals part A (Innovative Programs), subpart 3 (Voluntary Public School Choice Programs) of part B (Public Charter Schools), and part D (Fund for the Improvement of Education) of title V (Promoting Informed Parental Choice and Innovative Programs) of the ESEA. Revises the program currently under subpart 1 (Charter School Programs) of part B and subsumes the program currently under subpart 2 (Credit Enhancement Initiatives to Assist Charter School Facility Acquisition, Construction, and Renovation) under that revised program. Replaces the current charter school grant program with a program awarding renewable competitive grants to states, authorized public chartering agencies, and LEAs and, through them, renewable subgrants to charter school developers to open new charter schools and expand and replicate high-quality charter schools. Requires such grantees to use 10% of the grant funds to provide technical assistance to subgrantees and authorized public chartering agencies and to work with those agencies to improve the charter school authorization process. Makes authorized public chartering agencies, LEAs, and charter management organizations eligible to receive renewable competitive grants to open new charter schools and expand and replicate high-quality charter schools. Revises the per-pupil facilities aid program (under which the Secretary makes competitive matching grants to states to provide per-pupil financing to charter schools) to allow states to: (1) partner with organizations to provide up to 50% of the state share of funding for the program; and (2) receive more than one program grant, so long as the amount of the grant funds provided to charter schools increases with each successive grant. Directs the Secretary to conduct certain national activities that include awarding competitive grants directly to charter school developers to open, replicate, and expand charter schools in states that have not received, or are nearing the end of, a grant for that purpose. Allows charter schools to serve prekindergarten or postsecondary school students. Title V: State Innovation and Flexibility - Amends title VI (Flexibility and Accountability) of the ESEA to allow LEAs to transfer up to 100% of their allocations under titles II and IV between the two programs or into the school improvement program under part A of title I. Allows states to do the same with the amounts allotted to them under such programs for state level activities. Amends title IX (General Provisions) of the ESEA to revise the process by which states, LEAs, and Indian tribes obtain waivers of the Act's statutory and regulatory requirements. Prohibits the Secretary from imposing requirements on states, LEAs, or Indian tribes in exchange for the approval of a waiver request. Repeals the requirement that LEAs maintain their education funding at certain levels in order to receive funds under covered ESEA programs. Establishes an approval and disapproval process for state plans and LEA applications under titles II and IV of the ESEA. Title VI: Extensions of Authorizations - Reauthorizes appropriations under the ESEA and the McKinney-Vento Homeless Assistance Act through FY2018.

To amend the Elementary and Secondary Education Act of 1965 to ensure that every child is ready for college or a career. 1. Short title This Act may be cited as the Every Child Ready for College or Career Act of 2013 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. 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. 101. Statement of purpose. Sec. 102. Authorization of appropriations. Sec. 103. School improvement and State administration. Sec. 104. Basic program requirements. Sec. 105. Participation of children enrolled in private schools. Sec. 106. Title I funds follow the low-income child State option. Sec. 107. Academic assessments. Sec. 108. Evaluations. Sec. 109. Demonstrations of innovative practices. Sec. 110. General provisions. Sec. 111. National assessment of educational progress. TITLE II—High-quality teachers and principals Sec. 201. High-quality teachers and principals. TITLE III—Safe and healthy students Sec. 301. General provisions. TITLE IV—Empowering parents through quality charter schools Sec. 401. Purpose. Sec. 402. Program authorized. Sec. 403. Grants to support high-quality charter schools. Sec. 404. Facilities financing assistance. Sec. 405. National activities. Sec. 406. Records transfer. Sec. 407. Definitions. Sec. 408. Authorization of appropriations. Sec. 409. General provisions. TITLE V—State innovation and flexibility Sec. 501. Purposes. Sec. 502. Transferability of funds. Sec. 503. Waivers of statutory and regulatory requirements. Sec. 504. Maintenance of effort. Sec. 505. Plan approval process. TITLE VI—Extensions of authorizations Sec. 601. English learners and immigrant students. Sec. 602. Magnet school assistance. Sec. 603. Rural education achievement program. Sec. 604. Indian, Native Hawaiian, and Alaska Native Education. Sec. 605. Impact aid. Sec. 606. McKinney-Vento Homeless Assistance. 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 restore freedom to parents, teachers, principals, Governors, and local communities so that they can improve their local public schools. 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. 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 and assistance. Sec. 1115. Reserved. Sec. 1116. Reserved. Sec. 1117. Reserved. Sec. 1118. Parental involvement. Sec. 1119. Qualifications for teachers and paraprofessionals. Sec. 1120. Participation of children enrolled in private schools. Sec. 1120A. Fiscal requirements. Sec. 1120B. Coordination requirements. Subpart 2—Allocations Sec. 1121. Grants for the outlying areas and the Secretary of the Interior. Sec. 1122. Allocations to States. Sec. 1124. Basic grants to local educational agencies. Sec. 1124A. Concentration grants to local educational agencies. Sec. 1125. Targeted grants to local educational agencies. Sec. 1125AA. Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 2001. Sec. 1125A. Education finance incentive grant program. Sec. 1126. Special allocation procedures. Sec. 1127. Carryover and waiver. Sec. 1128. Title I funds follow the low-income child State option. Part B—Academic assessments Sec. 1201. Grants for State assessments and related activities. Sec. 1202. Grants for enhanced assessment instruments. Sec. 1203. Funding. 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—National Assessment of Title I Sec. 1501. Evaluations. Part F—General Provisions Sec. 1601. Federal regulations. Sec. 1602. Agreements and records. Sec. 1603. State administration. Sec. 1604. Local educational agency spending audits. Sec. 1605. Prohibition against Federal mandates, direction, or control. Sec. 1606. Rule of construction on equalized spending. Sec. 1607. State report on dropout data. TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS AND PRINCIPALS Sec. 2101. Purpose. Sec. 2102. Definitions. Sec. 2103. Authorizations of appropriations. Part A—Fund for the improvement of teaching and learning Sec. 2104. Formula grants to States. Sec. 2105. Subgrants to local educational agencies. Sec. 2106. Local use of funds. Sec. 2107. Reporting. Sec. 2108. National activities of demonstrated effectiveness. Sec. 2109. Prohibition against Federal mandates, direction, or control. Sec. 2110. Supplement, not supplant. Part B—Teacher incentive fund Sec. 2201. Purposes; definitions. Sec. 2202. Teacher incentive fund grants. Sec. 2203. Reports and evaluations. Sec. 2204. Reservation of funds. TITLE III—LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND IMMIGRANT STUDENTS Sec. 3001. Authorizations of appropriations; condition on effectiveness of parts. 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. Evaluations. Sec. 3122. Achievement objectives and accountability. Sec. 3123. Reporting requirements. Sec. 3124. Coordination with related programs. Sec. 3125. Rules of construction. Sec. 3126. Legal authority under State law. Sec. 3127. Civil rights. Sec. 3128. Programs for Native Americans and Puerto Rico. Sec. 3129. Prohibition. Subpart 3—National Activities Sec. 3131. National professional development project. Subpart 4—Definitions Sec. 3141. Eligible entity. Part B—Improving Language Instruction Educational Programs Sec. 3201. Short title. Sec. 3202. Purpose. Sec. 3203. Native American children in school. Sec. 3204. Residents of the territories and freely associated States. Subpart 1—Program Development and Enhancement Sec. 3211. Financial assistance for language instruction educational programs. Sec. 3212. Program enhancement activities. Sec. 3213. Comprehensive school and systemwide improvement activities. Sec. 3214. Applications. Sec. 3215. Capacity building. Sec. 3216. Programs for Native Americans and Puerto Rico. Sec. 3217. Evaluations. Sec. 3218. Construction. Subpart 2—Research, Evaluation, and Dissemination Sec. 3221. Authority. Sec. 3222. Research. Sec. 3223. Academic excellence awards. Sec. 3224. State grant program. Sec. 3225. Instruction materials development. Subpart 3—Professional Development Sec. 3231. Professional development grants. Subpart 4—Emergency Immigrant Education Program Sec. 3241. Purpose. Sec. 3242. State administrative costs. Sec. 3243. Withholding. Sec. 3244. State allotments. Sec. 3245. State applications. Sec. 3246. Administrative provisions. Sec. 3247. Uses of funds. Sec. 3248. Reports. Subpart 5—Administration Sec. 3251. Release time. Sec. 3252. Notification. Sec. 3253. Coordination and reporting requirements. Part C—General Provisions Sec. 3301. Definitions. Sec. 3302. Parental notification. Sec. 3303. National Clearinghouse. Sec. 3304. Regulations. TITLE IV—SAFE AND HEALTHY STUDENTS 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. Prohibited use of funds. Sec. 4108. Authorization of appropriations. TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS Part A—Public Charter Schools Sec. 5201. Purpose. Sec. 5202. Program authorized. Sec. 5203. Grants to support high-quality charter schools. Sec. 5204. Facilities financing assistance. Sec. 5205. National activities. Sec. 5206. Federal formula allocation during first year and for successive enrollment expansions. Sec. 5207. Solicitation of input from charter school operators. Sec. 5208. Records transfer. Sec. 5209. Paperwork reduction. Sec. 5210. Definitions. Sec. 5211. Authorization of appropriations. Part B—Magnet Schools Assistance Sec. 5301. Findings and purpose. Sec. 5302. Definition. Sec. 5303. Program authorized. Sec. 5304. Eligibility. Sec. 5305. Applications and requirements. Sec. 5306. Priority. Sec. 5307. Use of funds. Sec. 5308. Prohibition. Sec. 5309. Limitations. Sec. 5310. Evaluations. Sec. 5311. Authorization of appropriations; reservation. TITLE VI—FLEXIBILITY AND ACCOUNTABILITY Part A—Improving Academic Achievement Subpart 1—Accountability Sec. 6111. Grants for State assessments and related activities. Sec. 6112. Grants for enhanced assessment instruments. Sec. 6113. Funding. Subpart 2—Funding Transferability for State and Local Educational Agencies Sec. 6121. Short title. Sec. 6122. Purpose. Sec. 6123. Transferability of funds. Subpart 3—State and Local Flexibility Demonstration Sec. 6131. Short title. Sec. 6132. Purpose. Sec. 6133. General provision. CHAPTER A—STATE FLEXIBILITY AUTHORITY Sec. 6141. State flexibility. Sec. 6142. Consolidation and use of funds. Sec. 6143. Performance review and penalties. Sec. 6144. Renewal of grant of flexibility authority. CHAPTER B—LOCAL FLEXIBILITY DEMONSTRATION Sec. 6151. Local flexibility demonstration agreements. Sec. 6152. Consolidation and use of funds. Sec. 6153. Limitations on administrative expenditures. Sec. 6154. Performance review and penalties. Sec. 6155. Renewal of local flexibility demonstration agreement. Sec. 6156. Reports. Subpart 4—State Accountability for Adequate Yearly Progress Sec. 6161. Accountability for adequate yearly progress. Sec. 6162. Peer review. Sec. 6163. Technical assistance. Sec. 6164. Report to Congress. 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. Accountability. Subpart 2—Rural and Low-Income School Program Sec. 6221. Program authorized. Sec. 6222. Uses of funds. Sec. 6223. Applications. Sec. 6224. Accountability. Subpart 3—General Provisions Sec. 6231. 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. Sec. 7122. Professional development for teachers and education professionals. Subpart 3—National Activities Sec. 7131. National research activities. Sec. 7132. In-service training for teachers of Indian children. Sec. 7133. Fellowships for Indian students. Sec. 7134. Gifted and talented Indian students. Sec. 7135. Grants to tribes for education administrative planning and development. Sec. 7136. Improvement of educational opportunities for adult Indians. 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 and island councils. 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. Administrative provisions. Sec. 7306. Definitions. TITLE VIII—IMPACT AID Sec. 8001. Purpose. Sec. 8002. Payments relating to Federal acquisition of real property. Sec. 8003. Payments for eligible federally connected children. Sec. 8004. Policies and procedures relating to children residing on Indian lands. Sec. 8005. Application for payments under sections 8002 and 8003. Sec. 8007. Construction. Sec. 8008. Facilities. Sec. 8009. State consideration of payments in providing State aid. Sec. 8010. Federal administration. Sec. 8011. Administrative hearings and judicial review. Sec. 8012. Forgiveness of overpayments. Sec. 8013. Definitions. 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 Affairs operated schools. Part B—Flexibility in the use of Administrative and Other Funds Sec. 9201. Consolidation of State administrative funds for elementary and secondary education programs. Sec. 9202. Single local educational agency States. Sec. 9203. Consolidation of funds for local administration. Sec. 9204. Consolidated set-aside for Department of the Interior funds. Part C—Coordination of Programs; Consolidated State and Local Plans and Applications Sec. 9301. 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—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. 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. 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 F—Evaluations Sec. 9601. Evaluations. Part G—Approval and disapproval of State plans and local applications Sec. 9701. Approval and disapproval of State plans. Sec. 9702. Approval and disapproval of local educational agency applications. . I Improving basic programs operated by State and local educational agencies 101. 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, equal, and significant opportunity to receive a high-quality education that prepares them for postsecondary education or the workforce, without the need for remediation, and to close the achievement gap between high- and low-performing children, especially the achievement gaps between minority and nonminority students, and between disadvantaged children and their more advantaged peers. . 102. Authorization of appropriations Section 1002 ( 20 U.S.C. 6302 1002. Authorization of appropriations (a) Local educational agency grants For the purpose of carrying out part A, there are authorized to be appropriated $14,974,091,000 for each of fiscal years 2014 through 2018. (b) State assessments For the purpose of carrying out part B, there are authorized to be appropriated $368,900,000 for each of fiscal years 2014 through 2018. (c) Education of migratory children For the purpose of carrying out part C, there are authorized to be appropriated $372,751,000 for each of fiscal years 2014 through 2018. (d) Prevention and intervention programs for youth who are neglected, delinquent, or at risk For the purpose of carrying out part D, there are authorized to be appropriated $47,614,000 for each of fiscal years 2014 through 2018. (e) Federal activities For the purpose of carrying out section 1501, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2014 through 2018. . 103. School improvement and State administration The Act ( 20 U.S.C. 6301 et seq. (1) by striking section 1003; (2) by redesignating section 1004 as section 1003; and (3) in section 1003, as redesignated by paragraph (2)— (A) in subsection (a), by striking subsection (b) subsections (b) and (c) (B) 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 agencies 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 allocate not less than 95 percent of the amount directly to local educational agencies for schools identified by the State under section 1114(a)(1)(B), for activities under section 1114(b); 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 or educational service agencies. . 104. Basic program requirements Subpart 1 of part A of title I ( 20 U.S.C. 6311 et seq. (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 in consultation with local educational agencies, teachers, principals, pupil services personnel, administrators, other staff, and parents, that satisfies the requirements of this section. (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 their members, including representatives of teachers, State educational agencies, local educational agencies, and those with practical experience in implementing academic standards, assessments, accountability, the needs of low-performing schools, and other educational needs of students; and (iii) approve a State plan within 45 days of its submission unless the Secretary presents a body of substantial, high-quality education research that clearly demonstrates that the State's plan does not meet the requirements of this section and is likely to be ineffective or is inappropriate for its intended purposes. (B) Purpose of peer review The peer review process shall be designed to— (i) promote effective implementation of State-developed challenging academic standards through State and local innovation; and (ii) provide transparent feedback to States designed to strengthen the States' plans. (C) Standard and nature of review Peer reviewers shall conduct a good faith review of State plans in their totality and in deference to State and local judgments, with the goal of promoting State- and local-led innovation. (4) State plan determination, demonstration, and revision If the Secretary determines that the State plan does not meet the requirements of this subsection or subsection (b) or (c), the Secretary shall, prior to declining to approve a 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) offer the State an opportunity to revise and resubmit its plan within 60 days of such determination; (D) 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 (E) conduct a public hearing within 30 days of such resubmission, with public notice provided not less than 15 days before such 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)(E). (6) Limitations The Secretary shall not have the authority to require a State, as a condition of approval of the State plan, to— (A) include in, or delete from, such plan 1 or more specific elements of the State’s academic content standards or academic achievement standards; (B) use specific academic assessment instruments or items; (C) include in, or delete from, such a plan any criterion that specifies, defines, or prescribes the standards or measures that State or local educational agencies use to establish, implement, or improve— (i) State standards; (ii) assessments; (iii) State accountability systems; (iv) systems that measure student growth; (v) measures of other academic indicators; or (vi) teacher and principal evaluation systems; or (D) require the collection, publication, or transmission to the Department of individual student data that is not expressly required to be collected under this Act. (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 Department website, 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) 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; 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 A State shall notify the Secretary if a State makes significant changes to its plan, such as the adoption of new State academic content standards, State academic achievement standards, new academic assessments, or changes to its accountability system under subsection (b)(3). (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. (b) Academic standards, academic assessments, and State 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 student academic achievement standards that will be used by the State, its local educational agencies, and its schools to carry out this part. (B) Same standards The standards required by subparagraph (A) shall be the same standards that the State applies to all public schools and public school children 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 children in the State. (D) Alignment Each State shall provide an assurance to the Secretary that the State’s challenging academic content standards are aligned with— (i) entrance requirements, without the need for academic remediation, for an institution of higher education in the State; and (ii) State performance measures identified in the State plan under section 113(b) of the Carl D. Perkins Career and Technical Education Act of 2006. (E) Alternate academic achievement standards Notwithstanding any other provision of this paragraph, a State may, through a documented and validated standards-setting process, adopt alternate academic achievement standards for students with the most significant cognitive disabilities who take an alternate assessment, provided those standards— (i) are aligned with the State’s challenging academic content standards under subparagraph (A); (ii) promote access to the general curriculum; and (iii) reflect professional judgment of the highest achievement standards attainable by those students. (F) Modified academic achievement standards Notwithstanding any other provision of this paragraph, a State may, through a documented and validated standards-setting process, adopt modified academic achievement standards for students who have disabilities that preclude them from meeting State student achievement standards within the academic year covered by a student’s individualized education program under section 614(d) of the Individuals with Disabilities Education Act, provided those standards— (i) are aligned with the State’s challenging academic content standards under subparagraph (A) for the grade in which the student is enrolled; and (ii) are challenging for such eligible students, but may be less difficult than the grade-level academic achievement standards under this section. (G) English language proficiency standards Each State plan shall provide an assurance that the State has adopted English language proficiency standards that are aligned with the State’s challenging academic content 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 English language learners; and (iii) be aligned with the State’s academic content standards in reading or language arts so that achieving proficiency against 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. (H) Prohibitions (i) Standards review or approval A State shall not be required to submit any standards developed under this subsection for academic content or student academic achievement to the Secretary for review or approval. (ii) Federal control The Secretary shall not have the authority to mandate, direct, control, or exercise any direction or supervision over the academic content standards or academic achievement standards adopted or implemented by a State. (I) 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 Ready for College or Career Act of 2013. (2) Academic assessments (A) In general Each State plan shall provide an assurance that the State educational agency, in consultation with local educational agencies, has implemented a set of high-quality, yearly student academic assessments that include, at a minimum, academic assessments in mathematics and reading or language arts that will be used as the primary means of determining the yearly performance of each school in the State in enabling all children to meet the State’s challenging student academic achievement standards. (B) Requirements Each State plan shall provide an assurance that such assessments— (i) are the same academic assessments used to measure the achievement of all students; (ii) are aligned with the State’s challenging academic content and student academic achievement standards, and provide coherent information about student attainment of such standards; (iii) are used for purposes for which such assessments are valid and reliable, be of adequate technical quality for each purpose required under this Act, and be consistent with relevant, nationally recognized professional and technical standards; (iv) (I) measure the annual academic achievement of all students against the State’s challenging academic achievement standards in 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 State’s challenging academic achievement standards in science, and be administered not less than one time, during— (aa) grades 3 through 5; (bb) grades 6 through 8; and (cc) grades 9 through 12; (v) involve multiple up-to-date measures of student academic achievement; (vi) provide for— (I) the participation in such assessments of all students; (II) the reasonable adaptations and accommodations for children with disabilities (as defined in section 602(3) of the Individuals with Disabilities Education Act) necessary to measure the academic achievement of such children relative to State academic content and student academic achievement standards; (III) alternate assessments aligned with grade-level academic content and academic achievement standards, unless the State develops alternate assessments aligned with— (aa) alternate academic achievement standards, consistent with subparagraph (C), for students with the most significant cognitive disabilities; or (bb) modified academic achievement standards consistent with subparagraph (C); and (IV) the inclusion of English language learners, who shall be assessed in a valid and reliable manner and provided reasonable accommodations on assessments administered to such students under this paragraph, including, to the extent practicable, assessments in the language and form most likely to yield accurate data on what such students know and can do in academic content areas, until such students have achieved English language proficiency, as determined under paragraph (1)(G); (vii) produce individual student interpretive, descriptive, and diagnostic reports, consistent with clause (iii), that allow parents, teachers, and principals to understand and address the specific academic needs of students, and include information regarding achievement on academic assessments, and that are provided to parents, teachers, and principals in a timely manner after the assessment is given, in an understandable and uniform format; and (viii) 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) students with disabilities as compared to nondisabled students; (IV) English proficiency status; (V) gender; and (VI) migrant status. (C) Students with disabilities (i) Alternate standards A State may provide for alternate assessments aligned with alternate academic achievement standards for students with the most significant cognitive disabilities, if the State— (I) 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) (referred to in this section as IEP Teams (II) ensures that the parents of those students are informed that their child’s academic achievement will be based on alternate academic achievement standards; (III) documents that students with the most significant cognitive disabilities are, to the extent practicable, included in the general curriculum, and in assessments aligned with that curriculum; (IV) develops, disseminates information on, and promotes the use of appropriate accommodations to increase the number of students with disabilities who are tested against academic achievement standards for the grade in which a student is enrolled; and (V) ensures that regular and special education teachers and other appropriate staff know how to administer assessments, including making appropriate use of accommodations, for students with disabilities. (ii) Modified standards A State may assess students with disabilities based on modified academic achievement standards, if the State— (I) establishes and ensures implementation of clear and appropriate guidelines for IEP Teams to apply in determining which students with disabilities are eligible to be assessed based on modified academic achievement standards, which criteria, at a minimum, shall include— (aa) whether the student’s disability has precluded the student from achieving grade-level proficiency, as demonstrated by objective evidence, such as the student’s performance on the State’s regular assessments or on other assessments that can validly demonstrate academic achievement; and (bb) whether the student’s progress in response to appropriate instruction, including special education and related services designed to address the student’s individual needs, is such that, even if significant growth occurs, the IEP Team is reasonably certain that the student will not achieve to grade-level within the year covered by the IEP, which progress shall be based on multiple measurements, over a period of time, that are valid for the subjects being assessed; (II) ensures that, if a student’s IEP includes goals for a subject assessed based on modified academic achievement standards, those goals are based on academic content standards for the grade in which the student is enrolled; (III) ensures that parents of students with disabilities who are assessed against modified academic achievement standards are informed that their child’s achievement will be measured based on modified academic achievement standards; (IV) ensures that the alternate assessment yields results that measure the achievement of those students separately in reading or language arts, mathematics, and science relative to the modified academic achievement standards; (V) ensures that students who are assessed based on modified academic achievement standards have access to the curriculum, including instruction, for the grade in which the students are enrolled; and (VI) establishes and monitors implementation of clear and appropriate guidelines for IEP Teams to apply in developing and implementing IEPs for students who are assessed based on modified academic achievement standards. (D) Language assessments Each State plan shall identify the languages other than English that are present to a significant extent in the participating student population and indicate the languages for which yearly student academic assessments are not available and are needed, and such State shall make every effort to develop such assessments as are necessary. (E) Assessments of english language proficiency Each State plan shall provide an assurance that local educational agencies in the State will provide for an annual assessment of English proficiency (measuring students’ speaking, listening, reading, and writing skills in English) of all English language learners in the schools served by the State educational agency, except that each local educational agency shall have discretion to exempt any student who has been assessed as proficient in listening, speaking, reading, or writing English from the corresponding portion of the assessment. (F) 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 $368,900,000. (G) Construction 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. (3) State accountability system (A) In general Each State plan shall provide an assurance that the State has developed and is implementing a single, statewide State accountability system that will be based on the challenging academic content standards and student academic achievement standards adopted by the State, and other academic indicators related to student achievement identified by the State, to ensure that all students graduate from high school prepared for postsecondary education or the workforce without the need for remediation and that, at a minimum— (i) annually measures academic achievement of all public school students in the State towards meeting the State’s challenging academic achievement standards established by the State in mathematics and reading or language arts, which may include measures of student growth to such standards and any other valid and reliable academic indicators related to student achievement; (ii) establishes a system of annually identifying and differentiating among all public schools in the State based on student academic achievement and any other factors determined appropriate by the State and also takes into account— (I) achievement gaps between each category of students described in subclauses (I) through (IV) of paragraph (2)(B)(viii); (II) overall performance of all students and of each category of students described in subclauses (I) through (IV) of paragraph (2)(B)(viii); and (III) secondary school graduation rates, as appropriate; (iii) for public schools participating under this part, includes a system for annually— (I) identifying such schools that are in need of strategies for improving student academic achievement and any other measures determined appropriate by the State; and (II) providing assistance to local educational agencies to develop and implement appropriate strategies for improving identified schools; (iv) provides a clear and understandable explanation of the method of identifying schools under clause (iii); (v) measures the annual progress of not less than 95 percent of each category of students described in subclauses (I) through (IV) of paragraph (2)(B)(viii) who are enrolled in the school and are required to take the assessments under paragraph (2); and (vi) measures the high school graduation rate for each category of students described in subclauses (I) through (IV) of paragraph (2)(B)(viii). (B) Prohibition on regulation Nothing in this subsection shall be construed to permit the Secretary to establish any criterion that specifies, defines, or prescribes the standards or measures that State or local educational agencies use to establish, implement, or improve— (i) State standards; (ii) assessments; (iii) State accountability systems; (iv) systems that measure student growth; (v) measures of other academic indicators; or (vi) teacher and principal evaluation systems. (c) Provisions To support teaching and learning Each State plan shall provide an assurance that— (1) the State will notify local educational agencies, schools, teachers, parents, and the public of the academic content standards, student academic achievement standards, academic assessments, and State accountability system, developed under this section; (2) the State educational agency will assist each local educational agency and school affected by the State plan to meet the requirements of this part; and (3) low-income and minority children, enrolled in schools assisted under this part, are served by effective teachers and principals and have access to a high-quality instructional program in the core academic subjects, and the State shall adopt measures to evaluate and publicly report the progress of the State educational agency with respect to such steps. (d) Other assurances Each State plan shall contain an assurance that— (1) the State will participate in biennial State academic assessments of 4th and 8th grade reading and mathematics under 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; (2) 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; (3) the State educational agency will support the collection and dissemination to local educational agencies and schools of effective parental involvement practices; (4) 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; (5) the State educational agency will ensure that local educational agencies, to the extent feasible, in developing and implementing programs under this part, will work in consultation with outside intermediary organizations or individuals who have expertise in using strategies and programs based on scientifically valid research to improve teaching, learning, and schools; and (6) the State educational agency has appropriate procedures and safeguards in place to ensure the validity of the assessment process. (e) 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. (B) Implementation The State report card shall be— (i) concise; and (ii) presented in an understandable and uniform format. (C) Required information The State shall include in its annual State report card— (i) information, in the aggregate, on student achievement on the State academic assessments described in subsection (b)(2) (disaggregated by each category of students described in subsection (b)(2)(B)(viii)); (ii) the percentage of students tested (disaggregated by each category of students described in subsection (b)(2)(B)(viii)); (iii) information on any other indicator used by the State to determine student achievement under subsection (b)(3) (disaggregated by each category of students described in subsection (b)(2)(B)(viii)); (iv) graduation rates for secondary school students consistent with subsection (b)(3)(A)(vi); (v) the professional qualifications of teachers in the State and the percentage of such teachers teaching with emergency or provisional credentials, in the aggregate and disaggregated by high-poverty compared to low-poverty schools which, for the purpose of this clause, means schools in the top quartile of poverty and the bottom quartile of poverty in the State; (vi) information on the performance of local educational agencies and schools in the State; and (vii) for a State that implements a teacher and principal evaluation system consistent with title II, the evaluation results of teachers and principals, except that such information shall not provide individually identifiable information on individual teachers or principals. (D) Financial information The State shall include in its annual State report card the per-pupil expenditures of Federal, State, and local funds for each local educational agency in the State for the preceding fiscal year. (E) Optional information The State may include in its annual State report card such other information as the State believes will best provide parents, students, and other members of the public with information regarding the progress of each of the State’s public schools. (2) Annual local educational agency report cards (A) Report cards A local educational agency that receives assistance under this part shall prepare and disseminate, in accordance with subparagraph (E), an annual local educational agency report card. (B) Minimum requirements The local educational agency shall include in its report card the information described in paragraph (1)(C) as applied to the local educational agency and each school served by the local educational agency, and— (i) in the case of a local educational agency, information that shows how students served by the local educational agency achieved on the statewide academic assessment compared to students in the State as a whole; and (ii) in the case of a school, information that shows how the school’s students’ achievement on the statewide academic assessments compared to students in the local educational agency and the State as a whole. (C) Financial information The local educational agency shall include in its annual local educational agency report card the per-pupil expenditures of Federal, State, and local funds for each school served by the agency for the preceding fiscal year. (D) Other information A local educational agency may include in its annual local educational agency report card any other appropriate information, whether or not such information is included in the annual State report card. (E) 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 in an understandable and uniform format; and (II) make the information widely available through public means, such as posting on the Internet, 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 Ready for College or Career Act of 2013 (4) Annual State report to the secretary Each State educational agency receiving assistance under this part shall report annually to the Secretary, and make widely available within the State— (A) information on the achievement of students on the academic assessments required under subsection (b)(2), including the disaggregated results for each category of students described in subsection (b)(2)(B)(viii); (B) information on the acquisition of English proficiency by children who are English language learners; (C) the number and names of the schools identified under section 1114(a)(1)(B), and the school assistance strategies developed and implemented by the local educational agency under section 1114(b) to address the needs of students in each school; (D) the number of students and schools that participated in public school choice under this title; (E) (i) information on the quality and effectiveness of teachers; and (ii) the percentage of classes being taught by teachers who are licensed or certified to teach in their field of study, for the State and for each local educational agency and public elementary school or secondary school in the State; and (F) information on the results of the teacher and principal evaluation system, as applicable. (5) 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, as determined by the State or local educational agency, and that do not reveal personally identifiable information about an individual student. (B) Student privacy Subject to section 444 of the General Education Provisions Act and notwithstanding section 444(b)(1)(F) of such Act, student educational records and information shall not be shared without the informed explicit consent of the student’s legal guardian or if the student has reached the age of majority, the student, with any— (i) individual or governmental entity outside of the school; (ii) local educational agency or State educational agency; and (iii) third party contractor, such as a researcher or private or nonprofit non-governmental organization, including third party assessment and testing organizations. (C) Exception Notwithstanding subparagraph (B), the sharing of educational records and information shall be permissible— (i) in an emergency situation; and (ii) in the case where the student does not currently have a recognized legal guardian or is part of a court proceeding regarding child abuse or neglect. (6) 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 (4). Such report shall be submitted through electronic means only. (7) Secretary’s report card (A) In general Not later than July 1, 2015, and annually thereafter, the Secretary 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, student performance, and secondary school graduation rates, by analyzing and reporting on the status and performance of students, disaggregated by each category of students described in subsection (b)(2)(B)(viii); (iv) analyze data on Federal, State, and local expenditures on education, including per-pupil spending, teacher salaries and pension obligations, school level spending, and other financial data publicly available, and report on current trends and major findings; and (v) analyze information on the teaching and principal profession, 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. (f) 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, State academic content standards, and accountability systems required under this section. (2) Prohibition The Secretary shall be prohibited from requiring a State to enter into a voluntary partnership described in paragraph (1), including as a condition of approval of a State plan under this section or as a condition of an award of Federal funds under any grant, contract, or cooperative agreement. (g) 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 is developed in consultation with teachers, principals, administrators (including administrators of programs described in other parts of this title), other appropriate school personnel, and with parents of children in schools served under this part, that satisfies the requirements of this section. (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 satisfies the requirements of this part and enables children served under this part to meet the State’s challenging 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 Ready for College or Career Act of 2013 (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. (b) Plan provisions To ensure that all children receive a high-quality education that prepares them for postsecondary education and the workforce without the need for academic remediation, and to close the achievement gap between high- and low-performing children, especially the achievement gaps between minority and nonminority students, and between disadvantaged children and their more advantaged peers, 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 State’s challenging 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 State’s challenging academic achievement standards; (D) identifying significant gaps in student academic achievement between each category of students described in subclauses (I) through (IV) of section 1111(b)(2)(B)(viii) and develop strategies to reduce such gaps in achievement; and (E) identifying and implementing effective methods and instructional strategies that are based on scientifically valid research intended to strengthen the core academic program of the school; (2) how the local educational agency will monitor and evaluate the effectiveness of school programs in improving student academic achievement, especially for students not meeting the State's challenging academic achievement standards; (3) (A) how the local educational agency will meet the requirements of section 1119 regarding the qualifications of teachers and paraprofessionals; and (B) how the local educational agency, through incentives for voluntary transfers, recruitment programs, incentive pay, performance- or merit-based pay systems, or other effective strategies, will identify and address any disparities that result in low-income students and minority students being taught at higher rates than other students by ineffective, out-of-field, or inexperienced teachers; (4) the actions the local educational agency will take to assist schools identified under section 1114(a)(1)(B) and other schools also determined by the local educational agency to be in need of assistance to improve student academic achievement, and the funds used to conduct such actions; (5) 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; (6) the services the local educational agency will provide homeless children, including services provided with funds reserved under section 1113(a)(3)(C)(i); (7) the strategy the local educational agency will use to implement effective parental involvement under section 1118; (8) 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, including plans for the transition of participants in such programs to local elementary school programs, and, if appropriate, a description of how the local educational agency will use funds under this part to support preschool programs for children, particularly children participating in a Head Start program, which may be provided directly by the local educational agency or through a subcontract with the local Head Start agency designated by the Secretary of Health and Human Services under section 641 of the Head Start Act, or another comparable public early childhood development program; (9) how the local educational agency will coordinate programs and integrate services under this part with other Federal, State, and local services and programs; and (10) how teachers, in consultation with parents, administrators, and pupil services personnel, in targeted assistance schools under section 1113, will identify the eligible children most in need of services under this part. (c) Assurances Each local educational agency plan shall provide assurances that the local educational agency will— (1) ensure that the results from the academic assessments required under section 1111(b)(2) will be provided to parents and teachers as soon as is practicably possible after the test is taken; (2) 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; (3) provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1120, and timely and meaningful consultation with private school officials regarding such services; and (4) participate, if selected, in the National Assessment of Educational Progress in 4th and 8th grade reading and mathematics carried out under section 303(b)(2) of the National Assessment of Educational Progress Authorization Act. (d) Schoolwide program plans In addition to the plan requirements described in subsection (c), for schools operating a schoolwide program under section 1113(b)(2), the plan shall also include— (1) a description of schoolwide reform strategies that— (A) provide opportunities for all children to meet the State’s challenging academic achievement standards under section 1111(b); (B) use effective methods and instructional strategies that are based on scientifically valid research that— (i) strengthen the core academic program in the school; and (ii) increase the amount and quality of learning time and help provide an enriched and accelerated curriculum; and (C) address the academic and other support needs of all children in the school; (2) a list of State educational agency and local educational agency programs and other Federal programs that will be consolidated in the schoolwide program; and (3) if appropriate, a description of how funds will be used to establish or enhance prekindergarten programs for children below the age of 6. (e) Targeted assistance school plans In addition to the plan requirements described in subsection (c), for schools operating a targeted assistance program under section 1113(b)(3), the plan shall also include— (1) a description of— (A) the process for determining which students will be served and the students to be served; (B) the assistance that will be provided to such students; and (C) how the activities supported under this part will be coordinated with and incorporated into the regular education program of the school; and (2) assurances that the school will— (A) help provide an accelerated, high-quality curriculum; (B) minimize removing children from the regular classroom during regular school hours for instruction provided under this part; and (C) 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 State’s challenging academic achievement standards. (f) Parents right-to-Know (1) Teacher qualifications (A) In general At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student’s classroom teachers, including, at a minimum, the following: (i) Whether the 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) Whether the child is provided services by paraprofessionals and, if so, whether each such paraprofessional meets the qualifications required under section 1119. (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— (i) information on the level of achievement of the parent’s child in each of the State academic assessments as required under this part; and (ii) timely notice that the parent’s child 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. (2) Language instruction (A) Notice Each local educational agency using funds under this part 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 an English language learner identified for participation or participating in such a program of— (i) the reasons for the identification of their child as an English language learner and in need of placement in a language instruction educational program; (ii) the child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement; (iii) the methods of instruction used in the program in which their child is, or will be participating, and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction; (iv) how the program in which their child is, or will be participating, will meet the educational strengths and needs of their child; (v) how such program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation; (vi) the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for English language learners, and the expected rate of graduation from secondary school for such program if funds under this part are used for children in secondary schools; (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(a)(1)(D) of the Individuals with Disabilities Education Act; and (viii) information pertaining to parental rights that includes written guidance— (I) detailing— (aa) the right that parents have to have their child immediately removed from such program upon their request; and (bb) the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and (II) assisting parents in selecting among various programs and methods of instruction, if more than 1 program or method is offered by the eligible entity. (B) Special rule applicable during the school year For those children who have not been identified as English language learners prior to the beginning of the school year but are identified as English language 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 shall implement an effective means of outreach to parents of English language learners to inform the parents regarding 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 challenging State academic achievement standards and State academic content standards expected of all students, including holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this part. (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) 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 (ii) the term eligible school attendance area (C) Ranking order 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 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. (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 The local educational agency shall use the same measure of poverty, which measure shall be the number of children ages 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for a free or reduced priced 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, 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). (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 1120A(b); (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. (C) Reservation A local educational agency shall reserve such funds as are necessary under this part to provide services comparable to those provided to children in schools funded under this part to serve— (i) homeless children who do not attend participating schools, 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 school programs. (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 operates as a schoolwide program consistent with paragraph (2) or a targeted assistance school consistent with paragraph (3). (2) Schoolwide programs (A) In general 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) Identification of students not required (i) In general No school participating in a schoolwide program shall be required— (I) to identify particular children under this part as eligible to participate in a schoolwide program; or (II) to provide services to such children that are supplementary, as otherwise required by section 1120A(a). (ii) Supplemental funds 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 language learners. (C) Exemption from statutory and regulatory requirements (i) 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. (ii) 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, uses of Federal funds to supplement, not supplant non-Federal funds, or the distribution of funds to State educational agencies or local educational agencies that apply to the receipt of funds from such programs. (iii) Records A school that consolidates and uses 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. (D) Prekindergarten program A school that is eligible for a schoolwide program under this paragraph may use funds made available under this part to establish or enhance prekindergarten programs for children below the age of 6. (3) Targeted assistance schools (A) In general In all schools selected to receive funds under subsection (a)(3) that are ineligible for a schoolwide program under paragraph (2), or that choose not to operate such a schoolwide program, a local educational agency serving such school may use funds received under this part only for programs that provide services to eligible children under subparagraph (B) identified as having the greatest need for special assistance. (B) Eligible children (i) Eligible population (I) In general The eligible population for services under this section is— (aa) children not older than age 21 who are entitled to a free public education through grade 12; and (bb) 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 subclause (I), eligible children are children identified by the school as failing, or most at risk of failing, to meet the State’s challenging student academic achievement standards on the basis of multiple, educationally related, objective criteria established by the local educational agency and supplemented by the school. (ii) Children included (I) In general Children who are economically disadvantaged, children with disabilities, migrant children, or children who are English language learners, are eligible for services under this part on the same basis as other children selected to receive services under this part. (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, or in preschool services under this title, is eligible for services under this part. (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 part. (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 part. (V) Homeless children A child who is homeless and attending any school served by the local educational agency is eligible for services under this part. (iii) Special rule Funds received under this part may not be used to provide services that are otherwise required by law to be made available to children described in clause (ii) but may be used to coordinate or supplement such services. (C) Integration of professional development To promote the integration of staff supported with funds under this part into the regular school program and overall school planning and improvement efforts, public school personnel who are paid with funds received under this part may— (i) participate in general professional development and school planning activities; and (ii) 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. (D) Special rules (i) Simultaneous service Nothing in this paragraph shall be construed to prohibit a school from serving students under this paragraph simultaneously with students with similar educational needs, in the same educational settings where appropriate. (ii) Comprehensive services If health, nutrition, and other social services are not otherwise available to eligible children in a targeted assistance school and such school, if appropriate, has engaged in a comprehensive needs assessment and 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 part may be used as a last resort to provide such services, including— (I) the provision of basic medical equipment, such as eyeglasses and hearing aids; (II) compensation of a coordinator; and (III) professional development necessary to assist teachers, pupil services personnel, other staff, and parents in identifying and meeting the comprehensive needs of eligible children. 1114. School identification and assistance (a) State review and responsibilities (1) In general Each State educational agency receiving funds under this part shall use a system designed by the State in accordance with section 1111(b)(3)(A) to annually— (A) review the academic performance of each public school in the State to measure the progress of each public school served under this part in meeting the State’s challenging academic standards and any other measures determined appropriate by the State, by using— (i) the State academic assessments described in section 1111(b)(2); (ii) secondary school graduation rates, as appropriate; and (iii) other indicators determined by the State; and (B) identify the public schools that receive funds under this part and are in need of assistance for improving student academic achievement and any other measures determined appropriate by the State. (2) State educational agency responsibilities The State educational agency shall— (A) make technical assistance available to local educational agencies that serve schools identified under paragraph (1)(B); (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; and (C) inform local educational agencies of schools identified under subparagraph (1)(B) in a timely manner that is before the beginning of the school year. (b) Local educational agency review and responsibilities (1) In general Each local educational agency with a school identified under subsection (a)(1)(B) shall, in consultation with school personnel, parents, and the local community— (A) conduct a review of such school and student achievement data, including data from the State assessments described in section 1111(b)(2), to determine the factors that led to such identification; (B) conduct a review of the policies, procedures, personnel decisions, and budgetary decisions of the local educational agency and the school that impact the school and could have contributed to the identification of the school; (C) develop appropriate strategies, as described under paragraph (3), for assisting the identified school; and (D) develop a comprehensive plan for the successful implementation of the assistance strategies, including— (i) technical assistance that will be provided to the school; (ii) improved delivery of services to be provided by the local educational agency; (iii) curriculum, program of instruction, or other services provided to students in the school; and (iv) any changes to personnel necessary to improve educational opportunities for children in the school. (2) Notice to parents A local educational agency shall promptly provide to a parent or parents of each student enrolled in a school identified under subsection (a)(1)(B)— (A) an explanation of what the identification means, and how the school compares in terms of academic achievement 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 the student academic achievement problem, including a description of the assistance 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 the academic achievement issues 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 assistance strategies (A) In general Consistent with subsection (a)(1) and paragraph (1), a local educational agency shall develop assistance strategies for an identified school, which may include, among other strategies— (i) replacing the principal who led the school before implementation of the strategy; (ii) screening and replacing teachers that are not effective in improving student achievement, as determined by the State or local educational agency; (iii) giving the school sufficient operational flexibility in programming, staffing, budgeting, and scheduling to fully implement a comprehensive strategy that is designed to substantially improve student achievement and, if applicable, increase the graduation rate; (iv) providing ongoing, high-quality professional development to instructional staff that is aligned with the school’s instructional program, facilitates effective teaching and learning, and supports the implementation of school turnaround model; (v) implementing strategies, such as financial incentives, increased opportunities for promotion and career growth, and more flexible work conditions, that are designed to recruit, place, and retain staff with the skills that are necessary to meet the needs of the students in the school; (vi) using data to identify and implement a research-based instructional program that is aligned with the State's challenging academic standards or to inform and differentiate instruction in order to meet the academic needs of individual students; (vii) converting a school or closing and reopening the school— (I) under a charter school operator, a charter management organization, an education management organization, as a magnet school, or as an innovative school as defined under State law; and (II) enrolling in the school, within the grades it serves, any former student from the identified school who wishes to attend the school; (viii) closing a school and enrolling the students who attended that school in other schools of the local educational agency that are higher performing; (ix) adopting a new governance structure for the school; and (x) any other strategies and activities that the local educational agency deems appropriate to address the needs of students in identified schools. (B) State determined strategies Consistent with State law, a State educational agency may establish alternative State determined strategies that can be used by local educational agencies to assist a school identified under subsection (a)(1)(B), in addition to the assistance strategies developed by a local educational agency under subparagraph (A). (4) Public school choice (A) In general In addition to the assistance strategies developed under paragraph (3)(A), a local educational agency may, not later than 3 months before the first day of the school year following identification under subsection (a)(1)(B), provide all students enrolled in the identified school 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) Provision of transportation (i) In general Except as provided in clause (ii), a local educational agency shall provide, or shall pay for the provision of, transportation for a student who transfers under this paragraph to the public school to which the student transfers. (ii) Exception The obligation of a local educational agency to provide, or pay for the provision of, transportation for a student who transfers under this paragraph ends at the end of a school year if the local educational agency determines that the school from which the student transferred is no longer identified under subsection (a)(1)(B). 1115. Reserved 1116. Reserved 1117. Reserved ; and (2) by striking section 1119 and inserting the following: 1119. Qualifications for teachers and paraprofessionals (a) Teachers Each local educational agency receiving assistance under this part shall ensure that all teachers working in a program supported with funds under this part meet applicable State certification and licensure requirements. (b) Paraprofessionals (1) In general Each local educational agency receiving assistance under this part shall ensure that all paraprofessionals hired after the date of enactment of the No Child Left Behind Act of 2001 ( Public Law 107–110 (A) completed not less than 2 years of study at an institution of higher education; (B) obtained an associate’s (or higher) degree; or (C) met a rigorous standard of quality and can demonstrate, through a formal State or local academic assessment— (i) knowledge of, and the ability to assist in, instructing, reading, writing, and mathematics; or (ii) knowledge of, and the ability to assist in, reading readiness, writing readiness, and mathematics readiness, as appropriate. (2) Clarification The receipt of a secondary school diploma (or its recognized equivalent) shall be necessary but not sufficient to satisfy the requirements of paragraph (1)(C). (c) Exceptions for translation and parental involvement activities Subsection (b) shall not apply to a paraprofessional— (1) who is proficient in English and a language other than English and who provides services primarily to enhance the participation of children in programs under this part by acting as a translator; or (2) whose duties consist solely of conducting parental involvement activities consistent with section 1118. (d) Duties of paraprofessionals (1) In general Each local educational agency receiving assistance under this part shall ensure that a paraprofessional working in a program supported with funds under this part is not assigned a duty inconsistent with this subsection. (2) Limitations A paraprofessional described in paragraph (1) may only provide instructional service to a student under the direct supervision of a teacher or principal. (3) Responsibilities paraprofessionals may be assigned A paraprofessional described in paragraph (1) may be assigned— (A) to provide one-on-one tutoring for eligible students, if the tutoring is scheduled at a time when a student would not otherwise receive instruction from a teacher; (B) to assist with classroom management, such as organizing instructional and other materials; (C) to provide assistance in a computer laboratory; (D) to conduct parental involvement activities; (E) to provide support in a library or media center; (F) to act as a translator; or (G) to provide instructional services to students in accordance with paragraph (2). . 105. Participation of children enrolled in private schools Section 1120(a) ( 20 U.S.C. 6320(a) (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 the local educational agency 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. . 106. Title I funds follow the low-income child State option Subpart 2 of part A of title I (20 U.S.C. 6331 et seq.) is amended by adding at the end the following: 1128. Title I funds follow the low-income child State option (a) In general Notwithstanding any other provision of law and to the extent permitted under State law, a State educational agency may allocate grant funds under this subpart among the local educational agencies in the State based on the number of eligible children enrolled in the public schools operated by each local educational agency. (b) Eligible child (1) Definition In this section, the term eligible child (2) Criteria of poverty In determining the families with incomes below the poverty level for the purposes of this section, a State educational agency shall use the criteria of poverty used by the Census Bureau in compiling the most recent decennial census, as the criteria have been updated by increases in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics. (c) Student enrollment in public schools (1) Identification of eligible children On an annual basis, on a date to be determined by the State educational agency, each local educational agency that receives grant funding in accordance with subsection (a) shall inform the State educational agency of the number of eligible children enrolled in public schools served by the local educational agency. (2) Allocation to local educational agencies Based on the identification of eligible children in paragraph (1), the State educational shall provide to a local educational agency an amount equal to the sum of the amount available for each eligible child in the State multiplied by the number of eligible children identified by the local educational agency under paragraph (1). (3) Distribution to schools Each local educational agency that receives funds under paragraph (2) shall distribute such funds to the public schools served by the local educational agency— (A) based on the number of eligible children enrolled in such schools; and (B) in a manner that would, in the absence of such Federal funds, supplement the funds made available from non-Federal resources for the education of pupils participating in programs under this part, and not to supplant such funds. . 107. Academic assessments Part B of title I ( 20 U.S.C. 6361 et seq. B Academic assessments 1201. Grants for State assessments and related activities The Secretary shall make grants to States to enable the States to carry out the following: (1) To pay the costs of the development of the additional State assessments and standards required by 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 required by section 1111(b), to administer those assessments or to carry out other activities described in this part and other activities related to ensuring that the State’s schools and local educational agencies are held accountable for results, such as the following: (A) Expanding the range of appropriate accommodations available to English language learners and students with disabilities to improve the rates of inclusion in regular assessments of such students, including professional development activities to improve the implementation of such accommodations in instructional practice. (B) Developing or improving assessments for students with disabilities, including the development of assessments— (i) for all students, including students with disabilities, using the principles of universal design; (ii) aligned to modified State content standards; and (iii) aligned to alternate State content standards for students with the most significant cognitive disabilities. (C) Developing challenging academic content and student academic achievement standards and aligned assessments in academic subjects for which standards and assessments are not required under section 1111(b). (D) Developing or improving assessments of English language proficiency necessary to comply with section 1111(b)(2)(B)(vi)(IV). (E) Ensuring the continued validity and reliability of State assessments. (F) Refining State assessments to ensure their continued alignment with the State’s academic content standards and to improve the alignment of curricula and instructional materials. 1202. Grants for enhanced assessment instruments (a) Grant program authorized (1) In general From funds made available to carry out this part, the Secretary shall award, on a competitive basis, grants to State educational agencies to enable the agencies to carry out the activities described in this section. (2) Application A State educational agency that desires 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. (3) Award of grants The Secretary shall award grants to State educational agencies whose applications demonstrate, to the satisfaction of the Secretary, that the following requirements of this section will be met: (A) Developing or improving assessments for students with disabilities, including the development of assessments— (i) for all students, including students with disabilities, using the principles of universal design; (ii) aligned to modified State content standards; and (iii) aligned to alternate State content standards for students with the most significant cognitive disabilities. (B) Collaborating with institutions of higher education, other research institutions, or other organizations to improve the quality, validity, and reliability of State academic assessments. (C) Measuring student academic achievement using multiple measures of student academic achievement from multiple sources. (D) Measuring student progress or academic growth over time. (E) Evaluating student academic achievement through the development of comprehensive academic assessment instruments, such as performance and technology-based academic assessments. (F) Developing or improving the quality, validity, and reliability of assessments for English language learners, including alternative assessments aligned with State content standards, testing accommodations for English language learners, and assessments of English language proficiency. (b) Annual report Each State educational agency receiving a grant under this section shall submit an annual report to the Secretary describing its activities, and the result of those activities, under the grant. 1203. Funding (a) 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)(F) (referred to in this subsection as the trigger amount (A) reserve 1/2 (B) reserve 1/2 (C) from the remainder, allocate to each State an amount equal to— (i) $3,000,000; and (ii) with respect to any amounts remaining after the allocation is made under clause (i), an amount that bears the same relationship to such total remaining amounts as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (2) Remainder Any amounts remaining for a fiscal year after the Secretary carries out paragraph (1) shall be made available as follows: (A) (i) To award funds under section 1202 to States 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 shall include an amount that bears the same relationship to the total funds available under this paragraph for the fiscal year as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (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. (3) Priority The Secretary shall give priority to States that propose to conduct activities consistent with section 1202(a)(3)(A). (b) State defined In this section, the term State . 108. Evaluations Section 1501 ( 20 U.S.C. 6491 (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A), by striking relative to the goal of all students reaching the proficient level of achievement based on State academic assessments, challenging State academic content standards, and challenging State student academic achievement standards under section 1111 so that all students are prepared to graduate from high school ready to enter postsecondary education or the workforce without the need for academic remediation (ii) by striking subparagraphs (D), (F), and (G); (iii) by redesignating subparagraphs (E), (H), (I), (J), (K), (L), (M), (N), and (O), as subparagraphs (D), (E), (F), (G), (H), (I), (J), (K), and (L), respectively; (iv) in subparagraph (D), as redesignated by clause (iii)— (I) in clause (iii), by adding and (II) in clause (iv), by striking ; and (III) by striking clause (v); (v) by striking subparagraph (F), as redesignated by clause (iii), and inserting the following: (F) The extent to which actions authorized under section 1114(b) are implemented by State educational agencies and local educational agencies to improve the academic achievement of students in low-performing schools, and the effectiveness of such actions, including the following: (i) The number of schools identified under section 1114(a)(1)(B) and the factors that lead to such identification. (ii) The assistance strategies designed and implemented by the State educational agency or the local educational agency and the impact of such strategies on improving student academic achievement and improving school performance. (iii) If applicable, the number of parents who take advantage of the public school choice provisions of this title, the costs (including transportation costs) associated with implementing these provisions, the implementation of these provisions, and the impact of these provisions (including the impact of attending another school) on student achievement. ; and (vi) in subparagraph (K), as redesignated by clause (iii), by striking section 1111(b)(2)(C)(v)(II) subclauses (I) through (IV) of section 1111(b)(2)(B)(viii) (B) in paragraph (6)— (i) in subparagraph (A), by striking the No Child Left Behind Act of 2001 the Every Child Ready for College or Career Act of 2013 (ii) in subparagraph (B), by striking the No Child Left Behind Act of 2001 the Every Child Ready for College or Career Act of 2013 (2) in subsection (c)(2)(E), by striking section 1116 section 1114(c) 109. Demonstrations of innovative practices Part E of title I ( 20 U.S.C. 6491 et seq. 110. General provisions Title I (20 U.S.C. 6301 et seq.) is amended— (1) by striking parts F, G, and H; (2) in section 1120A, by striking subsection (a) and redesignating subsections (b), (c), and (d), as subsections (a), (b), and (c); (3) by striking section 1908; (4) by redesignating part I as part F; (5) by redesignating sections 1901 through 1907 as sections 1601 through 1607; and (6) in section 1604, as redesignated by paragraph (5), by striking 6 local educational agencies 25 local educational agencies 111. National assessment of educational progress Section 305 of the National Assessment of Educational Progress Authorization Act ( 20 U.S.C. 9624 (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) State assessments For the purpose of administering the State assessments under this title, there are authorized to be appropriated $72,000,000 for each of fiscal years 2014 through 2018. . II High-quality teachers and principals 201. High-quality teachers and principals The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (1) by redesignating subpart 5 of part C of title II as subpart 3 of part E of title IX and moving that subpart to the end of part E of title IX; (2) by redesignating sections 2361 through 2368 as sections 9541 through 9548, respectively; (3) by striking the subpart heading of subpart 3 of part E of title IX, as redesignated by paragraph (1), and inserting the following: 3 Teacher liability protection ; (4) 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. ; (5) by redesignating subpart 4 of part D of title II as subpart 4 of part E of title IX and moving that subpart to follow subpart 3 of part E of title IX, as redesignated by paragraph (1); (6) by redesignating section 2441 as section 9551; (7) by striking the subpart heading of subpart 4 of part E of title IX, as redesignated by paragraph (5), and inserting the following: 4 Internet safety ; and (8) by striking title II and inserting the following: II Preparing, training, and recruiting high-quality teachers and principals 2101. Purpose The purpose of this title is to improve student academic achievement by— (1) increasing the capacity of local educational agencies, schools, teachers, and principals to provide a well-rounded and complete education for all students; (2) improving teacher and principal quality and effectiveness; (3) increasing the number of teachers and principals who are effective in improving student academic achievement in schools; and (4) ensuring that low-income and minority students are served by effective teachers and principals and have access to a high-quality instructional program in the core academic subjects. 2102. Definitions In this title: (1) Core academic subjects The term core academic subjects (2) State The term State 2103. Authorization of appropriations (a) Grants to States and local educational agencies There are authorized to be appropriated to carry out this title $3,045,058,000 for each of fiscal years 2014 through 2018. (b) National activities From amounts appropriated under subsection (a) for each fiscal year, the Secretary shall reserve not more than 5 percent to carry out activities authorized under section 2108. (c) Teacher incentive fund From amounts appropriated under subsection (a) for each fiscal year that remain after making the reservation under subsection (b), the Secretary shall reserve not less than 10 percent to carry out activities authorized under part B. A Fund for the improvement of teaching and learning 2104. Formula grants to States (a) Reservation of funds From the total amount appropriated under section 2103(a) for a fiscal year after the Secretary makes the reservations under subsections (b) and (c) of section 2103, the Secretary shall reserve— (1) 1/2 (2) 1/2 (b) State allotments (1) In general From the funds appropriated under section 2103(a) for a fiscal year that remains after the Secretary makes the reservations under paragraphs (1) and (2) and subsections (b) and (c) of section 2103, the Secretary shall allot to each State the sum of— (A) an amount that bears the same relationship to 20 percent of the remaining amount as the number of individuals age 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (B) an amount that bears the same relationship to 80 percent of the remaining amount as the number of individuals age 5 through 17 from families with incomes below the poverty line, in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined. (2) Exceptions (A) Small State minimum No State receiving an allotment under paragraph (1) may receive less than 1/2 (B) Reallotment If a State does not receive an allotment under this title for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the remaining States in accordance with this section. (c) State use of funds (1) In general Each State that receives an allotment under this section shall reserve not less than 95 percent of the amount allotted to such State under subsection (b), for each fiscal year, to make subgrants to local educational agencies as described in section 2105. (2) State administration A State educational agency may use not more than 1 percent of the amount allotted to such State under subsection (b) for the administrative costs of carrying out such State educational agency’s responsibilities under this title. (3) State activities The State educational agency for a State that receives an allotment under subsection (a) may use funds not reserved under paragraph (1) to carry out the following activities, which may be carried out through a grant or contract with a for-profit or nonprofit entity: (A) Reforming teacher and principal certification, recertification, licensing, or tenure systems to ensure that— (i) teachers have the necessary subject matter knowledge and teaching skills in the academic subjects that the teachers teach to help students meet challenging State standards; (ii) principals have the instructional leadership skills to help teachers teach and to help students meet challenging State standards; and (iii) teacher certification or licensing requirements are aligned with challenging State standards. (B) Developing or improving teacher and principal evaluation systems that shall be based in significant part on evidence of student achievement and may include student growth and other measures determined by the State. (C) Carrying out programs that establish, expand, or improve alternative routes for State certification of teachers and principals, especially in the areas of mathematics and science, for— (i) highly qualified individuals with a bachelor’s or master’s degree; (ii) mid-career professionals from other occupations; (iii) paraprofessionals; (iv) former military personnel; and (v) recent college or university graduates with records of academic distinction who demonstrate the potential to become highly effective teachers or principals. (D) Developing and implementing mechanisms to assist local educational agencies and schools in effectively recruiting and retaining teachers and principals who are effective in improving student academic achievement. (E) Fulfilling the State educational agency’s responsibilities concerning proper and efficient administration and monitoring of the programs carried out under this part, including provision of technical assistance to local educational agencies. (F) Developing, or assisting local educational agencies in developing— (i) performance-based pay systems; (ii) strategies that provide differential and bonus pay for teachers in high-need academic subjects and teachers or principals in high-poverty schools and districts; (iii) teacher advancement initiatives that promote professional growth and emphasize multiple career paths and pay differentiation; and (iv) new teacher and principal induction and mentoring programs that are designed to— (I) improve instruction and student learning and achievement; and (II) increase the retention of effective teachers and principals. (G) Providing assistance to local educational agencies for the development and implementation of high-quality professional development programs for principals that enable the principals to be effective school leaders and prepare all students to meet challenging State academic content and student academic achievement standards, and the development and support of school leadership academies to develop educational leaders. (H) Supporting efforts to train teachers and principals to effectively integrate technology into curricula and instruction. (I) Providing training, technical assistance, and capacity building to local educational agencies that receive a subgrant under this title. (J) Other activities identified by the State that meet the purpose of this part. (d) State plan (1) In general In order to receive an allotment under this section for any fiscal year, a State shall submit a plan to the Secretary, at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents Each plan described under paragraph (1) shall include the following: (A) A description of how the State educational agency will use funds received under this title for State-level activities described in subsection (c). (B) An assurance that the State educational agency will monitor the implementation of activities under this title and provide technical assistance to local educational agencies in carrying out such activities. (C) An assurance that the State educational agency will work in consultation with the entity responsible for teacher professional standards, certification, and licensing, to ensure that the State activities carried out under this subpart are carried out in conjunction with the entity responsible for such standards, certification, and licensing under State law. 2105. Subgrants to local educational agencies (a) Allocation of funds to local educational agencies (1) In general A State educational agency that receives a grant under this title for a fiscal year shall provide the amount made available under section 2104(c)(1) to award subgrants to local educational agencies from allocations described in paragraph (2). (2) Allocation formula From the funds described in paragraph (1), the State educational agency shall allocate to each of the eligible local educational agencies in the State for a fiscal year the sum of— (A) an amount that bears the same relationship to 20 percent of the funds for such fiscal year as the number of individuals age 5 through 17 in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined; and (B) an amount that bears the same relationship to 80 percent of the funds for such fiscal year as the number of individuals age 5 through 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined. (3) Administrative costs Of the amount received under paragraph (2), a local educational agency may use not more than 2 percent for the direct administrative costs of carrying out its responsibilities under this title. (b) Local Applications (1) In general To be eligible to receive a subgrant under this section, a local educational agency shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. (2) Needs assessment (A) In general To be eligible to receive a subgrant under this subpart, a local educational agency shall conduct a comprehensive needs assessment of the local educational agency and of all schools within the jurisdiction of the local educational agency. (B) Requirements Such needs assessment shall be designed to determine the schools with the most acute staffing needs related to— (i) increasing the number of teachers and principals who are effective in improving student academic achievement; (ii) ensuring that low-income and minority students are served by effective teachers and principals and have access to a high-quality instructional program in the core academic subjects; (iii) hiring, retention, and promotion; (iv) understanding and using data and assessments to improve student learning and classroom practice; (v) improving student behavior in the classroom and school, including the identification of early and appropriate interventions; and (vi) teaching students who are English language learners and students with disabilities. (3) Consultation (A) In general In conducting a needs assessment as described in paragraph (2), a local educational agency shall— (i) involve teachers, principals, pupil services personnel, parents, community-based organizations, and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this part; and (ii) take into account the activities that need to be conducted in order to give teachers and principals the skills to provide students with the opportunity to meet challenging State standards. (B) Continued consultation A local educational agency shall consult with such individuals and organizations described in subparagraph (A) on an ongoing basis in order to— (i) seek advice regarding how best to improve the local educational agency’s activities to meet the purpose of this part; and (ii) coordinate the local educational agency’s activities under this part with other related strategies, programs, and activities being conducted in the community. (4) Contents Each application submitted under this section shall be based on the results of the needs assessment required under paragraph (2) and shall include the following: (A) A description of the results of the comprehensive needs assessment carried out under paragraph (2). (B) A description of the activities to be carried out by the local educational agency under this section and how these activities will be aligned with the State’s challenging academic standards. (C) An assurance that such activities will comply with the principles of effectiveness described in section 2106(b). (D) A description of the professional development activities that will be made available to teachers and principals to meet needs identified by the needs assessment described in paragraph (2). (E) A description of how the local educational agency will support efforts to train teachers and principals to effectively integrate technology into curricula and instruction. (F) An assurance that the local educational agency will comply with section 9501 (regarding participation by private school children and teachers). (G) A description of how the local educational agency will prioritize funds to schools served by the agency that are identified under section 1114(a)(1)(B) and have the highest percentage or number of children counted under section 1124(c). (H) An assurance that the local educational agency will coordinate professional development activities authorized under this subpart with professional development activities provided through other Federal, State, and local programs. 2106. Local use of funds (a) In general A local educational agency that receives a subgrant under section 2105 shall use the funds made available through the subgrant to develop, implement, and evaluate comprehensive programs and activities, which may be carried out through a grant or contract with a for-profit or nonprofit entity, that are in accordance with the purposes of this title and— (1) meet the needs identified in the needs assessment described in 2105(b)(2); (2) are consistent with the principles of effectiveness described in subsection (b); and (3) may include, among other programs and activities— (A) developing or improving a rigorous, transparent, and fair evaluation system for teachers and principals that shall be based in significant part on evidence of student achievement, and may include student growth as a significant factor; (B) developing and implementing initiatives to assist in recruiting, hiring, and retaining highly effective teachers and principals, particularly in high-poverty schools with high percentages of ineffective teachers and high percentages of students who do not meet State-determined proficient levels of achievement in the core academic subjects, including initiatives that provide— (i) differential, incentive, or bonus pay for teachers in high-need academic subject areas and specialty areas; (ii) performance-based pay systems for teachers and principals; (iii) teacher advancement, professional growth, and emphasis on multiple career paths and pay differentiation; and (iv) new teacher and principal induction and mentoring programs that are designed to improve instruction, student learning and achievement, and to increase teacher and principal retention; (C) recruiting qualified individuals from other fields, including mid-career professionals from other occupations, former military personnel, and recent graduates of an institution of higher education with a record of academic distinction who demonstrate potential to become effective teachers or principals; (D) establishing, improving, or expanding model instructional programs in the core academic subjects to ensure that all children receive a well-rounded and complete education; (E) providing high-quality professional development for teachers and principals focused on improving teaching and student learning and achievement in the core academic subjects, including supporting efforts to train teachers and principals to effectively integrate technology into curricula and instruction; (F) developing programs and activities that increase the ability of teachers to effectively teach students with disabilities, including students with significant cognitive disabilities, which may include the use of response to intervention and positive behavioral intervention and supports, and students who are English language learners so that such students can meet the State's challenging academic content and student academic achievement standards; (G) providing students with increased access to up-to-date school library materials, a well-equipped, technologically advanced school library media center, and well-trained professionally certified school library media specialist; (H) providing programs and activities to help students prepare for postsecondary level coursework in the core academic subjects, including early college or dual enrollment programs, Advanced Placement and International Baccalaureate programs, and other advanced learning programs, including programs to meet the educational needs of gifted and talented students; (I) providing programs that support extended learning opportunities in the core academic subjects, including before and after school programs, summer school programs, and programs that extend the school day, week, or school-year calendar; (J) providing general liability insurance coverage for the purchase by teachers related to actions performed in their scope of duties; and (K) carrying out other activities identified by the local educational agencies that meet the purpose of this part. (b) Principles of effectiveness (1) In general For a program or activity developed pursuant to this title to meet the principles of effectiveness, such program or activity shall— (A) be based upon an assessment of objective data regarding the need for programs and activities in the schools to be served to— (i) increase the number of teachers and principals who are effective in improving student academic achievement; and (ii) ensure that low-income and minority students are served by effective teachers and principals and have access to a high-quality instructional program in the core academic subjects; (B) be based upon an established set of performance measures aimed at ensuring that all students receive a high-quality education in the core academic subjects, taught by effective teachers, that result in improved student academic achievement in the school served by the program; (C) reflect, to the extent practicable, scientifically valid research, or in the absence of a strong research base, reflect best practices in the field, that provides evidence that the program or activity will improve student academic achievement in the core academic subjects; and (D) include meaningful and ongoing consultation with and input from teachers, principals, and parents, in the development of the application and administration of the program or activity. (2) Periodic evaluation (A) In general The program or activity shall undergo a periodic evaluation to assess its progress toward achieving the goal of providing students with a high-quality education in the core academic subjects, taught by effective teachers, that results in improved student academic achievement. (B) Use of results The results of evaluations described under subparagraph (A) shall be— (i) used to refine, improve, and strengthen the program or activity, and to refine the performance measures; and (ii) made available to the public upon request, with public notice of such availability provided. 2107. Reporting (a) In general Each State educational agency receiving funds under this title shall submit to the Secretary a report that provides— (1) the number of teachers and principals in the State who are licensed and certified; (2) the number of teachers in the State who are licensed and certified to teach in their field of study; (3) the number of teachers and principals in the State who have received emergency licensure; (4) the passage rate of teacher and principal licensure examinations; and (5) if applicable, results of teacher and principal evaluation systems. (b) Local educational agency report Each local educational agency receiving funds under this title shall submit to the State educational agency such information that the State requires, which shall include the information listed in subsection (a). (c) Availability The reports and information provided under subsections (a) and (b) shall be made readily available to the public. 2108. National activities of demonstrated effectiveness (a) Purpose The purpose of this section is to promote innovative instruction and learning strategies by nationally recognized organizations with a proven track record of effectiveness in providing preparation and professional development activities and programs for teachers and principals, particularly in underserved areas. (b) Technical assistance and national evaluation From the funds reserved by the Secretary under section 2103(b) to carry out this section, the Secretary may reserve not more than 20 percent to carry out directly or through grants and contracts— (1) technical assistance to States and local educational agencies carrying out activities under this part; and (2) national evaluations of activities carried out by States and local educational agencies under this part. (c) Programs of national significance From the funds reserved by the Secretary under section 2103(b), and not reserved under subsection (b), the Secretary shall award grants, on a competitive basis, to eligible entities for the purposes of— (1) providing teachers and school leaders from non-traditional preparation and certification routes to serve in traditionally underserved local education agencies; (2) providing professional development activities that addresses literacy, numeracy, remedial, or other needs of local education agencies and their students; or (3) making freely available services and learning opportunities to local education agencies through partnerships and cooperative agreements or by making publicly accessible through the Internet or other widely available means. (d) Program periods and diversity of projects (1) In general A grant awarded by the Secretary to an eligible entity under this section shall be of sufficient size, for a period of not more than 3 years, and may be renewed by the Secretary for an additional 2 year period. (2) Diversity of projects The Secretary shall ensure that reach eligible entity will serve different areas, including urban, suburban, and rural areas. (3) Limitation The Secretary may not award more than one grant to an eligible entity during a grant period. (e) Cost-Sharing (1) In general An eligible entity that receives a grant under this section, shall provide, from non-Federal sources, not less than 50 percent of the funds for the total cost for each year of activities carried out under this section. (2) Acceptable contributions An eligible entity that receives a grant under this section may meet the requirement of paragraph (1) by providing contributions in cash or in kind, fairly evaluated, including plant, equipment, and services. (3) Waivers The Secretary may waive or modify the requirement of paragraph (1) in cases of demonstrated financial hardship. (f) Applications In order to receive a grant under this section, an eligible entity shall submit an application to the Secretary in such time and in such manner that the Secretary may require, which shall include, at a minimum, a certification that the eligible entity will provide services to the local educational agency and schools it serves at no cost to its students or parents. (g) Definition of eligible entity In this section, the term eligible entity (1) an institution of higher education, as defined in section 102 of the Higher Education Act of 1965, that provides course materials or resources that are research proven in increasing academic achievement; or (2) a national nonprofit or for-profit organization with a demonstrated track record of raising student academic achievement, graduation rates, and college-going rates. 2109. Prohibition against Federal mandates, direction, or control Nothing in this title shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, control, or exercise any direction or supervision over a State, local educational agency, or school’s instructional content or materials, curriculum, program of instruction, academic content and student academic achievement standards, or academic assessments. 2110. Supplement, not supplant Funds made available under this title shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this title. B Teacher incentive fund 2201. Purposes; definitions (a) Purposes The purposes of this part are— (1) to assist States, local educational agencies, and nonprofit organizations to develop, implement, improve, or expand comprehensive performance-based compensation systems for teachers and principals, especially for teachers and principals in high-need schools, who raise student academic achievement and close the achievement gap; and (2) to study and review performance-based compensation systems for teachers and principals to evaluate the effectiveness, fairness, quality, consistency, and reliability of the systems. (b) Definitions In this part: (1) Eligible entity The term eligible entity (A) a local educational agency or a consortium of local educational agencies, including a charter school that is a local educational agency; (B) a State educational agency, or other State agency designated by the chief executive of a State to participate under this part; or (C) a partnership consisting of— (i) one or more agencies described in subparagraph (A) or (B); and (ii) at least 1 nonprofit or for-profit organization. (2) High-need local educational agency The term high-need local educational agency (A) (i) that serves not fewer than 10,000 children from families with incomes below the poverty line; or (ii) for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line; and (B) (i) for which there is a high percentage of teachers not teaching in the academic subjects or grade levels that the teachers were trained to teach; or (ii) for which there is a high percentage of teachers with emergency, provisional, or temporary certification or licensing. (3) High-need school The term high-need school (A) is located in an area in which the percentage of students from families with incomes below the poverty line is 30 percent or more; or (B) (i) has a high percentage of out-of-field teachers; (ii) is within the top quartile of elementary schools and secondary schools statewide, as ranked by the number of unfilled, available teaching positions at the schools; (iii) has a high teacher turnover rate; or (iv) has a high percentage of teachers who are not certified or licensed. (4) Performance-based compensation system The term performance-based compensation system (A) differentiates levels of compensation primarily on the basis of measurable increases in student academic achievement; and (B) may include— (i) differentiated levels of compensation on the basis of effective teachers’ and principals’ employment and success in hard-to-staff schools or high-need subject areas; and (ii) recognition of the skills and knowledge of teachers and principals as demonstrated through— (I) successful fulfillment of additional responsibilities or job functions; and (II) evidence of high achievement and mastery of content knowledge and superior teaching skills. 2202. Teacher incentive fund grants (a) In general From the amounts appropriated to carry out this part, the Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable the eligible agencies to develop, implement, improve, or expand a performance-based compensation system in a school served by a project under this part. (b) Priority In awarding a grant under this part, the Secretary shall give priority to an eligible entity that concentrates the activities proposed to be assisted under the grant on teachers and principals serving in high-need schools. (c) Applications To be eligible to receive a grant under this part, an eligible entity shall submit an application to the Secretary, at such time and in such manner as the Secretary may reasonably require. The application shall include— (1) a description of the performance-based compensation system that the eligible entity proposes to develop, implement, improve, or expand; (2) a description and evidence of the support and commitment, from teachers and principals in the school to be served by the project, the community, and the local educational agency, for the performance-based compensation system, including a demonstration of consultation with teachers and principals on the development and implementation of the performance-based compensation system; (3) a description of how the eligible entity will develop and implement a fair, rigorous, and objective process to evaluate teacher, principal, and student performance under the project, including the baseline performance against which evaluations of improved performance will be made; (4) a description of the local educational agency or school to be served by the project, including such student academic achievement, demographic, and socioeconomic information as the Secretary may request; (5) a description of the quality of teachers and principals in the local educational agency and the schools to be served by the project and how the project will increase the quality of teachers and principals in a high-need school; (6) a description of how the eligible entity will use grant funds under this part in each year of the grant; (7) a description of how the eligible entity will continue the performance-based compensation system assisted under the grant after the grant ends; (8) a description, if applicable, of how the eligible entity will define effective for the purposes of section 2201(b)(4)(B)(i), through the use of measurable indicators, that are based in significant part on measures of student academic achievement; and (9) a description of the State, local, or other public or private funds that will be used to supplement the grant and sustain the activities assisted under the grant at the end of the grant period. (d) Use of funds (1) In general An eligible entity that receives a grant under this part shall use the grant funds to develop, implement, improve, or expand, in collaboration with teachers, principals, other school administrators, and members of the public, a performance-based compensation system consistent with this part. (2) Authorized activities Grant funds under this part may be used for the following: (A) Developing appraisal systems that reflect clear and fair measures of teacher and principal performance based on demonstrated improvements in student academic achievement. (B) Conducting outreach within a local educational agency or a State to gain input on how to construct the appraisal system and to develop support for the appraisal system. (C) Paying, as part of a comprehensive performance-based compensation system, bonuses and increased salaries, if the eligible entity uses an increasing share of non-Federal funds to pay the bonuses and increased salaries each year of the grant, to— (i) teachers and principals who raise student academic achievement; (ii) teachers who— (I) raise student academic achievement; and (II) (aa) teach in high-need schools; or (bb) teach subjects that are difficult to staff; or (iii) principals who raise student academic achievement in the school and serve in high-need schools. (e) Duration of grants (1) In general The Secretary may award a grant under this part for a period of not more than 5 years. (2) Limitation A local educational agency may receive (whether individually or as part of a consortium or partnership) a grant under this part only once. (f) Equitable distribution To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this part. (g) Matching requirement Each eligible entity that receives a grant under this part shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant (which may be provided in cash or in-kind) to carry out the activities supported by the grant. (h) Supplement, not supplant Grant funds provided under this part shall be used to supplement, not supplant, other Federal or State funds available to carry out activities described in this part. 2203. Reports and evaluations (a) Activities summary Each eligible entity receiving a grant under this part shall provide to the Secretary a summary of the activities assisted under the grant. (b) Report The Secretary shall provide to Congress an annual report on the implementation of the program assisted under this part, including— (1) information on eligible entities that received grant funds under this part, including— (A) information provided by eligible entities to the Secretary in the applications submitted under section 2202(c); (B) the summaries received under subsection (a); and (C) grant award amounts; (2) student academic achievement data; and (3) such other information as the Secretary may include. (c) Evaluation (1) In general The Secretary shall, through a grant or contract, carry out an independent evaluation to measure the effectiveness of the program assisted under this part. (2) Contents The evaluation under paragraph (1) shall measure— (A) the effectiveness of the program in improving student academic achievement; (B) the satisfaction of the participating teachers or principals; and (C) the extent to which the program assisted the eligible entities in recruiting and retaining high-quality teachers and principals, especially in hard-to-staff subject areas. 2204. Reservation of funds Of the total amount reserved under section 2103(c) for this part for a fiscal year, the Secretary may reserve for such fiscal year not more than 1 percent for the cost of the evaluation under section 2203(c) and for technical assistance in carrying out this part. . III Safe and healthy students 301. General provisions The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (1) in title IV (20 U.S.C. 7101 et seq.)— (A) by redesignating subpart 3 of part A as subpart 5 of part E of title IX and moving that subpart to follow subpart 4 of part E of title IX, as redesignated by section 201 of this Act; (B) by redesignating section 4141 as section 9561; (C) by redesignating section 4155 as section 9537 and moving that section so as to follow section 9536; (D) by redesignating part C as subpart 6 of part E of title IX and moving that subpart to follow subpart 5 of part E of title IX, as redesignated by subparagraph (A); and (E) by redesignating sections 4301, 4302, 4303, and 4304, as sections 9571, 9572, 9573, and 9574, respectively; and (2) by striking title IV ( 20 U.S.C. 7101 et seq. IV Safe and healthy students 4101. Purpose The purpose of this title is to improve students’ safety, health, and well-being during and after the school day by— (1) increasing the capacity of local educational agencies, schools, and local communities to create safe, healthy, supportive, and drug-free environments; (2) carrying out programs designed to improve school safety and promote students’ physical and mental health well-being, healthy eating and nutrition, and physical fitness; (3) preventing and reducing substance abuse, school violence, and bullying; and (4) strengthening parent and community engagement to ensure a healthy, safe, and supportive school environment. 4102. Definitions In this title: (1) Controlled substance The term controlled substance 21 U.S.C. 812(c) (2) Drug The term drug (3) Drug and violence prevention The term drug and violence prevention (A) with respect to drugs, prevention, early intervention, rehabilitation referral, or education related to the illegal use of drugs; and (B) with respect to violence, the promotion of school safety, such that students and school personnel are free from violent and disruptive acts, including sexual harassment and abuse, and victimization associated with prejudice and intolerance, on school premises, going to and from school, and at school-sponsored activities, though the creation and maintenance of a school environment that is free of weapons and fosters individual responsibility and respect for the rights of others. (4) School-based mental health services provider The term school-based mental health services provider (5) State The term State 4103. Formula grants to States (a) Reservations From the total amount appropriated under section 4108 for a fiscal year, the Secretary shall reserve— (1) not more than 1 percent for national activities, which the Secretary may carry out directly or through grants and contracts, such as providing technical assistance to States and local educational agencies carrying out activities under this title or conducting a national evaluation; (2) 1/2 (3) 1/2 (b) State allotments (1) Allotment (A) In general In accordance with subparagraph (B), the Secretary shall allot among each of the States the total amount made available to carry out this title for any fiscal year and not reserved under subsection (a). (B) Determination of State allotment amounts Subject to paragraph (2), the Secretary shall allot the amount made available under subparagraph (A) for a fiscal year among the States in proportion to the number of children, aged 5 to 17, who reside within the State and are from families with incomes below the poverty line for the most recent fiscal year for which satisfactory data are available, compared to the number of such individuals who reside in all such States for that fiscal year. (2) Small State minimum No State receiving an allotment under paragraph (1) may receive less than 1/2 (3) Reallotment If a State does not receive an allotment under this title for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the remaining States in accordance with this section. (c) State use of funds (1) In general Each State that receives an allotment under this section shall reserve not less than 98 percent of the amount allotted to such State under subsection (b), for each fiscal year for subgrants to local educational agencies under section 4104. (2) State administration A State educational agency may use not more than 1 percent of the amount made available to the State under subsection (b) for the administrative costs of carrying out its responsibilities under this title. (3) State activities A State educational agency may use the amount made available to the State under subsection (b) and not reserved under paragraph (1) for the following activities: (A) Providing training, technical assistance, and capacity building to local educational agencies that are recipients of awards under this title. (B) Other activities identified by the State that meet the purpose of this title. (d) State plan (1) In general In order to receive an allotment under this section for any fiscal year, a State shall submit a plan to the Secretary, at such time and in such manner as the Secretary may reasonably require. (2) Contents Each plan submitted by a State under this section shall include the following: (A) A description of how the State educational agency will use funds received under this title for State-level activities. (B) An assurance that the State educational agency will monitor the implementation of activities under this title and provide technical assistance to local educational agencies in carrying out such activities. 4104. Subgrants to local educational agencies (a) Allocations to local educational agencies (1) In general A State that receives an allotment under this title for a fiscal year shall provide the amount made available under section 4103(c)(1) for subgrants to local educational agencies in accordance with this section. (2) Funds to local educational agencies From the funds reserved by a State under section 4103(c)(1), the State shall allocate to each local educational agency in the State an amount that bears the same relationship to such funds as the number of individuals ages 5 to 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of such individuals in the geographic areas served by all the local educational agencies in the State, as so determined. (3) Administrative costs Of the amount received under paragraph (2), a local educational agency may use not more than 2 percent for the direct administrative costs of carrying out its responsibilities under this title. (b) Local applications (1) In general To be eligible to receive a subgrant under this section, a local educational agency shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. (2) Consultation (A) In general A local educational agency shall conduct a needs assessment described in paragraph (3), and develop its application, through consultation with parents, teachers, principals, pupil services personnel, students, community-based organizations, local government representatives, and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this title. (B) Continued consultation On an ongoing basis, the local educational agency shall consult with the individuals and organizations described in subparagraph (A) in order to seek advice regarding how best— (i) to improve the local educational agency’s activities in order to meet the purpose of this title; and (ii) to coordinate such agency’s activities under this title with other related strategies, programs, and activities being conducted in the community. (3) Needs assessment (A) In general To be eligible to receive a subgrant under this section, a local educational agency shall conduct a comprehensive needs assessment of the local educational agency and of all schools within the jurisdiction of the local educational agency. (B) Requirements The needs assessment required under subparagraph (A) shall take into account risk factors of the community, school, family, or peer-individual domains that are known, through prospective, longitudinal research efforts, to be predictive of drug use, violent behavior, and the physical and mental health and well-being of youth in the school and community. (4) Contents Each application submitted under this subsection shall be based on the needs assessment described in paragraph (3) and shall include the following: (A) The results of the needs assessment described in paragraph (3) and an identification of each school that will be served by a subgrant under this section. (B) A description of the activities to be carried out by the local educational agency under this title and how these activities are aligned with the results of the needs assessment conducted under paragraph (3). (C) A description of the performance indicators that will be used to evaluate the effectiveness of the activities carried out under this section. (D) An assurance that the activities will comply with the principles of effectiveness described in section 4105(b), and foster a healthy, safe, and supportive school environment that improves students’ safety, health, and well-being during and after the school day. (E) An assurance that the local educational agency will prioritize funds to schools served by the local educational agency that— (i) are among the schools with the greatest needs as identified through the needs assessment conducted under paragraph (3); (ii) have the highest percentages or numbers of children counted under section 1124(c); (iii) are identified for improvement under section 1114; or (iv) are identified as a persistently dangerous public elementary school or secondary school under section 9532. (F) An assurance that the local educational agency will comply with section 9501 (regarding participation by private school children and teachers). 4105. Local educational agency authorized activities (a) Local educational agency activities A local educational agency that receives a subgrant under section 4104 shall use the subgrant funds to develop, implement, and evaluate comprehensive programs and activities, which are coordinated with other schools and community-based services and programs, that are in accordance with the purpose of this title and— (1) foster safe, healthy, supportive, and drug-free environments that support student academic achievement; (2) are consistent with the principles of effectiveness described in subsection (b); (3) promote the involvement of parents in the activity or program; and (4) may include, among other programs and activities— (A) drug and violence prevention activities and programs, including professional development and training for school and pupil services personnel, and interested community members in prevention, education, early identification, and intervention mentoring, or rehabilitation referral, as related to drug and violence prevention; (B) before and after school programs and activities, including during summer recess periods, and programs to extend the school day, week, or school-year calendar; (C) school-based mental health services, including early identification of drug use and violence, and direct individual or group counseling services provided by qualified school-based mental health services providers; (D) emergency intervention services following traumatic crisis events; (E) programs that train school personnel to identify warning signs of youth suicide; (F) mentoring programs and activities for children who are at risk of academic failure, dropping out of school, or involvement in criminal or delinquent activities, or who lack strong positive role models; (G) elementary school and secondary school counseling programs; (H) programs or activities that support a healthy, active lifestyle, including nutritional education and regular, structured physical education programs for elementary school and secondary school students; (I) implementation of schoolwide positive behavioral interventions and supports, including through coordination with similar activities carried out under the Individuals with Disabilities Education Act; and (J) other activities and programs identified as necessary by the local educational agency through the needs assessment conducted under section 4104(b)(3) that meet the purpose of this title. (b) Principles of effectiveness (1) In general For a program or activity developed pursuant to this title to meet the principles of effectiveness, such program or activity shall— (A) be based upon an assessment of objective data regarding the need for programs and activities in the elementary schools and secondary schools and communities to be served to— (i) improve school safety and promote students’ physical and mental health well-being, healthy eating and nutrition, and physical fitness; and (ii) strengthen parent and community engagement to ensure a healthy, safe, and supportive school environment; (B) be based upon an established set of performance measures aimed at ensuring a healthy, safe, and supportive school environment for students in the elementary schools and secondary schools and communities to be served by the program; (C) reflect, to the extent practicable, scientifically valid research, or in the absence of a strong research base, reflect best practices in the field, that provides evidence that the program or activity will provide students a healthy, safe, and supportive school environment; and (D) include meaningful and ongoing consultation with and input from parents in the development of the application and administration of the program or activity. (2) Periodic evaluation (A) In general The program or activity shall undergo a periodic evaluation to assess its progress toward achieving its goal of providing students a healthy, safe, and supportive school environment that promotes school safety and students’ physical and mental health and well-being, healthy eating and nutrition, and physical fitness. (B) Use of results The results of evaluations under subparagraph (A) shall be— (i) used to refine, improve, and strengthen the program or activity, and to refine the performance measures; and (ii) made available to the public upon request, with public notice of such availability provided. 4106. Supplement, not supplant Funds made available under this title shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this title. 4107. Prohibited use of funds No funds under this title may be used for— (1) construction; or (2) medical services, drug treatment or rehabilitation, except for pupil services or referral to treatment for students who are victims of, or witnesses to, crime or who illegally use drugs. 4108. Authorization of appropriations There are authorized to be appropriated to carry out this title $1,372,627,000 for each of fiscal years 2014 through 2018. . IV Empowering parents through quality charter schools 401. Purpose Section 5201 ( 20 U.S.C. 7221 5201. Purpose It is the purpose of this subpart to— (1) provide financial assistance for the planning, program design, and initial implementation of charter schools; (2) expand the number of high-quality charter schools available to students across the Nation; (3) evaluate the impact of such schools on student achievement, families, and communities, and share best practices between charter schools and other public schools; (4) encourage States to provide support to charter schools for facilities financing in an amount more nearly commensurate to the amount the States have typically provided for traditional public schools; (5) improve student services to increase opportunities for students who are children with disabilities, English language learners, and other traditionally underserved students to attend charter schools and meet challenging State academic achievement standards; and (6) support efforts to strengthen the charter school authorizing process to improve performance management, including transparency, monitoring, and evaluation of such schools. . 402. Program authorized Section 5202 (20 U.S.C. 7221a) is amended to read as follows: 5202. Program authorized (a) In general The Secretary is authorized to carry out a charter school program that supports charter schools that serve elementary school and secondary school students by— (1) supporting the startup, replication, and expansion of charter schools; (2) assisting charter schools in accessing credit to acquire and renovate facilities for school use; and (3) carrying out national activities to support— (A) charter school development; (B) the dissemination of best practices of charter schools for all schools; and (C) the evaluation of the impact of the program on schools participating in the charter school program. (b) Funding allotment From the amount made available under section 5211 for a fiscal year, the Secretary shall— (1) reserve 15 percent to support charter school facilities assistance under section 5204; (2) reserve not more than 5 percent to carry out national activities under section 5205; and (3) use the remaining amount after the reservations under paragraphs (1) and (2) to carry out section 5203. (c) Prior grants and subgrants The recipient of a grant or subgrant under this subpart, as such subpart was in effect on the day before the date of enactment of the Every Child Ready for College or Career Act of 2013 . 403. Grants to support high-quality charter schools Section 5203 ( 20 U.S.C. 7221b 5203. Grants to support high-quality charter schools (a) Definitions In this section: (1) Charter management organization The term charter management organization (2) Eligible entity The term eligible entity (A) a State entity; (B) an authorized public chartering agency; (C) a local educational agency; or (D) a charter management organization. (3) State entity The term State entity (A) a State educational agency; (B) a State charter school board; (C) a Governor of a State; or (D) a charter support organization. (b) Program authorized From the amount available under section 5202(b)(3), the Secretary shall award grants, on a competitive basis, to eligible entities to enable— (1) eligible entities described in subparagraph (A), (B), or (C) of subsection (a)(2) to— (A) award subgrants to eligible applicants— (i) to open new charter schools; (ii) to open replicable, high-quality charter school models; or (iii) to expand high-quality charter schools; and (B) provide technical assistance to eligible applicants and authorized public chartering agencies in carrying out the activities described in subparagraph (A) and work with authorized public chartering agencies in the State to improve authorizing quality; or (2) eligible entities described in subparagraph (B), (C), or (D) of subsection (a)(2) to open new charter schools, to open replicable high-quality charter school models, or to expand high-quality charter schools, which may include— (A) supporting the physical expansion of charter school buildings, including financing the development of new buildings and campuses to meet increased enrollment needs; (B) paying costs associated with hiring additional teachers to serve additional students; (C) providing transportation to students to and from the charter school; (D) purchasing instructional materials, implementing teacher and principal professional development programs, and hiring additional non-teaching staff; and (E) supporting any necessary activities associated with the charter school carrying out the purpose of this section. (c) Uses of funds (1) Special rule for subgranting entities An eligible entity receiving a grant under subsection (b)(1) shall— (A) use 90 percent of the grant funds to carry out subsection (b)(1)(A), in accordance with the quality charter school program described in the entity’s application approved pursuant to subsection (f); and (B) reserve 10 percent of such funds to carry out the activities described in subsection (b)(1)(B), of which not more than 30 percent may be used for administrative costs which may include technical assistance. (2) Contracts and grants An eligible entity may use a grant received under this section to carry out the activities described in subsection (b) directly or through grants, contracts, or cooperative agreements. (d) Program periods; peer review; diversity of projects (1) Program periods (A) Grants A grant awarded by the Secretary to an eligible entity under this section shall be for a period of not more than 3 years, and may be renewed by the Secretary for 1 additional 2-year period. (B) Subgrants A subgrant awarded by an eligible entity under this section shall be for a period of not more than 3 years, of which an eligible applicant may use not more than 18 months for planning and program design. An eligible entity may renew a subgrant for 1 additional 2-year period. (2) Peer review The Secretary, and each eligible entity awarding subgrants under this section, shall use a peer review process to review applications for assistance under this section. (3) Diversity of projects Each eligible entity awarding subgrants under this section shall award subgrants in a manner that, to the extent practicable and applicable, ensures that such subgrants— (A) are distributed throughout different areas, including urban, suburban, and rural areas; and (B) will assist charter schools representing a variety of educational approaches. (e) Limitations (1) Grants An eligible entity may not receive more than 1 grant under this section at a time, unless the eligible entity demonstrates to the Secretary that, for each charter school supported under the first grant, the education results have improved in the areas described in subparagraphs (A) and (D) of section 5210(7). (2) Subgrants An eligible applicant may not receive more than 1 subgrant under this section per charter school for each grant period or renewal period. (f) Applications An eligible entity desiring to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The application shall include the following: (1) A description of the entity’s objectives in running a quality charter school program under this section and how the objectives of the program will be carried out, including— (A) a description of how the entity will— (i) support both new charter school startup and the expansion and replication of high-quality charter school models; (ii) work with charter schools to promote inclusion of all students and support all students upon enrollment to promote retention; (iii) work with charter schools on recruitment practices, including efforts to engage groups that may otherwise have limited opportunities to participate in charter schools; (iv) share best and promising practices between charter schools and other public schools; (v) ensure the charter schools the eligible entity supports can meet the educational needs of their students, including students who are children with disabilities and English language learners; and (vi) support efforts to increase quality initiatives, including meeting the quality authorizing elements described in paragraph (2)(D)(ii); (B) in the case of any eligible entity that will be awarding subgrants under subsection (b)(1)(A), a description of how the entity will— (i) inform eligible charter schools, developers, authorized public chartering agencies, and other entities of the availability of funds under the program; (ii) work with eligible applicants to ensure that the applicants access all Federal funds that they are eligible to receive, and help the charter schools supported by the applicants and the students attending the charter schools— (I) participate in the Federal programs in which the schools and students are eligible to participate; and (II) receive the commensurate share of Federal funds the schools and students are eligible to receive under such programs; (iii) ensure eligible applicants that receive a subgrant under the entity’s program are prepared to continue to operate the charter schools receiving the subgrant funds once the funds have expired; (iv) support charter schools in local educational agencies with large numbers of schools identified by the State under section 1114(a)(1)(B); and (v) carry out the subgrant competition, including— (I) a description of the application each eligible applicant desiring to receive a subgrant will submit, which application shall include— (aa) a description of the roles and responsibilities of eligible applicants, partner organizations, and charter management organizations, including the administrative and contractual roles and responsibilities; and (bb) a description of the quality controls agreed to between the eligible applicant and the authorized public chartering agency involved, such as a contract or performance agreement, and how a school’s performance on the State’s academic accountability system will be a primary factor for renewal; and (II) a description of how the entity will review applications; (C) except in the case of an eligible entity described in subsection (a)(3)(A), a description of how the entity— (i) will work with the State educational agency and the charter schools in the State to maximize charter school participation in Federal and State programs for charter schools; and (ii) will work with the State educational agency to adequately operate the entity’s program under this section, where applicable; (D) in the case of an eligible entity that is a State entity, a description of the extent to which the entity— (i) is able to meet and carry out the priorities described in subsection (g)(2); and (ii) is working to develop or strengthen a cohesive statewide system to support the opening of new charter schools, the opening of replicable, high-quality charter school models, and the expansion of high-quality charter schools; and (E) in the case of an entity that partners with an outside organization to carry out the entity’s quality charter school program, in whole or in part, a description of the roles and responsibilities of such partner. (2) Assurances, including a description of how the assurances will be met, that— (A) the eligible entity, if awarding subgrants, will— (i) consider applications from eligible charter schools, authorized public chartering agencies, charter management organizations, and other entities as applicable under State law; and (ii) provide adequate technical assistance to such eligible applicants to— (I) meet the objectives described in clauses (ii) and (iii) of paragraph (1)(A) and subparagraph (B); and (II) enroll traditionally underserved students, including students who are children with disabilities and English language learners, to promote an inclusive education environment; (B) each charter school receiving funds under the entity’s program will have a high degree of autonomy over budget and operations; (C) the entity will support charter schools in meeting the educational needs of their students as described in paragraph (1)(A)(v); and (D) in the case of an eligible entity that is a State entity— (i) the entity will ensure that the authorized public chartering agency of any charter school that receives funds under the entity’s program— (I) ensures that the charter school is meeting the obligations under this Act, part B of the Individuals with Disabilities Education Act, title VI of the Civil Rights Act of 1964, and section 504 of the Rehabilitation Act of 1973; and (II) adequately monitors and helps the schools in recruiting, enrolling, and meeting the needs of all students, including students who are children with disabilities and English language learners; and (ii) the entity will promote quality authorizing, such as through providing technical assistance, to support all authorized public chartering agencies in the State to improve the monitoring of their charter schools, including by— (I) using annual performance data, which may include graduation rates and student growth data, as appropriate, to measure the progress of their schools toward becoming high-quality charter schools; and (II) reviewing the schools’ independent, annual audits of financial statements conducted in accordance with generally accepted accounting principles, and ensuring any such audits are publically reported. (3) A request and justification for waivers of any Federal statutory or regulatory provisions that the entity believes are necessary for the successful operation of the charter schools that will receive funds under the entity’s program under this section, and a description of any State or local rules, generally applicable to public schools, that will be waived, or otherwise not apply, to such schools. (g) Selection criteria; priority (1) Selection criteria The Secretary shall award grants to eligible entities under this section on the basis of the quality of the applications submitted under subsection (f), after taking into consideration— (A) the degree of flexibility afforded by the State’s public charter school law and, in the case of an eligible entity described in subsection (a)(2)(A), how the entity will work to maximize the flexibility provided to charter schools under the law; (B) the quality of the strategy for assessing achievement of the entity’s objectives under subsection (f)(1); (C) the likelihood that the eligible entity, and any eligible applicants receiving subgrants from the eligible entity, will meet those objectives and improve educational results for students; (D) the proposed number of new charter schools to be opened, and the number of high-quality charter schools to be replicated or expanded under the program; (E) in the case of an eligible entity awarding subgrants under subsection (b)(1)(A), the entity’s plan to— (i) adequately monitor the eligible applicants receiving subgrants under the entity’s program; (ii) work with the authorized public chartering agencies involved to avoid duplication of work for the charter schools and authorized public chartering agencies; and (iii) provide adequate technical assistance, as described in the entity’s application under subsection (f), for the eligible applicants receiving subgrants under the entity’s program; and (F) the eligible entity’s plan to support quality authorizing efforts in the State, consistent with the objectives under subsection (f)(1). (2) Priority In selecting eligible entities that are State entities to receive a portion of the grants awarded under this section, the Secretary shall give priority to State entities to the extent that the entities meet the following criteria: (A) In the case in which a State entity is located in a State that allows an entity other than the State educational agency to be an authorized public chartering agency or a State in which only a local educational agency may be an authorized public chartering agency, the State has an appeals process for the denial of an application for a charter school. (B) The State entity is located in a State that ensures equitable financing, as compared to traditional public schools, for charter schools and students in a prompt manner. (C) The State entity is located in a State that uses charter schools and best practices from charter schools to help improve struggling schools and local educational agencies. (D) The State entity partners with an organization that has a demonstrated record of success in developing management organizations to support the development of charter schools in the State. (E) The State entity supports charter schools that support at-risk students through activities such as dropout prevention or dropout recovery. (h) Local uses of funds An eligible applicant receiving a subgrant under this section shall use such funds to open new charter schools, open replicable, high-quality charter school models, or expand existing high-quality charter schools, which may include the activities described in subparagraphs (A) through (E) of subsection (b)(2). (i) Reporting requirements Each eligible entity receiving a grant under this section shall submit to the Secretary, at the end of the second and third year of the grant period and at the end of any renewal period, a report that includes the following: (1) The number of students served and, if applicable, how many new students were served during each year of the grant. (2) In the case of an eligible entity awarding subgrants under subsection (b)(1)(A), the number of subgrants awarded under this section to carry out each of the following: (A) The opening of new charter schools. (B) The opening of replicable, high-quality charter school models. (C) The expansion of high-quality charter schools. (3) In the case of an eligible entity receiving a grant under subsection (b)(2), the number of new charter schools opened, the number of replicable high-quality charter school models opened, and the number of high-quality charter schools expanded under the grant. (4) In the case of a State entity described in subparagraph (A), (B), or (C) of subsection (a)(3), the progress the State entity made toward meeting the priorities described in subsection (g)(2), as applicable. (5) A description of— (A) how the entity met the objectives of the quality charter school program described in the entity’s application under subsection (f); (B) how the entity complied with, and, if applicable, ensured that eligible applicants complied with, the assurances described in the entity’s application; and (C) how the entity worked with authorized public chartering agencies, including how the agencies worked with the management company or leadership of the schools in which the subgrants were awarded, if applicable. . 404. Facilities financing assistance Section 5204 ( 20 U.S.C. 7221c 5204. Facilities financing assistance (a) Grants to eligible entities (1) In general From the amount reserved under section 5202(b)(1), the Secretary shall award not less than 3 grants to eligible entities that have applications approved under subsection (d) to demonstrate innovative methods of assisting charter schools to address the cost of acquiring, constructing, and renovating facilities by enhancing the availability of loans or bond financing. (2) Eligible entity defined In this section, the term eligible entity (A) a public entity, such as a State or local governmental entity; (B) a private nonprofit entity; or (C) a consortium of entities described in subparagraphs (A) and (B). (b) Grantee selection (1) Evaluation of application The Secretary shall evaluate each application submitted under subsection (d), and shall determine whether the application is sufficient to merit approval. (2) Distribution of grants The Secretary shall award not less than one grant to an eligible entity described in subsection (a)(2)(A), not less than one grant to an eligible entity described in subsection (a)(2)(B), and not less than one grant to an eligible entity described in subsection (a)(2)(C), if applications are submitted that permit the Secretary to do so without approving an application that is not of sufficient quality to merit approval. (c) Grant characteristics Grants under subsection (a) shall be of a sufficient size, scope, and quality so as to ensure an effective demonstration of an innovative means of enhancing credit for the financing of charter school acquisition, construction, or renovation. (d) Applications (1) In general To receive a grant under subsection (a), an eligible entity shall submit to the Secretary an application in such form as the Secretary may reasonably require. (2) Contents An application submitted under paragraph (1) shall contain— (A) a statement identifying the activities proposed to be undertaken with funds received under subsection (a), including how the eligible entity will determine which charter schools will receive assistance, and how much and what types of assistance charter schools will receive; (B) a description of the involvement of charter schools in the application’s development and the design of the proposed activities; (C) a description of the eligible entity’s expertise in capital market financing; (D) a description of how the proposed activities will leverage the maximum amount of private-sector financing capital relative to the amount of government funding used and otherwise enhance credit available to charter schools, including how the entity will offer a combination of rates and terms more favorable than the rates and terms that a charter school could receive without assistance from the entity under this section; (E) a description of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success of a charter school program for which facilities financing is sought; and (F) in the case of an application submitted by a State governmental entity, a description of the actions that the entity has taken, or will take, to ensure that charter schools within the State receive the funding the charter schools need to have adequate facilities. (e) Charter school objectives An eligible entity receiving a grant under this section shall use the funds deposited in the reserve account established under subsection (f) to assist one or more charter schools to access private sector capital to accomplish one or both of the following objectives: (1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue the operation of a charter school. (2) The construction of new facilities, including predevelopment costs, or the renovation, repair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school. (f) Reserve account (1) Use of funds To assist charter schools to accomplish the objectives described in subsection (e), an eligible entity receiving a grant under subsection (a) shall, in accordance with State and local law, directly or indirectly, alone or in collaboration with others, deposit the funds received under subsection (a) (other than funds used for administrative costs in accordance with subsection (g)) in a reserve account established and maintained by the eligible entity for this purpose. Amounts deposited in such account shall be used by the eligible entity for one or more of the following purposes: (A) Guaranteeing, insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests therein, the proceeds of which are used for an objective described in subsection (e). (B) Guaranteeing and insuring leases of personal and real property for an objective described in such subsection. (C) Facilitating financing by identifying potential lending sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of, charter schools. (D) Facilitating the issuance of bonds by charter schools, or by other public entities for the benefit of charter schools, by providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue). (2) Investment Funds received under this section and deposited in the reserve account established under paragraph (1) shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities. (3) Reinvestment of earnings Any earnings on funds received under subsection (a) shall be deposited in the reserve account established under paragraph (1) and used in accordance with such subsection. (g) Limitation on administrative costs An eligible entity may use not more than 2.5 percent of the funds received under subsection (a) for the administrative costs of carrying out its responsibilities under this section (excluding subsection (k)). (h) Audits and reports (1) Financial record maintenance and audit The financial records of each eligible entity receiving a grant under subsection (a) shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an independent public accountant. (2) Reports (A) Grantee annual reports Each eligible entity receiving a grant under subsection (a) annually shall submit to the Secretary a report of the entity’s operations and activities under this section. (B) Contents Each annual report submitted under subparagraph (A) shall include— (i) a copy of the most recent financial statements, and any accompanying opinion on such statements, prepared by the independent public accountant reviewing the financial records of the eligible entity; (ii) a copy of any report made on an audit of the financial records of the eligible entity that was conducted under paragraph (1) during the reporting period; (iii) an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under subsection (a) in leveraging private funds; (iv) a listing and description of the charter schools served during the reporting period, including the amount of funds used by each school, the type of project facilitated by the grant, and the type of assistance provided to the charter schools; (v) a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in subsection (e); and (vi) a description of the characteristics of lenders and other financial institutions participating in the activities undertaken by the eligible entity under this section (excluding subsection (k)) during the reporting period. (C) Secretarial report The Secretary shall review the reports submitted under subparagraph (A) and shall provide a comprehensive annual report to Congress on the activities conducted under this section (excluding subsection (k)). (i) No full faith and credit for grantee obligation No financial obligation of an eligible entity entered into pursuant to this section (such as an obligation under a guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit of the United States is not pledged to the payment of funds which may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this section. (j) Recovery of funds (1) In general The Secretary, in accordance with chapter 37 (A) all of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines, not earlier than 2 years after the date on which the eligible entity first received funds under this section (excluding subsection (k)), that the eligible entity has failed to make substantial progress in carrying out the purposes described in subsection (f)(1); or (B) all or a portion of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such account to accomplish any purpose described in such subsection. (2) Exercise of authority The Secretary shall not exercise the authority provided in paragraph (1) to collect from any eligible entity any funds that are being properly used to achieve one or more of the purposes described in subsection (f)(1). (3) Procedures The provisions of sections 451, 452, and 458 of the General Education Provisions Act shall apply to the recovery of funds under paragraph (1). (4) Construction This subsection shall not be construed to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act. (k) Per-Pupil facilities aid program (1) Definition of per-pupil facilities aid program In this subsection, the term per-pupil facilities aid program (A) that is dedicated solely for funding charter school facilities; or (B) a portion of which is dedicated for funding charter school facilities. (2) Grants (A) In general From the amount reserved under section 5202(b)(1) and remaining after the Secretary makes grants under subsection (a), the Secretary shall make grants, on a competitive basis, to States to pay for the Federal share of the cost of establishing or enhancing, and administering, per-pupil facilities aid programs. (B) Period The Secretary shall award grants under this subsection for periods of not more than 5 years. (C) Federal share The Federal share of the cost described in subparagraph (A) for a per-pupil facilities aid program shall be not more than— (i) 90 percent of the cost, for the first fiscal year for which the program receives assistance under this subsection; (ii) 80 percent for the second such year; (iii) 60 percent for the third such year; (iv) 40 percent for the fourth such year; and (v) 20 percent for the fifth such year. (D) State share A State receiving a grant under this subsection may partner with 1 or more organizations to provide up to 50 percent of the State share of the cost of establishing or enhancing, and administering, the per-pupil facilities aid program. (E) Multiple grants A State may receive more than 1 grant under this subsection, so long as the amount of such grant funds provided to charter schools increases with each successive grant. (3) Use of funds (A) In general A State that receives a grant under this subsection shall use the funds made available through the grant to establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State of the applicant. (B) Evaluations; technical assistance; dissemination From the amount made available to a State through a grant under this subsection for a fiscal year, the State may reserve not more than 5 percent to carry out evaluations, to provide technical assistance, and to disseminate information. (C) Supplement, not supplant Funds made available under this subsection shall be used to supplement, and not supplant, State and local public funds expended to provide per-pupil facilities aid programs, operations financing programs, or other programs, for charter schools. (4) Requirements (A) Voluntary participation No State may be required to participate in a program carried out under this subsection. (B) State law (i) In general To be eligible to receive a grant under this subsection, a State shall establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State, that— (I) is specified in State law; and (II) provides annual financing, on a per-pupil basis, for charter school facilities. (ii) Special rule A State that is required under State law to provide its charter schools with access to adequate facility space may be eligible to receive a grant under this subsection if the State agrees to use the funds to develop a per-pupil facilities aid program consistent with the requirements of this subsection. (5) Applications To be eligible to receive a grant under this subsection, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. . 405. National activities Section 5205 (20 U.S.C. 7221d) is amended to read as follows: 5205. National activities (a) In general From the amount reserved under section 5202(b)(2), the Secretary shall— (1) use not less than 50 percent of such funds to award grants in accordance with subsection (b); and (2) use the remainder of such funds to— (A) disseminate technical assistance to State entities in awarding subgrants under section 5203(b)(1)(A); (B) disseminate best practices regarding public charter schools; and (C) evaluate the impact of the charter school program, including the impact on student achievement, carried out under this subpart. (b) Grants (1) In general From the amounts described in subsection (a)(1), the Secretary shall make grants, on a competitive basis, to eligible applicants for the purpose of carrying out the activities described in section 5202(a)(1) and section 5203(b). (2) Terms and conditions Except as otherwise provided in this subsection, grants awarded under this subsection shall have the same terms and conditions as grants awarded under section 5203. (3) Eligible applicant defined For purposes of this subsection, the term eligible applicant (A) did not apply for a grant under section 5203; (B) did not receive a grant under section 5203; or (C) received a grant under section 5203 and is in the fourth or fifth year of the grant period for such grant. (c) Contracts and grants The Secretary may carry out any of the activities described in this section directly or through grants, contracts, or cooperative agreements. . 406. Records transfer Section 5208 (20 U.S.C. 7221g) is amended by inserting as quickly as possible and to the extent practicable 407. Definitions Section 5210 ( 20 U.S.C. 7221i (1) in paragraph (1)— (A) in subparagraph (K), by striking and (B) in subparagraph (L), by striking the period at the end and inserting ; and (C) by adding at the end, the following: (M) may serve prekindergarten or postsecondary students. ; (2) in paragraph (3), by striking under section 5203(d)(3) (3) by adding at the end the following: (5) Charter support organization The term charter support organization (6) Expansion of a high-quality charter school The term expansion of a high-quality charter school (7) High-quality charter school The term high-quality charter school (A) shows evidence of strong academic results; (B) has no significant issues in the areas of student safety, financial management, or statutory or regulatory compliance; (C) has demonstrated success in significantly increasing student academic achievement and attainment for all students served by charter schools; and (D) has demonstrated success in increasing student academic achievement for the subgroups of students described in section 1111(b)(2)(B)(viii). (8) Replicable, high-quality charter school model The term replicable, high-quality charter school model . 408. Authorization of appropriations Section 5211 ( 20 U.S.C. 7221j 5211. Authorization of appropriations There are authorized to be appropriated to carry out this subpart $241,507,000 for each of fiscal years 2014 through 2018. . 409. General provisions Title V (20 U.S.C. 7201 et seq.) is amended by— (1) striking part A; (2) striking subparts 2 and 3 of part B; (3) striking part D; (4) in part B, by striking Subpart 1—Charter School Programs (5) by redesignating part B as part A; and (6) by redesignating part C as part B. V State innovation and flexibility 501. Purposes The purposes of this title are to— (1) support State, local, and tribal leadership and innovation in preparing all students to meet State-developed academic content standards and student academic achievement standards; (2) establish a process to permit State, local, and tribal educational leaders to implement alternative and innovative strategies to improve academic achievement for all students and otherwise meet the purposes of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (3) provide States and local educational agencies with maximum flexibility in using Federal funds provided under this Act; and (4) direct the Secretary of Education to defer to State, local, and tribal judgments regarding how best to accomplish the purposes of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. 502. Transferability of funds Section 6123 (20 U.S.C. 7305b) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking not more than 50 percent of the nonadministrative State funds all, or any lesser amount, of State funds (ii) by striking subparagraphs (A) through (D) and inserting the following: (A) Any provision of title II. (B) Any provision of title IV. ; and (B) in paragraph (2), by striking and subject to the 50 percent limitation described in paragraph (1) (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), by striking (except subparagraph (C)) may transfer all, or any lesser amount, of the funds allocated to it (ii) by striking subparagraph (B); (iii) by redesignating subparagraph (C) as subparagraph (B); and (iv) in subparagraph (B), as redesignated by clause (iii), by striking and subject to the percentage limitation described in subparagraph (A) or (B), as applicable (B) in paragraph (2)— (i) by striking subparagraph (A), (B), or (C) subparagraph (A) or (B) (ii) by striking subparagraphs (A) through (D) and inserting the following: (A) Any provision of title II. (B) Any provision of title IV. . 503. Waivers of statutory and regulatory requirements Section 9401 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7861 (1) by striking subsection (a) and inserting the following: (a) In general (1) Request for waiver A State educational agency, local educational agency (through a State educational agency), or Indian tribe that receives funds under a program authorized under this Act may submit a request to the Secretary to waive any statutory or regulatory requirement of this Act. (2) Receipt of waiver Except as provided in subsection (c), the Secretary shall waive any statutory or regulatory requirement of this Act for a State educational agency, local educational agency, Indian tribe, or school (through a local educational agency), that submits a waiver request pursuant to this subsection. ; (2) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by inserting , which shall include a plan waiver request to the Secretary (ii) in subparagraph (B), by striking and how the waiving of those requirements will (iii) by redesignating subparagraph (E) as subparagraph (F); and (iv) by striking subparagraphs (C) and (D), and inserting the following: (C) describes the methods the State educational agency, local educational agency, or Indian tribe will use to— (i) monitor the effectiveness of the implementation of the plan; and (ii) assure regular evaluation and continuous improvement of the plan; (D) as applicable to the waiver request, includes information on how the State educational agency, local educational agency, or Indian tribe will maintain and improve transparency in reporting to parents and the public on student achievement and school performance, including the achievement of students according to the student subgroups described in subclauses (I) through (IV) of section 1111(b)(2)(B)(viii); and ; (B) in paragraph (2)(B)(i)(II), by striking (on behalf of, and based on the requests of, local educational agencies) (on their own behalf, or on behalf of, and based on the requests of, local educational agencies in the State) (C) in paragraph (3)— (i) in subparagraph (A), in the matter preceding clause (i), by inserting or on behalf of local educational agencies in the State, acting on its own behalf, (ii) in subparagraph (B), by striking reviewed by the State educational agency reviewed and approved by the State educational agency before being submitted to the Secretary (D) by adding at the end the following: (4) Waiver determination, demonstration, and revision (A) In general The Secretary shall approve a waiver request not more than 90 days after the date on which such request is submitted, unless the Secretary determines and demonstrates that— (i) the waiver request does not meet the requirements of this section; and (ii) the waiver is not permitted under subsection (c). (B) Waiver determination and revision If the Secretary determines and demonstrates that the waiver request does not meet the requirements of this section, the Secretary shall— (i) immediately— (I) notify the State educational agency, local educational agency, or Indian tribe of such determination; and (II) at the request of the State educational agency, local educational agency, or Indian tribe, provide detailed reasons for such determination in writing; (ii) offer the State educational agency, local educational agency, or Indian tribe an opportunity to revise and resubmit the waiver request not more than 60 days after the date of such determination; and (iii) if the Secretary determines that the resubmission does not meet the requirements of this section, at the request of the State educational agency, local educational agency, or Indian tribe, conduct a public hearing not more than 30 days after the date of such resubmission. (C) Waiver disapproval The Secretary may disapprove a waiver request if— (i) the State educational agency, local educational agency, or Indian tribe has been notified and offered an opportunity to revise and resubmit the waiver request, as described under clauses (i) and (ii) of subparagraph (B); and (ii) the State educational agency, local educational agency, or Indian tribe— (I) does not revise and resubmit the waiver request; or (II) revises and resubmits the waiver request, and the Secretary determines that such waiver request does not meet the requirements of this section after a hearing conducted under subparagraph (B)(iii). (D) External conditions The Secretary shall not disapprove a waiver request under this section based on conditions outside the scope of the waiver request. ; (3) in subsection (c), by striking paragraph (2) and redesignating paragraphs (3), (4), (5), (6), (7), (8), (9), and (10) as paragraphs (2), (3), (4), (5), (6), (7), (8), and (9); (4) in subsection (d)— (A) in the heading, by adding ; Limitations Duration and Extension of Waiver (B) by adding at the end the following: (3) Specific limitations The Secretary shall not place any requirements on a State educational agency, local educational agency, or Indian tribe, as a condition of approval of a waiver request. ; (5) by striking subsection (e) and inserting the following: (e) Reports A State educational agency, local educational agency, and Indian Tribe receiving a waiver under this section shall describe, as part of, and pursuant to, the required annual reporting under section 1111(e), the progress of schools covered under the provisions of such waiver toward increasing academic achievement. ; and (6) in subsection (f), by inserting and the recipient of the waiver has failed to make revisions needed to carry out the purpose of the waiver, has been inadequate to justify a continuation of the waiver 504. Maintenance of effort Section 9521 (20 U.S.C. 7901) is repealed. 505. Plan approval process Title IX (20 U.S.C. 7801 et seq.) is amended by adding at the end the following: G Approval and disapproval of State plans and local applications 9701. Approval and disapproval of State plans (a) Deemed approval A plan submitted by a State pursuant to section 2104(d) or section 4103(d) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the plan, that the plan is not in compliance with section 2104(d) or section 4103(d), as applicable. (b) Disapproval process (1) In general The Secretary shall not finally disapprove a plan submitted under section 2104(d) or section 4103(d), except after giving the State educational agency notice and an opportunity for a hearing. (2) Notification If the Secretary finds that the plan is not in compliance, in whole or in part, with section 2104(d) or section 4103(d), as applicable, the Secretary shall— (A) give the State educational agency notice and an opportunity for a hearing; and (B) notify the State educational agency of the finding of noncompliance and, in such notification, shall— (i) cite the specific provisions in the plan that are not in compliance; and (ii) request additional information, only as to the noncompliant provisions, needed to make the plan compliant. (3) Response If the State educational agency responds to the Secretary’s notification described in paragraph (2)(B) during the 45-day period beginning on the date on which the State educational agency received the notification, and resubmits the plan with the requested information described in paragraph (2)(B)(ii), the Secretary shall approve or disapprove such plan prior to the later of— (A) the expiration of the 45-day period beginning on the date on which the plan is resubmitted; or (B) the expiration of the 120-day period described in subsection (a). (4) Failure to respond If the State educational agency does not respond to the Secretary’s notification described in paragraph (2)(B) during the 45-day period beginning on the date on which the State educational agency received the notification, such plan shall be deemed to be disapproved. 9702. Approval and disapproval of local educational agency applications (a) Deemed approval An application submitted by a local educational agency pursuant to section 2105(b) or section 4104(b) shall be deemed to be approved by the State educational agency unless the State educational agency makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the State educational agency received the application, that the application is not in compliance with section 2105(b) or section 4104(b), as applicable. (b) Disapproval process (1) In general The State educational agency shall not finally disapprove an application submitted under section 2105(b) or section 4104(b), except after giving the local educational agency notice and opportunity for a hearing. (2) Notification If the State educational agency finds that the application is not in compliance, in whole or in part, with section 2105(b) or section 4104(b), as applicable, the State educational agency shall— (A) give the local educational agency notice and an opportunity for a hearing; and (B) notify the local educational agency of the finding of noncompliance, and in such notification, shall— (i) cite the specific provisions in the application that are not in compliance; and (ii) request additional information, only as to the noncompliant provisions, needed to make the application compliant. (3) Response If the local educational agency responds to the State educational agency’s notification described in paragraph (2)(B) during the 45-day period beginning on the date on which the local educational agency received the notification, and resubmits the application with the requested information described in paragraph (2)(B)(ii), the State educational agency shall approve or disapprove such application prior to the later of— (A) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or (B) the expiration of the 120-day period described in subsection (a). (4) Failure to respond If the local educational agency does not respond to the State educational agency’s notification described in paragraph (2)(B) during the 45-day period beginning on the date on which the local educational agency received the notification, such application shall be deemed to be disapproved. . VI Extensions of authorizations 601. English learners and immigrant students Section 3001 ( 20 U.S.C. 6801 $750,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. $693,848,000 for each of fiscal years 2014 through 2018. 602. Magnet school assistance Section 5311 (20 U.S.C. 7231j) is amended by striking $125,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. $91,647,000 for each of fiscal years 2014 through 2018. 603. Rural education achievement program Section 6234 ( 20 U.S.C. 7355c $300,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years $169,840,000 for each of fiscal years 2014 through 2018 604. Indian, Native Hawaiian, and Alaska Native Education (a) Grants to local educational agencies and tribes Section 7152 ( 20 U.S.C. 7492 7152. Authorizations of appropriations (a) Subpart 1 For the purpose of carrying out subpart 1, there are authorized to be appropriated $100,381,000 for each of fiscal years 2014 through 2018. (b) Subpart 2 For the purpose of carrying out subpart 2, there are authorized to be appropriated $17,993,000 for each of fiscal years 2014 through 2018. (c) Subpart 3 For the purpose of carrying out subpart 3, there are authorized to be appropriated $5,565,000 for each of fiscal years 2014 through 2018. . (b) Native Hawaiian education Section 7205(c) ( 20 U.S.C. 7515(c) (1) by striking paragraph (1) and inserting the following: (1) In general There are authorized to be appropriated to carry out this section and section 7204 $32,397,000 for each of fiscal years 2014 through 2018. ; and (2) in paragraph (2), by striking for fiscal year 2002 and each of the 5 succeeding fiscal years for fiscal years 2014 through 2018 (c) Alaska Native education Section 7304(d)(1) ( 20 U.S.C. 7544(d)(1) such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years. $31,453,000 for each of fiscal years 2014 through 2108. 605. Impact aid Section 8014 (20 U.S.C. 7714) is amended— (1) in subsection (a), by striking $32,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years. $63,445,000 for each of fiscal years 2014 through 2018. (2) in subsection (b), by striking $809,400,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years. $1,093,203,000 for each of fiscal years 2014 through 2018. (3) in subsection (c), by striking $50,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years. $45,881,000 for each of fiscal years 2014 through 2018. (4) in subsection (e), by striking $10,052,000 for fiscal year 2000 and such sums as may be necessary for fiscal year 2001, $150,000,000 for fiscal year 2002, and such sums as may be necessary for each of the five succeeding fiscal years. $16,529,000 for each of fiscal years 2014 through 2018. (5) in subsection (f), by striking $5,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years. $4,591,000 for each of fiscal years 2014 through 2018. 606. McKinney-Vento Homeless Assistance Section 726 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11435 $100,000,000 for fiscal year 2009 and such sums as may be necessary for each subsequent fiscal year. $61,771,000 for each of fiscal years 2014 through 2018.

Every Child Ready for College or Career Act of 2013

Export-Import Bank Termination Act - Abolishes the Export-Import Bank of the United States three years after enactment of this Act.

To abolish the Export-Import Bank of the United States, and for other purposes. 1. Short title This Act may be cited as the Export-Import Bank Termination Act 2. Findings Congress makes the following findings: (1) Export subsidies provide advantages to specific industries or businesses at the expense of their domestic competition, other sectors of the economy of the United States, and the people of the United States. (2) Banks and other financial institutions that provide trade facilitation credit also profit from export subsidies such as loan guarantees and trade insurance. (3) International trade finance is well developed and supplied by the private sector at competitive rates that reflect market conditions. (4) The Export-Import Bank of the United States is an agency of the United States Government that subsidizes exports by insuring or guaranteeing trade facilitation loans and other credit from private financial institutions and by providing direct loans to exporters in the United States. (5) Export subsidies impose risks on the taxpayers of the United States. (6) In a June 2012 report, the Congressional Budget Office found, using accurate, fair value estimation, that the expected return of the Export-Import Bank of the United States was less than 1/10 (7) Recent years have revealed other safe (8) The Export-Import Bank of the United States claims to serve small businesses primarily but most of its financing subsidizes exports of large multinational corporations. 3. Reductions of authorities before abolishment (a) Termination of authority To accept applications for assistance Notwithstanding any other provision of law, the Export-Import Bank of the United States (in this Act referred to as the Bank (b) Termination of authority To renew or enter into a contract for the provision of assistance by the Bank Notwithstanding any other provision of law, the Bank may not renew or enter into a contract that obligates the Bank to provide a loan, insurance, or a guarantee, or to participate in an extension of credit by another entity after the 12-month period that begins on the date of the enactment of this Act. 4. Abolishment of Export-Import Bank of the United States (a) Abolishment The Bank is abolished on the date that is 3 years after the date of the enactment of this Act (in this Act referred to as the abolishment date (b) Repeal of statutory authority Effective on the abolishment date, the Export-Import Bank Act of 1945 ( 12 U.S.C. 635 et seq. 5. Transfer authorities (a) Transfer of functions (1) In general All functions that are authorized to be performed by the Bank, the Board of Directors of the Bank, any officer or employee of the Bank acting in that capacity, or any agency or office of the Bank on the day before the abolishment date are transferred to the Secretary on the abolishment date. (2) Inspector general duties (A) Termination of the Office of Inspector General for the Export-Import Bank of the United States Notwithstanding any other provision of law, the Office of Inspector General for the Bank shall terminate on the abolishment date, and the assets and obligations of the Office shall be transferred to the Office of the Inspector General for the Department of the Treasury or otherwise disposed of as the Secretary determines to be appropriate. (B) Savings provision (i) In general The provisions of this section shall not affect the performance of any pending audit, investigation, inspection, or report by the Office of the Inspector General for the Bank as of the abolishment date, with respect to functions transferred by this section. (ii) Modification of performance Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any performance under the same terms and conditions and to the same extent that performance could have been discontinued or modified if this section had not been enacted. (3) Performance of transferred functions (A) In general Except as otherwise provided by law, a Federal official to whom a function is transferred by this subsection may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the abolishment date. (B) Delegation and assignment (i) In general Except as otherwise expressly prohibited by law, a Federal official to whom a function is transferred by this subsection (including the head of any office to which functions are transferred by this subsection) may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. (ii) Ultimate responsibility No delegation of functions under this subparagraph or under any other provision of this Act shall relieve the official to whom a function is transferred under this Act of responsibility for the administration of the function. (4) Authority of the Secretary with respect to transferred functions (A) Determinations If necessary, the Secretary shall make any determination of the functions that are transferred under this subsection. (B) Incidental transfers The Secretary, at such time or times as the Secretary shall provide, may make such determinations as may be necessary with regard to the functions transferred by this subsection, and make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this Act. (b) Transfer of personnel All individuals who were officers or employees of the Bank immediately before the abolishment date and performed functions that are transferred to the Secretary under subsection (a) are transferred to the Department of the Treasury on the abolishment date (other than members of the Board of Directors of the Bank). (c) Transfer of assets Except as otherwise provided in this Act, so much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to an official or agency by this Act shall be available to the official or the head of that agency, respectively, at such time or times as the Director of the Office of Management and Budget directs for use in connection with the functions transferred. 6. Resolution and termination of Bank functions (a) Resolution of functions The Secretary shall— (1) complete the disposition and resolution of the functions of the Bank in accordance with this Act; and (2) resolve all functions that are transferred to the Secretary under section 5(a). (b) Termination of functions All functions that are transferred to the Secretary under section 5(a) shall terminate on the date all obligations of the Bank, and all obligations of others to the Bank, in effect immediately before the abolishment date, have been satisfied, as determined by the Secretary. (c) Report to Congress When the Secretary makes the determination described in subsection (b), the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the determination. 7. Duties of the Secretary (a) In general The Secretary shall be responsible for the implementation of this Act as follows: (1) The administration and wind-up of all functions transferred to the Secretary under section 5(a). (2) The administration and wind-up of any outstanding obligations of the Federal Government under any programs terminated by this Act. (3) Other actions as may be necessary to wind-up any outstanding affairs of the Bank. (b) Delegation of functions The Secretary may delegate to the head of any other Federal department or agency the performance of the functions of the Secretary under this Act to the extent that the Secretary determines that the delegation would further the purposes of this Act. (c) Transfer of assets and personnel In connection with any delegation of functions under subsection (b), the Secretary may transfer to the department or agency concerned such assets, funds, personnel, records, and other property relating to the delegated function as the Secretary determines to be appropriate. (d) Authorities of the Secretary For purposes of performing the functions of the Secretary under this Act and subject to the availability of appropriations, the Secretary may— (1) enter into contracts; (2) employ experts and consultants in accordance with section 3109 (3) utilize, on a reimbursable basis, the services, facilities, and personnel of other Federal agencies. 8. Savings provisions (a) Legal documents (1) In general All legal documents specified in paragraph (2) shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law if such legal documents— (A) have been issued, made, granted, or allowed to become effective by the President, the Bank, any officer or employee of any office transferred by this Act, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act; and (B) are in effect on the abolishment date (or become effective after such date pursuant to their terms as in effect on such effective date). (2) Legal documents specified The legal documents specified in this paragraph are orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges. (b) Proceedings (1) In general This Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of the enactment of this Act before an office transferred by this Act. (2) Issuance of orders Orders shall be issued in such proceedings, appeals shall be taken, and payments shall be made pursuant to such orders as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. (3) Modification of proceedings Nothing in this subsection shall be considered to prohibit the discontinuance or modification of any proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (c) Actions (1) In general This Act shall not affect any civil or criminal action commenced before the date of the enactment of this Act. (2) Continue as if not enacted In all such actions, proceedings shall be had, appeals shall be taken, and judgments shall be rendered in the same manner and with the same effect as if this Act had not been enacted. (d) Nonabatement of actions No action or other proceeding commenced by or against an office transferred by this Act, or by or against any individual in the official capacity of such individual as an officer or employee of such an office, shall abate by reason of the enactment of this Act. (e) Continuance of actions If any Government officer in the official capacity of such officer is party to an action with respect to a function of the officer, and under this Act such function is transferred to any other officer or office, then such action shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (f) Administrative procedure and judicial review Except as otherwise provided by this Act, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this Act shall apply to the exercise of such function by the head of the Federal agency, and other officers of the agency, to which such function is transferred by this Act. 9. Availability of existing funds Existing appropriations and funds available for the performance of functions, programs, and activities terminated pursuant to this Act shall remain available, for the duration of their period of availability, for necessary expenses in connection with the termination and resolution of such functions, programs, and activities. 10. Conforming amendments (a) Elimination of related authorizing provisions (1) Section 103 of the International Development and Finance Act of 1989 ( Public Law 101–240 (2) Section 303 of the Support for East European Democracy (SEED) Act of 1989 ( Public Law 101–179 (3) The Export-Import Bank Act Amendments of 1978 ( Public Law 95–630 (A) in section 1908 ( 12 U.S.C. 635a–1 (i) in subsection (a), by striking (a) (ii) by striking subsection (b); (B) by repealing section 1911 (12 U.S.C. 635a–2); and (C) by repealing section 1912 (12 U.S.C. 635a–3). (4) Section 206 of the Bank Export Services Act ( 12 U.S.C. 635a–4 (5) Sections 1 through 5 of Public Law 90–390 (6) Sections 641 through 647 of the Trade and Development Enhancement Act of 1983 (12 U.S.C. 635o–635t) are repealed. (7) Section 534 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 ( Public Law 101–167 12 U.S.C. 635g (8) Section 3302 of the Omnibus Trade and Competitiveness Act of 1988 ( Public Law 100–418 (9) Section 1105(a) of title 31, United States Code, is amended by striking paragraph (34) and redesignating the succeeding paragraphs of such section as paragraphs (34) through (38), respectively. (10) Section 9101(3) of title 31, United States Code, is amended by striking subparagraph (C). (b) Elimination of related compensation provisions (1) Position at Level III Section 5314 of title 5, United States Code, is amended by striking the following item: President of the Export-Import Bank of Washington. . (2) Positions at Level IV Section 5315 (A) by striking the following item: First Vice President of the Export-Import Bank of Washington. ; and (B) by striking the following item: Members, Board of Directors of the Export-Import Bank of Washington. . (c) Elimination of office of inspector general for the bank Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (1), by striking the President of the Export-Import Bank; (2) in paragraph (2), by striking the Export-Import Bank, (d) Effective date The repeals and amendments made by this section shall take effect on the abolishment date. (e) Report to Congress on other amendments to Federal statute The Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a written report that contains suggestions for such other amendments to Federal statutes as may be necessary or appropriate as a result of this Act. 11. References Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department or office from which a function is transferred by this Act— (1) to the head of such department or office is deemed to refer to the head of the department or office to which the function is transferred; or (2) to such department or office is deemed to refer to the department or office to which the function is transferred. 12. Definitions In this Act: (1) Function The term function (2) Office The term office (3) Secretary The term Secretary

Export-Import Bank Termination Act

LNG Excise Tax Equalization Act of 2013 - Amends the Internal Revenue Code to adjust the excise tax on liquefied natural gas to 24.3 cents per energy equivalent of a gallon of diesel.

To amend the Internal Revenue Code of 1986 to provide for the equalization of the excise tax on liquefied natural gas and per energy equivalent of diesel. 1. Short title This Act may be cited as the LNG Excise Tax Equalization Act of 2013 2. Findings The Congress finds the following: (1) Liquefied natural gas has an energy content of 74,700 Btu per gallon (lower heating value). (2) Diesel has an energy content of 128,700 Btu per gallon (lower heating value). (3) A gallon of liquefied natural gas only produces 58.04 percent of the energy produced from a gallon of diesel; however, the Federal excise taxes on liquefied natural gas and diesel are both 24.3 cents per gallon. (4) The Federal excise tax on compressed natural gas is 18.3 cents per energy equivalent of a gallon of gasoline. 3. Equalization of excise tax on liquefied natural gas and per energy equivalent of diesel (a) In general Subparagraph (B) of section 4041(a)(2) of the Internal Revenue Code of 1986 is amended by striking the period at the end of clause (ii) and inserting , and (iii) in the case of liquefied natural gas, 24.3 cents per energy equivalent of a gallon of diesel. . (b) Energy equivalent of a gallon of diesel and administrative provision Paragraph (2) of section 4041(a) of such Code is amended by adding at the end the following: (C) Energy equivalent of a gallon of diesel For purposes of this paragraph, the term energy equivalent of a gallon of diesel (D) Administrative provisions For purposes of applying this title with respect to the taxes imposed by this subsection, references to any liquid subject to tax under this subsection shall be treated as including references to liquefied natural gas subject to tax under this paragraph. . (c) Conforming amendments Section 4041(a)(2)(B)(ii) of such Code is amended— (1) by striking liquefied natural gas, (2) by striking peat), and peat) and (d) Effective date The amendments made by this section shall apply to any sale or use of liquefied natural gas after 14 days after the date of the enactment of this Act.

LNG Excise Tax Equalization Act of 2013

(This measure has not been amended since it was reported to the Senate on June 26, 2014. The summary of that version is repeated here.) Assessing Progress in Haiti Act of 2014 - Expresses the sense of Congress that transparency, accountability, democracy, and good governance are integral factors in any congressional decision regarding U.S. assistance, including assistance to Haiti. Directs the Secretary of State to report to Congress annually through December 31, 2017, on the status of post-earthquake recovery and development efforts in Haiti. Directs the Secretary, through the Assistant Secretary of State for Western Hemisphere Affairs, to coordinate and transmit to Congress a three-year Haiti strategy that: (1) identifies constraints to economic growth and to consolidation of democratic government institutions; (2) includes an action plan that outlines policy tools, technical assistance, and resources for addressing the highest-priority constraints; and (3) identifies specific steps and benchmarks to provide direct bilateral assistance to the government of Haiti.

To measure the progress of recovery and development efforts in Haiti following the earthquake of January 12, 2010, and for other purposes. 1. Short title This Act may be cited as the Assessing Progress in Haiti Act 2. Findings Congress makes the following findings: (1) According to the Government of Haiti, more than 316,000 people died as a result of the earthquake that struck 15 miles southwest of Port-au-Prince on January 12, 2010, including 103 citizens of the United States and more than 100 United Nations personnel. (2) According to the United Nations and the International Organization for Migration, an estimated 3,000,000 people were directly affected by the disaster, and more than 2,100,000 people were displaced from their homes. (3) The Post Disaster Needs Assessment conducted by the Government of Haiti, the United Nations, the World Bank, the Inter-American Development Bank, and others estimated that damage and economic losses totaled $7,804,000,000, approximately 120 percent of Haiti’s gross domestic product in 2009. (4) The initial emergency response of the men and women of the United States Government, led by the United States Agency for International Development and the United States Southern Command, as well as of cities, towns, individuals, businesses, and philanthropic organizations across the United States, was swift and resolute. (5) According to the Government of Haiti, numerous multilateral agencies such as the United Nations, and international nongovernmental organizations, Haiti faces an ongoing food crisis as a result of the earthquake and subsequent damage caused by tropical storms and hurricanes, as well as long-term neglect of the agriculture sector. (6) According to the International Organization for Migration, approximately 320,000 people remain in spontaneous and organized camps in Haiti, and reports by the General Accountability Office, the Inspector General for the United States Agency for International Development, and civil society organizations indicate that the pace of recovery and development has lagged significantly behind the emergency relief phase. (7) On October 21, 2010, an outbreak of cholera was detected and according to the Haitian Ministry of Public Health and Population, as of February 17, 2013, more than 8,000 people had died from cholera and more than 647,500 had been infected with the disease. (8) The United Nations Office of the Special Envoy for Haiti estimates that, including donor pledges and other support, approximately $6,400,000,000 has been disbursed, with an additional amount of $3,800,000,000 committed, to assist in Haiti’s recovery and development. (9) The United States Government has appropriated approximately $3,600,000,000 for relief, recovery, and development in Haiti since the earthquake, of which $2,600,000,000 had been disbursed as of March 2013. The United States Government has also provided more than $95,000,000 in aid to combat the cholera epidemic and care for the victims. (10) Significant challenges remain in Haiti, which will require continued recovery and development aid from the international community for the foreseeable future. (11) The Haitian diaspora has also played an essential role in Haiti’s reconstruction, and the United States Government should take steps to increase outreach and encourage participation by Haitian Americans in recovery and development activities in Haiti. 3. Report (a) Report required Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the status of post-earthquake recovery and development efforts in Haiti, including efforts to prevent the spread of cholera and treat persons infected with the disease. (b) Content The report required by subsection (a) shall include the following elements: (1) An assessment of the progress of recovery and development efforts, as embodied in the Haiti Rebuilding and Development Strategy, compared to what remains to be achieved to meet specific goals, including— (A) the amount of funds disbursed and any significant changes to the Strategy since January 2010, with an explanation of such changes; (B) the amounts obligated and expended on United States Government programs and activities since January 2010 to implement the Strategy, including award data on the use of implementing partners at the prime level and at the subprime level of $25,000 and above, and disbursement data from prime implementing partners; and (C) a description of goals and quantitative and qualitative indicators to evaluate the progress, achievement, or lack of achievement of such goals, within specific time frames, that comprise the Strategy at the program level. (2) An assessment of the manner in which the Department of State and the United States Agency for International Development are working with ministries and local authorities in Haiti, including the extent to which the Government of Haiti has been consulted on the establishment of goals and time frames and on the design and implementation of new programs under the Strategy. (3) An assessment of the extent to which civil society and grassroots organizations in Haiti have been consulted on the establishment of goals and time frames and on the design and implementation of new programs under the Strategy. (4) An assessment of efforts to increase the involvement of the private sector in Haiti in recovery and development activities. (5) An assessment of how consideration for vulnerable populations, including internally displaced persons, women, children, orphans, and persons with disabilities, have been incorporated in the design and implementation of new programs and infrastructure. (6) An assessment of how agriculture and infrastructure programs are impacting food security and the livelihoods of smallholder farmers in Haiti. (7) An assessment of recovery and development coordination among United States Government agencies and between the United States Government and other donors. (8) A description of the United States Government’s efforts, including diplomatic efforts, to help abate the cholera epidemic in Haiti, in coordination with the Government of Haiti, the United Nations, and other relevant entities. (9) A description of mechanisms for communicating the progress of recovery and development efforts to people in Haiti. (10) An assessment of the steps the Government of Haiti is taking to strengthen its capacity to receive individuals who are removed, excluded, or deported from the United States. (c) Use of previously appropriated funds Funding for the report required under subsection (a) shall be made available from existing funds appropriated to the Department of State and the United States Agency for International Development for assistance to Haiti, and shall not exceed $75,000. 1. Short title This Act may be cited as the Assessing Progress in Haiti Act of 2014 2. Findings Congress makes the following findings: (1) On January 12, 2010, a massive earthquake struck near the Haitian capital city of Port-au-Prince, leaving an estimated 220,000 people dead, including 103 United States citizens, 101 United Nations personnel, and nearly 18 percent of the nation’s civil service, as well as 300,000 injured, 115,000 homes destroyed, and 1,500,000 people displaced. (2) According to the Post Disaster Needs Assessment conducted by the Government of Haiti, with technical assistance from the United Nations, the World Bank, the Inter-American Development Bank, the Economic Commission for Latin America and the Caribbean, and the European Commission, an estimated 15 percent of the population was directly affected by the disaster and related damages and economic losses totaled $7,804,000,000. (3) Even before the earthquake, Haiti had some of the lowest socioeconomic indicators and the second highest rate of income disparity in the world, conditions that have further complicated post-earthquake recovery efforts and, according to the World Bank, have significantly reduced the prospects of addressing poverty reduction through economic growth. (4) According to the World Food Programme, more than 6,700,000 people in Haiti (out of a population of about 10,000,000) are considered food insecure. (5) In October 2010, an unprecedented outbreak of cholera in Haiti resulted in over 500,000 reported cases and over 8,000 deaths to date, further straining the capacity of Haiti’s public health sector and increasing the urgency of resettlement and water, sanitation, and hygiene (WASH) efforts. (6) The international community, led by the United States and the United Nations, mounted an unprecedented humanitarian response in Haiti, with donors pledging approximately $10,400,000,000 for humanitarian relief and recovery efforts, including debt relief, supplemented by $3,100,000,000 in private charitable contributions, of which approximately $6,400,000,000 has been disbursed and an additional $3,800,000,000 has been committed as of September 30, 2013. (7) The emergency response of the men and women of the United States Government, led by the United States Agency for International Development (USAID) and the United States Southern Command, as well as of cities, towns, individuals, businesses, and philanthropic organizations across the United States, was particularly swift and resolute. (8) Since 2010, a total of $1,300,000,000 in United States assistance has been allocated for humanitarian relief and $2,300,000,000 has been allocated for recovery, reconstruction, and development assistance in Haiti, including $1,140,000,000 in emergency appropriations and $95,000,000 that has been obligated specifically to respond to the cholera epidemic. (9) Of the $3,600,000,000 in United States assistance allocated for Haiti, $651,000,000 was apportioned to USAID to support an ambitious recovery plan, including the construction of a power plant to provide electricity for the new Caracol Industrial Park (CIP) in northern Haiti, a new port near the CIP, and permanent housing in new settlements in the Port-au-Prince, St-Marc, and Cap-Haïtien areas. (10) According to a recent report of the Government Accountability Office, as of June 30, 2013, USAID had disbursed 31 percent of its reconstruction funds in Haiti, the port project was 2 years behind schedule and USAID funding will be insufficient to cover a majority of the projected costs, the housing project has been reduced by 80 percent, and the sustainability of the power plant, the port, and the housing projects were all at risk. (11) GAO further found that Congress has not been provided with sufficient information to ensure that it is able to conduct effective oversight at a time when most funding remains to be disbursed, and specifically recommends that a periodic reporting mechanism be instituted to fill this information gap. (12) Donors have encountered significant challenges in implementing recovery programs, and nearly 4 years after the earthquake, an estimated 171,974 people remain displaced in camps, unemployment remains high, corruption is rampant, land rights remain elusive, allegations of wage violations are widespread, the business climate is unfavorable, and government capacity remains weak. (13) For Haiti to achieve stability and long term economic growth, donor assistance will have to be carefully coordinated with a commitment by the Government of Haiti to transparency, a market economy, rule of law, and democracy. (14) The legal environment in Haiti remains a challenge to achieving the goals supported by the international community. 3. Statement of policy It is the policy of the United States to support the sustainable rebuilding and development of Haiti in a manner that— (1) promotes efforts that are led by and support the people and Government of Haiti at all levels so that Haitians lead the course of reconstruction and development of Haiti; (2) builds the long term capacity of the Government of Haiti and civil society in Haiti; (3) reflects the priorities and particular needs of both women and men so they may participate equally and to their maximum capacity; (4) respects and helps restore Haiti’s natural resources, as well as builds community-level resilience to environmental and weather-related impacts; (5) provides timely and comprehensive reporting on goals and progress, as well as transparent post program evaluations and contracting data; (6) prioritizes the local procurement of goods and services in Haiti where appropriate; and (7) promotes the holding of free, fair, and timely elections in accordance with democratic principles and the Haitian Constitution. 4. Sense of Congress It is the sense of Congress that transparency, accountability, democracy, and good governance are integral factors in any congressional decision regarding United States assistance, including assistance to Haiti. 5. Report (a) In general Not later than December 31, 2014, and annually thereafter through December 31, 2017, the Secretary of State shall submit to Congress a report on the status of post-earthquake recovery and development efforts in Haiti. (b) Contents The report required by subsection (a) shall include— (1) a summary of Post-Earthquake USG Haiti Strategy: Toward Renewal and Economic Opportunity (2) a breakdown of the work that the United States Government agencies other than USAID and the Department of State are conducting in the Haiti recovery effort, and the cost of that assistance; (3) an assessment of the progress of United States efforts to advance the objectives of the Post-Earthquake USG Haiti Strategy: Toward Renewal and Economic Opportunity (A) a description of any significant changes to the Strategy over the reporting period and an explanation thereof; (B) an assessment of progress, or lack thereof, over the reporting period toward meeting the goals and objectives, benchmarks, and timeframes specified in the Strategy, including— (i) a description of progress toward designing and implementing a coordinated and sustainable housing reconstruction strategy that addresses land ownership, secure land tenure, water and sanitation, and the unique concerns of vulnerable populations such as women and children, as well as neighborhood and community revitalization, housing finance, and capacity building for the Government of Haiti to implement an effective housing policy; (ii) a description of United States Government efforts to construct and sustain the proposed port, as well as an assessment of the current projected timeline and cost for completion; and (iii) a description of United States Government efforts to attract and leverage the investments of private sector partners to the CIP, including by addressing any policy impediments; (C) a description of the quantitative and qualitative indicators used to evaluate the progress toward meeting the goals and objectives, benchmarks, and timeframes specified in the Strategy at the program level; (D) the amounts committed, obligated, and expended on programs and activities to implement the Strategy, by sector and by implementing partner at the prime and subprime levels (in amounts of not less than $25,000); and (E) a description of the risk mitigation measures put in place to limit the exposure of United States assistance provided under the Strategy to waste, fraud, and abuse; (4) a description of measures taken to strengthen, and United States Government efforts to improve, Haitian governmental and nongovernmental organizational capacity to undertake and sustain United States-supported recovery programs; (5) as appropriate, a description of United States efforts to consult and engage with Government of Haiti ministries and local authorities on the establishment of goals and timeframes, and on the design and implementation of new programs under the Post-Earthquake USG Haiti Strategy: Toward Renewal and Economic Opportunity; (6) a description of efforts by Haiti’s legislative and executive branches to consult and engage with Haitian civil society and grassroots organizations on the establishment of goals and timeframes, and on the design and implementation of new donor-financed programs, as well as efforts to coordinate with and engage the Haitian diaspora; (7) consistent with the Government of Haiti’s ratification of the United Nations Convention Against Corruption, a description of efforts of the Governments of the United States and Haiti to strengthen Government of Haiti institutions established to address corruption, as well as related efforts to promote public accountability, meet public outreach and disclosure obligations, and support civil society participation in anti-corruption efforts; (8) a description of efforts to leverage public-private partnerships and increase the involvement of the private sector in Haiti in recovery and development activities and coordinate programs with the private sector and other donors; (9) a description of efforts to address the particular needs of vulnerable populations, including internally displaced persons, women, children, orphans, and persons with disabilities, in the design and implementation of new programs and infrastructure; (10) a description of the impact that agriculture and infrastructure programs are having on the food security, livelihoods, and land tenure security of smallholder farmers, particularly women; (11) a description of mechanisms for communicating the progress of recovery and development efforts to the people of Haiti, including a description of efforts to provide documentation, reporting and procurement information in Haitian Creole; (12) a description of the steps the Government of Haiti is taking to strengthen its capacity to receive individuals who are removed, excluded, or deported from the United States; and (13) an assessment of actions necessary to be taken by the Government of Haiti to assist in fulfilling the objectives of the Strategy. 6. Strategy (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State, acting through the Assistant Secretary of State for Western Hemisphere Affairs, shall coordinate and transmit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a three-year Haiti strategy based on rigorous assessments that— (1) identifies and addresses constraints to sustainable, broad-based economic growth and to the consolidation of responsive, democratic government institutions; (2) includes an action plan that outlines policy tools, technical assistance, and anticipated resources for addressing the highest-priority constraints to economic growth and the consolidation of democracy, as well as a specific description of mechanisms for monitoring and evaluating progress; and (3) identifies specific steps and verifiable benchmarks appropriate to provide direct bilateral assistance to the Government of Haiti. (b) Elements The strategy required under subsection (a) should address the following elements: (1) A plan to engage the Government of Haiti on shared priorities to build long-term capacity, including the development of a professional civil service, to assume increasing responsibility for governance and budgetary sustainment of governmental institutions. (2) A plan to assist the Government of Haiti in holding free, fair and timely elections in accordance with democratic principles. (3) Specific goals for future United States support for efforts to build the capacity of the Government of Haiti, including to– (A) reduce corruption; (B) consolidate the rule of law and an independent judiciary; (C) strengthen the civilian police force; (D) develop sustainable housing, including ensuring appropriate titling and land ownership rights; (E) expand port capacity to support economic growth; (F) attract and leverage the investments of private sector partners, including to the Caracol Industrial Park; (G) promote large and small scale agricultural development in a manner that reduces food insecurity and contributes to economic growth; (H) improve access to potable water, expand public sanitation services, reduce the spread of infectious diseases, and address public health crises; (I) restore the natural resources of Haiti, including enhancing reforestation efforts throughout the country; and (J) gain access to safe, secure, and affordable supplies of energy in order to strengthen economic growth and energy security. (c) Consultation In devising the strategy required under subsection (a), the Secretary should— (1) coordinate with all United States Government departments and agencies carrying out work in Haiti; (2) consult with the Government of Haiti, including the National Assembly of Haiti, and representatives of private and nongovernmental sectors in Haiti; and (3) consult with relevant multilateral organizations, multilateral development banks, private sector institutions, nongovernmental organizations, and foreign governments present in Haiti. (d) Briefings The Secretary of State, at the request of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, shall provide a quarterly briefing that reviews progress of the implementation of the strategy required under subsection (a). June 26, 2014 Reported with an amendment

Assessing Progress in Haiti Act of 2014

Currency Optimization, Innovation, and National Savings Act - Requires the Board of Governors of the Federal Reserve System (Federal Reserve Board) to sequester all $1 coins bearing the design common to those $1 coins minted and issued from 1979-1981 and again in 1999. Allows the release of such sequestered coins to collectible coin dealers and countries that have adopted the U.S. dollar as their base unit of exchange. Directs the Federal Reserve Board to: (1) undertake efforts to improve, and remove barriers to, the circulation of all other $1 coins; and (2) work with the U.S. Mint, consumer groups, media outlets, and schools to publicize the Presidential $1 Coin Program. Declares it is U.S. policy that after consumers and retailers are comfortable using and able to obtain adequate supplies of $1 coins, such $1 coins should replace $1 Federal Reserve notes as the only $1 monetary unit issued and circulated by the Federal Reserve System.

To improve the circulation of $1 coins, to remove barrier to the circulation of such coins, and for other purposes. 1. Short title This Act may be cited as the Currency Optimization, Innovation, and National Savings Act 2. Improving circulation and removing barriers to circulation of $1 coins (a) Duties of the Board of Governors of the Federal Reserve System (1) Coin sequestration (A) In general Not later than 6 months after the date of enactment of this Act, the Board of Governors of the Federal Reserve System shall sequester all $1 coins bearing the design common to those $1 coins minted and issued from 1979–1981 and again in 1999. (B) Treatment of coins Coins sequestered pursuant to subparagraph (A) shall not be returned to ordinary circulation or otherwise released from storage controlled by the Federal Reserve System or an agent of the Federal Reserve System. (C) Exception for certain uses Notwithstanding subparagraph (B), coins sequestered pursuant to subparagraph (A) may be released, at face value and in bulk quantities— (i) to dealers in collectible coins; and (ii) to countries that have adopted the United States dollar as their base unit of exchange. (D) Obsolete coins At the end of the 1-year period beginning on the date of enactment of this Act, the Secretary of the Treasury shall declare all coins described under subparagraph (A) to be obsolete, and such coins— (i) shall be treated in the same manner as all other obsolete United States coins; and (ii) to the extent that such coins remain in general circulation, shall remain legal tender. (2) Quarterly report on $1 coins The Board of Governors of the Federal Reserve System shall issue quarterly reports to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on— (A) the number of coins sequestered pursuant to paragraph (1)(A); (B) the number of coins described in paragraph (1)(A) that remain in general circulation; and (C) efforts that have been made to reduce the number of coins described in subparagraphs (A) and (B) to zero. (3) Improvement of circulation The Board of Governors of the Federal Reserve System shall— (A) undertake efforts to improve the circulation and remove barriers to the circulation of the $1 coin, other than those coins described under paragraph (1)(A); (B) issue a quarterly report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on— (i) what efforts have been made to improve the circulation of $1 coins and what efforts are being planned to improve the circulation of $1 coins; (ii) the success of such efforts, including an analysis of such coins held in storage owned or controlled by the Federal Reserve System and the number such coins in circulation; (iii) barriers to the circulation of such coins, including the availability of such coins in quantities unmixed with the $1 coins described in paragraph (1)(A); and (iv) the extent to which the Federal Reserve System and any agents of the Federal Reserve System are unable to meet end-user requests for delivery of unmixed quantities of such coins in whatever form such end user requires, including rolls, disposable tubes, or volume bags of such coins. (4) Outreach and education The Board of Governors of the Federal Reserve System shall, within existing programs, continuously conduct outreach and education programs aimed at helping each business using or accepting cash to choose the best mix of $1 coins and banknotes to facilitate transactions and reduce costs of transactions and of cashing out (5) Use of $1 coins by foreign countries The Board of Governors of the Federal Reserve System shall work with the Departments of State and Treasury to ensure that countries that have adopted the dollar as a base unit of exchange and which place orders with the Federal Reserve System, or through any United States financial institution, for supplies of $1 monetary units, are fully briefed before placing each such order on the durability and longevity of $1 coins in high-circulation economies when used for transactions of a low dollar value. (b) Publicity requirement Section 5112(p)(2) Mint and the Board of Governors of the Federal Reserve System (c) Report on implementation Not later than the end of the 1-year period beginning on the date of enactment of this Act, and annually thereafter, the Comptroller General of the United States and the Inspectors General of the Federal Reserve System and the Bureau of Consumer Financial Protection shall each issue a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on steps being taken by the Board of Governors of the Federal Reserve System to carry out this Act. (d) Clarification with respect to seigniorage The ninth proviso of section 5136 of title 31, United States Code, is amended by inserting after miscellaneous receipts , and such amount shall be included as an estimated receipt of the Government and a receipt of the Government under paragraphs (6) and (7), respectively, of section 1105(a) in any budget submitted under such section 3. Saving taxpayers funds by transitioning to the use of $1 coins (a) In general It is the policy of the United States that after $1 coins achieve sufficient market penetration such that consumers and retailers are comfortable using $1 coins and are able to obtain adequate supplies of $1 coins, $1 coins should replace $1 Federal Reserve notes as the only $1 monetary unit issued and circulated by the Federal Reserve System. (b) Deadline for placing $1 Federal Reserve notes into circulation Federal Reserve banks may continue to place into circulation $1 Federal Reserve notes until the earlier of— (1) the date on which the number of $1 coins placed into circulation after the date of the enactment of this Act exceeds 600,000,000 annually; or (2) the date that is 4 years after the date of the enactment of this Act. (c) Transition period After the date referred to in subsection (b), a Federal Reserve bank may not order additional $1 Federal Reserve notes but may, for a period of one year, continue to place into circulation $1 Federal Reserve notes on hand or those deposited with it, except for notes described in subsection (d). (d) Removal of unfit currency After the date referred to in subparagraph (b), a Federal Reserve bank shall continue to remove unfit currency from circulation, and shall continue to destroy such currency. (e) Exception Notwithstanding subsections (b) and (c), the Board of Governors of the Federal Reserve System shall produce such Federal Reserve notes of $1 denomination as the Board of Governors determines from time to time are appropriate solely to meet the needs of collectors of that denomination. Such notes shall be issued by one or more Federal Reserve banks in accordance with section 16 of the Federal Reserve Act and sold by the Board of Governors, in whole or in part, under procedures prescribed by the Board of Governors. (f) No effect on legal tender Notwithstanding any other subsection of this section, $1 Federal Reserve notes are legal tender in the United States for all debts, public and private, public charges, taxes, and duties, regardless of the date of printing or issue.

Currency Optimization, Innovation, and National Savings Act

Sensible Accounting to Value Energy Act of 2013 - Directs the Secretary of Housing and Urban Development (HUD) to develop and issue guidelines for all federal mortgage agencies (including the Federal National Mortgage Association [Fannie Mae], the Federal Home Loan Mortgage Corporation [Freddie Mac], and any affiliates) to implement enhanced loan eligibility requirements, for use when testing the ability of a loan applicant to repay a covered loan, that account for the expected energy cost savings for a loan applicant at a subject property. Directs the Secretary to issue guidelines for how covered agencies shall determine: (1) the maximum permitted loan amount based on the value of the property for all covered loans made on properties with an energy efficiency report, and (2) the estimated energy savings for properties with such a report. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to require standards for the performance of real estate appraisals in connection with federally related transactions to require at a minimum that state certified and licensed appraisers have timely access, where practicable, to information from the property owner and the lender that may be relevant in developing an opinion of value regarding the energy- and water-saving improvements or features of a property. Applies the requirement of state certified appraisers to transactions involving any real property on which the appraiser makes adjustments using an energy efficiency report. Directs the Secretary to establish an advisory group on the implementation of the enhanced energy efficiency underwriting criteria established in this Act.

To improve the accuracy of mortgage underwriting used by Federal mortgage agencies by ensuring that energy costs are included in the underwriting process, to reduce the amount of energy consumed by homes, to facilitate the creation of energy efficiency retrofit and construction jobs, and for other purposes. 1. Short title This Act may be cited as the Sensible Accounting to Value Energy Act of 2013 2. Definitions In this Act, the following definitions shall apply: (1) Covered agency The term covered agency (A) means— (i) an executive agency, as that term is defined in section 102 (ii) any other agency of the Federal Government; and (B) includes any enterprise, as that term is defined under section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4502 (2) Covered loan The term covered loan (3) Homeowner The term homeowner (4) Mortgagee The term mortgagee (A) an original lender under a covered loan or the holder of a covered loan at the time at which that mortgage transaction is consummated; (B) any affiliate, agent, subsidiary, successor, or assignee of an original lender under a covered loan or the holder of a covered loan at the time at which that mortgage transaction is consummated; (C) any servicer of a covered loan; and (D) any subsequent purchaser, trustee, or transferee of any covered loan issued by an original lender. (5) Secretary The term Secretary (6) Servicer The term servicer (7) Servicing The term servicing 12 U.S.C. 2605(i) 3. Findings and purposes (a) Findings Congress finds that— (1) energy costs for homeowners are a significant and increasing portion of their household budgets; (2) household energy use can vary substantially depending on the efficiency and characteristics of the house; (3) expected energy cost savings are important to the value of the house; (4) the current test for loan affordability used by most covered agencies, commonly known as the debt-to-income (5) another loan limitation, commonly known as the loan-to-value (b) Purposes The purposes of this Act are to— (1) improve the accuracy of mortgage underwriting by Federal mortgage agencies by ensuring that energy cost savings are included in the underwriting process as described below, and thus to reduce the amount of energy consumed by homes and to facilitate the creation of energy efficiency retrofit and construction jobs; (2) require a covered agency to include the expected energy cost savings of a homeowner as a regular expense in the tests, such as the debt-to-income test, used to determine the ability of the loan applicant to afford the cost of homeownership for all loan programs; and (3) require a covered agency to include the value home buyers place on the energy efficiency of a house in tests used to compare the mortgage amount to home value, taking precautions to avoid double-counting and to support safe and sound lending. 4. Enhanced energy efficiency underwriting criteria (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall, in consultation with the advisory group established in section 7(b), develop and issue guidelines for a covered agency to implement enhanced loan eligibility requirements, for use when testing the ability of a loan applicant to repay a covered loan, that account for the expected energy cost savings for a loan applicant at a subject property, in the manner set forth in subsections (b) and (c). (b) Requirements To account for energy cost savings The enhanced loan eligibility requirements under subsection (a) shall require that, for all covered loans for which an energy efficiency report is voluntarily provided to the mortgagee by the mortgagor, the covered agency and the mortgagee shall take into consideration the estimated energy cost savings expected for the owner of the subject property in determining whether the loan applicant has sufficient income to service the mortgage debt plus other regular expenses. To the extent that a covered agency uses a test such as a debt-to-income test that includes certain regular expenses, such as hazard insurance and property taxes, the expected energy cost savings shall be included as an offset to these expenses. Energy costs to be assessed include the cost of electricity, natural gas, oil, and any other fuel regularly used to supply energy to the subject property. (c) Determination of estimated energy cost savings (1) In general The guidelines to be issued under subsection (a) shall include instructions for the covered agency to calculate estimated energy cost savings using— (A) the energy efficiency report; (B) an estimate of baseline average energy costs; and (C) additional sources of information as determined by the Secretary. (2) Report requirements For the purposes of paragraph (1), an energy efficiency report shall— (A) estimate the expected energy cost savings specific to the subject property, based on specific information about the property; (B) be prepared in accordance with the guidelines to be issued under subsection (a); and (C) be prepared— (i) in accordance with the Residential Energy Service Network’s Home Energy Rating System (commonly known as HERS (ii) by other methods approved by the Secretary, in consultation with the Secretary of Energy and the advisory group established in section 7(b), for use under this Act, which shall include a third-party quality assurance procedure. (3) Use by appraiser If an energy efficiency report is used under subsection (b), the energy efficiency report shall be provided to the appraiser to estimate the energy efficiency of the subject property and for potential adjustments for energy efficiency. (d) Required disclosure to consumer for a home with an energy efficiency report If an energy efficiency report is used under subsection (b), the guidelines to be issued under subsection (a) shall require the mortgagee to— (1) inform the loan applicant of the expected energy costs as estimated in the energy efficiency report, in a manner and at a time as prescribed by the Secretary, and if practicable, in the documents delivered at the time of loan application; and (2) include the energy efficiency report in the documentation for the loan provided to the borrower. (e) Required disclosure to consumer for a home without an energy efficiency report If an energy efficiency report is not used under subsection (b), the guidelines to be issued under subsection (a) shall require the mortgagee to inform the loan applicant in a manner and at a time as prescribed by the Secretary, and if practicable, in the documents delivered at the time of loan application of— (1) typical energy cost savings that would be possible from a cost-effective energy upgrade of a home of the size and in the region of the subject property; (2) the impact the typical energy cost savings would have on monthly ownership costs of a typical home; (3) the impact on the size of a mortgage that could be obtained if the typical energy cost savings were reflected in an energy efficiency report; and (4) resources for improving the energy efficiency of a home. (f) Limitations A covered agency shall not— (1) modify existing underwriting criteria or adopt new underwriting criteria that intentionally negate or reduce the impact of the requirements or resulting benefits that are set forth or otherwise derived from the enhanced loan eligibility requirements required under this section; or (2) impose greater buy back requirements, credit overlays, insurance requirements, including private mortgage insurance, or any other material costs, impediments, or penalties on covered loans merely because the loan uses an energy efficiency report or the enhanced loan eligibility requirements required under this section. (g) Applicability and implementation date Not later than 3 years after the date of enactment of this Act, and before December 31, 2016, the enhanced loan eligibility requirements required under this section shall be implemented by each covered agency to— (1) apply to any covered loan for the sale, or refinancing of any loan for the sale, of any home; (2) be available on any residential real property (including individual units of condominiums and cooperatives) that qualifies for a covered loan; and (3) provide prospective mortgagees with sufficient guidance and applicable tools to implement the required underwriting methods. 5. Enhanced energy efficiency underwriting valuation guidelines (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall— (1) in consultation with the Federal Financial Institutions Examination Council and the advisory group established in section 7(b), develop and issue guidelines for a covered agency to determine the maximum permitted loan amount based on the value of the property for all covered loans made on properties with an energy efficiency report that meets the requirements of section 4(c)(2); and (2) in consultation with the Secretary of Energy, issue guidelines for a covered agency to determine the estimated energy savings under subsection (c) for properties with an energy efficiency report. (b) Requirements The enhanced energy efficiency underwriting valuation guidelines required under subsection (a) shall include— (1) a requirement that if an energy efficiency report that meets the requirements of section 4(c)(2) is voluntarily provided to the mortgagee, such report shall be used by the mortgagee or covered agency to determine the estimated energy savings of the subject property; and (2) a requirement that the estimated energy savings of the subject property be added to the appraised value of the subject property by a mortgagee or covered agency for the purpose of determining the loan-to-value ratio of the subject property, unless the appraisal includes the value of the overall energy efficiency of the subject property, using methods to be established under the guidelines issued under subsection (a). (c) Determination of estimated energy savings (1) Amount of energy savings The amount of estimated energy savings shall be determined by calculating the difference between the estimated energy costs for the average comparable houses, as determined in guidelines to be issued under subsection (a), and the estimated energy costs for the subject property based upon the energy efficiency report. (2) Duration of energy savings The duration of the estimated energy savings shall be based upon the estimated life of the applicable equipment, consistent with the rating system used to produce the energy efficiency report. (3) Present value of energy savings The present value of the future savings shall be discounted using the average interest rate on conventional 30-year mortgages, in the manner directed by guidelines issued under subsection (a). (d) Ensuring consideration of energy efficient features Section 1110 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3339) is amended— (1) in paragraph (2), by striking ; and (2) in paragraph (3), by striking the period at the end and inserting ; and (4) that State certified and licensed appraisers have timely access, whenever practicable, to information from the property owner and the lender that may be relevant in developing an opinion of value regarding the energy- and water-saving improvements or features of a property, such as— (A) labels or ratings of buildings; (B) installed appliances, measures, systems or technologies; (C) blueprints; (D) construction costs; (E) financial or other incentives regarding energy- and water-efficient components and systems installed in a property; (F) utility bills; (G) energy consumption and bench­mark­ing data; and (H) third-party verifications or representations of energy and water efficiency performance of a property, observing all financial privacy requirements adhered to by certified and licensed appraisers, including section 501 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 Unless a property owner consents to a lender, an appraiser, in carrying out the requirements of paragraph (4), shall not have access to the commercial or financial information of the owner that is privileged or confidential. . (e) Transactions requiring state certified appraisers Section 1113 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3342) is amended— (1) in paragraph (1), by inserting before the semicolon the following: , or any real property on which the appraiser makes adjustments using an energy efficiency report (2) in paragraph (2), by inserting after atypical , or an appraisal on which the appraiser makes adjustments using an energy efficiency report. (f) Protections (1) Authority To impose limitations The guidelines to be issued under subsection (a) shall include such limitations and conditions as determined by the Secretary to be necessary to protect against meaningful under or over valuation of energy cost savings or duplicative counting of energy efficiency features or energy cost savings in the valuation of any subject property that is used to determine a loan amount. (2) Additional authority At the end of the 7-year period following the implementation of enhanced eligibility and underwriting valuation requirements under this Act, the Secretary may modify or apply additional exceptions to the approach described in subsection (b), where the Secretary finds that the unadjusted appraisal will reflect an accurate market value of the efficiency of the subject property or that a modified approach will better reflect an accurate market value. (g) Applicability and implementation date Not later than 3 years after the date of enactment of this Act, and before December 31, 2016, each covered agency shall implement the guidelines required under this section, which shall— (1) apply to any covered loan for the sale, or refinancing of any loan for the sale, of any home; and (2) be available on any residential real property, including individual units of condominiums and cooperatives, that qualifies for a covered loan. 6. Monitoring Not later than 1 year after the date on which the enhanced eligibility and underwriting valuation requirements are implemented under this Act, and every year thereafter, each covered agency with relevant activity shall issue and make available to the public a report that— (1) enumerates the number of covered loans of the agency for which there was an energy efficiency report, and that used energy efficiency appraisal guidelines and enhanced loan eligibility requirements; and (2) includes the default rates and rates of foreclosures for each category of loans. 7. Rulemaking (a) In general The Secretary shall prescribe regulations to carry out this Act, in consultation with the Secretary of Energy and the advisory group established in subsection (b), which may contain such classifications, differentiations, or other provisions, and may provide for such proper implementation and appropriate treatment of different types of transactions, as the Secretary determines are necessary or proper to effectuate the purposes of this Act, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. (b) Advisory group To assist in carrying out this Act, the Secretary shall establish an advisory group, consisting of individuals representing the interests of— (1) mortgage lenders; (2) appraisers; (3) energy raters and residential energy consumption experts; (4) energy efficiency organizations; (5) real estate agents; (6) home builders and remodelers; (7) State energy officials; and (8) others as determined by the Secretary. 8. Additional study (a) In general Not later than 18 months after the date of enactment of this Act, the Secretary shall reconvene the advisory group established in section 7(b), in addition to water and locational efficiency experts, to advise the Secretary on the implementation of the enhanced energy efficiency underwriting criteria established in sections 4 and 5. (b) Recommendations The advisory group established in section 7(b) shall provide recommendations to the Secretary on any revisions or additions to the enhanced energy efficiency underwriting criteria deemed necessary by the group, which may include alternate methods to better account for home energy costs and additional factors to account for substantial and regular costs of homeownership such as location-based transportation costs and water costs. The Secretary shall forward any legislative recommendations from the advisory group to Congress for its consideration.

Sensible Accounting to Value Energy Act of 2013

Native Hawaiian Education Act - Amends the Native Hawaiian Education Act to revise the duties and composition of the Native Hawaiian Education Council. (The Native Hawaiian Education Council coordinates the educational and related services and programs available to Native Hawaiians.) Requires the Council to be composed of 15 members who: (1) are from certain educational, governmental, Trust, and grant-making entities; and (2) demonstrate at least five years of experience as consumers or providers of Native Hawaiian education or cultural activities. Directs the Council, in addition to its existing duties, to: (1) serve as a clearinghouse for the educational and related services and programs available to Native Hawaiians, and (2) provide technical assistance to Native Hawaiian organizations that apply for or receive Native Hawaiian Education program grants. Requires the Council to hold at least one community consultation each year on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai regarding Native Hawaiian education program grants and other education issues. Eliminates the requirement that the council meet at least four times each year with an island council composed of parents, students, and other Native Hawaiian education stakeholders. Includes charter schools as eligible recipients of Native Hawaiian Education program grants, in addition to Native Hawaiian education organizations, Native Hawaiian community-based organizations, and public and private nonprofit entities. Gives grant priority to programs that: (1) meet the educational priorities established by the Council; (2) repair and renovate public schools that serve high concentrations of Native Hawaiian students; (3) meet the unique cultural and language needs of Native Hawaiian students in order to help them meet challenging state academic achievement standards; and (4) involve states, local educational agencies, or institutions of higher education in partnerships or consortia. Requires the Secretary of Education to use funds made available for Native Hawaiian Education program grants before this Act's enactment to support: (1) the development of a body of Native Hawaiian law; (2) the repair and renovation of public schools that serve high concentrations of Native Hawaiian students; (3) access to Hawaiian culture and history through digital archives; (4) informal education programs that connect traditional Hawaiian knowledge, science, astronomy, and the environment through state museums or learning centers; and (5) public charter schools serving high concentrations of Native Hawaiian students. Authorizes appropriations for such grants through FY2019.

To amend the Elementary and Secondary Education Act of 1965 regarding Native Hawaiian education. 1. Short title This Act may be cited as the Native Hawaiian Education Act 2. Findings Section 7202 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7512 7202. Findings Congress finds the following: (1) Native Hawaiians are a distinct and unique indigenous people with a historical continuity to the original inhabitants of the Hawaiian archipelago, whose society was organized as a nation and internationally recognized as a nation by the United States, the United Kingdom, France, and Japan, as evidenced by treaties governing friendship, commerce, and navigation. (2) The United States has recognized and reaffirmed that— (A) Native Hawaiians have a cultural, historic, and land-based link to the indigenous people who exercised sovereignty over the Hawaiian Islands, and that group has never relinquished its claims to sovereignty or its sovereign lands; (B) the United States furnishes services to Native Hawaiians because of their unique status as the indigenous people of a once sovereign nation with whom the United States has established a trust relationship; (C) Congress has also delegated broad authority to administer a portion of the Federal trust responsibility to the State of Hawaii; (D) the political status of Native Hawaiians is comparable to that of American Indians and Alaska Natives; and (E) the aboriginal, indigenous people of the United States have— (i) a continuing right to autonomy in their internal affairs; and (ii) an ongoing right of self-determination and self-governance that has never been extinguished. (3) The political relationship between the United States and the Native Hawaiian people has been recognized and reaffirmed by the United States, as evidenced by the inclusion of Native Hawaiians in— (A) the Native American Programs Act of 1974 ( 42 U.S.C. 2991 et seq. (B) Public Law 95–341 (commonly known as the American Indian Religious Freedom Act (C) the National Museum of the American Indian Act ( 20 U.S.C. 80q et seq. (D) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); (E) the National Historic Preservation Act ( 16 U.S.C. 470 et seq. (F) the Native American Languages Act ( 25 U.S.C. 2901 et seq. (G) the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4401 et seq.); (H) the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. (I) the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. (4) In 1993, 2005, and 2009, the Kamehameha Schools Bishop Estate released the findings of the Native Hawaiian Educational Assessment Project, which found that despite the successes of the programs established under title IV of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988, many of the same educational needs still existed for Native Hawaiians. Subsequent reports by the Kamehameha Schools Bishop Estate and other organizations have generally confirmed those findings. For example— (A) Native Hawaiian students continue to begin their school experience lagging behind other students in terms of readiness factors such as vocabulary test scores; (B) Native Hawaiian students continue to score below national norms on standardized education achievement tests at all grade levels; (C) both public and private schools continue to show a pattern of lower percentages of Native Hawaiian students in the uppermost achievement levels and in gifted and talented programs; (D) Native Hawaiian students continue to be overrepresented among students qualifying for special education programs provided to students with learning disabilities, mild mental retardation, emotional impairment, and other such disabilities; (E) Native Hawaiians continue to be underrepresented in institutions of higher education and among adults who have completed four or more years of college; and (F) Native Hawaiians continue to be disproportionately represented in many negative social and physical statistics indicative of special educational needs. (5) The number of Native Hawaiian students served by the State of Hawaii Department of Education has risen from 20 percent in 1980 to 26 percent in 2008, and there are, and will continue to be, geographically rural, isolated areas with a high Native Hawaiian population density. (6) Despite the consequences of more than 100 years of nonindigenous influence, the Native Hawaiian people are determined to preserve, develop, and transmit to future generations their ancestral territory and their cultural identity, in accordance with their own spiritual and traditional beliefs, customs, practices, language, and social institutions. (7) The State of Hawaii, in the constitution and statutes of the State of Hawaii— (A) reaffirms and protects the unique right of the Native Hawaiian people to practice and perpetuate their culture and religious customs, beliefs, practices, and language; (B) recognizes the traditional language of the Native Hawaiian people as an official language of the State of Hawaii, which may be used as the language of instruction for all subjects and grades in the public school system; and (C) promotes the study of the Hawaiian culture, language, and history by providing a Hawaiian education program and using community expertise as a suitable and essential means to further the program. . 3. Purposes Section 7203 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7513 7203. Purposes The purposes of this part are— (1) to authorize, develop, implement, assess, and evaluate innovative educational programs, Native Hawaiian language medium programs, Native Hawaiian culture-based education programs, and other education programs to improve the academic achievement of Native Hawaiian students by meeting their unique cultural and language needs in order to help such students meet challenging State student academic achievement standards; (2) to provide guidance to appropriate Federal, State, and local agencies to more effectively and efficiently focus resources, including resources made available under this part, on the development and implementation of— (A) innovative educational programs for Native Hawaiians; (B) rigorous and substantive Native Hawaiian language programs; and (C) Native Hawaiian culture-based educational programs; and (3) to create a system by which information from programs funded under this part will be collected, analyzed, evaluated, reported, and used in decisionmaking activities regarding the types of grants awarded under this part. . 4. Native Hawaiian Education Council Grant Section 7204 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7514 7204. Native Hawaiian Education Council Grant (a) Grant Authorized In order to better effectuate the purposes of this part through the coordination of educational and related services and programs available to Native Hawaiians, including those programs that receive funding under this part, the Secretary shall award a grant to an education council, as described under subsection (b). (b) Education Council (1) Eligibility To be eligible to receive the grant under subsection (a), the council shall be an education council (referred to in this section as the Education Council (2) Composition The Education Council shall consist of 15 members of whom— (A) 1 shall be the President of the University of Hawaii (or a designee); (B) 1 shall be the Governor of the State of Hawaii (or a designee); (C) 1 shall be the Superintendent of the State of Hawaii Department of Education (or a designee); (D) 1 shall be the chairperson of the Office of Hawaiian Affairs (or a designee); (E) 1 shall be the executive director of Hawaii’s Charter School Network (or a designee); (F) 1 shall be the chief executive officer of the Kamehameha Schools (or a designee); (G) 1 shall be the Chief Executive Officer of the Queen Liliuokalani Trust (or a designee); (H) 1 shall be a member, selected by the other members of the Education Council, who represents a private grant-making entity; (I) 1 shall be the Mayor of the County of Hawaii (or a designee); (J) 1 shall be the Mayor of Maui County (or a designee from the Island of Maui); (K) 1 shall be the Mayor of the County of Kauai (or a designee); (L) 1 shall be appointed by the Mayor of Maui County from the Island of either Molokai or Lanai; (M) 1 shall be the Mayor of the City and County of Honolulu (or a designee); (N) 1 shall be the chairperson of the Hawaiian Homes Commission (or a designee); and (O) 1 shall be the chairperson of the Hawaii Workforce Development Council (or a designee representing the private sector). (3) Requirements Any designee serving on the Education Council shall demonstrate, as determined by the individual who appointed such designee with input from the Native Hawaiian community, not less than 5 years of experience as a consumer or provider of Native Hawaiian education or cultural activities, with traditional cultural experience given due consideration. (4) Limitation A member (including a designee), while serving on the Education Council, shall not be a recipient of grant funds that are awarded under this part. (5) Term of members A member who is a designee shall serve for a term of not more than 4 years. (6) Chair, vice chair (A) Selection The Education Council shall select a Chair and a Vice Chair from among the members of the Education Council. (B) Term limits The Chair and Vice Chair shall each serve for a 2-year term. (7) Administrative provisions relating to education council The Education Council shall meet at the call of the Chair of the Council, or upon request by a majority of the members of the Education Council, but in any event not less often than every 120 days. (8) No compensation None of the funds made available through the grant may be used to provide compensation to any member of the Education Council or member of a working group established by the Education Council, for functions described in this section. (c) Use of Funds for Coordination Activities The Education Council shall use funds made available through the grant to carry out each of the following activities: (1) Providing advice about the coordination, and serving as a clearinghouse for, the educational and related services and programs available to Native Hawaiians, including the programs assisted under this part. (2) Assessing the extent to which such services and programs meet the needs of Native Hawaiians, and collecting data on the status of Native Hawaiian education. (3) Providing direction and guidance, through the issuance of reports and recommendations, to appropriate Federal, State, and local agencies in order to focus and improve the use of resources, including resources made available under this part, relating to Native Hawaiian education, and serving, where appropriate, in an advisory capacity. (4) Awarding grants, if such grants enable the Education Council to carry out the activities described in paragraphs (1) through (3). (5) Hiring an executive director who shall assist in executing the duties and powers of the Education Council, as described in subsection (d). (d) Use of Funds for Technical Assistance The Education Council shall use funds made available through the grant to— (1) provide technical assistance to Native Hawaiian organizations that are grantees or potential grantees under this part; (2) obtain from such grantees information and data regarding grants awarded under this part, including information and data about— (A) the effectiveness of such grantees in meeting the educational priorities established by the Education Council, as described in paragraph (6)(D), using metrics related to these priorities; and (B) the effectiveness of such grantees in carrying out any of the activities described in section 7205(c) that are related to the specific goals and purposes of each grantee’s grant project, using metrics related to these priorities; (3) assess and define the educational needs of Native Hawaiians; (4) assess the programs and services available to address the educational needs of Native Hawaiians; (5) assess and evaluate the individual and aggregate impact achieved by grantees under this part in improving Native Hawaiian educational performance and meeting the goals of this part, using metrics related to these goals; and (6) prepare and submit to the Secretary, at the end of each calendar year, an annual report that contains— (A) a description of the activities of the Education Council during the calendar year; (B) a description of significant barriers to achieving the goals of this part; (C) a summary of each community consultation session described in subsection (e); and (D) recommendations to establish priorities for funding under this part, based on an assessment of— (i) the educational needs of Native Hawaiians; (ii) programs and services available to address such needs; (iii) the effectiveness of programs in improving the educational performance of Native Hawaiian students to help such students meet challenging State student academic achievement standards; and (iv) priorities for funding in specific geographic communities. (e) Use of Funds for Community consultations The Education Council shall use funds made available though the grant under subsection (a) to hold not less than 1 community consultation each year on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai, at which— (1) not less than 3 members of the Education Council shall be in attendance; (2) the Education Council shall gather community input regarding— (A) current grantees under this part, as of the date of the consultation; (B) priorities and needs of Native Hawaiians; and (C) other Native Hawaiian education issues; and (3) the Education Council shall report to the community on the outcomes of the activities supported by grants awarded under this part. (f) Funding For each fiscal year, the Secretary shall use the amount described in section 7206(d)(2), to make a payment under the grant. Funds made available through the grant shall remain available until expended. (g) Report Beginning not later than 2 years after the date of enactment of the Native Hawaiian Education Act (1) summarizes the annual reports of the Education Council; (2) describes the allocation and use of funds under this part and the information gathered since the first annual report submitted by the Education Council to the Secretary under this section; and (3) contains recommendations for changes in Federal, State, and local policy to advance the purposes of this part. . 5. Grant program authorized Section 7205 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7515 et seq. 7205. Grant Program authorized (a) Grants and contracts In order to carry out programs that meet the purposes of this part, the Secretary is authorized to award grants to, or enter into contracts with— (1) Native Hawaiian educational organizations; (2) Native Hawaiian community-based organizations; (3) public and private nonprofit organizations, agencies, and institutions with experience in developing or operating Native Hawaiian education and workforce development programs or programs of instruction in the Native Hawaiian language; (4) charter schools; and (5) consortia of the organizations, agencies, and institutions described in paragraphs (1) through (4). (b) Priority In awarding grants and entering into contracts under this part, the Secretary shall give priority to— (1) programs that meet the educational priority recommendations of the Education Council, as described under section 7204(d)(6)(E); (2) the repair and renovation of public schools that serve high concentrations of Native Hawaiian students; (3) programs designed to improve the academic achievement of Native Hawaiian students by meeting their unique cultural and language needs in order to help such students meet challenging State student academic achievement standards, including activities relating to— (A) achieving competence in reading, literacy, mathematics, and science for students in preschool through grade 3; (B) the educational needs of at-risk children and youth; (C) professional development for teachers and administrators; (D) the use of Native Hawaiian language and preservation or reclamation of Native Hawaiian culture-based educational practices; (E) preparation for employment in fields in which Native Hawaiians are underemployed or underrepresented; and (F) other programs relating to the activities described in this part; and (4) programs in which a State educational agency, local educational agency, institution of higher education, or a State educational agency or local educational agency in partnership with an institution of higher education apply for a grant or contract under this part as part of a partnership or consortium. (c) Authorized activities Activities provided through programs carried out under this part may include— (1) the development and maintenance of a statewide Native Hawaiian early education and care system to provide a continuum of high-quality early learning services for Native Hawaiian children from the prenatal period through the age of kindergarten entry; (2) the operation of family-based education centers that provide such services as— (A) programs for Native Hawaiian parents and infants from the prenatal period through age 3; (B) early care and education programs for Native Hawaiians; and (C) research on, and development and assessment of, family-based, early childhood, and preschool programs for Native Hawaiians; (3) activities that enhance beginning reading and literacy in either the Hawaiian or the English language among Native Hawaiian students in kindergarten through grade 3 and assistance in addressing the distinct features of combined English and Hawaiian literacy for Hawaiian speakers in grades 5 and 6; (4) activities to meet the special needs of Native Hawaiian students with disabilities, including— (A) the identification of such students and their needs; (B) the provision of support services to the families of such students; and (C) other activities consistent with the requirements of the Individuals with Disabilities Education Act; (5) activities that address the special needs of Native Hawaiian students who are gifted and talented, including— (A) educational, psychological, and developmental activities designed to assist in the educational progress of such students; and (B) activities that involve the parents of such students in a manner designed to assist in the educational progress of such students; (6) the development of academic and vocational curricula to address the needs of Native Hawaiian children and adults, including curricula materials in the Hawaiian language and mathematics and science curricula that incorporate Native Hawaiian tradition and culture; (7) professional development activities for educators, including— (A) the development of programs to prepare prospective teachers to address the unique needs of Native Hawaiian students within the context of Native Hawaiian culture, language, and traditions; (B) in-service programs to improve the ability of teachers who teach in schools with high concentrations of Native Hawaiian students to meet the unique needs of such students; and (C) the recruitment and preparation of Native Hawaiians, and other individuals who live in communities with a high concentration of Native Hawaiians, to become teachers; (8) the operation of community-based learning centers that address the needs of Native Hawaiian families and communities through the coordination of public and private programs and services, including— (A) early care and education programs; (B) before- and after-school programs and weekend academies; (C) career and technical and adult education programs; and (D) programs that recognize and support the unique cultural and educational needs of Native Hawaiian children, and incorporate appropriately qualified Native Hawaiian elders and seniors; (9) activities, including program co-location, to enable Native Hawaiians to enter and complete programs of postsecondary education, including— (A) subject to subsection (f), the provision of full or partial scholarships for undergraduate or graduate study that are awarded to students based on their academic promise and financial need, with a priority, at the graduate level, given to students entering professions in which Native Hawaiians are underrepresented; (B) family literacy services; (C) counseling and support services for students receiving scholarship assistance; (D) counseling and guidance for Native Hawaiian secondary school students who have the potential to receive scholarships; (E) assistance with completing the college admissions and financial aid application processes; and (F) faculty development activities designed to promote the matriculation of Native Hawaiian students; (10) research and data collection activities to determine the educational status and needs of Native Hawaiian children and adults; (11) other research and evaluation activities related to programs carried out under this part; and (12) other activities, consistent with the purposes of this part, to meet the educational needs of Native Hawaiian children and adults. (d) Additional activities Notwithstanding any other provision of this part, funds made available to carry out this section as of the day before the date of enactment of the Native Hawaiian Education Act (1) The development of a body of Native Hawaiian law. (2) The repair and renovation of public schools that serve high concentrations of Native Hawaiian students. (3) The perpetuation of, and expansion of access to, Hawaiian culture and history through digital archives. (4) Informal education programs that connect traditional Hawaiian knowledge, science, astronomy, and the environment through State museums or learning centers. (5) Public charter schools serving high concentrations of Native Hawaiian students. (e) Administrative costs (1) In general Except as provided in paragraph (2), not more than 5 percent of funds provided to a recipient of a grant or contract under this section for any fiscal year may be used for administrative purposes. (2) Exception The Secretary may waive the requirement of paragraph (1) for a nonprofit entity that receives funding under this section and allow not more than 10 percent of funds provided to such nonprofit entity under this section for any fiscal year to be used for administrative purposes. (f) Scholarship rule and conditions (1) Institutions outside Hawaii The Secretary shall not establish a policy under this section that prevents a Native Hawaiian student enrolled at a 2- or 4-year degree-granting institution of higher education outside of the State of Hawaii from receiving a scholarship pursuant to subsection (c)(9)(A). (2) Scholarship conditions The Secretary shall establish conditions for receipt of a scholarship awarded under subsection (c)(9)(A). The conditions shall require that an individual seeking such a scholarship enter into a contract to provide professional services to the Native Hawaiian community, either during the scholarship period or upon completion of a program of postsecondary education. . 6. Administrative provisions; authorization of appropriations Section 7206 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7516 7206. Administrative provisions (a) Application required No grant may be made under this part, and no contract may be entered into under this part, unless the entity seeking the grant or contract submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine to be necessary to carry out the provisions of this part. (b) Direct grant applications The Secretary shall provide a copy of all direct grant applications to the Education Council. (c) Supplement not supplant (1) In general Except as provided in paragraph (2), funds made available under this part shall be used to supplement, and not supplant, any State or local funds used to achieve the purposes of this part. (2) Exception Paragraph (1) shall not apply to any nonprofit entity or Native Hawaiian community-based organization that receives a grant or other funds under this part. (d) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section, and sections 7204 and 7205, such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years. (2) Reservation Of the funds appropriated under this subsection, the Secretary shall reserve, for each fiscal year after the date of enactment of the Native Hawaiian Education Act (3) Availability Funds appropriated under this subsection shall remain available until expended. . 7. Definitions Section 7207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 (1) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and (2) by inserting before paragraph (2) (as redesignated by paragraph (1)) the following: (1) Community consultation The term community consultation (A) to discuss Native Hawaiian education concerns; and (B) about which the public has been given not less than 30 days notice. .

Native Hawaiian Education Act

Local Taxpayer Relief Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to make permanent amendments made to the Impact Aid program (which compensates local educational agencies [LEAs] for the financial burden of federal activities affecting their school districts) by the Impact Aid Improvement Act of 2012 that: require the valuation of the federal property located within the boundaries of an LEA by calculating the valuation, for property tax purposes, of all property within the LEA's boundaries and then multiplying that value by the proportion of that property that is federal property; alter the formula for determining the foundation payments due LEAs for federal ownership of property when appropriations for a fiscal year are insufficient to provide them with full compensation; alter the formula for determining the payments due LEAs for eligible federally-connected children who are displaced from federal property or Indian lands due to housing renovation or rebuilding; and direct the Secretary of Education to complete Impact Aid payments to eligible LEAs within three fiscal years of their appropriation. (Such amendments are currently set to expire on January 2, 2015.) Alters the formula for determining the payments due LEAs for eligible federally-connected children. Includes not only children in average daily attendance, but also those enrolled pursuant to a state open enrollment policy. Continues an LEA's eligibility for such payments while activities associated with military base closures and realignments or force structure changes or relocations are ongoing. Allows the calculation of such payments using current student counts instead of prior fiscal year data when LEAs experience a specified influx of new federally-connected students due to federal activities or the closure of an LEA that was receiving Impact Aid due to federally-connected children. Requires the Secretary to allow LEAs to count their federally-connected children using the date they register their students for the fiscal year for which their application is filed. Alters the formula for determining the construction payments due LEAs that are eligible for other Impact Aid payments. Divides 80% of the construction funds evenly between LEAs impacted by military dependent children and LEAs impacted by children residing on Indian lands, with the remainder reserved for emergency repair and modernization grants to LEAs serving Indian lands or experiencing a specified influx of new students due to federal activities. Alters the formula for determining whether a state's plan for equalizing assistance to its LEAs will except it from the prohibition on state aid to LEAs being affected by Impact Aid payments. Requires new LEAs applying for Impact Aid to have boundaries established by state law and the authority to tax or receive an imputed local tax. Reauthorizes appropriations for the Impact Aid program through FY2017.

To reauthorize the impact aid program under the Elementary and Secondary Education Act of 1965. 1. Short title This Act may be cited as the Local Taxpayer Relief Act 2. Payments relating to Federal acquisition of real property (a) Amendments Section 8002 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7702 (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking for a fiscal year ending prior to October 1, 2003 (B) in the flush text following paragraph (2), by inserting or (h) subsection (b) (2) in subsection (b)— (A) by striking paragraph (2) and inserting the following: (2) Application of current levied real property tax rate In calculating the amount that a local educational agency is eligible to receive for a fiscal year, the Secretary shall apply the current levied real property tax rate for current expenditures levied by fiscally independent local educational agencies, or imputed for fiscally dependent local educational agencies, to the current annually determined estimated taxable value of such acquired Federal property as calculated under paragraph (3). ; and (B) by striking paragraph (3) and inserting the following: (3) Determination of taxable value for eligible Federal property (A) In general In determining the total taxable value of such acquired Federal property for fiscal year 2010 and each succeeding fiscal year, the Secretary shall— (i) first determine the total taxable value for the purpose of levying property tax for school purposes for current expenditures of real property located within the boundaries of such local educational agency; (ii) then determine the per acre value of the eligible Federal property by dividing the total taxable value as determined in clause (i), by the difference between the total acres located within the boundaries of the local educational agency and the number of Federal acres eligible under this section; and (iii) then determine the total taxable value of the eligible Federal property by multiplying the per acre value as calculated under clause (ii) by the number of Federal acres eligible under this section. (B) Special rule In the case of Federal property eligible under this section that is within the boundaries of 2 or more local educational agencies, any one of the local educational agencies affected may ask the Secretary to calculate the per acre value of each local educational agency as provided under subparagraph (A) and apply the average of the per acre values to the acres of the Federal property to the agency or agencies making such request. ; (3) in subsection (f), by striking paragraphs (4) and (5); (4) by striking subsection (g) and inserting the following: (g) Former districts (1) Consolidations For fiscal year 2006 and all succeeding fiscal years, if a local educational agency described in paragraph (2) is formed at any time after 1938 by the consolidation of 2 or more former school districts, the local educational agency may elect to have the Secretary determine its eligibility and any amount for which the local educational agency is eligible under this section for any fiscal year on the basis of 1 or more of those former districts, as designated by the local educational agency. (2) Eligible local educational agencies A local educational agency referred to in paragraph (1) is— (A) any local educational agency that, for fiscal year 1994 or any preceding fiscal year, applied, and was determined to be eligible under, section 2(c) of the Act of September 20, 1950 (Public Law 874, 81st Congress), as that section was in effect for that fiscal year; or (B) a local educational agency formed by the consolidation of 2 or more districts, at least 1 of which was eligible for assistance under this section for the fiscal year preceding the year of the consolidation, if— (i) for fiscal years 2006 through 2013, the local educational had notified the Secretary of the designation not later than 30 days after the date of enactment of the Local Taxpayer Relief Act; and (ii) for fiscal year 2014 and any subsequent fiscal year, the local educational agency includes the designation in its application under section 8005 or any timely amendment to such application. (3) Availability of funds Notwithstanding any other provision of law limiting the period during which the Secretary may obligate funds appropriated for any fiscal year after 2005, the Secretary may obligate funds remaining after final payments have been made from any of such fiscal years to carry out this subsection. ; (5) in subsection (h)— (A) in paragraph (1)— (i) in the paragraph heading, by striking For pre-1995 recipients For pre-2010 recipients (ii) by striking subparagraphs (A) and (B) and inserting the following: (A) In general The Secretary shall first make a foundation payment to each local educational agency that is determined by the Secretary to be eligible to receive a payment under this section for the fiscal year involved and that filed a timely application, and met, or has been determined by statute to meet, the eligibility requirements of subsection (a) for fiscal year 2009. (B) Amount (i) In general The amount of a payment under subsection (b) for a local educational agency shall be equal to the greater of 90 percent of the payment the local educational agency received from dollars appropriated for fiscal year 2009 or 90 percent of the average payment that the local educational agency received from dollars appropriated for fiscal years 2006, 2007, 2008, and 2009, and shall be calculated without regard to the provisions in subsection (b)(1)(A)(i)(III) or (b)(1)(C). (ii) Exception In calculating such average payment for a local educational agency that did not receive a payment under subsection (b) for 1 or more of the fiscal years between fiscal year 2006 and 2009, inclusive, the lowest such payment made to the agency for fiscal year 2006, 2007, 2008, or 2009, shall be treated as the payment that the agency received under subsection (b) for each fiscal year for which the agency did not receive such a payment. ; and (B) by striking paragraphs (2) through (4) and inserting the following: (2) Foundation payments for new applicants (A) First year From any amounts remaining after making payments under paragraph (1) and subsection (i)(1) for the fiscal year involved, the Secretary shall make a payment in an amount determined in accordance with subparagraph (C), to each local educational agency that the Secretary determines eligible for a payment under this section for a fiscal year after fiscal year 2009 and that did not receive a payment under paragraph (1) for the fiscal year for which such agency was determined eligible for such payment. (B) Second and succeeding years For any succeeding fiscal year after the first fiscal year that a local educational agency receives a foundation payment under subparagraph (A), the amount of the local educational agency’s foundation payment under this paragraph for such succeeding fiscal year shall be equal to the local educational agency’s foundation payment under this paragraph for the first fiscal year. (C) Amounts The amount of a payment under subparagraph (A) for a local educational agency shall be determined as follows: (i) Calculate the local educational agency’s maximum payment under subsection (b). (ii) Calculate the percentage that the amount appropriated under section 8014(a) for the most recent fiscal year for which the Secretary has completed making payments under this section is of the total maximum payments for such fiscal year for all local educational agencies eligible for a payment under subsection (b) and multiply the agency’s maximum payment by such percentage. (iii) Multiply the amount determined under clause (ii) by 90 percent. (D) Insufficient funds If the amount appropriated under section 8014(a) of this title is insufficient to pay the full amount determined under this paragraph for all eligible local educational agencies for this fiscal year, then the Secretary shall ratably reduce the payment to each local educational agency under this paragraph. (3) Remaining funds From any funds remaining after making payments under paragraphs (1) and (2) for the fiscal year involved, the Secretary shall make a payment to each local educational agency that received a foundation payment under paragraph (1) or (2) or subsection (i)(1), for the fiscal year involved in an amount that bears the same relation to the remainder as a percentage share determined for the local educational agency (by dividing the maximum amount that the agency is eligible to receive under subsection (b) by the total of the maximum amounts for all such agencies) bears to the percentage share determined (in the same manner) for all local educational agencies eligible to receive a payment under this section for the fiscal year involved, except that, for the purpose of calculating a local educational agency’s maximum amount under subsection (b), data from the most current fiscal year shall be used. (4) Data For each local educational agency that received a payment under this section for fiscal year 2010 through the fiscal year in which the Local Taxpayer Relief Act was enacted, the Secretary shall not make a payment under paragraph (3) to a local educational agency that fails to submit, within 60 days of the date the Secretary notified the agency that the information is needed, the data necessary to calculate the maximum amount of a payment under subsection (b) for that local educational agency. ; (6) by striking subsections (k) and (m); and (7) by redesignating subsections (l) and (n) as subsections (j) and (k), respectively. (b) Effective date Notwithstanding the date of enactment of this Act, the amendments made by this section shall apply to applications submitted for fiscal year 2010 and all succeeding fiscal years. 3. Payments for eligible federally connected children Section 8003 of that Act ( 20 U.S.C. 7703 (1) in subsection (a)— (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting after such agency, including those children enrolled in a State that has a State open enrollment policy (but not including those children enrolled in a distance learning program not residing within the defined boundaries of the agency), (B) by striking paragraph (4) and inserting the following: (4) Military installation and Indian housing undergoing renovation or rebuilding (A) Military installation housing Beginning in fiscal year 2014, in determining the amount of a payment for a local educational agency for children described in paragraph (1)(D)(i), the Secretary shall consider those children as if they were children described in paragraph (1)(B) if the Secretary determines, on the basis of a certification provided to the Secretary of Defense, that those children would have resided in housing on Federal property if the housing was not undergoing renovation or rebuilding. The total number of children treated as children described in paragraph (1)(B) shall not exceed the lessor of— (i) the total number of children eligible under paragraph (1)(B) for the year prior to the initiation of the housing project on Federal property undergoing renovation or rebuilding; or (ii) the total number of federally connected children enrolled in the local educational agency as stated in the application filed for the payment for the year for which the determination is made. (B) Indian lands Beginning in fiscal year 2014, in determining the amount of a payment for a local educational agency that received a payment for children that resided on Indian lands in accordance with paragraph (1)(C) for the fiscal year prior to the fiscal year for which the local educational agency is making an application, the Secretary shall consider those children to be children described in paragraph (1)(C) if the Secretary determines on the basis of certification provided to the Secretary by a designated representative of the Secretary of the Interior or the Secretary of Housing and Urban Development that those children would have resided in housing on Indian lands if the housing was not undergoing renovation or rebuilding. The total number of children treated as children described in paragraph (1)(C) shall not exceed the lessor of— (i) the total number of children eligible under paragraph (1)(C) for the year prior to the initiation of the housing project on Indian lands undergoing renovation or rebuilding; or (ii) the total number of federally connected children enrolled in the local educational agency as stated in the application filed for the payment for the year for which the determination is made. (C) Eligible housing Renovation or rebuilding shall be defined as projects considered as capitalization, modernization, or restoration, as defined by the Secretary of Defense or the Secretary of the Interior (as the case may be) and are projects that last more than 30 days, but do not include sustainment projects ; and (C) in paragraph (5)(A), by striking 1984, to be children described under paragraph (1)(B) if the property described is within the fenced security perimeter of the military facility upon which such housing is situated. 1984, or under lease of off-base property under subchapter IV of chapter 169 of part IV of subtitle (A) of title 10 of the United States Code (10 U.S.C. 2871 et seq.) to be children described under paragraph (1)(B) if the property described is within the fenced security perimeter of the military facility or attached to and under any type of force protection agreement with the military installation where such housing is situated. (2) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (B)— (I) in the subparagraph heading by striking continuing (II) by amending clause (i) to read as follows: (i) In general A heavily impacted local educational agency is eligible to receive a basic support payment under subparagraph (A) with respect to a number of children determined under subsection (a)(1) if the agency— (I) is a local educational agency whose boundaries are the same as a Federal military installation or the boundaries are the same as island property designated by the Secretary of the Interior to be property that is held in trust by the Federal Government and the agency has no taxing authority; (II) is a local educational agency— (aa) that has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 45 percent; (bb) that has a per-pupil expenditure that is less than— (AA) for an agency that has a total student enrollment of 500 or more students, 125 percent of the average per-pupil expenditure of the State in which the agency is located; or (BB) for an agency that has a total student enrollment of less than 500, 150 percent of the average per-pupil expenditure of the State in which the agency is located, or the average per pupil expenditure of 3 or more comparable local educational agencies in the State in which the agency is located; and (cc) that is an agency that— (AA) has a tax rate for general fund purposes that is at least 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State; or (BB) was eligible to receive a payment under this subsection for fiscal year 2013 and is located in a State that by State law has eliminated ad valorem tax as a revenue source for local educational agencies; (III) is a local educational agency that has a total student enrollment of not less than 25,000 students, of which not less than 50 percent are children described in subsection (a)(1) and not less than 5,500 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1); or (IV) is a local educational agency that was eligible for and received a payment under this paragraph in fiscal year 2012 and— (aa) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 20 percent; (bb) for the 3 fiscal years preceding the fiscal year for which the determination is made, the average enrollment of children who are not described in subsection (a)(1) and who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act constitutes a percentage of the total student enrollment of the agency that is not less than 65 percent; and (cc) has a tax rate for general fund purposes which is not less than 1.25 percent of the average tax rate for general fund purposes for comparable local educational agencies in the State. ; (III) by amending clause (ii) to read as follows: (ii) Loss of eligibility (I) In general Subject to subclause (II), a heavily impacted local educational agency that met the requirements of clause (i) for a fiscal year shall be ineligible to receive a basic support payment under subparagraph (A) if the agency fails to meet the requirements of clause (i) for a subsequent fiscal year, except that such agency shall continue to receive a basic support payment under this paragraph for the fiscal year for which the ineligibility determination is made. (II) Exception A local educational agency that is eligible under subparagraph (A) but whose tax rate for general fund purposes falls below 95 percent of the average tax rate for general fund purposes of local educational agencies in the State for 2 consecutive years shall lose its eligibility and be subject to subclause (I). ; (IV) by amending clause (iii) to read as follows: (iii) Application With respect to the first year for which a heavily impacted local educational agency described in clause (i) applies for a basic support payment under subparagraph (A), or with respect to the first fiscal year for which a heavily impacted local educational agency applies for a basic support payment under subparagraph (A) after becoming ineligible under clause (i) for 1 or more preceding fiscal years, the agency shall apply for such payment at least 1 year prior to the start of that fiscal year. ; and (V) by adding the following after clause (iii): (iv) Special rule Notwithstanding clause (i)(II), a local educational agency shall be considered eligible to receive a basic support payment under subparagraph (A) with respect to the number of children determined under subsection (a)(1) if the agency— (I) has an enrollment of children described in subsection (a)(1), including, for purposes of determining eligibility, those children described in subparagraphs (F) and G) of such subsection, that constitutes a percentage of the total student enrollment of the agency that is not less than 35 percent; and (II) was eligible to receive assistance under subsection (b)(2) for fiscal year 2001. ; (ii) by amending subparagraph (C) to read as follows: (C) Maximum amount for heavily impacted local educational agencies (i) In general The maximum amount that a heavily impacted local educational agency is eligible to receive under this paragraph for any fiscal year is the sum of the total weighted student units, as computed under subsection (a)(2) and subject to clause (ii), multiplied by the greater of— (I) four-fifths of the average per-pupil expenditure of the State in which the local educational agency is located for the third fiscal year preceding the fiscal year for which the determination is made; or (II) four-fifths of the average per-pupil expenditure of all of the States for the third fiscal year preceding the fiscal year for which the determination is made. (ii) Special rule (I) (aa) For a local educational agency with respect to which 35 percent or more of the total student enrollment of the schools of the agency are children described in subparagraph (D) or (E) (or a combination thereof) of subsection (a)(1), and has an enrollment of children described in subparagraph (A), (B), or (C) of such subsection equal to at least 10 percent of the agency’s total enrollment, the Secretary shall calculate the weighted student units of those children described in subparagraph (D) or (E) of such subsection by multiplying the number of such children by a factor of 0.55. (bb) For any local educational agency that received a payment under this clause in fiscal year 2012, the local educational agency shall not be required to have an enrollment of children described in subparagraph (A), (B), or (C) of such subsection equal to at least 10 percent of the agency’s total enrollment. (II) For a local educational agency that has an enrollment of 100 or fewer children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.75. (III) For a local educational agency that does not qualify under subparagraph (B)(i)(I) of this subsection and has an enrollment of more than 100 but not more than 1,000 children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.25. ; (iii) by amending subparagraph (D) to read as follows: (D) Maximum amount for large heavily impacted local educational agencies (i) (I) Subject to clause (ii), the maximum amount that a heavily impacted local educational agency described in subclause (II) is eligible to receive under this paragraph for any fiscal year shall be determined in accordance with the formula described in paragraph (1)(C). (II) A heavily impacted local educational agency described in this subclause is a local educational agency that has a total student enrollment of not less than 25,000 students, of which not less than 50 percent are children described in subsection (a)(1) and not less than 5,500 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1). (ii) For purposes of calculating the maximum amount described in clause (i), the factor used in determining the weighted student units under subsection (a)(2) with respect to children described in subparagraphs (A) and (B) of subsection (a)(1) shall be 1.35. ; (iv) by striking subparagraph (E); (v) by redesignating subparagraph (F) as subparagraph (E); (vi) in subparagraph (E) (as so redesignated by clause (v))— (I) by striking clause (ii); (II) by striking ; and (III) by striking the Secretary shall use the Secretary shall use (vii) by redesignating subparagraph (G) as subparagraph (F); (viii) in subparagraph (F) (as so redesignated by clause (vii)), in the matter preceding clause (i), by striking (C)(i)(II)(bb) (B)(i)(II)(bb)(BB) (ix) by redesignating subparagraph (H) as subparagraph (G); and (x) in subparagraph (G) (as so redesignated by clause (ix))— (I) in clause (i)— (aa) by striking (B), (C), (D). or (E), (B), (C), or (D), (bb) by striking by reason of due to (cc) by inserting after clause (iii), or as the direct result of base realignment and closure or modularization as determined by the Secretary of Defense and force structure change or force relocation, (dd) by inserting before the period at the end the following: or during such time as activities associated with base closure and realignment, modularization, force structure change, or force relocation is ongoing (II) in clause (ii), by striking (D) or (E) (C) or (D) (B) in paragraph (3)— (i) in subparagraph (B)— (I) by redesignating clause (iv) as clause (v); and (II) by inserting after clause (iii) the following: (iv) For any local educational agency that is providing a program of distant learning to children not residing within the legally defined boundaries of the agency, the Secretary shall disregard such children from such agency’s total enrollment when calculating the percentage under subclause (I) of clause (i) and shall disregard any funds received for such children when calculating the total current expenditures attributed to the operation of such agency when calculating the percentage under subclause (II) of clause (i). ; (ii) in subparagraph (C), by striking or (E) of paragraph (2), as the case may be of paragraph (2) (iii) by striking subparagraph (D) and inserting the following: (D) Ratable distribution For any fiscal year described in subparagraph (A) for which the sums available exceed the amount required to pay each local educational agency 100 percent of its threshold payment the Secretary shall distribute the excess sums to each eligible local educational agency that has not received its full amount computed under paragraph (1) or (2) (as the case may be) by multiplying— (i) a percentage, the denominator of which is the difference between the full amount computed under paragraph (1) or (2) (as the case may be) for all local educational agencies and the amount of the threshold payment as calculated under subparagraphs (B) and (C) of all local educational agencies, and the numerator of which is the aggregate amount of the excess sums by— (ii) the difference between the full amount computed under paragraph (1) or (2) (as the case may be) for the agency and the amount of the threshold payment as calculated under subparagraphs (B) and (C) of the agency. ; (3) in subsection (c), by amending paragraph (2) to read as follows: (2) Exception Calculation of payments for a local educational agency shall be based on data from the fiscal year for which the agency is making an application for payment if such agency— (A) is newly established by a State, for the first year of operation of such agency only; (B) was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment (as determined by the Secretary in consultation with the Secretary of Defense, the Secretary of Interior or other Federal agencies)— (i) of not less than 10 percent, or 100 students, of children described in— (I) subparagraph (A), (B), (C), or (D) of subsection (a)(1); or (II) subparagraph (F) or (G) of subsection (a)(1), but only to the extent such children are civilian dependents of employees of the Department of Defense or the Department of Interior; and (ii) that is the direct result of closure or realignment of military installations under the base closure process or the relocation of members of the Armed Forces and civilian employees of the Department of Defense as part of force structure changes or movements of units or personnel between military installations or because of actions initiated by the Secretary of Interior or head of another Federal agency; and (C) was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment (as determined by the Secretary)— (i) of not less than 10 percent, or 100 students, of children described in subsection (a)(1); and (ii) that is the direct result of the closure of a local educational agency that received a payment under subsection (b)(1) or (b)(2) in the previous fiscal year. ; (4) by amending subsection (e) to read as follows: (e) Hold harmless (1) In general Subject to paragraph (2) the total amount the Secretary shall pay a local education agency under subsection (b)— (A) for fiscal year 2014 shall not be less than 95 percent of the total amount that the local educational agency received under subsection (b)(1), (b)(2) or (b)(2)(B)(ii) for fiscal year 2013; (B) for fiscal year 2015 shall not be less than 90 percent of the total amount that the local educational agency received under subsection (b)(1), (b)(2) or (b)(2)(B)(ii) for fiscal year 2013; and (C) for fiscal year 2016 shall not be less than 85 percent of the total amount that the local educational agency received under subsection (b)(1), (b)(2) or (b)(2)(B)(ii) for fiscal year 2013. (2) Maximum payment The total amount provided to a local educational agency under subparagraph (A), (B), or (C) of paragraph (1) for a fiscal year shall not exceed the maximum basic support amount for such agency determined under paragraph (1) or (2) of subsection (b), as the case may be. (3) Ratable reduction (A) In general If the sums made available under this title for any fiscal year are insufficient to pay the full amounts that all local educational agencies in all States are eligible to receive under paragraph (1) for such year, then the Secretary shall ratably reduce the payments to all such agencies for such year. (B) Additional funds If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such payments were reduced. ; and (5) by striking subsection (g). 4. Application for payments under sections 8002 and 8003 Section 8005 of that Act ( 20 U.S.C. 7705 (e) Student count For the purpose of meeting the requirements of section 222.35 of the Code of the Federal Regulations, the Secretary shall establish a third option for an applicant when counting its federally connected children by using the date established by the applicant to register the students of such applicant for the fiscal year for which the application is filed. . 5. Construction Section 8007 of that Act ( 20 U.S.C. 7707 (1) in subsection (a)— (A) in paragraph (1), by striking 40 percent 80 percent (B) in paragraph (2) by adding at the end the following: (C) The agency is eligible under section 8003(b)(2) or is receiving a basic support payment under circumstances described in section 8003(b)(2)(B)(ii). ; and (C) by striking paragraph (3) and inserting the following: (3) Amount of payments (A) Local educational agencies impacted by military dependent children The amount of a payment to each local educational agency described in this subsection that is impacted by military dependent children for a fiscal year shall be equal to— (i) (I) 40 percent of the amount appropriated under section 8014(e) for such fiscal year; divided by (II) the number of children described in subparagraphs (B) and (D)(i) of section (8003)(a)(1) who were in average daily attendance for all local educational agencies described in paragraph (2), including the number of children attending a school facility described in section 8008(a) if the Secretary does not provide assistance for the school facility under that section for the fiscal year; multiplied by (ii) the number of children determined for such agency; (I) but not less than $25,000, except that this subparagraph shall not apply if the amount available to carry out paragraph (1) for such fiscal year is less than $32,000,000; and (II) not more than $4,000,000. (B) Local educational agencies impacted by children who reside on Indian lands The amount of a payment to each local educational agency described in this subsection that is impacted by children who reside on Indian lands for a fiscal year shall be equal to— (i) (I) 40 percent of the amount appropriated under section 8014(e) for such fiscal year; divided by (II) the number of children described in section 8003(a)(1)(C) who were in average daily attendance for all local educational agencies described in paragraph (2); multiplied by (ii) the number of children determined for such agency; (I) but not less than $25,000, except that this subparagraph shall not apply if the amount available to carry out paragraph (1) for such fiscal year is less than $32,000,000; and (II) not more than $4,000, 000. ; and (2) in subsection (b)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking 60 percent 20 percent (B) in paragraph (3)— (i) in subparagraph (A), in the matter preceding clause (i), by inserting after an emergency grant under paragraph (2)(A) if the agency is covered by paragraph (7), or (ii) in subparagraph (C)(i)(I), by striking the agency meets at least one the number of children determined under section 8003(a)(1)(C) for the agency for the preceding school year constituted at least 40 percent of the total student enrollment in the schools of the agency during the preceding school year. (iii) by striking subclause (II) of subparagraph (D)(ii) and inserting the following: (II) The number of children determined under section 8003(a)(1)(C) for the school for the preceding school year constituted at least 40 percent of the total student enrollment in the school during the preceding school year. ; (C) in paragraph (4)(C), by striking (A), (B), (C), and (D) (A) and (C) (D) by redesignating paragraph (7) as paragraph (8); and (E) by inserting after paragraph (6) the following: (7) Special rule Notwithstanding paragraphs (3)(C)(i)(I) and (3)(D)(ii)(II), a local educational agency is eligible to receive a grant under this subsection not to exceed $4,000,000 in any one fiscal year if such agency— (A) was eligible to receive a payment under section 8003 for the fiscal year prior to the year for which the application is made; and (B) has had an overall increase in enrollment— (i) during the period between the end of the school year preceding the fiscal year for which the application is made and the beginning of the school year immediately preceding that school year; (ii) of not less than 250 students or 10 percent (whichever is lower), of children described in— (I) subparagraph (A), (B), (C), or (D) of section 8003(a)(1); or (II) subparagraph (F) or (G) of section 8003(a)(1), but only to the extent such children are civilian dependents of employees of the Department of Defense; and (iii) that is the direct result of one or more of the following: (I) Base realignment and closure or global rebasing, as determined by the Secretary of Defense. (II) Force structure changes or force reductions. (III) An action initiated by the Secretary of Interior or head of another Federal agency. . 6. State consideration of payments in providing State aid Section 8009 of that Act ( 20 U.S.C. 7709 (1) in subsection (b)— (A) in paragraph (1), by inserting before the period at the end the following: and for which the average per pupil expenditure is equal to or greater than the average per pupil expenditure of all the States in the third fiscal year preceding the fiscal year for which the State is applying for equalization under the section (B) by amending paragraph (2) to read as follows: (2) Computation (A) State currently qualifying For purposes of paragraph (1), a program of State aid for any State qualifying under this section for fiscal year 2006 equalizes expenditures among local educational agencies if, in the second fiscal year preceding the fiscal year for which the determination is made the amount of per-pupil expenditures made by, or per-pupil revenues available to, the local educational agency in the State with the highest such per-pupil expenditures or revenues did not exceed the amount of such per-pupil expenditures made by, or per-pupil revenues available to, the local educational agency in the State with the lowest such expenditures or revenues by more than 25 percent as calculated under subparagraph (B)(ii). (B) Other factors Notwithstanding regulations in effect prior to the enactment of this subparagraph, in making a determination under this subparagraph, the Secretary shall— (i) arrange all local educational agencies in the State by per-pupil expenditures or revenues in descending order from the highest to the lowest; (ii) using per-pupil expenditures or revenues as the only criteria disregard those local educational agencies that are spending above the 95th percentile and those spending below the 5th percentile; (iii) identify the local educational agency at the 95th percentile and the local educational agency at the 5th percentile; (iv) subtract the amount of per-pupil expenditures or revenues of the local educational agency at the 5th percentile from the amount of per-pupil expenditures or revenues of the local educational agency at the 95th percentile and divide the difference by the per-pupil expenditures or revenues of the local educational agency at the 5th percentile; and (v) take into account the extent to which a program of State aid reflects the additional cost of providing free public education in particular types of local educational agencies such as those that are geographically isolated, or to particular types of students, such as children with disabilities. (C) New States applicants (i) In general For purposes of paragraph (1), a program of State aid for any State equalizing under this section after fiscal year 2006 equalizes expenditures among local educational agencies if, in the second fiscal year preceding the fiscal year for which the determination is made, the amount of per-pupil expenditures made by, or per-pupil revenues available to, the local educational agency in the State with the highest such per-pupil expenditures or revenues did not exceed the amount of such per-pupil expenditures made by, or per-pupil revenues available to, the local educational agency in the State with the lowest such expenditures or revenues by more than 10 percent as calculated under clause (ii). (ii) Other factors In making a determination under this subparagraph, the Secretary, notwithstanding regulations in use prior to the enactment of the Local Taxpayer Relief Act (I) arrange all local educational agencies in the State by per pupil expenditures or revenues in descending order from the highest to the lowest; (II) using per-pupil expenditures or revenues as the only criteria disregard those local educational agencies that are spending above the 95th percentile and those spending below the 5th percentile; (III) identify the local educational agency at the 95th percentile and the local educational agency at the 5th percentile; (IV) subtract the amount of per-pupil expenditures or revenues of the local educational agency at the 5th percentile from the amount of per-pupil expenditures or revenues of the local educational agency at the 95th percentile and divide the difference by the per-pupil expenditures or revenues of the local educational agency at the 5th percentile; and (V) take into account the extent to which a program of State aid reflects the additional cost of providing free public education in particular types of local educational agencies, such as those that are geographically isolated, or to particular types of students, such as children with disabilities. ; and (2) in subsection (d)(2)— (A) by striking A State (A) In general A State ; and (B) by adding at the end of the following: (B) States that are not equalized states A State that has not been approved as an equalized State under subsection (b) shall not consider funds received under section 8002 or section 8003 of this title in any State formula or place a limit or direct the use of such funds or consider such funds. . 7. Timely payments Section 8010 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7710 (d) Timely payments (1) In general Subject to paragraph (2) the Secretary shall pay a local educational agency the full amount that the agency is eligible to receive under this title for a fiscal year not later than September 30 of the fiscal year following the fiscal year in which such amount has been appropriated if, not later than 1 calendar year following the fiscal year in which such amount has been appropriated, each local educational agency that is eligible to receive funds under this title for such fiscal year submits to the Secretary all the data and information necessary for the Secretary to pay the full amount that the agency is eligible to receive under this title for such fiscal year. (2) Payments with respect to fiscal years in which insufficient funds are appropriated For a fiscal year in which the amount appropriated under section 8014 is insufficient to pay the full amount a local educational agency is eligible to receive under this title, paragraph (1) shall be applied by substituting is available to pay the agency the agency is eligible to receive . 8. Definitions Section 8013 of that Act ( 20 U.S.C. 7713 (1) in paragraph (1) by striking and Marine Corps Marine Corps, and Coast Guard (2) in paragraph (4)— (A) in the first sentence thereof, by striking part A of title I and title VI title I and part A of title V (B) in the second sentence, by striking be determined be made (3) in paragraph (5)(A)— (A) in clause (ii)— (i) in subclause (IV), by striking ; or (ii) in subclause (V), by inserting or (iii) by adding at the end the following: (VI) exempt of taxation real property and personal property identified by a local governmental entity, including State government, if upon such property resides a child whose parents or guardians are certified to live on such property is considered to meet the eligibility requirements of section 151.4 of part 150 of subchapter H of title 25, Code of Federal Regulations; ; and (B) in clause (iii)— (i) by amending subsclause (II) to read as follows: (II) used to provide housing for homeless children at closed military installations pursuant to section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411); ; and (ii) by amending subclause (III) to read as follows: (III) used for affordable housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et.seq.); or ; (4) in paragraph (8)(A), by inserting commas before and after and verified by (5) in paragraph (9)— (A) by amending subparagraph (A) to read as follows: (A) In general Except as provided in subparagraph (B), the term local educational agency (i) means a board of education or other legally constituted local school authority having administrative control and direction of free public education in a county, township, independent school district, or other school district; and (ii) includes any State agency that directly operates and maintains facilities for providing free public education; and that except for those local educational agencies determined to be eligible to receive a payment under section 8003 prior to the date of the enactment of the Local Taxpayer Relief Act, when submitting an application under this title for the first time on or after the date of the enactment of such Act, has the authority to tax and has boundaries as defined by applicable State law for the purposes of levying such taxes, or has been granted the authority to receive an imputed tax from a city, county, township, or other general purpose political subdivision of a State. ; and (B) in subparagraph (B), in the matter preceding clause (i), by inserting a comma after Secretary determines 9. Authorization of appropriations Section 8014 of that Act ( 20 U.S.C. 7714 (1) in subsection (a), by striking $32,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years such sums as may be necessary for fiscal years 2014 through 2017 (2) in subsection (b), by striking $809,400,000 fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years such sums as may be necessary for fiscal years 2014 through 2017 (3) in subsection (c), by striking $50,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years such sums as may be necessary for fiscal years 2014 through 2017 (4) by redesignating subsection (e) as subsection (d); (5) in subsection (d) (as so redesignated by paragraph (4)), by striking $10,052,000 for fiscal year 2000 and such sums as may be necessary for fiscal year 2001, $150,000,000 for fiscal year 2002, and such sums as may be necessary for each of the five succeeding fiscal years such sums as may be necessary for fiscal years 2014 through 2017 (6) by redesignating subsection (f) as subsection (e); (7) in subsection (e) (as so designated by paragraph (6)), by striking $5,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years such sums as may be necessary for fiscal years 2014 through 2017 (8) by adding at the end of the following: (f) Allocation of dollars from previous fiscal years When final payments are made for a fiscal year the Secretary shall add any remaining funds to those funds appropriated for such section for the next fiscal year for the purpose of making payments subject to the provisions of the applicable section. . 10. Additional and conforming amendments (a) Subpart 20 of part d of title v Subpart 20 ( 20 U.S.C. 7281 et seq. (b) Title VIII Title VIII of Elementary and Secondary Education Act ( 20 U.S.C. 7701 et seq. (1) in section 8004 ( 20 U.S.C. 7704 (A) in subsection (e)(1)(B)(i), by striking involved, or if involved or, if (B) in subsection (f), by striking upon on (2) in section 8008(a) ( 20 U.S.C. 7708(a) section 8014(f) (3) in section 8010 ( 20 U.S.C. 7710 (A) in subsection (b), by striking require need (B) in subsection (c)(1)— (i) in subparagraph (A), by striking paragraph (3) (ii) in subparagraph (B), by striking paragraph (3) (4) in section 8011(a) (20 U.S.C. 7711 (a)), by striking or under of 1994)

Local Taxpayer Relief Act

Early Intervention for Graduation Success Act of 2013 - Amends the Elementary and Secondary Education Act of 1965 to revise provisions concerning programs to reduce school dropout rates and increase school reentry and secondary school graduation rates. Replaces the existing grant program with an early intervention for graduation success program awarding competitive, renewable, five-year early intervention grants to states and, through them, subgrants to partnerships between local educational agencies and early childhood education providers that serve a high percentage of students who bear the risk factors for dropping out of school. Requires state grantees to: (1) create and periodically update a research-based plan that addresses the factors associated with the risk of not graduating from high school; (2) provide technical assistance to subgrantees; and (3) assist subgrantees in accessing data from appropriate state agencies to identify and direct effective services to children, from birth through elementary school, who are at risk of not graduating from high school. Permits states to use grant funds to: (1) provide tuition assistance to students who agree to teach in an early childhood education program, (2) increase and monitor the quality of early childhood education, (3) design and implement a progression of aligned performance standards across all domains of learning from prekindergarten through postsecondary education, and (4) expand access to high-quality early childhood education for children most at risk of low proficiency in school. Requires subgrantees to: (1) use the data relevant to risk factors for non-graduation a made available by state agencies and other sources to implement research-based, individualized interventions for at-risk students; (2) develop and implement individual learning plans for each at-risk early childhood, elementary, and secondary school student; (3) provide teacher training; (4) integrate community and family support services; and (5) foster students' high expectations and improve their chances for academic success. Authorizes appropriations for FY2014-FY2019.

To amend the school dropout prevention program in the Elementary and Secondary Education Act of 1965. 1. Short title This Act may be cited as the Early Intervention for Graduation Success Act of 2013 2. Purpose Section 1802 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6552 1802. Purpose It is the purpose of this part— (1) to provide for effective strategies of early intervention for young children who have risk factors that are strongly associated with not graduating from high school; (2) to improve States’, school districts’, early childhood education providers', educators’, and communities’ capacity to provide effective services to children with such risk factors; (3) to prevent such risk factors from becoming intractable; and (4) to facilitate high expectations for achievement among our Nation’s young children. . 3. Authorization of appropriations Section 1803 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6553 1803. Authorization of appropriations For the purpose of carrying out this part, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years, of which— (1) not more than 5 percent shall be available to carry out subpart 1 for each fiscal year; and (2) not less than 95 percent shall be available to carry out subpart 2 for each fiscal year. . 4. Definitions Part H of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6551 et seq. 1804. Definitions In this part: (1) Early childhood education provider The term early childhood education provider (A) a program that provides for the care, development, and education of infants, toddlers, or young children ages 5 and younger that— (i) meets all applicable State and local government licensing, certification, approval, and registration requirements; and (ii) is operated by— (I) a program operated by a public school that is supported, sponsored, or administered by the local educational agency; (II) a Head Start or Early Head Start agency that receives financial assistance under the Head Start Act; (III) a nonprofit or community-based organization; or (IV) a child care program that receives funding under the Child Care and Development Block Grant Act of 1990; or (B) a consortium of the providers described in subparagraph (A). (2) Outcomes data The term outcomes data (A) objective and developmentally appropriate measures, if valid, reliable, and available, of— (i) preliteracy and premathematics skills; (ii) kindergarten readiness; (iii) reading and numeracy skills; (iv) proficiency on State academic performance standards; (v) attendance; (vi) discipline referrals; and (vii) suspensions; and (B) other such applicable measures of student success. (3) Postsecondary education The term postsecondary education (4) Quality rating and improvement system The term quality rating and improvement system (A) has a series of levels or tiers leading to nationally recognized high-quality program standards for early childhood education programs; (B) addresses staff qualifications, professional development, program standards, family engagement, and program environment; (C) provides financial and technical assistance to programs to achieve and sustain higher levels of quality; and (D) provides information to families and the public on the rating of programs that is accessible to all families. (5) State The term State . 5. National activities Section 1811(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6555(b) (1) in paragraph (1)(B), by striking eligible schools States and partnerships of local educational agencies and early childhood education providers (2) in paragraph (2), by striking eligible schools States and partnerships of local educational agencies and early childhood education providers (3) in paragraph (3)— (A) by striking school State, local educational agency, or early childhood education provider (B) by striking within the eligible school district or nationally among States, local educational agencies, and early childhood education providers (4) by striking paragraph (4). 6. School dropout prevention initiative Subpart 2 of part H of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6561 et seq.) is amended to read as follows: 2 School dropout prevention initiative 1821. Program authorized (a) In general (1) Grants authorized (A) In general From the amount appropriated under section 1803 for a fiscal year, the Secretary shall establish an early intervention for graduation success program through which the Secretary shall award grants, on a competitive basis, to States to support activities as described in this subpart. (B) Duration Grants awarded under this section shall be 5 years in duration. (2) Priority In awarding grants under this section, the Secretary shall give— (A) priority to the 10 States that have the lowest averaged freshman graduation rates, as compiled by the National Center for Education Statistics; and (B) additional priority, if applicable, to any such State that has 1 or more subgroup of students, as described in section 1111(b)(2)(C)(v)(II), who have the lowest averaged freshman graduation rate in the United States. (b) Use of grant funds Grant funds awarded under this subsection shall be used to fund effective, sustainable, and coordinated school dropout prevention activities as described in section 1825. 1822. Applications (a) In general To receive— (1) a grant under this subpart, a State shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require; and (2) a subgrant under this subpart, a partnership of 1 or more local educational agencies and 1 or more early childhood education providers shall submit an application to the State at such time, in such manner, and accompanied by such information as the State may reasonably require. (b) Contents Each application submitted under subsection (a) shall— (1) include a plan— (A) describing the applicant's strategy for increasing the State educational agency or local educational agency's averaged freshman graduation rate in accordance with the activities described in section 1825(b) and how the strategies will serve the students who have risk factors for not graduating; (B) that addresses how the purpose described in section 1802 will be carried out by the applicant; and (C) for assessing the effectiveness of the efforts described in the plan; (2) describe a budget and timeline for implementing the strategies; (3) contain evidence of coordination with existing resources, including a State Advisory Council on Early Childhood Education and Care designated or established pursuant to section 642B(b)(1)(A) of the Head Start Act ( 42 U.S.C. 9837b(b)(1)(A) (4) describe how the applicant may use local, State, and other Federal funds for school dropout prevention and reentry programs, or, as appropriate, programs intended to increase students' readiness for school or academic proficiency; (5) describe how the activities conform with evidence-based practices about school dropout prevention; and (6) provide an assurance that the grantee will maintain the privacy of student and family data. (c) Partnerships A partnership described in subsection (a)(2) that desires to receive a subgrant under this subpart shall include in its application information on the identity of the partner that will be the fiscal agent and what percentage of subgrant funds will be provided to each member of the partnership to collaborate in planning and providing services to at-risk students with the following entities, as appropriate: (1) Community and cultural organizations. (2) Relevant Indian tribes and tribal organizations. (3) Institutions of higher education (including Tribal Colleges and Universities) and job training providers. (4) Parent organizations. (5) Social services organizations. (6) Organizations that provide service learning, tutoring, mentoring, and other supportive services to youth. (7) Homeless and foster youth advocates. (8) Advocates for students with disabilities. (9) Entities that engage in postsecondary education outreach and support. (10) Educational service agencies. (11) Organizations that provide professional development. (12) Other entities as appropriate and available. 1823. State reservation A State that receives a grant under this subpart may reserve not more than 5 percent of the grant funds for administrative costs related to activities described under this subpart. 1824. Reporting and accountability (a) Partnership reports To receive funds under this subpart for a fiscal year after the first fiscal year that a partnership described in subsection (a)(2) receives funds under this subpart, the partnership subgrantee shall provide, on an annual basis, a report regarding the status of the implementation of activities funded under this subpart, and an evaluation of the effectiveness of such activities for students at schools assisted under this subpart to the State, disaggregated by the subgroups described in section 1111(b)(2)(C)(v)(II). (b) State report on program activities Each State receiving funds under this subpart shall provide to the Secretary, at such time and in such format as the Secretary may require, information on the status of the implementation of activities funded under this subpart and outcomes data for students in schools assisted under this subpart. (c) Accountability The Secretary shall evaluate the effectiveness of the activities assisted under this subpart using rigorous evaluation methodologies, including, if feasible, control group studies. The Secretary may use funds appropriated for subpart 1 to carry out this evaluation. (d) Dissemination The Secretary shall make public and widely disseminate State reports described under subsection (b) and the evaluation described under subsection (c) in a manner that protects the privacy of individuals. 1825. Early intervention grants (a) In general (1) Renewable grants (A) Awarding and renewing grants The Secretary shall award grants to States to carry out the activities described in this section. The Secretary may renew such grants for a period of not more than an additional 5 years for States with satisfactory annual performance reports in each of the preceding 5 years, to expand or improve, or both, the activities described in this section. (B) Match in grants that have been renewed A State that receives a grant that has been renewed under subparagraph (A) shall contribute to the activities assisted under such grant matching funds in an amount equal to not less than 50 percent of the amount of the grant. Such matching funds may be provided in cash or in-kind. (2) Dropout early warning system A State that receives a grant under this section may set aside grant funds, in addition to the State reservation described in section 1823 to assist partnerships to access data elements from multiple State agencies as described in subsection (b)(1)(A)(iii). (3) Subgrants (A) In general A State that receives a grant under this section shall award subgrants to partnerships of local educational agencies and early childhood education providers that have high percentages of students with risk factors associated with low graduation rates, as described in subsection (b)(1)(A)(ii)(I). (B) Priority In awarding subgrants under subparagraph (A), a State may give priority to partnerships of local educational agencies and early childhood education providers based on the percentage of children served with risk factors associated with low graduation rates and actual low high school graduation rates, as appropriate. (C) Size of subgrants and ability to sustain programs In awarding subgrants under subparagraph (A), a State shall ensure that— (i) the subgrants are of sufficient size so as to allow the subgrantee to plan and implement an effective program; and (ii) an entity awarded a subgrant under this paragraph has the capacity to sustain the program after the Federal grant ends. (b) Activities (1) State activities (A) Required activities A State that receives a grant under this section shall carry out the following: (i) Statewide Graduation Success plan The State, if it has not previously done so, shall create and periodically update a research-based plan to increase graduation rates of high-risk students that includes effective strategies to address the factors associated with the risk of not graduating from high school in that State. The plan shall address risk factors associated with children from birth through grade 12. The State shall provide an opportunity for educators, parents, students, tribes, relevant agencies and organizations, and community members to provide comments during the development or updating of the Statewide plan. In developing the plan, the State shall coordinate proposed activities with the State Advisory Council on Early Childhood Education and Care designated or established pursuant to section 642B(b)(1)(A) of the Head Start Act ( 42 U.S.C. 9837b(b)(1)(A) (ii) Technical assistance The State shall provide technical assistance to subgrantees, to the extent practicable. (iii) Access to State agency information (I) In general The State shall assist subgrantees to access data elements from appropriate State agencies to identify, ensure services are provided to, and analyze the effectiveness of such services designed to serve, children at risk for not graduating from high school, from birth through elementary school, at minimum, who— (aa) have a parent who receives assistance under— (AA) the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 (BB) the temporary assistance for needy families program under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. (CC) the Medicaid program under title XIX of the Social Security Act; (bb) are homeless or are in foster care; (cc) are children with disabilities or have other cognitive, physical, or emotional disabilities; (dd) are children who are limited English proficient; (ee) were born to a teen mother who has low educational attainment, if such data are available; (ff) have been retained in prekindergarten or retained for a grade or more in elementary school; (gg) have consistently poor attendance; (hh) have low proficiency on statewide reading or mathematics assessments; (ii) have preschool expulsion or school suspensions or other measures of school behavior problems; (jj) have been denied entry, at the legal age, to kindergarten; (kk) are under the supervision of a child services agency due to parental neglect or abuse; (ll) have a parent in jail or in substance abuse treatment; or (mm) have other indicators appropriate to the State to inform activities undertaken as part of the State's plan to increase graduation rates among at-risk children. (II) Information available The information made available pursuant to this clause shall be available to authorized users employed by the State educational agency, the State agency or agencies that administer funds for child care, the State Head Start Director, and, where applicable, the State early learning coordinator, subgrantee partnerships described in subsection (a)(2), and, as necessary, researchers employed by or under contract with such entities to evaluate the effectiveness of the grants. (III) Privacy The use of the data and information made available pursuant to this clause shall be carried out in a manner consistent with section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 42 U.S.C. 1320d–2 (IV) Predictions The State may provide data necessary to analyze which risk factors are most predictive of the likelihood of students dropping out of school and analyzing the efficacy of interventions. (B) Permissible activities A State that receives a grant under this section may use the grant funds for any of the following: (i) Early childhood educator tuition assistance (I) In general The State may provide not more than 50 percent of the cost of attendance per year for an individual to receive an associate's degree or a 4-year degree in early childhood education to enable such individual to teach in or be qualified personnel employed by— (aa) a program funded under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.); (bb) a program funded under the Head Start Act ( 42 U.S.C. 9831 et seq. (cc) an infant learning program; (dd) a program funded under part C of the Individuals with Disabilities Education Act; (ee) a preschool program funded by a State or local educational agency; or (ff) a special education early childhood certification program. (II) Agreement to teach in early childhood program (aa) In general An individual who receives assistance under subclause (I) shall agree to teach in an early childhood education program for— (AA) not less than 3 years if the individual receives an associate's degree in early childhood education; or (BB) not less than 5 years if the individual receives a 4-year degree in early childhood education. (bb) Documentation An individual who receives assistance under subclause (I) shall annually provide documentation to the State showing that such service has been performed. Such notification shall be provided in such form and manner as the State may reasonably require. (III) Repayment An individual who receives assistance under subclause (I) and does not complete the service requirement described in subclause (II), or who notifies the State that the individual intends not to complete such service requirement, shall repay to the State a prorated amount of such assistance that reflects the amount of the service requirement not completed, together with interest, at a rate specified by the State in the agreement. (IV) Waiver or reduction The State may waive or reduce the requirement under subclause (III) if the State determines that compliance with such service requirement represents a substantial hardship— (aa) because the individual is permanently and totally disabled at the time of the waiver request; or (bb) based on documentation presented of substantial economic or personal hardship. (V) Supplement not supplant Assistance under this clause may not supplant Federal financial aid programs for which the individual is otherwise eligible, including TEACH Grants under subpart 9 of part A of title IV of the Higher Education Act of 1965 or any other Federal loan or grant for which the individual is otherwise eligible. (ii) Increase and monitor early childhood program quality (I) Program quality standards The State may— (aa) develop, implement, or improve a quality rating and improvement system; and (bb) provide information obtained pursuant to item (aa) to the public in an easily accessible and understandable format, including in languages spoken by parents within the community. (II) Correlating success (aa) In general The State may— (AA) gather data regarding students’ participation in early childhood education programs and the quality of those programs, and the students' subsequent level of success in elementary school grades and the quality of such elementary schools; and (BB) correlate the data to evaluate the continuum of effectiveness of such programs in preparing students to attain and sustain academic proficiency and, as appropriate, in reducing risk factors associated with dropping out of school. (bb) Correlation in conjunction with other systems The correlation under item (aa) shall work in conjunction with the early childhood outcomes indicator data systems developed under section 619 and part C of the Individuals with Disabilities Education Act, and, as practicable, a quality rating and improvement system or other systems that the State may have developed to evaluate outcomes for children. (iii) P– 20 The State may carry out activities directly related to the design and implementation of a progression of aligned performance standards, across all domains of learning, for prekindergarten through grade 12 and postsecondary education. (iv) Expand access The State may expand access to high-quality early childhood education for children most at risk of low proficiency in school. (2) Partnership activities (A) Required activities A partnership described in subsection (a)(2) that receives a subgrant under this section shall carry out both of the following: (i) Analyze data The partnership shall analyze data made available by State agencies and other sources relevant to risk factors for non-graduation and use the data to implement research-based, individualized interventions for at-risk students. (ii) Individual learning plans (I) In general The partnership shall develop and implement individual learning plans for each at-risk early childhood, elementary, and secondary school student, which shall include a description of how subgrant program partners will implement services. Such plans shall be updated not less frequently than annually and forwarded to the next school of enrollment. (II) Waiver A partnership may apply to the State to be considered to have complied with the requirement under subclause (I) by developing and implementing individual learning plans for those students who are most at-risk if sufficient funds are not provided to develop and implement thorough and meaningful plans for each student who has a risk factor described in items (aa) through (ll) of paragraph (1)(A)(iii)(I) and if the partnership has prioritized providing services to children in early learning and elementary schools. (III) Distinction from IEPs Individual learning plans developed under this clause are distinct from individualized education programs developed under the Individuals with Disabilities Education Act. (IV) No entitlement The development or implementation of an individual learning plan under this clause does not confer an entitlement to services. (B) Choice of activities A partnership described in subsection (a)(2) that receives a subgrant under this section shall carry out at least 1 activity from each of the following clauses as part of the partnership's plan to increase the graduation rates of students for whom individual learning plans have been developed. (i) Professional development (I) Provide teacher mentors for those teachers who are in their first 3 years of teaching or who have been recommended for mentoring by their supervisor or principal, and who do not have such mentors. (II) Provide effective, researched-based professional development for teachers serving students for whom individual learning plans have been developed, including children with disabilities, and program professionals under section 619 or part C of the Individuals with Disabilities Education Act, to— (aa) provide effective, differentiated instruction; (bb) develop or improve family engagement and communication skills and strategies; (cc) integrate subjects such as the arts, physical education, and history into reading, writing, and mathematics instruction; (dd) use data to inform instruction; (ee) implement research-based interventions for at-risk students; and (ff) support children's social, emotional, and physical development. (III) Train principals in effective— (aa) developmentally appropriate instructional practices and support for teachers and other staff in using such practices; (bb) leadership qualities and skills necessary to increase student achievement; (cc) early intervention for at-risk children; (dd) curricula alignment from prekindergarten through the attainment of a baccalaureate degree; (ee) implementation of effective and ongoing communication between community-based early childhood education providers and school staff; and (ff) enhancement of family engagement practices and opportunities. (IV) Include staff of partner agencies and specialized instructional support personnel who are involved in implementing the grant in all appropriate training to ensure that all members of the team have all appropriate skills to implement the coordinated program. (V) Establish partnerships with institutions of higher education, or other qualified agencies, to conduct professional development or induction programs focused on increasing classroom teachers’ ability to use multiple types of assessments to individualize instruction for students with disabilities. (ii) Community integration and support services (I) Integrate community student support services, such as before- and after-school programs, health and wellness programs, social services, family engagement and communication activities, counseling, positive behavioral intervention and support programs, anti-bullying programs, community assets development, social-emotional learning programs, and transportation to break down barriers to individual student success. (II) Provide research-based parent training, involvement, and engagement activities. (III) Hire a culturally competent liaison for each partner school or program to coordinate communication and integrated, individualized services to the families of all at-risk students. (IV) Engage educators, families, community organizations, tribes and tribal organizations, businesses, faith communities, and students in building sustainable networks of community engagement and school improvement. (V) Keep schools open before and after school hours, on school holidays and during the summer for organized, safe, and engaging activities designed to increase academic proficiency, improve school climate, and improve students’ health and wellness. (iii) High expectations and support for academic achievement (I) Reinforce high expectations and goal setting by introducing students, in an age-appropriate way, to professions and trades, expanding access to age-appropriate career and technical education, and exposing students and parents to institutions of higher education and Federal student aid options. (II) Provide research-based, effective on-site tutoring and enrichment opportunities to at-risk students. (III) Improve school climate, promote social-emotional learning, and increase school connectedness. (IV) Ensure that the curriculum is aligned to State standards, is relevant to the needs and interests of students, and promotes high expectations. (V) Implement research-based activities designed to increase the literacy, numeracy, and self-regulation skills of preschool and elementary school children. (c) Evaluations (1) Partnership evaluations (A) In general Each State shall use outcomes data to evaluate each partnership subgrantee to which the State awards a subgrant under this section to determine the effectiveness of the program funded under this subpart. Such evaluation shall include an analysis of activities that are most and least effective in keeping students on track to graduate. (B) Evaluations to the secretary Each State shall send a report on the evaluations conducted under subparagraph (A) to the Secretary. (2) State evaluations The Secretary shall evaluate the effectiveness of programs implemented by each State that receives a grant under this section. (3) Reports to congress (A) In general The Secretary shall provide an annual report 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 that— (i) describes the activities carried out by States awarded grants under this section; and (ii) provides an analysis of which interventions are most and least effective in ensuring that students remain on track to graduate on time from high school. (B) Dissemination The Secretary shall disseminate the reports described in subparagraph (A) to all States and to the public through the website of the Department. .

Early Intervention for Graduation Success Act of 2013

Safety for Our Schoolchildren Act of 2013 - Requires states and local educational agencies (LEAs): (1) to obtain an FBI background check on individuals prior to offering them employment as school employees; and (2) if the check identifies them as sexual predators, to report their application to local law enforcement. Prohibits states or LEAs from hiring individuals as: (1) school employees if they have been convicted of a crime of violence or other felony; or (2) school bus drivers if they have been convicted of, or pled guilty to, drunk driving or a serious moving violation. Withholds funds available to states for planning and administration and to LEAs as subgrants under part A of title II (Preparing, Training, and Recruiting High Quality Teachers and Principals) of the Elementary and Secondary Education Act of 1965, if they violate such prohibitions or fail to take such actions.

To require all public school employees and those employed in connection with a public school to receive FBI background checks prior to being hired, and for other purposes. 1. Short title This Act may be cited as the Safety for Our Schoolchildren Act of 2013 2. Background checks for public school employees (a) In general Title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7101 et seq. D Background checks for public school employees 4401. Definitions (a) Crime of violence The term crime of violence section 924(c)(3) (b) Drunk driving The term drunk driving (c) FBI background check The term FBI background check 42 U.S.C. 13041 (d) School employee The term school employee (1) an employee of a local educational agency or State educational agency who works in a public school or has a job duty that results in exposure to students, including administrators, teachers, substitute teachers, custodians, cafeteria workers, and school bus drivers; and (2) an employee of a company, or a subsidiary of a company, that has a contract with a local educational agency or State educational agency who works in a public school or has a job duty that results in exposure to students. (e) Serious moving violation The term serious moving violation (f) Sexual predator The term sexual predator 4402. Background checks for public school employees (a) In general A local educational agency or State educational agency that receives Federal funds shall obtain an FBI background check on an individual prior to making an offer of employment as a school employee with such agency to such individual. (b) Prohibition against employment of felons or violent criminals A local educational agency or State educational agency that receives Federal funds may not make an offer of employment to an individual for a position as a school employee with such agency if such individual has been convicted of a crime of violence or other felony. (c) Reporting sexual predators A local educational agency or State educational agency that receives information from an FBI background check that an individual who has applied for employment with such agency as a school employee is a sexual predator shall report to local law enforcement that such individual has so applied. (d) Transportation A local educational agency or State educational agency that receives Federal funds may not make an offer of employment to an individual for a position as a school bus driver if such individual has been convicted of, or pled guilty to, drunk driving or a serious moving violation. 4403. Loss of Federal funds for failure to comply (a) State educational agencies (1) In general If a State educational agency fails to take an action required under this part or takes an action prohibited under this part for— (A) 6 months or less, the Secretary shall withhold from such agency 50 percent of the amount of funds such agency has allocated for planning and administrative use under section 2113(d); and (B) longer than 6 months but not longer than 12 months, the Secretary shall withhold from such agency 100 percent of the amount of funds such agency has allocated for planning and administrative use under section 2113(d). (2) Loss of title II administrative funds If a State educational agency fails to take an action required under this part or takes an action prohibited under this part for longer than 12 months, the Secretary shall withhold from such agency the amount of funds such agency has allocated for planning and administrative use under title II. (3) Prohibition against reallocation (A) In general A State educational agency that fails to take an action under this part or takes an action prohibited under this part as described in paragraph (1) or (2) may not reallocate Federal funds provided for teacher development under title II for planning and administrative use by the agency. (B) Penalty The Secretary shall withhold all Federal funds under title II to a State educational agency if such agency reallocates funds as prohibited under subparagraph (A) until such agency restores the funds for teacher development. (b) Local educational agencies If a local educational agency fails to take an action required under this part or takes an action prohibited under this part, the local educational agency shall not be eligible to receive a subgrant or any additional funds under section 2121. . (b) Conforming amendments The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 4304 the following: Part D—Background checks for public school employees Sec. 4401. Definitions. Sec. 4402. Background checks for public school employees. Sec. 4403. Loss of Federal funds for failure to comply. .

Safety for Our Schoolchildren Act of 2013

Educational Accountability and State Flexibility Act of 2013 - Revises and reauthorizes programs under title I (Improving the Academic Achievement of the Disadvantaged) of the Elementary and Secondary Education Act of 1965 (ESEA). Amends the school improvement program under part A of title I of the ESEA to eliminate the requirement that local educational agencies (LEAs) and schools make adequate yearly progress toward state academic content and achievement standards. Requires states to adopt challenging academic content and achievement standards for mathematics, reading or language arts, and science that ensure that their high school graduates who are deemed proficient are fully prepared to succeed in higher education, job training, or work. Requires states to implement a set of high-quality assessments of student progress toward those standards that: (1) involve multiple measures of student achievement; (2) measure the overall performance of students in each public school and the performance of their poor, minority, disabled, and limited English proficient student subgroups; and (3) are used as the primary means of determining the yearly performance of each of their schools. Allows states to adopt alternative assessments for students with significant cognitive disabilities. Requires each state to establish a multi-tiered accountability system that places each public school in a tier that reflects, at a minimum, the state's annual assessment of the extent to which each student at the school is: (1) proficient on state standards or is making satisfactory progress in attaining such proficiency, and (2) on track to graduate from high school on time. (Replaces the current system of assessing schools as needing improvement, corrective action, or restructuring due to their failure to make adequate yearly progress for a specified number of years.) Requires, at a minimum, distinct tiers for schools that: (1) have met the state standards, (2) have not met those standards for up to two student subgroups but that are making satisfactory progress in doing so, (3) have not met those standards for a significant number of student subgroups and are not showing satisfactory progress in meeting the standards or improving the subgroups' graduation rates within the time frame required by the state plan, and (4) have not met the state standards for a significant number of subgroups and are showing little or no improvement. Lists the minimum consequences for schools placed into each of these tiers, ranging from requiring states to recognize successful schools to requiring LEAs to implement alternative school governance models or school improvement strategies based on a specified system of support model. Requires students in the lowest tiered schools who did not meet or exceed the proficient level on the most recent state assessment in mathematics or in reading or language arts to be provided with supplemental educational services. Allows the LEAs serving such schools to provide those students with the option to transfer to a higher-performing school served by the LEA, if that option is not prohibited by state law. Denies the Secretary of Education any authority to approve or disapprove a state's multi-tiered accountability system. Allows states that received a waiver of statutory or regulatory requirements under the ESEA before this Act's enactment to implement the school improvement program set forth in the waiver or implement a school improvement program that meets this Act's requirements. Requires states and LEAs to consult with representatives of Indian tribes and Native organizations within their jurisdiction in implementing their school improvement programs. Includes American Indian, Alaska Native, and Native Hawaiian children as children eligible for services under targeted assistance programs that direct school improvement funds toward the children in a school who are failing or most at risk of failing. Requires each school and LEA receiving school improvement funds to establish mechanisms to overcome barriers to effective Indian, Alaska Native, and Native Hawaiian parental involvement in their children's education. Eliminates the requirement that teachers be highly qualified, requiring instead that they be deemed highly effective in accordance with state standards. Requires teachers and paraprofessionals to meet state standards for certification or licensure, knowledge of the subject matter being taught, and competency in assisting students to meet or make satisfactory progress toward meeting state academic achievement standards. Repeals the definition of "highly qualified" teachers. Repeals the programs under subparts 1 (Reading First), 2 (Early Reading First), and 3 (William F. Goodling Even Start Family Literacy Programs) of part B (Student Reading Skills Improvement Grants) of the ESEA.

To amend part A of title I of the Elementary and Secondary Education Act of 1965. 1. Short title This Act may be cited as the Educational Accountability and State Flexibility Act of 2013 2. Improving the academic achievement of the disadvantaged (a) Purpose authorization, and school improvement funds Sections 1001 through 1003 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. 1001. Statement of purpose The purpose of this title is to ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education and reach, at a minimum, proficiency on challenging State academic achievement standards and State academic assessments. This purpose can be accomplished by— (1) ensuring that high-quality academic assessments, accountability systems, teacher preparation and training, curriculum, and instructional materials are aligned with challenging State academic standards so that students, teachers, parents, and administrators can measure progress against common expectations for student academic achievement; (2) meeting the educational needs of low-achieving children in our Nation’s highest-poverty schools, limited English proficient children, migratory children, children with disabilities, Indian, Alaska Native and Native Hawaiian children, neglected or delinquent children, and young children in need of reading assistance; (3) closing the achievement gap between high- and low-performing children, especially the achievement gaps between minority and nonminority students, and between disadvantaged children and their more advantaged peers; (4) holding schools, local educational agencies, and States accountable for improving the academic achievement of all students, and identifying and turning around low-performing schools that have failed to provide a high-quality education to their students, while providing alternatives to students in such schools to enable the students to receive a high-quality education; (5) distributing and targeting resources sufficiently to make a difference to local educational agencies and schools where needs are greatest; (6) improving and strengthening accountability, teaching, and learning by using State assessment systems designed to ensure that students are meeting challenging State academic achievement and content standards and increasing achievement overall, but especially for the disadvantaged; (7) providing greater decisionmaking authority and flexibility to schools and teachers in exchange for greater responsibility for student performance; (8) providing children an enriched and accelerated educational program, including the use of schoolwide programs or additional services that increase the amount and quality of instructional time; (9) promoting schoolwide reform and ensuring the access of children to effective, scientifically based instructional strategies and challenging academic content; (10) significantly elevating the quality of instruction by providing staff in participating schools with substantial opportunities for professional development; (11) coordinating services under all parts of this title with each other, with other educational services, and, to the extent feasible, with other agencies providing services to youth, children, and families; and (12) affording parents substantial and meaningful opportunities to participate in the education of their children. 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 necessary for fiscal years 2014 through 2019. (b) Improving literacy through school libraries For the purpose of carrying out subpart 4 of part B, there are authorized to be appropriated $250,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years. (c) Education of migratory children For the purpose of carrying out part C, there are authorized to be appropriated $410,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years. (d) Prevention and intervention programs for youth who are neglected, delinquent, or at risk For the purpose of carrying out part D, there are authorized to be appropriated $50,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years. (e) Federal activities (1) Sections 1501 and 1502 For the purpose of carrying out sections 1501 and 1502, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years. (2) Section 1504 (A) In general For the purpose of carrying out section 1504, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and for each of the 5 succeeding fiscal years. (B) Special rule Of the funds appropriated pursuant to subparagraph (A), not more than 30 percent may be used for teachers associated with students participating in the programs described in subsections (a)(1), (b)(1), and (c)(1). (f) Comprehensive school reform For the purpose of carrying out part F, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years. (g) Advanced placement For the purposes of carrying out part G, there are authorized to be appropriated such sums for fiscal year 2014 and each 5 succeeding fiscal year. (h) School dropout prevention For the purpose of carrying out part H, there are authorized to be appropriated $125,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years, of which— (1) up to 10 percent shall be available to carry out subpart 1 of part H for each fiscal year; and (2) the remainder shall be available to carry out subpart 2 of part H for each fiscal year. (i) School improvement For the purpose of carrying out section 1003(g), there are authorized to be appropriated $500,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years. 1003. School improvement (a) State reservations Each State shall reserve 4 percent of the amount received under subpart 2 of part A for fiscal years 2014 through 2019, to carry out subsection (b) and to carry out the State’s responsibilities under sections 1116 and 1117, including carrying out the State educational agency’s statewide system of technical assistance and support for local educational agencies. (b) Uses Of the amount reserved under subsection (a) for any fiscal year, the State educational agency— (1) shall allocate not less than 95 percent of that amount directly to local educational agencies for schools identified by the State in a tier described in paragraph (2), (3), or (4) of section 1116(c); or (2) may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision through other entities such as school support teams or educational service agencies. (c) Priority The State educational agency, in allocating funds to local educational agencies under this section, shall give priority to local educational agencies that— (1) serve the lowest-achieving schools; (2) demonstrate the greatest need for such funds; and (3) demonstrate the strongest commitment to ensuring that such funds are used to enable the lowest-achieving schools to meet or make satisfactory progress toward meeting State standards, in accordance with section 1111(b)(2). (d) Unused funds If, after consultation with local educational agencies in the State, the State educational agency determines that the amount of funds reserved to carry out subsection (b) is greater than the amount needed to provide the assistance described in that subsection, the State educational agency shall allocate the excess amount to local educational agencies in accordance with— (1) the relative allocations the State educational agency made to those agencies for that fiscal year under subpart 2 of part A; or (2) section 1126(c). (e) Special rule Notwithstanding any other provision of this section, the amount of funds reserved by the State educational agency under subsection (a) in any fiscal year shall not decrease the amount of funds each local educational agency receives under subpart 2 below the amount received by such local educational agency under such subpart for the preceding fiscal year. (f) Reporting The State educational agency shall make publicly available a list of those schools that have received funds or services pursuant to subsection (b) and the percentage of students from each school from families with incomes below the poverty line. (g) Assistance for local school improvement (1) Program authorized The Secretary shall award grants to States to enable the States to provide subgrants to local educational agencies for the purpose of providing assistance for school improvement consistent with section 1116. (2) State allotments Such grants shall be allotted among States, the Bureau of Indian Education, and the outlying areas, in proportion to the funds received by the States, the Bureau of Indian Education, and the outlying areas, respectively, for the fiscal year under parts A, C, and D of this title. The Secretary shall expeditiously allot a portion of such funds to States for the purpose of assisting local educational agencies identified under section 1116(c)(3) and schools that were identified under paragraph (1), (6), or (7) of section 1116(b) on the day preceding the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (3) Reallocations If a State does not receive funds under this subsection, the Secretary shall reallocate such funds to other States in the same proportion funds are allocated under paragraph (2). (4) State applications Each State educational agency that desires to receive funds under this subsection shall submit an application to the Secretary at such time, and containing such information, as the Secretary shall reasonably require, except that such requirement shall be waived if a State educational agency submitted such information as part of its State plan under this part. Each State application shall describe how the State educational agency will allocate such funds in order to assist the State educational agency and local educational agencies in complying with the requirements of section 1116. (5) Local educational agency grants A grant to a local educational agency under this subsection shall be— (A) of sufficient size and scope to support the activities required under sections 1116 and 1117, but not less than $50,000 and not more than $500,000 for each participating school; (B) integrated with other funds awarded by the State under this Act; and (C) renewable for two additional 1-year periods if schools are meeting their goals, as determined by the State in accordance with section 1116. (6) Priority The State, in awarding such grants, shall give priority to local educational agencies with the lowest-achieving schools that demonstrate— (A) the greatest need for such funds; and (B) the strongest commitment to ensuring that such funds are used to provide adequate resources to enable the lowest-achieving schools to meet the requirements of section 1116. (7) Allocation A State educational agency that receives a grant under this subsection shall allocate at least 95 percent of the grant funds directly to local educational agencies for schools identified by the State as being in a tier described in paragraph (2), (3), or (4) of section 1116(c) to carry out activities described in such section, or may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision through other entities such as school support teams or educational service agencies. (8) Administrative costs A State educational agency that receives a grant award under this subsection may reserve not more than 5 percent of such grant funds for administration, evaluation, and technical assistance expenses. (9) Local awards Each local educational agency that applies for assistance under this subsection shall describe how it will provide the lowest-achieving schools the resources necessary to assist such schools to meet or make satisfactory progress toward meeting State standards, in accordance with sections 1111 and 1116. . (b) Basic program requirements and State accountability system Sections 1111 through 1119 of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 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, in consultation with local educational agencies, teachers, principals, pupil services personnel, administrators (including administrators of programs described in other parts of this title), other staff, parents, and representatives of tribes and Native organizations located in the State, that satisfies the requirements of this section and that is coordinated with other programs under this Act (including the comprehensive program plans described in section 7114), the Individuals with Disabilities Education Act, the Carl D. Perkins Career and Technical Education Act of 2006, the Head Start Act, the Adult Education and Family Literacy Act, and the McKinney-Vento Homeless Assistance Act. (2) Special rule Notwithstanding paragraph (1), a State that has received a waiver under the Secretary's authority under section 9401 before the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (3) Consolidated plan A State plan submitted under paragraph (1) may be submitted as part of a consolidated plan under section 9302. (b) Academic standards, academic assessments, and accountability (1) Challenging academic standards (A) In general Each State plan shall demonstrate that the State has adopted challenging academic content standards and challenging student academic achievement standards that will be used by the State, its local educational agencies, and its schools to carry out this part, except that a State shall not be required to submit such standards to the Secretary. (B) Same standards The academic standards required by subparagraph (A) shall be the same academic standards that the State applies to all schools and children in the State. (C) Subjects The State shall have such academic standards for all public elementary school and secondary school children, including children served under this part, in subjects determined by the State, but including at least mathematics, reading or language arts, and science, which shall include the same knowledge, skills, and levels of achievement expected of all children. (D) Challenging academic standards Standards under this paragraph shall include— (i) challenging academic content standards in academic subjects that— (I) specify what children are expected to know and be able to do; (II) contain coherent and rigorous content; and (III) encourage the teaching of advanced skills; and (ii) challenging student academic achievement standards that— (I) are aligned with the State’s academic content standards; (II) are aligned with the academic coursework at public institutions of higher education in the State, relevant career and technical education standards, and appropriate career skills as determined appropriate by the State; (III) describe two levels of high achievement (proficient and advanced) that determine how well children are mastering the material in the State academic content standards; (IV) describe a third level of achievement (basic) to provide complete information about the progress of the lower-achieving children toward mastering the proficient and advanced levels of achievement; and (V) will prepare a student who graduates from secondary school and who has been determined to be proficient, to succeed without the need for remediation at a public institution of higher education, job training, or work. (E) Information For the subjects in which students will be served under this part, but for which a State is not required by subparagraphs (A), (B), and (C) to develop, and has not otherwise developed, such academic standards, the State plan shall describe a strategy for ensuring that students are taught the same knowledge and skills in such subjects and held to the same expectations as are all children. (F) 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 Educational Accountability and State Flexibility Act of 2013 (2) Accountability (A) In general Each State plan shall demonstrate that the State has developed and is implementing a single, statewide State accountability system that will be effective in ensuring that all local educational agencies, public elementary schools, and public secondary schools meet or make satisfactory progress toward meeting State standards as defined under this paragraph. Each State accountability system shall— (i) be based on the academic standards and academic assessments adopted under paragraphs (1) and (3), and other academic indicators consistent with subparagraph (C)(vi) and (vii), and shall take into account the achievement of all public elementary school and secondary school students; (ii) be the same accountability system the State uses for all public elementary schools and secondary schools or all local educational agencies in the State, except that public elementary schools, secondary schools, and local educational agencies not participating under this part are not subject to the requirements of section 1116; and (iii) include recognition for schools that meet or are making satisfactory progress toward meeting State standards and assistance for schools that do not meet or make satisfactory progress toward meeting State standards as described in section 1116. (B) Meeting or making satisfactory progress toward meeting State standards (i) In general Each State plan shall demonstrate, based on academic assessments described in paragraph (3) and other indicators the State may adopt (as described in clause (ii)) and in accordance with this paragraph, what constitutes meeting, or making satisfactory progress toward meeting, State standards for all public elementary schools, secondary schools, and local educational agencies in the State, in order to enable all public elementary school and secondary school students to meet the State’s student academic achievement standards, while working toward the goal of narrowing the achievement gaps in the State, local educational agencies, and schools. (ii) Additional indicators If a State chooses to adopt additional indicators to be used in the determination regarding meeting State standards, the State shall include a description of such indicators in the State plan. (C) Definition The term meeting State standards (i) applies the same high standards of academic achievement to all public elementary school and secondary school students in the State; (ii) is statistically valid and reliable; (iii) results in continuous and substantial academic improvement for all students; (iv) measures the progress of public elementary schools, secondary schools, and local educational agencies and the State based primarily on the academic assessments described in paragraph (3) and other factors the State may adopt, in accordance with subparagraph (B); (v) includes separate measurable annual objectives for continuous and substantial improvement for each of the following: (I) The achievement of all public elementary school and secondary school students. (II) The achievement of— (aa) economically disadvantaged students; (bb) students from major racial and ethnic groups; (cc) students with disabilities; and (dd) students with limited English proficiency; except that disaggregation of data under subclause (II) 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; (vi) in accordance with subparagraph (D), includes graduation rates for public secondary school students (defined as the percentage of students who graduate from secondary school with a regular diploma in the standard number of years or, for students who are children with disabilities, within the time allotted by the Individuals with Disabilities Education Act) and at least one other academic indicator, as determined by the State for all public elementary school students; and (vii) in accordance with subparagraph (D), at the State’s discretion, may also include other academic indicators, as determined by the State for all public school students, measured separately for each group described in clause (v), such as achievement on additional State or locally administered assessments, decreases in grade-to-grade retention rates, attendance rates, and changes in the percentages of students completing gifted and talented, advanced placement, and college preparatory courses. (D) Requirements for other indicators In carrying out subparagraph (C)(vi) and (vii), the State— (i) shall ensure that the indicators described in those provisions are valid and reliable, and are consistent with relevant, nationally recognized professional and technical standards, if any; and (ii) except as provided in subparagraph (I)(i), may not use those indicators to reduce the number of, or change, the schools that would otherwise not meet or make satisfactory progress toward meeting State standards under section 1116 if those additional indicators were not used, but may use them to identify additional schools for school improvement. (E) Timeline Each State shall establish a timeline for students in each subgroup described in subparagraph (C)(v)(II) in each school to meet or make substantial gains toward meeting State standards. (F) Measurable objectives Each State shall establish statewide annual measurable objectives, pursuant to subparagraph (C)(v), for meeting the requirements of this paragraph, and which— (i) shall be set separately for the assessments of mathematics and reading or language arts under paragraph (3); (ii) shall be the same for all schools and local educational agencies in the State; (iii) shall identify a single minimum percentage of students who are required to meet or exceed the proficient level on the academic assessments that applies separately to each group of students described in subparagraph (C)(v); (iv) shall ensure that all students will meet or exceed the State’s proficient level of academic achievement on the State assessments within the State’s timeline under subparagraph (F); and (v) may be the same for more than 1 year, subject to the requirements of subparagraph (H). (G) Intermediate goals for meeting State standards Each State shall establish intermediate goals for meeting the requirements, including the measurable objectives in subparagraph (F), of this paragraph. Each State shall determine the rate of satisfactory progress toward meeting State standards that is acceptable. A State may require schools to— (i) increase proficiency rates by 50 percent for every subgroup described in subparagraph (C)(v) over a period of 6 years; (ii) increase proficiency in annual increments that result in 100 percent proficiency for all students in 6 years; or (iii) use another method that is educationally sound and results in ambitious but achievable progress toward ensuring that all students are prepared to succeed in college, job training, or work. (H) Annual improvement for schools Each year, the State shall determine whether— (i) each group of students described in subparagraph (C)(v) has met or exceeded the objectives set by the State under subparagraph (F), except that if any group described in subparagraph (C)(v) does not meet those objectives in any particular year, the school shall be considered to have met State standards if students in that group who did not meet or exceed the proficient level of academic achievement on the State assessments under paragraph (3) for that year have made at least one year’s academic progress or have made substantial gains in meeting State standards, as determined by the State in accordance with this paragraph; and (ii) not less than 95 percent of each group of students described in subparagraph (C)(v) who are enrolled in the school are required to take the assessments, consistent with paragraph (3)(C)(xi) and with accommodations, guidelines, and alternative assessments provided in the same manner as those provided under section 612(a)(16)(A) of the Individuals with Disabilities Education Act and paragraph (3), on which meeting State standards is based (except that the 95 percent requirement described in this clause shall not apply in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student). (I) Uniform averaging procedure For the purpose of determining whether schools are meeting or making satisfactory progress toward meeting State standards, the State may establish a uniform procedure for averaging data which includes one or more of the following: (i) The State may average data from the school year for which the determination is made with data from one or two school years immediately preceding that school year. (ii) Until the assessments described in paragraph (3) are administered in such manner and time to allow for the implementation of the uniform procedure for averaging data described in clause (i), the State may use the academic assessments that were required under paragraph (3) as that paragraph was in effect on the day preceding the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (J) Accountability for charter schools The accountability provisions under this Act shall be overseen for charter schools in accordance with State charter school law. (K) No approval required The State is not required to receive the approval of the Secretary for a State plan under this paragraph. (3) 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, yearly student academic assessments that include, at a minimum, academic assessments in mathematics, reading or language arts, and science that will be used as the primary means of determining the yearly performance of the State and of each local educational agency and school in the State in enabling all children to meet the State’s challenging student academic achievement standards. (B) Use of assessments Each State educational agency may incorporate the data from the assessments under this paragraph into a State-developed longitudinal data system that links student test scores, length of enrollment, graduation records over time, and other data as the State may determine to be appropriate. (C) Requirements Such assessments shall— (i) be the same academic assessments used to measure the achievement of all children, except for those students with significant cognitive disabilities for whom an alternative assessment would be appropriate; (ii) be aligned with the State’s challenging academic content and student academic achievement standards, and provide coherent information about student attainment of such standards; (iii) be used for purposes for which such assessments are valid and reliable, and be consistent with relevant, nationally recognized professional and technical standards; (iv) be used only if the State educational agency provides to the Secretary evidence from the test publisher or other relevant sources that the assessments used are of adequate technical quality for each purpose required under this Act and are consistent with the requirements of this section, and such evidence is made public by the Secretary upon request; (v) measure the achievement of all students against the challenging State academic content and student academic achievement standards in science and be administered not less than one time during— (I) grades 3 through 5; (II) grades 6 through 9; and (III) 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; (vii) measure the achievement of all students against the challenging State academic content and student academic achievement standards in each of grades 3 through 8 in, at a minimum, mathematics, and reading or language arts; (viii) at the discretion of the State, measure the proficiency of students in academic subjects not described in clauses (v), (vi), (vii) in which the State has adopted challenging academic content and academic achievement standards; (ix) provide for— (I) the participation in such assessments of all students; (II) the valid and reliable adaptations and accommodations necessary for students who are children with disabilities to measure the academic achievement of such students relative to State academic content and State student academic achievement standards; and (III) the inclusion of limited English proficient students, who shall be assessed in a valid and reliable manner and provided reasonable accommodations on assessments administered to such students under this paragraph, including, to the extent practicable, assessments in the language and form most likely to yield accurate data on what such students know and can do in academic content areas, until such students have achieved English language proficiency as determined under paragraph (7); (x) notwithstanding clause (ix)(III), the academic assessment of reading or language arts, mathematics, and science shall be in English, 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, 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; (xi) include students who have attended schools in a local educational agency for a full academic year but have not attended a single school for a full academic year, except that the performance of students who have attended more than 1 school in the local educational agency in any academic year shall be used only in determining the progress of the local educational agency; (xii) produce individual student interpretive, descriptive, and diagnostic reports, consistent with clause (iii) that allow parents, teachers, and principals to understand and address the specific academic needs of students, and include information regarding achievement on academic assessments aligned with State academic achievement standards, and that are provided to parents, teachers, and principals, as soon as is practicably possible after the assessment is given, in an understandable and uniform format, and to the extent practicable, in a language that parents can understand; (xiii) enable results to be disaggregated within each State, local educational agency, and school by gender, by each major racial and ethnic group, by English proficiency status, by migrant status, by students with disabilities as compared to nondisabled students, and by economically disadvantaged students as compared to students who are not economically disadvantaged, except that, in the case of a local educational agency or a school, 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; (xiv) be consistent with widely accepted professional 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; and (xv) enable itemized score analyses to be produced and reported, consistent with clause (iii), to local educational agencies and schools, so that parents, teachers, principals, and administrators can interpret and address the specific academic needs of students as indicated by the students’ achievement on assessment items. (4) Special rule Academic assessment measures in addition to those in paragraph (3) that do not meet the requirements of such paragraph may be included in the assessment under paragraph (3) as additional measures, but may not be used in lieu of the academic assessments required under paragraph (3). Such additional assessment measures may not be used to reduce the number of or change the schools that would otherwise be determined to have not met State standards under section 1116 if such additional indicators were not used, but may be used to identify additional such schools. (5) State authority If neither a State educational agency nor any other State government official, agency, or entity has sufficient authority, under State law, to adopt curriculum content and student academic achievement standards, and academic assessments aligned with such academic 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— (A) 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 (B) adopting and implementing policies that ensure that each local educational agency in the State that receives grants under this part will adopt curriculum content and student academic achievement 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. (6) Language assessments Each State plan shall identify the languages other than English that are present in the participating student population and indicate the languages for which yearly student academic assessments are not available and are needed. The State shall make every effort to develop such assessments and may request assistance from the Secretary, an institution of higher education, tribes, or other entities, if linguistically accessible academic assessment measures are needed. Upon request, the Secretary shall assist with the identification of appropriate academic assessment measures in the needed languages, but shall not mandate a specific academic assessment or mode of instruction. (7) Academic assessments of english language proficiency Each State plan shall demonstrate that local educational agencies in the State will provide for an annual assessment of English proficiency (measuring students’ oral language, reading, and writing skills in English) of all students with limited English proficiency in the schools served by the State educational agency. (8) Requirement Each State plan shall describe— (A) how the State educational agency will assist each local educational agency and school affected by the State plan to develop the capacity to comply with each of the requirements of sections 1112(c)(1)(D), 1114(b), and 1115(c) that is applicable to such agency or school; (B) how the State educational agency will assist each local educational agency and school affected by the State plan to provide additional educational assistance to individual students assessed as needing help to achieve the State’s challenging academic achievement standards; (C) the specific steps the State educational agency will take to ensure that both schoolwide programs and targeted assistance schools provide instruction by highly effective instructional staff as required by sections 1114(b)(1)(C) and 1115(c)(1)(E), including steps that the State educational agency will take to ensure that poor and minority children are not taught at higher rates than other children by inexperienced, unqualified, or out-of-field teachers, and the measures that the State educational agency will use to evaluate and publicly report the progress of the State educational agency with respect to such steps; (D) an assurance that the State educational agency will assist local educational agencies in developing or identifying high-quality effective curricula aligned with State academic achievement standards and how the State educational agency will disseminate such curricula to each local educational agency and school within the State; and (E) such other factors the State educational agency determines appropriate to provide students an opportunity to achieve the knowledge and skills described in the challenging academic content standards adopted by the State. (9) Use of academic assessment results to improve student academic achievement Each State plan shall describe how the State educational agency will ensure that the results of the State assessments described in paragraph (3)— (A) will be promptly provided to local educational agencies, schools, and teachers, and to tribes and Native organizations that provide educational services to American Indian or Alaska Natives in a manner that is clear and easy to understand, but not later than before the beginning of the next school year; and (B) be used by those local educational agencies, schools, and teachers to improve the educational achievement of individual students. (c) Other provisions to support teaching and learning Each State plan shall contain assurances that— (1) the State educational agency will meet the requirements of subsection (g)(1) and, will produce the annual State report cards described in such subsection; (2) the State will participate in biennial State academic assessments of 4th and 8th grade reading and mathematics under the National Assessment of Educational Progress carried out under section 303(b)(2) of the National Assessment of Educational Progress Authorization Act if the Secretary pays the costs of administering such assessments; (3) the State educational agency, in consultation with the Governor, will include, as a component of the State plan, a plan to carry out the responsibilities of the State under sections 1116 and 1117, including carrying out the State educational agency’s statewide system of technical assistance and support for local educational agencies; (4) the State educational agency will work with other agencies, including educational service agencies or other local consortia, and institutions to provide technical assistance to local educational agencies and schools, including technical assistance in providing professional development under section 1119, technical assistance under section 1117, and technical assistance relating to parental involvement under section 1118; (5) (A) where educational service agencies exist, the State educational agency will consider providing professional development and technical assistance through such agencies; and (B) where educational service agencies do not exist, the State educational agency will consider providing professional development and technical assistance through other cooperative agreements such as through a consortium of local educational agencies; (6) the State educational agency will notify local educational agencies and the public of the content and student academic achievement standards and academic assessments developed under this section, and of the authority to operate schoolwide programs, and will fulfill the State educational agency’s responsibilities regarding school improvement under section 1116, including such corrective actions as are necessary; (7) 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; (8) the State educational agency will inform the Secretary and the public of how Federal laws, if at all, hinder the ability of States to hold local educational agencies and schools accountable for student academic achievement; (9) the State educational agency will encourage schools to consolidate funds from other Federal, State, and local sources for schoolwide reform in schoolwide programs under section 1114; (10) 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 for schoolwide programs under section 1114; (11) the State educational agency has involved the committee of practitioners established under section 1903(b) in developing the plan and monitoring its implementation; (12) the State educational agency will inform local educational agencies in the State of the local educational agency’s authority to transfer funds under title VI, to obtain waivers under part D of title IX, and, if the State is an Ed-Flex Partnership State, to obtain waivers under the Education Flexibility Partnership Act of 1999; (13) the State educational agency will coordinate activities funded under this part with other Federal activities as appropriate; (14) the State educational agency will encourage local educational agencies and individual schools participating in a program assisted under this part to offer family literacy services (using funds under this part), if the agency or school determines that a substantial number of students served under this part by the agency or school have parents who do not have a secondary school diploma or its recognized equivalent or who have low levels of literacy; and (15) the State educational agency has engaged in timely and meaningful consultation with representatives of Indian tribes and Native organizations that may be located in the State in the development of the State plan to serve local educational agencies under its jurisdiction in order to improve the coordination of activities under this Act, to meet the purpose of this title, and to meet the unique cultural, language, and educational needs of American Indian, Alaska Native, and Native Hawaiian students. (d) Parental involvement Each State plan shall describe how the State educational agency will support the collection and dissemination to local educational agencies and schools of effective parental involvement practices. Such practices shall— (1) be based on the most current research that meets the highest professional and technical standards, on effective parental involvement that fosters achievement to high standards for all children; and (2) be geared toward lowering barriers to greater participation by parents in school planning, review, and improvement experienced. (e) Peer review (1) Secretarial duties The Secretary shall— (A) establish a peer-review process to assist in the review of State plans; and (B) appoint individuals to the peer-review process who are representative of parents, teachers, State educational agencies, and local educational agencies, and, where applicable, representatives of tribes or tribal organizations who are familiar with educational standards, assessments, accountability, the needs of low-performing schools, and other educational needs of students. (2) Peer review report The peer review panel will provide their views on whether the State’s plan complies with the requirements of this section and the degree to which it is likely to improve the academic achievement of all students to the Secretary and to the State. The Secretary shall make the peer review panel’s report public and shall provide copies to the Committee on Health, Education Labor, and Pensions of the Senate and the Education and Workforce Committee of the House of Representatives. (3) Approval The Secretary shall approve a State plan within 120 days of its submission unless the Secretary determines that the State has not included all required information in its plan. (4) Opportunity to revise If the Secretary determines that the State has not included all required information in its State plan, the Secretary shall offer the State the opportunity to revise its plan. A State educational agency shall revise its State plan to include all required information in order to receive funds under subpart 2. (5) Limits to Secretary's power The Secretary shall not have the authority to disapprove how the State plans to fulfill the requirements of this section, nor shall the Secretary have the authority to require a State, as a condition of approval, funding, or priority for funding under this Act, to include or delete from the State plan 1 or more elements associated with the State’s standards, curriculum, or assessments. (f) Duration of the plan (1) In general Each State plan shall— (A) remain in effect for the duration of the State’s participation under this part; and (B) 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. (2) Additional information If significant changes are made to a State’s plan, such as the adoption of new State academic content standards and State student achievement standards, new academic assessments, or a new definition of meeting State standards, such information shall be submitted to the Secretary. The Secretary shall have no authority to approve or disapprove such changes. (g) Reports (1) Annual State report card (A) In general A State that receives assistance under this part shall prepare and disseminate an annual State report card to the public. (B) Implementation The State report card shall be— (i) concise; and (ii) presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents and the community can understand. (C) Required information The State shall include in its annual State report card— (i) a clear and concise description of the State’s accountability system, including a description of the criteria by which the State evaluates school performance, and the criteria that the State has established, consistent with subsection (b)(2) and section 1116, to determine the status of schools in the State's multi-tiered system; (ii) information, in the aggregate, on student achievement at each proficiency level on the State academic assessments described in subsection (b)(3) (disaggregated by race, ethnicity, gender, disability status, migrant status, English proficiency, and status as economically disadvantaged, 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); (iii) information that provides a comparison between the actual achievement levels of each group of students described in subsection (b)(2)(C)(v) and the State’s annual measurable objectives for each such group of students on each of the academic assessments required under this part; (iv) the percentage of students not tested (disaggregated by the same categories and subject to the same exception described in clause (i)); (v) the most recent 2-year trend in student achievement in each subject area, and for each grade level, for which assessments under this section are required; (vi) aggregate information on any other indicators used by the State to determine whether students have met or are making satisfactory progress toward meeting State standards; (vii) graduation rates for secondary school students consistent with subsection (b)(2)(C)(vi); (viii) information on the performance of local educational agencies and schools in the State regarding whether such agencies and schools have met or are making satisfactory progress toward meeting State standards, including the names of each school identified in each tier under section 1116(c); and (ix) the professional qualifications of teachers in the State, the percentage of such teachers teaching with emergency or provisional credentials, and the percentage of classes in the State not taught by highly effective teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools which, for the purpose of this clause, means schools in the top quartile of poverty and the bottom quartile of poverty in the State. (D) Optional information The State may include in its annual State report card other information as the State believes will best provide parents, students, and other members of the public with information regarding the progress of each of the State’s public elementary schools and public secondary schools, such as the following: (i) School attendance rates. (ii) Average class size in each grade. (iii) Academic achievement and gains in English proficiency of limited English proficient students. (iv) The incidence of school violence, drug abuse, alcohol abuse, student suspensions, and student expulsions. (v) The extent and type of parental involvement in the schools. (vi) The percentage of students completing advanced placement or dual enrollment courses, and the rate of passing of advanced placement tests. (2) Annual local educational agency report cards to the public (A) Report cards A local educational agency that receives assistance under this part shall prepare and disseminate an annual local educational agency report card. (B) Minimum requirements The State educational agency shall ensure that each local educational agency collects appropriate data and includes in the local educational agency’s annual report card the information described in paragraph (1)(C) as applied to the local educational agency and each school served by the local educational agency, and— (i) in the case of a local educational agency— (I) the number and percentage of schools identified in each tier under section 1116(c) and how long the schools have been so identified; and (II) information that shows how students served by the local educational agency achieved on the statewide academic assessment compared to students in the State as a whole; and (ii) in the case of a school— (I) the tier the school is in under section 1116; and (II) information that shows how the school’s students achievement on the statewide academic assessments and other indicators of meeting State standards compared to students in the local educational agency and the State as a whole. (C) Other information A local educational agency may include in its annual local educational agency report card any other appropriate information, whether or not such information is included in the annual State report card. (D) Data A local educational agency or school shall only include in its annual local educational agency report card data that are sufficient to yield statistically reliable information, as determined by the State, and that do not reveal personally identifiable information about an individual student. (E) Public dissemination The local educational agency shall publicly disseminate the information described in this paragraph to all schools in the school district served by the local educational agency and to all parents of students attending those schools in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand, and make the information widely available through public means, such as posting on the Internet, distribution to the media, and distribution through public agencies, except that if a local educational agency issues a report card for all students, the local educational agency may include the information under this section as part of such report. (3) Preexisting report cards A State educational agency or local educational agency 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 Educational Accountability and State Flexibility Act of 2013 (4) Annual State report to the secretary Each State educational agency receiving assistance under this part shall report annually to the Secretary, and make widely available within the State— (A) information on the achievement of students on the academic assessments required by subsection (b)(3), including the disaggregated results for the categories of students identified in subsection (b)(2)(C)(v); (B) information on the acquisition of English language proficiency by children with limited English proficiency; (C) the number and names of each school in the tiers described in paragraphs (2), (3), and (4) of section 1116(c), the reason why each school was so identified, and the measures taken to address the achievement problems of such schools; (D) the number of students and schools that participated in public school choice and supplemental service programs and activities under this title; and (E) information on the quality of teachers and the percentage of classes being taught by highly effective teachers in the State and in each local educational agency and school. (5) Report to congress The Secretary shall transmit annually to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that provides national and State-level data on the information collected under paragraph (4). (6) Parents right-to-know (A) Qualifications At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student’s classroom teachers, including, at a minimum, the following: (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 baccalaureate degree major of the teacher and any other graduate certification or degree held by the teacher, and the field of discipline of the certification or degree. (iv) Whether the child’s teacher is highly effective under the definition adopted by the State. (v) 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 information on the level of achievement of the parent’s child in each of the State academic assessments as required under this part. (C) Format The notice and information provided to parents under this paragraph shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. (h) Privacy Information collected under this section shall be collected and disseminated in a manner that protects the privacy of individuals. (i) Technical assistance The Secretary shall provide a State educational agency, at the State educational agency’s request, technical assistance in meeting the requirements of this section. (j) Voluntary partnerships A State may enter into a voluntary partnership with another State to develop and implement the academic assessments and standards required under this section. (k) Construction Nothing in this part shall be construed to prescribe the use of the academic assessments described in this part for student promotion or graduation purposes. (l) Special rule with respect to bureau-funded schools In determining the assessments to be used by each operated or funded by BIA school receiving funds under this 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 is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Carl D. Perkins Career and Technical Education Act of 2006, the McKinney-Vento Homeless Assistance Act, and other Acts, as appropriate. (2) Consolidated application The plan may be submitted as part of a consolidated application under section 9305. (b) Plan provisions (1) In general In order to help low-achieving children meet challenging achievement academic standards, each local educational agency plan shall include— (A) a description of high-quality student academic assessments, if any, that are in addition to the academic assessments described in the State plan under section 1111(b)(3), that the local educational agency and schools served under this part will use— (i) to determine the success of children served under this part in meeting the State student academic achievement standards, and to provide information to teachers, parents, and students on the progress being made toward meeting the State student academic achievement standards described in section 1111(b)(1)(D)(ii); (ii) to assist in diagnosis, teaching, and learning in the classroom in ways that best enable low-achieving children served under this part to meet State student achievement academic standards and do well in the local curriculum; (iii) to determine what revisions are needed to projects under this part so that such children meet the State student academic achievement standards; and (iv) to identify effectively students who may be at risk for reading failure or who are having difficulty reading, through the use of screening, diagnostic, and classroom-based instructional reading assessments, as defined under section 1208; (B) at the local educational agency’s discretion, a description of any other indicators that will be used in addition to the academic indicators described in section 1111(b)(2) for the uses described in such section; (C) a description of how the local educational agency will provide additional educational assistance to individual students assessed as needing help in meeting the State’s challenging student academic achievement standards; (D) a description of the strategy the local educational agency will use to coordinate programs under this part with programs under title II to provide professional development for teachers and principals, and, if appropriate, pupil services personnel, administrators, parents and other staff, including local educational agency level staff in accordance with sections 1118 and 1119; (E) a description of how the local educational agency will coordinate and integrate services provided under this part with other educational services at the local educational agency or individual school level, such as— (i) Head Start and other preschool programs, including plans for the transition of participants in such programs to local elementary school programs; and (ii) services for— (I) children with limited English proficiency, (II) children with disabilities; (III) migratory children; (IV) neglected or delinquent youth; (V) American Indian, Alaska Native, and Native Hawaiian children; (VI) homeless children; and (VII) immigrant children, in order to increase program effectiveness, eliminate duplication, and reduce fragmentation of the instructional program; (F) an assurance that the local educational agency will participate, if selected, in the State National Assessment of Educational Progress in 4th and 8th grade reading and mathematics carried out under section 303(b)(2) of the National Assessment of Educational Progress Authorization Act; (G) a description of the poverty criteria that will be used to select school attendance areas under section 1113; (H) a description of how teachers, in consultation with parents, administrators, and pupil services personnel, in targeted assistance schools under section 1115, will identify the eligible children most in need of services under this part; (I) a general description of the nature of the programs to be conducted by such agency’s schools under sections 1114 and 1115 and, where appropriate, educational services outside such schools for children living in local institutions for neglected or delinquent children, and for neglected and delinquent children in community day school programs; (J) a description of how the local educational agency will ensure that migratory children and formerly migratory children who are eligible to receive services under this part are selected to receive such services on the same basis as other children who are selected to receive services under this part; (K) if appropriate, a description of how the local educational agency will use funds under this part to support preschool programs for children, particularly children participating in a Head Start program, which services may be provided directly by the local educational agency or through a subcontract with the local Head Start agency designated by the Secretary of Health and Human Services under section 641 of the Head Start Act, or another comparable public early childhood development program; (L) a description of the actions the local educational agency will take to assist its low-achieving schools identified in the tiers described in paragraphs (2), (3), and (4) of section 1116(c); (M) a description of the actions the local educational agency will take to implement public school choice and supplemental services, if applicable, consistent with the requirements of section 1116(c); (N) a description of how the local educational agency will meet the requirements of section 1119; (O) a description of the services the local educational agency will provide homeless children, including services provided with funds reserved under section 1113(c)(3)(A); (P) a description of the strategy the local educational agency will use to implement effective parental involvement under section 1118; (Q) where appropriate, a description of how the local educational agency will use funds under this part to support after school (including before school and summer school) and school-year extension programs; and (R) where applicable, a description of the procedure that the local educational agency will use to engage in timely, ongoing, and meaningful consultation with representatives of Indian tribes and Native organizations located in the area served by the local educational agency, in the development of the local plan in order to improve the coordination of activities under this Act, to meet the purposes of this title, and to meet the unique cultural, language, and educational needs of American Indian, Alaska Native, and Native Hawaiian students. (2) Exception The academic assessments and indicators described in subparagraphs (A) and (B) of paragraph (1) shall not be used— (A) in lieu of the academic assessments required under section 1111(b)(3) and other State academic indicators under section 1111(b)(2); or (B) to reduce the number of, or change which, schools would otherwise be identified in the tiers described in paragraphs (2), (3), or (4) of section 1116(c), if such additional assessments or indicators described in such subparagraphs were not used, but such assessments and indicators may be used to identify additional schools for school improvement. (c) Assurances (1) In general Each local educational agency plan shall provide assurances that the local educational agency will— (A) inform eligible schools and parents of schoolwide program authority and the ability of such schools to consolidate funds from Federal, State, and local sources; (B) provide technical assistance and support to schoolwide programs; (C) work in consultation with schools as the schools develop the schools’ plans pursuant to section 1114 and assist schools as the schools implement such plans or undertake activities pursuant to section 1115 so that each school can meet, or make satisfactory progress toward meeting, State standards; (D) fulfill such agency’s school improvement responsibilities under section 1116, including taking actions under subsections (c), (d), and (f) of section 1116; (E) provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1120, and timely and meaningful consultation with private school officials regarding such services; (F) take into account the experience of model programs for the educationally disadvantaged, and the findings of relevant scientifically based research indicating that services may be most effective if focused on students in the earliest grades at schools that receive funds under this part; (G) in the case of a local educational agency that chooses to use funds under this part to provide early childhood development services to low-income children below the age of compulsory school attendance, ensure that such services comply with the education performance standards in effect under section 641A(a)(1)(B) of the Head Start Act or the State’s early learning standards; (H) work in consultation with schools as the schools develop and implement their plans or activities under sections 1118 and 1119; (I) comply with the requirements of section 1119 regarding the qualifications of teachers and paraprofessionals and professional development; (J) inform eligible schools of the local educational agency’s authority to obtain waivers on the school’s behalf under title IX and, if the State is an Ed-Flex Partnership State, to obtain waivers under the Education Flexibility Partnership Act of 1999; (K) coordinate and collaborate, to the extent feasible and necessary as determined by the local educational agency, with the State educational agency, other agencies, and representatives of Indian tribes and Native organizations present in the area served providing services to children, youth, and families with respect to a school that has been identified in a tier described in paragraph (2), (3), or (4) of section 1116(c) if such a school requests assistance from the local educational agency in addressing major factors that have significantly affected student achievement at the school; (L) ensure, through incentives for voluntary transfers, the provision of professional development, recruitment programs, or other effective strategies, that low-income students and minority students are not taught at higher rates than other students by unqualified, out-of-field, or inexperienced teachers; (M) use the results of the student academic assessments required under section 1111(b)(3), and other measures or indicators available to the agency, to review annually the progress of each school served by the agency and receiving funds under this part to determine whether all of the schools are meeting or making satisfactory progress toward meeting State standards as determined by the State; (N) ensure that the results from the academic assessments required under section 1111(b)(3) will be provided to parents and teachers as soon as is practicably possible after the test is taken, in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand; (O) assist each school served by the agency and assisted under this part in developing or identifying examples of high-quality, effective curricula consistent with section 1111(b)(8)(D); and (P) engage in timely and meaningful consultation with representatives of Indian tribes and Native organizations located in the area served by the local educational agency. (2) Special rule In carrying out subparagraph (G) of paragraph (1), the Secretary— (A) shall consult with the Secretary of Health and Human Services and shall establish procedures (taking into consideration existing State and local laws, and local teacher contracts) to assist local educational agencies to comply with such subparagraph; and (B) shall disseminate to local educational agencies the education performance standards in effect under section 641A(a)(1)(B) of the Head Start Act, and such agencies affected by such subparagraph shall plan for the implementation of such subparagraph (taking into consideration existing State and local laws, and local teacher contracts), including pursuing the availability of other Federal, State, and local funding sources to assist in compliance with such subparagraph. (d) Plan development and duration (1) Consultation Each local educational agency plan shall be developed in consultation with teachers, principals, administrators (including administrators of programs described in other parts of this title), other appropriate school personnel, representatives of local Indian tribes and Native organizations located in the area served by the local educational agency, and parents of children in schools served under this part. (2) Duration Each such plan shall be submitted for the first year for which this part is in effect following the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (3) Review Each local educational agency shall periodically review and, as necessary, revise its plan. (e) State approval (1) In general Each local educational agency plan shall be filed according to a schedule established by the State educational agency. (2) Approval The State educational agency shall approve a local educational agency’s plan only if the State educational agency determines that the local educational agency’s plan— (A) enables schools served under this part to substantially help children served under this part meet the academic standards expected of all children described in section 1111(b)(1); and (B) meets the requirements of this section. (3) Review The State educational agency shall review the local educational agency’s plan to determine if such agencies activities are in accordance with sections 1118 and 1119. (f) Program responsibility The local educational agency plan shall reflect the shared responsibility of schools, teachers, and the local educational agency in making decisions regarding activities under sections 1114 and 1115. (g) Parental notification (1) Notice Each local educational agency using funds under this part to provide a language instruction educational program as determined in part C of title III shall, not later than 30 days after the beginning of the school year, inform a parent or parents of a limited English proficient child identified for participation or participating in, such a program of— (A) the reasons for the identification of their child as limited English proficient and in need of placement in a language instruction educational program; (B) the child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement; (C) the methods of instruction used in the program in which their child is, or will be participating, and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction; (D) how the program in which their child is, or will be participating, will meet the educational strengths and needs of their child; (E) how such program will specifically help their child learn English, and meet age-appropriate academic achievement standards for grade promotion and graduation; (F) the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for limited English proficient children, and the expected rate of graduation from secondary school for such program if funds under this part are used for children in secondary schools; (G) in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child; (H) information pertaining to parental rights that includes written guidance— (i) detailing— (I) the right that parents have to have their child immediately removed from such program upon their request; and (II) the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and (ii) assisting parents in selecting among various programs and methods of instruction, if more than one program or method is offered by the eligible entity. (2) Notice The notice and information provided in paragraph (1) to a parent or parents of a child identified for participation in a language instruction educational program for limited English proficient children shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. (3) Special rule applicable during the school year For those children who have not been identified as limited English proficient prior to the beginning of the school year the local educational agency shall notify parents within the first 2 weeks of the child being placed in a language instruction educational program consistent with paragraphs (1) and (2). (4) Parental participation Each local educational agency receiving funds under this part shall implement an effective means of outreach to parents of limited English proficient students to inform the parents regarding 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 challenging State academic achievement standards and State academic content standards expected of all students, including holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this part. (5) Basis for admission or exclusion A student shall not be admitted to, or excluded from, any Federally assisted education program on the basis of a surname or language-minority status. 1113. Eligible school attendance areas (a) Determination (1) In general A local educational agency shall use funds received under this part only in eligible school attendance areas. (2) Eligible school attendance areas For the purposes of this part— (A) the term school attendance area (B) the term eligible school attendance area (3) Ranking order If funds allocated in accordance with subsection (c) are insufficient to serve all eligible school attendance areas, a local educational agency shall— (A) annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent from highest to lowest according to the percentage of children from low-income families; and (B) serve such eligible school attendance areas in rank order. (4) Remaining funds If funds remain after serving all eligible school attendance areas under paragraph (3), a local educational agency shall— (A) 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 (B) serve such eligible school attendance areas in rank order either within each grade-span grouping or within the local educational agency as a whole. (5) Measures The local educational agency shall use the same measure of poverty, which measure shall be the number of children ages 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act, the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or the number of children eligible to receive medical assistance under the Medicaid program, or a composite of such indicators, with respect to all school attendance areas in the local educational agency— (A) to identify eligible school attendance areas; (B) to determine the ranking of each area; and (C) to determine allocations under subsection (c). (6) Exception This subsection shall not apply to a local educational agency with a total enrollment of less than 1,000 children. (7) Waiver for desegregation plans The Secretary may approve a local educational agency’s written request for a waiver of the requirements of subsections (a) and (c), 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— (A) the number of economically disadvantaged children enrolled in the school is at least 25 percent of the school’s total enrollment; and (B) 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. (b) Local educational agency discretion (1) In general Notwithstanding subsection (a)(2), a local educational agency may— (A) designate as eligible any school attendance area or school in which at least 35 percent of the children are from low-income families; (B) 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; (C) 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 (D) 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 1120A(c); (ii) the school is receiving supplemental funds from other State or local sources that are spent according to the requirements of section 1114 or 1115; and (iii) the funds expended from such other sources equal or exceed the amount that would be provided under this part. (2) Special rule Notwithstanding paragraph (1)(D), 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). (c) Allocations (1) In general A local educational agency shall allocate funds received under this part to eligible school attendance areas or eligible schools, identified under subsections (a) and (b), in rank order, on the basis of the total number of children from low-income families in each area or school. (2) Special rule (A) In general Except as provided in subparagraph (B), the per-pupil amount of funds allocated to each school attendance area or school under paragraph (1) 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 paragraph shall not apply to a local educational agency that only serves schools in which the percentage of such children is 35 percent or greater. (B) Exception A local educational agency may reduce the amount of funds allocated under subparagraph (A) for a school attendance area or school by the amount of any supplemental State and local funds expended in that school attendance area or school for programs that meet the requirements of section 1114 or 1115. (3) Reservation A local educational agency shall reserve such funds as are necessary under this part to provide services comparable to those provided to children in schools funded under this part to serve— (A) homeless children who do not attend participating schools, including providing educationally related support services to children in shelters and other locations where children may live; (B) children in local institutions for neglected children; and (C) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day school programs. (4) Financial incentives and rewards reservation A local educational agency may reserve such funds as are necessary from those funds received by the local educational agency under title II, and not more than 5 percent of those funds received by the local educational agency under subpart 2, to provide financial incentives and rewards to teachers who serve in schools eligible under this section and identified in a tier described in paragraph (2), (3), or (4) of section 1116(c) for the purpose of attracting and retaining qualified and effective teachers. 1114. Schoolwide programs (a) Use of funds for schoolwide programs (1) In general 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. (2) Identification of students not required (A) In general No school participating in a schoolwide program shall be required— (i) to identify particular children under this part as eligible to participate in a schoolwide program; or (ii) to provide services to such children that are supplementary, as otherwise required by section 1120A(b). (B) Supplemental funds A school participating in a schoolwide program shall use funds available to carry out this section only to supplement the amount of funds that 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 with limited English proficiency. (3) Exemption from statutory and regulatory requirements (A) Exemption Except as provided in subsection (b), 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, maintenance of effort, comparability of services, uses of Federal funds to supplement, not supplant non-Federal funds, or the distribution of funds to State educational agencies or local educational agencies that apply to the receipt of funds from such programs. (C) Records A school that consolidates and uses funds from different Federal programs under this section shall not be required to maintain separate fiscal accounting records, by program, that identify the specific activities supported by those particular funds as long as the school maintains records that demonstrate that the schoolwide program, considered as a whole, addresses the intent and purposes of each of the Federal programs that were consolidated to support the schoolwide program. (4) Professional development Each school receiving funds under this part for any fiscal year shall devote sufficient resources to effectively carry out the activities described in subsection (b)(1)(D) in accordance with section 1119 for such fiscal year, except that a school may enter into a consortium with another school to carry out such activities. (b) Components of a schoolwide program (1) In general A schoolwide program shall include the following components: (A) A comprehensive needs assessment of the entire school (including taking into account the needs of migratory children as defined in section 1309(2)) that is based on information which includes the achievement of children in relation to the State academic content standards and the State student academic achievement standards described in section 1111(b)(1). (B) Schoolwide reform strategies that— (i) provide opportunities for all children to meet the State’s proficient and advanced levels of student academic achievement described in section 1111(b)(1)(D); (ii) use effective methods and instructional strategies that are based on scientifically based research that— (I) strengthen the core academic program in the school; (II) increase the amount and quality of learning time, such as providing an extended school year and before- and after-school and summer programs and opportunities, and help provide an enriched and accelerated curriculum; and (III) include strategies for meeting the educational needs of historically underserved populations; (iii) (I) include strategies to address the needs of all children in the school, but particularly the needs of low-achieving children and those at risk of not meeting the State student academic achievement standards who are members of the target population of any program that is included in the schoolwide program, which may include— (aa) counseling, pupil services, and mentoring services; (bb) college and career awareness and preparation, such as college and career guidance, personal finance education, and innovative teaching methods, which may include applied learning and team-teaching strategies; and (cc) the integration of career and technical education, arts, and physical education programs; and (II) address how the school will determine if such needs have been met; and (iv) are consistent with, and are designed to implement, the State and local improvement plans, if any. (C) Instruction by highly effective teachers. (D) In accordance with section 1119 and subsection (a)(4), high-quality and ongoing professional development for teachers, principals, and paraprofessionals and, if appropriate, pupil services personnel, parents, and other staff to enable all children in the school to meet the State’s student academic achievement standards. (E) Strategies to attract high-quality highly effective teachers to high-need schools. (F) Strategies to increase parental involvement in accordance with section 1118, such as family literary services. (G) Plans for assisting preschool children in the transition from early childhood programs, such as Head Start or a State-run preschool program, to local elementary school programs. (H) Measures to include teachers in the decisions regarding the use of academic assessments described in section 1111(b)(3) in order to provide information on, and to improve, the achievement of individual students and the overall instructional program. (I) Activities to ensure that students who experience difficulty mastering the proficient or advanced levels of academic achievement standards required by section 1111(b)(1) shall be provided with effective, timely additional assistance which shall include measures to ensure that students’ difficulties are identified on a timely basis and to provide sufficient information on which to base effective assistance. (J) Coordination and integration of Federal, State, and local services and programs, including programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head Start, adult education, vocational and technical education, and job training. (2) Plan (A) In general Any eligible school that desires to operate a schoolwide program shall first develop (or amend a plan for such a program that was in existence on the day before the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (i) describes how the school will implement the components described in paragraph (1); (ii) describes how the school will use resources under this part and from other sources to implement those components; (iii) includes a list of State educational agency and local educational agency programs and other Federal programs under subsection (a)(3) that will be consolidated in the schoolwide program; and (iv) describes how the school will provide individual student academic assessment results in a language the parents can understand, including an interpretation of those results, to the parents of a child who participates in the academic assessments required by section 1111(b)(3). (B) Plan development The comprehensive plan shall be— (i) developed during a one-year period, unless— (I) the local educational agency, after considering the recommendation of the technical assistance providers under section 1117, determines that less time is needed to develop and implement the schoolwide program; or (II) the school is operating a schoolwide program on the day preceding the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (ii) 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, and administrators (including administrators of programs described in other parts of this title), and, if appropriate, pupil services personnel, technical assistance providers, school staff, and, if the plan relates to a secondary school, students from such school; (iii) in effect for the duration of the school’s participation under this part and reviewed and revised, as necessary, by the school; (iv) available to the local educational agency, parents, and the public, and the information contained in such plan shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand; and (v) if appropriate, developed in coordination with programs under the Carl D. Perkins Career and Technical Education Act of 2006 and the Head Start Act. (c) Prekindergarten program A school that is eligible for a schoolwide program under this section may use funds made available under this part to establish or enhance prekindergarten programs for children below the age of 6. 1115. Targeted assistance schools (a) In general In all schools selected to receive funds under section 1113(c) that are ineligible for a schoolwide program under section 1114, or that choose not to operate such a schoolwide program, a local educational agency serving such school may use funds received under this part only for programs that provide services to eligible children under subsection (b) identified as having the greatest need for special assistance. (b) Eligible children (1) Eligible population (A) In general The eligible population for services under this section is— (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. (B) Eligible children from eligible population From the population described in subparagraph (A), eligible children are children identified by the school as failing, or most at risk of failing, to meet the State’s challenging student academic achievement 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 such criteria as teacher judgment, interviews with parents, and developmentally appropriate measures. (2) Children included (A) In general Children who are economically disadvantaged, children with disabilities, migrant children, American Indian, Alaska Native or Native Hawaiian children, or limited English proficient children, are eligible for services under this part on the same basis as other children selected to receive services under this part. (B) Head start 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 or in preschool services under this title, is eligible for services under this part. (C) Part c 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 part. (D) 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 part. (E) Homeless children A child who is homeless and attending any school served by the local educational agency is eligible for services under this part. (F) Indian children A child who, at any time in the 2 years preceding the year for which the determination is made, received services under title VII is eligible for services under this part. (3) Special rule Funds received under this part may not be used to provide services that are otherwise required by law to be made available to children described in paragraph (2) but may be used to coordinate or supplement such services. (c) Components of a targeted assistance school program (1) In general To assist targeted assistance schools and local educational agencies to meet their responsibility to provide for all their students served under this part the opportunity to meet the State’s challenging student academic achievement standards in subjects as determined by the State, each targeted assistance program under this section shall— (A) use such program’s resources under this part to help participating children meet such State’s challenging student academic achievement standards expected for all children; (B) ensure that planning for students served under this part is incorporated into existing school planning; (C) use effective methods and instructional strategies that are based on scientifically based research that strengthens the core academic program of the school and may include— (i) extended learning time, such as an extended school year, before- and after-school, and summer programs and opportunities; (ii) help provide an accelerated, high-quality curriculum, including applied learning; (iii) positive behavioral interventions and supports and response to intervention; and (iv) minimize removing children from the regular classroom during regular school hours for instruction provided under this part; (D) coordinate with and support the regular education program, which may include services to assist preschool children in the transition from early childhood programs such as Head Start and State-run preschool programs to elementary school programs; (E) provide instruction by highly effective teachers; (F) in accordance with subsection (e)(3) and section 1119, provide opportunities for professional development with resources provided under this part, and, to the extent practicable, from other sources, for teachers, principals, and paraprofessionals, including, if appropriate, pupil services personnel, parents, and other staff, who work with participating children in programs under this section or in the regular education program; (G) provide strategies to increase parental involvement in accordance with section 1118, such as family literacy services; and (H) coordinate and integrate Federal, State, and local services and programs, including programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head Start, adult education, vocational and technical education, and job training. (2) Requirements Each school conducting a program under this section shall assist participating children selected in accordance with subsection (b) to meet the State’s proficient and advanced levels of achievement by— (A) the coordinating of resources provided under this part with other resources; and (B) reviewing, on an ongoing basis, the progress of participating children and revising the targeted assistance program, if necessary, to provide additional assistance to enable such children to meet the State’s challenging student academic achievement standards, such as an extended school year, before- and after-school, and summer programs and opportunities, training for teachers regarding how to identify students who need additional assistance, and training for teachers regarding how to implement student academic achievement standards in the classroom. (d) Integration of professional development To promote the integration of staff supported with funds under this part into the regular school program and overall school planning and improvement efforts, public school personnel who are paid with funds received under this part may— (1) participate in general professional development and school planning activities; and (2) 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. (e) Special rules (1) Simultaneous service Nothing in this section shall be construed to prohibit a school from serving students under this section simultaneously with students with similar educational needs, in the same educational settings where appropriate. (2) Comprehensive services If— (A) health, nutrition, and other social services are not otherwise available to eligible children in a targeted assistance school and such school, if appropriate, has engaged in a comprehensive needs assessment and established a collaborative partnership with local service providers; and (B) funds are not reasonably available from other public or private sources to provide such services, then a portion of the funds provided under this part may be used as a last resort to provide such services, including— (i) the provision of basic medical equipment, such as eyeglasses and hearing aids; (ii) compensation of a coordinator; and (iii) professional development necessary to assist teachers, pupil services personnel, other staff, and parents in identifying and meeting the comprehensive needs of eligible children. (3) Professional development Each school receiving funds under this part for any fiscal year shall devote sufficient resources to carry out effectively the professional development activities described in subparagraph (F) of subsection (c)(1) in accordance with section 1119 for such fiscal year, and a school may enter into a consortium with another school to carry out such activities. 1116. Academic assessment and local educational agency and school improvement (a) Establishment of new State flexibility in accountability requirements (1) In general Beginning one year after the date of enactment of the Educational Accountability and State Flexibility Act of 2013 and except as provided in paragraph (2), each State educational agency and local educational agency shall determine the performance of, and consequences for, the public schools served under this part in accordance with this section. (2) State flexibility A State that has received a waiver pursuant to the Secretary's authority under section 9401 before the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (b) Evaluation (1) In general Each State educational agency shall, for each year and in coordination with each local educational agency, evaluate a school's performance for the previous school year to— (A) determine whether the school has met State standards or is making satisfactory progress toward meeting State standards; and (B) assign each school to a tier described in subsection (c). (2) Considerations In determining the proper tier for a school, the State educational agency shall consider, at a minimum— (A) each school's performance and progress toward ensuring that each student is proficient on State standards or is making satisfactory progress toward attaining proficiency on the State’s standards, as measured by the State academic assessments and other indicators described in the State and local plans under sections 1111 and 1112; and (B) is on track to graduate from high school on time or, for students with an individualized educational program, within the period allowed under the Individuals with Disabilities Education Act. (c) Accountability tiers Each State shall develop an accountability system to identify schools that consists of a series of tiers and shall assign rational and appropriate consequences to each tier. The system shall include, at a minimum, the following tiers and consequences for each tier: (1) Meeting State standards (A) Description This tier shall include each school in the State that meets the requirements of subparagraphs (B) and (C) of section 1111(b)(2). (B) Consequence The State educational agency shall provide a school in this tier with appropriate recognition and shall ensure that the school’s best practices are disseminated to other local educational agencies in the State. (2) Nearly meeting State standards and making growth (A) Description This tier shall include each school in the State that— (i) has not met the requirements of subparagraphs (B) and (C) of section 1111(b)(2) for not more than 2 of the subgroups of students described in section 1111(b)(2)(C)(v)(II) for which data must be disaggregated; and (ii) demonstrates that the school is making satisfactory progress toward meeting such standards, such as by satisfying the safe harbor provisions of section 1111(b)(2)(I) or as required by the State plan under section 1111(h). (B) Consequences (i) The State educational agency shall provide each school in this tier with appropriate recognition for the school's successes and growth. (ii) The local educational agency shall ensure that each such school creates, and submits for approval by the local educational agency, a research-based improvement plan for the students in such subgroups attending the school who are in any of grades 3 through 12 and who did not meet or exceed the proficient level on the most recent State assessment in mathematics or in reading or language arts, or for improving the graduation rate, as applicable, and implements the approved plan. (3) Not meeting State standards for a significant number of categories (A) Description This tier shall include each school in the State that— (i) did not meet the requirements of subparagraphs (B) and (C) of section 1111(b)(2) for a significant number of subgroups; and (ii) is not showing enough improvement to provide reasonable confidence that the students will be meeting or making satisfactory progress toward meeting State standards as required by the State plan under section 1111(b) or that the graduation rate will improve within the number of years required by the State plan. (B) Consequences (i) Recognition The State educational agency shall ensure that each school in this tier receives recognition for what the school is doing well. (ii) Improvement plan (I) In general The local educational agency serving each school in this tier shall audit the policies and practices of the school, as described in subsection (d), and, based on the results, shall create, in consultation with parents, teachers, administrators, and as applicable, representatives of tribes or Native organizations that are serving students who attend the school, and submit to the State educational agency for approval, a research-based improvement plan for the students in each subgroup of students attending the school who are in any of grades 3 through 12 and who did not meet or exceed the proficient level on the most recent State assessment in mathematics, reading or language arts, for improving the graduation rate in the school, or for the school as a whole, as appropriate, and implement the approved plan. (II) Requirements A plan described in this clause shall include valid, reliable, evidence-based interventions and may be developed with the assistance of a nonprofit organization with demonstrated effectiveness in school improvement research or implementation. (iii) Supplemental educational services (I) In general The local educational agency shall provide supplemental educational services to students attending the school who are in any of grades 3 through 12, who are in the subgroups that did not meet the State standards, and who did not meet or exceed the proficient level on the most recent State assessment in mathematics or in reading or language arts, in accordance with subsection (e) of this section, as such section was in effect on the day before the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (II) Additional rules In addition to the other requirements of this clause— (aa) in order to provide services under this subsection to students in a school, a provider on the list of approved providers across the State must also have provided the State with evidence that the provider is successful at serving any subgroup of students at the school that did not meet State standards for the preceding year; (bb) local educational agencies may negotiate performance-based contracts with providers regarding— (AA) the hourly rates for the supplemental educational services and the minimum supplemental educational services hours provided; (BB) tutor qualifications and the curriculum to be provided, particularly for serving students who are limited English proficient and children with disabilities; and (CC) other programmatic and financial management factors. (iv) Technical assistance The State educational agency shall provide technical assistance to assist the local educational agency to improve student proficiency or graduation rates at a school identified under this subsection and may require the local educational agency to implement specific and appropriate interventions. (4) Not meeting State standards for a significant number of categories for multiple years (A) Description This tier shall include each school in the State that— (i) did not meet the requirements of subparagraphs (B) and (C) of section 1111(b)(2) for a significant number of subgroups; and (ii) is showing little or no improvement. (B) Consequences (i) Audit and implementation of turnaround model or school improvement strategies The State shall conduct an in-depth audit of the school and shall require the local educational agency to implement— (I) an alternative model of governance allowed under State law; or (II) school improvement strategies based on a system of support model described in subsection (d). (ii) Consultation A State educational agency shall determine the appropriate models or strategies to be used in accordance with clause (i), but shall engage in meaningful consultation with the local educational agency serving such school, educators, Indian tribes or Native organizations located in the area served by the school, and parents before making a final determination. (iii) No Federal influence The Secretary shall not prioritize, incentivize, or require the use of, any particular method of school turnaround or school improvement strategy. (iv) Supplemental educational services The State educational agency shall require that the local educational agency provide supplemental educational services to students attending the school who are enrolled in any of grades 3 through 12 and who did not meet or exceed the proficient level on the most recent State assessment in mathematics or in reading or language arts, in accordance with paragraph (3)(B)(iii). (v) Public school choice (I) In general Not later than the first day of the school year following a school's classification in this tier, the local educational agency serving the school may provide students in grades 3 through 12 who are enrolled in the school and who did not meet or exceed the proficient level on the most recent State assessment in mathematics or in reading or language arts with the option to transfer to another public school served by the local educational agency in accordance with subclause (II), which may include a public charter school, that has not been identified for school improvement under this paragraph, unless such an option is prohibited by State law. The local educational agency shall provide, or shall pay for the provision of, transportation to the public school the student attends if the local educational agency chooses to make this option available. (II) Transfer Students who use the option to transfer under this clause shall be enrolled in classes and other activities in the public school to which the students transfer in the same manner as all other children at the public school. (III) Special rules Notwithstanding the requirements of this clause, a local educational agency shall not be required to provide students with the option to transfer to a school under this subparagraph if doing so would expose students to unsafe or unreasonable transportation routes or means or if there is no higher-performing school within the school district that has the space or capacity to serve them. (vi) Withholding of State or Federal funds A State shall have full authority to mandate any necessary changes to a school in order to effect improvement and to withhold Federal funding made available by this act or State funding. (5) State determinations The State educational agency shall determine the number of subgroups of students and the number of years of improvement that are required for a school to be designated as part of a particular tier. The Secretary shall not approve, disapprove, prioritize, or otherwise control the decision made by the State with regard to this provision. (d) System of support model Subject to section 1117, a system of support model described in this subsection shall provide aligned resources, information, tools, professional development, and technical assistance to assist local educational agencies and schools to improve. A State educational agency that chooses to implement a system of support model for school improvement shall implement strategies and assistance as required by the needs of the school. This model shall include a review, and, if necessary, assistance in the following areas: (1) Curriculum development, alignment with performance standards, and implementation in classrooms. (2) Assessment, including formative and summative data collection and review, alignment with curriculum and performance standards, and use of data to guide instruction. (3) Instruction, including applying multiple effective strategies, differentiated instruction, response to intervention, and alignment with performance standards. (4) Supportive learning environment, including effective classroom management, maximizing instructional time, discipline or behavior plans, attendance, parent and community involvement, extended learning, and positive behavioral intervention and support. (5) Professional development, such as job-embedded, results-oriented, data-driven mentoring. (6) Leadership, including— (A) developing and implementing effective improvement strategies; (B) creating a positive learning environment and effective adult learning community; (C) parental and community engagement; (D) using data to improve student progress; (E) teacher supervision, support, evaluation, and collaboration; and (F) the school's mission, vision, and goals. (e) State plan A State shall include a description of the State's multi-tiered system under this section in the State plan submitted under section 1111(a), and shall provide to the Secretary such information as the Secretary may reasonably require relating to the system and the performance of the State's schools in the system in the State's report under section 1111(h)(2). The Secretary shall have no authority to approve or disapprove the system under such plan. (f) Funds for transportation and supplemental educational services (1) In general Subject to subsection (c)(4)(B)(v), a local educational agency may reserve funds from its allocation under subpart 2 to provide transportation as required under subsection (c)(4)(E) and to satisfy all requests for supplemental educational services under section 1116(e), subject to paragraph (2). (2) Unused funds Beginning 30 days after the first day of a school year, a local educational agency may spend the amount reserved under paragraph (1) for other purposes, if the local educational agency certifies to the State educational agency that all families of students eligible for transportation under subsection (c)(4)(E), or supplemental educational services under subsection (c), have been notified of the opportunity and have been provided with a reasonable period of time to change schools or enroll in supplemental educational services, as appropriate. (g) Schools funded by the bureau of indian education (1) Meeting standards or making satisfactory progress toward meeting standards for bureau funded schools (A) Development of definition (i) Definition The Secretary of the Interior, in consultation with the Secretary if the Secretary of Interior requests the consultation, using the process set out in section 1138(b) of the Education Amendments of 1978, shall define meeting or making satisfactory progress toward meeting State standards, for the schools funded by the Bureau of Indian Education on a regional or tribal basis, as appropriate, taking into account the unique circumstances and needs of such schools and the students served by such schools. (ii) Use of definition The Secretary of the Interior, consistent with clause (i), may use the definition of meeting or making satisfactory progress toward meeting State standards that the State in which the school that is funded by the Bureau is located uses consistent with section 1111(b), or in the case of schools that are located in more than one State, the Secretary of the Interior may use whichever State definition that best meets the unique circumstances and needs of such school or schools and the students the schools serve. (B) Waiver The tribal governing body or school board of a school funded by the Bureau of Indian Education may waive, in part or in whole, the definition of meeting or making satisfactory progress toward meeting State standards established pursuant to subparagraph (A) where such definition is determined by such body or school board to be inappropriate. If such definition is waived, the tribal governing body or school board shall, within 60 days thereafter, submit to the Secretary of Interior a proposal for an alternative definition of meeting or making satisfactory progress toward meeting State standards, consistent with section 1111(b), that takes into account the unique circumstances and needs of such school or schools and the students served. The Secretary of the Interior, in consultation with the Secretary if the Secretary of Interior requests the consultation, shall approve such alternative definition unless the Secretary determines that the definition does not meet the requirements of section 1111(b), taking into account the unique circumstances and needs of such school or schools and the students served. (C) Technical assistance The Secretary of Interior shall, in consultation with the Secretary if the Secretary of Interior requests the consultation, either directly or through a contract, provide technical assistance, upon request, to a tribal governing body or school board of a school funded by the Bureau of Indian Education that seeks to develop an alternative definition of meeting or making satisfactory progress toward meeting State standards. (2) Accountability for bia schools For the purposes of this section, schools funded by the Bureau of Indian Education shall be considered schools subject to subsection (c), as specifically provided for in this subsection, except that such schools shall not be subject the requirements to provide public school choice and supplemental educational services under subsections (c) and (f). (3) School improvement for bureau schools (A) Contract and grant schools For a school funded by the Bureau of Indian Education which is operated under a contract issued by the Secretary of the Interior pursuant to the Indian Self-Determination Act ( 25 U.S.C. 450 et seq. 25 U.S.C. 2501 et seq. (B) Bureau operated schools For schools operated by the Bureau of Indian Education, the Bureau shall be responsible for meeting the requirements of subsection (b) relating to development and implementation of any school improvement plan as described in subsections (b)(1) through (b)(5), other than subsection (b)(1)(E). (4) Consequences for bureau-funded schools (A) Contract and grant schools For a school funded by the Bureau of Indian Education which is operated under a contract issued by the Secretary of the Interior pursuant to the Indian Self-Determination Act ( 25 U.S.C. 450 et seq. 25 U.S.C. 2501 et seq. (B) Bureau operated schools For schools operated by the Bureau of Indian Education, the Bureau shall be responsible for meeting the requirements of paragraphs (2), (3), and (4) of subsection (c). Any action taken by the Bureau under such paragraphs shall take into account the unique circumstances and structure of the Bureau of Indian Education-funded school system and the laws governing that system. (5) Annual report On an annual basis, the Secretary of the Interior shall report to the Secretary of Education and to the appropriate committees of Congress regarding any schools funded by the Bureau of Indian Education which have been identified in a tier described in paragraph (2), (3), or (4) of subsection (c). Such report shall include— (A) the identity of each school; (B) a statement from each affected school board regarding the factors that lead to such identification; and (C) an analysis by the Secretary of the Interior, in consultation with the Secretary if the Secretary of Interior requests the consultation, as to whether sufficient resources were available to enable such school to meet or make satisfactory progress toward meeting State standards. 1117. School support and recognition (a) System for support (1) In general Each State shall establish a statewide system of intensive and sustained support and improvement for local educational agencies and schools receiving funds under this part, as described in section 1116, in order to increase the opportunity for all students served by those agencies and schools to meet the State’s academic content standards and student academic achievement standards. (2) Priorities In carrying out this subsection, a State shall— (A) first, provide support and assistance to local educational agencies with schools in the tier described in section 1116(c)(4) and assist those schools; (B) second, provide support and assistance to other local educational agencies with schools in the tier described in section 1116(c)(3); and (C) third, provide support and assistance to other local educational agencies and schools participating under this part that need that support and assistance in order to achieve the purpose of this part. (3) Regional centers Such a statewide system shall, to the extent practicable, work with and receive support and assistance from regional educational laboratories established under part D of the Education Sciences Reform Act of 2002 and comprehensive centers established under the Educational Technical Assistance Act of 2002 and the comprehensive regional technical assistance centers and the regional educational laboratories under section 941(h) of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (as such section existed on the day before the date of enactment of the Education Sciences Reform Act of 2002), or other providers of technical assistance. (4) Statewide system (A) In order to achieve the purpose described in paragraph (1), the statewide system shall include, at a minimum, the following approaches: (i) Establishing school support teams in accordance with paragraph (5) for assignment to, and working in, schools in the State that are described in paragraph (2). (ii) Providing such support as the State educational agency determines necessary and available in order to ensure the effectiveness of such teams. (iii) Designating and using distinguished teachers and principals who are chosen from schools served under this part that have been especially successful in improving academic achievement. (iv) Devising additional approaches to providing the assistance described in paragraph (1), such as providing assistance through institutions of higher education, tribes or Native organizations whose members are enrolled in the local educational agency, and educational service agencies or other local consortia, and private providers of scientifically based technical assistance. (B) Priority The State educational agency shall give priority to the approach described in clause (i) of subparagraph (A). (5) School support teams (A) Composition Each school support team established under this section shall be composed of persons knowledgeable about scientifically based research and practice on teaching and learning and about successful schoolwide projects, school reform, and improving educational opportunities for low-achieving students, including— (i) highly effective or distinguished teachers and principals; (ii) pupil services personnel; (iii) parents; (iv) representatives of institutions of higher education; (v) representatives of regional educational laboratories or comprehensive regional technical assistance centers; (vi) representatives of outside consultant groups; (vii) representatives of tribes or Native organizations present in the State; or (viii) other individuals as the State educational agency, in consultation with the local educational agency, may determine appropriate. (B) Functions Each school support team assigned to a school under this section shall— (i) review and analyze all facets of the school’s operation, including the design and operation of the instructional program, and assist the school in developing recommendations for improving student performance in that school; (ii) collaborate with parents and school staff and the local educational agency serving the school in the design, implementation, and monitoring of a plan that, if fully implemented, can reasonably be expected to improve student performance and help the school meet State standards under section 1111(b)(2)(B); (iii) evaluate, at least semiannually, the effectiveness of school personnel assigned to the school, including identifying outstanding teachers and principals, and make findings and recommendations to the school, the local educational agency, and, where appropriate, the State educational agency; and (iv) make additional recommendations as the school implements the plan described in clause (ii) to the local educational agency and the State educational agency concerning additional assistance that is needed by the school or the school support team. (C) Continuation of assistance After one school year, from the beginning of the activities, such school support team, in consultation with the local educational agency and other stakeholders, may recommend that the school support team continue to provide assistance to the school, or that the local educational agency or the State educational agency, as appropriate, take alternative actions with regard to the school. (b) State recognition (1) Academic achievement awards program (A) In general Each State receiving a grant under this part— (i) shall establish a program for making academic achievement awards to recognize schools that meet the criteria described in subparagraph (B); and (ii) as appropriate and as funds are available under subsection (c)(2)(A), may financially reward schools served under this part that meet the criteria described in clause (ii). (B) Criteria The criteria referred to in subparagraph (A) are that a school— (i) significantly closed the achievement gap between the groups of students described in section 1111(b)(2); or (ii) exceeded the goals set forth in the State plan for improvement for 2 or more consecutive years. (2) Distinguished schools Of those schools meeting the criteria described in paragraph (1)(B), each State shall designate as distinguished schools those schools that have made the greatest gains in closing the achievement gap as described in subparagraph (B)(i) or exceeded the goals set forth in the State plan for improvement. Such distinguished schools may serve as models for and provide support to other schools, especially schools identified in the tier described in paragraph (3) or (4) of section 1116(c), to assist such schools in meeting the State’s academic content standards and student academic achievement standards. (3) Awards to teachers A State program under paragraph (1) may also recognize and provide financial awards to teachers teaching in a school described in such paragraph that consistently makes significant gains in academic achievement in the areas in which the teacher provides instruction, or to teachers or principals designated as distinguished under subsection (a)(4)(A)(iii). (c) Funding (1) In general Each State— (A) shall use funds reserved under section 1003(a) and may use funds made available under section 1003(g) for the approaches described under subsection (a)(4)(A); and (B) shall use State administrative funds authorized under section 1004(a) to establish the statewide system of support described under subsection (a). (2) Reservations of funds by State (A) Awards program For the purpose of carrying out subsection (b)(1), each State receiving a grant under this part may reserve, from the amount (if any) by which the funds received by the State under subpart 2 for a fiscal year exceed the amount received by the State under that subpart for the preceding fiscal year, not more than 5 percent of such excess amount. (B) Teacher awards For the purpose of carrying out subsection (b)(3), a State educational agency may reserve such funds as necessary from funds made available under section 2111. (3) Use within 3 years Notwithstanding any other provision of law, the amount reserved under subparagraph (A) by a State for each fiscal year shall remain available to the State until expended for a period not exceeding 3 years receipt of funds. (4) Special allocation rule for schools in high-poverty areas (A) In general Each State shall distribute not less than 75 percent of any amount reserved under paragraph (2)(A) for each fiscal year to schools described in subparagraph (B), or to teachers in those schools consistent with subsection (b)(3). (B) School described A school described in subparagraph (A) is a school whose student population is in the highest quartile of schools statewide in terms of the percentage of children from low income families. 1118. Parental involvement (a) Local educational agency policy (1) In general A local educational agency may receive funds under this part only if such agency implements programs, activities, and procedures for the involvement of parents in programs assisted under this part consistent with this section. Such programs, activities, and procedures shall be planned and implemented with meaningful consultation with parents of participating children. (2) Written policy Each local educational agency that receives funds under this part shall develop jointly with, agree on with, and distribute to, parents of participating children a written parent involvement policy. The policy shall be incorporated into the local educational agency’s plan developed under section 1112, establish the agency’s expectations for parent involvement, and describe how the agency will— (A) involve parents in the joint development of the plan under section 1112, and the process of school review and improvement under section 1116; (B) provide the coordination, technical assistance, and other support necessary to assist participating schools in planning and implementing effective parent involvement activities to improve student academic achievement and school performance; (C) identify the barriers to effective parental involvement and build the schools’ and parents’ capacity for strong parental involvement as described in subsection (e); (D) coordinate and integrate parental involvement strategies under this part with parental involvement strategies under other programs, such as the Head Start program, Parents as Teachers program, and Home Instruction Program for Preschool Youngsters, and State-run preschool programs; (E) conduct, with the involvement of parents, an annual evaluation of the content and effectiveness of the parental involvement policy in improving the academic quality of the schools served under this part, including identifying barriers to greater participation by parents in activities authorized by this section (with particular attention to parents who are economically disadvantaged, are disabled, have limited English proficiency, have limited literacy, or are of any racial or ethnic minority background), and use the findings of such evaluation to design strategies for more effective parental involvement, and to revise, if necessary, the parental involvement policies described in this section; and (F) involve parents in the activities of the schools served under this part. (3) Reservation (A) In general Each local educational agency shall reserve not less than 1 percent of such agency’s allocation under subpart 2 of this part to carry out this section, including promoting family literacy and parenting skills, except that this paragraph shall not apply if 1 percent of such agency’s allocation under subpart 2 of this part for the fiscal year for which the determination is made is $5,000 or less. (B) Parental input Parents of children receiving services under this part shall be involved in the decisions regarding how funds reserved under subparagraph (A) are allotted for parental involvement activities. (C) Distribution of funds Not less than 95 percent of the funds reserved under subparagraph (A) shall be distributed to schools served under this part. (b) School parental involvement policy (1) In general Each school served under this part shall jointly develop with, and distribute to, parents of participating children a written parental involvement policy, agreed on by such parents, that shall describe the means for carrying out the requirements of subsections (c) through (f). Parents shall be notified of the policy in an understandable and uniform format and, to the extent practicable, provided in a language the parents can understand. Such policy shall be made available to the local community and updated periodically to meet the changing needs of parents and the school. (2) Special rule If the school has a parental involvement policy that applies to all parents, such school may amend that policy, if necessary, to meet the requirements of this subsection. (3) Amendment If the local educational agency involved has a school district-level parental involvement policy that applies to all parents, such agency may amend that policy, if necessary, to meet the requirements of this subsection. (4) Parental comments If the plan under section 1112 is not satisfactory to the parents of participating children, the local educational agency shall submit any parent comments with such plan when such local educational agency submits the plan to the State. (c) Policy involvement Each school served under this part shall— (1) share the policy with all parents of enrolled children by convening an annual meeting, at a convenient time, to which all parents of participating children shall be invited and encouraged to attend, and in writing for parents who are unable to attend the meeting, in order to inform parents of their school’s participation under this part and to explain the requirements of this part, and the right of the parents to be involved; (2) offer a flexible number of meetings, such as meetings in the morning or evening, and may provide, with funds provided under this part, transportation, child care, or home visits, as such services relate to parental involvement; (3) involve parents, in an organized, ongoing, and timely way, in the planning, review, and improvement of programs under this part, including the planning, review, and improvement of the school parental involvement policy and the joint development of the schoolwide program plan under section 1114(b)(2), except that if a school has in place a process for involving parents in the joint planning and design of the school’s programs, the school may use that process, if such process includes an adequate representation of parents of participating children; (4) provide parents of participating children— (A) timely information about programs under this part; (B) a description and explanation of the curriculum in use at the school, the forms of academic assessment used to measure student progress, the proficiency levels students are expected to meet, and the reasons for the school’s identification under section 1116; and (C) if requested by parents, opportunities for regular meetings to formulate suggestions and to participate, as appropriate, in decisions relating to the education of their children and plans for improvement, and respond to any such suggestions as soon as practicably possible; and (5) if the schoolwide program plan under section 1114(b)(2) is not satisfactory to the parents of participating children, submit any parent comments on the plan when the school makes the plan available to the local educational agency. (d) Shared responsibilities for high student academic achievement As a component of the school-level parental involvement policy developed under subsection (b), each school served under this part shall jointly develop with parents for all children served under this part a school-parent compact that outlines how parents, the entire school staff, and students will share the responsibility for improved student academic achievement and the means by which the school and parents will build and develop a partnership to help children achieve the State’s high standards. Such compact shall— (1) describe the school’s responsibility to provide high-quality curriculum and instruction in a supportive and effective learning environment that enables the children served under this part to meet the State’s student academic achievement standards, and the ways in which each parent will be responsible for supporting their children’s learning, such as monitoring attendance, homework completion, and television watching; volunteering in their child’s classroom; and participating, as appropriate, in decisions relating to the education of their children and positive use of extracurricular time; and (2) address the importance of communication between teachers and parents on an ongoing basis through, at a minimum— (A) parent-teacher conferences in elementary schools, at least annually, during which the compact shall be discussed as the compact relates to the individual child’s achievement; (B) frequent reports to parents on their children’s progress; and (C) reasonable access to staff, opportunities to volunteer and participate in their child’s class, and observation of classroom activities. (e) Building capacity for involvement To ensure effective involvement of parents and to support a partnership among the school involved, parents, and the community to improve student academic achievement, each school and local educational agency assisted under this part— (1) shall provide assistance to parents of children served by the school or local educational agency, as appropriate, in understanding such topics as the State’s academic content standards and State student academic achievement standards, State and local academic assessments, the requirements of this part, and how to monitor a child’s progress and work with educators to improve the achievement of their children; (2) shall provide materials and training to help parents to work with their children to improve their children’s achievement, such as literacy training and using technology, as appropriate, to foster parental involvement; (3) shall educate teachers, pupil services personnel, principals, and other staff, with the assistance of parents, in the value and utility of contributions of parents, and in how to reach out to, communicate with, and work with parents as equal partners, implement and coordinate parent programs, and build ties between parents and the school; (4) shall, to the extent feasible and appropriate, coordinate and integrate parent involvement programs and activities with Head Start, the Home Instruction Programs for Preschool Youngsters, the Parents as Teachers Program, public preschool and other programs, and conduct other activities, such as parent resource centers, that encourage and support parents in more fully participating in the education of their children; (5) shall ensure that information related to school and parent programs, meetings, and other activities is sent to the parents of participating children in a format and, to the extent practicable, in a language the parents can understand; (6) may involve parents in the development of training for teachers, principals, and other educators to improve the effectiveness of such training; (7) may provide necessary literacy training from funds received under this part if the local educational agency has exhausted all other reasonably available sources of funding for such training; (8) may pay reasonable and necessary expenses associated with local parental involvement activities, including transportation and child care costs, to enable parents to participate in school-related meetings and training sessions; (9) may train parents to enhance the involvement of other parents; (10) may arrange school meetings at a variety of times, or conduct in-home conferences between teachers or other educators, who work directly with participating children, with parents who are unable to attend such conferences at school, in order to maximize parental involvement and participation; (11) may adopt and implement model approaches to improving parental involvement; (12) may establish a districtwide parent advisory council to provide advice on all matters related to parental involvement in programs supported under this section; (13) may develop appropriate roles for community-based organizations and businesses in parent involvement activities; (14) shall provide such other reasonable support for parental involvement activities under this section as parents may request; (15) may provide, in consultation with Indian tribes and Native organizations whose members are enrolled in the school, information about culture-based education in use in the school; and (16) shall, in consultation with Indian tribes and parents of Indian, Alaska Native, and Native Hawaiian children who are served by any school in the local educational agency, establish mechanisms to overcome barriers to effective Indian, Alaska Native, and Native Hawaiian parental involvement. (f) Accessibility In carrying out the parental involvement requirements of this part, local educational agencies and schools, to the extent practicable, shall provide full opportunities for the participation of parents with limited English proficiency, parents with disabilities, parents of American Indian, Alaska Native, or Native Hawaiian children, and parents 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. (g) Information from parental information and resource centers In a State where a parental information and resource center is established to provide training, information, and support to parents and individuals who work with local parents, local educational agencies, and schools receiving assistance under this part, each local educational agency or school that receives assistance under this part and is located in the State shall assist parents and parental organizations by informing such parents and organizations of the existence and purpose of such centers. (h) Review The State educational agency shall review the local educational agency’s parental involvement policies and practices to determine if the policies and practices meet the requirements of this section. 1119. Qualifications for teachers and paraprofessionals (a) Teacher qualifications and measurable objectives (1) In general Not later than 1 year after the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (2) State plan As part of the plan described in section 1111, each State educational agency receiving assistance under this part shall develop a plan to ensure that all teachers teaching in core academic subjects within the State are highly effective not later than the end of the 2014-2015 school year. Such plan shall establish annual measurable objectives for each local educational agency and school that, at a minimum— (A) shall include an annual increase in the percentage of highly effective teachers at each local educational agency and school, to ensure that all teachers teaching in core academic subjects in each public elementary school and secondary school are highly effective not later than the end of the 2014-2015 school year; (B) shall include an annual increase in the percentage of teachers who are receiving high-quality professional development to enable such teachers to become highly effective and successful classroom teachers; and (C) may include such other measures as the State educational agency determines to be appropriate to increase teacher qualifications. (3) Local plan As part of the plan described in section 1112, each local educational agency receiving assistance under this part shall develop a plan to ensure that all teachers teaching within the school district served by the local educational agency are highly effective not later than the end of the 2005–2006 school year. (4) Definition of highly effective Notwithstanding any other provision of law, the State education agency shall, in consultation with local educational agencies, teachers, principals, Indian tribes and Native organizations that may be present in the State, parents, and the community, define highly effective (b) Reports (1) Annual State and local reports (A) Local reports Each State educational agency described in subsection (a)(2) shall require each local educational agency receiving funds under this part to publicly report, each year, beginning with the 2014-2015 school year, the annual progress of the local educational agency as a whole and of each of the schools served by the agency, in meeting the measurable objectives described in subsection (a)(2). (B) State reports Each State educational agency receiving assistance under this part shall prepare and submit each year, beginning with the 2014-2015 school year, a report to the Secretary, describing the State educational agency’s progress in meeting the measurable objectives described in subsection (a)(2). (C) Information from other reports A State educational agency or local educational agency may submit information from the reports described in section 1111(h) for the purposes of this subsection, if such report is modified, as may be necessary, to contain the information required by this subsection, and may submit such information as a part of the reports required under section 1111(h). (2) Annual reports by the secretary Each year, beginning with the 2015-2016 school year, the Secretary shall publicly report the annual progress of State educational agencies, local educational agencies, and schools, in meeting the measurable objectives described in subsection (a)(2). (c) Paraprofessionals (1) In general Each local educational agency receiving assistance under this part shall ensure that all paraprofessionals hired in the school year after the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (2) Clarification The receipt of a secondary school diploma (or its recognized equivalent) shall be necessary but not sufficient to satisfy the requirements of paragraph (1). (d) Exceptions Subsection (c) shall not apply to— (1) a paraprofessional who is proficient in English and a language other than English and who provides services primarily to enhance the participation of children in programs under this part by acting as a translator; (2) a paraprofessional whose duties consist solely of conducting parental involvement activities consistent with section 1118; (3) teachers of American Indian, Alaska Native, or Native Hawaiian language or culture, whether the teacher is teaching on a permanent, part-time, or occasional basis, except that a State may require that a local Indian tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b (4) a Native elder or other authority on American Indian, Alaska Native, or Native Hawaiian history who provides instruction in such subject on a periodic or 1-time basis, except that a State may require that a local Indian tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b (e) Duties of paraprofessionals (1) In general Each local educational agency receiving assistance under this part shall ensure that a paraprofessional working in a program supported with funds under this part is not assigned a duty inconsistent with this subsection. (2) Responsibilities paraprofessionals may be assigned A paraprofessional described in paragraph (1) may be assigned— (A) to provide one-on-one tutoring for eligible students, if the tutoring is scheduled at a time when a student would not otherwise receive instruction from a teacher; (B) to assist with classroom management, such as organizing instructional and other materials; (C) to provide assistance in a computer laboratory; (D) to conduct parental involvement activities; (E) to provide support in a library or media center; (F) to act as a translator; or (G) to provide instructional services to students in accordance with paragraph (3). (3) Additional limitations A paraprofessional described in paragraph (1)— (A) may not provide any instructional service to a student unless the paraprofessional is working under the direct supervision of a teacher consistent with section 1119; and (B) may assume limited duties that are assigned to similar personnel who are not working in a program supported with funds under this part, 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. (f) Use of funds A local educational agency receiving funds under this part may use such funds to support ongoing training and professional development to assist teachers and paraprofessionals in satisfying the requirements of this section. (g) Verification of compliance (1) In general In verifying compliance with this section, each local educational agency, at a minimum, shall require that the principal of each school operating a program under section 1114 or 1115 attest annually in writing as to whether such school is in compliance with the requirements of this section. (2) Availability of information Copies of attestations under paragraph (1)— (A) shall be maintained at each school operating a program under section 1114 or 1115 and at the main office of the local educational agency; and (B) shall be available to any member of the general public on request. (h) Combinations of funds Funds provided under this part that are used for professional development purposes may be combined with funds provided under title II of this Act, other Acts, and other sources. (i) Special rule Except as provided in subsection (j), no State educational agency shall require a school or a local educational agency to expend a specific amount of funds for professional development activities under this part. (j) Minimum expenditures Each local educational agency that receives funds under this part shall use not less than 5 percent, or more than 10 percent, of such funds for each of fiscal years 2012 and 2013, and not less than 5 percent of the funds for each subsequent fiscal year, for professional development activities to ensure that teachers who are not highly effective become highly effective not later than the end of the 2017–2018 school year. . 3. Conforming amendments (a) In general The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (1) by repealing subparts 1, 2, and 3 of part B of title I; and (2) in section 9101, by striking paragraph (23). (b) Replacement of definitions Notwithstanding any other provision of law— (1) any reference in the Elementary and Secondary Education Act of 1965 to highly qualified shall be deemed to refer to highly effective, as determined by the State in accordance with section 1119(a)(4) of such Act, as amended by this Act; and (2) any reference in the Elementary and Secondary Education Act of 1965 to making adequate yearly progress shall be deemed to refer to meeting, or making satisfactory progress toward meeting, State standards, as described in section 1111(b)(2) of such Act, as amended by this Act.

Educational Accountability and State Flexibility Act of 2013

Cyber Economic Espionage Accountability Act - Expresses the sense of Congress that: cyber economic espionage should be a priority issue in all economic and diplomatic discussions with the People's Republic of China, including during all meetings of the U.S.-China Strategic and Economic Dialogue, and with the Russian Federation and other countries determined to encourage, tolerate, or conduct such cyber economic espionage at appropriate bilateral meetings; the United States should intensify diplomatic efforts in appropriate international fora such as the United Nations (U.N.), the Organisation for Economic Cooperation and Development (OECD), and summits including the G-8 and G-20 summits, to address the harm to the international economic order by cyber economic espionage; and the Department of Justice (DOJ) should increase its efforts to bring economic espionage criminal cases against offending foreign actors, with penalties to include both fines and imprisonment, as well as encourage further cooperation among countries to address cyber economic espionage through criminal prosecutions. Directs the President to submit to Congress, publish, and update a list of foreign government officials or persons acting on behalf of a foreign government that the President determines, based on credible information, are responsible for cyber espionage of intellectual property of U.S. persons or have acted as an agent of, or on behalf of, a person in a matter relating to such cyber espionage activity. Defines a "U.S. person" as: (1) a U.S. citizen or an alien lawfully admitted for permanent residence to the United States; or (2) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. Requires the list to be publicly available in unclassified form, but permits persons to be listed in a classified annex if the President determines it is vital for U.S. national security interests. Makes aliens appearing on the list ineligible to: (1) receive a visa to enter the United States, and (2) be admitted to the United States. Requires the Secretary of State to revoke the visa or other documentation of any alien who would be ineligible under such standard. Authorizes the Secretary to waive such ineligibility to comply with international obligations or for national security purposes. Directs the President to exercise powers granted by the International Emergency Economic Powers Act (except with respect to the national emergency declaration requirements for unusual and extraordinary threats) to freeze and prohibit all transactions in all property and property interests of a listed person if such property and interests are in the United States, come within the United States, or are or come within the possession or control of a U.S. person. Exempts persons included on the classified annex if the President determines that such an exception is vital for U.S. national security interests. Permits waivers by the Secretary of the Treasury for U.S. national security interests. Sets forth penalties under the International Emergency Economic Powers Act. Directs the Treasury Secretary to prescribe regulations requiring financial institutions to certify that, to the best of their knowledge, they have frozen all listed persons' assets within their possession or control that are required to be frozen. Requires persons listed by the President under this Act to be included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control.

To combat cyber espionage of intellectual property of United States persons, and for other purposes. 1. Short title This Act may be cited as the Cyber Economic Espionage Accountability Act 2. Findings and sense of Congress (a) Findings Congress finds the following: (1) The United States faces persistent cyber espionage of intellectual property from foreign governments that threatens United States economic and national security interests, results in an unfair competitive advantage for foreign companies, and is a major contributor to the loss of manufacturing jobs in the United States. (2) Cyber espionage of intellectual property by foreign actors is one of the most pressing issues facing innovators and entrepreneurs in the United States today. (3) The National Counterintelligence Executive stated in its October 2011 biennial economic espionage report that Chinese actors are the world’s most active and persistent perpetrators of economic espionage United States private sector firms and cybersecurity specialists have reported an onslaught of computer network intrusions that have originated in China (4) The National Counterintelligence Executive also stated that Russia’s intelligence services are conducting a range of activities to collect economic information and technology from U.S. targets (5) The People’s Republic of China, the Russian Federation, and other countries threaten the privacy of United States citizens by accessing and exploiting personally identifiable information through cyber economic espionage. (6) The People’s Republic of China, the Russian Federation, and other countries responsible for such cyber economic espionage are members of the World Trade Organization (WTO) and have agreed to comply with the global system of rules and obligations governing the international commerce and trade among member states. (7) The United States has recognized the membership of the People’s Republic of China, the Russian Federation, and other countries into the WTO by granting them Permanent Normal Trade Relations (PNTR) status under United States law. (8) Cyber economic espionage undermines the cooperative relationships between the United States and countries tolerating or encouraging such activities. (b) Sense of Congress It is the sense of Congress that— (1) cyber economic espionage should be a priority issue in all economic and diplomatic discussions with the People’s Republic of China, including during all meetings of the U.S.-China Strategic and Economic Dialogue, and with the Russian Federation and other countries determined to encourage, tolerate, or conduct such cyber economic espionage at appropriate bilateral meetings; (2) the United States should intensify diplomatic efforts in appropriate international fora such as the United Nations, the Organisation for Economic Cooperation and Development (OECD), and summits such as the G–8 and G–20 summits, to address the harm to the international economic order by cyber economic espionage; and (3) the Department of Justice should increase its efforts to bring economic espionage criminal cases against offending foreign actors, with penalties to include both fines and imprisonment, as well as encourage further cooperation among countries to address cyber economic espionage through criminal prosecutions. 3. Identification of persons responsible for cyber espionage of intellectual property of United States persons (a) In general Not later than 120 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of persons who are officials of a foreign government or persons acting on behalf of a foreign government that the President determines, based on credible information— (1) are responsible for cyber espionage of intellectual property of United States persons; or (2) acted as an agent of or on behalf of a person in a matter relating to an activity described in paragraph (1). (b) Updates The President shall submit to the appropriate congressional committees an update of the list required by subsection (a) as new information becomes available. (c) Form (1) In general The list required by subsection (a) shall be submitted in unclassified form. (2) Exception The name of a person to be included in the list required by subsection (a) may be submitted in a classified annex only if the President— (A) determines that it is vital for the national security interests of the United States to do so; (B) uses the annex in such a manner consistent with congressional intent and the purposes of this Act; and (C) 15 days prior to submitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include each person in the classified annex despite any publicly available credible information indicating that the person engaged in an activity described in paragraph (1) or (2) of subsection (a). (3) Public availability The unclassified portion of the list required by subsection (a) shall be made available to the public and published in the Federal Register. (d) Removal from list A person may be removed from the list required by subsection (a) if the President determines and reports to the appropriate congressional committees not less than 15 days prior to the removal of the person from the list that credible information exists that the person did not engage in the activity for which the person was added to the list. (e) Requests by chairperson and ranking member of appropriate congressional committees (1) In general Not later than 120 days after receiving a written request from the chairperson and ranking member of one of the appropriate congressional committees with respect to whether a person meets the criteria for being added to the list required by subsection (a), the President shall submit a response to the chairperson and ranking member of the committee which made the request with respect to the status of the person. (2) Form The President may submit a response required by paragraph (1) in classified form if the President determines that it is necessary for the national security interests of the United States to do so. (3) Removal If the President removes from the list required by subsection (a) a person who has been placed on the list at the request of the chairperson and ranking member of one of the appropriate congressional committees, the President shall provide the chairperson and ranking member with any information that contributed to the removal decision. The President may submit such information in classified form if the President determines that such is necessary for the national security interests of the United States. (f) Nonapplicability of confidentiality requirement with respect to visa records The President shall publish the list required by subsection (a) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. 4. Inadmissibility of certain aliens (a) Ineligibility for visas An alien is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States if the alien is on the list required by section 3(a). (b) Current visas revoked The Secretary of State, in consultation with the Secretary of Homeland Security, shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) (c) Waiver for national security interests (1) In general The Secretary of State may waive the application of subsection (a) or (b) in the case of an alien if— (A) the Secretary determines that such a waiver— (i) is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, or other applicable international obligations of the United States; or (ii) is in the national security interests of the United States; and (B) prior to granting such a waiver, the Secretary provides to the appropriate congressional committees notice of, and a justification for, the waiver. (2) Timing for certain waivers Notification under subparagraph (B) of paragraph (1) shall be made not later than 15 days prior to granting a waiver under such paragraph if the Secretary grants such waiver in the national security interests of the United States in accordance with subparagraph (A)(ii) of such paragraph. (d) Regulatory authority The Secretary of State shall prescribe such regulations as are necessary to carry out this section. 5. Financial measures (a) Freezing of assets (1) In general The President shall exercise all powers granted by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act (50 U.S.C. 1701) shall not apply) to the extent necessary to freeze and prohibit all transactions in all property and interests in property of a person who is on the list required by section 3(a) of this Act if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Exception Paragraph (1) shall not apply to persons included on the classified annex under section 3(c)(2) if the President determines that such an exception is vital for the national security interests of the United States. (b) Waiver for national security interests The Secretary of the Treasury may waive the application of subsection (a) if the Secretary determines that such a waiver is in the national security interests of the United States. Not less than 15 days prior to granting such a waiver, the Secretary shall provide to the appropriate congressional committees notice of, and a justification for, the waiver. (c) Enforcement (1) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (2) Requirements for financial institutions Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe or amend regulations as needed to require each financial institution that is a United States person and has within its possession or control assets that are property or interests in property of a person who is on the list required by section 3(a) to certify to the Secretary that, to the best of the knowledge of the financial institution, the financial institution has frozen all assets within the possession or control of the financial institution that are required to be frozen pursuant to subsection (a). (d) Specially designated nationals list The Secretary of the Treasury shall include on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury each person who is on the list required by section 3(a) of this Act. (e) Regulatory authority The Secretary of the Treasury shall issue such regulations, licenses, and orders as are necessary to carry out this section. 6. Report to Congress Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary of State and the Secretary of the Treasury shall submit to the appropriate congressional committees a report on— (1) the actions taken to carry out this Act, including— (A) the number of persons added to or removed from the list required by section 3(a) during the year preceding the report, the dates on which such persons have been added or removed, and the reasons for adding or removing them; and (B) if few or no such persons have been added to that list during that year, the reasons for not adding more such persons to the list; and (2) efforts by the executive branch to encourage the governments of other countries to impose sanctions that are similar to the sanctions imposed under this Act. 7. Definitions In this Act: (1) Admitted; alien The terms admitted alien (2) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate. (3) Financial institution The term financial institution (4) United States person The term United States person (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.

Cyber Economic Espionage Accountability Act

Securing Teacher Effectiveness, Leadership, Learning, And Results Act of 2013 or STELLAR Act - Amends the Elementary and Secondary Education Act of 1965 to require each state receiving school improvement funds to: (1) define teacher and principal effectiveness and establish performance ratings; (2) demonstrate that it has developed, in collaboration with teachers and principals, a model teacher and principal evaluation program; (3) demonstrate that each of its local educational agencies (LEAs) has adopted a teacher and principal evaluation program; (4) demonstrate that each LEA is collaborating with teachers and principals in developing and making annual improvements to such program; (5) review, report on, and assist LEAs in improving such evaluation programs; and (6) establish procedures to ensure that ineffective teachers and principals facing unemployment are treated fairly. Requires teacher evaluations to: (1) emphasize student academic growth, (2) include observations of the teacher's classroom performance, (3) rate teachers using at least four performance categories, and (4) provide results that are comparable for all teachers in grade levels and subject areas across the state and within the teacher's LEA. Requires principal evaluations to: (1) emphasize student academic growth; (2) factor in their school's graduation rates; (3) assess the principal's success in recruiting, developing, evaluating, and retaining effective teachers; (4) assess the principal's leadership abilities through observations and other relevant data; (5) rate principals using at least four performance categories; and (6) provide results that are comparable across all principals within the LEA. Requires states to take steps to ensure that poor and minority children are not taught at higher rates than other children by teachers rated as less than effective. Requires states and LEAs to report the number and percentage of teachers and principals in each performance rating at: (1) the state, LEA, and school level; and (2) their LEAs and schools that have the highest and lowest poverty rates or the highest and lowest percentages of minority students. Requires states to report student attendance rates, disaggregated by each school and each teacher and principal at each school within specified jurisdictions. Directs the Secretary of Education to: (1) recognize each LEA that has innovative, high-quality, and effective teacher or principal evaluation programs that lead to professional development and improved student performance; and (2) establish a clearinghouse to share the best practices of such programs with educators.

To amend the Elementary and Secondary Education Act of 1965 to require the establishment of teacher evaluation programs. 1. Short title This Act may be cited as the Securing Teacher Effectiveness, Leadership, Learning, And Results Act of 2013 STELLAR Act 2. Findings Congress finds the following: (1) Effective teachers and principals are the backbone of our schools and the key to successful students. (2) Teachers and principals deserve our full support as they take on one of the most important and most challenging responsibilities—educating our children. (3) High-quality evaluations that provide meaningful feedback are a crucial element to giving educators the support they need to successfully achieve at high levels. (4) Teachers and principals also deserve access to professional development opportunities so they can continue to learn and grow as educators. (5) Research shows that high-quality and effective teaching is the single most important school-based factor impacting student learning. (6) In formal studies, including research highlighted in The Widget Effect (7) Across all local educational agencies, only 43 percent of teachers, including novice teachers who may benefit the most from feedback, report that current evaluations systems are helpful. (8) Research also shows that school leadership quality is second only to teacher quality among school-related factors in its impact on student learning. (9) Strong school leadership is a key determinant of whether schools can attract and retain effective teachers particularly in high-poverty schools, as research has found teachers’ satisfaction to be more influenced by the culture of the school than by the demographics of the school’s students. (10) Principals set the direction and vision for a school, and studies find that strong instructional leadership and a focus on building a shared mission focused on student achievement can create a positive teaching and learning environment. (11) Constructive feedback specifying areas for improvement could be useful to both teachers and principals who are dedicated to growing professionally. (12) The most effective way to turn around a struggling school is through talented teachers and an inspirational principal. (13) Effective teachers and principals also deserve to be recognized for excellence and to receive commendations in areas of strong performance and improvement. (14) Evaluations should give teachers and principals the opportunity to foster mutually beneficial professional relationships. (15) Teachers and principals should provide input and contribute directly to designing, implementing, and improving evaluation systems in their school districts. (16) High-quality teacher and principal evaluations have the potential to be a powerful tool and should play a significant role in building a talented force of educators. (17) The goal of evaluation systems is to improve individual, as well as whole school and district, teaching and leadership practices to benefit students. 3. Robust teacher and principal evaluations (a) In general Section 1111(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b) (11) Robust teacher and principal evaluations (A) In general Not later than 3 years after the date of enactment of the STELLAR Act, each State plan shall include the following: (i) The statewide definitions of teacher and principal effectiveness that the State has established and not less than 4 levels of performance ratings for teachers and for principals, including an effective rating and a highly effective rating, based on such definitions. (ii) A demonstration that the State has developed, after taking input from and collaborating with teachers and principals, a model teacher and principal evaluation program under which— (I) individuals in charge of administering teacher and principal evaluations within each local educational agency in the State are provided rigorous training on how to conduct the teacher and principal evaluations, including— (aa) how to identify areas for improvement and provide specific feedback about improving teaching and principal practice based on evaluation results; (bb) how to evaluate teachers and principals using the performance ratings described in clause (i) and established under subparagraphs (B)(iii) and (C)(vi); (cc) a measure of student academic growth with respect to the State’s academic standards of the school’s students, including students in each of the subgroups described in paragraph (2)(C)(v)(II), and training on how to interpret such measure; and (dd) how to reliably and accurately rate teachers using the State’s rigorous rubric that meets the requirements of subparagraph (B)(ii)(II)(aa); (II) a teacher or principal who is evaluated is provided, based on the evaluation results, professional development opportunities that meet the specific needs identified for the teacher or principal, including mentorship programs that use highly effective teachers or principals as leaders or coaches; (III) measures are taken to ensure that the results of personally identifiable teacher and principal evaluations are not publicly disclosed, except as required under subsection (h); (IV) regular monitoring and assessment of the quality, reliability, validity, fairness, consistency, and objectivity of the evaluation program and the evaluators’ judgments takes place within and across local educational agencies in the State; (V) each teacher’s performance is annually evaluated in accordance with subparagraph (B); (VI) each principal’s performance is annually evaluated in accordance with subparagraph (C); (VII) on the basis of the evaluation, each teacher or principal receives— (aa) a performance rating, as described in clause (i), that is based on multiple measures; (bb) in the case of a teacher, in addition to the measures required under subparagraph (B)— (AA) in a grade level and subject area with a statewide assessment, a measure of student learning gains that is comparable across the State for all teachers in grade levels and subject areas with a statewide assessment; or (BB) in a grade level and subject area without a statewide assessment, a measure of student learning comparable across the local educational agency for all teachers in the same grade without a statewide assessment for elementary schools and for all teachers in the same grade and subject area without a statewide assessment in secondary schools; (cc) ongoing formative feedback and specific recommendations on areas for professional improvement, which includes an identification of areas in which the teacher or principal can strengthen practices to improve student learning; (dd) commendations for excellence in areas of strong performance and in areas of significant improvement; and (ee) in the case of a teacher or principal who is identified as being in 1 of the lowest 2 performance ratings described in clause (i), a comprehensive remediation plan within set time parameters not to exceed 1 year; (VIII) evaluation results are clearly communicated to each teacher and principal, and the steps, goals, and requirements of a professional development or remediation plan are clearly communicated to the teacher or principal; (IX) evaluation results are the primary factor used in determining layoffs during any reduction in force; (X) evaluation results are used to ensure that low-income students and minority students are not assigned at higher rates than other students to classes in core academic subjects taught by teachers who have received 1 of the lowest 2 evaluation performance ratings in their most recent evaluation; (XI) evaluation results are used as the principal factor in informing all key personnel and staffing decisions, including decisions with respect to tenure, promotion, and retention; (XII) any teacher or principal who receives the lowest evaluation performance rating for 2 consecutive years is subject to dismissal; (XIII) any teacher or principal who receives the lowest performance rating and does not successfully improve performance on an evaluation after completing the comprehensive remediation plan as required under subclause (VII)(ee) is prohibited from working in any elementary school or secondary school served under this part; and (XIV) any teacher or principal who receives the second lowest performance rating and does not successfully improve performance on an evaluation after completing such comprehensive remediation plan is prohibited from working in any elementary school or secondary school— (aa) in a State-defined turnaround status; or (bb) in the lowest 5 percent of schools based on school performance against State-defined student achievement goals. (iii) A demonstration that each local educational agency in the State has adopted a local educational agency-wide teacher and principal evaluation program that— (I) was developed after seeking input from and collaborating with teachers and principals; (II) meets the standards for validity and reliability developed by the State; and (III) meets the minimum requirements set forth in clause (ii). (iv) A demonstration that each local educational agency in the State is seeking input from and collaborating with teachers and principals to make improvements to the evaluation program on an annual basis. (v) An assurance that the State will, on a regular basis— (I) review the teacher and principal evaluation systems used by the local educational agencies in the State, including— (aa) comparing the teacher and principal evaluation results, for each agency and each agency's schools, against the student academic achievement and student growth in the agency and each agency’s schools; (bb) assessing the extent to which each local educational agency’s existing system demonstrates meaningful differentiation among teacher performance levels and among principal performance levels; (cc) comparing implementation and results across the evaluation systems of local educational agencies in the State to ensure— (AA) comparability across the State in implementation of such systems; and (BB) that such systems meet the State’s criteria or definitions for each of the terms described in clause (i); and (dd) assessing the extent to which each local educational agency is using its evaluation system to inform major human resource systems; and (II) provide technical assistance to improve an agency’s teacher and principal evaluation system so that the system provides meaningful differentiation and is aligned with student academic achievement and student growth results in the agency and in each of the agency's schools. (vi) An assurance that beginning 1 year after the date of enactment of the STELLAR Act, the State educational agency will submit to the Secretary an annual report on implementation of the State’s evaluation programs. (vii) An assurance that the State will publish a report each year showing the average estimate of teacher impact on student growth for each of the performance categories. (viii) An assurance that the State is seeking input from teachers and principals on the effectiveness of methods measuring student growth and how to improve such methods. (ix) An assurance that processes and procedures are established to ensure fairness for nonprobationary teachers and principals facing loss of employment due to an ineffective rating in an evaluation program. (B) Requirements for teacher evaluations The evaluation of a teacher’s performance shall comply with the following minimum requirements: (i) Student academic growth A significant factor of the evaluation is based on student academic growth with respect to the State’s academic standards, as measured by— (I) in significant part, student learning gains on the State’s academic assessments established under paragraph (3) or, for grades and subjects not covered by the State’s academic assessments, another valid and reliable assessment of student academic achievement as long as the assessment is used consistently by the local educational agency in which the teacher is employed for the grade or subject area for which the assessment is administered; (II) at least one other valid and reliable measure of student academic achievement that is used consistently across the local educational agency in which the teacher is employed for the grade or subject area being measured; and (III) if available, value-added measures that track individual student academic growth while under the instruction of the teacher. (ii) Observations of teacher performance A portion of the evaluation is based on observations of the teacher’s performance in the classroom by more than 1 trained and objective observer— (I) that take place on several occasions during the school year in which the teacher is being evaluated; and (II) under which— (aa) a teacher is evaluated against a rigorous rubric that defines multiple performance categories in alignment with the State’s professional standards for teachers and definition of teacher and principal effectiveness as specified in clause (i); and (bb) observation ratings meaningfully differentiate among teachers’ performance and bear a relationship to evidence of student academic growth with respect to the State’s academic standards. (iii) Meaningful differentiation The evaluation provides performance ratings that meaningfully differentiate among teacher performance using the performance ratings and levels described in subparagraph (A)(i). (iv) Comparability of student gains The evaluation provides a measure of student learning gains that is comparable across the State for all teachers in grade levels and subject areas with a statewide assessment. (v) Comparability of results The evaluation provides results that are comparable, at a minimum, across all teachers within a grade level or, for secondary schools, for all teachers within a grade level and subject area in the local educational agency in which the teacher is employed. (C) Requirements for principal evaluations The evaluation of the performance of a principal of a school shall comply with the following minimum requirements: (i) Student academic growth A significant factor of the evaluation is based on student academic growth attainment with respect to the State’s academic standards of the school’s students, including students in each of the subgroups described in paragraph (2)(C)(v)(II). (ii) Graduation rates For a principal of a secondary school, a portion of the evaluation is based on improvements in the school’s graduation rate as defined in section 200.19(b) (iii) Support of effective teachers A portion of the evaluation is based on the recruitment, development, evaluation, and retention of effective teachers. (iv) Leadership abilities A portion of the evaluation is based on the leadership abilities of the principal, as measured by observations of the principal and other relevant data evaluated against a rigorous rubric that defines multiple performance categories in alignment with the State’s professional standards for principals. (v) Content of observation ratings The observations described in clause (iv) provide observation ratings that— (I) meaningfully differentiate among principals’ performance; and (II) bear a strong relationship to evidence of student academic growth with respect to the State’s academic standards. (vi) Meaningful differentiation The evaluation provides performance ratings that meaningfully differentiate among principal performance using the performance ratings and levels described in subparagraph (A)(i). (vii) Comparability of results The evaluation provides results that are comparable across all principals within the local educational agency in which the principal is employed. . (b) Additional State plan requirements Section 1111(b)(8)(C) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(8)(C) or teachers who received a performance rating under the evaluation system described in paragraph (11) that is in the lowest 2 performance levels teachers 4. Public reporting Section 1111(h) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(h) (1) in paragraph (1)(C)— (A) in clause (vii), by striking and (B) in clause (viii), by striking the period at the end and inserting ; and (C) by adding at the end the following: (ix) for each performance rating established under subsection (b)(11)(A)(i), the number and percentage of teachers, and the number and percentage of principals, who received such performance rating, for— (I) the State overall; (II) the highest poverty and lowest poverty local educational agencies; and (III) the highest minority and lowest minority local educational agencies. ; (2) in paragraph (2)(B)— (A) in clause (i)— (i) in subclause (I), by striking and (ii) by adding at the end the following: (III) for each performance rating established under subsection (b)(11)(A)(i), the number and percentage of teachers, and the number and percentage of principals, who received such performance rating, for— (aa) the local educational agency overall; (bb) the highest poverty and lowest poverty schools; and (cc) the highest minority and lowest minority schools; and ; and (B) in clause (ii)— (i) in subclause (I), by striking and (ii) in subclause (II), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (III) for each performance rating established under subsection (b)(11)(A)(i), the number and percentage of teachers at the school that received such performance rating. ; (3) in paragraph (4)— (A) in subparagraph (F), by striking and (B) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (H) the information required to be reported under paragraphs (1)(C)(ix) and (2)(B)(i)(III); and (I) the overall student attendance rates, including truancy, graduation, and dropout rates, disaggregated by each school and each individual teacher and individual principal at each school under the jurisdiction of— (i) the State educational agency; (ii) the highest poverty and lowest poverty local educational agencies; (iii) the highest minority and lowest minority local educational agencies; and (iv) each local educational agency, including the highest and lowest poverty schools and the highest minority and lowest minority schools under the jurisdiction of the agency. ; and (4) by adding at the end the following: (7) Definitions For purposes of this subsection: (A) Highest minority The term highest minority (B) Highest poverty The term highest poverty (C) Lowest minority The term lowest minority (D) Lowest poverty The term lowest poverty (E) Student academic growth The term student academic growth . 5. Recognition of local educational agencies The Secretary of Education shall, based on the information received from each local educational agency report card under section 1111(h)(2)(B)(i)(III) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(2)(B)(i)(III))— (1) recognize and provide commendations to each local educational agency that implements or has implemented innovative, high-quality, and effective teacher or principal evaluation programs that lead to professional development and improved student performance; and (2) establish a clearinghouse in the Department of Education to share the best practices of such programs with educators.

STELLAR Act

Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award competitive grants to partnerships to: (1) provide high quality professional development to elementary school principals in early childhood education and development; (2) gain a knowledge base and capacity to provide high quality early childhood education; and (3) collaborate with early childhood education providers, services providers, and families in creating a continuum of high quality development and learning for children in the community and school settings. Requires each partnership to consist of: (1) a public or private entity experienced in training elementary school principals, (2) at least one public agency, and (3) at least one early childhood education organization that trains early childhood education providers. Requires grantees to conduct an ongoing evaluation of the effectiveness of their grant-funded programs and activities. Directs the Secretary to establish a panel of leading experts in elementary and early childhood education to: (1) identify the best practices in professional development for elementary school principals in early childhood education, (2) review the effective coordination of such training among this Act's grantees, and (3) disseminate the latest research and findings regarding such training.

To provide professional development for elementary school principals in early childhood education and development. 1. Professional development for elementary school principals in early childhood education and development (a) In general Part A of title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6601 et seq. 6 Professional development for elementary school principals in early childhood education and development 2161. Purpose The purpose of this subpart is to improve the knowledge of elementary school principals in areas related to early childhood education and development in order to— (1) create high quality early learning environments; (2) provide a continuum of learning through the third grade with developmentally effective and appropriate curricula and teaching practices; (3) establish partnerships and collaboration with community-based early childhood education providers and families to better support— (A) learning at each stage; (B) effective transition among settings; and (C) continuous family engagement; and (4) support school readiness by providing high quality professional development for elementary school principals. 2162. Definition of principal competencies in early childhood education and development (a) In general In this subpart, the term principal competencies in early childhood education and development (1) elementary school principals must know and be able to do; and (2) are acquired through high quality professional development in early childhood education and developmentally appropriate practice. (b) Inclusions The principal competencies in early childhood education and development include— (1) supporting an expanded continuum of learning through the third grade to ensure an effective transition from early learning or home settings to the primary school years; (2) engaging the school community to partner with early learning programs, and working with families to set a shared vision for understanding early childhood development; (3) supporting teachers through strong instructional leadership; and (4) providing safe and supportive early learning environments that focus on the needs of the whole child, including the intellectual, social, emotional, physical, and nutritional well-being of children; and (5) utilizing multiple measures of developmentally appropriate assessment and acquiring the ability to manage and use data effectively to make instructional decisions. 2163. Grant program authorized (a) Grants to partnerships (1) In general The Secretary is authorized to award grants, on a competitive basis, to partnerships described in paragraph (2) to enable the partnerships to carry out the authorized activities described in subsection (b). (2) Partnerships A partnership referred to in paragraph (1) shall consist of— (A) a public or private entity with a demonstrated capacity to provide professional development for elementary school principals; (B) one or more public agencies, including— (i) a local educational agency; (ii) a State educational agency; (iii) a State human services agency; (iv) a State lead agency administering a program under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. (v) a public agency administering a State funded prekindergarten program; or (vi) a Head Start agency, including an Early Head Start agency; and (C) one or more early childhood education organizations that provide professional development to early childhood education providers. (3) Duration The Secretary shall award a grant under this subpart for a period of not less than 3 years. (4) Renewal The Secretary may renew a grant under this subpart if the Secretary determines, on the basis of the evaluations submitted under subsection (e)(1)(B), that the programs and activities carried out under the grant have been effective. (b) Authorized activities (1) Required uses Each partnership receiving a grant under this subpart shall use the grant funds— (A) to carry out high quality professional development to help elementary school principals acquire principal competencies in early childhood education and development in order to support increased school readiness for students; (B) to gain a knowledge base and capacity to provide high quality early childhood education; and (C) to work collaboratively with early childhood education providers, services providers, and families in creating a continuum of high quality development and learning for children in the community and school settings. (2) Allowable activities The activities described in paragraph (1) may include providing professional development programs for elementary school principals, including mentoring programs and other means of professional learning, in— (A) early childhood education and development in all domains (including language arts and literacy, mathematics, emotional development, social development, approaches to learning, physical development, science, and creative arts), and the continuity of standards and high quality curriculum and teaching practices from prekindergarten through the third grade, with emphasis on meeting the needs of children with disabilities and English language learners; (B) safe and supportive early learning environments that focus on the social, emotional, and cognitive needs of children; (C) collaborating with early childhood education providers and other community based organizations to provide multiple educational and social service programs to meet the needs of children in prekindergarten through the third grade related to learning and development; and (D) providing ongoing transition services for children through active family engagement. (c) Priority In awarding grants under this subpart the Secretary shall give priority to supporting professional development programs that target opportunities for elementary school principals— (1) to participate in high quality induction and mentoring programs for principals during the principals' first 5 years of employment as a principal; (2) to better understand ways to enhance family engagement and transition strategies, improve transition services, and work more collaboratively with community-based early childhood education providers; (3) to create a continuum of high quality teaching and learning for children in prekindergarten through the third grade; and (4) to participate in ongoing professional development, which may include mentoring programs for veteran principals in the education field. (d) Applications (1) In general Each partnership desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents required Each application submitted to the Secretary under paragraph (1) shall include— (A) a description of the professional development for elementary school principals that will be provided under the grant, including how the principals will access professional development; (B) a description of the professional development described in subparagraph (A) that will be provided in rural areas if applicable; (C) how the professional development will address— (i) child development and learning and the relationship of such development and learning to providing— (I) safe, supportive, and engaging learning environments; and (II) support for instructional and educational staff in using developmentally appropriate curricula, assessments, and other practices; (ii) outreach and engagement of families in their child’s learning; (iii) opportunities to collaborate with community based organizations on continuity of standards, curricula, family education, and transition services from community based settings to schools and from year to year; (iv) collaborative planning to support developmentally appropriate interactions between teachers, children, and the families of children; and (v) sustainability of the ongoing professional development upon completion of the grant term. (e) Evaluation and dissemination (1) Evaluation (A) In general Each partnership that receives a grant under this subpart shall conduct an ongoing evaluation to— (i) assess the effectiveness of the programs and activities carried out under the grant; (ii) assess whether professional development programs for elementary school principals in early childhood education may lead to improved school performance; and (iii) determine how effective professional development programs and activities can be replicated. (B) Submission The results of the evaluation described in subparagraph (A) shall be submitted to the Secretary annually. (2) Dissemination Using funds made available under this subpart, the Secretary shall establish a panel of leading experts in elementary and early childhood education, including researchers, elementary school principals, and classroom practitioners, to— (A) identify best practices in professional development for elementary school principals in early childhood education, and review effective coordination of professional development among the partnerships receiving grants under this subpart; and (B) disseminate to the public the latest research and findings in professional development for elementary school principals in early childhood education, including through reports and technical assistance. (f) Inapplicability The provisions of subparts 1 through 5 shall not apply to this subpart. (g) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this subpart for fiscal year 2014 and each of the 4 succeeding fiscal years. . (b) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 2151 the following: SUBPART 6—Professional development for elementary school principals in early childhood education and development Sec. 2161. Purpose. Sec. 2162. Definition of principal competencies in early childhood education and development. Sec. 2163. Grant program authorized. .

A bill to provide professional development for elementary school principals in early childhood education and development.

Currency Exchange Rate Oversight Reform Act of 2013 - Directs the Secretary of the Treasury to: (1) make public and report biannually to Congress on international monetary policy and currency exchange rates; and (2) appear, if requested, before certain congressional committees to testify regarding such reports. Prescribes report contents, including: (1) an analysis of currency market developments and the relationship between the U.S. dollar and the currencies of major economies and trading partners of the United States, (2) a review of the economic and monetary policies of major economies and trading partners of the United States and an evaluation of how such policies impact currency exchange rates, and (3) a list of currencies designated as fundamentally misaligned currencies. Instructs the Secretary to: (1) analyze semiannually the prevailing real effective exchange rates of foreign currencies; (2) determine whether any such currency is in fundamental misalignment; and (3) designate it for priority action if the issuing country engages in specified behavior, including excessive and prolonged official or quasi-official accumulation of foreign assets for balance of payments purposes. Prescribes procedures for: (1) negotiations and consultations; and (2) actions in response to failure, including persistent failure, to adopt appropriate policies, or take identifiable action to eliminate the fundamental misalignment. Requires the Secretary, before the United States approves a proposed change in the governance arrangement of any international financial institution, to determine whether any member of the international financial institution that would benefit from the proposed change, in the form of increased voting shares or representation, has a currency designated for priority action. Requires U.S. opposition to the proposed change if the Secretary renders an affirmative determination. Amends the Tariff Act of 1930, for purposes of an antidumping investigation or review, to require an adjustment in the price used to establish export (and constructed export) prices, in the case of a fundamentally misaligned currency designated for priority action, by reducing such price by the percentage by which the domestic currency of the producer or exporter is undervalued in relation to the U.S. dollar. Requires the administering authority, upon the filing of a petition by an interested party, to initiate a countervailing duty investigation or review to determine whether currency undervaluation by the government of, or any public entity within, a foreign country is providing, directly or indirectly, a countervailable subsidy to its exporters or products. Requires the same kind of countervailing duty investigation upon the designation of a foreign currency as a fundamentally misaligned currency for priority action. Declares that the fact that such a subsidy is also provided in circumstances not involving export shall not, for that reason alone, mean it cannot be considered export contingent and actionable under a countervailing duty and antidumping duty proceeding. Declares that the amendments made by this Act shall apply to goods from Canada and Mexico. Adds as a factor the administering authority must take into account in determining whether a foreign country is a nonmarket economy country the question of whether its currency is designated, or has been designated at any time over the five years before review of any nonmarket economy status, for priority action under this Act. Establishes the Advisory Committee on International Exchange Rate Policy. Repeals the Exchange Rates and International Economic Policy Coordination Act of 1988.

To provide for identification of misaligned currency, require action to correct the misalignment, and for other purposes. 1. Short title This Act may be cited as the Currency Exchange Rate Oversight Reform Act of 2013 2. Definitions In this Act: (1) Administering authority The term administering authority 19 U.S.C. 1677(1) (2) Agreement on government procurement The term Agreement on Government Procurement (3) Country The term country (4) Exporting country The term exporting country (5) Fundamental misalignment The term fundamental misalignment (6) Fundamentally misaligned currency The term fundamentally misaligned currency (7) Real effective exchange rate The term real effective exchange rate (8) Secretary The term Secretary (9) Sterilization The term sterilization (10) Subject merchandise The term subject merchandise 19 U.S.C. 1677(25) (11) WTO agreement The term WTO Agreement 19 U.S.C. 3501(9) 3. Report on international monetary policy and currency exchange rates (a) Reports required (1) In general Not later than March 15 and September 15 of each calendar year, the Secretary, after consulting with the Chairman of the Board of Governors of the Federal Reserve System and the Advisory Committee on International Exchange Rate Policy, shall submit to Congress and make public, a written report on international monetary policy and currency exchange rates. (2) Consultations On or before March 30 and September 30 of each calendar year, the Secretary shall appear, if requested, before the Committee on Banking, Housing, and Urban Affairs and the Committee on Finance of the Senate and the Committee on Financial Services and the Committee on Ways and Means of the House of Representatives to provide testimony on the reports submitted pursuant to paragraph (1). (b) Content of reports Each report submitted under subsection (a) shall contain the following: (1) An analysis of currency market developments and the relationship between the United States dollar and the currencies of major economies and trading partners of the United States. (2) A review of the economic and monetary policies of major economies and trading partners of the United States, and an evaluation of how such policies impact currency exchange rates. (3) A description of any currency intervention by the United States or other major economies or trading partners of the United States, or other actions undertaken to adjust the actual exchange rate relative to the United States dollar. (4) An evaluation of the domestic and global factors that underlie the conditions in the currency markets, including— (A) monetary and financial conditions; (B) accumulation of foreign assets; (C) macroeconomic trends; (D) trends in current and financial account balances; (E) the size, composition, and growth of international capital flows; (F) the impact of the external sector on economic growth; (G) the size and growth of external indebtedness; (H) trends in the net level of international investment; and (I) capital controls, trade, and exchange restrictions. (5) A list of currencies designated as fundamentally misaligned currencies pursuant to section 4(a)(2), and a description of any economic models or methodologies used to establish the list. (6) A list of currencies designated for priority action pursuant to section 4(a)(3). (7) An identification of the nominal value associated with the medium-term equilibrium exchange rate, relative to the United States dollar, for each currency listed under paragraph (6). (8) A description of any consultations conducted or other steps taken pursuant to section 5, 6, or 7, including any actions taken to eliminate the fundamental misalignment. (9) A description of any determination made pursuant to section 9(a). (c) Consultations (1) In general The Secretary shall consult with the Chairman of the Board of Governors of the Federal Reserve System and the Advisory Committee on International Exchange Rate Policy with respect to the preparation of each report required under subsection (a). (2) Comments Not later than the date that is 15 days before the date each report is due under subsection (a), the Chairman of the Board of Governors of the Federal Reserve System and the Advisory Committee on International Exchange Rate Policy shall submit to the Secretary any comments of the Chairman or Advisory Committee on the report. (3) Consideration The Secretary shall review and consider all comments received from the Chairman and the Advisory Committee under paragraph (2) before submitting the report required under subsection (a). 4. Identification of fundamentally misaligned currencies (a) Identification (1) In general The Secretary shall analyze on a semiannual basis the prevailing real effective exchange rates of foreign currencies. (2) Designation of fundamentally misaligned currencies With respect to the currencies of countries that have significant bilateral trade flows with the United States, and currencies that are otherwise significant to the operation, stability, or orderly development of regional or global capital markets, the Secretary shall determine whether any such currency is in fundamental misalignment and shall designate such currency as a fundamentally misaligned currency. (3) Designation of currencies for priority action The Secretary shall designate a currency identified under paragraph (2) for priority action if the country that issues such currency is— (A) engaging in protracted large-scale intervention in the currency exchange market, particularly if accompanied by partial or full sterilization; (B) engaging in excessive and prolonged official or quasi-official accumulation of foreign exchange reserves and other foreign assets, for balance of payments purposes; (C) introducing or substantially modifying for balance of payments purposes a restriction on, or incentive for, the inflow or outflow of capital, that is inconsistent with the goal of achieving full currency convertibility; or (D) pursuing any other policy or action that, in the view of the Secretary, warrants designation for priority action. (b) Reports The Secretary shall include a list of any foreign currency designated under paragraph (2) or (3) of subsection (a) and the data and reasoning underlying such designations in each report required by section 3. 5. Negotiations and consultations (a) In general Upon designation of a currency pursuant to section 4(a)(2), the Secretary shall seek to consult bilaterally with the country that issues such currency in order to facilitate the adoption of appropriate policies to address the fundamental misalignment. (b) Consultations involving currencies designated for priority action With respect to each currency designated for priority action pursuant to section 4(a)(3), the Secretary shall, in addition to seeking to consult with a country pursuant to subsection (a)— (1) seek the advice of the International Monetary Fund with respect to the findings of the Secretary in the report submitted to Congress pursuant to section 3(a); and (2) encourage other governments, whether bilaterally or in appropriate multinational fora, to join the United States in seeking the adoption of appropriate policies by the country described in subsection (a) to eliminate the fundamental misalignment. 6. Failure to adopt appropriate policies (a) Determination and measures required (1) Determination Not later than 90 days after the date on which a currency is designated for priority action pursuant to section 4(a)(3), the Secretary shall determine whether the country that issues the currency has adopted appropriate policies, and taken identifiable action, to eliminate the fundamental misalignment. (2) Notification and publication The Secretary shall promptly notify Congress of the determination under paragraph (1) and publish notice of the determination in the Federal Register. (3) Measures If the Secretary determines that the country that issues the currency described in paragraph (1) has failed to adopt appropriate policies, or take identifiable action, to eliminate the fundamental misalignment, the measures specified in subsection (b) shall apply with respect to the country until a notification described in section 7(b) is published in the Federal Register. (b) Measures specified The measures specified in this subsection are, with respect to a country, the following: (1) Adjustment under antidumping law For purposes of an antidumping investigation under subtitle B of title VII of the Tariff Act of 1930 ( 19 U.S.C. 1673 et seq. (A) In general The administering authority shall ensure a fair comparison between the export price and the normal value by adjusting the price used to establish export price or constructed export price to reflect the fundamental misalignment of the currency of the country. (B) Sales subject to adjustment The adjustment described in subparagraph (A) shall apply with respect to subject merchandise sold on or after the date that is 30 days after the date the currency of the country is designated for priority action pursuant to section 4(a)(3). (2) Federal procurement (A) In general The President shall prohibit the procurement by the Federal Government of products or services from the country. (B) Exception The prohibition provided for in subparagraph (A) shall not apply with respect to a country that is a party to the Agreement on Government Procurement. (3) Request for IMF action The United States shall inform the Managing Director of the International Monetary Fund of the failure of the country to adopt appropriate policies, or to take identifiable action, to eliminate the fundamental misalignment, and the actions the country is engaging in that are identified in section 4(a)(3), and shall request that the Managing Director of the International Monetary Fund— (A) consult with the country regarding the observance of the obligations of the country under article IV of the International Monetary Fund Articles of Agreement, including through special consultations, if necessary; and (B) not later than 180 days after the date of the request, formally report the results of such consultations to the Executive Board of the International Monetary Fund. (4) OPIC financing The Overseas Private Investment Corporation shall not approve any new financing (including insurance, reinsurance, or guarantee) with respect to a project located within the country. (5) Multilateral bank financing (A) In general The Secretary shall instruct the United States Executive Director at each multilateral bank to oppose the approval of any new financing (including loans, other credits, insurance, reinsurance, or guarantee) to the government of the country or for a project located within the country. (B) Multilateral bank The term multilateral bank 22 U.S.C. 262r (c) Waiver (1) In general The President may waive any action provided for under subsection (a) or (b) if the President determines that— (A) taking the action would cause serious harm to the national security of the United States; or (B) it is in the vital economic interest of the United States to do so and taking the action would have an adverse impact on the United States economy greater than the benefits of the action. (2) Notification The President shall promptly notify Congress of a determination under paragraph (1) (and the reasons for the determination, if made under paragraph (1)(B)) and shall publish notice of the determination (and the reasons for the determination, if made under paragraph (1)(B)) in the Federal Register. (d) Reports The Secretary shall describe any action or determination pursuant to subsection (a), (b), or (c) in the first semiannual report required by section 3 after the date of the action or determination. 7. Persistent failure to adopt appropriate policies (a) Determination and measures required (1) Determination Not later than 360 days after the date on which a currency is designated for priority action pursuant to section 4(a)(3), the Secretary shall determine whether the country that issues the currency has adopted appropriate policies, and taken identifiable action, to eliminate the fundamental misalignment. (2) Notification and publication The Secretary shall promptly notify Congress of the determination under paragraph (1) and shall publish notice of the determination in the Federal Register. (3) Measures If the Secretary determines that the country that issues the currency has failed to adopt appropriate policies, or take identifiable action, to eliminate the fundamental misalignment, in addition to the measures specified in section 6(b), the following measures shall apply with respect to the country until a notification described in subsection (b) is published in the Federal Register: (A) Action at the WTO The United States Trade Representative shall request consultations in the World Trade Organization with the country regarding the consistency of the actions of the country with its obligations under the WTO Agreement. (B) Remedial intervention (i) In general The Secretary shall consult with the Board of Governors of the Federal Reserve System to consider undertaking remedial intervention in international currency markets in response to the fundamental misalignment of the currency designated for priority action, and coordinating the intervention with other monetary authorities and the International Monetary Fund. In doing so, the Secretary shall consider the impact of the intervention on domestic economic growth and stability, including the impact on interest rates. (ii) Notice to country At the same time the Secretary takes action under clause (i), the Secretary shall notify the country that issues the currency of the consultations under clause (i). (b) Notification The Secretary shall promptly notify Congress when a country that issues a currency designated for priority action pursuant to section 4(a)(3) adopts appropriate policies, or takes identifiable action, to eliminate the fundamental misalignment, and publish notice of the action of that country in the Federal Register. (c) Waiver (1) In general The President may waive any action provided for under this section, or extend any waiver provided for under section 6(c), if the President determines that— (A) taking the action would cause serious harm to the national security of the United States; or (B) it is in the vital economic interest of the United States to do so, and that taking the action would have an adverse impact on the United States economy substantially out of proportion to the benefits of the action. (2) Notification The President shall promptly notify Congress of a determination under paragraph (1) (and the reasons for the determination, if made under paragraph (1)(B)) and shall publish notice of the determination (and the reasons for the determination, if made under paragraph (1)(B)) in the Federal Register. (d) Disapproval of waiver If the President waives an action pursuant to subsection (c)(1)(B), or extends a waiver provided for under section 6(c)(1)(B), the waiver shall cease to have effect upon the enactment of a resolution of disapproval described in section 8(a)(2). (e) Reports The Secretary shall describe any action or determination pursuant to subsection (a), (b), or (c) in the first semiannual report required by section 3 after the date of such action or determination. 8. Congressional disapproval of waiver (a) Resolution of Disapproval (1) Introduction If a resolution of disapproval is introduced in the House of Representatives or the Senate during the 90-day period (not counting any day which is excluded under section 154(b)(1) of the Trade Act of 1974 (2) Resolution of disapproval In this subsection, the term resolution of disapproval That Congress does not approve the determination of the President under ___________ of the Currency Exchange Rate Oversight Reform Act of 2013 (3) Procedures for considering resolutions (A) Introduction and referral Resolutions of disapproval— (i) in the House of Representatives— (I) may be introduced by any Member of the House of Representatives; (II) shall be referred to the Committee on Financial Services and to the Committee on Rules; and (III) may not be amended by either Committee; and (ii) in the Senate— (I) may be introduced by any Member of the Senate; (II) shall be referred to the Committee on Banking, Housing, and Urban Affairs; and (III) may not be amended. (B) Committee discharge and floor consideration The provisions of subsections (c) through (f) of section 152 of the Trade Act of 1974 (b) Rules of House of Representatives and Senate This section is enacted by Congress— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and the rules provided for in this section supersede other rules only to the extent that they are inconsistent with those other rules; and (2) with the full recognition of the constitutional right of either House to change the rules provided for in this section (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. 9. International financial institution governance arrangements (a) Initial review (1) In general Notwithstanding any other provision of law, before the United States approves a proposed change in the governance arrangement of any international financial institution, as defined in section 1701(c)(2) of the International Financial Institutions Act ( 22 U.S.C. 262r(c)(2) (2) Report The Secretary shall submit to Congress the determination required by paragraph (1). (b) Subsequent action The United States shall oppose any proposed change in the governance arrangement of the international financial institution if the Secretary renders an affirmative determination pursuant to subsection (a). (c) Further action The United States shall continue to oppose any proposed change in the governance arrangement of the international financial institution, pursuant to subsection (b), until the Secretary determines and reports to Congress that the proposed change would not benefit any member of the international financial institution, in the form of increased voting shares or representation, that has a currency that is designated a currency for priority action pursuant to section 4(a)(3). 10. Adjustment for fundamentally misaligned currency designated for priority action (a) In general Subsection (c)(2) of section 772 of the Tariff Act of 1930 ( 19 U.S.C. 1677a(c)(2) (1) in subparagraph (A), by striking and (2) in subparagraph (B), by striking the period at the end and inserting , and (3) by adding at the end the following: (C) if required by section 6(b)(1) of the Currency Exchange Rate Oversight Reform Act of 2013 . (b) Calculation methodology Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is amended by adding at the end the following: (37) Percentage undervaluation The administering authority shall determine the percentage by which the domestic currency of the producer or exporter is undervalued in relation to the United States dollar by comparing the nominal value associated with the medium-term equilibrium exchange rate of the domestic currency of the producer or exporter, identified by the Secretary pursuant to section 3(b)(7) of the Currency Exchange Rate Oversight Reform Act of 2013 . 11. Currency undervaluation under countervailing duty law (a) Investigation or review Subsection (c) of section 702 of the Tariff Act of 1930 ( 19 U.S.C. 1671a(c) (6) Currency undervaluation For purposes of a countervailing duty investigation under this subtitle where the determinations under clauses (i) and (ii) of paragraph (1)(A) are affirmative, or a review under subtitle C of this title, the following shall apply: (A) In general The administering authority shall initiate an investigation to determine whether currency undervaluation by the government of a country or any public entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy as described in section 771(5), if— (i) a petition filed by an interested party (described in subparagraph (C), (D), (E), (F), or (G) of section 771(9)) alleges the elements necessary for the imposition of the duty imposed by section 701(a); and (ii) the petition is accompanied by information reasonably available to the petitioner supporting those allegations. (B) Designation of fundamentally misaligned currency for priority action Upon designation of a currency as a fundamentally misaligned currency for priority action pursuant to section 4(a)(3) of the Currency Exchange Rate Oversight Reform Act of 2013 (i) a petition filed by an interested party (described in subparagraph (C), (D), (E), (F), or (G) of section 771(9)) alleges the elements necessary for the imposition of the duty imposed by section 701(a); and (ii) the petition is accompanied by information reasonably available to the petitioner supporting those allegations. . (b) Benefit calculation methodology Section 771 of the Tariff Act of 1930 ( 19 U.S.C. 1677 (38) Currency undervaluation benefit For purposes of a countervailing duty investigation under subtitle A of this title, or a review under subtitle C of this title, the following shall apply: (A) In general If the administering authority determines to investigate whether currency undervaluation is a countervailable subsidy as defined in section 771(5), the administering authority shall determine whether there is a benefit to the recipient and measure such benefit by comparing the simple average of the real exchange rates derived from application of the macroeconomic-balance approach and the equilibrium-real-exchange-rate approach to the official daily exchange rate identified by the administering authority. (B) Reliance on data In making the determination under subparagraph (A), the administering authority shall rely upon data that are publicly available, reliable, and compiled and maintained by the International Monetary Fund or the World Bank, or other international organizations or national governments if data from the International Monetary Fund or World Bank are not available. (C) Designation of fundamentally misaligned currency for priority action In the case of designation of a currency as a fundamentally misaligned currency for priority action pursuant to section 4(a)(3) of the Currency Exchange Rate Oversight Reform Act of 2013 (D) Definitions In this paragraph: (i) Macroeconomic-balance approach The term macroeconomic-balance approach (ii) Equilibrium-real-exchange-rate approach The term equilibrium-real-exchange-rate approach (iii) Real exchange rates The term real exchange rates . (c) Export subsidy Section 771(5A)(B) of the Tariff Act of 1930 (19 U.S.C. 1677(5A)(B)) is amended by adding at the end the following new sentence: The fact that a subsidy may also be provided in circumstances that do not involve export shall not, for that reason alone, mean that the subsidy cannot be considered contingent upon export performance. (d) Effective date The amendments made by this section apply to countervailing duty investigations initiated under subtitle A of title VII of the Tariff Act of 1930 ( 19 U.S.C. 1671 et seq. 19 U.S.C. 1675 et seq. (1) before the date of the enactment of this Act, if the investigation or review is pending a final determination as of such date of enactment; and (2) on or after such date of enactment. 12. Nonmarket economy status Paragraph (18)(B) of section 771 of the Tariff Act of 1930 ( 19 U.S.C. 1677(18)(B) (1) in clause (v), by striking and (2) by redesignating clause (vi) as clause (vii); and (3) by inserting after clause (v) the following: (vi) whether the currency of the foreign country is designated, or has been designated at any time over the 5 years prior to review of nonmarket economy status, a currency for priority action pursuant to section 4(a)(3) of the Currency Exchange Rate Oversight Reform Act of 2013 . 13. Application to Canada and Mexico Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act ( 19 U.S.C. 3438 14. Advisory committee on international exchange rate policy (a) Establishment (1) In general There is established an Advisory Committee on International Exchange Rate Policy (in this section referred to as the Committee (A) advising the Secretary in the preparation of each report to Congress on international monetary policy and currency exchange rates, provided for in section 3; and (B) advising Congress and the President with respect to— (i) international exchange rates and financial policies; and (ii) the impact of such policies on the economy of the United States. (2) Membership (A) In general The Committee shall be composed of 9 members as follows, none of whom shall be employees of the Federal Government: (i) Congressional appointees (I) Senate appointees Four members shall be appointed by the President pro tempore of the Senate, upon the recommendation of the chairmen and ranking members of the Committee on Banking, Housing, and Urban Affairs and the Committee on Finance of the Senate. (II) House appointees Four members shall be appointed by the Speaker of the House of Representatives upon the recommendation of the chairmen and ranking members of the Committee on Financial Services and the Committee on Ways and Means of the House of Representatives. (ii) Presidential appointee One member shall be appointed by the President. (B) Qualifications Members shall be selected under subparagraph (A) on the basis of their objectivity and demonstrated expertise in finance, economics, or currency exchange. (3) Terms (A) In general Members shall be appointed for a term of 4 years or until the Committee terminates. (B) Reappointment An individual may be reappointed to the Committee for additional terms. (4) Vacancies Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner as the original appointment. (b) Duration of committee (1) In general Notwithstanding section 14(c) (2) Subsequent renewals The President may continue to renew the Committee for successive 4-year periods by taking appropriate action prior to the date on which the Committee would otherwise terminate. (c) Public meetings (1) Public comments The Committee shall hold at least 2 public meetings each year for the purpose of accepting public comments, including comments from small business owners. (2) Call of Secretary or members The Committee shall also meet as needed at the call of the Secretary or at the call of two-thirds of the members of the Committee. (d) Chairperson (1) Election The Committee shall elect from among its members a chairperson for a term of 4 years or until the Committee terminates. (2) Subsequent terms A chairperson of the Committee may be reelected chairperson but is ineligible to serve consecutive terms as chairperson. (e) Staff The Secretary shall make available to the Committee such staff, information, personnel, administrative services, and assistance as the Committee may reasonably require to carry out its activities. (f) Application of Federal advisory committee Act (1) In general The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee. (2) Exception Except for the 2 annual public meetings required under subsection (c)(1), meetings of the Committee shall be exempt from the requirements of subsections (a) and (b) of sections 10 and 11 of the Federal Advisory Committee Act (relating to open meetings, public notice, public participation, and public availability of documents) (5 U.S.C. App.), whenever and to the extent it is determined by the President or the Secretary that such meetings will be concerned with matters the disclosure of which would seriously compromise the development by the United States Government of monetary and financial policy. 15. Repeal of the Exchange Rates and Economic Policy Coordination Act of 1988 The Exchange Rates and International Economic Policy Coordination Act of 1988 ( 22 U.S.C. 5301 et seq.

Currency Exchange Rate Oversight Reform Act of 2013

Fallen Firefighters Assistance Tax Clarification Act of 2013 - Treats payments made on or after December 24, 2012, and before December 31, 2013, by a tax-exempt organization on behalf of any firefighter who died or was injured as a result of the ambush of firefighters responding to an emergency on December 24, 2012, in Webster, New York, as related to the purpose or function forming the basis of such organization's tax-exempt status, if such payments are made in good faith using a reasonable and objective formula which is consistently applied.  

To treat payments by charitable organizations with respect to certain firefighters as exempt payments. 1. Short title This Act may be cited as the Fallen Firefighters Assistance Tax Clarification Act of 2013 2. Payments by charitable organizations with respect to certain firefighters treated as exempt payments (a) In general For purposes of the Internal Revenue Code of 1986, payments made on behalf of any firefighter who died or was injured as a result of the ambush of firefighters responding to an emergency on December 24, 2012, in Webster, New York, to any family member of such firefighter or aforementioned injured firefighters by an organization described in paragraph (1) or (2) of section 509(a) of such Code shall be treated as related to the purpose or function constituting the basis for such organization’s exemption under section 501 of such Code if such payments are made in good faith using a reasonable and objective formula which is consistently applied. (b) Application Subsection (a) shall apply only to payments made on or after December 24, 2012, and before December 31, 2013.

Fallen Firefighters Assistance Tax Clarification Act of 2013

Commuter Benefits Equity Act of 2013 - Amends the Internal Revenue Code to equalize and increase to $245, with a cost-of-living adjustment after 2013, the tax exclusion for both transportation and parking fringe benefits. Authorizes agencies to establish a program involving such benefits in lieu of transit passes to encourage commuting by federal employees by means other than single-occupancy motor vehicles.

To amend the Internal Revenue Code of 1986 to equalize the exclusion from gross income of parking and transportation fringe benefits and to provide for a common cost-of-living adjustment, and for other purposes. 1. Short title This Act may be cited as the Commuter Benefits Equity Act of 2013 2. Uniform dollar limitation for all types of transportation fringe benefits (a) In general Section 132(f)(2) (1) by striking $100 $245 (2) by striking $175 $245 (3) by striking the last sentence. (b) Inflation adjustment conforming amendments Subparagraph (A) of section 132(f)(6) of the Internal Revenue Code of 1986 is amended— (1) by striking the last sentence, (2) by striking 1999 2013 (3) by striking 1998 2012 (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 3. Clarification of Federal employee benefits Section 7905 (1) in subsection (a)— (A) in paragraph (2)(C) by inserting and (B) in paragraph (3) by striking ; and (C) by striking paragraph (4); and (2) in subsection (b)(2)(A) by amending subparagraph (A) to read as follows: (A) a qualified transportation fringe as defined in section 132(f)(1) of the Internal Revenue Code of 1986; .

Commuter Benefits Equity Act of 2013

Reengaging Americans in Serious Education by Uniting Programs Act - Directs the Secretary of Labor to award competitive, renewable, five-year grants to eligible partnerships to assist them in providing disconnected youth with the support needed to: (1) attain a secondary school diploma or its recognized equivalent; (2) attain a postsecondary credential, including those offered by institutions of higher education, industry groups, or registered apprenticeship programs; and (3) secure and succeed in a family-supporting career. Requires each eligible partnership to consist of entities or individuals qualified to represent the community assisted, including: (1) the head of the local government, (2) a local educational agency, (3) a local workforce system, (4) a representative from certain state and local service agencies serving young people, (5) an institution of higher education, (6) a representative of a community-based organization, (7) a representative from business or industry, (8) a representative with expertise in labor management relations, and (9) a disconnected youth and his or her caregivers. Requires grantees to award subgrants and contracts to community-based organizations and other entities for the provision of a comprehensive array of coordinated services to disconnected youth that include workforce preparation, education support, and youth support services. Directs the Secretary to award planning grants to eligible partnerships to enable them to submit competitive applications for grants to support disconnected youth. Establishes an accountability system for measuring the performance of each grantee against specified interim, transitional, and long-term indicators of success. Directs the Secretary to: (1) award a grant or contract to an entity outside the Department of Labor for an evaluation of grant-assisted activities; (2) disseminate best practices that emerge from the partnership grant program; and (3) provide training, technical assistance, and professional development for organizations serving disconnected youth, including organizations that do not receive funding under this Act.

To prepare disconnected youth for a competitive future. 1. Short title; table of contents (a) Short title This Act may be cited as the Reengaging Americans in Serious Education by Uniting Programs Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. Grants authorized. Sec. 5. Application. Sec. 6. Priority. Sec. 7. Selection criteria. Sec. 8. Use of funds. Sec. 9. Planning grants authorized. Sec. 10. Accountability, performance measures, and evaluation. Sec. 11. Technical assistance and best practices. Sec. 12. Authorization of appropriations. 2. Findings and purposes (a) Findings Congress finds the following: (1) In the United States today, millions of youth drop out of secondary school, fail to complete their studies, or do not graduate on time. While the United States has made slow progress in improving graduation rates, the dropout challenge remains a crisis that is impeding the Nation's ability to produce an educated workforce and succeed in the 21st century global economy. (2) Government data shows that more than 25 percent of the Nation's students fail to complete secondary school in 4 years. In some of the larger cities of the United States and among urban minority youth, dropout rates of 40 percent are not uncommon. (3) According to recent research, there is an estimated 6,700,000 youth ages 16–24 who are disconnected from school and work, of which 3,400,000 are chronic, having had no attachment to school or work since age 16, and 3,300,000 are under-attached to school or work and have not progressed toward employment or postsecondary education. While disconnected youth are disproportionately male and from minority groups, substantial disconnected youth rates are found for all groups of youth. (4) The impact of this dropout crisis has been likened to a permanent recession for youth, and it has consequences for the economy of the United States. Disconnected youth are more likely than other youth to engage in criminal activities, become incarcerated, and rely on public systems of support. (5) The Department of Education reports that the average secondary school dropout is associated with costs to the economy of approximately $240,000 over the individual's lifetime in terms of lower tax contributions, higher reliance on government health programs and public assistance, and higher rates of criminal activity. Over their lifetimes, secondary school dropouts are estimated to earn $400,000 less than secondary school graduates. Further, only 37 percent of secondary school dropouts are steadily employed, and they are more than twice as likely to live in high poverty. (6) Experts estimate that two-thirds of jobs created in the near future will require at least some postsecondary education. Education and training pathways that help youth to earn a secondary school diploma and postsecondary credentials are essential. (b) Purposes The purposes of this Act are— (1) to prepare disconnected youth for a competitive future; (2) to challenge and support young people who have dropped out of secondary school to— (A) attain a secondary school diploma; (B) attain a 2-year or 4-year credential from a recognized postsecondary educational institution, an industry-recognized credential, or certification from a registered apprenticeship program; and (C) secure and succeed in a family-supporting career; and (3) to support local community partnerships in integrating existing, and often disparate, services into a comprehensive, cross-systems dropout recovery approach. 3. Definitions In this Act: (1) Disability The term disability 42 U.S.C. 12102 (2) Disconnected youth The term disconnected youth (A) has left secondary school without obtaining a secondary school diploma; (B) is or was previously a homeless child or youth; (C) is or was under the care and placement responsibility of the State agency responsible for administering a plan under parts B and E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. (D) was under the custody of a juvenile justice or criminal justice system; (E) has a disability; or (F) is a low-income individual and is pregnant or parenting and not attending any school. (3) Eligible entity The term eligible entity (A) A mayor, or other appropriate chief executive officer, of a unit of general purpose local government in the community. (B) A local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (C) A local workforce system serving the community. (D) An institution of higher education serving the community. (E) A representative of a local or state system serving young people in the community, including— (i) a juvenile justice system; (ii) a criminal justice system; (iii) a housing agency; (iv) a mental health agency; and (v) a child welfare agency. (F) A representative of a community-based organization serving the community. (G) A representative from business or industry. (H) A representative with expertise in labor management relations. (I) A disconnected youth in the community and the parents or caregivers of such disconnected youth. (4) Federal Youth Development Council The term Federal Youth Development Council Public Law 109–365 (5) Homeless children and youths The term homeless children and youths 42 U.S.C. 11434a (6) Institution of higher education The term institution of higher education 20 U.S.C. 1001 (7) One-stop center The term one-stop center (8) Postsecondary education The term postsecondary education (A) a 4-year program of instruction, or not less than a 1-year program of instruction that is acceptable for credit toward a baccalaureate degree, offered by an institution of higher education; or (B) a certificate or registered apprenticeship program at the postsecondary level offered by an institution of higher education or a nonprofit educational institution. (9) Registered apprenticeship program The term registered apprenticeship program (10) Secondary school The term secondary school 20 U.S.C. 7801 (11) Secretary The term Secretary (12) Young people The term young people 4. Grants authorized (a) In general The Secretary, in consultation with the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Attorney General of the United States, the Federal Youth Development Council, and leaders in the field of working with disconnected youth, shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to pay the costs of— (1) developing and implementing a strategy to identify disconnected youth; and (2) providing such disconnected youth with support needed to— (A) attain a secondary school diploma or its recognized equivalent; (B) attain a postsecondary credential, including a 2-year or 4-year credential from an institution of higher education, an industry-recognized credential, or certification from a registered apprenticeship program; and (C) secure and succeed in a family-supporting career. (b) Minimum grant amount The Secretary shall award a grant under this section in an amount that— (1) is appropriate to achieve the goals and implement the activities described in the application submitted under section 5; and (2) is not less than $1,000,000 per year. (c) Duration of grant A grant under this section shall be awarded for a period of 5 years, and may be renewed at the discretion of the Secretary based on the effective performance of the eligible entity under the preceding grant in accordance with the levels of performance determined by the eligible entity and the Secretary pursuant to section 9(b). (d) Equitable geographic distribution of funds The Secretary shall ensure an equitable and appropriate distribution of grants awarded under this section among eligible entities— (1) serving urban, rural, and suburban areas; and (2) with varying degrees of experience and expertise in serving disconnected youth. (e) Fiscal and administrative agents An eligible entity shall choose an entity to be the fiscal agent and an entity to be the administrative agent for the grant funds received under this section. (f) Existing partnership An existing workforce, education, or youth development partnership, coalition, or organization may serve as the eligible entity for the purposes of grants under this section if the partnership, coalition, or organization includes, or modifies the members of the partnership, coalition, or organization to include, the individuals required to be included in the eligible entity under section 3(3). 5. Application (a) In general An eligible entity that desires a grant under section 4 shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents An application submitted under this section shall include— (1) a description of the eligible entity submitting the application, including a description of the fiscal agent and the administrative agent for the grant; (2) a description of the strategy that the eligible entity will use to carry out the purpose of this Act, which shall include— (A) a well-developed education component with an emphasis on— (i) multiple pathways and options towards secondary school diploma and postsecondary credential attainment, which may include recuperative strategies such as competency-based instruction and credit retrieval as well as basic literacy; and (ii) the skills needed in the fields of science, technology, engineering, and mathematics; (B) a work preparation component, which may include a hands-on internship, work experience, or national or community service, that promotes the development of applied skills such as oral and written communication, teamwork, leadership, and critical thinking; and (C) a youth support component, including the array of comprehensive support services that will— (i) address the challenges that caused the disconnected youth to leave school without a secondary school diploma; (ii) remove barriers to and support the attainment of— (I) the graduation of such young people from secondary school; (II) a postsecondary credential, including a 2-year or 4-year credential from an institution of higher education, an industry-recognized credential, or certification from a registered apprenticeship program; and (III) success in a family-supporting career; and (iii) provide appropriate case management to ensure young people achieve the purposes described in section 2(b); (3) a needs assessment of the community to be assisted under the grant, including— (A) an estimate of the number of disconnected youth in the community; and (B) an assessment of resources available in the community that can help such disconnected youth— (i) address the challenges that caused such disconnected youth to leave school without a secondary school diploma; (ii) return to an appropriate educational setting; (iii) attain a secondary school diploma; (iv) attain a postsecondary credential, including a 2-year or 4-year credential from an institution of higher education, an industry-recognized credential, or certification from a registered apprenticeship program; and (v) secure and succeed in a family-supporting career; (4) a plan for identifying and engaging disconnected youth and connecting such disconnected youth with a continuum of comprehensive and coordinated resources that can help such disconnected youth attain a secondary school diploma, a recognized postsecondary credential, including a 2-year or 4-year credential from an institution of higher education, an industry-recognized credential, or certification from a registered apprenticeship program, and secure and succeed in a family-supporting career, including a description of— (A) the needs of such disconnected youth that will be met by the eligible entity through the grant; (B) the identities, roles, and capacity of the partners in the eligible entity to fulfill the needs described in subparagraph (A), including a description of the role to be played by— (i) secondary schools and institutions of higher education in constructing education programming; (ii) the local workforce system, including one-stop career centers and businesses, in developing and implementing the workforce preparation activities; and (iii) systems serving young people, including the juvenile justice system, and other community-based organizations in providing outreach, support, and direct service; (C) a plan to leverage non-Federal (including in-kind) resources and a plan for sustainability beyond the grant period; (D) the services to be provided through the grant to carry out the strategy described in paragraph (2) and a description of the process that will be used to award subgrants and contracts under section 8 for the provision of such services; (E) the research and evidence base indicating why the selected strategy and selection of services will be effective in meeting the comprehensive needs of the disconnected youth identified in the community; (F) the goals, intended outcomes, and performance measures of the eligible entity's strategy in accordance with the performance measures under section 10(b); (G) a statement of concurrence on the application, signed by the partners in the eligible entity, that outlines the specific roles and responsibilities of the partners as the roles and responsibilities relate to the functioning of the eligible entity; and (H) a plan to create, or include an existing, youth advisory council, that is composed of disconnected youth from the community to be served, to make recommendations regarding the services to be provided under the grant; (5) a description of the system that will be put in place to— (A) provide case management, counseling, intensive placement and follow-up services, adult advocacy, or mentoring to help disconnected youth and their families access the various systems, resources, and supports necessary to ensure such young people's success; and (B) ensure that young people receiving services through the grant will receive individualized case management to ensure that the young people achieve the purposes described in section 2(b), including— (i) an assessment of needs; (ii) coordination of appropriate services; and (iii) academic preparation and support for entry, persistence, and completion of postsecondary education; (6) a description of how the eligible entity will ensure that every young person served under the grant receives comprehensive services, including services from each of the categories described in paragraphs (1) through (3) of section 8(b) until the young person— (A) attains a secondary school diploma, a 2-year or 4-year credential or occupational certification from an institution of higher education, an industry-recognized credential, or certification from a registered apprenticeship program; and (B) secures employment that can lead to economic self-sufficiency; (7) a description of how the strategy to be implemented under the grant will identify, engage, and provide services to young people who— (A) left school without a secondary school diploma and have reading, mathematics, or science skills at or below the grade 8 level; and (B) are disconnected youth described in any of subparagraphs (C) through (E) of section 3(2); (8) a description of how public and private services that exist on the date of submission of the application will be coordinated and integrated in order to implement and sustain the strategy under the grant; (9) a description of how Federal, State, and local private and public funds will be leveraged, coordinated, and integrated in order to implement the strategy under the grant; (10) a description of how the strategy to be implemented under the grant strengthens, and does not duplicate, efforts within the community to be served under the grant that are funded under chapter 4 of subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2851 et seq. (11) a description of the process to be used to review or approve the industry-recognized credentials that may be attained by the young people receiving support under the grant; and (12) a description of how the strategy to be implemented under the grant aligns with the efforts of the local educational agency serving the community assisted under the grant to improve secondary schools, including efforts focused on— (A) students who are off-track to an on-time graduation; and (B) recuperative strategies. (c) Existing plans, assessments, and strategies Plans, needs assessments, and strategies that have been developed by an eligible entity or the partners in the eligible entity may be used to satisfy the requirements of this section if such plans, needs assessments, or strategies— (1) include the information required by this section, or can be modified to include the information required by this section; and (2) are submitted to the Secretary with such modifications. 6. Priority In awarding grants to eligible entities under section 4, the Secretary shall give priority to applications from eligible entities proposing— (1) to serve areas with disproportionately high numbers or percentages of young people who have left secondary school without obtaining a secondary school diploma or its recognized equivalent; (2) to serve areas with high concentrations of young people in families whose family income is not more than 200 percent of the poverty line (as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) (3) to serve areas with high numbers or percentages of young people who are unemployed or underemployed. 7. Selection criteria The Secretary shall award grants to eligible entities under section 4 based on selection criteria that includes the following: (1) Best practices or research The extent to which the application submitted by an eligible entity under section 5 is rooted in documented best practices or research. (2) Integration The extent to which the application demonstrates the integration of multiple services into a comprehensive, coordinated continuum that meets the holistic needs of young people, including health services, mental health services, housing, civic opportunities, job readiness, work experience, school readiness, reenrollment in school, and connections to family and community. (3) Leadership and community involvement The extent to which the application demonstrates the leadership and substantive involvement of the business community, the mayor or appropriate chief executive officers of the general purpose local government of the community to be served by the grant, each local educational agency serving the community, the public and nonprofit sectors of the community, and other individuals and entities described in section 3(2), of the community. (4) Leveraging and sustainability The extent to which the application demonstrates that resources from multiple sources will be leveraged to implement the grant, and the extent to which the application demonstrates a plan for sustainability beyond the grant period. 8. Use of funds (a) Subgrants (1) In general Each eligible entity receiving a grant under section 4 shall use the grant funds— (A) to award subgrants and contracts to community-based organizations and other entities to enable the organizations and entities to provide a comprehensive array of coordinated activities that will— (i) support the educational, career and technical, social, emotional, and civic needs of disconnected youth; and (ii) allow disconnected youth to graduate from secondary school, attain a postsecondary credential, including a 2-year or 4-year credential from an institution of higher education, an industry-recognized credential, or certification from a registered apprenticeship program, and secure and succeed in a family-supporting career; (B) for training, technical assistance, and professional development for the organizations and entities that is offered by local or national organizations; (C) for coordinating the overall effort of the eligible entity; and (D) for the reasonable costs associated with the administration and oversight of the grants under section 4. (2) Use of subgrant funds Each organization or entity receiving a subgrant or contract under this section— (A) shall use the subgrant or contract funds to carry out a workforce preparation service, an education support service, or a youth support service, described in paragraphs (1), (2), and (3) of subsection (b), respectively; and (B) may use the subgrant or contract funds to carry out an activity described in paragraph (4) or (5) of subsection (b). (b) Allowable activities The services and activities referred to in subsection (a)(2) include the following: (1) Work and career preparation (A) Workforce preparation Job training, youth entrepreneurship, technological and career and technical skill building, meaningful internship and apprenticeship opportunities, and other workforce preparation activities developed in partnership with the business community and other employers. (B) Exposure and preparation for careers Strategies that will expose disconnected youth to, and prepare such disconnected youth for, careers, including careers in high-growth, high-demand industries that require the use of science, technology, engineering, and mathematics skills. (C) Applied skills Strategies that promote the development of applied skills in such young people, including oral and written communication, teamwork, leadership, critical thinking, and a commitment to social and civic responsibility, including service-learning activities. (D) Compensation Compensation for employment opportunities for such young people, including summer and year-round employment opportunities, national and community service, service-learning, and work experience. (2) Education support (A) Education programming Education programming for such young people, including assessment, instruction, tutoring, and technology supports to academic instruction. (B) Career and technical education Career and technical education. (C) Dual enrollment programs and early college high schools Participation in dual enrollment programs, early college high schools, and other proven models for supporting the educational achievement of disconnected youth. (D) Postsecondary credentials Programs that provide young people with a postsecondary credential from an institution of higher education, a non-profit postsecondary educational institution that offers an industry recognized credential, or a registered apprenticeship program. (E) Transition support Support for young people in their transition into and their successful completion of postsecondary education. (F) Financial assistance Financial assistance for such young people for education support services and for higher education. (3) Youth support (A) Case management Case management, including using subgrant or contract funds for youth centers to serve as points of access and continued support. (B) Health, mental health, or drug treatment services Health services, mental health services, or drug treatment services. (C) Housing Housing. (D) Transportation Transportation. (E) Childcare or family support services Childcare services or family support services. (F) Mentoring activities Mentoring activities for such young people, including one-to-one relationship building and tutoring. (4) Curriculum development Curriculum development that promotes contextual learning. (5) Other services or opportunities Other services or opportunities that the Secretary or the eligible entity determine will help carry out the purposes of this Act. (c) Eligible participants An eligible entity receiving a grant under section 4 shall ensure that, of the group of young people who receive the services and participate in the activities described in subsections (a) and (b) under the grant, not less than 75 percent of the group shall be disconnected youth as defined in section 3(2). (d) Waiver of multiple service requirement The Secretary may waive the requirement of subsection (a) regarding the provision of a comprehensive array of coordinated activities for an eligible entity receiving a grant under section 4 to permit not more than 25 percent of the young people served by the eligible entity under the grant to receive only 1 or more services among the allowable activities described in subsection (b) if the eligible entity determines that such young people only need 1 or more such services in order to— (1) attain a secondary school diploma; (2) attain a recognized postsecondary credential, including a 2-year or 4-year credential from an institution of higher education, an industry-recognized credential, or certification from a registered apprenticeship program; and (3) secure and succeed in a family-supporting career. 9. Planning grants authorized (a) In general The Secretary shall award planning grants to eligible entities to develop the components of the application described in section 5, in order to allow eligible entities to become competitive for grants under section 4. (b) Duration; amount Planning grants under this section shall be— (1) for a duration of not more than 6 months in an amount of not more than $50,000; or (2) for a duration of more than 6 months and not more than one year and in an amount of not more than $100,000. (c) Recipients Recipients of grants under this section shall include— (1) eligible entities that applied for and did not receive a grant under section 4, and demonstrate the ability to submit a competitive application after additional local planning; and (2) eligible entities that intend to apply for a grant under section 4 after undergoing a thorough planning process. 10. Accountability, performance measures, and evaluation (a) Purpose The purpose of this section is to establish an accountability system, comprised of the activities described in this section, in order to— (1) assess the effectiveness of grants under section 4 in helping disconnected youth— (A) attain a secondary school diploma; (B) attain a 2-year or 4-year credential from an institution of higher education, an industry recognized credential, or certification from a registered apprenticeship program; and (C) secure and succeed in a family-supporting career; (2) identify and disseminate effective practices to strengthen performance; and (3) maximize the return on investment of Federal funds in activities assisted pursuant to a grant under section 4. (b) Performance measures (1) In general For each eligible entity, performance measures shall consist of the indicators of performance described in paragraph (2) and the level of performance described in paragraph (3). (2) Indicators of performance The indicators of performance referred to in paragraph (1) shall consist of the following: (A) Interim indicators (i) Youth participation The participation of young people in activities funded under section 4. (ii) Youth progress The progress of young people towards all of the following: (I) Attainment of a secondary school diploma or its recognized equivalent. (II) Job readiness. (iii) Youth attainment The attainment by young people of a secondary school diploma or its recognized equivalent. (B) Transitional indicators (i) Diploma, and entrance into education or employment The attainment by young people of a secondary school diploma, and entrance into postsecondary education or employment. (ii) Credential The attainment by young people of 1 or more recognized postsecondary credentials, which may include a certificate, a license, a journey-status card, or an associate degree or baccalaureate degree. (C) Long-term indicators (i) Employment, diploma, and credential Employment of individuals who participated in activities funded under section 4, attained a secondary school diploma, and attained 1 or more recognized credentials, which may include a certificate, license, journey-status card, or associate degree or baccalaureate degree. (ii) Initial wage or salary level The initial wage or salary level of individuals described in clause (i). (3) Level of performance For each indicator of performance described in paragraph (2), the Secretary, in coordination with the eligible entity, shall determine a level of performance expressed in objective, quantifiable, and measurable form and in a way to show the progress of the eligible entity toward continuously improving performance. (4) Eligible entity measures (A) In general Each eligible entity that receives a grant under section 4 shall reach agreement with the Secretary on the levels of performance for the years covered by the grant. The levels of performance shall take into account the economic conditions of the area served, the characteristics of young people in the area, secondary school graduation rates, and the activities or services provided in the community served under the grant. (B) Adjustments If unanticipated circumstances arise resulting in a significant change in the economic conditions of the area, the characteristics of young people in the area, secondary school graduation rates, or activities or services provided in the community served under the grant, then the eligible entity may request that the Secretary adjust the level of performance for the eligible entity. (c) Assurance Each eligible entity that receives a grant under section 4 shall provide an assurance to the Secretary, as part of the application submitted under section 5, that the eligible entity will— (1) report progress toward achieving the indicators under subsection (b) beyond the grant period for young people served under the grant; and (2) use funds provided under the grant for such progress reporting. (d) Reports (1) In general Each eligible entity that receives a grant under section 4 shall annually, for each year of the grant, provide a report to the Secretary that includes the progress of the eligible entity in accomplishing the performance measures for the eligible entity. The annual report shall include— (A) information on the progress each eligible entity made in accomplishing its performance measures, disaggregated by the categories described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)); (B) the costs of the activities supported under the grant under section 4, including— (i) the type of cost, such as cash, personnel, equipment, supplies, or materials, or other cost; (ii) the sources used to pay such costs, such as— (I) funding from other Federal, State, or local public programs; or (II) private sector or philanthropic contributions; and (iii) the dollar value of the resources leveraged to cover such costs and support the activities; (C) any fiscal and management accountability information required by the Secretary, which information shall use sound financial and management practices; (D) the characteristics and number of disconnected youth served by the services and activities provided under the grant; and (E) the services and supports provided under the grant. (2) Valid and reliable information In preparing the reports under this subsection, each eligible entity shall establish procedures, consistent with guidelines issued by the Secretary, to ensure that the information contained in the reports is valid and reliable. (e) Evaluation Not later than 90 days after the date of enactment of this Act, the Secretary shall award a grant or a contract to an entity outside the Department of Labor for an evaluation of the activities assisted under the grants awarded under section 4. Such evaluation shall— (1) evaluate a subgroup of eligible entities that received a grant under section 4; (2) include an analysis and documentation of the strategies implemented by the eligible entities assisted under the grants awarded under section 4 and the key lessons learned, as such lessons relate to program design, systems coordination, and implementation; (3) measure the outcomes, and progress toward the outcomes, of the strategies implemented under the grants under section 4 in terms of the interim and transitional indicators of performance under subsection (b)(2), and if feasible, the long-term indicators of performance under such subsection; (4) document the incremental progress of such young people over time on the outcomes measured under paragraph (3); (5) measure the return on investment resulting from the activities funded with grants under section 4; and (6) begin as soon as practicable after the awarding of the grant or contract under this section and continue throughout the duration of the periods of the grants under section 4 so that the plans included in the applications under section 5 may be informed by, and conducive to, the evaluation. 11. Technical assistance and best practices The Secretary shall— (1) in consultation with the Federal Youth Development Council, the Coordinating Council on Juvenile Justice and Delinquency Prevention established under section 206 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5616 (2) provide, directly or through a grant or contract with 1 or more nonprofit organizations selected through a competitive process, training, technical assistance, and professional development for organizations serving disconnected youth, including organizations serving such disconnected youth that do not receive funding under this Act. 12. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of the fiscal years 2014 through 2018. (b) Allocation Of the amounts appropriated to carry out this section for each fiscal year, the Secretary shall use— (1) not less than 90 percent of such amount for grants to eligible entities under section 4 and section 9; and (2) a total of not more than 10 percent of such amount for the evaluation under section 10(b) and the training, technical assistance, and dissemination of best practices under section 11.

Reengaging Americans in Serious Education by Uniting Programs Act

Child Sex Trafficking Data and Response Act of 2013 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require state plans for foster care and adoption assistance to provide that for each child over whom the state has responsibility for placement, care, or supervision, the state agency shall: (1) identify and document in agency records each child identified as a victim of sex trafficking, including severe forms of trafficking in certain persons; and (2) report immediately, within 24 hours,any information on missing or abducted children to the law enforcement authorities for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation (FBI). Requires such plans also to contain a regularly updated description of the specific measures the state agency has taken to protect and provide services to child victims of sex trafficking, including efforts to coordinate with state law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve that population. Requires the Adoption and Foster Care Analysis and Reporting System (AFCARS) to provide comprehensive national information with respect to the aggregate number of children in foster care identified as victims of sex trafficking. Amends the Crime Control Act of 1990 to require any law enforcement agency that entered a missing child report into the NCIC to notify the National Center for Missing and Exploited Children of each report received relating to a child reported missing from a foster care family home or childcare institution. Amends the Child Abuse Prevention and Treatment Act to require that the state plan under the Act certifies that the state has in effect and is enforcing a state law, or is operating a statewide program, relating to child abuse and neglect that includes provisions and procedures requiring: (1) identification and assessment of all reports involving child victims of sex trafficking, and (2) training child protective services workers about identifying and providing comprehensive services for such children. Directs the Secretary of Health and Human Services (HHS) to report to Congress on issues related to identifying, and providing services for, victims of labor trafficking within the child welfare system.

To amend part E of title IV of the Social Security Act to better enable State child welfare agencies to prevent sex trafficking of children and serve the needs of children who are victims of sex trafficking, and for other purposes. 1. Short title This Act may be cited as the Child Sex Trafficking Data and Response Act of 2013 2. Streamline data collection and reporting on sex trafficking (a) Foster care and adoption assistance program (1) State plan requirements Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended— (A) by striking and (B) by striking the period at the end of paragraph (33) and inserting a semicolon; and (C) by adding at the end the following: (34) provides that for each child over whom the State agency has responsibility for placement, care, or supervision, the State agency shall— (A) identify and document appropriately in agency records each child who is identified as being a victim of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000) or as a victim of severe forms of trafficking in persons described in section 103(9)(A) of the Trafficking Victims Protection Act of 2000 (relating to sex trafficking) as such a victim; and (B) report immediately, and in no case later than 24 hours after receiving, information on missing or abducted children to the law enforcement authorities for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation, established pursuant to section 534 (35) contains a regularly updated description of the specific measures taken by the State agency to protect and provide services to children who are victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000), including efforts to coordinate with State law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve that population. . (2) Regulations The Secretary of Health and Human Services shall promulgate regulations implementing the amendments made by paragraph (1) and shall provide uniform definitions for States to use for the reports required under paragraph (34)(B) of section 471(a) of the Social Security Act ( 42 U.S.C. 671(a)(34)(B) 42 U.S.C. 674 (3) Inclusion of data in AFCARS (A) In general Section 479(c)(3) of the Social Security Act (42 U.S.C. 679(c)(3)) is amended— (i) in subparagraph (C)(iii), by striking and (ii) by adding at the end the following: (E) the annual aggregate number of children in foster care who are identified as victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000); and . (B) Report to congress During the period that begins on January 1, 2014, and ends on the effective date of a final rule promulgated by the Secretary of Health and Human Services implementing the AFCARS data collection requirement added by the amendments made by subparagraph (A), the Secretary of Health and Human Services shall submit an annual report to Congress that contains the annual aggregate number of children in foster care who are identified as victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(10) (b) State reporting Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is amended— (1) in paragraph (2), by striking and (2) in paragraph (4)— (A) in the matter preceding subparagraph (A), by striking paragraph (2) paragraph (3) (B) in subparagraph (A), by inserting and a photograph taken within the previous 180 days dental records (C) in subparagraph (B), by striking and (D) by redesignating subparagraph (C) as subparagraph (D); and (E) by inserting after subparagraph (B) the following: (C) notify the National Center for Missing and Exploited Children of each report received relating to a child reported missing from a foster care family home or childcare institution; and . (c) CAPTA amendments (1) State plan amendments Section 106 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a (A) in subsection (b)(2)(B)— (i) in clause (xxii), by striking and (ii) by adding at the end the following: (xxiv) provisions and procedures requiring identification and assessment of all reports involving children known or suspected to be, victims of sex trafficking (as defined in paragraph (10) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 (xxv) provisions and procedures for training child protective services workers about identifying and providing comprehensive services for children who are victims described in clause (xxiv), and providing such services for such children, including efforts to coordinate with State law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve this population; ; and (B) in subsection (d), by adding at the end the following: (17) The number of children determined to be victims described in subsection (b)(2)(B)(xxiv). . (2) Special rule (A) In general Section 111 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106g (i) by striking For purposes (a) Definitions For purposes ; and (ii) by adding at the end the following: (b) Special Rule (1) In general For purposes of section 3(2) and subsection (a)(4), a child shall be considered a victim of child abuse and neglect sexual abuse 22 U.S.C. 7102 (2) State option Notwithstanding the definition of child . (B) Conforming amendment Section 3(2) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 (including sexual abuse as determined under section 111) sexual abuse or exploitation (3) Technical correction Paragraph (5)(C) of subsection (a), as so designated, of section 111 of the Child Care and Development Block Grant Act of 1990 is amended by striking inhumane; inhumane. 3. Report to Congress on labor trafficking in child welfare and barriers to documentation and service provision to unique victim populations Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, in coordination with the Attorney General, shall submit to the Congress a report detailing issues related to identifying, and providing services for, victims of labor trafficking, as defined in section 103(9)(B) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)(B)), within the child welfare system. The report shall address the following: (1) Whether State law enforcement, child welfare, and other relevant State agencies have identified a significant presence of victims of labor trafficking within the child welfare population. (2) With respect to any States that have identified a significant presence of such victims— (A) any numerical estimates of the prevalence of such victims; (B) a description of how such States provide services for, or plan to provide services for, such victims; and (C) a description of the extent to which there are service delivery issues, particularly with respect to the extent to which the requirements associated with existing sources of Federal funding for all victims of trafficking, as defined in section 103(15) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(15) 4. Effective date (a) In general Except as provided in subsection (b), the amendments made this Act shall take effect on the date that is 1 year after the date of the enactment of this Act (and in the case of the amendments made by section 2(a)(1), without regard to whether final regulations required under section 2(a)(2) have been promulgated. (b) Delay permitted if state legislation required In the case of a State plan approved under part E of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. Except as otherwise provided in this Act the amendments made by this Act shall take effect on the date that is 1 year after the date of the enactment of this Act.

Child Sex Trafficking Data and Response Act of 2013

Positive Aging Act of 2013 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to make grants to public and private nonprofit entities to: (1) demonstrate ways of integrating mental health services for older adults into primary care settings, and (2) support the establishment and maintenance of interdisciplinary geriatric mental health outreach teams in community settings where older adults reside or receive social services. Requires the Director of the Center for Mental Health Services to designate a Deputy Director for Older Adult Mental Health Services to develop and implement initiatives to address the mental health needs of older adults. Includes representatives of older adults or their families and geriatric mental health professionals on the Advisory Council for the Center. Directs the Secretary to give special consideration to providing treatment for older adults with substance abuse disorders when developing program priorities for addressing priority substance abuse treatment needs of regional and national significance. Requires state plans for community mental health services grants to describe: (1) the state's outreach to, and services for, older individuals, individuals who are homeless, and individuals living in rural areas; and (2) how community-based services will be provided to these individuals.

To amend the Public Health Service Act to provide for integration of mental health services and mental health treatment outreach teams, and for other purposes. 1. Short title This Act may be cited as the Positive Aging Act of 2013 2. Demonstration projects to support integration of Mental Health Services in primary care settings Subpart 3 of part B of title V of the Public Health Service Act (1) in section 520(b)— (A) in paragraph (14), by striking and (B) in paragraph (15), by striking the period at the end and inserting ; and (C) by adding at the end the following: (16) conduct the demonstration projects specified in section 520L. ; and (2) by adding at the end the following: 520L. Projects to demonstrate integration of Mental Health Services in primary care settings (a) In general The Secretary, acting through the Director of the Center for Mental Health Services, shall award grants to public and private nonprofit entities for projects to demonstrate ways of integrating mental health services for older adults into primary care settings, such as health centers receiving a grant under section 330 (or determined by the Secretary to meet the requirements for receiving such a grant), other federally qualified health centers, primary care clinics, and private practice sites. (b) Requirements In order to be eligible for a grant under this section, the project to be carried out by the entity shall provide for collaborative care within a primary care setting, provided by licensed mental health professionals with appropriate training and experience in the treatment of older adults, in which screening, assessment, and intervention services are combined into an integrated service delivery model, including— (1) screening services by a mental health professional with at least a masters degree in an appropriate field of training; (2) referrals for necessary prevention, intervention, follow-up care, consultations, and care planning oversight for mental health and other service needs, as indicated; and (3) adoption and implementation of evidence-based intervention and treatment protocols (to the extent such protocols are available) for mental disorders prevalent in older adults including, but not limited to, mood and anxiety disorders, dementias of all kinds (including the behavioral and psychological symptoms of dementia), psychotic disorders, and substance-related disorders. (c) Considerations in awarding grants In awarding grants under this section, the Secretary, to the extent feasible, shall ensure that— (1) projects are funded in a variety of geographic areas, including urban and rural areas; and (2) a variety of populations, including racial and ethnic minorities and low-income populations, are served by projects funded under this section. (d) Duration A project may receive funding pursuant to a grant under this section for a period of up to 3 years, with an extension period of 2 additional years at the discretion of the Secretary. (e) Application To be eligible to receive a grant under this section, a public or private nonprofit entity shall— (1) submit an application to the Secretary (in such form, containing such information, and at such time as the Secretary may specify); and (2) agree to report to the Secretary standardized clinical and behavioral data and other performance data necessary to evaluate patient outcomes and to facilitate evaluations across participating projects. (f) Evaluation Not later than July 31 of the second calendar year after the date of enactment of this section, and July 31 of every year thereafter, the Secretary shall submit to Congress a report evaluating the projects receiving awards under this section for the year involved. (g) Supplement, not supplant Funds made available under this section shall supplement, and not supplant, other Federal, State, or local funds available to an entity to carry out activities described in this section. (h) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2014 and each fiscal year thereafter. . 3. Grants for community-based mental health treatment outreach teams Subpart 3 of part B of title V of the Public Health Service Act 520M. Grants for community-based mental health treatment outreach teams (a) In general The Secretary, acting through the Director of the Center for Mental Health Services, shall award grants to public or private nonprofit entities that are community-based providers of geriatric mental health services, to support the establishment and maintenance by such entities of interdisciplinary geriatric mental health outreach teams in community settings where older adults reside or receive social services. Entities eligible for such grants include— (1) mental health service providers of a State or local government; (2) outpatient programs of private, nonprofit hospitals; (3) community mental health centers meeting the criteria specified in section 1913(c); and (4) other community-based providers of mental health services. (b) Requirements To be eligible to receive a grant under this section, an entity shall— (1) adopt and implement, for use by its mental health outreach team, evidence-based intervention and treatment protocols (to the extent such protocols are available) for mental disorders prevalent in older adults including, but not limited to, mood and anxiety disorders, dementias of all kinds (including the behavioral and psychological symptoms of dementia), psychotic disorders, and substance-related disorders, relying to the greatest extent feasible on protocols that have been developed— (A) by or under the auspices of the Secretary; or (B) by academicians; (2) provide screening for mental disorders, diagnostic services, referrals for treatment, and case management and coordination through such teams; and (3) coordinate and integrate the services provided by such team with the services of social service, mental health, and medical providers at the site or sites where the team is based in order to— (A) improve patient outcomes; and (B) to assure, to the maximum extent feasible, the continuing independence of older adults who are residing in the community. (c) Cooperative arrangements with sites serving as bases for outreach An entity receiving a grant under this section may enter into an agreement with a person operating a site at which a geriatric mental health outreach team of the entity is based, including— (1) senior centers; (2) adult day care programs; (3) assisted living facilities; and (4) recipients of grants to provide services to older adults under the Older Americans Act of 1965 (d) Considerations in awarding grants In awarding grants under this section, the Secretary, to the extent feasible, shall ensure that— (1) projects are funded in a variety of geographic areas, including urban and rural areas; and (2) a variety of populations, including racial and ethnic minorities and low-income populations, are served by projects funded under this section. (e) Application To be eligible to receive a grant under this section, an entity shall— (1) submit an application to the Secretary (in such form, containing such information, at such time as the Secretary may specify); and (2) agree to report to the Secretary standardized clinical and behavioral data and other performance data necessary to evaluate patient outcomes and to facilitate evaluations across participating projects. (f) Coordination The Secretary shall provide for appropriate coordination of programs and activities receiving funds pursuant to a grant under this section with programs and activities receiving funds pursuant to grants under section 520L and sections 381, 422, and 423 of the Older Americans Act of 1965 (g) Evaluation Not later than July 31 of the second calendar year after the date of enactment of this section, and July 31 of every year thereafter, the Secretary shall submit to Congress a report evaluating the projects receiving awards under this section for such year. (h) Supplement, not supplant Funds made available under this section shall supplement, and not supplant, other Federal, State, or local funds available to an entity to carry out activities described in this section. (i) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2014 and each fiscal year thereafter. . 4. Designation of Deputy Director for Older Adult Mental Health Services in Center for Mental Health Services Section 520 of the Public Health Service Act (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: (c) Deputy Director for Older Adult Mental Health Services in Center for Mental Health Services The Director, after consultation with the Administrator, shall designate a Deputy Director for Older Adult Mental Health Services, who shall be responsible for the development and implementation of initiatives of the Center to address the mental health needs of older adults. Such initiatives shall include— (1) research on prevention and identification of mental disorders in the older adult population; (2) innovative demonstration projects for the delivery of community-based mental health services for older adults; (3) support for the development and dissemination of evidence-based practice models, including models to address substance-related disorders in older adults; and (4) development of model training programs for mental health professionals and caregivers serving older adults. . 5. Membership of advisory council for the Center for Mental Health Services Section 502(b)(3) of the Public Health Service Act (C) In the case of the advisory council for the Center for Mental Health Services, the members appointed pursuant to subparagraphs (A) and (B) shall include representatives of older adults or their families, and professionals with an expertise in geriatric mental health. . 6. Projects of national significance targeting substance abuse in older adults Section 509(b)(2) of the Public Health Service Act , and to providing treatment for older adults with substance-related disorders 7. Criteria for State plans under community Mental Health Services block grants (a) In general Section 1912(b)(4) of the Public Health Service Act (4) Targeted services to older individuals, individuals who are homeless, and individuals living in rural areas The plan describes the State’s outreach to and services for older individuals, individuals who are homeless, and individuals living in rural areas, and how community-based services will be provided to these individuals. . (b) Effective date The amendment made by subsection (a) shall apply to State plans submitted on or after the date that is 180 days after the date of enactment of this Act.

Positive Aging Act of 2013

(This measure has not been amended since it was introduced. The expanded summary of the Senate reported version is repeated here.) Alpine Lakes Wilderness Additions and Pratt and Middle Fork Snoqualmie Rivers Protection Act - Designates certain land in the Mount Baker-Snoqualmie National Forest in the state of Washington, which shall be considered to become a part of the Alpine Lakes Wilderness, as wilderness and as a component of the National Wilderness Preservation System. Makes any land or interests within the proposed boundary acquired by the United States part of the Wilderness. Amends the Wild and Scenic Rivers Act to designate the Middle Fork Snoqualmie and Pratt Rivers in Washington as scenic and/or wild rivers.

To expand the Alpine Lakes Wilderness in the State of Washington, to designate the Middle Fork Snoqualmie River and Pratt River as wild and scenic rivers, and for other purposes. 1. Short Title This Act may be cited as the Alpine Lakes Wilderness Additions and Pratt and Middle Fork Snoqualmie Rivers Protection Act 2. Expansion of Alpine Lakes Wilderness (a) In General There is designated as wilderness and as a component of the National Wilderness Preservation System certain Federal land in the Mount Baker-Snoqualmie National Forest in the State of Washington comprising approximately 22,173 acres that is within the Proposed Alpine Lakes Wilderness Additions Boundary, as generally depicted on the map entitled Proposed Alpine Lakes Wilderness Additions (b) Administration (1) Management Subject to valid existing rights, the land designated as wilderness by subsection (a) shall be administered by the Secretary of Agriculture (referred to in this section as the Secretary (2) Map and Description (A) In General As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the land designated as wilderness by subsection (a) with— (i) the Committee on Natural Resources of the House of Representatives; and (ii) the Committee on Energy and Natural Resources of the Senate. (B) Force of Law A map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct minor errors in the map and legal description. (C) Public Availability The map and legal description filed under subparagraph (A) shall be filed and made available for public inspection in the appropriate office of the Forest Service. (c) Incorporation of acquired land and interests in land Any land or interests in land within the Proposed Alpine Lakes Wilderness Additions Boundary, as generally depicted on the map entitled Proposed Alpine Lakes Wilderness Additions (1) become part of the wilderness area; and (2) be managed in accordance with subsection (b)(1). 3. Wild and Scenic River Designations Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) (208) Middle Fork Snoqualmie, Washington The 27.4-mile segment from the headwaters of the Middle Fork Snoqualmie River near La Bohn Gap in NE 1/4 (A) The approximately 6.4-mile segment from the headwaters of the Middle Fork Snoqualmie River near La Bohn Gap in NE 1/4 (B) The approximately 21-mile segment from the west section line of sec. 3, T. 23 N., R. 12 E., to the northern boundary of sec. 11, T. 23 N., R. 9 E., as a scenic river. (209) Pratt River, Washington The entirety of the Pratt River in the State of Washington, located in the Mount Baker-Snoqualmie National Forest, to be administered by the Secretary of Agriculture as a wild river. . April 22, 2013 Reported without amendment

Alpine Lakes Wilderness Additions and Pratt and Middle Fork Snoqualmie Rivers Protection Act

Land Management Workforce Flexibility Act - Makes an employee of a land management agency who served under a time-limited appointment in the competitive service eligible to compete for a permanent appointment in the agency if the original appointment was competitive, totaled a period of at least 24 months, and the employee's performance was at an acceptable level. Requires such an employee's appointment to a full-time position, if such a position is offered and the employee agrees to such employment, if the original position stated that there was the potential for the position to become permanent.

To provide authorities for the appropriate conversion of temporary seasonal wildland firefighters and other temporary seasonal employees in Federal land management agencies who perform regularly recurring seasonal work to permanent seasonal positions. 1. Short title This Act may be cited as the Land Management Workforce Flexibility Act 2. Personnel flexibilities relating to land management agencies (a) In general Subpart I of part III of title 5, United States Code, is amended by inserting after chapter 95 the following: 96 PERSONNEL FLEXIBILITIES RELATING TO LAND MANAGEMENT AGENCIES Sec. 9601. Definition. 9602. Competitive service; time-limited appointments. 9601. Definitions For purposes of this chapter— (1) the term land management agency (A) the Forest Service of the Department of Agriculture; (B) the Bureau of Land Management of the Department of the Interior; (C) the National Park Service of the Department of the Interior; (D) the Fish and Wildlife Service of the Department of the Interior; (E) the Bureau of Indian Affairs of the Department of the Interior; and (F) the Bureau of Reclamation of the Department of the Interior; (2) the term successor permanent position (3) the term time-limited appointment 9602. Competitive service; time-limited appointments (a) Eligibility To compete for permanent appointments Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, an employee of a land management agency serving under a time-limited appointment in the competitive service is eligible to compete for a permanent appointment in the competitive service under the merit promotion procedures of the land management agency if— (1) the employee was appointed initially under open, competitive examination under subchapter I of chapter 33 to the time-limited appointment; (2) the employee has served under 1 or more time-limited appointments by the land management agency for a period or periods totaling not less than 24 months without an intervening break of 2 or more years; and (3) the performance of the employee under the time-limited appointments has been at an acceptable level of performance during the period of service described in paragraph (2). (b) Conversion to successor permanent positions (1) In general Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, an employee of a land management agency serving under a time-limited appointment in the competitive service shall be offered any successor permanent position that the land management agency decides to fill and, with the agreement of the employee, be appointed to the successor permanent position if— (A) the employee was appointed initially under open, competitive examination under subchapter I of chapter 33 to the time-limited appointment; (B) (i) the job announcement for the time-limited position stated that there was potential for the position to become permanent; or (ii) the first time-limited appointment of the employee by the land management agency occurred before the date of enactment of this chapter; (C) the employee has served under 1 or more time-limited appointments in a position or positions in the land management agency with the same or substantially similar major duties and qualification requirements as the successor permanent position for a period or periods totaling not less than 24 months without an intervening break of 2 or more years; and (D) the performance of the employee under the time-limited appointments has been at an acceptable level of performance during the period of service described in subparagraph (C). (2) Preference eligibles If 2 or more employees are eligible to be offered a successor permanent position under paragraph (1), the land management agency shall give priority to such an employee who is a preference eligible. (3) Equal preference If 2 or more employees are eligible to be offered a successor permanent position under paragraph (1) and have equal priority for the successor permanent position, the land management agency shall use competitive procedures consistent with merit system principles to determine to which employee the successor permanent position will be offered. (c) Treatment of appointed employees An appointment to a position under subsection (a) or (b) shall be a career-conditional appointment, unless the employee has otherwise completed the service requirements for a career appointment. (d) Competitive status An employee appointed to a position under subsection (a) or (b) shall acquire competitive status upon appointment. (e) Time-Limited employees separated from service (1) In general This section shall apply with respect to an employee of a land management agency serving under a time-limited appointment who has been separated from service for reasons other than misconduct or unacceptable performance. (2) Application For an employee described in paragraph (1)— (A) this section shall apply as if the employee occupied the time-limited position from which the employee was most recently separated; and (B) a land management agency shall be deemed to have met the requirements under this section relating to the employee if notice is sent to the last known address of the employee not later than 21 days before a successor permanent position for which the employee is eligible is filled. (f) Regulations The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section. . (b) Clerical amendment The analysis for part III of title 5, United States Code, is amended by inserting after the item for chapter 95 the following: 96. Personnel flexibilities relating to land management agencies 9601 .

Land Management Workforce Flexibility Act

Fourth Amendment Restoration Act of 2013 - Provides that the Fourth Amendment to the Constitution shall not be construed to allow any U.S. government agency to search the phone records of Americans without a warrant based on probable cause.

To stop the National Security Agency from spying on citizens of the United States and for other purposes. 1. Short title This Act may be cited as the Fourth Amendment Restoration Act of 2013 2. Findings Congress finds the following: (1) The Bill of Rights states in the 4th Amendment to the United States Constitution that The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (2) Media reports indicate that the National Security Agency is currently collecting the phone records of American citizens. (3) Media reports indicate that the National Security Agency has secured a top secret court order in April 2013 from a court established under section 103 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803 (4) Media reports indicate that President Barack Obama’s Administration has been collecting information about millions of citizens within the borders of the United States and between the United States and other countries. (5) The collection of citizen’s phone records is a violation of the natural rights of every man and woman in the United States, and a clear violation of the explicit language of the highest law of the land. 3. Rule of construction The Fourth Amendment to the Constitution shall not be construed to allow any agency of the United States Government to search the phone records of Americans without a warrant based on probable cause. June 10, 2013 Read the second time and placed on the calendar

Fourth Amendment Restoration Act of 2013

Neighborhood Safety Act of 2013 - Authorizes the use of any amounts of assistance allocated for or provided to a state or state agency through the Hardest Hit Fund program to demolish blighted structures.

To authorize States to use assistance provided under the Hardest Hit Fund program of the Department of the Treasury to demolish blighted structures, and for other purposes. 1. Short title This Act may be cited as the Neighborhood Safety Act of 2013 2. Use of Hardest Hit Fund amounts for demolition activities Notwithstanding any provision of title I of the Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5211 et seq. Secretary

Neighborhood Safety Act of 2013

Preventing and Reducing Improper Medicare and Medicaid Expenditures Act of 2013 or PRIME Act of 2013 - Amends part D (Prescription Drug Benefits) of title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) to prohibit sponsors of prescription drug plans (PDPs) from paying claims for prescription drugs that do not include the valid National Provider Identifier for the drug's prescriber. Requires the Secretary's annual report to Congress on the use of recovery audit contractors under the Medicare Integrity Program to: (1) describe the types and financial cost of improper payment vulnerabilities identified by recovery audit contractors and how the Secretary is addressing them, and (2) assess the effectiveness of changes made to Medicare payment policies and procedures in order to address those vulnerabilities. Requires the Secretary to address improper payment vulnerabilities in a timely manner, prioritized based on the risk to the Medicare program. Authorizes the Secretary, under recovery audit contracts under both Medicare and Medicaid (SSA title XIX), to retain a certain portion of the recovered amounts for a program management account for activities addressing problems that contribute to improper payments and fraud. Requires the Secretary, under such contracts, to retain an additional 5% of the recovered amounts to be made available to the HHS Inspector General to investigate improper payments or audit internal controls associated with Medicare or Medicaid payments. Directs the Secretary to develop a plan to revise the incentive program under the Health Insurance Portability and Accountability Act of 1996 for the reporting of fraud and abuse to encourage greater participation by individuals reporting Medicare fraud and abuse. Requires the plan to include certain recommendations for: (1) ways to enhance rewards for individuals reporting, and (2) extention of the incentive program to the Medicaid program. Amends SSA title XIX to cover the costs of equipment, salaries and benefits, and travel and training in appropriations for the Medicaid Integrity Program. Allows the Secretary to increase Centers for Medicare and Medicaid Services (CMS) staff whose duties consist solely of protecting the integrity of the Medicare program by a number determined necessary to carry out the Program (currently, by 100). Directs the Secretary to provide incentives for Medicare administrative contractors to reduce the improper payment error rates in their jurisdictions. Requires imprisonment for up to 10 years or a fine of up to $500,000 ($1 million in the case of a corporation), or both, for knowingly, intentionally, and with the intent to defraud purchasing, selling, distributing, or arranging for the purchase, sale, or distribution of a Medicare, Medicaid, or CHIP beneficiary identification number or billing privileges under SSA titles XVIII, title XIX, or title XXI (Children's Health Insurance Program). Amends SSA title IV part D (Child Support and Establishment of Paternity) with respect to the Federal Parent Locator Service to give the CMS Administrator access to information in the National Directory of New Hires to determine the eligibility of an applicant for, or enrollee in, the Medicare program or an applicable state health subsidy program under the Patient Protection and Affordable Care Act (PPACA). Requires the Secretary to disclose to the HHS Inspector General information on individuals and their employers in the National Directory of New Hires if the HHS Inspector General gives the Secretary their names and Social Security account numbers. Restricts the use of such information to: (1) determining the eligibility of an applicant for, or enrollee in, the Medicare program or an applicable state health subsidy program; or (2) evaluating the integrity of such programs. Sets forth rules for the use and disclosure of such information by state agencies. Directs the Secretary to establish a plan to encourage and facilitate the participation of states in the Medicare-Medicaid Data Match Program (Medi-Medi Program). Revises Medi-Medi Data Match Program purposes. Amends SSA title XIX, as amended by PPACA, and XXI with respect to claims processing and detection of fraud within the Medicaid and CHIP programs.

To amend titles XVIII and XIX of the Social Security Act to curb waste, fraud, and abuse in the Medicare and Medicaid programs. 1. Short title; table of contents (a) Short title This Act may be cited as the Preventing and Reducing Improper Medicare and Medicaid Expenditures Act of 2013 PRIME Act of 2013 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Curbing improper payments Sec. 101. Requiring valid prescriber National Provider Identifiers on pharmacy claims. Sec. 102. Reforming how CMS tracks and corrects the vulnerabilities identified by Recovery Audit Contractors. Sec. 103. Improving Senior Medicare Patrol and fraud reporting rewards. Sec. 104. Strengthening Medicaid Program integrity through flexibility. Sec. 105. Establishing Medicare administrative contractor error reduction incentives. Sec. 106. Strengthening penalties for the illegal distribution of a Medicare, Medicaid, or CHIP beneficiary identification or billing privileges. TITLE II—Improving data sharing Sec. 201. Access to the National Directory of New Hires. Sec. 202. Improving the sharing of data between the Federal Government and State Medicaid programs. Sec. 203. Improving claims processing and detection of fraud within the Medicaid and CHIP programs. TITLE III—Report on implementation Sec. 301. Report on implementation. I Curbing improper payments 101. Requiring valid prescriber National Provider Identifiers on pharmacy claims Section 1860D–4(c) of the Social Security Act ( 42 U.S.C. 1395w–104(c) (4) Requiring valid prescriber National Provider Identifiers on pharmacy claims (A) In general For plan year 2015 and subsequent plan years, subject to subparagraph (B), the Secretary shall prohibit PDP sponsors of prescription drug plans from paying claims for prescription drugs under this part that do not include a valid prescriber National Provider Identifier. (B) Procedures The Secretary shall establish— (i) procedures for determining the validity of prescriber National Provider Identifiers under subparagraph (A); and (ii) procedures for transferring to the Inspector General of the Department of Health and Human Services and appropriate law enforcement agencies and other oversight entities information on those National Provider Identifiers and pharmacy claims, including records related to such claims, that the Secretary determines are invalid under clause (i). (C) Report Not later than January 1, 2017, the Inspector General of the Department of Health and Human Services shall submit to Congress a report on the effectiveness of the procedures established under subparagraph (B). . 102. Reforming how CMS tracks and corrects the vulnerabilities identified by Recovery Audit Contractors (a) In general Section 1893(h) of the Social Security Act ( 42 U.S.C. 1395ddd(h) (1) in paragraph (8)— (A) by striking report report (A) In general Subject to subparagraph (C), the Secretary ; and (B) by adding after subparagraph (A), as inserted by subparagraph (A), the following new subparagraphs: (B) Inclusion of improper payment vulnerabilities identified Each report submitted under subparagraph (A) shall, subject to subparagraph (C), include— (i) a description of— (I) the types and financial cost to the program under this title of improper payment vulnerabilities identified by recovery audit contractors under this subsection; and (II) how the Secretary is addressing such improper payment vulnerabilities; and (ii) an assessment of the effectiveness of changes made to payment policies and procedures under this title in order to address the vulnerabilities so identified. (C) Limitation The Secretary shall ensure that each report submitted under subparagraph (A) does not include information that the Secretary determines would be sensitive or would otherwise negatively impact program integrity. ; and (2) by adding at the end the following new paragraph: (10) Addressing improper payment vulnerabilities The Secretary shall address improper payment vulnerabilities identified by recovery audit contractors under this subsection in a timely manner, prioritized based on the risk to the program under this title. . (b) Use of Medicare and Medicaid recovery audit contractor recoveries for provider education and To prevent improper payments and fraud (1) Medicare RAC program Section 1893(h)(1)(C) of the Social Security Act (42 U.S.C. 1395ddd(h)(1)(C)) is amended— (A) by striking the Secretary shall retain (i) shall retain ; (B) in clause (i), as added by subparagraph (A)— (i) by inserting , in addition to any other funds that may be available, available (ii) by inserting until expended Services (iii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new clauses: (ii) may retain an additional portion of the amounts recovered (not to exceed 25 percent of such amounts recovered) which shall be available, in addition to any other funds that may be available, to such program management account until expended for purposes of activities to address problems that contribute to improper payments and fraud under this title; and (iii) shall retain an additional 5 percent of such amounts recovered to be made available, in addition to any other funds that may be available, to the Inspector General of the Department of Health and Human Services until expended for the Inspector General to carry out activities of the Inspector General relating to investigating improper payments or auditing internal controls associated with payments under this title. . (2) Medicaid RAC program Section 1936 of the Social Security Act (42 U.S.C. 1396u–6) is amended by adding at the end the following new subsection: (f) Amounts recovered through recovery audit contractors Notwithstanding any other provision of law, the Secretary— (1) may retain a portion of the amounts recovered pursuant to the program established under section 1902(a)(42)(B) (not to exceed 25 percent of the Federal share of such amounts recovered) which shall be available, in addition to any other funds that may be available, to the program management account of the Centers for Medicare & Medicaid Services for purposes of activities to address problems that contribute to improper payments and fraud under this title; and (2) shall retain an additional 5 percent of the Federal share of such amounts recovered to be made available, in addition to any other funds that may be available, to the Inspector General of the Department of Health and Human Services until expended for the Inspector General to carry out activities of the Inspector General relating to investigating improper payments or auditing internal controls associated with payments under this title. . (3) Effective date The amendments made by this section shall take effect on January 1, 2014. 103. Improving Senior Medicare Patrol and fraud reporting rewards (a) In general The Secretary of Health and Human Services (in this section referred to as the Secretary 42 U.S.C. 1395b–5(b) (1) ways to enhance rewards for individuals reporting under the incentive program, including rewards based on information that leads to an administrative action; and (2) extending the incentive program to the Medicaid program. (b) Public awareness and education campaign The plan developed under subsection (a) shall also include recommendations for the use of the Senior Medicare Patrols authorized under section 411 of the Older Americans Act of 1965 ( 42 U.S.C. 3032 (c) Submission of plan Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress the plan developed under subsection (a). 104. Strengthening Medicaid Program integrity through flexibility Section 1936 of the Social Security Act (42 U.S.C. 1396u–6) is amended— (1) in subsection (a), by inserting , or otherwise, entities (2) in subsection (e)— (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting (including the costs of equipment, salaries and benefits, and travel and training) Program under this section (B) in paragraph (3), by striking by 100 by 100, or such number as determined necessary by the Secretary to carry out the Program, 105. Establishing Medicare administrative contractor error reduction incentives (a) In general Section 1874A(b)(1)(D) of the Social Security Act ( 42 U.S.C. 1395kk(b)(1)(D) (1) by striking quality quality (i) In general Subject to clauses (ii) and (iii), the Secretary ; and (2) by inserting after clause (i), as added by paragraph (1), the following new clauses: (ii) Improper payment error rate reduction incentives The Secretary shall provide incentives for medicare administrative contractors to reduce the improper payment error rates in their jurisdictions. (iii) Incentives The incentives provided for under clause (ii)— (I) may include a sliding scale of bonus payments and additional incentives to medicare administrative contractors that reduce the improper payment error rates in their jurisdictions to certain benchmark levels, as determined by the Secretary; and (II) shall include substantial reductions in award fee payments under award fee contracts, for any medicare administrative contractor that reaches an upper end error threshold or other threshold as determined by the Secretary. . (b) Effective date (1) In general The amendments made by subsection (a) shall apply to contracts entered into or renewed on or after the date that is 12 months after the date of enactment of this Act. (2) Contracts entered into or renewed prior to effective date In the case of contracts in existence on or after the date of the enactment of this Act and that are not subject to the effective date under paragraph (1), the Secretary of Health and Human Services shall, when appropriate and practicable, seek to apply the incentives provided for in the amendments made by subsection (a) through contract modifications. 106. Strengthening penalties for the illegal distribution of a Medicare, Medicaid, or CHIP beneficiary identification or billing privileges Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a–7b(b)) is amended by adding at the end the following: (4) Whoever knowingly, intentionally, and with the intent to defraud purchases, sells or distributes, or arranges for the purchase, sale, or distribution of a Medicare, Medicaid, or CHIP beneficiary identification number or billing privileges under title XVIII, title XIX, or title XXI shall be imprisoned for not more than 10 years or fined not more than $500,000 ($1,000,000 in the case of a corporation), or both. . II Improving data sharing 201. Access to the National Directory of New Hires Section 453(j) of the Social Security Act (42 U.S.C. 653 (j)) is amended by adding at the end of the following new paragraph: (12) Information comparisons and disclosures to assist in administration of the Medicare program and State health subsidy programs (A) Disclosure to the Administrator of the Centers for Medicare & Medicaid Services The Administrator of the Centers for Medicare & Medicaid shall have access to the information in the National Directory of New Hires for purposes of determining the eligibility of an applicant for, or enrollee in, the Medicare program under title XVIII or an applicable State health subsidy program (as defined in section 1413(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18083(e) (B) Disclosure to the Inspector General of the Department of Health and Human Services (i) In general If the Inspector General of the Department of Health and Human Services transmits to the Secretary the names and social security account numbers of individuals, the Secretary shall disclose to the Inspector General information on such individuals and their employers maintained in the National Directory of New Hires. (ii) Use of information The Inspector General of the Department of Health and Human Services may use information provided under clause (i) only for purposes of— (I) determining the eligibility of an applicant for, or enrollee in, the Medicare program under title XVIII or an applicable State health subsidy program (as defined in section 1413(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18083(e))); or (II) evaluating the integrity of the Medicare program or an applicable State health subsidy program (as so defined). (C) Disclosure to State agencies (i) In general If, for purposes of administering an applicable State health subsidy program (as defined in section 1413(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18083(e) (ii) Condition on disclosure by the Secretary The Secretary shall make a disclosure under clause (i) only to the extent that the Secretary determines that the disclosure would not interfere with the effective operation of the program under this part. (iii) Use and disclosure of information by State agencies (I) In general A State agency may not use or disclose information provided under clause (i) except for purposes of administering a program referred to in clause (i). (II) Information security The State agency shall have in effect data security and control policies that the Secretary finds adequate to ensure the security of information obtained under clause (i) and to ensure that access to such information is restricted to authorized persons for purposes of authorized uses and disclosures. (III) Penalty for misuse of information An officer or employee of the State agency who fails to comply with this clause shall be subject to the sanctions under subsection (l)(2) to the same extent as if such officer or employee were an officer or employee of the United States. (iv) Procedural requirements State agencies requesting information under clause (i) shall adhere to uniform procedures established by the Secretary governing information requests and data matching under this paragraph. (v) Reimbursement of costs The State agency shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this subparagraph. . 202. Improving the sharing of data between the Federal Government and State Medicaid programs (a) In general The Secretary of Health and Human Services (in this section referred to as the Secretary Medi-Medi Program 42 U.S.C. 1395ddd(g) (b) Program revisions To improve Medi-Medi Data Match Program participation by States Section 1893(g)(1)(A) of the Social Security Act (42 U.S.C. 1395ddd(g)(1)(A)) is amended— (1) in the matter preceding clause (i), by inserting or otherwise eligible entities (2) in clause (i)— (A) by inserting to review claims data algorithms (B) by striking service, time, or patient provider, service, time, or patient (3) in clause (ii)— (A) by inserting to investigate and recover amounts with respect to suspect claims appropriate actions (B) by striking ; and (4) in clause (iii), by striking the period and inserting ; and (5) by adding at end the following new clause: (iv) furthering the Secretary’s design, development, installation, or enhancement of an automated data system architecture— (I) to collect, integrate, and assess data for purposes of program integrity, program oversight, and administration, including the Medi-Medi Program; and (II) that improves the coordination of requests for data from States. . (c) Providing states with data on improper payments made for items or services provided to dual eligible individuals (1) In general The Secretary shall develop and implement a plan that allows each State agency responsible for administering a State plan for medical assistance under title XIX of the Social Security Act access to relevant data on improper or fraudulent payments made under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (2) Dual eligible individual defined In this section, the term dual eligible individual 42 U.S.C. 1395j et seq. 42 U.S.C. 1396 et seq. 203. Improving claims processing and detection of fraud within the Medicaid and CHIP programs (a) Medicaid Section 1903(i) of the Social Security Act ( 42 U.S.C. 1396b(i) (1) in paragraph (25), by striking or (2) in paragraph (26), by striking the period and inserting ; or (3) by adding after paragraph (26), the following new paragraph: (27) with respect to amounts expended for an item or service for which medical assistance is provided under the State plan or under a waiver of such plan unless the claim for payment for such item or service contains a valid beneficiary identification number that, for purposes of the individual who received such item or service, has been determined by the State agency to correspond to an individual who is eligible to receive benefits under the State plan or waiver. . (b) CHIP Section 2107(e)(1)(I) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1)(I) and (17) (17), and (27) III Report on implementation 301. Report on implementation Not later than 270 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the implementation of the provisions of, and the amendments made by, this Act.

PRIME Act of 2013

BPA in Food Packaging Right to Know Act - Requires the Secretary of Health and Human Services (HHS) to: (1) issue a revised safety assessment for food containers composed of bisphenol A (BPA), taking into consideration different types of such containers and the use of such containers with respect to different foods; and (2) determine whether there is a reasonable certainty that no harm will result from aggregate exposure to BPA through food containers or other items composed of BPA, taking into consideration potential adverse effects from low-dose exposure and the effects of exposure on vulnerable populations, including pregnant women, infants, children, the elderly, and populations with high exposure to BPA. Amends the Federal Food, Drug, and Cosmetic Act to deem a food to be misbranded if its container is composed in whole or in part of BPA, unless the label includes the following statement: "This food packaging contains BPA, an endocrine-disrupting chemical."

To establish requirements with respect to bisphenol A. 1. Short title This Act may be cited as the BPA in Food Packaging Right to Know Act 2. Requirements with respect to bisphenol A (a) Regulation of containers composed of bisphenol A (1) Safety assessment of products composed of BPA Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the Secretary (2) Safety standard Through the safety assessment described in paragraph (1), and taking into consideration the requirements of section 409 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 348 (3) Application of safety standard to alternatives The Secretary shall use the safety standard described under paragraph (2) to evaluate the proposed uses of alternatives to bisphenol A. (b) Container labeling (1) In general Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 (z) If its container is composed, in whole or in part, of bisphenol A, unless the label includes the following statement: This food packaging contains BPA, an endocrine-disrupting chemical. . (2) Effective date The amendment made by paragraph (1) shall take effect 180 days after the date of enactment of this Act. (c) Savings provision Nothing in this section (or the amendments made by this section) shall affect the right of a State, political subdivision of a State, or Indian Tribe to adopt or enforce any regulation, requirement, liability, or standard of performance that is more stringent than a regulation, requirement, liability, or standard of performance under this section or that— (1) applies to a product category not described in this section; or (2) requires the provision of a warning of risk, illness, or injury associated with the use of food containers composed, in whole or in part, of bisphenol A. (d) Definition For purposes of this section— (1) the term container (2) the term food 21 U.S.C. 321

BPA in Food Packaging Right to Know Act

Working to Address Treaty Enforcement Rapidly for Texas Act - Directs the Secretary of State to: (1) report quarterly to Congress describing efforts by Mexico to meet the treaty obligations of Mexico to deliver water to the Rio Grande, in accordance with the 1944 treaty between the United States and Mexico entitled "Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande"; and (2) report annually to Congress describing the benefits to the United States of the 2012 document entitled "Interim International Cooperative Measures in the Colorado River Basin through 2017 and Extension of Minute 318 Cooperative Measures to Address the Continued Effects of the April 2010 Earthquake in the Mexicali Valley, Baja California."

To require the Secretary of State to submit to Congress reports on water sharing with Mexico. 1. Short title This Act may be cited as the Working to Address Treaty Enforcement Rapidly for Texas Act 2. Reports on water sharing with Mexico (a) In general The Secretary of State shall submit to Congress a report— (1) not later than 45 days after the date of enactment of this Act, and quarterly thereafter, describing efforts by Mexico to meet the treaty obligations of Mexico to deliver water to the Rio Grande, in accordance with the treaty between the United States and Mexico entitled Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande (2) not later than 1 year after the date of enactment of this Act, and annually thereafter, describing the benefits to the United States of the document entitled Interim International Cooperative Measures in the Colorado River Basin through 2017 and Extension of Minute 318 Cooperative Measures to Address the Continued Effects of the April 2010 Earthquake in the Mexicali Valley, Baja California Minute Number 319 (b) Action by Secretary of State Notwithstanding any other provision of law, the Secretary of State shall not extend Minute Number 319 if the Secretary fails to comply with the requirements of this Act.

Working to Address Treaty Enforcement Rapidly for Texas Act

Prescribe A Book Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award matching grants to nonprofit organizations for the implementation of Pediatric Early Literacy Programs, through which: (1) health care providers encourage parents to read aloud to their children and offer parents developmentally appropriate recommendations and strategies for doing so; (2) health care providers give each visiting child between the ages of six months and five years a new, developmentally appropriate children's book to take home and keep; and (3) volunteers in health care facility waiting areas read to children and show parents the techniques and pleasures of sharing books. Requires that the books provided to children under the programs be obtained at a discount.

To aid and support pediatric involvement in reading and education. 1. Short title This Act may be cited as the Prescribe A Book Act 2. Pediatric involvement in reading and education Part D of title V of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7241 et seq. 22 Pediatric Early Literacy Programs 5621. Definitions In this subpart: (1) Eligible entity The term eligible entity (A) Providing peer-to-peer training to healthcare providers in research-based methods of literacy promotion as part of routine pediatric health supervision visits. (B) Delivering a training curriculum through a variety of medical education settings, including residency training, continuing medical education, and national pediatric conferences. (C) Providing technical assistance to local healthcare facilities to effectively implement a high-quality Pediatric Early Literacy Program. (D) Offering opportunities for local healthcare facilities to obtain books at significant discounts, as described in section 5626. (E) Integrating the latest developmental and educational research into the training curriculum for healthcare providers described in subparagraph (B). (2) Pediatric Early Literacy Program The term Pediatric Early Literacy Program (A) creates and implements a 3-part model through which— (i) healthcare providers, doctors, and nurses, trained in research-based methods of early language and literacy promotion, encourage parents to read aloud to their young children, and offer developmentally appropriate recommendations and strategies to parents for the purpose of reading aloud to their children; (ii) healthcare providers, at health supervision visits, provide each child between the ages of 6 months and 5 years a new, developmentally appropriate children’s book to take home and keep; and (iii) volunteers in waiting areas of healthcare facilities read aloud to children, modeling for parents the techniques and pleasures of sharing books together; (B) demonstrates, through research published in peer-reviewed journals, effectiveness in positively altering parent behavior regarding reading aloud to children, and improving expressive and receptive language in young children; and (C) receives the endorsement of nationally recognized medical associations and academies. 5622. Program authorized The Secretary is authorized to award grants to eligible entities to enable the eligible entities to implement Pediatric Early Literacy Programs. 5623. Applications An eligible entity that desires to receive a grant under section 5622 shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require. 5624. Matching requirement An eligible entity receiving a grant under section 5622 shall provide, either directly or through private contributions, non-Federal matching funds equal to not less than 50 percent of the grant received by the eligible entity under section 5622. Such matching funds may be in cash or in-kind. 5625. Use of grant funds (a) In general An eligible entity receiving a grant under section 5622 shall— (1) enter into contracts with private nonprofit organizations, or with public agencies, selected based on the criteria described in subsection (b), under which each contractor will agree to establish and operate a Pediatric Early Literacy Program; (2) provide such training and technical assistance to each contractor of the eligible entity as may be necessary to carry out this subpart; and (3) include such other terms and conditions in an agreement with a contractor as the Secretary determines to be appropriate to ensure the effectiveness of such programs. (b) Contractor criteria Each contractor shall be selected under subsection (a)(1) on the basis of the extent to which the contractor gives priority to serving a substantial number or percentage of at-risk children, including— (1) children from families with an income below 200 percent of the poverty line applicable to a family of the size involved, particularly such children in high-poverty areas; (2) children without adequate medical insurance; (3) children enrolled in a State Medicaid program, established under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (4) children living in rural areas; (5) migrant children; and (6) children with limited access to libraries. 5626. Restriction on payments The Secretary shall make no payment to an eligible entity under this subpart unless the Secretary determines that the eligible entity or a contractor of the eligible entity, as the case may be, has made arrangements with book publishers or distributors to obtain books at discounts that are at least as favorable as discounts that are customarily given by such publisher or distributor for book purchases made under similar circumstances in the absence of Federal assistance. 5627. Reporting requirement An eligible entity receiving a grant under section 5622 shall report annually to the Secretary on the effectiveness of the program implemented by the eligible entity and the programs instituted by each contractor of the eligible entity, and shall include in the report a description of each program. . 3. Conforming amendment The table of contents in section 2 of the Elementary and Secondary Education Act is amended by inserting after the item relating to section 5618 the following: SUBPART 22—Pediatric Early Literacy Programs Sec. 5621. Definitions. Sec. 5622. Program authorized. Sec. 5623. Applications. Sec. 5624. Matching requirement. Sec. 5625. Use of grant funds. Sec. 5626. Restriction on payments. Sec. 5627. Reporting requirement. .

Prescribe A Book Act

Strengthening Kids' Interest in Learning and Libraries Act or the SKILLS Act - Amends part A of title I of the Elementary and Secondary Education Act of 1965 (ESEA) to require the inclusion of effective school library programs in school improvement programs. Defines an "effective school library program" as one that: (1) is staffed by a state sanctioned school librarian; (2) has up-to-date materials and technology, including broadband; (3) includes regular collaboration between teachers and school librarians concerning school reform efforts; and (4) supports the development of digital literacy skills. Replaces the existing program under subpart 4 (Improving Literacy Through School Libraries) of part B of title I of the ESEA with a new program (Improving Literacy and College and Career Readiness Through Effective School Library Programs) awarding competitive three-year grants to local educational agencies (LEAs) to develop and enhance effective school library programs. Makes LEAs eligible for such grants only if at least 20% of their students are impoverished. Amends part A (Teacher and Principal Training and Recruiting Fund) of title II of the ESEA to rename part A the Teacher, School Librarian, and Principal Training and Recruiting Fund. Requires states and LEAs to use funds under the program to train school librarians, and recruit and retain highly effective school librarians.

To amend the Elementary and Secondary Education Act of 1965 regarding school libraries, and for other purposes. 1. Short title This Act may be cited as the Strengthening Kids' Interest in Learning and Libraries Act SKILLS Act 2. References Except as otherwise expressly provided, wherever 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. I Improving education through school libraries 101. Authorization of appropriations Section 1002(b)(4) ( 20 U.S.C. 6302(b)(4) (4) Improving literacy through school libraries For the purpose of carrying out subpart 4 of part B, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and for each of the 5 succeeding fiscal years. . 102. State plans Section 1111(b)(8) (20 U.S.C. 6311(b)(8)) is amended— (1) in the matter preceding subparagraph (A), by inserting or include describe (2) in subparagraph (D), by striking and (3) by redesignating subparagraph (E) as subparagraph (F); and (4) by inserting after subparagraph (D) the following: (E) an assurance that the State educational agency will assist local educational agencies in developing effective school library programs to provide students an opportunity to develop digital literacy skills and the knowledge and skills described in the challenging academic content standards adopted by the State; and . 103. Local educational agency plans Section 1112(c)(1) ( 20 U.S.C. 6312(c)(1) (1) in subparagraph (N), by striking and (2) in subparagraph (O), by striking the period and inserting ; and (3) by adding at the end the following: (P) assist each school served by the agency and assisted under this part in developing effective school library programs consistent with section 1111(b)(8)(E). . 104. Schoolwide programs Section 1114(b)(1)(D) ( 20 U.S.C. 6314(b)(1)(D) school librarians, teachers, 105. Targeted assistance programs Section 1115(c)(1)(F) ( 20 U.S.C. 6315(c)(1)(F) school librarians, teachers, 106. Improving literacy and college and career readiness through effective school library programs Subpart 4 of part B of title I ( 20 U.S.C. 6383 4 Improving literacy and college and career readiness through effective school library programs 1251. Improving literacy and college and career readiness through effective school library programs (a) Purpose The purpose of this subpart is to improve students' literacy skills and readiness for higher education and careers, by providing students with effective school library programs. (b) Definition of eligible entity In this section, the term eligible entity (1) a local educational agency in which 20 percent of the students served by the local educational agency are from families with incomes below the poverty line; or (2) a consortia of such local educational agencies. (c) Reservation From the funds appropriated under section 1002(b)(4) for a fiscal year, the Secretary shall reserve— (1) one-half of 1 percent to award assistance under this section to the Bureau of Indian Education to carry out activities consistent with the purpose of this subpart; and (2) one-half of 1 percent to award assistance under this section to the outlying areas according to their respective needs for assistance under this subpart. (d) Grants to local educational agencies (1) In general From amounts appropriated under section 1002(b)(4) and not reserved under subsection (c), the Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to carry out the authorized activities described in subsection (e). (2) Sufficient size and scope The Secretary shall award grants under this section of sufficient size and scope to allow the eligible entities to carry out effective school library programs for which the grant funds are provided. (3) Distribution The Secretary shall ensure that grants under this section are equitably distributed among the different geographic regions of the United States, and among eligible entities serving urban and rural areas. (4) Duration The Secretary shall award grants under this section for a period of 3 years. (5) Local applications An eligible entity 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. Such application shall include, for each school that the eligible entity identifies as participating in a grant program under this section, the following information: (A) a needs assessment relating to the need for literacy improvement at all grade levels and the need for effective school library programs, based on the age and condition of school library resources, including— (i) book collections; (ii) access to advanced technology; (iii) the availability of well-trained, State certified or licensed school librarians; and (iv) the current level of coordination and shared planning time among school librarians and classroom teachers; (B) a description of which grade spans will be served, and an assurance that funding will be distributed to serve students in elementary, middle, and high schools; (C) how the eligible entity will extensively involve school librarians, teachers, administrators, and parents in the activities assisted under this section, and the manner in which the eligible entity will carry out the activities described in subsection (e) using programs and materials that are grounded in scientifically valid research; (D) the manner in which the eligible entity will effectively coordinate the funds and activities provided under this section with Federal, State, and local funds and activities under this subpart and other literacy, library, technology, and professional development funds and activities, including those funded through the Institute of Museum and Library Services; and (E) the manner in which the eligible entity will collect and analyze data on the quality and impact of activities carried out under this section by schools served by the eligible entity. (e) Local activities Funds under this section may be used to develop and enhance effective school library programs, which may include activities to— (1) acquire up-to-date school library resources, including books and reading materials that— (A) are appropriate for students in all grade levels to be served and for students with special learning needs, including students who are limited English proficient; and (B) engage the interest of readers at all reading levels; (2) acquire and use advanced technology, incorporated into the curricula of the school, to develop and enhance the digital literacy skills of students; (3) facilitate Internet links and other resource-sharing networks among schools and school libraries, and public and academic libraries, where possible; (4) provide— (A) professional development in the acquisition of digital literacy skills and literacy instruction that is appropriate for all grades, including the assessment of student literacy needs, the coordination of reading and writing instruction across content areas, and training in literacy strategies in all content areas for school librarians; and (B) activities that foster increased collaboration among school librarians, teachers, and administrators; and (5) provide students with access to school libraries during nonschool hours, including the hours before and after school, during weekends, and during summer vacation periods. (f) Supplement not supplant Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds expended to carry out activities relating to library, technology, or professional development activities. (g) Accountability and reporting Each eligible entity that receives funds under this section for a fiscal year shall prepare and submit a report to the Secretary regarding how the funding was used and the extent to which the availability of, the access to, and the use of, up-to-date school library resources in the elementary schools and secondary schools served by the eligible entity was increased. . II Preparing, training, and recruiting highly effective teachers, school librarians, and principals 201. Teacher, school librarian, and principal training and recruiting fund Title II ( 20 U.S.C. 6601 et seq. (1) in the title heading, by striking High quality teachers and principals Highly effective teachers, school librarians, and principals (2) in the part heading for part A, by striking Teacher and principal Teacher, school librarian, and principal 202. Purpose Section 2101(1) ( 20 U.S.C. 6601(1) (1) increase student achievement through strategies such as— (A) improving teacher, school librarian, and principal quality; and (B) increasing the number of highly effective teachers in the classroom, highly effective school librarians in the library, and highly effective principals and assistant principals in the school; and . 203. State applications Section 2112(b)(4) ( 20 U.S.C. 6612(b)(4) , school librarians, and principals 204. State use of funds Section 2113(c) (20 U.S.C. 6613(c)) is amended— (1) in paragraph (4)— (A) in the matter preceding subparagraph (A), by striking principals, highly effective school librarians, and highly qualified principals and (B) in subparagraph (B), by striking , principals, , highly effective school librarians, and highly qualified principals (2) in paragraph (6), by striking teachers and principals teachers, school librarians, and principals 205. Local use of funds Section 2123(a) (20 U.S.C. 6623(a)) is amended by inserting after paragraph (8) the following: (9) (A) Developing and implementing strategies to assist in recruiting and retaining highly effective school librarians; and (B) providing appropriate professional development for school librarians, particularly related to skills necessary to assist students to improve the students' academic achievement, including digital literacy skills and preparation for higher education and careers. . III General provisions 301. Definitions Section 9101 ( 20 U.S.C. 7801 (1) by redesignating paragraphs (16), (17), and (18) through (43) as paragraphs (17), (18), and (20) through (45), respectively; (2) by inserting after paragraph (15) the following: (15) Digital literacy skills The term digital literacy skills ; and (3) by inserting after paragraph (18) (as redesignated by paragraph (1)) the following: (19) Effective school library program The term effective school library program (A) is staffed by a State certified or licensed school librarian; (B) has up-to-date books, materials, equipment, and technology (including broad­band); (C) includes regular collaboration between classroom teachers and school librarians to assist with development and implementation of the curriculum and other school reform efforts; and (D) supports the development of digital literacy skills. . 302. Conforming amendments (a) Table of contents The table of contents in section 2 of the Act is amended— (1) by striking the items relating to subpart 4 of part B of title I and inserting the following: Subpart 4—Improving Literacy and College and Career Readiness through Effective School Library Programs Sec. 1251. Improving literacy and college and career readiness through effective school library programs. ; (2) by striking the item relating to title II and inserting the following: TITLE II—Preparing, Training, and Recruiting Highly Effective Teachers, School Librarians, and Principals ; and (3) by striking the item relating to part A of title II and inserting the following: Part A—Teacher, School Librarian, and Principal Training and Recruiting Fund. .

SKILLS Act

Preserving Access to Orphan Drugs Act of 2013 - Amends the Patient Protection and Affordable Care Act (PPACA) to exclude any drug or biological product which is approved or licensed by the Food and Drug Administration (FDA) for marketing solely for one or more rare diseases or conditions (orphan drug) from the annual fee on manufacturers or importers with branded prescription drug sales exceeding $5 million. Makes this Act effective as if included in PPACA.

To clarify the orphan drug exception to the annual fee on branded prescription pharmaceutical manufacturers and importers. 1. Short title This Act may be cited as the Preserving Access to Orphan Drugs Act of 2013 2. Clarification of orphan drug exception to annual fee on branded prescription pharmaceutical manufacturers and importers (a) In general Paragraph (3) of section 9008(e) of the Patient Protection and Affordable Care Act (26 U.S.C. 4001 note prec.; Public Law 111–148 (3) Exclusion of orphan drug sales (A) In general The term branded prescription drug sales (i) with respect to which a credit was allowed for any taxable year under section 45C of the Internal Revenue Code of 1986; or (ii) which is approved or licensed by the Food and Drug Administration for marketing solely for one or more rare diseases or conditions. (B) Limitation Subparagraph (A) shall not apply with respect to any drug or biological product after the date on which the drug or biological product is approved or licensed by the Food and Drug Administration for marketing for any indication other than the treatment of a rare disease or condition. (C) Rare disease or condition In this paragraph, the term rare disease or condition . (b) Effective date The amendment made by this section shall take effect as if included in section 9008 of the Patient Protection and Affordable Care Act (26 U.S.C. 4001 note prec.; Public Law 111–148

Preserving Access to Orphan Drugs Act of 2013

STEM Support for Teachers in Education and Mentoring (STEM) Act or the STEM 2 Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive planning grants to states, Indian tribes or tribal organizations, nonprofit organizations, or institutions of higher education (IHEs) to develop effective state or tribal science, technology, engineering, and mathematics (STEM) networks that coordinate STEM education efforts by: (1) facilitating communication and collaboration among public and private STEM stakeholders, and (2) identifying STEM occupational skills needed in the future. Directs the Secretary to award competitive grants to states, Indian tribes or tribal organizations, local educational agencies (LEAs), IHEs, or nonprofit organizations to develop, implement, and evaluate STEM education training programs for teachers and administrators in elementary, middle, and secondary schools and for preservice teachers in postsecondary schools. Requires the Secretary to award competitive grants to states, Indian tribes or tribal organizations, LEAs, public charter schools, IHEs, or nonprofit organizations to support curriculum development, assessments, or related activities that enable states to adopt new mathematics and science academic standards. Requires the Secretary to establish a national panel to identify and recommend the most effective STEM curricula models for kindergarten through grade 12.

To assist coordination among science, technology, engineering, and mathematics efforts in the States, to strengthen the capacity of elementary schools, middle schools, and secondary schools to prepare students in science, technology, engineering, and mathematics, and for other purposes. 1. Short title This Act may be cited as the STEM Support for Teachers in Education and Mentoring (STEM) Act STEM² Act 2. STEM education planning and training (a) In general Title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6601 et seq. E STEM education planning and training 2501. Definitions In this part: (1) Indian tribe; tribal organization The terms Indian tribe tribal organization (2) STEM The term STEM 2502. Planning grants (a) Purpose The purpose of this section is to address the lack of coordination among STEM education efforts in the States. (b) Definition of eligible entity In this section, the term eligible entity (c) Grants authorized (1) In general From amounts made available to carry out this section, the Secretary shall carry out a program of awarding, on a competitive basis, planning grants to eligible entities to enable the eligible entities to— (A) develop effective State or tribal STEM networks for communication and collaboration that include school teachers, institutions of higher education, nonprofit organizations, businesses, Federal, State, and local governments, and any other relevant entities; and (B) through such State STEM networks, identify future STEM skills needed for STEM and non-STEM occupations. (2) Proportionality In awarding grants under this section, the Secretary shall, to the extent practicable, ensure a distribution of grant funds focused on high-need and high-poverty eligible entities. (d) Application An eligible entity desiring 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) Reports (1) Reports to the Secretary An eligible entity receiving a grant under this section shall submit to the Secretary an annual report describing the progress made on the grant. (2) Reports to Congress Not later than 3 years after the date of enactment of the STEM Support for Teachers in Education and Mentoring (STEM) Act 2503. Training program grants (a) Purpose The purpose of this section is to strengthen the capacity of preservice and existing teachers, elementary schools, middle schools, and secondary schools to use proven methods, including inquiry or project-based learning, to inspire and prepare students for STEM careers and build STEM literacy. (b) Definition of eligible entity In this section, the term eligible entity (c) Grants authorized (1) In general From amounts made available to carry out this section, the Secretary shall carry out a program of awarding grants, on a competitive basis, to eligible entities to enable the eligible entities to develop, carry out, and evaluate training programs for STEM education— (A) in elementary schools, middle schools, and secondary schools for existing teachers; and (B) in postsecondary schools for pre­ser­vice teachers. (2) Proportionality In awarding grants under this section, the Secretary shall, to the extent practicable, ensure an equitable distribution— (A) between eligible entities serving urban areas and eligible entities serving rural areas; and (B) of grant funds focused on high-need and high-poverty eligible entities. (d) Application An eligible entity desiring 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. Such application shall include— (1) a description of how the eligible entity will monitor and evaluate the effectiveness of the training program, including how the eligible entity plans to measure the impact of the training on— (A) teachers who attended the training after the teachers return to the classroom; or (B) preservice teachers; and (2) any other information the Secretary determines appropriate. (e) Use of funds An eligible entity receiving a grant under this section shall use grant funds to carry out a training program, using best practice models (including inquiry and project-based models) and through summer institutes or other professional development enrichment programs, that provides professional development regarding STEM education to existing and preservice STEM teachers (including STEM teachers who are master teachers or have otherwise demonstrated mastery of STEM teaching) and administrators who are employed as teachers and administrators, respectively, as of the time of the program. (f) Reports (1) Reports to the Secretary An eligible entity receiving a grant under this section shall submit to the Secretary an annual report that describes the progress made on the grant and includes the results from the evaluation described in the application under subsection (d). (2) Reports to Congress Not later than 3 years after the date of enactment of this part, and every 3 years thereafter, the Secretary shall submit a report to Congress regarding the program supported under this section. 2504. Academic standards grants (a) Purpose The purpose of this section is to strengthen the capacity of States to implement new mathematics and science academic standards. (b) Definition of eligible entity In this section, the term eligible entity (c) Grants authorized (1) In general From amounts made available to carry out this section, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to support curriculum development, assessments, or related activities that would enable States to adopt new mathematics and science academic standards. (2) Proportionality In awarding grants under this section, the Secretary shall, to the extent practicable, ensure a distribution of grant funds focused on high-need and high-poverty eligible entities. (d) Application An eligible entity desiring 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. Such application shall include— (1) a description of how the eligible entity will monitor and evaluate the effectiveness of curriculum development, assessments, or related activities that would enable States to adopt new mathematics and science academic standards; and (2) any other information the Secretary determines appropriate. (e) Use of funds An eligible entity receiving a grant under this section shall use grant funds to carry out curriculum development, assessments, or related activities that would enable States to adopt new mathematics and science academic standards and provide professional development regarding STEM education standards and national tests for administrators who are employed as teachers and administrators, respectively, as of the time of the program. (f) Reports to the Secretary An eligible entity receiving a grant under this section shall submit to the Secretary an annual report that describes the progress made on the grant and includes the results from the evaluation described in the application under subsection (d). 2505. National panel (a) In general The Secretary shall establish a national panel to review, evaluate, and identify— (1) rigorous kindergarten through grade 12 STEM curricula models, including computer or web-based simulation education programs, kinesthetic learning, and inquiry- or project-based learning techniques; and (2) best practices with respect to STEM curricula. (b) Members The Secretary shall determine the membership of the national panel described in subsection (a), which shall be comprised of individuals who have the wisdom and experience to identify and recommend the most effective STEM curricula models, such as— (1) representatives of technology industries and business; (2) teachers and school administrators; (3) representatives of nonprofit organizations and community organizations; (4) faculty members of institutions of higher education; (5) research specialists and curricula specialists; (6) at least 1 rural education expert; (7) at least 1 high school or college student to provide a youth perspective; and (8) other individuals, as determined appropriate by the Secretary. (c) Reports The panel shall prepare reports and recommendations regarding the panel's findings as requested by the Secretary. 2506. Authorization of appropriations There is authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years. . (b) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 2441 the following: Part E—STEM education planning and training Sec. 2501. Definitions. Sec. 2502. Planning grants. Sec. 2503. Training program grants. Sec. 2504. Academic standards grants. Sec. 2505. National panel. Sec. 2506. Authorization of appropriations. .

STEM 2 Act

Know Before You Owe Private Student Loan Act of 2013 - Amends the Truth in Lending Act to require a lender, before issuing a private education loan for a student attending an institution of higher education (IHE), to obtain the IHE's certification of: (1) the student's enrollment status, (2) the student's cost of attendance, and (3) the difference between that cost and the student's estimated financial assistance. Eliminates the requirement that such lenders obtain a self-certification form from the private education loan applicant. Allows a lender to issue such loan without a certification if there is no response from the relevant IHE within 15 business days of the lender's request for the certification. Requires private educational lenders to: (1) send loan statements to borrowers at least once every three months a student is enrolled at an IHE; (2) notify the relevant IHE, in writing, of the loan amount and the student to whom it applies no later than the date funds are issued; and (3) submit an annual report to the Consumer Financial Protection Bureau (CFPB) containing information the CFPB requires concerning private student loans. Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require IHEs, before providing lenders with certifications, to determine whether students have exhausted their options for title IV assistance and notify borrowers of: (1) the availability of such assistance, (2) their ability to choose their own private educational lender, (3) the impact of the proposed private education loan on their eligibility for other financial assistance, and (4) their right to accept or reject a private education loan within 30 days of the lender's approval of their application and to cancel the loan within 3 business days of its consummation.

To amend the Truth in Lending Act and the Higher Education Act of 1965 to require certain creditors to obtain certifications from institutions of higher education, and for other purposes. 1. Short title This Act may be cited as the Know Before You Owe Private Student Loan Act of 2013 2. Amendments to the Truth in Lending Act (a) In general Section 128(e) of the Truth in Lending Act ( 15 U.S.C. 1638(e) (1) by striking paragraph (3) and inserting the following: (3) Institutional certification required (A) In General Except as provided in subparagraph (B), before a creditor may issue any funds with respect to an extension of credit described in this subsection, the creditor shall obtain from the relevant institution of higher education where such loan is to be used for a student, such institution's certification of— (i) the enrollment status of the student; (ii) the student's cost of attendance at the institution as determined by the institution under part F of title IV of the Higher Education Act of 1965; and (iii) the difference between— (I) such cost of attendance; and (II) the student's estimated financial assistance, including such assistance received under title IV of the Higher Education Act of 1965 and other financial assistance known to the institution, as applicable. (B) Exception Notwithstanding subparagraph (A), a creditor may issue funds with respect to an extension of credit described in this subsection without obtaining from the relevant institution of higher education such institution’s certification if such institution fails to provide within 15 business days of the creditor’s request for such certification— (i) the requested certification; or (ii) notification that the institution has received the request for certification and will need additional time to comply with the certification request. (C) Loans Disbursed Without Certification If a creditor issues funds without obtaining a certification, as described in subparagraph (B), such creditor shall report the issuance of such funds in a manner determined by the Director of the Consumer Financial Protection Bureau. ; (2) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and (3) by inserting after paragraph (8) the following: (9) Provision of information (A) Provision of Information to Students (i) Loan Statement A creditor that issues any funds with respect to an extension of credit described in this subsection shall send loan statements, where such loan is to be used for a student, to borrowers of such funds not less than once every 3 months during the time that such student is enrolled at an institution of higher education. (ii) Contents of Loan Statement Each statement described in clause (i) shall— (I) report the borrower's total remaining debt to the creditor, including accrued but unpaid interest and capitalized interest; (II) report any debt increases since the last statement; and (III) list the current interest rate for each loan. (B) Notification of loans disbursed without certification On or before the date a creditor issues any funds with respect to an extension of credit described in this subsection, the creditor shall notify the relevant institution of higher education, in writing, of the amount of the extension of credit and the student on whose behalf credit is extended. The form of such written notification shall be subject to the regulations of the Consumer Financial Protection Bureau. (C) Annual Report A creditor that issues funds with respect to an extension of credit described in this subsection shall prepare and submit an annual report to the Consumer Financial Protection Bureau containing the required information about private student loans to be determined by the Consumer Financial Protection Bureau, in consultation with the Secretary of Education. . (b) Definition of Private Education Loan Section 140(a)(7)(A) of the Truth in Lending Act ( 15 U.S.C. 1650(a)(7)(A) (1) by redesignating clause (ii) as clause (iii); (2) in clause (i), by striking and (3) by adding after clause (i) the following: (ii) is not made, insured, or guaranteed under title VII or title VIII of the Public Health Service Act ( 42 U.S.C. 292 et seq. . (c) Regulations Not later than 365 days after the date of enactment of this Act, the Consumer Financial Protection Bureau shall issue regulations in final form to implement paragraphs (3) and (9) of section 128(e) of the Truth in Lending Act ( 15 U.S.C. 1638(e) 3. Amendment to the Higher Education Act of 1965 (a) Amendment to the Higher Education Act of 1965 Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) (28) (A) The institution shall— (i) upon the request of a private educational lender, acting in connection with an application initiated by a borrower for a private education loan in accordance with section 128(e)(3) of the Truth in Lending Act, provide certification to such private educational lender— (I) that the student who initiated the application for the private education loan, or on whose behalf the application was initiated, is enrolled or is scheduled to enroll at the institution; (II) of such student's cost of attendance at the institution as determined under part F of this title; and (III) of the difference between— (aa) the cost of attendance at the institution; and (bb) the student's estimated financial assistance received under this title and other assistance known to the institution, as applicable; and (ii) provide the certification described in clause (i), or notify the creditor that the institution has received the request for certification and will need additional time to comply with the certification request— (I) within 15 business days of receipt of such certification request; and (II) only after the institution has completed the activities described in subparagraph (B). (B) The institution shall, upon receipt of a certification request described in subparagraph (A)(i), and prior to providing such certification— (i) determine whether the student who initiated the application for the private education loan, or on whose behalf the application was initiated, has applied for and exhausted the Federal financial assistance available to such student under this title and inform the student accordingly; and (ii) provide the borrower whose loan application has prompted the certification request by a private education lender, as described in subparagraph (A)(i), with the following information and disclosures: (I) The availability of, and the borrower’s potential eligibility for, Federal financial assistance under this title, including disclosing the terms, conditions, interest rates, and repayment options and programs of Federal student loans. (II) The borrower's ability to select a private educational lender of the borrower's choice. (III) The impact of a proposed private education loan on the borrower's potential eligibility for other financial assistance, including Federal financial assistance under this title. (IV) The borrower’s right to accept or reject a private education loan within the 30-day period following a private educational lender’s approval of a borrower’s application and about a borrower’s 3-day right to cancel period. (C) For purposes of this paragraph, the terms private educational lender . (b) Effective date The amendment made by subsection (a) shall take effect on the effective date of the regulations described in section 2(c). 4. Report Not later than 24 months after the issuance of regulations under section 2(c), the Director of the Consumer Financial Protection Bureau and the Secretary of Education shall jointly submit to Congress a report on the compliance of institutions of higher education and private educational lenders with section 128(e)(3) of the Truth in Lending Act ( 15 U.S.C. 1638(e) 20 U.S.C. 1094(a)

Know Before You Owe Private Student Loan Act of 2013

Ending Secret Law Act - Expresses the sense of Congress that each decision, order, or opinion ("decision," for purposes of this Act) issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant construction or interpretation of Foreign Intelligence Surveillance Act of 1978 (FISA) provisions concerning access to business records and the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information should be declassified in a manner consistent with the protection of national security, intelligence sources and methods, and other properly classified and sensitive information. Amends FISA provisions concerning access to business records and the targeting of persons reasonably believed to be located outside the United States to require the Attorney General, with exceptions, to declassify and make publicly available decisions concerning certain surveillance orders required for inclusion in a semiannual report to Congress. Requires release to the public of unclassified summaries and reports if the Attorney General determines that a decision may not be declassified. Requires the Attorney General, in cases in which an unclassified summary may not be made available, to make publicly available an unclassified report on the status of the internal deliberations and process regarding the declassification by executive branch personnel of such decisions, including estimates of the number of decisions that will be declassified or remain classified.

To require the Attorney General to disclose each decision, order, or opinion of a Foreign Intelligence Surveillance Court that includes significant legal interpretation of section 501 or 702 of the Foreign Intelligence Surveillance Act of 1978 unless such disclosure is not in the national security interest of the United States and for other purposes. 1. Short title This Act may be cited as the Ending Secret Law Act 2. Findings Congress finds the following: (1) Secret law is inconsistent with democratic governance. In order for the rule of law to prevail, the requirements of the law must be publicly discoverable. (2) The United States Court of Appeals for the Seventh Circuit stated in 1998 that the “idea of secret laws is repugnant”. (3) The open publication of laws and directives is a defining characteristic of government of the United States. The first Congress of the United States mandated that every law, order, resolution, and vote [shall] be published in at least three of the public newspapers printed within the United States (4) The practice of withholding decisions of the Foreign Intelligence Surveillance Court is at odds with the United States tradition of open publication of law. (5) The Foreign Intelligence Surveillance Court acknowledges that such Court has issued legally significant interpretations of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. (6) The exercise of surveillance authorities under the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. (7) Section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 Public Law 107–56 any tangible things (8) In 2010, the Department of Justice and the Office of the Director of National Intelligence established a process to review and declassify opinions of the Foreign Intelligence Surveillance Court, but more than two years later no declassifications have been made. 3. Sense of Congress It is the sense of Congress that each decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant construction or interpretation of section 501 or section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 and 1881a) should be declassified in a manner consistent with the protection of national security, intelligence sources and methods, and other properly classified and sensitive information. 4. Requirement for disclosure of decisions, orders, and opinions of the Foreign Intelligence Surveillance Court (a) Section 501 (1) In general Section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 (i) Disclosure of decisions (1) Decision defined In this subsection, the term decision (2) Requirement for disclosure Subject to paragraphs (3) and (4), the Attorney General shall declassify and make available to the public— (A) each decision that is required to be submitted to committees of Congress under section 601(c), not later than 45 days after such opinion is issued; and (B) each decision issued prior to the date of the enactment of the Ending Secret Law Act (3) Unclassified summaries Notwithstanding paragraph (2) and subject to paragraph (4), if the Attorney General makes a determination that a decision may not be declassified and made available in a manner that protects the national security of the United States, including methods or sources related to national security, the Attorney General shall release an unclassified summary of such decision. (4) Unclassified report Notwithstanding paragraphs (2) and (3), if the Attorney General makes a determination that any decision may not be declassified under paragraph (2) and an unclassified summary of such decision may not be made available under paragraph (3), the Attorney General shall make available to the public an unclassified report on the status of the internal deliberations and process regarding the declassification by personnel of Executive branch of such decisions. Such report shall include— (A) an estimate of the number of decisions that will be declassified at the end of such deliberations; and (B) an estimate of the number of decisions that, through a determination by the Attorney General, shall remain classified to protect the national security of the United States. . (2) Section 702 Section 702(l) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a(l) (4) Disclosure of decisions (A) Decision defined In this paragraph, the term decision (B) Requirement for disclosure Subject to subparagraphs (C) and (D), the Attorney General shall declassify and make available to the public— (i) each decision that is required to be submitted to committees of Congress under section 601(c), not later than 45 days after such opinion is issued; and (ii) each decision issued prior to the date of the enactment of the Ending Secret Law Act (C) Unclassified summaries Notwithstanding subparagraph (B) and subject to subparagraph (D), if the Attorney General makes a determination that a decision may not be declassified and made available in a manner that protects the national security of the United States, including methods or sources related to national security, the Attorney General shall release an unclassified summary of such decision. (D) Unclassified report Notwithstanding subparagraphs (B) and (C), if the Attorney General makes a determination that any decision may not be declassified under subparagraph (B) and an unclassified summary of such decision may not be made available under subparagraph (C), the Attorney General shall make available to the public an unclassified report on the status of the internal deliberations and process regarding the declassification by personnel of Executive branch of such decisions. Such report shall include— (i) an estimate of the number of decisions that will be declassified at the end of such deliberations; and (ii) an estimate of the number of decisions that, through a determination by the Attorney General, shall remain classified to protect the national security of the United States. .

Ending Secret Law Act

Building upon Unique Indian Learning and Development Act - Directs the Secretary of the Interior to establish an in-school facility innovation program contest to encourage institutions of higher education (IHEs) to solve the problem of how to improve Indian school facilities for problem-based learning. Requires the Secretary of Education (Secretary) and the Secretary of the Interior to establish a Department of the Interior and Department of Education Joint Oversight Board to coordinate Indian education policies and assistance. Amends part A (Indian Education) of title VII (Indian, Native Hawaiian, and Alaska Native Education) of the Elementary and Secondary Education Act of 1965 (ESEA) to establish a program awarding grants to local educational agencies (LEAs), IHEs, or nonprofit organizations to create or expand teacher and administrator pipelines for teachers and administrators of Native American students. Amends the school improvement program, under part A of title I of the ESEA, to require states to develop standards-based assessments and classroom lessons that accommodate diverse learning styles. Directs: (1) the Secretary to expand programs for Native American school children to support learning in the children's Native language and culture and provide English language instruction, and (2) the Comptroller General to conduct research on culture- and language-based education to identify the factors that improve education and health outcomes. Excepts Native language teachers from the requirement that teachers be highly qualified. Requires states, in collaboration with Indian tribes or Tribal Colleges and Universities, to develop an alternative licensure or certification process for those teachers. Directs the Commissioner of the Administration for Native Americans in the Department of Health and Human Services (HHS) to establish a program providing grants to public and nonprofit private agencies to assist Native Americans in ensuring the survival and continuing vitality of Native American languages. Requires Department of Education assistance programs for elementary and secondary schools or early learning programs to reserve at least 0.5% of their funding for Indian elementary and secondary schools or early learning programs. Requires the Secretary to: (1) establish a program to improve school environments and student skill development for healthy choices for Native American students, (2) establish a program for school dropout prevention for Native American students, and (3) collaborate with the Secretary of Agriculture (USDA) to establish tribal-school specific school gardens and nutrition programs that are within the tribal cultural context. Authorizes and appropriates additional funds for the Impact Aid program, under title VIII of the ESEA, through FY2016. (The Impact Aid program compensates LEAs for the financial burden of federal activities affecting their school districts.) Authorizes appropriations for FY2014, for use through FY2015, for: (1) the tribally controlled postsecondary career and technical institutions program under the Tribally Controlled Colleges and Universities Assistance Act of 1978; (2) the Institute of American Indian and Alaska Native Culture and Arts Development; (3) institutional operations grants for the Haskell Indian Nations University and Southwestern Indian Polytechnic Institute under the Snyder Act; and (4) scholarships and adult education and special higher education scholarships under the Snyder Act.

To strengthen Indian education, and for other purposes. 1. Short title This Act may be cited as the Building upon Unique Indian Learning and Development Act 2. In-school facility innovation program contest (a) In general The Secretary of the Interior shall— (1) establish an in-school facility innovation program contest in which institutions of higher education, including Tribal Colleges and Universities (as defined in section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c (2) establish an advisory group for the contest described in paragraph (1) that shall include students enrolled at a Tribal College or University, a representative from the Bureau of Indian Education, and engineering and fiscal advisors. (b) Submission of finalists to the Indian Affairs Committee The Secretary of the Interior shall submit the finalists to the Committee on Indian Affairs of the Senate. (c) Winners The Secretary of the Interior shall— (1) determine the winners of the program contest conducted under this section; and (2) award the winners appropriate recognition and reward. 3. Department of the Interior and Department of Education Joint Oversight Board (a) In general The Secretary of Education and the Secretary of the Interior shall jointly establish a Department of the Interior and Department of Education Joint Oversight Board, that shall— (1) be co-chaired by both Departments; and (2) coordinate technical assistance, resource distribution, and capacity building between the 2 departments on the education of and for Native American students. (b) Information To be shared The Joint Oversight Board shall facilitate the communication, collaboration, and coordination between the 2 departments of education policies, access to and eligibility for Federal resources, and budget and school leadership development, and other issues, as appropriate. 4. Improve support for teachers and administrators of native american students Subpart 2 of part A of title VII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7441 et seq. 7123. Teacher and administrator pipeline for teachers and administrators of native american students (a) Grants authorized The Secretary shall award grants to eligible entities to enable such entities to create or expand a teacher or administrator, or both, pipeline for teachers and administrators of Native American students. (b) Eligible entity In this section, the term eligible entity (1) a local educational agency; (2) an institution of higher education; (3) a Tribal College or University (as defined in section 316 of the Higher Education Act of 1965); or (4) a nonprofit organization. (c) Priority In awarding grants under this section, the Secretary shall give priority to Tribal Colleges and Universities (as defined in section 316 of the Higher Education Act of 1965). (d) Activities An eligible entity that receives a grant under this section shall create a program that shall prepare, recruit, and provide continuing education for teachers and administrators of Native American students, in particular for teachers of— (1) science, technology, engineering, and mathematics; (2) subjects that lead to health professions; and (3) green skills and middle skills (e) Incentives for teachers and administrators An eligible entity that receives a grant under this section may provide incentives to teachers and principals who make a commitment to serve high-need, high-poverty, tribal schools, including in the form of scholarships, loan forgiveness, incentive pay, or housing allowances. (f) School and community orientation An eligible entity that receives a grant under this section shall develop an evidence-based, culturally based school and community orientation for new teachers and administrators of Native American students. . 5. Native American student support (a) Standards-Based assessments Section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(3) (E) Standards-based education assessments Notwithstanding any other provision of this Act, a State, in consultation with Indian tribes or Tribal Colleges and Universities, shall develop standards-based education assessments and classroom lessons to accommodate diverse learning styles, which assessments may be used by the State in place of the general assessments described in subparagraph (A). . (b) Support The Secretary of Education shall expand programs for Native American school children— (1) to provide support for learning in the children's Native language and culture; and (2) to provide English language instruction. (c) Research The Comptroller General of the United States shall conduct research on culture- and language-based education to identify the factors that improve education and health outcomes. (d) Native language teaching Section 1119 of the Elementary and Secondary Education Act of 1965 20 U.S.C. 6319 (m) Qualifications for Native language teachers (1) In general Notwithstanding any other provision of law, the requirements of subsection (a) for local educational agencies and States with respect to highly qualified teachers, shall not apply to a teacher of a Native language. (2) Alternative licensure or certification Each State educational agency receiving assistance under this part shall, through collaboration with Indian tribes or Tribal Colleges and Universities, as appropriate, develop a licensure or certification process for teachers of a Native language. . (e) Grant program To ensure the survival and continuing vitality of native american languages (1) Definitions In this subsection: (A) Commissioner The term Commissioner (B) Eligible entity The term eligible entity 42 U.S.C. 2991b(a) (2) Establishment of grant program The Commissioner shall establish a program to provide eligible entities with grants for the purpose of assisting Native Americans to ensure the survival and continuing vitality of Native American languages. (3) Use of amounts (A) In general An eligible entity may use amounts received under this subsection to carry out activities that ensure the survival and continuing vitality of Native American languages, including— (i) the establishment and support of community Native American language projects designed to bring older and younger Native Americans together to facilitate and encourage the transfer of Native American language skills from one generation to another; (ii) the establishment of projects that train Native Americans to— (I) teach a Native American language to others; or (II) serve as interpreters or translators of a Native American language; (iii) the development, printing, and dissemination of materials to be used for the teaching and enhancement of a Native American language; (iv) the establishment or support of a project to train Native Americans to produce or participate in television or radio programs to be broadcast in a Native American language; (v) the compilation, transcription, and analysis of oral testimony to record and preserve a Native American language; (vi) the purchase of equipment, including audio and video recording equipment, computers, and software, required to carry out a Native American language project; and (vii) (I) the establishment of Native American language nests, which are site-based educational programs that— (aa) provide instruction and child care through the use of a Native American language for at least 10 children under the age of 7 for an average of at least 500 hours per year per student; (bb) provide classes in a Native American language for parents (or legal guardians) of students enrolled in a Native American language nest (including Native American language-speaking parents); and (cc) ensure that a Native American language is the dominant medium of instruction in the Native American language nest; (II) the establishment of Native American language survival schools, which are site-based educational programs for school-age students that— (aa) provide an average of at least 500 hours of instruction through the use of 1 or more Native American languages for at least 15 students for whom a Native American language survival school is the principal place of instruction; (bb) develop instructional courses and materials for learning Native American languages and for instruction through the use of Native American languages; (cc) provide for teacher training; (dd) work toward a goal of all students achieving— (AA) fluency in a Native American language; and (BB) academic proficiency in mathematics, reading (or language arts), and science; and (ee) are located in areas that have high numbers or percentages of Native American students; and (III) the establishment of Native American language restoration programs, which are educational programs that— (aa) operate at least 1 Native American language program for the community that the educational program serves; (bb) provide training programs for teachers of Native American languages; (cc) develop instructional materials for the Native American language restoration programs; (dd) work toward a goal of increasing proficiency and fluency in at least 1 Native American language; and (ee) provide instruction in at least 1 Native American language. (B) Native American language restoration programs An eligible entity carrying out a program described in subparagraph (A)(vii)(III) may use amounts made available under this section to carry out— (i) Native American language programs, including— (I) Native American language immersion programs; (II) Native American language and culture camps; (III) Native American language programs provided in coordination and cooperation with educational entities; (IV) Native American language programs provided in coordination and cooperation with institutions of higher education with expertise in the relevant Native language, particularly Tribal Colleges and Universities (as defined in section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c (V) Native American language programs that use a master-apprentice model of learning languages; and (VI) Native American language programs provided through a regional program to better serve geographically dispersed students; (ii) Native American language teacher training programs, including— (I) training programs in Native American language translation for fluent speakers; (II) training programs for Native American language teachers; (III) training programs for teachers in the use of Native American language materials, tools, and interactive media to teach Native American language; and (iii) the development of Native American language materials, including books, audio and visual tools, and interactive media programs. (4) Applications (A) In general Subject to subparagraph (B), in awarding a grant under this subsection, the Commissioner shall select applicants from among eligible entities on the basis of applications submitted to the Commissioner at such time, in such form, and containing such information as the Commissioner requires. (B) Requirements An application under subparagraph (A) shall include, at a minimum— (i) a detailed description of the current status of the Native American language to be addressed by the project for which a grant is requested, including a description of existing programs and projects, if any, in support of that language; (ii) a detailed description of the project for which the grant is requested; (iii) a statement that the objectives of the project are in accordance with the purposes of this subsection; (iv) a detailed description of the plan of the applicant to evaluate the project; (v) if appropriate, an identification of opportunities for the replication or modification of the project for use by other Native Americans; (vi) a plan for the preservation of the products of the Native American language project for the benefit of future generations of Native Americans and other interested persons; and (vii) in the case of an application for a grant to carry out any purpose specified in paragraph (3)(A)(vii)(III), a certification by the applicant that the applicant has not less than 3 years of experience in operating and administering a Native American language survival school, a Native American language nest, or any other educational program in which instruction is conducted in a Native American language. (C) Participating organizations If an applicant determines that the objectives of a proposed Native American language project would be accomplished more effectively through a partnership with an educational entity, the applicant shall identify the educational entity as a participating organization in the application. (5) Limitations on funding (A) Federal share The Federal share of the total cost of a program under this subsection shall not exceed 80 percent. (B) Non-Federal share (i) In general The non-Federal share of the cost of a program under this subsection may be provided in cash or fairly evaluated in-kind contributions, including facilities, equipment, or services. (ii) Source of non-Federal share The non-Federal share— (I) may be provided from any private or non-Federal source; and (II) may include amounts (including interest) distributed to an Indian tribe— (aa) by the Federal Government pursuant to the satisfaction of a claim made under Federal law; (bb) from amounts collected and administered by the Federal Government on behalf of an Indian tribe or the members of an Indian tribe; or (cc) by the Federal Government for general tribal administration or tribal development under a formula or subject to a tribal budgeting priority system, including— (AA) amounts involved in the settlement of land or other judgment claims; (BB) severance or other royalty payments; or (CC) payments under the Indian Self-Determination Act ( 25 U.S.C. 450f et seq. (C) Duration (i) In general Subject to clause (ii), the Commissioner may make grants made under this subsection on a 1-year, 2-year, or 3-year basis. (ii) Native American language restoration program The Commissioner shall only make a grant available under paragraph (3)(A)(vii)(III) on a 3-year basis. (6) Administration (A) Expert panel (i) In general Not later than 180 days after date of enactment of this subsection, the Commissioner shall appoint a panel of experts for the purpose of assisting the Commissioner to review— (I) applications submitted under paragraph (4); (II) evaluations carried out to comply with paragraph (4)(B)(iv); and (III) the preservation of products required by paragraph (4)(B)(vi). (ii) Composition (I) In general The panel shall include— (aa) a designee of the Institute of American Indian and Alaska Native Culture and Arts Development; (bb) representatives of national, tribal, and regional organizations that focus on Native American language or Native American cultural research, development, or training; and (cc) other individuals who are recognized as experts in the area of Native American language. (II) Recommendations The Commissioner shall solicit recommendations for appointments to the panel from Indian tribes and tribal organizations. (iii) Duties The duties of the panel shall include— (I) making recommendations regarding the development and implementation of regulations, policies, procedures, and rules of general applicability with respect to the administration of this subsection; (II) reviewing applications received under paragraph (4); (III) providing to the Commissioner a list of recommendations for the approval of applications in accordance with— (aa) regulations issued by the Secretary of Health and Human Services; and (bb) the relative need for the project; and (IV) reviewing evaluations submitted to comply with paragraph (4)(B)(iv). (B) Products generated by projects (i) In general Subject to clause (ii), for preservation and use in accordance with the responsibilities of the respective organization under Federal law, a copy of any product of a Native American language project for which a grant is made under this subsection— (I) shall be transmitted— (aa) to the Institute of American Indian and Alaska Native Culture and Arts Development; and (bb) to the Tribal Colleges or Universities where the language addressed in the grant program is inherent; and (II) may be transmitted, at the discretion of the grantee, to national and regional repositories of similar material. (ii) Exemption (I) In general In accordance with the Federal recognition of the sovereign authority of each Indian tribe over all aspects of the culture and language of that Indian tribe and subject to subclause (II), an Indian tribe may make a determination— (aa) not to transmit a copy of a product under clause (i); (bb) not to permit the redistribution of a copy of a product transmitted under clause (i); or (cc) to restrict in any manner the use or redistribution of a copy of a product transmitted under clause (i). (II) Restrictions Subclause (I) does not authorize an Indian tribe— (aa) to limit the access of the Commissioner to a product described in clause (i) for purposes of administering this subsection or evaluating the product; or (bb) to sell a product described in clause (i), or a copy of that product, for profit to the entities referred to in clause (i). (7) Authorization of appropriations There are authorized to be appropriated to carry out this subsection such sums as are necessary for each of fiscal years 2014 through 2019. (f) Conforming amendments (1) In general Section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 (2) Authorization of appropriations Section 816 of the Native American Programs Act of 1974 ( 42 U.S.C. 2992d (A) in subsection (a), by striking sections 803(d), 803A, 803C, 804, subsection (e) of this section sections 803(d), 803A, and 804, subsection (d) (B) in subsection (b), by striking other than sections 803(d), 803A, 803C, 804, subsection (e) of this section sections 803(d), 803A, and 804, subsection (d) (C) by striking subsection (e). 6. Increased access to resources for tribal schools, schools served by the Bureau of Indian Education, and Native American students (a) Reservation for Bureau-Funded Schools and Programs and Schools Operated by a Tribe or Tribal Organization (1) In General The Secretary of Education shall ensure that any program administered by the Department of Education that awards grants, contracts, or other assistance to benefit elementary schools and secondary schools (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (A) Bureau-funded schools (as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)). (B) Prekindergarten programs or early childhood programs or services operated by a tribe or Indian organization (as defined in such section). (C) Elementary schools or secondary schools operated by a tribe or Indian organization (as defined in such section). (2) Amount of Reservation (A) Existing Reservation of Funds In the case of a grant, contract, or assistance program provided by the Department of Education to benefit elementary schools and secondary schools (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (i) if the existing reservation of funds is for an amount that is less than 0.5 percent, the amount of such reservation shall be increased to 0.5 percent; and (ii) if the existing reservation of funds is for an amount that is equal to or greater than 0.5 percent, the amount of such reservation shall be maintained. (B) No Existing Reservation of Funds In the case of a grant, contract, or assistance program provided by the Department of Education to benefit elementary schools and secondary schools (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (3) Use of Reserved Funds Funds reserved under this section shall be used in accordance with the uses of funds described for each particular grant, contract, or assistance program. In addition to program support, such reserved funds may be used, in an amount determined by the Secretary of Education, for technical assistance or capacity building to ensure that the schools or programs described in paragraph (1) are provided the assistance to compete for such grants, contracts, or other assistance. (4) Effect on Other Laws The Secretary of Education shall carry out this subsection notwithstanding any other provision of law. (b) Safe and healthy schools for Native American students Subpart 2 of part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7131 et seq.) is amended by adding at the end the following: 4131. Safe and healthy schools for Native American students From funds made available to carry out this subpart, the Secretary shall— (1) establish a program to improve school environments and student skill development for healthy choices for Native American students, including— (A) prevention regarding— (i) alcohol and drug misuse; (ii) suicide; (iii) violence; (iv) pregnancy; and (v) obesity; (B) nutritious eating programs; and (C) anger and conflict management programs; (2) establish a program for school dropout prevention for Native American students; and (3) collaborate with the Secretary of Agriculture to establish tribal-school specific school gardens and nutrition programs that are within the tribal cultural context. . 7. Funds for Impact Aid In addition to amounts otherwise appropriated to carry out title VIII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7701 et seq. (1) $750,000,000 for fiscal year 2014. (2) $750,000,000 for fiscal year 2015. (3) $750,000,000 for fiscal year 2016. 8. Forward Funding for Tribal Colleges For carrying out the following programs, there are authorized to be appropriated $91,087,500 for fiscal year 2014 which shall become available on July 1, 2014, and shall remain available through September 30, 2015: (1) Programs under title V of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1861 et seq. (2) The Institute of American Indian and Alaska Native Culture and Arts Development established under the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act ( 20 U.S.C. 4401 et seq. (3) Institutional operations grants for the Haskell Indian Nations University and Southwestern Indian Polytechnic Institute under the authority of the Act of November 2, 1921 ( 25 U.S.C. 13 (4) Scholarships and adult education and special higher education scholarships under the authority of the Act of November 2, 1921 ( 25 U.S.C. 13 9. Definition of Tribal School (a) ESEA Definition Section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (44) Tribal School The term tribal school (A) a school that is a Bureau-funded school, as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 (B) a prekindergarten program, early childhood program or service, or elementary school or secondary school, operated by an Indian tribe or tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)); (C) a school that is located on Indian lands (as defined in section 8013); or (D) a school in which a predominance of the students who attend the school are Native American or Alaska Native students, as determined by the Secretary. . (b) Definition for this Act In this Act, the term tribal school 20 U.S.C. 7801

Building upon Unique Indian Learning and Development Act

Lumbee Recognition Act - Extends federal recognition to the Lumbee Tribe of North Carolina, which makes its members eligible for the services and benefits provided to Indians because of their status as members of a federally recognized tribe. Deems members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland Counties in North Carolina to be within the delivery area for such services. Authorizes the Secretary of the Interior to take land into trust for the Tribe. Prohibits the Tribe from conducting gaming activities. Requires North Carolina to exercise jurisdiction over all criminal offenses committed, and all civil actions that arise, on North Carolina lands owned by, or held in trust for, the Lumbee Tribe or any dependent Indian community of the Tribe.

To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes. 1. Short title This Act may be cited as the Lumbee Recognition Act 2. Preamble The preamble to the Act of June 7, 1956 (70 Stat. 254), is amended as follows: (1) By striking and (2) By striking : Now, therefore, (3) By adding at the end the following new clauses: 3. Federal recognition The Act of June 7, 1956 (70 Stat. 254), is amended as follows: (1) By striking the last sentence of the first section. (2) By striking section 2 and inserting the following new sections: 2. (a) Federal recognition is hereby extended to the Lumbee Tribe of North Carolina, as designated as petitioner number 65 by the Office of Federal Acknowledgment. All laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Lumbee Tribe of North Carolina and its members. (b) Notwithstanding the first section, any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Lumbee Tribe of North Carolina as determined under section 3(c), may petition under part 83 of title 25 of the Code of Federal Regulations for acknowledgment of tribal existence. 3. (a) The Lumbee Tribe of North Carolina and its members shall be eligible for all services and benefits provided to Indians because of their status as members of a federally recognized tribe. For the purposes of the delivery of such services, those members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be deemed to be residing on or near an Indian reservation. (b) Upon verification by the Secretary of the Interior of a tribal roll under subsection (c), the Secretary of the Interior and the Secretary of Health and Human Services shall develop, in consultation with the Lumbee Tribe of North Carolina, a determination of needs to provide the services to which members of the Tribe are eligible. The Secretary of the Interior and the Secretary of Health and Human Services shall each submit a written statement of such needs to Congress after the tribal roll is verified. (c) For purposes of the delivery of Federal services, the tribal roll in effect on the date of the enactment of this section shall, subject to verification by the Secretary of the Interior, define the service population of the Tribe. The Secretary’s verification shall be limited to confirming compliance with the membership criteria set out in the Tribe’s constitution adopted on November 16, 2001, which verification shall be completed within 2 years after the date of the enactment of this section. 4. (a) The Secretary may take land into trust for the Lumbee Tribe pursuant to this Act. An application to take land located within Robeson County, North Carolina, into trust under this section shall be treated by the Secretary as an on reservation (b) The tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. 5. (a) The State of North Carolina shall exercise jurisdiction over— (1) all criminal offenses that are committed on; and (2) all civil actions that arise on, lands located within the State of North Carolina that are owned by, or held in trust by the United States for, the Lumbee Tribe of North Carolina, or any dependent Indian community of the Lumbee Tribe of North Carolina. (b) The Secretary of the Interior is authorized to accept on behalf of the United States, after consulting with the Attorney General of the United States, any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in subsection (a) pursuant to an agreement between the Lumbee Tribe and the State of North Carolina. Such transfer of jurisdiction may not take effect until 2 years after the effective date of the agreement. (c) The provisions of this section shall not affect the application of section 109 of the Indian Child Welfare Act of 1978 ( 25 U.S.C. 1919 6. There are authorized to be appropriated such sums as are necessary to carry out this Act. .

Lumbee Recognition Act

New Markets Tax Credit Extension Act of 2013 - Amends the Internal Revenue Code to: (1) make permanent the new markets tax credit, (2) provide for an inflation adjustment to the limitation amount for such credit after 2013, and (3) allow an offset against the alternative minimum tax (AMT) for such credit (determined with respect to qualified equity investments initially made before January 1, 2014).

To amend the Internal Revenue Code of 1986 to permanently extend the new markets tax credit, and for other purposes. 1. Short title This Act may be cited as the New Markets Tax Credit Extension Act of 2013 2. Permanent extension of new markets tax credit (a) Extension (1) In general Subparagraph (G) of section 45D(f)(1) of the Internal Revenue Code of 1986 is amended by striking , 2011, 2012, and 2013 and each calendar year thereafter (2) Conforming amendment Section 45D(f)(3) of such Code is amended by striking the last sentence. (b) Inflation adjustment Subsection (f) of section 45D of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Inflation adjustment (A) In general In the case of any calendar year beginning after 2013, the dollar amount in paragraph (1)(G) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting calendar year 2000 calendar year 1992 (B) Rounding rule Any increase under subparagraph (A) which is not a multiple of $1,000,000 shall be rounded to the nearest multiple of $1,000,000. . (c) Alternative minimum tax relief Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended— (1) by redesignating clauses (v) through (ix) as clauses (vi) through (x), respectively, and (2) by inserting after clause (iv) the following new clause: (v) the credit determined under section 45D, but only with respect to credits determined with respect to qualified equity investments (as defined in section 45D(b)) initially made before January 1, 2014, . (d) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Alternative minimum tax relief The amendments made by subsection (c) shall apply to credits determined with respect to qualified equity investments (as defined in section 45D(b)

New Markets Tax Credit Extension Act of 2013

Enrolled Agents Credential Act - Amends the Internal Revenue Code to authorize the Secretary of the Treasury to prescribe regulations to regulate the conduct of enrolled agents in their practice before the Internal Revenue Service (IRS). Allows properly licensed enrolled agents to use the credentials or designation as "enrolled agent," "EA," or "E.A."

To amend the Internal Revenue Code of 1986 to issue regulations covering the practice of enrolled agents before the Internal Revenue Service. 1. Short title This Act may be cited as the Enrolled Agents Credential Act 2. Enrolled agents (a) In general Chapter 77 7529. Enrolled agents (a) In general The Secretary may prescribe such regulations as may be necessary to regulate the conduct of enrolled agents in regards to their practice before the Internal Revenue Service. (b) Use of credentials Any enrolled agents properly licensed to practice as required under rules promulgated under subsection (a) shall be allowed to use the credentials or designation as enrolled agent EA E.A. . (b) Clerical amendment The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: Sec. 7529. Enrolled agents. . (c) Prior regulations Nothing in the amendments made by this section shall be construed to have any effect on part 10 of title 31, Code of Federal Regulations, or any other related Federal rule or regulation issued before the date of the enactment of this Act.

Enrolled Agents Credential Act

Fracturing Responsibility and Awareness of Chemicals Act or FRAC Act - Amends the Safe Drinking Water Act to repeal the exemption from restrictions on underground injection of fluids or propping agents granted to hydraulic fracturing operations relating to oil and natural gas production activities under such Act. Amends the Safe Drinking Water Act to allow the Administrator of the Environmental Protection Agency (EPA) to prescribe regulations that authorize a state, one year after such regulations are promulgated, to seek primary enforcement responsibility for hydraulic fracturing operations for oil and natural gas without seeking to assume primary enforcement responsibility for other types of underground injection control wells, including underground injection control wells that inject brine or other fluids that are brought to the surface in connection with oil and natural gas production or any underground injection for the secondary or tertiary recovery of oil or natural gas. Requires: (1) state underground injection programs to direct a person conducting hydraulic fracturing operations to disclose to the state (or the Administrator if the Administrator has primary enforcement responsibility in such state) the chemicals and proppants intended for use in underground injections before the commencement of such operations and the chemicals actually used after the end of such operations; and (2) a state or the Administrator to ensure the accuracy and completeness of the disclosed information and make it available to the public. Requires the applicable person using hydraulic fracturing, when a medical emergency exists and the proprietary chemical formula of a chemical used in such hydraulic fracturing is necessary for medical diagnosis, treatment, or emergency response to disclose such formula or the specific chemical identity of a trade secret chemical to the state, the Administrator, a first responder, or healthcare practitioner upon request, regardless of the existence of a written statement of need or a confidentiality agreement. Authorizes such person to require the execution of such statement and agreement as soon as practicable. Authorizes first responders or healthcare practitioners to share any information disclosed with other persons if the information is medically necessary, but prohibits such personnel from making such information publicly available.

To amend the Safe Drinking Water Act to repeal a certain exemption for hydraulic fracturing, and for other purposes. 1. Short title This Act may be cited as the Fracturing Responsibility and Awareness of Chemicals Act FRAC Act 2. Regulation of hydraulic fracturing (a) Underground injection Section 1421(d) of the Safe Drinking Water Act ( 42 U.S.C. 300h(d) (1) Underground injection (A) In general The term underground injection (B) Inclusion The term underground injection (C) Exclusion The term underground injection . (b) State primary enforcement relating to hydraulic fracturing operations Section 1422 of the Safe Drinking Water Act ( 42 U.S.C. 300h–1 (f) Hydraulic fracturing operations (1) In general Consistent with such regulations as the Administrator may prescribe, a State may seek primary enforcement responsibility for hydraulic fracturing operations for oil and natural gas without seeking to assume primary enforcement responsibility for other types of underground injection control wells, including underground injection control wells that inject brine or other fluids that are brought to the surface in connection with oil and natural gas production or any underground injection for the secondary or tertiary recovery of oil or natural gas. (2) Administration (A) In general Paragraph (1) shall not apply until the date that is 1 year after the date on which the Administrator publishes in the Federal Register any regulations promulgated under that paragraph. (B) Effect on Administrator Nothing in this subsection affects the authority of the Administrator to approve State programs that assume primary enforcement responsibility for only certain types of underground injection control wells. . (c) Disclosure Section 1421(b) of the Safe Drinking Water Act ( 42 U.S.C. 300h(b) (4) Disclosures of chemical constituents (A) In general A person conducting hydraulic fracturing operations shall disclose to the State (or to the Administrator, in any case in which the Administrator has primary enforcement responsibility in a State), by not later than such deadlines as shall be established by the State (or the Administrator)— (i) before the commencement of any hydraulic fracturing operations at any lease area or a portion of a lease area, a list of chemicals and proppants intended for use in any underground injection during the operations (including identification of the chemical constituents of mixtures, Chemical Abstracts Service numbers for each chemical and constituent, material safety data sheets if available, and the anticipated amount of each chemical to be used); and (ii) after the completion of hydraulic fracturing operations described in clause (i), the list of chemicals and proppants used in each underground injection during the operations (including identification of the chemical constituents of mixtures, Chemical Abstracts Service numbers for each chemical and constituent, material safety data sheets if available, and the amount of each chemical used). (B) Public availability The State or the Administrator, as applicable, shall— (i) ensure the accuracy and completeness of the information required under subparagraph (A); and (ii) make available to the public the information contained in each disclosure required under subparagraph (A), including by posting the information on a single, searchable Internet website such that all the information disclosed to the State or Administrator, as applicable, under that subparagraph is contained on the same Internet website. (C) Immediate disclosure in case of medical need or emergency (i) In general Subject to clause (ii), the regulations promulgated pursuant to subsection (a) shall require that, in any case in which the State or the Administrator, as applicable, a first responder, or healthcare practitioner determines that the proprietary chemical formula or specific chemical identity of a trade-secret chemical used in hydraulic fracturing is necessary for medical diagnosis, treatment, or emergency response, the applicable person using hydraulic fracturing shall, upon request, immediately disclose to the State, the Administrator, first responder, or healthcare practitioner the proprietary chemical formula or specific chemical identity of a trade-secret chemical, regardless of the existence of— (I) a written statement of need; or (II) a confidentiality agreement. (ii) Requirement A person using hydraulic fracturing that makes a disclosure required under clause (i) may require the execution of a written statement of need and a confidentiality agreement as soon as practicable after the determination by the State, Administrator, first responder, or healthcare practitioner, as applicable, under that clause. (iii) Professional necessity (I) In general Subject to subclause (II), a first responder or healthcare practitioner may share any information disclosed under clause (i) with other persons if the information is medically necessary. (II) Restriction A first responder or healthcare practitioner described in subclause (I) shall not make publicly available any information disclosed under clause (i). (D) No public disclosure required Nothing in subparagraph (A), (B), or (C) authorizes a State or the Administrator to publicly disclose any proprietary chemical formula. .

FRAC Act

Nicaraguan Tariff Preference Level Extension Act of 2013 - Directs the President to proclaim an extension through December 31, 2024, of the preferential tariff treatment provided certain apparel goods imported into the United States from Nicaragua.

To authorize the extension of preferential tariff treatment for certain textile goods imported from Nicaragua. 1. Short title This Act may be cited as the Nicaraguan Tariff Preference Level Extension Act of 2013 2. Extension of tariff preference level program for Nicaragua (a) In general The President shall proclaim an extension until December 31, 2024, of the preferential tariff treatment for apparel goods imported from Nicaragua— (1) described in U.S. Note 15 to subchapter XV of chapter 99 of the Harmonized Tariff Schedule of the United States; and (2) provided for under Annex 3.28 of the Dominican Republic–Central America–United States Free Trade Agreement and the letters described in subparagraphs (A) and (B) of section 1634(a)(2) of the Miscellaneous Trade and Technical Corrections Act of 2006 (title XIV of Public Law 109–280 (b) Limitation on application of one-for-One purchasing rule for cotton woven trousers The limitation specified in clause (iv) of paragraph (7)(b) of the letter described in section 1634(a)(2)(A) of the Miscellaneous Trade and Technical Corrections Act of 2006 shall apply with respect to the one-for-one purchasing rule described in paragraph (7)(b) of that letter in each year after the extension pursuant to subsection (a) of the preferential tariff treatment described in that subsection. (c) Amendment to Miscellaneous Trade and Technical Corrections Act of 2006 Section 1634(c) of the Miscellaneous Trade and Technical Corrections Act of 2006 is amended— (1) in paragraph (1)— (A) by striking under Annex 3.28 of the Agreement under the Nicaraguan tariff preference level program (B) by striking provided in Annex 3.28 of the Agreement under the Nicaraguan tariff preference level program (2) in paragraph (2), by striking provided in Annex 3.28 of the Agreement under the Nicaraguan tariff preference level program (3) by adding at the end the following: (4) Nicaraguan tariff preference level program defined In this subsection, the term Nicaraguan tariff preference level program Nicaraguan Tariff Preference Level Extension Act of 2013 .

Nicaraguan Tariff Preference Level Extension Act of 2013

Ambulatory Surgical Center Quality and Access Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to require alignment of updates for ambulatory surgical center (ASC) services under a revised prospective payment system (PPS) with updates for hospital outpatient department (OPD) services. Revises requirements for the reporting and applying of quality measure data by ASCs and hospital OPDs. Directs the Secretary of Health and Human Services (HHS) to establish an ASC value-based purchasing program under which each ASC that the Secretary determines meets (or exceeds) performance standards established, with respect to selected quality measures, for the performance period for a calendar year is eligible for shared savings in the form of a payment increase determined according to a specified formula. Revises requirements for the composition of the expert outside advisory panel the Secretary is required to consult during the annual review of the clinical integrity of the groups and payment weights in the PPS for hospital OPD services. Requires the panel to include suppliers subject to the PPS as well as at least one ASC representative. Requires the Secretary, when excluding from a final rule updating ASC lists a procedure whose inclusion was requested during the public comment period, to cite in the final rule specific criteria based on which the procedure was excluded. Requires the Secretary also to identify the peer reviewed research or the evidence upon which the exclusion is based if certain of those criteria are cited for it. Prohibits the Secretary from using or citing as a criterion or a basis for an exclusion that the procedure can only be reported using a Current Procedural Terminology (CPT) unlisted surgical procedure code.

To amend title XVIII of the Social Security Act to modernize payments for ambulatory surgical centers under the Medicare program, and for other purposes. 1. Short title This Act may be cited as the Ambulatory Surgical Center Quality and Access Act of 2013 2. Aligning updates for ambulatory surgical center services with updates for OPD services Section 1833(i)(2)(D) of the Social Security Act ( 42 U.S.C. 13951(i)(2)(D) (1) by redesignating clause (vi) as clause (vii); (2) in the first sentence of clause (v), by inserting before the period the following: and, in the case of 2014 or a subsequent year, by the adjustment described in subsection (t)(3)(G) for the respective year (3) by inserting after clause (v) the following new clause: (vi) In implementing the system described in clause (i) for 2014 and each subsequent year, there shall be an annual update under such system for the year equal to the OPD fee schedule increase factor specified under subsection (t)(3)(C)(iv) for such year, adjusted in accordance with clauses (iv) and (v). . 3. Transparency of quality reports and application of value-based purchasing to ASCs (a) Quality measures Paragraph (7) of section 1833(i) of the Social Security Act ( 42 U.S.C. 1395l(i) (C) To the extent that quality measures implemented by the Secretary under this paragraph for ambulatory surgical centers and under section 1833(t)(17) for hospital outpatient departments are applicable to the provision of surgical services in both ambulatory surgical centers and hospital outpatient departments, the Secretary shall make reported data available on the website Medicare.gov (D) For each procedure covered for payment in an ambulatory surgical center, the Secretary shall publish, along with the quality reporting comparisons provided for in subparagraph (C), comparisons of the Medicare payment and beneficiary copayment amounts for the procedure when performed in ambulatory surgical centers and hospital outpatient departments in the same geographic area. (E) The Secretary shall ensure that an ambulatory surgery center and a hospital has the opportunity to review, and submit any corrections for, the data to be made public with respect to the ambulatory surgery center under subparagraph (C)(ii) prior to such data being made public. . (b) Ambulatory surgical center value-Based purchasing program Section 1833(i) of the Social Security Act ( 42 U.S.C. 1395l(i) (8) Value-based purchasing program (A) Establishment The Secretary shall establish an ambulatory surgical center value-based purchasing program (in this subsection referred to as the Program (B) Program start date The Program shall apply to payments for procedures occurring on or after January 1, 2015. (C) Measures (i) In general For purposes of the Program, the Secretary shall select measures from the measures specified under paragraph (7). (ii) Availability of measure and data The Secretary may not select a measure under this paragraph for use under the Program with respect to a performance period for a calendar year unless such measure has been included, and the reported data available, on the website Medicare.gov (iii) Measure not applicable unless ASC furnishes services appropriate to measure A measure selected under this paragraph for use under the Program shall not apply to an ambulatory surgical center if such center does not furnish services appropriate to such measure. (D) Performance standards (i) Establishment The Secretary shall establish performance standards with respect to measures selected under subparagraph (C)(i) for a performance period for a calendar year. (ii) Achievement and improvement The performance standards established under clause (i) shall include levels of achievement and improvement. (iii) Timing The Secretary shall establish and announce the performance standards under clause (i) not later than 60 days prior to the beginning of the performance period for the calendar year involved. (E) Performance period For purposes of the Program, the Secretary shall establish the performance period for a calendar year. Such performance period shall begin and end prior to the beginning of such calendar year. (F) ASC performance score The Secretary shall develop a methodology for assessing the total performance of each ambulatory surgery center based on performance standards with respect to the measures selected under subparagraph (C) for a performance period (as established under subparagraph (E)). Using such methodology, the Secretary shall provide for an assessment (in this subsection referred to as the ASC performance score (G) Appeals The Secretary shall establish a process by which ambulatory surgery centers may appeal the calculation of the ambulatory surgery center’s performance with respect to the performance standards established under subparagraph (D) and the ambulatory surgery center performance score under subparagraph (E). The Secretary shall ensure that such process provides for resolution of appeals in a timely manner. (H) Calculation of value-based incentive payment (i) Value-based percentage amount For purposes of subparagraph (A), the Secretary shall specify a value-based percentage amount for an ambulatory surgical center for a calendar year. (ii) Requirements In specifying the value-based percentage amount for each ambulatory surgical center for a calendar year under clause (i), the Secretary shall ensure that such percentage is based on— (I) the ASC performance score of the ambulatory surgery center under subparagraph (F); and (II) the amount of the total savings pool made available under subparagraph (I)(iii)(I) for such year. (I) Annual calculation of shared savings funding for value-based incentive payments (i) Determining bonus pool In each year of the Program, ambulatory surgery centers shall be eligible to receive payment for shared savings under the Program only if for such year the sum of— (I) the estimated amount of expenditures under this title for Medicare fee-for-service beneficiaries (as defined in section 1899(h)(3)) for surgical services for which payment is made under the payment system under paragraph (2), adjusted for beneficiary characteristics, and (II) the estimated amount of expenditures under this title for Medicare fee-for-service beneficiaries (as so defined) for the same surgical services for which payment is made under the prospective payment system under subsection (t), adjusted for beneficiary characteristics, is at least the percent specified by the Secretary below the applicable benchmark determined for such year under clause (ii). For purposes of this subparagraph, such sum shall be referred to as estimated expenditures (ii) Establish and update benchmark For purposes of clause (i), the Secretary shall calculate a benchmark for each year described in such clause equal to the product of— (I) estimated expenditures described in clause (i) for such year, and (II) the average annual growth in estimated expenditures for the most recent three years. Such benchmark shall be reset at the start of each calendar year, and adjusted for changes in enrollment under the Medicare fee-for-service program. (iii) Payments based on shared savings If the requirement under clause (i) is met for a year— (I) 50 percent of the total savings pool estimated under clause (iv) for such year shall be made available for shared savings to be paid to ambulatory surgical centers under this paragraph; (II) a percent (as determined appropriate by the Secretary, in accordance with subparagraph (H)) of such amount made available for such year shall be paid as shared savings to each ambulatory surgery center that is determined under the Program to have met or exceeded performance scores for such year; and (III) all funds made available under subclause (I) for such year shall be used and paid as sharing savings for such year in accordance with subclause (II). (iv) Estimate of the total savings pool For purposes of clause (iii), the Secretary shall estimate for each year of the Program the total savings pool as the product of— (I) the conversion factor for such year determined by the Secretary under the payment system under paragraph (2)(D) divided by the conversion factor calculated under subsection (t)(3)(C) for such year for covered OPD services, multiplied by 100, and (II) (aa) the product of the estimated Medicare expenditures for surgical services described in clause (i)(I) furnished during such year to Medicare fee-for-service beneficiaries (as defined in section 1899(h)(3)) for which payment is made under subsection (t) and the average annual growth in the estimated Medicare expenditures for such services furnished to Medicare fee-for-service beneficiaries (as so defined) for which payment is made under subsection (t) in the most recent available 3 years, less (bb) the estimated Medicare expenditures for surgical services described in clause (i)(I) furnished to Medicare fee-for-service beneficiaries for which payment was made under subsection (t) in the most recent year. (J) No effect in subsequent calendar years The value-based percentage amount under subparagraph (H) and the percent determined under subparagraph (I)(iii)(I) shall apply only with respect to the calendar year involved, and the Secretary shall not take into account such amount or percentage in making payments to an ambulatory surgery center under this section in a subsequent calendar year. . 4. Advisory Panel on Hospital Outpatient Payment Representation (a) ASC representative The second sentence of section 1833(t)(9)(A) of the Social Security Act ( 42 U.S.C. 1395l(t)(9)(A) and suppliers subject to the prospective payment system (including at least one ambulatory surgical center representative) an appropriate selection of representatives of providers (b) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. 5. Reasons for excluding additional procedures from ASC approved list (a) In general Section 1833(i)(1) of the Social Security Act ( 42 U.S.C. 1395l(i)(1) In updating such lists for application in years beginning after the date of the enactment of this sentence, for each procedure that was requested to be included in such lists during the public comment period but which the Secretary does not propose (in the final rule updating such lists) to so include in such lists, Secretary shall cite in such final rule the specific criteria in paragraph (b) or (c) of section 416.166 (b) Effective date The amendment made by subsection (a) shall apply to lists of ambulatory surgery procedures for application in years beginning after the date of the enactment of this Act.

Ambulatory Surgical Center Quality and Access Act of 2013

Amends the Hudson Valley National Heritage Area Act of 1996 to extend through FY2022 the authority of the Secretary of the Interior to make grants or provide assistance for the Hudson River Valley National Heritage Area in New York.

To reauthorize the Hudson River Valley National Heritage Area. 1. Reauthorization of Hudson River Valley National Heritage Area Section 910 of the Hudson River Valley National Heritage Area Act of 1996 ( 16 U.S.C. 461 Public Law 104–333 2013 2022

A bill to reauthorize the Hudson River Valley National Heritage Area.

Hudson River Valley Special Resource Study Act - Directs the Secretary of the Interior to conduct a study of the Hudson River Valley in the state of New York to evaluate: (1) the national significance of the part of the Hudson River that flows from Rodgers Island at Fort Edward to the southernmost boundary of Westchester County, New York (the study area); and (2) the suitability and feasibility of designating the study area as a unit of the National Park System.

To authorize the Secretary of the Interior to conduct a special resource study of the Hudson River Valley, New York. 1. Short title This Act may be cited as the Hudson River Valley Special Resource Study Act 2. Definitions In this Act: (1) Secretary The term Secretary (2) Study area (A) In general The term study area (B) Inclusion The term study area 3. Findings Congress finds that— (1) the Hudson River Valley possesses nationally significant and unique cultural, historical, natural, recreational, and scenic resources; (2) the Hudson River Valley is home to a robust and growing tourism and recreation industry that is an important component of the regional economy; (3) throughout history, the Hudson River Valley has played a crucial role in the development of the United States, starting from the vibrant Native American communities that first inhabited the land, to the voyage of Henry Hudson up the river later named for Hudson in the vessel Half Moon in 1609 and later with the American Revolution, the debate on our Constitution, the first successful steamboat voyage by Robert Fulton in 1807, the Industrial Revolution, the establishment of the Erie Canal and growth of metropolitan New York, and the inception of the modern labor and environmental movements; (4) the Hudson River Valley gave birth to important movements in the art, architecture, and literature of the United States; (5) the Hudson River Valley encompasses a rich array of sensitive natural resources ranging from the Hudson River and the vast estuarine district of the Hudson River, to the wetlands, refuges, parks, forests, farmlands, preserves, cliffs, valleys, and wildlife of the Hudson River; (6) the depictions and descriptions of the renowned scenery and natural resources of the Hudson River Valley played a central role in the recognition of the value of the landscape and the development of the esthetic and environmental ideal of the United States; (7) a 1996 National Park Service study described the Hudson River Valley as the landscape that defined America (8) the Hudson River Valley has been the subject of multiple State and Federal inventories, studies, and plans that should greatly assist in the conduct of a National Park Service special resource study. 4. Authorization of study (a) In general As soon as funds are made available to carry out this section, the Secretary shall conduct a study of the study area to evaluate— (1) the national significance of the study area; and (2) the suitability and feasibility of designating the study area as a unit of the National Park System. (b) Study guidelines In conducting the study under subsection (a), the Secretary shall— (1) use the criteria for the study of areas for potential inclusion in the National Park System included in section 8 of the National Park System General Authorities Act (16 U.S.C. 1a–5); and (2) closely examine models for units of the National Park System, in particular national river and recreation areas, and other landscape protection models, that— (A) encompass large areas of non-Federal land within designated boundaries; (B) promote increased heritage tourism and economic development; (C) foster public and private collaborative arrangements for achieving National Park Service objectives; and (D) protect and respect the rights of private land owners and municipalities. 5. Report Not later than 3 years after the date on which funds are first made available to conduct the study under section 4, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the findings, conclusions, and recommendations of the study.

Hudson River Valley Special Resource Study Act

Fairness for Struggling Students Act of 2013 Amends federal bankruptcy law to make privately issued student loans dischargeable in bankruptcy. Under current law, student loans (whether issued privately or by a governmental unit) are dischargeable only if excepting the loans from dischargeability would impose undue hardship on the debtor and the debtor's dependents.

To amend title 11, United States Code, with respect to certain exceptions to discharge in bankruptcy. 1. Short title This Act may be cited as the Fairness for Struggling Students Act of 2013 2. Exceptions to discharge Section 523(a)(8) of title 11, United States Code, is amended by striking dependents, for dependents, for an educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit or made under any program funded in whole or in part by a governmental unit or an obligation to repay funds received from a governmental unit as an educational benefit, scholarship, or stipend;

Fairness for Struggling Students Act of 2013

Amends the Highlands Conservation Act to extend, through FY2024, funding for: (1) land conservation partnership projects in the highlands regions of Connecticut, New Jersey, New York, and Pennsylvania; and (2) Forest Service and Department of Agriculture (USDA) programs to assist such states, units of local government, and private forest and farm landowners in the conservation of land and natural resources in that region.

To extend the authorization of the Highlands Conservation Act through fiscal year 2024. 1. Extension of Highlands Conservation Act (a) Extension of land conservation projects in the Highlands region Section 4(e) of the Highlands Conservation Act ( Public Law 108–421 2014 2024 (b) Extension of Forest Service and USDA programs in the Highlands region Section 5(c) of the Highlands Conservation Act ( Public Law 108–421 2014 2024

A bill to extend the authorization of the Highlands Conservation Act through fiscal year 2024.

Creating American Prosperity through Preservation Act of 2013 - Amends the Internal Revenue Code, with respect to tax credits for building rehabilitation expenditures, to: (1) allow an increased 30% credit for projects involving $7.5 million or less in rehabilitation expenditures, (2) provide for an additional 2% credit amount for a building that is a qualified energy efficient rehabilitated building (increased energy efficiency of 30% or more), (3) change the placed-in-service requirement for non-historic rehabilitated buildings from before 1936 to 50 years prior to the year in which qualified rehabilitation expenditures are taken into account, and (4) exempt from tax the proceeds of a state historic tax credit.

To amend the Internal Revenue Code of 1986 to expand the rehabilitation credit, and for other purposes. 1. Short title This Act may be cited as the Creating American Prosperity through Preservation Act of 2013 2. Increase in the rehabilitation credit for certain smaller projects (a) In general Section 47 (e) Special rule regarding certain smaller projects (1) In general In the case of any qualified rehabilitated building or portion thereof— (A) which is placed in service after the date of the enactment of this subsection, and (B) which is a smaller project, subsection (a)(2) shall be applied by substituting 30 percent 20 percent (2) Maximum credit The credit determined under this subsection with respect to any smaller project for all taxable years shall not exceed $1,500,000. (3) Smaller project defined (A) In general For purposes of this subsection, the term smaller project (i) the qualified rehabilitation expenditures taken into account for purposes of this section (or would have been so taken into account if this subsection had been in effect for all prior periods) with respect to the rehabilitation are not over $7,500,000, and (ii) no credit was allowed under this section for either of the 2 prior taxable years with respect to such building. (B) Progress expenditures Credit allowable by reason of subsection (d) shall not be taken into account under subparagraph (A)(ii). . (b) Effective Date The amendment made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). 3. Addition of energy efficiency supplement to rehabilitation credit (a) In general Subsection (a) of section 47 of the Internal Revenue Code of 1986 is amended by striking and , and (3) 2 percent of the qualified rehabilitation expenditures if the building is a qualified energy efficient rehabilitated building. . (b) Qualified energy efficient rehabilitated building Section 47 of such Code, as amended by section 2, is amended by adding at the end the following new subsection: (f) Qualified energy efficient rehabilitated building (1) In general The term qualified energy efficient rehabilitated building (A) the building is a qualified rehabilitated building, and (B) (i) the rehabilitation is certified (in accordance with paragraph (4)) as being designed to achieve at least a 30 percent energy use reduction in the building’s energy use, or (ii) the building meets the requirements of paragraph (2)(B)(ii) and is determined under paragraph (2)(B) to achieve at least a 30 percent energy use reduction after being rehabilitated. (2) Determination of energy use reduction For purposes of paragraph (1)— (A) Design-based standards (i) Buildings within the scope of standard 90.1–2007 If the building is within the scope of Standard 90.1–2007, the designed reduction in energy use shall be determined using methods of calculation under paragraph (3) in comparison to a reference building which meets the minimum requirements of such standard. (ii) RESNET buildings If the building is within the scope of RESNET, the designed reduction in energy use shall be determined using methods prescribed by the Secretary which are based on the Residential Energy Services Network Technical Guidelines. (iii) Other buildings If neither clause (i) or (ii) apply to the building, the designed reduction in energy use shall be determined using methods of calculation prescribed by the Secretary in a manner which is consistent with principles under paragraph (3). (B) Measured reductions (i) In general In the case of buildings which meet the requirements of clause (ii), the taxpayer may determine the reduction in energy usage by comparing the energy usage during the period selected by the taxpayer under clause (ii)(I) with the energy usage during the period selected by the taxpayer under clause (ii)(II). (ii) Building requirements A building meets the requirements of this clause if— (I) the building is at least 75 percent occupied during any period (but not less than 12 months) selected by the taxpayer which ends during the 5-year period ending on the date that the rehabilitation begins, and (II) the building is at least 75 percent occupied during the comparable period selected by the tax- payer which begins during the 5-year period beginning on the date that the rehabilitation is completed. (iii) Energy star buildings The reduction in energy use for buildings within the scope of Energy Start Portfolio Manager may be determined for purposes of this subparagraph by using the Energy Star Portfolio Manager Buildings Benchmark Tool. (iv) Special rules The Secretary shall prescribe regulations which preclude the use of this subparagraph, or modify the methods otherwise applicable under this subparagraph, in circumstance where vacancies, changes in use, and other factors which might otherwise yield in materially misleading results. (v) Year credit allowable In the case of a building which is a qualified energy efficient rehabilitated building solely by reason of this subparagraph, the increase in the credit under subsection (a)(3) with respect to such building shall be taken into account for the taxable year which includes the end of the period selected by the taxpayer under clause (ii)(II) in lieu of the taxable year in which the rehabilitated building is placed in service. (3) Methods of calculations (A) In general The Secretary, after consultation with the Secretary of Energy, shall promulgate regulations which describe in detail methods for calculating and verifying energy and power consumption and cost, based on Appendix G of Standard 90.1–2007 (or any subsequent version of such Appendix which is in effect at the time of the certification). (B) Computer software (i) In general Any calculation under subparagraph (A) shall be prepared by qualified computer software. (ii) Qualified computer software For purposes of subparagraph (A), the term qualified computer software (I) which is included (at the time of the certification) on the published list of qualified software by the Department of Energy, (II) which provides such information as the Secretary may require, including information that allows the user to document the energy efficiency features of the building and its projected annual energy costs, and (III) which provides standardized outputs for building energy performance and, to the maximum extent practicable, relies on industry best practices and existing guidelines. (4) Certifications (A) In general The Secretary shall prescribe the manner and method for the making of certifications under this subsection. (B) Procedures The Secretary shall include as part of the certification process procedures for inspection and testing by qualified individuals described in subparagraph (C) to ensure compliance of buildings with energy-savings plans and targets. Such procedures shall be comparable, given the difference between commercial and residential buildings, to the requirements in the Mortgage Industry National Accreditation Procedures for Home Energy Rating Systems. (C) Qualified individuals Individuals qualified to determine compliance shall be only those individuals who are recognized by an organization certified by the Secretary for such purposes. For purposes of the preceding sentence, an individual shall not be qualified with respect to a building unless the individual is— (i) a registered professional engineer, (ii) not a direct employee of the owner of the commercial building or multifamily building, and (iii) licensed in the State in which such building is located. (5) Standard 90.1–2007 For purposes of this subsection, the term Standard 90.1–2007 (6) Allocation of credit for tax-exempt property Paragraphs (3) and (4) of section 50(b), and clause (v) of subsection (c)(2)(B), shall not apply to those qualified rehabilitation expenditures that are taken into account for purposes of certifying a building as a qualified energy efficient rehabilitated building under this subsection. Any rehabilitation credit which is allowable by reason of the preceding sentence may be assigned to any other person, and such other person shall be treated as the taxpayer with respect thereto. (7) Coordination The Secretary shall designate processes for tracking the numbers and locations of buildings claiming the rehabilitation by reason of this subsection, as well as providing information on projected and actual savings of energy and its value over time in coordination with the Department of Energy. (8) Regulations The Secretary, after consultation with the Administrator of the Environmental Protection Agency and the Secretary of the Interior, shall promulgate such regulations as may be necessary or appropriate to carry out the purposes of this subsection, including regulations— (A) to take into account new technologies regarding energy efficiency and renewable energy for purposes of determining energy efficiency and savings under this subsection, and (B) to provide for a recapture of the credit determined under this subsection if the design referred to in paragraph (1)(B) is not fully implemented. . (c) Substantial rehabilitation requirement not To apply to energy efficiency supplement Subparagraph (A) of section 47(c)(1) of such Code (defining qualified rehabilitated building) is amended by adding at the end the following new flush sentence: Clause (i) shall not apply to so much of the rehabilitation credit as is determined under subsection (a)(3). . (d) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. (2) Waiver of substantial rehabilitation requirement The waiver of the requirement of section 47(c)(1)(A)(i) 4. Modification to definition of qualified rehabilitation expenditure (a) In general Clause (i) of section 47(c)(2)(A) of the Internal Revenue Code of 1986 (relating to the definition of qualified rehabilitation expenditures) is amended by striking or (IV) rehabilitated building energy efficiency property, or (V) an addition or improvement to property described in subclause (I), (II), (III), or (IV), and . (b) Rehabilitated building energy efficiency property Section 47(c)(2) of such Code is amended by adding at the end the following new subparagraph: (E) Rehabilitated building energy efficiency property (i) In general For purposes of subparagraph (A), the term rehabilitated building energy efficiency property (I) affixed to, adjacent to, or integral to the provision of renewable energy to a qualified rehabilitated building, or (II) installed as part of a plan designed to achieve any energy use reduction (within the meaning of subsection (f)). Subparagraph (B)(i) shall not apply to rehabilitated building energy efficiency property. (ii) Certification The Secretary shall prescribe the manner and method for the making of certifications under clause (i). . (c) Enlargements Clause (iii) of section 47(c)(2)(B) of such Code is amended by adding at the end the following new sentence: The preceding sentence shall not apply to any rehabilitated building energy efficiency property which is an addition or improvement to a building. (d) Effective date The amendments made by this section shall apply to qualified rehabilitated buildings placed in service after the date of the enactment of this Act. 5. Coordination of energy credit with rehabilitation credit (a) In general Paragraph (2) of section 48(a) of the Internal Revenue Code of 1986 is amended by striking subparagraph (B). (b) Conforming amendments Paragraph (2) of section 48(a) of such Code is amended— (1) by redesignating subparagraph (A)(ii) as subparagraph (B) and moving such subparagraph 2 ems to the left, (2) by redesignating subclauses (I) through (IV) of subparagraph (A)(i) as clauses (i) through (iv), respectively, and by moving such clauses 2 ems to the left, and (3) by striking so much of such paragraph as precedes 30 percent in the case of— (2) Energy percentage The energy percentage is— (A) 30 percent in the case of— . (c) Basis reduction Paragraph (3) of section 50(c) of such Code is amended by adding at the end the following new flush sentence: In the case of property that qualifies for both the energy credit and the rehabilitation credit, the preceding sentence shall be applied by substituting none only 50 percent (d) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. 6. Date by which building must be first placed in service (a) In General Subparagraph (B) of section 47(c)(1) of the Internal Revenue Code of 1986 (relating to the date by which building must be first placed in service) is amended— (1) by striking Building must be first placed in service before 1936 Date by which building must first be placed in service (2) by striking before 1936 no less than 50 years prior to the year in which qualified rehabilitation expenditures are taken into account under subsection (b)(1) (b) Effective Date The amendment made by this section shall apply to property placed in service after the date of the enactment of this Act. 7. Modifications regarding certain tax-exempt use property (a) In General Clause (I) of section 47(c)(2)(B)(v) of the Internal Revenue Code of 1986 (relating to tax-exempt use property) is amended by inserting and subclauses (I), (II), and (III) of section 168(h)(1)(B)(ii) shall not apply thereof (b) Effective Date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. 8. Special rules for dispositions of State historic tax credits (a) In general Part III of subchapter B of chapter 1 139E. Dispositions of State historic tax credits (a) Exclusion from income; basis reduction (1) In general In the case of a taxpayer who receives a State historic tax credit and transfers such credit by sale, allocation, or otherwise, or receives a refund of all or a portion of such credit— (A) no portion of the net proceeds of such allocation, disposition, or refund of such credit shall constitute income to such taxpayer under section 61(a), and (B) the taxpayer's basis in the property with respect to which the State historic tax credit is allowed shall be reduced as determined under paragraph (2). (2) Determination of reduction in basis The reduction in basis under paragraph (1) shall be applied— (A) first, against the basis in the land, (B) second, against so much of the basis of any building or interest therein as was not treated as a qualified rehabilitation expenditure by reason of clause (ii) or (iii) of section 47(c)(2)(B), and (C) third, against the remaining basis in the property. (D) Adjustment in basis of interest in partnership or s corporation The adjusted basis of— (i) a partner’s interest in a partnership, or (ii) stock in an S corporation (as defined in section 1361(a)(1)), shall be appropriately adjusted to take into account adjustments made under this subsection in the basis of property held by the partnership or S corporation (if any). (b) Election To include in income (1) In general In the case of a taxpayer elects to have this subsection apply— (A) the net proceeds of the allocation, disposition, or refund described in subsection (a) received by such taxpayer shall constitute income to such taxpayer under section 61(a), and (B) subsection (a)(1)(B) shall not apply. (2) Making of election An election under this subsection shall be made at such time and in such manner as the Secretary of the Treasury may by regulation prescribe. Such election shall apply for the taxable year for which it is made and for all subsequent taxable years and may be revoked only with the consent of the Secretary of the Treasury. (c) Effect on qualified rehabilitation expenditures and rehabilitation credits For purposes of determining the rehabilitation credit allowable to a taxpayer under section 47, the transfer or allocation of State historic tax credits with respect to any property by a taxpayer shall not affect or reduce the amount of qualified rehabilitation expenditures (as defined in section 47(c)(2)) incurred in connection with such property, nor shall such transfer or disposition, nor any basis adjustments under subsection (a), be treated as an early disposition of investment credit property for purposes of the recapture provisions of section 50. (d) State historic tax credits defined For purposes of this section, the term State historic tax credit (1) is allowable under the laws of any State or political subdivision thereof to a taxpayer with respect to expenditures made for the rehabilitation of property identified by such laws, and (2) can be allocated, disposed, or refunded under such laws. . (b) Clerical amendment The table of sections for such part III is amended by inserting after the item relating to section 139D the following new item: Sec. 139E. Dispositions of State historic tax credits. (c) Effective Date This section shall apply to transfers or dispositions made, or refunds received, after the date of the enactment of this Act.

Creating American Prosperity through Preservation Act of 2013

Pay Your Bills or Lose Your Pay Act of 2013 - Requires the appropriate payroll administrator of each house of Congress to deposit in an escrow account all mandatory payments for compensation of Members of Congress serving in that house during a specified period beginning when the federal government is unable to make payments or meet obligations because the public debt has been reached. Requires release of such payments to those Members only upon the earlier of: (1) the date on which both chambers present a bill to the President to increase the public debt, or (2) the last day of the 113th Congress.

To prohibit Members of Congress from receiving pay when the Federal Government is unable to make payments or meet obligations because the public debt limit has been reached. 1. Short title This Act may be cited as the Pay Your Bills or Lose Your Pay Act of 2013 2. Findings Congress finds the following: (1) It is an American value to meet all obligations. (2) A AAA credit rating is essential to the economic standing of the United States in the world. (3) The statutory debt limit was increased— (A) 18 times during the presidency of Ronald Reagan; (B) 5 times during the presidency of George H. W. Bush; (C) 6 times during the presidency of William J. Clinton; and (D) 7 times during the presidency of George W. Bush. (4) Section 4 of the 14th Amendment of the United States Constitution states the validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned (5) The statutory debt limit is increased by Congress to pay financial obligations authorized by Congress. (6) The ratings agency Moody’s has called for the public debt limit to be eliminated. (7) The United States is one of the few nations in the world with a public debt limit. (8) The annual budget resolution, voted on by members of the Senate and House of Representatives, specifies the appropriate level of the public debt for each fiscal year covered by the resolution. (9) At times the statutory debt limit must be increased to honor financial obligations authorized and appropriated by Congress and the President of the United States. (10) The credit rating agency Standard and Poor’s downgraded the credit rating of the United States for the first time in its history on August 5, 2011, citing political brinksmanship (11) In July 2012, the Government Accountability Office estimated that the 2011 debt limit standoff cost taxpayers $1,300,000,000 in fiscal year 2011, and the Government Accountability Office further noted that Congress should consider ways to … avoid potential disruptions to the Treasury market and to help inform the fiscal policy debate in a timely way. (12) In January 2013, the Bipartisan Policy Center estimated that the 10-year cost to taxpayers of the 2011 debt limit standoff is $18,900,000,000. 3. Holding salaries of Members of Congress in escrow upon failure to meet debt obligations (a) Holding salaries in escrow (1) In general If the Federal Government is unable to make payments or meet obligations because the public debt limit under section 3101 (2) Period described The period described in this paragraph is the period beginning on the date on which the Federal Government is unable to make payments or meet obligations because the public debt limit under section 3101 of title 31, United States Code, has been reached, and ending on the earlier of— (A) the date on which the House of Representatives and the Senate present a bill to the President under article I, section 7 of the Constitution of the United States, to increase the public debt limit under section 3101 (B) the last day of the One Hundred Thirteenth Congress. (3) Withholding and remittance of amounts from payments held in escrow The payroll administrator of each House of Congress shall provide for the same withholding and remittance with respect to a payment deposited in an escrow account under paragraph (1) that would apply to the payment if the payment were not subject to paragraph (1). (4) Release of amounts at end of congress In order to ensure that this section is carried out in a manner that shall not vary the compensation of Senators or Representatives in violation of the 27th Amendment to the Constitution of the United States, the payroll administrator of a House of Congress shall release for payments to Members of that House of Congress any amounts remaining in any escrow account under this section on the last day of the One Hundred Thirteenth Congress. (5) Role of Secretary of the Treasury The Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this section. (b) Treatment of delegates as members In this section, the term Member (c) Payroll Administrator defined In this section, the payroll administrator (1) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this section; and (2) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this section.

Pay Your Bills or Lose Your Pay Act of 2013

Protecting Access to Rural Therapy Services (PARTS) Act - Amends title XVIII (Medicare) of the Social Security Act to state that, except with respect to high-risk or complex medical services requiring direct levels of supervision, if the Secretary of Health and Human Services (HHS) requires supervision by a physician or non-physician practitioner for Medicare payment for therapeutic hospital outpatient services, that requirement is met if such services are furnished under the physician's or non-physician practitioner's general supervision. Directs the Secretary of HHS to establish a process for designating therapeutic hospital outpatient services for which direct supervision may be required for the entire service or direct supervision during the initiation of the service followed by general supervision for the remainder of the service. Declares without force or effect in law regarding Medicare requirements for direct supervision by physicians for therapeutic hospital outpatient services a specified restatement and clarification under the final rulemaking changes to the Medicare hospital outpatient prospective payment system and calendar year 2009 payment rates, which was published in the Federal Register on November 18, 2008.

To amend title XVIII of the Social Security Act with respect to physician supervision of therapeutic hospital outpatient services. 1. Short title This Act may be cited as the Protecting Access to Rural Therapy Services (PARTS) Act 2. Requirements for physician supervision of therapeutic hospital outpatient services (a) Therapeutic hospital outpatient services (1) Supervision requirements Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by adding at the end the following new subsection: (z) Physician supervision requirements for therapeutic hospital outpatient services (1) General supervision for therapeutic services Except as may be provided under paragraph (2), insofar as the Secretary requires the supervision by a physician or a non-physician practitioner for payment for therapeutic hospital outpatient services (as defined in paragraph (5)(A)) furnished under this part, such requirement shall be met if such services are furnished under the general supervision (as defined in paragraph (5)(B)) of the physician or non-physician practitioner, as the case may be. (2) Exceptions process for high-risk or complex medical services requiring a direct level of supervision (A) In general Subject to the succeeding provisions of this paragraph, the Secretary shall establish a process for the designation of therapeutic hospital outpatient services furnished under this part that, by reason of complexity or high risk, require— (i) direct supervision (as defined in paragraph (5)(C)) for the entire service; or (ii) direct supervision during the initiation of the service followed by general supervision for the remainder of the service. (B) Consultation with clinical experts (i) In general Under the process established under subparagraph (A), before the designation of any therapeutic hospital outpatient service for which direct supervision may be required under this part, the Secretary shall consult with a panel of outside experts described in clause (ii) to advise the Secretary with respect to each such designation. (ii) Advisory panel on supervision of therapeutic hospital outpatient services For purposes of clause (i), a panel of outside experts described in this clause is a panel appointed by the Secretary, based on nominations submitted by hospital, rural health, and medical organizations representing physicians, non-physician practitioners, and hospital administrators, as the case may be, that meets the following requirements: (I) Composition The panel shall be composed of at least 15 physicians and non-physician practitioners who furnish therapeutic hospital outpatient services for which payment is made under this part and who collectively represent the medical specialties that furnish such services, and of 4 hospital administrators of hospitals located in rural areas (as defined in section 1886(d)(2)(D)) or critical access hospitals. (II) Practical experience required for physicians and non-physician practitioners During the 12-month period preceding appointment to the panel by the Secretary, each physician or non-physician practitioner described in subclause (I) shall have furnished therapeutic hospital outpatient services for which payment was made under this part. (III) Minimum rural representation requirement for physicians and non-physician practitioners Not less than 50 percent of the membership of the panel that is comprised of physicians and non-physician practitioners shall be physicians or non-physician practitioners described in subclause (I) who practice in rural areas (as defined in section 1886(d)(2)(D)) or who furnish such services in critical access hospitals. (iii) Application of FACA The Federal Advisory Committee Act (5 U.S.C. 2 App.), other than section 14 of such Act, shall apply to the panel of outside experts appointed by the Secretary under clause (ii). (C) Special rule for outpatient critical access hospital services Insofar as a therapeutic outpatient hospital service that is an outpatient critical access hospital service is designated as requiring direct supervision under the process established under subparagraph (A), the Secretary shall deem the critical access hospital furnishing that service as having met the requirement for direct supervision for that service if, when furnishing such service, the critical access hospital meets the standard for personnel required as a condition of participation under section 485.618(d) (D) Consideration of compliance burdens Under the process established under subparagraph (A), the Secretary shall take into account the impact on hospitals and critical access hospitals in complying with requirements for direct supervision in the furnishing of therapeutic hospital outpatient services, including hospital resources, availability of hospital-privileged physicians, specialty physicians, and non-physician practitioners, and administrative burdens. (E) Requirement for notice and comment rulemaking Under the process established under subparagraph (A), the Secretary shall only designate therapeutic hospital outpatient services requiring direct supervision under this part through proposed and final rulemaking that provides for public notice and opportunity for comment. (F) Rule of construction Nothing in this subsection shall be construed as authorizing the Secretary to apply or require any level of supervision other than general or direct supervision with respect to the furnishing of therapeutic hospital outpatient services. (3) Initial list of designated services The Secretary shall include in the proposed and final regulation for payment for hospital outpatient services for 2015 under this part a list of initial therapeutic hospital outpatient services, if any, designated under the process established under paragraph (2)(A) as requiring direct supervision under this part. (4) Direct supervision by non-physician practitioners for certain hospital outpatient services permitted (A) In general Subject to the succeeding provisions of this subsection, a non-physician practitioner may directly supervise the furnishing of— (i) therapeutic hospital outpatient services under this part, including cardiac rehabilitation services (under section 1861(eee)(1)), intensive cardiac rehabilitation services (under section 1861(eee)(4)), and pulmonary rehabilitation services (under section 1861(fff)(1)); and (ii) those hospital outpatient diagnostic services (described in section 1861(s)(2)(C)) that require direct supervision under the fee schedule established under section 1848. (B) Requirements Subparagraph (A) shall apply insofar as the non-physician practitioner involved meets the following requirements: (i) Scope of practice The non-physician practitioner is acting within the scope of practice under State law applicable to the practitioner. (ii) Additional requirements The non-physician practitioner meets such requirements as the Secretary may specify. (5) Definitions In this subsection: (A) Therapeutic hospital outpatient services The term therapeutic hospital outpatient services (i) cardiac rehabilitation services and intensive cardiac rehabilitation services (as defined in paragraphs (1) and (4), respectively, of section 1861(eee)); and (ii) pulmonary rehabilitation services (as defined in section 1861(fff)(1)). (B) General supervision (i) Overall direction and control of physician Subject to clause (ii), with respect to the furnishing of therapeutic hospital outpatient services for which payment may be made under this part, the term general supervision (ii) Presence not required For purposes of clause (i), the presence of a physician or non-physician practitioner is not required during the performance of the procedure involved. (C) Direct supervision (i) Provision of assistance and direction Subject to clause (ii), with respect to the furnishing of therapeutic hospital outpatient services for which payment may be made under this part, the term direct supervision (ii) Presence in room not required For purposes of clause (i), a physician or non-physician practitioner, as the case may be, is not required to be present in the room during the performance of the procedure involved or within any other physical boundary as long as the physician or non-physician practitioner, as the case may be, is immediately available. (D) Non-physician practitioner defined The term non-physician practitioner (i) is a physician assistant, a nurse practitioner, a clinical nurse specialist, a clinical social worker, a clinical psychologist, a certified nurse midwife, or a certified registered nurse anesthetist, and includes such other practitioners as the Secretary may specify; and (ii) with respect to the furnishing of therapeutic outpatient hospital services, meets the requirements of paragraph (4)(B). . (2) Conforming amendment Section 1861(eee)(2)(B) of the Social Security Act (42 U.S.C. 1395x(eee)(2)(B)) is amended by inserting , and a non-physician practitioner (as defined in section 1833(z)(5)(D)) may supervise the furnishing of such items and services in the hospital in the case of items and services furnished under such a program in a hospital, such availability shall be presumed (b) Prohibition on retroactive enforcement of revised interpretation (1) Repeal of regulatory clarification The restatement and clarification under the final rulemaking changes to the Medicare hospital outpatient prospective payment system and calendar year 2009 payment rates (published in the Federal Register on November 18, 2008, 73 Fed. Reg. 68702 through 68704) with respect to requirements for direct supervision by physicians for therapeutic hospital outpatient services (as defined in paragraph (3)) for purposes of payment for such services under the Medicare program shall have no force or effect in law. (2) Hold harmless A hospital or critical access hospital that furnishes therapeutic hospital outpatient services during the period beginning on January 1, 2001, and ending on the later of December 31, 2014, or the date on which the final regulation promulgated by the Secretary of Health and Human Services to carry out this Act takes effect, for which a claim for payment is made under part B of title XVIII of the Social Security Act shall not be subject to any civil or criminal action or penalty under Federal law for failure to meet supervision requirements under the regulation described in paragraph (1), under program manuals, or otherwise. (3) Therapeutic hospital outpatient services defined In this subsection, the term therapeutic hospital outpatient services (A) hospital services described in subsection (s)(2)(B) of section 1861 of the Social Security Act ( 42 U.S.C. 1395x (B) cardiac rehabilitation services or intensive cardiac rehabilitation services (as defined in paragraphs (1) and (4), respectively, of subsection (eee) of such section); or (C) pulmonary rehabilitation services (as defined in subsection (fff)(1) of such section).

Protecting Access to Rural Therapy Services (PARTS) Act

Fair Telephone Billing Act of 2013 - Amends the Communications Act of 1934 to prohibit local exchange carriers or providers of interconnected VoIP (Voice over Internet Protocol) service from placing, or causing to be placed, a third-party charge that is not directly related to the provision of telephone services on the bill of a customer, unless: (1) the third-party charge is from a contracted third-party vendor and for a product or service that the carrier or provider markets or sells jointly with its own service, (2) the customer provided affirmative consent for the charge, (3) the customer was provided with a disclosure of material terms and conditions prior to such consent, and (4) the charge is implemented with reasonable procedures to ensure that the customer has requested the product or service. Defines: (1) a "third-party charge" as a charge for a product or service not provided by a local exchange carrier or a provider of interconnected VoIP service, and (2) a "contracted third-party vendor" as a person with a contractual right to receive billing and collection services from such a carrier or provider for a product or service the person provides directly to a customer. Subjects violators to civil forfeiture and specified penalties and refund requirements. Directs the Federal Communications Commission (FCC) to promulgate rules to: (1) define how local exchange carriers and providers of interconnected VoIP service will obtain affirmative consent from a consumer for a third-party charge, (2) ensure that consumers are fully aware of the charges to which they are consenting, and (3) impose recordkeeping requirements on such carriers and providers related to any grants of affirmative consent by consumers.

To prohibit unauthorized third-party charges on wireline telephone bills, and for other purposes. 1. Short title This Act may be cited as the Fair Telephone Billing Act of 2013 2. Findings Congress makes the following findings: (1) For years, telephone users have complained that their wireline telephone bills included unauthorized third-party charges. (2) This problem, commonly referred to as cramming (3) Since the 1990s, the Federal Communications Commission, the Federal Trade Commission, and State attorneys general have brought multiple enforcement actions against dozens of individuals and companies for engaging in cramming. (4) An investigation by the Committee on Commerce, Science, and Transportation of the Senate confirmed that cramming is a problem of massive proportions and has affected millions of telephone users, costing them billions of dollars in unauthorized third-party charges over the past decade. (5) The Committee showed that third-party billing through wireline telephone numbers has largely failed to become a reliable method of payment that consumers and businesses can use to conduct legitimate commerce. (6) Telephone companies regularly placed third-party charges on their customers’ telephone bills without their customers’ authorization. (7) Many companies engaged in third-party billing were illegitimate and created solely to exploit the weaknesses in the third-party billing platforms established by telephone companies. (8) In the last decade, millions of business and residential consumers have transitioned from wireline telephone service to interconnected VoIP service. (9) Users of interconnected VoIP service often use the service as the primary telephone line for their residences and businesses. (10) Millions more business and residential consumers are expected to migrate to interconnected VoIP service in the coming years as the evolution of the nation’s traditional voice communications networks to IP-based networks continues. (11) Users of interconnected VoIP service that have telephone numbers through the service should be protected from the same vulnerabilities that affected third-party billing through wireline telephone numbers. 3. Unauthorized third-party charges (a) In general Section 258 of the Communications Act of 1934 (47 U.S.C. 258) is amended— (1) by amending the heading to read as follows: Sec. 258. Preventing illegal changes in subscriber carrier selections and unauthorized third-party charges. (2) by adding at the end the following: (c) Prohibition (1) In general No local exchange carrier or provider of interconnected VoIP service shall place or cause to be placed a third-party charge that is not directly related to the provision of telephone services on the bill of a customer, unless— (A) the third-party charge is from a contracted third-party vendor; (B) the third-party charge is for a product or service that a local exchange carrier or provider of interconnected VoIP service jointly markets or jointly sells with its own service; (C) the customer was provided with clear and conspicuous disclosure of all material terms and conditions prior to consenting under subparagraph (D); (D) the customer provided affirmative consent for the placement of the third-party charge on the bill; and (E) the local exchange carrier or provider of interconnected VoIP service has implemented reasonable procedures to ensure that the third-party charge is for a product or service requested by the customer. (2) Forfeiture and refund (A) In general Any person who commits a violation of paragraph (1) shall be subject to a civil forfeiture, which shall be determined in accordance with section 503 of title V of this Act, except that the amount of the penalty shall be double the otherwise applicable amount of the penalty under that section. (B) Refund Any local exchange carrier or provider of interconnected VoIP service that commits a violation of paragraph (1) shall be liable to the customer in an amount equal to all charges paid by that customer related to the violation of paragraph (1), in accordance with such procedures as the Commission may prescribe. (3) Additional remedies The remedies under this subsection are in addition to any other remedies provided by law. (4) Definitions In this subsection: (A) Affirmative consent The term affirmative consent (B) Contracted third-party vendor The term contracted third-party vendor (C) Third-party charge The term third-party charge . (b) Rulemaking (1) In general Not later than 90 days after the date of enactment of this Act, the Federal Communications Commission, in consultation with the Federal Trade Commission, shall prescribe any rules necessary to implement the provisions of this section. (2) Minimum contents At a minimum, the regulations promulgated by the Federal Communications Commission under this subsection shall— (A) define how local exchange carriers and providers of interconnected VoIP service will obtain affirmative consent from a consumer for a third-party charge; (B) include adequate protections to ensure that consumers are fully aware of the charges to which they are consenting; and (C) impose recordkeeping requirements on local exchange carriers and providers of interconnected VoIP service related to any grants of affirmative consent by consumers. (c) Effective date The Federal Communications Commission shall prescribe that any rule adopted under subsection (b) shall become effective for a local exchange carrier or provider of interconnected VoIP service not later than the date that the carrier's or provider's contractual obligation to permit another person to charge a customer for a good or service on a bill rendered by the carrier or provider expires, or 180 days after the date of enactment of this Act, whichever is earlier. 4. Relationship to other laws (a) No preemption of State laws Nothing in this Act shall be construed to preempt any State law, except that no State law may relieve any person of a requirement otherwise applicable under this Act. (b) Preservation of FTC authority Nothing in this Act shall be construed as modifying, limiting, or otherwise affecting the applicability of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. 5. Severability If any provision of this Act or the application of that provision to any person or circumstance is held invalid, the remainder of this Act and the application of that provision to any other person or circumstance shall not be affected thereby.

Fair Telephone Billing Act of 2013

Lifetime Income Disclosure Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require the quarterly pension benefit statement furnished to a participant or beneficiary with the right to direct the investment of assets in his or her account under an individual account plan to include a lifetime income disclosure at least once during any 12-month period. Requires such lifetime income disclosure to set forth the lifetime income stream equivalent of the participant's or beneficiary's total benefits accrued. Defines a lifetime income stream equivalent of the total benefits accrued as the monthly annuity payment the participant or beneficiary would receive if those total accrued benefits were used to provide lifetime income streams to a qualified joint and survivor annuitant. Directs the Secretary of Labor to: (1) issue a model lifetime income disclosure, written in a manner which can be understood by the average plan participant; and (2) prescribe assumptions that plan administrators may use in converting total accrued benefits into lifetime income stream equivalents. Declares that no plan fiduciary, plan sponsor, or other person shall have any liability under ERISA solely by reason of the provision of lifetime income stream equivalents derived in accordance with such assumptions and related rules and including explanations contained in the model lifetime income disclosure.

To amend the Employee Retirement Income Security Act of 1974 to require a lifetime income disclosure. 1. Short title This Act may be cited as the Lifetime Income Disclosure Act 2. Disclosure regarding lifetime income (a) In general Subparagraph (B) of section 105(a)(2) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1025(a)(2) (1) in clause (i), by striking and (2) in clause (ii), by striking diversification. diversification, and (3) by inserting at the end the following: (iii) the lifetime income disclosure described in subparagraph (D)(i). In the case of pension benefit statements described in clause (i) of paragraph (1)(A), a lifetime income disclosure under clause (iii) of this subparagraph shall only be required to be included in one pension benefit statement during any one 12-month period. . (b) Lifetime income Paragraph (2) of section 105(a) of such Act (29 U.S.C. 1025(a)) is amended by adding at the end the following new subparagraph: (D) Lifetime income disclosure (i) In general (I) Disclosure A lifetime income disclosure shall set forth the lifetime income stream equivalent of the total benefits accrued with respect to the participant or beneficiary. (II) Lifetime income stream equivalent of the total benefits accrued For purposes of this subparagraph, the term lifetime income stream equivalent of the total benefits accrued (III) Lifetime income streams The lifetime income streams described in this subclause are a qualified joint and survivor annuity (as defined in section 205(d)), based on assumptions specified in rules prescribed by the Secretary, including the assumption that the participant or beneficiary has a spouse of equal age, and a single life annuity. Such lifetime income streams may have a term certain or other features to the extent permitted under rules prescribed by the Secretary. (ii) Model disclosure Not later than 1 year after the date of the enactment of the Lifetime Income Disclosure Act (I) explains that the lifetime income stream equivalent is only provided as an illustration; (II) explains that the actual payments under the lifetime income stream described in clause (i)(III) that may be purchased with the total benefits accrued will depend on numerous factors and may vary substantially from the lifetime income stream equivalent in the disclosures; (III) explains the assumptions upon which the lifetime income stream equivalent was determined; and (IV) provides such other similar explanations as the Secretary considers appropriate. (iii) Assumptions and rules Not later than 1 year after the date of the enactment of the Lifetime Income Disclosure Act (I) prescribe assumptions that administrators of individual account plans may use in converting total accrued benefits into lifetime income stream equivalents for purposes of this subparagraph; and (II) issue interim final rules under clause (i). In prescribing assumptions under subclause (I), the Secretary may prescribe a single set of specific assumptions (in which case the Secretary may issue tables or factors that facilitate such conversions), or ranges of permissible assumptions. To the extent that an accrued benefit is or may be invested in a lifetime income stream described in clause (i)(III), the assumptions prescribed under subclause (I) shall, to the extent appropriate, permit administrators of individual account plans to use the amounts payable under such lifetime income stream as a lifetime income stream equivalent. (iv) Limitation on liability No plan fiduciary, plan sponsor, or other person shall have any liability under this title solely by reason of the provision of lifetime income stream equivalents which are derived in accordance with the assumptions and rules described in clause (iii) and which include the explanations contained in the model lifetime income disclosure described in clause (ii). This clause shall apply without regard to whether the provision of such lifetime income stream equivalent is required by subparagraph (B)(iii). (v) Effective date The requirement in subparagraph (B)(iii) shall apply to pension benefit statements furnished more than 12 months after the latest of the issuance by the Secretary of— (I) interim final rules under clause (i); (II) the model disclosure under clause (ii); or (III) the assumptions under clause (iii). .

Lifetime Income Disclosure Act

State Ethics Law Protection Act of 2013 - Considers a state transportation department not to have violated federal contract requirements for the construction of a federal-aid highway project solely because the state in which the department is located, or a local government within that state, has in effect a law or order that limits the amount of money an individual or entity doing business with a state or local agency with respect to such a project may contribute to a political party, campaign, or elected official (pay to play).

To amend title 23, United States Code, to protect States that have in effect laws or orders with respect to pay-to-play reform, and for other purposes. 1. Short title This Act may be cited as the State Ethics Law Protection Act of 2013 2. Pay-to-play reform Section 112 of title 23, United States Code, is amended by adding at the end the following: (h) Pay-to-Play reform A State transportation department shall not be considered to have violated a requirement of this section solely because the State in which that State transportation department is located, or a local government within that State, has in effect a law or an order that limits the amount of money an individual or entity that is doing business with a State or local agency with respect to a Federal-aid highway project may contribute to a political party, campaign, candidate, or elected official. .

State Ethics Law Protection Act of 2013

Due Process and Military Detention Amendments Act of 2013 - Amends the National Defense Authorization Act for Fiscal Year 2012 (such Act) to provide that, in the case of a person detained in the United States pursuant to the Authorization for Use of Military Force or such Act, disposition under the law of war shall occur immediately upon custody and shall only mean transfer for trial and proceedings with all due process rights as provided under the Constitution. Prohibits any person detained, captured, or arrested in the United States or a U.S. territory or possession from being transferred to the custody of the Armed Forces for detention under the Authorization for Use of Military Force or such Act. Repeals the requirement of detention in military custody pending disposition under the law of war for an individual determined to be a member or part of al Qaeda or an associated force who has participated in planning or carrying out an attack or attempted attack against the United States or its coalition partners.

To clarify the disposition of covered persons detained in the United States pursuant to the Authorization for Use of Military Force, and for other purposes. 1. Short title This Act may be cited as the Due Process and Military Detention Amendments Act of 2013 2. Disposition of covered persons detained in the United States pursuant to the Authorization for Use of Military Force Section 1021 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 10 U.S.C. 801 (1) in subsection (c), by striking The disposition Except as provided in subsection (g), the disposition (2) by adding at the end the following new subsections: (g) Disposition of covered persons detained in the United States (1) Persons detained pursuant to this Act or the Authorization for Use of Military Force In the case of a covered person who is detained in the United States pursuant to this Act or the Authorization for Use of Military Force, disposition under the law of war shall occur immediately upon the person coming into custody of the United States Government and shall only mean the immediate transfer of the person for trial and proceedings with all the due process rights as provided for under the Constitution of the United States. (2) Prohibition on transfer to military custody No person detained, captured, or arrested in the United States, or a territory or possession of the United States, may be transferred to the custody of the Armed Forces for detention under this Act or the Authorization for Use of Military Force. (h) Rule of construction This section shall not be construed to authorize the detention of a person within the United States, or a territory or possession of the United States, under this Act or the Authorization for Use of Military Force. . 3. Repeal of requirement for military custody (a) Repeal Section 1022 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1563; 10 U.S.C. 801 (b) Conforming amendment Section 1029(b) of such Act (125 Stat. 1570) is amended by striking applies to any other person applies to any person

Due Process and Military Detention Amendments Act of 2013

Veterans Benefits Claims Faster Filing Act - Directs the Secretary of Veterans Affairs (VA) to post in a conspicuous place in each VA regional office and claims intake facility and on the VA website information on: (1) the average processing time for fully developed and not fully developed VA benefits claims submitted in specified forms, and (2) the percentage of such claims filed by specified methods for which benefits are awarded. Requires the Secretary to notify each person submitting a claim for a VA benefit of such information and of the person's eligibility to receive up to an extra year of benefit payments if the person files a claim that is fully developed. Requires the notice information to be updated at least quarterly.

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide notice of average times for processing claims, and for other purposes. 1. Short title This Act may be cited as the Veterans Benefits Claims Faster Filing Act 2. Department of Veterans Affairs notice of average times for processing claims (a) Public notice The Secretary of Veterans Affairs shall post the information described in subsection (c)— (1) in a conspicuous place in each regional office and claims intake facility of the Department of Veterans Affairs; and (2) on the Internet website of the Department. (b) Notice to applicants The Secretary shall provide to each person who submits a claim for a benefit under a law administered by the Secretary before the person submits such claim— (1) notice of the information described in subsection (c); and (2) notice that the person is eligible to receive up to an extra year of benefits payments if the person files a claim that is fully developed. (c) Information described (1) In general The information described in this subsection is the following: (A) The average processing time of the claims described in paragraph (2). (B) The percentage of each of the following types of submitted claims for benefits under the laws administered by the Secretary of Veterans Affairs for which benefits are awarded: (i) Claims filed by veterans who authorized a veterans service organization to act on the veterans’ behalf under a durable power of attorney. (ii) Claims filed by veterans who authorized a person other than a veterans service organization to act on the veterans’ behalf under a durable power of attorney. (iii) Claims filed by veterans who did not authorize a person to act on the veterans’ behalf under a durable power of attorney. (2) Claims described The claims described in this paragraph are each of the following types of claims for benefits under the laws administered by the Secretary of Veterans Affairs: (A) A fully developed claim that is submitted in standard electronic form. (B) A fully developed claim that is submitted in standard paper form. (C) A claim that is not fully developed that is submitted in standard electronic form. (D) A claim that is not fully developed that is submitted in standard paper form. (E) A claim that is not fully developed that is submitted in non-standard paper form. (3) Update of information The information described in this subsection shall be updated not less frequently than once each fiscal quarter.

Veterans Benefits Claims Faster Filing Act

Undetectable Firearms Modernization Act - Amends the Undetectable Firearms Act of 1988 to: (1) delay the repeal date of such Act for 10 years, and (2) extend the prohibitions against undetectable firearms in such Act to specified firearm receivers and ammunition magazines. Prohibits the manufacture, importation, sale, shipment, delivery, possession, transfer, or receipt of any receiver for a rifle or handgun, or of any ammunition magazine, that: (1) is manufactured by a person who is not a licensed manufacturer, (2) is not as detectable as the Receiver Security Exemplar or the Magazine Security Exemplar by walk-through metal detectors, or (3) does not generate an image that accurately depicts the shape of a receiver or an ammunition magazine when subjected to inspection by airport x-ray machines. Defines "Receiver Security Exemplar" and "Magazine Security Exemplar" as objects fabricated at the direction of the Attorney General that are: (1) constructed, respectively, of 3.7 ounces of material type 17-4 PH stainless steel in a shape resembling the lower receiver for a rifle or handgun, or of 1 ounce of material type 17-4 PH stainless steel in a shape resembling an ammunition magazine; and (2) suitable for testing and calibrating metal detectors. Directs the Attorney General to promulgate regulations to permit the manufacture, importation, sale, shipment, delivery, possession, transfer, or receipt of receivers or magazines that were previously prohibited but that become as detectable as their respective Exemplars in view of advances in weapons detection technology.

To reauthorize the ban on undetectable firearms, and to extend the ban to undetectable firearm receivers and undetectable ammunition magazines. 1. Short title This Act may be cited as the Undetectable Firearms Modernization Act 2. Findings The Congress finds that— (1) according to data from the Federal Bureau of Investigation, 8,583 of the 12,664 murders in the United States in 2011 were committed using a firearm, and more than 57 percent of the murders that occurred in New York State were perpetrated with a firearm; (2) the ability to produce a receiver for a firearm in the home would circumvent a number of laws, because the receiver is the component of the firearm that bears its serial number, as required by regulations; (3) digital manufacturing technologies, including but not limited to computer numerical control mills ( CNC mills 3D printers (4) some commercially available products that utilize digital manufacturing technologies to manufacture objects are able to manufacture these objects using materials that are unable to be detected by traditional metal detectors, and may not present an accurate image on an x-ray. 3. Reauthorization of ban on undetectable firearms Section 2(f)(2) of the Undetectable Firearms Act of 1988 ( 18 U.S.C. 922 25 35 4. Ban extended to undetectable firearm receivers made by individuals Section 922(p) of title 18, United States Code, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking It shall be unlawful It shall be unlawful— (B) by striking subparagraphs (A) and (B) and inserting the following: (A) for any person to manufacture, import, sell, ship, deliver, possess, transfer, or receive any firearm— (i) that, after removal of grips, stocks, and magazines, is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar; or (ii) any major component of which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component, except that barium sulfate or other compounds may be used in the fabrication of the component; and (B) for any person— (i) to import, sell, ship, deliver, possess, transfer, or receive any receiver for a rifle, or receiver for a handgun, manufactured by a person who is not a licensed manufacturer— (I) that is not as detectable as the Receiver Security Exemplar for a rifle or for a handgun, as the case may be, by walk-through metal detectors calibrated and operated to detect that Receiver Security Exemplar; or (II) which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the receiver, except that barium sulfate or other compounds may be used in the fabrication of the receiver; or (ii) who is not a licensed manufacturer to manufacture any receiver for a rifle, or receiver for a handgun, described in subclause (I) or (II) of clause (i). ; (2) in paragraph (2)— (A) by striking and (B) by striking the period at the end of subparagraph (C) and inserting ; and (C) by adding at the end the following: (D) the term Receiver Security Exemplar (i) constructed of, during the 12-month period beginning on the date of the enactment of this subparagraph, 3.7 ounces of material type 17–4 PH stainless steel in a shape resembling the lower receiver for a rifle or for a handgun, as the case may be; and (ii) suitable for testing and calibrating metal detectors: Provided however Receiver Security Exemplar ; (3) in paragraph (3)— (A) by inserting or receiver firearm (B) by inserting or receivers firearms (4) in each of paragraphs (4) and (5), by inserting or receiver firearm (5) in paragraph (6)— (A) by striking with respect to any firearm (A) any firearm ; (B) by striking the period and inserting ; or (C) by adding at the end the following: (B) any receiver manufactured in, imported into, or possessed in the United States before the date of the enactment of the Undetectable Firearms Modernization Act . 5. Ban extended to undetectable ammunition magazines made by individuals Section 922(p) (1) in paragraph (1)— (A) by striking and (B) by striking the period at the end of subparagraph (B)(ii) and inserting ; and (C) by adding at the end the following: (C) for any person— (i) to import, sell, ship, deliver, possess, transfer, or receive any ammunition magazine, manufactured by a person who is not a licensed manufacturer— (I) that, after removal of the spring and follower, is not as detectable as the Magazine Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Magazine Security Exemplar; or (II) which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the magazine; or (ii) who is not a licensed manufacturer to manufacture any ammunition magazine described in subclause (I) or (II) of clause (i). ; (2) in paragraph (2)— (A) by striking and (B) by striking the period at the end of subparagraph (D) and inserting ; and (C) by adding at the end the following: (E) the term Magazine Security Exemplar (i) constructed of, during the 12-month period beginning on the date of the enactment of this subparagraph, 1 ounce of material type 17–4 PH stainless steel in a shape resembling an ammunition magazine; and (ii) suitable for testing and calibrating metal detectors: Provided however Magazine Security Exemplar ; (3) in paragraph (3)— (A) by striking firearm or receiver firearm, receiver, or ammunition magazine (B) by striking firearms or receivers firearms, receivers, or ammunition magazines (4) in each of paragraphs (4) and (5), by striking firearm or receiver firearm, receiver, or ammunition magazine (5) in paragraph (6)(B), by inserting or ammunition magazine receiver

Undetectable Firearms Modernization Act

Small Business Job Creation Act - Amends the Internal Revenue Code to allow an employer a credit against payroll tax liability equal to 10% of the increase of such employer's payroll in a calendar quarter over a corresponding quarter in the previous calendar year. Limits the total credit amount available for all quarters to $500,000. Denies such credit to any employer with 100 or more employees unless such employer shows an increase in payroll exceeding 3% in a calendar quarter. Directs the Commissioner of Internal Revenue to: (1) notify all employers required to withhold employment taxes of the enactment and applicability of this Act, and (2) report to Congress on enforcement measures taken to prevent and penalize fraud related to the payroll tax credit allowed by this Act.

To amend the Internal Revenue Code of 1986 to provide a credit for increasing payroll. 1. Short title This Act may be cited as the Small Business Job Creation Act 2. Employer payroll increase credit (a) In general Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 6433. Employer payroll increase credits (a) In general Each qualified employer shall be treated as having made a payment against the tax imposed by section 3111(a) or section 3221(a), whichever is applicable, for each qualified quarter in an amount equal to the credit amount. (b) Credit amount For purposes of this section, the credit amount with respect to any qualified quarter is equal to 10 percent of the qualified payroll increase of such employer for such qualified quarter. (c) Dollar limitation The total credit amount with respect to any employer shall not exceed $500,000 for all qualified quarters. (d) Qualified employer For purposes of this section, the term qualified employer (e) Qualified payroll increase For purposes of this section— (1) In general The term qualified payroll increase (2) Qualified payroll The term qualified payroll (3) Railway labor In the case of remuneration subject to the tax imposed by section 3221(a), paragraph (1) shall be applied by substituting all compensation (within the meaning of section 3231(e)) all wages (within the meaning of section 3121(a)) (4) Special rule for large employers In the case of an employer that employs 100 or more employees during the qualified quarter, no qualified payroll increase shall be taken into account for such qualified quarter unless the qualified payroll increase with respect to such qualified quarter exceeds 3 percent of the qualified payroll for such quarter of the calendar year preceding the year in which such qualified quarter falls. (f) Qualified quarter For purposes of this section, the term qualified quarter (1) the calendar quarter which includes the date of the enactment of the Small Business Job Creation Act (2) each of the 3 calendar quarters following such quarter. (g) Definitions Except as provided in subsection (h)(1), any term used in this section which is also used in section 3111 has the same meaning as when used in such section. (h) Special rules For purposes of this section— (1) Employee The term employee (2) Maintenance of base employment requirement This section shall not apply to any qualified employer for any qualified quarter if the total number of employees of such employer during such quarter is less than the total number of such employees during the quarter preceding such quarter, determined by not taking into account any employee who is a seasonal employee during such preceding quarter. (3) Controlled groups All employers treated as a single employer under section (a) or (b) of section 52 shall be treated as a single employer for purposes of the dollar limitation under subsection (c), except that any employer which is not an American employer shall not be taken into account. (4) New employers (A) In general In the case of a qualified employer which comes into existence after the date of the enactment of the Small Business Job Creation Act (i) the term qualified quarter (I) the first calendar quarter for which such qualified employer is in existence, and (II) each of the 3 quarters following such quarter, (ii) the qualified payroll increase of such employer for the quarter described in clause (i)(I) shall be equal to the amount of the employer's qualified payroll for such quarter, and (iii) the qualified payroll increase of such employer for any quarter described in clause (i)(II) shall be the amount, if any, by which the employer's qualified payroll for such quarter exceeds the qualified payroll of the quarter preceding such quarter. (B) Transition rule (i) In general In the case of a qualified employer which comes into existence— (I) after the last day of the calendar quarter which is 5 calendar quarters before the date of the enactment of the Small Business Job Creation Act (II) before such date of enactment, the qualified payroll increase of such employer for any transition quarter shall be the amount, if any, by which the employer's qualified payroll for such quarter exceeds the qualified payroll of the quarter preceding such quarter. (ii) Transition quarter For purposes of clause (i), the term transition quarter . (b) Clerical amendment The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 6433. Employer payroll increase credits. . (c) Notification Not later than 30 days after the date of the enactment of this Act, the Commissioner of Internal Revenue shall notify all employers required to withhold employment taxes under chapter 21 or 22 of the Internal Revenue Code of 1986 of the enactment and applicability of section 6433 of the Internal Revenue Code of 1986, as added by this Act. (d) Investigation and report on enforcement actions Not later than 6 months after the date of the enactment of this Act, and quarterly thereafter, the Commissioner of Internal Revenue shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on the enforcement measures taken to prevent and penalize fraud related to section 6433 (1) general statistics related to the application of such section, (2) cases of fraud, and (3) the status of investigatory and prosecutorial actions related to such cases. (e) Effective date The amendments made by subsections (a) and (b) shall apply to calendar quarters beginning with the calendar quarter which includes the date of the enactment of this Act.

Small Business Job Creation Act

Congressional Tribute to Constance Baker Motley Act of 2013 - Authorizes the President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Constance Baker Motley (civil rights attorney at the National Association for the Advancement of Colored People Legal Defense and Educational Fund, Inc., first African-American woman elected to the New York State Senate, and Chief Judge on the U.S. District Court for the Southern District of New York), in recognition of her enduring contributions and service to the United States.

To posthumously award a congressional gold medal to Constance Baker Motley. 1. Short title This Act may be cited as the Congressional Tribute to Constance Baker Motley Act of 2013 2. Findings Congress finds the following: (1) Constance Baker Motley was born in 1921, in New Haven, Connecticut, the daughter of immigrants from the Caribbean island of Nevis. (2) In 1943, Constance Baker Motley graduated from New York University with a Bachelor of Arts degree in economics. (3) Upon receiving a law degree from Columbia University in 1946, Constance Baker Motley became a staff attorney at the National Association for the Advancement of Colored People Legal Defense and Educational Fund, Inc. (in this Act referred to as the LDF (4) Constance Baker Motley was the only female attorney on the LDF legal team that won the landmark desegregation case, Brown v. Board of Education, 347 U.S. 483 (1954). (5) Constance Baker Motley argued 10 major civil rights cases before the Supreme Court, winning all but one, including the case brought on behalf of James Meredith challenging the refusal of the University of Mississippi to admit him. (6) Constance Baker Motley’s only loss before the United States Supreme Court was in Swain v. Alabama, 380 U.S. 202 (1965), a case in which the Supreme Court refused to proscribe race-based peremptory challenges in cases involving African-American defendants, and which was later reversed in Batson v. Kentucky, 476 U.S. 79 (1986), on grounds that were largely asserted by Constance Baker Motley in the Swain case. (7) In 1964, Constance Baker Motley became the first African-American woman elected to the New York State Senate. (8) In 1965, Constance Baker Motley became the first African-American woman, and the first woman, to serve as president of the Borough of Manhattan. (9) Constance Baker Motley, in her capacity as an elected public official in New York, continued to fight for civil rights, dedicating herself to the revitalization of the inner city and improvement of urban public schools and housing. (10) In 1966, Constance Baker Motley was appointed by President Lyndon B. Johnson as a judge on the United States District Court for the Southern District of New York. (11) The appointment of Constance Baker Motley made her the first African-American woman, and only the fifth woman, appointed and confirmed for a Federal judgeship. (12) In 1982, Constance Baker Motley was elevated to Chief Judge of the United States District Court for the Southern District of New York, the largest Federal trial court in the United States. (13) Constance Baker Motley assumed senior status in 1986, and continued serving on the United States District Court for the Southern District of New York with distinction for nearly 2 decades. (14) Constance Baker Motley passed away on September 28, 2005, and is survived by her husband Joel Wilson Motley, Jr., their son, Joel Motley III, her 3 grandchildren, her brother, Edmund Baker of Florida, and her sisters Edna Carnegie, Eunice Royster, and Marian Green, of New Haven, Connecticut. 3. Congressional gold medal (a) Presentation authorized The President pro tempore of the Senate and the Speaker of the House of Representatives are authorized to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Constance Baker Motley, in recognition of her enduring contributions and service to the United States. (b) Design and striking For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the Secretary 4. Duplicate medals Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 5. National medals (a) National medal The medal struck under section 3 is a national medal for purposes of chapter 51 (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all duplicate medals struck under section 4 shall be considered to be numismatic items. 6. Authority to use fund amounts; Proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the cost of the medals struck under this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund.

Congressional Tribute to Constance Baker Motley Act of 2013

America's Agricultural Heritage Partnership Reauthorization Act - Amends the Omnibus Parks and Public Lands Management Act of 1996 to extend the Secretary of Agriculture's (USDA) authority to make grants or provide assistance to the America's Agricultural Heritage Partnership (Iowa).

To reauthorize the America's Agricultural Heritage Partnership in the State of Iowa. 1. Short title This Act may be cited as the America's Agricultural Heritage Partnership Reauthorization Act 2. Reauthorization of the America's Agricultural Heritage Partnership Section 707 of division II of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 461 note; Public Law 104–333 September 30, 2013 September 30, 2023

America's Agricultural Heritage Partnership Reauthorization Act

Building a Health Care Workforce for the Future Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to award matching grants to enable states to implement scholarship programs to ensure an adequate supply of health professionals. Authorizes the Secretary to award grants to assist medical schools in developing and strengthening primary care mentorship programs and cultivating leaders in primary care among its students. Requires the Secretary to award grants to medical and other health professions schools to promote priority competencies that are selected annually by the Advisory Committee on Training in Primary Care Medicine and Dentistry, in order to foster curricular innovations to improve the education and training of health care providers. Directs the Institute of Medicine to study the documentation requirements for cognitive services (evaluation and management services) required under Medicare and Medicaid and through private health insurers.

To amend the Public Health Service Act to help build a stronger health care workforce. 1. Short title This Act may be cited as the Building a Health Care Workforce for the Future Act 2. Grants to States for scholarship programs Subpart III of part D of title III of the Public Health Service Act ( 42 U.S.C. 254l et seq. 338N. Grants to States for scholarship programs (a) In general The Secretary shall award grants to eligible States to enable such States to implement scholarship programs to ensure, with respect to the provision of health services, an adequate supply of physicians, dentists, behavioral and mental health professionals, certified nurse midwives, certified nurse practitioners, physician assistants, and pharmacists or other health profession as determined by the Secretary. (b) Eligible States To be eligible to receive a grant under this section, a State shall submit to the Secretary an application containing such information as the Secretary determines necessary to carry out this section. (c) Eligible participants To be eligible to participate in a scholarship program carried out with a grant received under this section, an individual shall— (1) be accepted for enrollment, or be enrolled, as a full-time student— (A) in an accredited (as determined by the Secretary) educational institution in a State; and (B) in a course of study or program, offered by such institution and approved by the Secretary, leading to a degree in medicine, dentistry, school of pharmacy, other health profession designated by the Secretary, nursing college, or an appropriate degree from a graduate program of behavioral and mental health; (2) submit to the State, an application to participate in the program; and (3) sign and submit to the State, at the time of the submission of the application under paragraph (2), a written contract that requires the individual to— (A) accept payments under the scholarship; (B) maintain a minimum level of academic standing during the period of the scholarship, as determined by the Secretary; (C) if applicable, complete an accredited residency training program; (D) become licensed in the applicant’s State of residence; and (E) serve as a provider for 1 year in— (i) a health professional shortage area (as defined by the National Health Service Corps under section 332); (ii) a medically underserved area (as defined for purposes of section 330); or (iii) any other shortage area defined by the State and approved by the Secretary; in the applicant's State of residence for every year in which the applicant received a scholarship. (d) Designation of areas To be eligible to receive a grant under this section, a State shall adequately demonstrate to the Secretary that the State has designated appropriate health professions or specialty shortage areas. (e) Required disclosures In disseminating application and contract forms to individuals desiring to participate in a scholarship program funded under this section, the State shall include with such forms a summary of the rights and liabilities of an individual whose application is approved (and whose contract is accepted), including a clear explanation of the damages to which the State is entitled in the case of the individual’s breach of the contract. (f) Awarding of contracts (1) In general A State that enters into a contract with an individual under subsection (c)(3) shall, with respect to the program in which the individual is enrolled, agree to pay— (A) all tuition and costs associated with the program; (B) any other reasonable educational expenses, including fees, books, and laboratory expenses, related to the program; and (C) a cost-of-living stipend in an amount to be determined the Secretary. (2) Consideration by State In entering into contracts with individuals that meet the requirements of subsection (c), the State shall consider the extent of the applicant's demonstrated interest in the provision of care services in a particular provider shortage area. (g) Matching funds A State receiving a grant under this section shall, with respect to the costs of making payments on behalf of individuals under the scholarship program implemented by the State under the grant, make available (directly or through donations from public or private entities) non-Federal contributions in cash toward such costs in an amount equal to not less than $1 for each $1 of Federal funds provided under the grant. (h) Direct administration by State agency The scholarship program of any State receiving a grant under this section shall be administered directly by a State agency. (i) Report by Secretary Not later than 4 years after the date of enactment of this section, and every 5 years thereafter, the Secretary shall submit to Congress a report concerning— (1) the number of scholarships awarded under the State scholarship program; (2) the number of scholarship recipients, broken down by practice area, serving in the profession originally awarded a scholarship for 1 year after the completion of the service period required under subsection (c)(3)(E); (3) the number of scholarship recipients, broken down by provider type, practicing in an underserved area 1 year after the completion of the service period required under subsection (c)(3)(E); (4) data on any changes in health professional shortage areas or medically underserved areas within the State; (5) remaining gaps in such health professional shortage areas or medically underserved areas; (6) the number of additional full-time physicians that would be required to eliminate such health professional shortage areas or medically underserved areas in the State; (7) the number of individuals who received a scholarship but failed to comply with its requirements; (8) the action taken by the State to recoup scholarship funds in the case of any non-compliance; and (9) recommendations to improve the program under this section. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section, $20,000,000 for each of fiscal years 2014 through 2018. Not less than 50 percent of the amount appropriated for a fiscal year under this subsection shall be used to provide scholarships to providers who intend on pursuing careers in primary care. . 3. Increasing mentoring and transforming competencies in primary care Title VII of the Public Health Service Act is amended by inserting after section 747A ( 42 U.S.C. 293k–1 747B. Developing effective primary care mentors and improving mentorship opportunities for medical students (a) Grants To cultivate primary care mentors and improve primary care mentorship opportunities for medical students The Secretary may award grants to eligible medical schools to assist such schools in developing and strengthening primary care mentorship programs and cultivating leaders in primary care among students. (b) Eligibility To be eligible to receive a grant under this section, an entity shall— (1) be an accredited medical school or college of osteopathic medicine; and (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including an assurance that the applicant will use amounts received under the grant to— (A) establish or enhance existing mentorship programs, including— (i) incentivizing medical school faculty (through financial or other reward systems) to participate as a mentor of other primary care physician faculty members and students; (ii) providing resources for aspiring mentors to participate in workshops or other learning experiences in which primary care physicians can learn about effective strategies in primary care mentoring; (iii) enabling successful primary care mentors on medical school faculty to spend time at another institution where they can promote best practices in mentoring primary care leaders and students; and (iv) developing web-based resources for mentors to interact regularly and share successful strategies; or (B) cultivate interest and leaders in primary care among students, including— (i) offering students that identify interest in primary care upon matriculation, longitudinal experiences in primary care to care for and track the health and wellness of patients throughout medical school; (ii) arranging partnerships with private practices, insurers, schools of public health, public health departments, and community-based service projects with the goal of providing students with the opportunity to interact with primary care mentors from a variety of health care settings; (iii) providing stipends or other forms of financial resources to students who work with designated mentors in the field of primary care in underserved urban and rural communities; and (iv) supporting opportunities for students to engage in practice redesign or other efforts in which primary care physicians are taking a leadership role in delivery system reform. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section, $20,000,000 for each of fiscal years 2014 through 2020. 747C. Developing and promoting new competencies (a) Grants To develop and promote new competencies In order to foster curricular innovations to improve the education and training of health care providers, the Secretary shall award grants to medical and other health professions schools to promote priority competencies (as described in subsection (b)). (b) Priority competencies In awarding grants under subsection (a), the Secretary, acting through the Advisory Committee on Training in Primary Care and Dentistry, shall select an annual competency to direct the awarding of such grants. Such annual competencies may include— (1) patient-centered medical homes; (2) chronic disease management; (3) integration of primary care and mental health care; (4) integration of primary care, public and population health, and health promotion; (5) cultural competency; (6) domestic violence; (7) improving care in medically undeserved areas; and (8) team-based care. (c) Grant recipients The Secretary may award grants under subsection (a) to programs that provide education or training for— (1) physicians; (2) dentists and dental hygienists; (3) physician assistants; (4) mental and behavioral health providers; (5) public and populations health professionals; or (6) pharmacists. (d) Consideration in evaluating grant applications The Secretary shall give consideration to applicants that are proposing to partner with other medical programs, health professions programs, or nursing programs. (e) Grantee reports The recipient of a grant under this section shall, not later than 180 days after the end of the grant period involved, submit to the Advisory Committee, a report on the following (where appropriate): (1) A description of how the funding under the grant was used by the grantee. (2) A description of the intended goal of such funding. (3) A description of the challenges faced by the grantee in reaching the goal described in paragraph (2). (4) A description of the lessons learned by the grantee related to the grant activities. (f) Recommendations of the Advisory Committee The Advisory Committee, based on the information submitted under subsection (d), shall annually report to the Secretary on outcomes of the activities carried out under grants under this section, including specific recommendations for scaling up innovations to promote education and training of health care providers in the priority competencies described in subsection (b). (g) Authorization of appropriations There are authorized to be appropriated, $10,000,000 for each of fiscal years 2014 through 2018 to carry out this section. . 4. Study on documentation requirements for cognitive service Not later than 3 years after the date of enactment of this Act, the Institute of Medicine shall conduct a study, and submit a report to Congress, concerning the documentation requirements for cognitive services (evaluation and management services) required under the Medicare and Medicaid programs under titles XVIII and XIX of the Social Security Act, and through private health insurers. Such study shall include an evaluation of— (1) how documentation requirements designed for paper-based records should be modified for electronic records; (2) whether or not the documentation requirements are overly burdensome on physicians and detract from patient care; (3) the administrative costs to physician practices of the current documentation requirements; (4) the average amount of time required by physicians to document cognitive services; (5) options to more appropriately compensate physicians for evaluation and management of patient care without requiring excessive documentation of cognitive services; and (6) recommendations for less burdensome alternatives or changes to existing documentation requirements of cognitive services.

Building a Health Care Workforce for the Future Act

Invasive Fish and Wildlife Prevention Act - Authorizes any person, entity, or the Director of the United States Fish and Wildlife Service to propose the regulation of nonnative wildlife taxa. Requires the Director to determine whether the proposal should be approved within 180 days. Requires the Director to promulgate regulations to: (1) specify the criteria for regulating a nonnative taxon as an Injurious I taxon or Injurious II taxon that is injurious to humans, agriculture, horticulture, forestry, wildlife, or wildlife resources; (2) establish a process for assessing and analyzing the risks of taxa that may have been imported into or found in interstate commerce; and (3) designate a wildlife taxon that was previously designated as injurious by statute or the Secretary of the Interior as an Injurious I or Injurious II taxon. Requires the Secretary, not later than three years after enactment of this Act, to: (1) define the phrase "non-native wildlife taxa novel to the United States"; (2) establish a process to ensure that all such taxa are thereafter reviewed by the Director to determine whether they should be regulated as Injurious I or Injurious II taxa prior to allowing their importation; and (3) seek to avoid, in promulgating such regulation, creating a new incentive for animal importers to import novel taxa prior to the effective date of such regulation. Requires the Director, prior to designating a taxon as an Injurious I or Injurious II taxon, to prepare a risk determination. Authorizes the Director to immediately and temporarily designate a nonnative wildlife taxon as Injurious I if an emergency exists because such unregulated taxon poses an imminent threat of harm to individuals in, or wildlife of, the United States or to the U.S. economy or environment. Requires the Director to: (1) establish an electronic, publicly available database that describes all quantities of imports of all live wildlife and the regulatory status of such wildlife; (2) monitor and report on the identities and quantities of nonnative wildlife taxa being imported; and (3) make more rapid determinations on proposals for regulation of importations or shipments of injurious mammals, birds, fish, amphibia, and reptiles under the Lacey Act by requiring the Secretary to forego time-consuming optional administrative steps that are not essential and by authorizing the Secretary to forego economic impact analyses. Gives the Secretary the primary authority to prevent the importation of, and interstate commerce in, wildlife pathogens and harmful parasites. Requires the Secretary to promulgate regulations to impose import restrictions to prevent the importation of, and commerce in, such pathogens and parasites. Establishes exemptions to such requirement. Prohibits any person from: (1) importing or knowingly possessing such an Injurious I or Injurious II taxon, or the descendant of such an animal, that was imported in violation of this Act; (2) engaging in interstate commerce for or knowingly possessing such an animal that was transported in interstate commerce in violation of this Act; and (3) releasing any such taxon into the wild. Sets forth exemptions from such prohibitions. Authorizes the Director to issue permits to qualified institutions to authorize actions otherwise prohibited for such taxon. Establishes civil and criminal penalties for violations of this Act. Requires the Secretary to adopt a fee to be charged on imported live wildlife shipments, excluding shipments made by qualified institutions for scientific, veterinary, or medical research, education, conservation outreach, or display purposes. Establishes the Injurious Wildlife Prevention Fund to carry out this Act.

To establish an improved regulatory process for injurious wildlife to prevent the introduction and establishment in the United States of nonnative wildlife and wild animal pathogens and parasites that are likely to cause harm. 1. Short title This Act may be cited as the Invasive Fish and Wildlife Prevention Act 2. Purpose The purpose of this Act is to establish an improved regulatory process for injurious wildlife to prevent the introduction and establishment in the United States of nonnative wildlife and wild animal pathogens and parasites that are likely to cause— (1) economic or environmental harm; or (2) harm to humans or animal health. 3. Definitions In this Act: (1) Approved wildlife sanctuary The term approved wildlife sanctuary (A) (i) is a corporation that is exempt from taxation under section 501(a) of the Internal Revenue Code 1986 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of that Code; (ii) does not commercially trade in animals regulated under this Act, including offspring, parts, and byproducts of those animals; and (iii) does not propagate animals regulated under this Act; and (B) meets any additional criteria that the Service determines are necessary and consistent with the purpose of this Act. (2) Aquatic nuisance species task force The term Aquatic Nuisance Species Task Force 16 U.S.C. 4702 (3) Director The term Director (4) Fund The term Fund (5) Import The term import (6) Indian tribe The term Indian tribe 25 U.S.C. 450b (7) National invasive species council The term National Invasive Species Council (8) Native The term native (9) Nonnative wildlife taxon (A) In general The term nonnative wildlife taxon (B) Inclusions The term nonnative wildlife taxon (C) Exclusions The term nonnative wildlife taxon (i) any taxon that is— (I) specifically defined or regulated as a plant pest or approved for biological control purposes under the Plant Protection Act ( 7 U.S.C. 7701 et seq. (II) defined or regulated as a threat to livestock or poultry under the Animal Health Protection Act ( 7 U.S.C. 8301 et seq. (ii) any common and clearly domesticated species or subspecies, including— (I) cat (Felis catus); (II) cattle or oxen (Bos taurus); (III) chicken (Gallus gallus domesticus); (IV) common canary (Serinus canaria domesticus); (V) dog (Canis lupus familiaris); (VI) donkey or ass (Equus asinus); (VII) domesticated members of the family Anatidae (geese); (VIII) duck (domesticated Anas spp.); (IX) domesticated ferret (Mustela furo); (X) gerbil (Meriones unguiculatus); (XI) goat (Capra aegagrus hircus); (XII) guinea pig or Cavy (Cavia porcellus); (XIII) goldfish (Carassius auratus auratus); (XIV) domesticated hamsters (Cricetulus griseus, Mesocricetus auratus, Phodopus campbelli, Phodopus sungorus, and Phodopus roborovskii); (XV) horse (Equus caballus); (XVI) llama (Lama glama); (XVII) mule or hinny (Equus caballus x E. asinus); (XVIII) pig or hog (Sus scrofa domestica); (XIX) domesticated varieties of rabbit (Oryctolagus cuniculus); (XX) sheep (Ovis aries); or (XXI) any other species or subspecies that the Director determines to be common and clearly domesticated. (10) Person The term person (A) an individual, corporation, partnership, trust, association, or other private entity; (B) any officer, employee, agent, department, or instrumentality of the Federal Government, or of any tribal government, or of any State, municipality, or political subdivision of a State, or of any foreign government; and (C) any other entity subject to the jurisdiction of the Federal United States. (11) Qualified institution The term qualified institution (A) for scientific, veterinary, or medical research or education, or a zoo or aquarium accredited by the Association of Zoos and Aquariums; or (B) an approved wildlife sanctuary. (12) Secretary The term Secretary (13) State The term State (A) each of the several States of the United States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; (G) the Federated States of Micronesia; (H) the Republic of the Marshall Islands; (I) the Republic of Palau; and (J) the United States Virgin Islands. (14) United States The term United States (A) the States; and (B) any land and water, including the territorial sea and the Exclusive Economic Zone, within the jurisdiction or sovereignty of the Federal Government. 4. Proposals for regulation of nonnative wildlife taxa (a) Proposals Any person or entity, or the Director, at the discretion of the Director, may propose the regulation of, or revised regulation of, 1 or more taxa. (b) Information A proposal by a person or agency should include adequate information to allow the Director to determine whether the taxon meets the criteria for designation as Injurious I or Injurious II under section 5(a)(1)(A). (c) Public and agency comment (1) In general Upon receipt of a proposal that the Director determines to be complete, and for any proposal the Director elects to prepare, the Director shall publish notice of the proposal in the Federal Register and provide an opportunity for at least 60 days of public comment. (2) Regulations for complete proposals Not later than 180 days after the date of enactment of this Act, the Secretary, acting through the Director, shall promulgate regulations on the criteria for complete proposals. (d) Determination Not later than 180 days after the date of publication of a proposal under subsection (c), or as soon thereafter as is feasible, the Director shall make a determination as to whether the proposal should be approved or disapproved. (e) Notice of determination The Director shall— (1) publish in the Federal Register notice of the determination made under subsection (d); and (2) make the basis for the determination available on a publicly available Federal Internet site. 5. Scientific risk assessment and risk determination regulations (a) Assessment and determination (1) In general The Secretary, acting through the Director, shall promulgate regulations— (A) to further specify the criteria for regulating a nonnative wildlife taxon as— (i) an Injurious I taxon, which shall be a taxon— (I) that the Director determines— (aa) to be injurious to human beings, the interests of agriculture, horticulture, or forestry, or wildlife or wildlife resources of the United States; and (bb) to have a high degree of potential harm and is a taxon with which qualified institutions have not previously had significant experience in maintaining successfully in captivity and preventing escapes or releases; and (II) except as provided in section 12, the importation and transportation of which in interstate commerce shall be conducted only pursuant to a permit issued under section 12 to a qualified institution; or (ii) an Injurious II taxon, which shall be a taxon— (I) that the Director determines— (aa) to be injurious to human beings, the interests of agriculture, horticulture, or forestry, or wildlife or wildlife resources of the United States; but (bb) to have a degree of potential for harm that is less than the degree of potential harm of an Injurious I taxon or is a taxon with which qualified institutions have previously had significant experience in maintaining successfully in captivity and preventing escapes or releases; and (II) for which no permit is required if the taxon is— (aa) imported to a qualified institution; (bb) transported in interstate commerce and intrastate commerce to and among qualified institutions; or (cc) held by a qualified institution; (B) to establish a process for assessing and analyzing the risks of taxa that may have been, or foreseeably could be, imported into, or found in interstate commerce within, the United States; and (C) that may also provide for cases in which exceptions or additions to the Injurious I taxon or Injurious II taxon criteria may be necessary to address extraordinary risks. (2) Basis, availability, and review The Director shall— (A) ensure that the risk assessment and risk determination processes conducted under this section are based on sound science; and (B) make the results of each such assessment and determination available to the public. (3) Previously listed taxa Each wildlife taxon previously designated by statute or by the Secretary as injurious under section 42(a) (4) Deadlines (A) Proposed regulations Not later than 1 year after the date of enactment of this Act, the Secretary shall publish in the Federal Register a proposed version of the regulations required under this subsection. (B) Final regulations Not later than 18 months after the date of enactment of this Act, the Secretary shall promulgate final regulations required under this subsection, including a public notification of the process for submission of a proposal under section 4(a). (C) Additional requirement of pre-import risk screening for all taxa novel to the united states (i) In general Not later than 3 years after the date of enactment of this Act, the Secretary shall by regulation— (I) define the phrase non-native wildlife taxa novel to the United States (II) set forth a process to ensure that all unregulated non-native wildlife taxa novel to the United States are thereafter reviewed by the Director prior to allowance of their importation to the United States to determine whether they should be regulated under any of clause (i) or (ii) of paragraph (1)(A). (ii) Avoidance of new incentives In promulgating the regulation under clause (i), the Secretary shall seek to avoid creating a new incentive for animal importers to import novel taxa prior to the effective date of the regulation. (iii) New regulation for imports of taxa novel to the united states Not later than 1 year after the date of promulgation of the regulation under clause (i), the Secretary shall implement the regulation. (b) Scientific risk assessment The regulations promulgated under subsection (a) shall require consideration, in an initial scientific risk assessment of a taxon, of at least— (1) the scientific name and native range of the taxon; (2) whether the taxon has established or spread, or caused harm to the economy, the environment, or the health of other animal species in the United States or in an ecosystem similar to an ecosystem in the United States; (3) whether environmental conditions suitable for the establishment or spread of the taxon exist or will exist in the United States; (4) the likelihood of establishment and spread of the taxon; (5) whether the taxon will cause harm to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States; (6) whether the taxon will damage land, water, or facilities of the National Park System or other public land; (7) the best available scientific risk screening systems or predictive models that apply to the taxon; and (8) other factors important to assessing risks, if any, associated with the taxon, in accordance with the purpose of this Act. (c) Risk determination Prior to designating any nonnative wildlife taxon as an Injurious I taxon or Injurious II taxon under subsection (a), after conducting a risk assessment, the Director shall prepare a risk determination that takes into consideration— (1) the results of the risk assessment; and (2) at a minimum— (A) the capabilities and any efforts of States, local governments, and Indian tribes to address the risks, if any, identified by the Director with respect to the taxon, including the results of any risk assessments conducted for the taxon that are available to the Director; (B) the potential for reduction, mitigation, control, and management of any risks identified; and (C) whether any risks identified already are adequately addressed under other applicable law. (d) Discretionary analysis (1) In general In preparing the risk determination for a taxon, the Director may consider the economic, social, and cultural impacts of a decision on whether to regulate the taxon. (2) Other requirements This section shall satisfy the requirements of, and apply in lieu of any other requirement to complete an analysis under, any other law (including a regulation or Executive order) on economic, social, or cultural impact. (e) Notice and consultation In promulgating regulations under subsection (a), the Director shall notify and consult with, at a minimum— (1) affected States, Indian tribes, qualified institutions, and other stakeholders; (2) the Aquatic Nuisance Species Task Force; (3) the National Invasive Species Council; (4) the Department of Agriculture; (5) the Centers for Disease Control and Prevention; and (6) the National Oceanic and Atmospheric Administration. 6. Emergency temporary designation (a) In general If the Director determines an emergency exists because an unregulated nonnative wildlife taxon poses an imminent threat of harm to individuals in or wildlife of the United States, or the economy or environment of the United States, the Director may immediately temporarily designate the nonnative wildlife taxon as Injurious I in accordance with section 5(a)(1)(A)(i). (b) Notice of temporary designation The Director shall promptly— (1) publish in the Federal Register notice of each temporary designation under this subsection; and (2) make the basis for the designation available on a publicly available Federal Internet site and through other appropriate means. (c) Determination Not later than 1 year after temporarily designating a nonnative wildlife taxon using the emergency authority under this section, the Director shall— (1) make a final determination regarding whether the taxon should be further regulated under either of clause (i) or (ii) of section 5(a)(1)(A); (2) publish notice of that final determination in the Federal Register; and (3) make the basis for the determination available on a publicly available Federal Internet site. (d) Limitation on procedures The procedures under sections 4 and 5 of this Act and section 553 (e) State requests If the Governor of a State requests a temporary emergency designation under this section, the Director shall respond promptly with a written determination on the request. 7. Information on imported animals (a) Improved information The Director shall— (1) not later than 18 months after the date of enactment of this Act, establish an electronic database that describes, using scientific names to the species level (or subspecies level, if applicable), all quantities of imports of all live wildlife, and the regulatory status of the wildlife, in a form that permits that information to be rapidly accessed; and (2) not later than 30 days after the date of importation of wildlife described in paragraph (1), make the information described in that paragraph (other than confidential business information associated with those imports that is protected under other Federal law) available on a publicly available Federal Internet site. (b) Annual report of information Not later than 3 years after the date of enactment of this Act, and not later than each April 1 thereafter, the Director shall issue, including on a publicly available Federal Internet site, a report that includes, at a minimum, a description of— (1) all nonnative wildlife imported, using scientific names of the wildlife to the species or subspecies level, to the extent known; and (2) cumulative quantities of imported wildlife and the regulatory status of the wildlife. (c) Monitoring import information In consultation with inspection, customs, and border officials in the Departments of Agriculture and Homeland Security, the Director shall regularly— (1) monitor the identities and quantities of nonnative wildlife taxa being imported, with particular emphasis on wildlife newly in the import trade to the United States; and (2) determine, to the maximum extent practicable, whether the newly traded taxa would meet the criteria for regulation, and should be regulated, under any of clause (i) or (ii) of section 5(a)(1)(A). 8. Injurious wildlife determinations (a) In general Immediately upon the date of enactment of this Act, the Secretary shall make more rapid determinations on proposals for regulation of wildlife under section 42 (b) Streamlining of determinations In carrying out subsection (a) and other provisions of this Act, the Secretary— (1) shall use the best available scientific risk screening systems or predictive models that apply to the taxon under consideration; (2) shall forego time-consuming optional administrative steps, unless the Secretary determines the steps to be essential; and (3) notwithstanding chapter 6, and section 804, 9. Effect on injurious wildlife provision This Act and the regulations promulgated under this Act shall take precedence over any conflicting regulation promulgated under section 42 10. Prevention of wildlife pathogens and parasites (a) In general The Secretary shall have the primary authority to prevent, and the primary responsibility for preventing, the importation of, and interstate commerce in, wildlife pathogens and harmful parasites. (b) Regulations (1) In general In addition to regulations required under section 5(a), the Secretary shall promulgate such regulations as are necessary— (A) to minimize the likelihood of introduction or dissemination of any disease or harmful parasite of native or nonnative wildlife; and (B) to impose any additional necessary import restrictions, including management measures, health certifications, quarantine requirements, specifications for conveyances, holding water, and associated materials, shipment and handling requirements, and other measures that the Secretary determines to be necessary— (i) to prevent the importation of, and interstate commerce in, wildlife pathogens and harmful parasites; and (ii) to address— (I) a particular taxon; (II) the place of origin of a particular taxon; and (III) the conveyance and materials associated with wildlife transport. (c) Relationship to other authorities (1) In general Except as provided in paragraph (2), the Secretary shall exclude from regulation under this section any pathogen, parasite, or host taxon that is— (A) defined or regulated by the Department of Health and Human Services as a threat to humans under section 361 of the Public Health Service Act ( 42 U.S.C. 264 (B) defined or regulated by the Department of Agriculture as a threat to livestock or poultry under the Animal Health Protection Act ( 7 U.S.C. 8301 et seq. (C) specifically defined or regulated by the Department of Agriculture as a plant pest or approved for biological control purposes under the Plant Protection Act (7 U.S.C. 7701 et seq.). (2) Exception The Secretary may regulate a pathogen, parasite, or host taxon described in any of subparagraphs (A) through (C) of paragraph (1) to the extent that the taxon also poses a wildlife disease risk. (d) Coordination (1) In general In promulgating regulations under and otherwise carrying out this section and section 7, the Secretary shall consult and coordinate with— (A) other Federal agencies and departments with authority to regulate taxa; (B) State wildlife agencies; (C) State veterinarians; and (D) other officials with related authorities. (2) Consultation by secretary of agriculture In any case in which the Secretary of Agriculture participates in the World Organization for Animal Health, the Secretary of Agriculture shall confer and consult with the Secretary on any matters relating to prevention of wildlife diseases that may threaten the United States. 11. Prohibitions (a) Prohibitions Except as provided in this section or section 12, it shall be unlawful for any person subject to the jurisdiction of the United States— (1) to import into the United States any nonnative wildlife taxon the Director has designated as Injurious I or Injurious II under section 5(a)(1)(A) or under section 6, or to knowingly possess such an animal, or the descendant of such an animal, that was imported in violation of this subsection; (2) to engage in interstate commerce for any nonnative wildlife taxon described in paragraph (1), or to knowingly possess such an animal, or the descendant of an animal, that was transported in interstate commerce in violation of this subsection; (3) to violate any term or condition of a permit issued to a qualified institution under section 12 for a taxon designated as Injurious I under clause (i) of section 5(a)(1)(A) or under section 6; (4) to release into the wild any nonnative wildlife taxon described in paragraph (1); (5) to violate any additional regulation promulgated by the Secretary as necessary to prevent the importation of, and interstate commerce in, wildlife pathogens and harmful parasites under this Act; or (6) to attempt any of the prohibited actions described in paragraphs (1) through (5). (b) Exemption for interstate transportation of animals of later-Regulated taxa (1) In general Except as provided in paragraph (2), an individual animal that was lawfully owned prior to the taxa to which the animal belongs being regulated by the Director under this Act as Injurious II may be transported interstate without a permit by any person for noncommercial purposes only. (2) Exception The exemption under paragraph (1) does not apply to an animal of any taxa designated by the Director as Injurious I. (c) Limitation on Application (1) In general The prohibitions in this section shall not apply to— (A) any action by Federal, State, tribal, or local law enforcement personnel to enforce this section; and (B) any action by Federal, State, tribal, or local officials to prevent the introduction or establishment of nonnative wildlife, or wildlife pathogens or parasites, including actions to transport, hold, and shelter animals of taxa regulated under this Act. (2) Importation and transportation by Federal agencies Nothing in this Act shall restrict the importation or transportation between any States of nonnative wildlife by a Federal agency for the use of the Federal agency if the nonnative wildlife remains in the possession of a Federal agency. (d) Effective date This section takes effect on the date that is 30 days after the date of promulgation of the final regulations under section 5(a). 12. Permits and exemptions for qualified institutions and live animal transporters (a) Permits The Director may issue to a qualified institution a permit under this Act authorizing any of the actions otherwise prohibited under section 11 for any wildlife taxon designated under clause (i) or (ii) of section 5(a)(1)(A) or under section 6. (b) Terms and conditions The Director may include in a permit under subsection (a) terms and conditions to minimize the risk of introduction or establishment of nonnative wildlife, pathogens, and parasites in the United States. (c) Exemption and reporting (1) In general No permit under this Act shall be required for any qualified institution or any live animal transportation company or other live animal transporter that is in temporary possession of an animal delivering it to, or transporting it from, a qualified institution, to import or transport (on an interstate or intrastate basis), or possess or breed, any taxon that the Director has designated as an Injurious II taxon under section 5(a)(1)(A)(ii). (2) Display exemption No permit under this Act shall be required for the import, interstate or intrastate transportation, possession, or breeding of an Injurious I taxon by a qualified zoo or aquarium institution. (3) Exclusions The exemptions described in paragraphs (1) and (2) do not include the transfer of ownership of an Injurious I taxon or the transfer of ownership of an Injurious II taxon to any person or entity other than to another qualified institution. (4) Record Each qualified institution or live animal transporter that imports, transports (on an interstate or intrastate basis), possesses, or breeds any taxa designated as Injurious I or II shall maintain records, subject to annual inspection by the Director, at the discretion of the Director, that summarize the transactions of the qualified institution or live animal transporter for the covered taxa. (d) Regulations; list of qualified institutions The Secretary shall— (1) promulgate regulations to implement this section; and (2) maintain a current roster of designated qualified institutions on a publicly available Federal Internet site and through other appropriate means. (e) Report Not later than March 1 of each year, a qualified zoo or aquarium shall submit to the Director a report on the imports, interstate or intrastate transportation, possession, or breeding of any Injurious I taxon by the qualified zoo or aquarium for the preceding calendar year. 13. User fees (a) Definition of live wildlife shipments In this section, the term live wildlife shipment (b) Reasonable fee Not later than 2 years after the date of enactment of this Act, the Secretary shall propose, and subsequently adopt, by regulation, a reasonable fee to be charged on imported live wildlife shipments for use in recovering a portion of the costs of— (1) improving the information available on the importation and interstate commerce trade of wildlife; (2) monitoring that information under section 7; (3) conducting risk assessments and risk analyses for nonnative wildlife taxa in that trade under sections 4 and 5; (4) making emergency designations under section 6; and (5) preventing wildlife pathogens and parasites under section 10. (c) Cost recovery purpose The purpose of the user fees in this section shall be to recover approximately 75 percent of the costs to the Director for the services listed in subsection (b), after such date as the user fee regulation under subsection (b) is fully implemented and the amounts of the fees received have been appropriated to the Injurious Wildlife Prevention Fund pursuant to section 16(b)(2)(A) for at least one full fiscal year. (d) Fee limit (1) In general The amount of the additional fee to be charged on any live wildlife shipment under this section shall be set by the Secretary only after fully considering public comments on the proposed fee regulation and it shall be charged broadly and fairly across the live wildlife import industry and at the lowest level feasible to achieve the cost recovery purpose in subsection (c). (2) Annual total fee revenue The fees shall be set so that the annual total fee revenue shall not exceed the amount of the annual total fee revenue of the fee charged by the Director under the inspection program of the Director to oversee the importation of live wildlife carried out pursuant to— (A) section 11(f) of the Endangered Species Act of 1973 ( 16 U.S.C. 1540(f) (B) subpart I of part 14 of title 50, Code of Federal Regulations (or successor regulations); and (C) other applicable authority. 14. Relationship to State law (a) Possession of lawfully obtained injurious wildlife taxa For purposes of this Act, possession of lawfully obtained injurious wildlife taxa within a State shall— (1) be a matter of State law; and (2) (A) not be federally regulated; or (B) not require a Federal permit under this Act. (b) Regulations and determinations Except as provided in subsection (c), nothing in this Act, or in the regulations and determinations to be promulgated or issued by the Secretary or the Director under this Act, preempts or otherwise affects the application of any State law that establishes more stringent requirements for— (1) the importation, transportation, possession, sale, purchase, release, breeding of, or bartering for, or any other transaction involving, any nonnative wildlife taxon; or (2) the prevention of wildlife pathogens and harmful parasites. (c) Limitation on Application of prohibitions To prevent release The Director may limit the application of this Act to facilitate implementation of any State, local, or tribal program that results in voluntary surrender of regulated nonnative wildlife, if the Director determines that the limitation will prevent the release of that wildlife. 15. Penalties and sanctions (a) Civil penalties (1) Civil administrative penalties (A) In general Any person who is found by the Secretary, after notice and opportunity for a hearing conducted in accordance with section 554 of title 5, United States Code, to have committed any act prohibited by section 11 shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each violation. (B) Subpoena power For the purposes of conducting any investigation or hearing under this Act, the Secretary may— (i) issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents; and (ii) administer oaths. (2) Civil judicial penalties Any person who violates any provision of this Act, or any regulation promulgated or permit issued under this Act, shall be subject to a civil penalty in an amount not to exceed $500 for each such violation. (b) Criminal offenses Any person who knowingly violates any provision of this Act, or any regulation promulgated or permit issued under this Act, shall, upon conviction, be guilty of a class A misdemeanor. (c) Natural resource damages All costs relating to the mitigation of injury caused by a violation of this Act shall be borne by the person that violated this Act. (d) Enforcement (1) Other powers and authorities Any person authorized by the Secretary to enforce this Act shall have the same authorities as are described in section 6 of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3375 (2) Forfeiture (A) In general A person who is determined to have violated any provision of this Act shall forfeit to the United States— (i) any property, real or personal, taken or retained in connection with or as a result of the offense; and (ii) any property, real or personal, used or intended to be used to commit or to facilitate the commission of the offense. (B) Disposal of property Upon the forfeiture to the United States of any property or item described in clause (i) or (ii) of subparagraph (A), or upon the abandonment or waiver of any claim to any such property or item, the property or item shall be disposed of by the Secretary in a manner consistent with the purpose of this Act. (e) Application of customs laws All powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Customs Service may, for the purpose of this Act, be exercised or performed by the Secretary, or by such officers or employees of the United States as the Secretary may designate. 16. Injurious wildlife prevention fund (a) Establishment There is established in the Treasury of the United States a Fund, to be known as the Injurious Wildlife Prevention Fund (b) Transfers to fund (1) In general The Fund shall consist of such amounts as are appropriated to the Fund under paragraph (2). (2) Fees and penalties There are appropriated to the Fund, out of funds of the Treasury not otherwise appropriated, amounts equivalent to amounts collected— (A) as user fees and received in the Treasury under section 13(a); (B) as civil administrative or judicial penalties under section 15; and (C) as a civil penalty for any violation of section 42 (c) Use of funds (1) In general Of the amounts deposited in the Fund for a fiscal year— (A) 75 percent shall be available to the Secretary for use in carrying out this Act (other than paragraph (2)); and (B) 25 percent shall be used by the Secretary to carry out paragraph (2). (2) Aid for state wildlife risk assessments (A) In general The Secretary shall establish a program to provide natural resource assistance grants to States for use in supporting best practices and capacity-building by States, consistent with the purpose of this Act, for— (i) inspecting and monitoring wildlife imports and interstate commerce; and (ii) conducting assessments of risk associated with the intentional importation of nonnative wildlife taxa. (B) Administration The program under this paragraph shall be administered by the Director under the Federal Aid to States program of the Director. (d) Prohibition Amounts in the Fund may not be made available for any purpose other than a purpose described in subsection (c). (e) Annual reports (1) In general Not later than 60 days after the end of each fiscal year beginning with fiscal year 2014, the Secretary shall submit to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, the Committee on Environment and Public Works of the Senate, and the Committee on Natural Resources of the House of Representatives a report on the operation of the Fund during the fiscal year. (2) Contents Each report shall include, for the fiscal year covered by the report, the following: (A) A statement of the amounts deposited in the Fund. (B) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures. (C) Recommendations for additional authorities to fulfill the purpose of the Fund. (D) A statement of the balance remaining in the Fund at the end of the fiscal year. (f) Separate Appropriations account Section 1105(a) (1) by redesignating paragraphs (35) and (36) as paragraphs (36) and (37), respectively; (2) by redesignating the second paragraph (33) (relating to obligational authority and outlays requested for homeland security) as paragraph (35); and (3) by adding at the end the following: (38) a separate statement for the Injurious Wildlife Prevention Fund established by section 16(a) of the Invasive Wildlife Prevention Act of 2012, which shall include the estimated amount of deposits in the Fund, obligations, and outlays from the Fund. . 17. Relationship to other Federal laws Nothing in this Act— (1) repeals, supersedes, or modifies any provision of— (A) the Public Health Service Act ( 42 U.S.C. 201 et seq. (B) the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. (C) the Plant Protection Act ( 7 U.S.C. 7701 et seq. (D) the Animal Health Protection Act ( 7 U.S.C. 8301 et seq. (E) the Animal Welfare Act ( 7 U.S.C. 2131 et seq. (F) the Endangered Species Act of 1973 (2) authorizes any action with respect to the importation of any plant pest, including a biological control agent, under the Federal Plant Pest Act (7 U.S.C. 150aa et seq.), to the extent that the importation is subject to regulation under that Act. 18. Requirement to promulgate regulations In addition to regulations required under section 5 and other provisions of this Act, the Secretary shall promulgate such regulations as are necessary to carry out this Act.

Invasive Fish and Wildlife Prevention Act

Exchange Sunset Act of 2013 - Amends the Patient Protection and Affordable Care Act to make inapplicable provisions concerning Health Benefit Exchanges if one or more Exchanges fail to accept applications for enrollment in qualified health plans beginning on October 1, 2013. Amends the Internal Revenue Code to terminate the requirement that individuals maintain minimum essential coverage upon such a determination by the Secretary of the Treasury.

To provide that certain requirements of the Patient Protection and Affordable Care Act do not apply if the American Health Benefit Exchanges are not operating on October 1, 2013. 1. Short title This Act may be cited as the Exchange Sunset Act of 2013 2. Nonapplication of the Patient Protection and Affordable Care Act (a) Termination of Exchange requirement Section 1312 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 (i) Failure To offer coverage If one or more Exchanges fails to accept applications for enrollment in qualified health plans beginning on October 1, 2013, the requirements of this section shall cease to apply, and any other provisions of this Act (or an amendment made by this Act) relating to Exchanges shall not be applicable. . (b) Requirement of coverage Section 5000A (h) Termination The provisions of this section shall terminate on October 1, 2013 if the Secretary of the Treasury determines that one or more Exchanges fails to accept applications for enrollment in qualified health plans on such date. .

Exchange Sunset Act of 2013

Rural Veterans Mental Health Care Improvement Act - Amends appropriations authorities for veterans' benefits to provide advanced appropriations for information technology relating to medical services, support, compliance, and facilities of the Veterans Health Administration (VHA). Directs the Secretary of Veterans Affairs (VA) to include, as a component of VHA health-care personnel education and training programs, education and training of marriage and family therapists as well as licensed professional mental health counselors. Amends the Caregivers and Veterans Omnibus Health Services Act of 2010 to require the Secretary, through VA medical centers, to provide mental health services, including outpatient care, to the immediate families of certain veterans returning from Operation Enduring Freedom or Operation Iraqi Freedom. Requires the Secretary to report to Congress regarding telemedicine services (the use by a health care provider of telecommunications to assist in the diagnosis or treatment of a patient's medical condition) for veterans, including updates on VA teleconsultation and telemedicine initiatives, training, and partnerships with primary care providers.

To provide for advance appropriations for certain information technology accounts of the Department of Veterans Affairs, to include mental health professionals in training programs of the Department, and for other purposes. 1. Short title This Act may be cited as the Rural Veterans Mental Health Care Improvement Act 2. Advance appropriations for accounts for health-related information technology for the Department of Veterans Affairs (a) Advance appropriations for information technology accounts Section 117(c) of title 38, United States Code, is amended by adding at the end the following: (4) Accounts, including subaccounts of the Accounts referred to in paragraphs (1) through (3), providing funds for information technology. . (b) Effective date The amendment made by subsection (a) shall take effect on October 1, 2014, and shall apply with respect to fiscal years beginning on or after that date. 3. Inclusion of mental health professionals in the education and training program for health personnel of the Department of Veterans Affairs (a) In general In carrying out the education and training program required under section 7302(a)(1) (b) Funding The Secretary shall apportion funding for the education and training program equally among the professions included in the program. 4. Provision of mental health services for families of certain veterans at facilities of the Department (a) Provision of mental health services at Department facilities Subsection (e) of section 304 of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( 38 U.S.C. 1712A Public Law 111–163 (1) by striking peer outreach and peer support services services (2) by striking The Secretary shall carry out the services (1) the services ; (3) by striking the period at the end and inserting ; and (4) by adding at the end the following new paragraph: (2) the mental health services required by subsection (a)(2) at or through Department medical centers. . (b) Definition of mental health services Such section is further amended by striking subsection (f) and inserting the following: (f) Definitions In this section: (1) Mental health services The term mental health services section 17.38(a)(1)(i) (2) Vet center The term vet center section 1712A . 5. Report on provision of telemedicine services (a) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the following: (1) Issues that may be impeding the provision by the Department of Veterans Affairs of telemedicine services for veterans, including the following: (A) Statutory or regulatory restrictions. (B) Licensure or credentialing issues for any provider practicing telemedicine with veterans who live in a different State than the provider. (C) Limited broadband access in rural areas. (D) Limited information technology resources or capabilities. (E) Long distances veterans must travel to access a facility or clinic with telemedicine capabilities. (F) Insufficient liability protection for providers. (G) Reimbursement issues faced by providers. (H) Travel limitations for providers that are unaffiliated with the Department and are participating or seeking to participate in a telemedicine program of the Department. (2) Actions taken to address the issues identified in paragraph (1). (3) An update on efforts by the Department to carry out the initiative of teleconsultation for the provision of remote mental health and traumatic brain injury assessments required by section 1709A (4) An update on efforts by the Department to offer training opportunities in telemedicine to medical residents, as required by section 108(b) of the Janey Ensminger Act ( Public Law 112–154 38 U.S.C. 7406 (5) An update on efforts by the Department to, in partnership with primary care providers, install video cameras and instruments to monitor weight, blood pressure, and other vital statistics in the homes of patients. (b) Telemedicine defined In this section, the term telemedicine

Rural Veterans Mental Health Care Improvement Act

Understanding the True Cost of College Act of 2013 - Amends the Higher Education Opportunity Act to refer to the Secretary of Education's model institution of higher eduction (IHE) financial aid offer form as the standard form. Requires the standard form to include certain additional items, such as: (1) information concerning work study assistance, including its dependence on the availability of employment opportunities; (2) the disclosure that federal student loans offer generally more favorable terms and repayment options than private education loans; (3) the deadline for and a summary of the financial aid acceptance process; (4) the academic period covered by the offer and whether the aid is based on full-time or part-time enrollment; and (5) the IHE's most recent cohort default rate compared to the national average cohort default rate, if more than 30% of the school's students take out student loans. Requires more detailed information to be included on the form. Includes among those details, with respect to federal education loans, information: (1) identifying the type and amount of loan recommended for the applicable student; (2) clearly indicating that such loans need to be repaid; (3) disclosing the student's right to borrow less than the recommended amount; (4) detailing the interest rates, fees, expected monthly repayment amounts, and sums to be paid over the life of such loans (assuming a ten-year repayment plan); and (5) disclosing the student's possible eligibility for longer repayment terms and that longer repayment terms may result in the student paying more over the life of such loans. Requires that certain steps be taken to improve the clarity of the form and provide recipients with access to additional information. Directs the Secretary, before finalizing the standard form, to submit it to consumer testing among students, their families, IHEs, secondary school and postsecondary counselors, and nonprofit consumer groups. Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each IHE receiving federal financial assistance under the Act to use the standard form in providing written or electronic financial aid offers to students enrolled in, or accepted for enrollment in, the IHE.

To amend the Higher Education Opportunity Act to add disclosure requirements to the institution financial aid offer form and to amend the Higher Education Act of 1965 to make such form mandatory. 1. Short title This Act may be cited as the Understanding the True Cost of College Act of 2013 2. Institution financial aid offer form (a) Institution financial aid offer form Section 484 of the Higher Education Opportunity Act ( 20 U.S.C. 1092 (1) by striking subsection (a) and inserting the following: (a) Standard Format The Secretary of Education, in consultation with the heads of relevant Federal agencies, shall develop a standard format for financial aid offer forms based on recommendations from representatives of students, students’ families, institutions of higher education, secondary school and postsecondary counselors, and nonprofit consumer groups. ; (2) by striking subsection (b) and inserting the following: (b) Key required contents for offer form The standard format developed under subsection (a) shall include, in a consumer-friendly manner that is simple and understandable, the following items clearly separated from each other and listed on the first page of the financial aid offer form in either electronic or written format: (1) Information on the student's cost of attendance based on the most current costs for the academic period covered by the financial aid offer form, including the following: (A) Tuition and fees, as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). (B) Room and board costs, as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). (C) Books and supplies, as determined under section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ll (D) Transportation, as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). (E) Miscellaneous personal expenses, as determined under section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ll (2) The amount of financial aid that the student does not have to repay, such as scholarships, grant aid offered under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), or grant aid offered by the institution, a State, or an outside source to the student for such academic period, including a disclosure that the financial aid does not have to be repaid and whether the student can expect to receive similar amounts of such financial aid for each academic period the student is enrolled at the institution. (3) The net price that the student, or the student's family on behalf of the student, will have to pay for the student to attend the institution for such academic period, equal to— (A) the cost of attendance as described in paragraph (1) for the student for such academic period, minus (B) the amount of financial aid described in paragraph (2) that is included in the financial aid offer form. (4) Work study assistance, including a disclosure that the aid must be earned by the student and a disclosure that the assistance offered is subject to the availability of employment opportunities. (5) The types and amounts of loans under part D or E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. loan (6) Where a student or the student’s family can seek additional information regarding the financial aid offered, including contact information for the institution’s financial aid office and the Department of Education’s website on financial aid. (7) A disclosure that Federal student loans offer generally more favorable terms and beneficial repayment options than private education loans so students should examine available Federal student loan options before applying for private education loans, and an explanation to be written by the Secretary of Education, in consultation with the heads of relevant Federal agencies, of the benefits unique to Federal student loans, including various repayment plans, loan forgiveness, and loan deferment, and the terms to examine carefully if considering a private education loan. (8) The deadline and summary of the process, if any, for accepting the financial aid offered in the financial aid offer form. (9) The academic period covered by the financial aid offer form and a clear indication whether the aid offered is based on full-time or part-time enrollment. (10) With respect to institutions where more than 30 percent of enrolled students borrow loans to pay for their education, the institution’s most recent cohort default rate, as defined in section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)), compared to the national average cohort default rate. (11) Any other information the Secretary of Education, in consultation with the heads of relevant Federal agencies, determines necessary so that students and parents can make informed loan borrowing decisions, including quality metrics such as percentage of students at the institution who take out student loans and average debt at graduation for students at the institution. ; and (3) by adding at the end the following: (c) Other required contents for the offer form The standard format developed under subsection (a) shall also include the following information to be included on the financial aid offer form in a concise format determined by the Secretary of Education, in consultation with the heads of relevant Federal agencies: (1) A concise summary of the terms and conditions of financial aid recommended under paragraphs (2), (4), and (5) of subsection (b), and a method to provide students with additional information about such terms and conditions, such as links to the supplementary information. (2) At the institution’s discretion, additional options for paying for the net amount listed in subsection (b)(3), such as the amount recommended to be paid by the student or student’s family, Federal Direct PLUS Loans under section 455 of the Higher Education Act of 1965 ( 20 U.S.C. 1087e 15 U.S.C. 1650 (A) The availability of, and the student’s potential eligibility for, Federal financial assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). (B) The impact of a proposed private education loan on the student’s potential eligibility for other financial assistance, including Federal financial assistance under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (C) The student’s ability to select a private educational lender of the student’s choice. (D) The student's right to accept or reject a private education loan within the 30-day period following a private educational lender’s approval of a student’s application and a student’s 3-day right-to-cancel period. (E) With respect to dependent students, any reference to private education loans shall be accompanied by information about the recommended family contribution and the availability of, and terms and conditions associated with, Federal Direct PLUS Loans under section 455 of the Higher Education Act of 1965 ( 20 U.S.C. 1087e 20 U.S.C. 1070 et seq. (3) The following disclosures: (A) That the financial aid offer form only contains information for 1 academic period and the financial aid offered in following academic periods may change, unless the institution is offering aid that covers multiple academic periods. (B) How non-institutional scholarships awarded to the student affect the financial aid package offered to the student. (C) A concise summary of any Federal or institutional conditions required to receive and renew financial aid and a method to provide students with additional information about these conditions, such as links to the supplementary information. (d) Additional requirements for financial aid offer form In addition to the requirements listed under subsections (b) and (c), the financial aid offer form shall meet the following requirements: (1) Clearly distinguish between the aid offered in paragraphs (2), (4), and (5) of subsection (b), by including a subtotal for the aid offered in each of such paragraphs and by refraining from commingling the different types of aid described in such paragraphs. (2) Use standard definitions and names for the terms described in subsection (b) that are developed by the Secretary of Education in consultation with the heads of relevant Federal agencies, representatives of institutions of higher education, nonprofit consumer groups, students, and secondary school and higher education guidance counselors, not later than 3 months after the date of enactment of the Understanding the True Cost of College Act of 2013 (3) If an institution’s recommended Federal student loan aid offered in subsection (b)(5) is less than the Federal maximum available to the student, the institution shall provide additional information on Federal student loans, including the types and amounts for which the student is eligible in an attached document or webpage. (4) Use standard formatting and design that the Secretary of Education, in consultation with the heads of relevant Federal agencies, representatives of institutions of higher education, nonprofit consumer groups, students, and secondary school and higher education guidance counselors determine is appropriate to produce multiple draft financial aid offer designs for consumer testing not later than 3 months after the date of enactment of the Understanding the True Cost of College Act of 2013 (A) that figures described in paragraphs (1) through (5) of subsection (b) are in the same font, appear in the same order, and are displayed prominently on the first page of the financial aid offer form whether produced in written or electronic format; and (B) that the other information required in (b) and (c) appears in a standard format and design on the financial aid offer form. (5) Include an attestation that the student has accessed and read the financial aid offer form, if provided to the student in electronic format. (6) Include language developed by the Secretary of Education, in consultation with the heads of relevant Federal agencies, notifying eligible students that they may be eligible for education benefits, and where they can locate more information about such benefits, described in the following provisions: (A) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. (B) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. (C) Section 1784a, 2005, or 2007 of title 10, United States Code. (e) Additional information Nothing in this section shall preclude an institution from supplementing the financial aid offer form with additional information so long as such additional information supplements the financial aid offer form and is not located on the financial aid offer form. (f) Consumer testing (1) In general Not later than 3 months after the date of enactment of the Understanding the True Cost of College Act of 2013 (2) Length of Consumer Testing The Secretary of Education shall ensure that the consumer testing lasts no longer than 6 months after the process for consumer testing is developed under paragraph (1). (3) Use of results The results of consumer testing under paragraph (1) shall be used in the final development of the financial aid offer form. (4) Reporting requirement Not later than 3 months after the date the consumer testing under paragraph (1) concludes, the Secretary of Education shall submit to Congress the final standard financial aid offer form and a report detailing the results of such testing, including whether the Secretary added any additional items to the standard financial aid offer form pursuant to subsection (b)(10). (5) Authority to modify The Secretary of Education may modify the definitions, terms, formatting, and design of the financial aid offer form based on the results of consumer testing required under this subsection and before finalizing the form. . (b) Mandatory form Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the following: 124. Use of mandatory financial aid offer form (a) In general Notwithstanding any other provision of law, each institution of higher education that receives Federal financial assistance under this Act shall use the financial aid offer form developed under section 484 of the Higher Education Opportunity Act (20 U.S.C. 1092 note) in providing written or electronic financial aid offers to students enrolled in, or accepted for enrollment in, the institution. (b) Effective date The requirement under subsection (a) shall take effect 8 months after the Secretary of Education finalizes the offer form developed under section 484(a) of the Higher Education Opportunity Act (20 U.S.C. 1092 note). .

Understanding the True Cost of College Act of 2013

Amends the Steel Industry American Heritage Area Act of 1996 to extend through FY2023 the authority of the Secretary of the Interior to make grants or provide other assistance for the Rivers of Steel National Heritage Area in Pennsylvania. Amends the Lackawanna Valley National Heritage Area Act of 2000 to extend through FY2023 the authority of the Secretary to provide grants or other assistance for the Lackawanna Valley National Heritage Area in Pennsylvania. Amends the Delaware and Lehigh Navigation Canal Heritage Corridor Act of 1988 to extend through FY2023: (1) the authorization of appropriations for the management action plan respecting the Delaware and Lehigh National Heritage Corridor in Pennsylvania, and (2) the authority of the Secretary to provide financial assistance for the Corridor. Amends the Schuylkill River Valley National Heritage Area to extend through FY2023 the authority of the Secretary to make grants or provide other assistance for the Schuylkill River Valley National Heritage Area in Pennsylvania.

To reauthorize the Rivers of Steel National Heritage Area, the Lackawanna Valley National Heritage Area, the Delaware and Lehigh National Heritage Corridor, and the Schuylkill River Valley National Heritage Area. 1. Reauthorization of National Heritage Areas and Corridor (a) Rivers of Steel National Heritage Area Section 408 of the Steel Industry American Heritage Area Act of 1996 ( Public Law 104–333 2013 2023 (b) Lackawanna Valley National Heritage Area Section 108 of the Lackawanna Valley National Heritage Area Act of 2000 ( Public Law 106–278 2013 2023 (c) Delaware and Lehigh National Heritage Corridor Section 12 of the Delaware and Lehigh Navigation Canal National Heritage Corridor Act of 1988 (Public Law 100–692; 102 Stat. 4558; 112 Stat. 3260; 123 Stat. 1293; 127 Stat. 420) is amended— (1) in subsection (c)(1), by striking 2013 2023 (2) in subsection (d), by striking 2013 2023 (d) Schuylkill River Valley National Heritage Area Section 209 of the Schuylkill River Valley National Heritage Area Act ( Public Law 106–278 the date that is 15 years after the date of enactment of this title September 30, 2023

A bill to reauthorize the Rivers of Steel National Heritage Area, the Lackawanna Valley National Heritage Area, the Delaware and Lehigh National Heritage Corridor, and the Schuylkill River Valley National Heritage Area.

National Park Service 100th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue gold, silver, and half-dollar clad coins in commemoration of the 100th anniversary of the establishment of the National Park Service (NPS). Authorizes the issuance of coins under this Act only for a one-year period, beginning on January 1, 2016. Requires all sales of coins minted under this Act to include a surcharge of $35 per gold coin, $10 per silver coin, and $5 per half-dollar clad coin. Requires all of the surcharges received from the sale of such coins to be paid to the National Park Foundation for projects and programs to help preserve and protect resources under the stewardship of the NPS and to promote public enjoyment and appreciation of those resources. Prohibits the surcharges paid to the Foundation from being used for land acquisition.

To require the Secretary of the Treasury to mint coins commemorating the 100th anniversary of the establishment of the National Park Service, and for other purposes. 1. Short title This Act may be cited as the National Park Service 100th Anniversary Commemorative Coin Act 2. Findings Congress finds that— (1) in 1916, Congress established the National Park Service as a bureau within the Department of the Interior to administer the great national parks and monuments in the United States as a unified National Park System; (2) from 1916 to the present, the National Park System has grown from 37 park units with 6,000,000 acres of land in the western United States to more than 395 units with 84,000,000 acres of land in nearly every State and territory; (3) the responsibilities of the National Park Service have expanded to include— (A) managing national historic trails and national scenic trails; (B) administering wild and scenic rivers; (C) recognizing the most significant historic resources in the United States through the National Register of Historic Places and the National Historic Landmark program; (D) providing historic preservation grants; and (E) assisting communities in meeting their preservation, conservation, and recreation needs; (4) the National Park Service Organic Act of 1916 ( Public Law 64–408 to conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations (5) the 100th anniversary of the National Park Service in 2016 will be an occasion to celebrate a century of American vision and achievement in identifying and preserving the special places in the United States for the benefit of all, and the culmination of 100 years of accomplishments by the employees, partners, and volunteers of the National Park Service; (6) 2016 also will mark the beginning of the 2d century of service of the dedicated employees, partners, and volunteers of the National Park Service to the people of the United States as environmental leaders and vigilant stewards of the treasured places and stories of the United States; (7) coins commemorating the 100th anniversary of the National Park Service will bring national and international attention to the National Park System and to the legacy Congress left in 1916 when it established a Federal agency to ensure the protection of the most treasured natural and cultural resources in the United States for all time; and (8) the proceeds from a surcharge on the sale of commemorative coins will assist the financing of the needs of the parks and programs of the National Park Service, helping to ensure that the great natural and cultural resources of the United States will endure for generations to come. 3. Coin specifications (a) Denominations (1) $5 gold coins The Secretary of the Treasury (referred to in this Act as the Secretary (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins The Secretary shall mint and issue not more than 500,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins The Secretary shall mint and issue not more than 750,000 half dollar clad coins, which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar clad coins in section 5112(b) (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 (c) Numismatic items For purposes of sections 5134 5136 4. Design of coins (a) Design requirements (1) In general The design of the coins minted under this Act shall be emblematic of the 100th anniversary of the National Park Service. (2) Designation and inscriptions On each coin minted under this Act there shall be— (A) a designation of the face value of the coin; (B) an inscription of the year 2016 (C) inscriptions of the words Liberty In God We Trust United States of America E Pluribus Unum (b) Selection The design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with— (A) the National Park Service; (B) the National Park Foundation; and (C) the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for issuance The Secretary may issue coins minted under this Act only during the period beginning on January 1, 2016, and ending on December 31, 2016. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to the coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) In general All sales of coins minted under this Act shall include— (1) a surcharge of $35 per coin for the $5 coin; (2) a surcharge of $10 per coin for the $1 coin; and (3) a surcharge of $5 per coin for the half dollar coin. (b) Distribution (1) In general Subject to section 5134(f) (2) Prohibition on land acquisition Surcharges paid to the National Park Foundation pursuant to paragraph (1) may not be used for land acquisition. (c) Audits The National Park Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the National Park Foundation under subsection (b). (d) Limitations Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the 2 commemorative coin program issuance limitation under section 5112(m)(1)

National Park Service 100th Anniversary Commemorative Coin Act

Freedom from Discrimination in Credit Act of 2013 - Amends the Equal Credit Opportunity Act to prohibit discrimination on account of sexual orientation or gender identity when extending credit. Defines: (1) "gender identity" as the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual with or without regard to the individual's designated sex at birth; (2) "person" as a natural person, corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association; and (3) "sexual orientation" as homosexuality, heterosexuality, or bisexuality.

To amend the Equal Credit Opportunity Act to prohibit discrimination on account of sexual orientation or gender identity when extending credit. 1. Short title This Act may be cited as the Freedom from Discrimination in Credit Act of 2013 2. Prohibition against discrimination on account of sexual orientation or gender identity Subsection (a)(1) of section 701 of the Equal Credit Opportunity Act ( 15 U.S.C. 1691 (1) by striking on the basis of race, color, religion, national origin, sex or marital status, (2) by inserting on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, or marital status, 3. Definitions Section 702 of the Equal Credit Opportunity Act ( 15 U.S.C. 1691a (1) by striking subsections (f) and (g); and (2) by inserting after subsection (e) the following new subsections: (f) The term gender identity (g) The term person (h) The term sexual orientation (i) Any reference to any requirement imposed under this title or any provision of this title shall be deemed to include a reference to the regulations of the Board under this title or the provision of this title in question. .

Freedom from Discrimination in Credit Act of 2013

Garrett Lee Smith Memorial Act Reauthorization of 2013 - Amends the Public Health Service Act to reauthorize and revise a research, training, and technical assistance resource center to prevent suicides (the Suicide Prevention Resource Center). Expands the program's focus from youth suicides to suicides among all ages, particularly among groups that are at high risk for suicide. Repeals authority for grants to establish research, training, and technical assistance centers related to mental health, substance abuse and the justice system. Reauthorizes a program of grants for the development of state or tribal youth suicide early intervention and prevention strategies. Reauthorizes and revises a grant program to enhance services for students with mental health or substance use disorders at institutions of higher education. Requires the Secretary of Health and Human Services (HHS) (who currently is merely authorized), acting through the Director of the Center for Mental Health Services, to award grants to enhance such services and to develop best practices for the delivery of such services. Permits grant funds to be used for the provision of such services to students and to employ appropriately trained staff. Requires the Secretary to give special consideration to applications for grants that describe programs that demonstrate the greatest need for new or additional mental and substance use disorder services and the greatest potential for replication.

To revise and extend provisions under the Garrett Lee Smith Memorial Act. 1. Short title This Act may be cited as the Garrett Lee Smith Memorial Act Reauthorization of 2013 2. Suicide prevention technical assistance center (a) Repeal Section 520C of the Public Health Service Act ( 42 U.S.C. 290bb–34 (b) Suicide prevention technical assistance center Title V of the Public Health Service Act ( 42 U.S.C. 290aa et seq. 520C. Suicide prevention technical assistance center (a) Program authorized The Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall establish a research, training, and technical assistance resource center to provide appropriate information, training, and technical assistance to States, political subdivisions of States, federally recognized Indian tribes, tribal organizations, institutions of higher education, public organizations, or private nonprofit organizations concerning the prevention of suicide among all ages, particularly among groups that are at high risk for suicide. (b) Responsibilities of the center The center established under subsection (a) shall— (1) assist in the development or continuation of statewide and tribal suicide early intervention and prevention strategies for all ages, particularly among groups that are at high risk for suicide; (2) ensure the surveillance of suicide early intervention and prevention strategies for all ages, particularly among groups that are at high risk for suicide; (3) study the costs and effectiveness of statewide and tribal suicide early intervention and prevention strategies in order to provide information concerning relevant issues of importance to State, tribal, and national policymakers; (4) further identify and understand causes and associated risk factors for suicide for all ages, particularly among groups that are at high risk for suicide; (5) analyze the efficacy of new and existing suicide early intervention and prevention techniques and technology for all ages, particularly among groups that are at high risk for suicide; (6) ensure the surveillance of suicidal behaviors and nonfatal suicidal attempts; (7) study the effectiveness of State-sponsored statewide and tribal suicide early intervention and prevention strategies for all ages particularly among groups that are at high risk for suicide on the overall wellness and health promotion strategies related to suicide attempts; (8) promote the sharing of data regarding suicide with Federal agencies involved with suicide early intervention and prevention, and State-sponsored statewide and tribal suicide early intervention and prevention strategies for the purpose of identifying previously unknown mental health causes and associated risk factors for suicide among all ages particularly among groups that are at high risk for suicide; (9) evaluate and disseminate outcomes and best practices of mental health and substance use disorder services at institutions of higher education; and (10) conduct other activities determined appropriate by the Secretary. (c) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $5,000,000 for each of the fiscal years 2014 through 2018. . 3. Youth suicide intervention and prevention strategies Section 520E of the Public Health Service Act ( 42 U.S.C. 290bb–36 520E. Youth suicide early intervention and prevention strategies (a) In general The Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall award grants or cooperative agreements to eligible entities to— (1) develop and implement State-sponsored statewide or tribal youth suicide early intervention and prevention strategies in schools, educational institutions, juvenile justice systems, substance use disorder programs, mental health programs, foster care systems, and other child and youth support organizations; (2) support public organizations and private nonprofit organizations actively involved in State-sponsored statewide or tribal youth suicide early intervention and prevention strategies and in the development and continuation of State-sponsored statewide youth suicide early intervention and prevention strategies; (3) provide grants to institutions of higher education to coordinate the implementation of State-sponsored statewide or tribal youth suicide early intervention and prevention strategies; (4) collect and analyze data on State-sponsored statewide or tribal youth suicide early intervention and prevention services that can be used to monitor the effectiveness of such services and for research, technical assistance, and policy development; and (5) assist eligible entities, through State-sponsored statewide or tribal youth suicide early intervention and prevention strategies, in achieving targets for youth suicide reductions under title V of the Social Security Act (b) Eligible entity (1) Definition In this section, the term eligible entity (A) a State; (B) a public organization or private nonprofit organization designated by a State to develop or direct the State-sponsored statewide youth suicide early intervention and prevention strategy; or (C) a federally recognized Indian tribe or tribal organization (as defined in the Indian Self-Determination and Education Assistance Act Indian Health Care Improvement Act (2) Limitation In carrying out this section, the Secretary shall ensure that a State does not receive more than one grant or cooperative agreement under this section at any one time. For purposes of the preceding sentence, a State shall be considered to have received a grant or cooperative agreement if the eligible entity involved is the State or an entity designated by the State under paragraph (1)(B). Nothing in this paragraph shall be constructed to apply to entities described in paragraph (1)(C). (c) Preference In providing assistance under a grant or cooperative agreement under this section, an eligible entity shall give preference to public organizations, private nonprofit organizations, political subdivisions, institutions of higher education, and tribal organizations actively involved with the State-sponsored statewide or tribal youth suicide early intervention and prevention strategy that— (1) provide early intervention and assessment services, including screening programs, to youth who are at risk for mental or emotional disorders that may lead to a suicide attempt, and that are integrated with school systems, educational institutions, juvenile justice systems, substance use disorder programs, mental health programs, foster care systems, and other child and youth support organizations; (2) demonstrate collaboration among early intervention and prevention services or certify that entities will engage in future collaboration; (3) employ or include in their applications a commitment to evaluate youth suicide early intervention and prevention practices and strategies adapted to the local community; (4) provide timely referrals for appropriate community-based mental health care and treatment of youth who are at risk for suicide in child-serving settings and agencies; (5) provide immediate support and information resources to families of youth who are at risk for suicide; (6) offer access to services and care to youth with diverse linguistic and cultural backgrounds; (7) offer appropriate postsuicide intervention services, care, and information to families, friends, schools, educational institutions, juvenile justice systems, substance use disorder programs, mental health programs, foster care systems, and other child and youth support organizations of youth who recently completed suicide; (8) offer continuous and up-to-date information and awareness campaigns that target parents, family members, child care professionals, community care providers, and the general public and highlight the risk factors associated with youth suicide and the life-saving help and care available from early intervention and prevention services; (9) ensure that information and awareness campaigns on youth suicide risk factors, and early intervention and prevention services, use effective communication mechanisms that are targeted to and reach youth, families, schools, educational institutions, and youth organizations; (10) provide a timely response system to ensure that child-serving professionals and providers are properly trained in youth suicide early intervention and prevention strategies and that child-serving professionals and providers involved in early intervention and prevention services are properly trained in effectively identifying youth who are at risk for suicide; (11) provide continuous training activities for child care professionals and community care providers on the latest youth suicide early intervention and prevention services practices and strategies; (12) conduct annual self-evaluations of outcomes and activities, including consulting with interested families and advocacy organizations; (13) provide services in areas or regions with rates of youth suicide that exceed the national average as determined by the Centers for Disease Control and Prevention; and (14) obtain informed written consent from a parent or legal guardian of an at-risk child before involving the child in a youth suicide early intervention and prevention program. (d) Requirement for direct services Not less than 85 percent of grant funds received under this section shall be used to provide direct services, of which not less than 5 percent shall be used for activities authorized under subsection (a)(3). (e) Consultation and policy development (1) In general In carrying out this section, the Secretary shall collaborate with relevant Federal agencies and suicide working groups responsible for early intervention and prevention services relating to youth suicide. (2) Consultation In carrying out this section, the Secretary shall consult with— (A) State and local agencies, including agencies responsible for early intervention and prevention services under title XIX of the Social Security Act Social Security Act Social Security Act (B) local and national organizations that serve youth at risk for suicide and their families; (C) relevant national medical and other health and education specialty organizations; (D) youth who are at risk for suicide, who have survived suicide attempts, or who are currently receiving care from early intervention services; (E) families and friends of youth who are at risk for suicide, who have survived suicide attempts, who are currently receiving care from early intervention and prevention services, or who have completed suicide; (F) qualified professionals who possess the specialized knowledge, skills, experience, and relevant attributes needed to serve youth at risk for suicide and their families; and (G) third-party payers, managed care organizations, and related commercial industries. (3) Policy development In carrying out this section, the Secretary shall— (A) coordinate and collaborate on policy development at the Federal level with the relevant Department of Health and Human Services agencies and suicide working groups; and (B) consult on policy development at the Federal level with the private sector, including consumer, medical, suicide prevention advocacy groups, and other health and education professional-based organizations, with respect to State-sponsored statewide or tribal youth suicide early intervention and prevention strategies. (f) Rule of construction; religious and moral accommodation Nothing in this section shall be construed to require suicide assessment, early intervention, or treatment services for youth whose parents or legal guardians object based on the parents' or legal guardians' religious beliefs or moral objections. (g) Evaluations and report (1) Evaluations by eligible entities Not later than 18 months after receiving a grant or cooperative agreement under this section, an eligible entity shall submit to the Secretary the results of an evaluation to be conducted by the entity concerning the effectiveness of the activities carried out under the grant or agreement. (2) Report Not later than 2 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report concerning the results of— (A) the evaluations conducted under paragraph (1); and (B) an evaluation conducted by the Secretary to analyze the effectiveness and efficacy of the activities conducted with grants, collaborations, and consultations under this section. (h) Rule of construction; student medication Nothing in this section shall be construed to allow school personnel to require that a student obtain any medication as a condition of attending school or receiving services. (i) Prohibition Funds appropriated to carry out this section, section 527, or section 529 shall not be used to pay for or refer for abortion. (j) Parental consent States and entities receiving funding under this section shall obtain prior written, informed consent from the child's parent or legal guardian for assessment services, school-sponsored programs, and treatment involving medication related to youth suicide conducted in elementary and secondary schools. The requirement of the preceding sentence does not apply in the following cases: (1) In an emergency, where it is necessary to protect the immediate health and safety of the student or other students. (2) Other instances, as defined by the State, where parental consent cannot reasonably be obtained. (k) Relation to education provisions Nothing in this section shall be construed to supersede section 444 of the General Education Provisions Act, including the requirement of prior parental consent for the disclosure of any education records. Nothing in this section shall be construed to modify or affect parental notification requirements for programs authorized under the Elementary and Secondary Education Act of 1965 (l) Definitions In this section: (1) Early intervention The term early intervention (2) Educational institution; institution of higher education; school The term— (A) educational institution (B) institution of higher education Higher Education Act of 1965 (C) school Elementary and Secondary Education Act of 1965 (3) Prevention The term prevention (4) Youth The term youth (m) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $32,000,000 for each of the fiscal years 2014 through 2018. . 4. Mental health and substance use disorders services and outreach on campus Section 520E–2 of the Public Health Service Act ( 42 U.S.C. 290bb–36b 520E–2. Mental health and substance use disorders services on campus (a) In general The Secretary, acting through the Director of the Center for Mental Health Services and in consultation with the Secretary of Education, shall award grants on a competitive basis to institutions of higher education to enhance services for students with mental health or substance use disorders and to develop best practices for the delivery of such services. (b) Uses of funds Amounts received under a grant under this section shall be used for 1 or more of the following activities: (1) The provision of mental health and substance use disorder services to students, including prevention, promotion of mental health, voluntary screening, early intervention, voluntary assessment, treatment, and management of mental health and substance abuse disorder issues. (2) The provision of outreach services to notify students about the existence of mental health and substance use disorder services. (3) Educating students, families, faculty, staff, and communities to increase awareness of mental health and substance use disorders. (4) The employment of appropriately trained staff, including administrative staff. (5) The provision of training to students, faculty, and staff to respond effectively to students with mental health and substance use disorders. (6) The creation of a networking infrastructure to link colleges and universities with providers who can treat mental health and substance use disorders. (7) Developing, supporting, evaluating, and disseminating evidence-based and emerging best practices. (c) Implementation of activities using grant funds An institution of higher education that receives a grant under this section may carry out activities under the grant through— (1) college counseling centers; (2) college and university psychological service centers; (3) mental health centers; (4) psychology training clinics; (5) institution of higher education supported, evidence-based, mental health and substance use disorder programs; or (6) any other entity that provides mental health and substance use disorder services at an institution of higher education. (d) Application To be eligible to receive a grant under this section, an institution of higher education shall prepare and submit to the Secretary an application at such time and in such manner as the Secretary may require. At a minimum, such application shall include the following: (1) A description of identified mental health and substance use disorder needs of students at the institution of higher education. (2) A description of Federal, State, local, private, and institutional resources currently available to address the needs described in paragraph (1) at the institution of higher education. (3) A description of the outreach strategies of the institution of higher education for promoting access to services, including a proposed plan for reaching those students most in need of mental health services. (4) A plan, when applicable, to meet the specific mental health and substance use disorder needs of veterans attending institutions of higher education. (5) A plan to seek input from community mental health providers, when available, community groups and other public and private entities in carrying out the program under the grant. (6) A plan to evaluate program outcomes, including a description of the proposed use of funds, the program objectives, and how the objectives will be met. (7) An assurance that the institution will submit a report to the Secretary each fiscal year concerning the activities carried out with the grant and the results achieved through those activities. (e) Special considerations In awarding grants under this section, the Secretary shall give special consideration to applications that describe programs to be carried out under the grant that— (1) demonstrate the greatest need for new or additional mental and substance use disorder services, in part by providing information on current ratios of students to mental health and substance use disorder health professionals; and (2) demonstrate the greatest potential for replication. (f) Requirement of matching funds (1) In general The Secretary may make a grant under this section to an institution of higher education only if the institution agrees to make available (directly or through donations from public or private entities) non-Federal contributions in an amount that is not less than $1 for each $1 of Federal funds provided under the grant, toward the costs of activities carried out with the grant (as described in subsection (b)) and other activities by the institution to reduce student mental health and substance use disorders. (2) Determination of amount contributed Non-Federal contributions required under paragraph (1) may be in cash or in kind. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (3) Waiver The Secretary may waive the application of paragraph (1) with respect to an institution of higher education if the Secretary determines that extraordinary need at the institution justifies the waiver. (g) Reports For each fiscal year that grants are awarded under this section, the Secretary shall conduct a study on the results of the grants and submit to the Congress a report on such results that includes the following: (1) An evaluation of the grant program outcomes, including a summary of activities carried out with the grant and the results achieved through those activities. (2) Recommendations on how to improve access to mental health and substance use disorder services at institutions of higher education, including efforts to reduce the incidence of suicide and substance use disorders. (h) Definitions In this section, the term institution of higher education (i) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $7,000,000 for each of the fiscal years 2014 through 2018. .

Garrett Lee Smith Memorial Act Reauthorization of 2013

Complete America's Great Trails Act - Amends the Internal Revenue Code to allow a tax credit for the fair market value of any National Scenic Trail conservation contribution. Requires the Secretary of the Interior to study the efficacy of such tax credit in completing, extending, and increasing the number of National Scenic Trails.

To amend the Internal Revenue Code of 1986 to allow a credit against income tax for qualified conservation contributions which include National Scenic Trails. 1. Short title This Act may be cited as the Complete America’s Great Trails Act 2. National Scenic Trail conservation credit (a) In general Subpart B of part IV of subchapter A of chapter 1 30E. National Scenic Trail conservation credit (a) Allowance of credit There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the fair market value of any National Scenic Trail conservation contribution of the taxpayer for the taxable year. (b) National Scenic Trail conservation contribution For purposes of this section— (1) In general The term National Scenic Trail conservation contribution (A) to the extent the qualified real property interest with respect to such contribution includes a National Scenic Trail (or portion thereof) and its trail corridor, and (B) with respect to which the taxpayer makes an election under this section. (2) National Scenic Trail The term National Scenic Trail 16 U.S.C. 1244 (3) Trail corridor The term trail corridor (A) not less than— (i) 150 feet wide on each side of such trail, or (ii) in the case of an interest in real property of the taxpayer which includes less than 150 feet on either side of such trail, the entire distance with respect to such interest on such side, and (B) not greater than 2,640 feet wide. (4) Qualified conservation contribution; qualified real property interest The terms qualified conservation contribution qualified real property interest (c) Special rules (1) Fair market value Fair market value of any National Scenic Trail conservation contribution shall be determined under rules similar to the valuation rules under Treasury Regulations under section 170, except that in any case, to the extent practicable, fair market value shall be determined by reference to the highest and best use of the real property with respect to such contribution. (2) Election irrevocable An election under this section may not be revoked. (3) Denial of double benefit No deduction shall be allowed under this chapter with respect to any qualified conservation contribution with respect to which an election is made under this section. (d) Limitation based on amount of tax; carryforward of unused credit (1) Limitation The credit allowed under subsection (a) for any taxable year shall not exceed the sum of— (A) the taxpayer’s regular tax liability (as defined in section 26(b)) for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 30, 30B, 30C, and 30D, plus (B) the tax imposed by section 55. (2) Carryforward (A) In general If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for any taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. (B) Limitation No credit may be carried forward under this subsection to any taxable year following the tenth taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis. . (b) Continued use not inconsistent with conservation purposes A contribution of an interest in real property shall not fail to be treated as a National Scenic Trail conservation contribution (as defined in section 30E(b) of the Internal Revenue Code of 1986) solely by reason of continued use of the real property, such as for recreational or agricultural use (including motor vehicle use related thereto), if, under the circumstances, such use does not impair significant conservation interests and is not inconsistent with the purposes of the National Trails System Act ( 16 U.S.C. 1241 et seq. (c) Study regarding efficacy of National Scenic Trail conservation credit (1) In general The Secretary of the Interior shall, in consultation with the Secretary of the Treasury, study— (A) the efficacy of the National Scenic Trail conservation credit under section 30E of the Internal Revenue Code of 1986 in completing, extending, and increasing the number of National Scenic Trails (as defined in section 30E(b) of such Code), and (B) the feasibility and estimated costs and benefits of— (i) making such credit refundable (in whole or in part), and (ii) allowing transfer of such credit. (2) Report Not later than 4 years after the date of the enactment of this Act, the Secretary of the Interior shall submit a report to Congress on the results of the study conducted under this subsection. (d) Conforming amendment The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: 30E. National Scenic Trail conservation credit. . (e) Effective date The amendments made by this section shall apply to contributions made after the date of the enactment of this Act.

Complete America's Great Trails Act

Gulf of Mexico Red Snapper Conservation Act of 2013 - Directs the Gulf States Marine Fisheries Commission to prepare, adopt, and submit to the Secretary of Commerce a fishery management plan providing for the conservation and management of Gulf of Mexico red snapper and specifying the requirements necessary for Gulf coastal states (Alabama, Florida, Louisiana, Mississippi, and Texas) to comply with such plan. Requires the Commission to ensure an opportunity for public participation in the preparation of the plan. Prohibits such plan, for a three-year period, from reducing the overall quota of Gulf of Mexico red snapper apportioned to commercial fishing, except in the event of a reduction in stock in which case the quota shall be reduced to ensure a sustainable harvest. Permits an increase in quota based on stock assessments. Directs the Secretary to determine whether the plan includes fishery management measures compatible with the national standards in the Magnuson-Stevens Fishery Conservation and Management Act and to certify whether the plan properly conserves and manages Gulf of Mexico red snapper. Requires each Gulf coastal state to submit to the Commission appropriate management measures to ensure compliance with the conservation objectives of the fishery management plan. Directs the Commission, upon certifying that the states have submitted sufficient measures, to certify to the Secretary to revoke federal management of Gulf of Mexico red snapper. Directs the states to manage the Gulf of Mexico red snapper in the adjacent coastal waters consistent with the fishery management plan. Directs the Secretary, upon receiving the management measures certification from the Commission, to publish notice in the Federal Register revoking regulations and portions of the federal fishery management plan for the Reef Fish Resources of the Gulf of Mexico that conflict with the plan for Gulf of Mexico red snapper, including the deletion of the species from the management unit. Directs the Commission to determine at least annually whether state enforcement is satisfactory and to notify the Secretary of each negative determination. Authorizes the Secretary to close the fishery within federal waters adjacent to such a state upon receiving notice of a negative determination or a report that the state has not implemented any necessary measures to end overfishing, rebuild fisheries, or provide for data collection to monitor harvests. Directs the Secretary to report biennially to Congress on the economic impacts and benefits for the local, regional, and national economy of the Gulf of Mexico red snapper fishery.

To provide for the development of a fishery management plan for the Gulf of Mexico red snapper, and for other purposes. 1. Short title This Act may be cited as the Gulf of Mexico Red Snapper Conservation Act of 2013 2. Definitions In this Act: (1) Coastal waters The term coastal waters (A) all waters, whether salt or fresh, of the Gulf coastal State shoreward of the baseline from which the territorial sea of the United States is measured; and (B) the waters of the Gulf coastal State seaward from the baseline referred to in subparagraph (A) to the inner boundary of the exclusive economic zone 200 mile limit. (2) Commission The term Commission (3) Fishery management plan The term fishery management plan (4) Gulf coastal State The term Gulf coastal State (A) Alabama. (B) Florida. (C) Louisiana. (D) Mississippi. (E) Texas. (5) Gulf of Mexico red snapper The term Gulf of Mexico red snapper (6) Magnuson-Stevens Act The term Magnuson-Stevens Act 3. Transfer of management of Gulf of Mexico red snapper (a) New fishery management plan from Commission The Commission shall submit to the Secretary of Commerce a fishery management plan for Gulf of Mexico red snapper adopted by the Commission pursuant to section 4. (b) Actions by Secretary of Commerce (1) Review and certification of plan The Secretary of Commerce shall— (A) review the plan submitted pursuant to subsection (a) to determine whether or not the plan— (i) includes fishery management measures that are compatible to the extent practicable with the national standards set forth in section 301 of the Magnuson-Stevens Act (16 U.S.C. 1851) and other applicable provisions of the Magnuson-Stevens Act; and (ii) will ensure the long-term conservation of Gulf of Mexico red snapper populations; and (B) certify whether or not the Commission has submitted a fishery management plan to properly conserve and manage Gulf of Mexico red snapper consistent with this Act. (2) Revocation of superseded plan Upon receipt of a certification by the Commission under section 4(b)(2) that all of the Gulf coastal States will have sufficient management measures under section 4(b)(1), the Secretary shall publish a notice in the Federal Register revoking those regulations and portions of the Federal fishery management plan for the Reef Fish Resources of the Gulf of Mexico that are in conflict with the fishery management plan for Gulf of Mexico red snapper, including the deletion of the species from the management unit. (c) State actions Upon certification by the Secretary under subsection (b)(1) that the fishery management plan will properly conserve and manage Gulf of Mexico red snapper consistent with this Act, the Gulf coastal States shall implement all appropriate measures to manage the Gulf of Mexico red snapper resource in the adjacent coastal waters in accordance with the fishery management plan. 4. Gulf of Mexico red snapper fishery management plan (a) Commission process (1) In general The Commission shall prepare and adopt a fishery management plan to provide for the conservation and management of Gulf of Mexico red snapper and specify the requirements necessary for Gulf coastal States to be in compliance with the plan. (2) Standards and procedures Not later than one year after the date of the enactment of this Act, the Commission shall establish standards and procedures for the preparation of the fishery management plan, including standards and procedures to ensure— (A) the long-term sustainability of Gulf of Mexico red snapper based on the available science; and (B) adequate opportunity for public participation in the preparation of the fishery management plan, including at least four public hearings and procedures for the submittal to the Commission of written comments on the fishery management plan. (3) Limitation on reduction in quotas (A) In general Except as provided in subparagraph (B), the fishery management plan may not reduce the overall quota of Gulf of Mexico red snapper apportioned to commercial fishing on the date of the enactment of this Act until the date that is 3 years after such date of enactment. Such plan may increase such a quota based on stock assessments. (B) Exception in case of a reduction in stock In the event of a reduction in the stock of Gulf of Mexico red snapper, the fishery management plan shall reduce the quota described in subparagraph (A) in a manner that ensures a sustainable harvest of Gulf of Mexico red snapper. (b) State implementation and enforcement (1) Submittal of management measures Each Gulf coastal State shall submit to the Commission management measures to ensure compliance with the conservation objectives of the fishery management plan. (2) Implementation Upon certification by the Commission that all Gulf coastal States have submitted sufficient management measures described in paragraph (1), the Commission shall certify to the Secretary of Commerce under section 3(b)(2) to revoke Federal management of Gulf of Mexico red snapper, and the Gulf coastal States shall manage the Gulf of Mexico red snapper in the adjacent coastal waters consistent with the fishery management plan. 5. Monitoring of implementation and enforcement of Gulf of Mexico red snapper fishery management plan by Gulf coastal States (a) Determination In December each year, and at any other time it considers appropriate, the Commission shall determine— (1) whether each Gulf coastal State has adopted all regulatory measures to fully implement the fishery management plan; and (2) whether the enforcement of the fishery management plan by each Gulf coastal State is satisfactory to maintain the long-term sustainability and abundance of Gulf of Mexico red snapper. (b) Satisfactory State enforcement For purposes of subsection (a)(2), enforcement by a Gulf coastal State shall not be considered satisfactory by the Commission if, in its view, such enforcement is being carried out in such a manner that the implementation of the fishery management plan within the coastal waters of the Gulf coastal State is being, or will likely be, substantially and adversely affected. (c) Notice to Secretary of Commerce of adverse determination The Commission shall immediately notify the Secretary of Commerce of each negative determination made with respect to a Gulf coastal State under subsection (a). 6. Gulf of Mexico red snapper fishery management review (a) Commission review and report on certification on certain State actions (1) Commission review of State certification Each Gulf coastal State that manages Gulf of Mexico red snapper shall submit to the Commission a certification as follows: (A) If Gulf of Mexico red snapper is undergoing overfishing or subject to a rebuilding plan, that such Gulf coastal State shall implement immediately the necessary measures to end overfishing and rebuild the fishery. (B) That such Gulf coastal State shall implement a program to provide for data collection adequate to monitor the harvest of Gulf of Mexico red snapper by such Gulf coastal State. (2) Report to Secretary Upon the review of each certification submitted to the Commission under paragraph (1), the Commission shall certify to the Secretary of Commerce whether or not the Gulf coastal State concerned is fully carrying out the matters covered by the certification. (b) Action by Secretary of Commerce Upon receipt by the Secretary of Commerce of a notice under section 5(c) or a report under subsection (a)(2) that a Gulf Coastal State is not fully complying with the matters specified in subsection (a)(1) as certified by that State pursuant to subsection (a)(1), the Secretary may declare a closure of the Gulf of Mexico red snapper fishery within the Federal waters adjacent to the Gulf coastal State. In making such a declaration the Secretary shall fully consider and review the comments of the Gulf coastal State and the Commission. (c) Actions prohibited during closure During a closure of the Gulf of Mexico red snapper fishery under subsection (b), it is unlawful for any person— (1) to engage in fishing for Gulf of Mexico red snapper within the Federal waters adjacent to the Gulf coastal State covered by the closure; (2) to land, or attempt to land, the Gulf of Mexico red snapper that is subject to the closure; or (3) to fail to return to the water the Gulf of Mexico red snapper to which the closure applies that are caught incidental to commercial harvest or in other recreational fisheries. 7. Improved studies and data collection for Gulf of Mexico red snapper (a) In general For the purposes of carrying out this Act, the Secretary of Commerce shall support the Gulf coastal States and the Commission in developing and implementing a comprehensive study on Gulf of Mexico Red Snapper. This study shall include, but shall not be limited to, the following: (1) Annual stock assessments of Gulf of Mexico red snapper. (2) The number of participants, both commercial and recreational, in the coastal waters of the Gulf coastal States that harvest Gulf of Mexico red snapper. (3) Recommendations for improved conservation and management of Gulf of Mexico red snapper. (b) Comprehensive economic analysis The Secretary of Commerce shall, in consultation with the Gulf coastal States and the Commission, conduct a comprehensive study and analysis of the economic impacts and benefits for the local, regional, and national economy of the Gulf of Mexico red snapper fishery. The study shall include the following: (1) A thorough analysis of the beneficial economic impacts of industries directly related to the Gulf of Mexico red snapper fishery, including, but not limited to, boat sales, marina activity, boat construction and repair, fishing gear and tackle sales, and other closely associated industries. (2) A proper economic analysis of the downstream economic impacts of the Gulf of Mexico red snapper fishery on the economies of the Gulf coastal States, including, but not limited to, hotels, restaurants, grocery stores, related tourism, and other peripheral businesses and industries. (c) Biennial reports The Secretary of Commerce shall submit to Congress, the Gulf coastal States, and the Commission on a biennial basis a report on the progress and findings of studies conducted under subsections (a) and (b), and shall make each report available to the public. Each report shall, to the extent practicable, include recommendations on additional actions to be taken to encourage the sustainable conservation and management of the Gulf of Mexico red snapper fishery.

Gulf of Mexico Red Snapper Conservation Act of 2013

Authorizes the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to provide funds to any state, local, or tribal government impacted by the events, including marine debris impacts, resulting from the March 2011 earthquake and subsequent tsunami in the Tohoku region of Japan to assist with the costs of any activity carried out to address the effects of such event. Permits the Administrator to provide such funds using any funds provided by the government of Japan for such purposes.

To authorize the Administrator of the National Oceanic and Atmospheric Administration to provide certain funds to eligible entities for activities undertaken to address the marine debris impacts of the March 2011 Tohoku earthquake and subsequent tsunami, and for other purposes. 1. Authority to provide funds (a) In general Notwithstanding any other provision of law, the Administrator of the National Oceanic and Atmospheric Administration may provide funds to an eligible entity impacted by the covered marine debris event to assist such entity with the costs of any activity previously carried out, being carried out, or to be carried out to address the effects of such event. (b) Funding The Administrator may provide funds under subsection (a) using any funds provided by the Government of Japan for activities to address the effects of the covered marine debris event. (c) Definitions In this section, the following definitions apply: (1) Covered marine debris event The term covered marine debris event (2) Eligible entity The term eligible entity

A bill to authorize the Administrator of the National Oceanic and Atmospheric Administration to provide certain funds to eligible entities for activities undertaken to address the marine debris impacts of the March 2011 Tohoku earthquake and subsequent tsunami, and for other purposes.

Fire Sprinkler Incentive Act - Amends the Internal Revenue Code to allow: (1) 100% expensing in a current taxable year of the cost of automated fire sprinkler system retrofit property, as defined by this Act; and (2) accelerated depreciation (i.e., a 15-year recovery period) of automated fire sprinkler system retrofit property that is installed in a building or structure where the floor of any occupiable story is greater than 75 feet above the lowest level of fire department vehicle access and that has a certain classification by the National Fire Protection Association.

To amend the Internal Revenue Code of 1986 to include automated fire sprinkler system retrofits as section 179 property and classify certain automated fire sprinkler system retrofits as 15-year property for purposes of depreciation. 1. Short title This Act may be cited as the Fire Sprinkler Incentive Act 2. Automated fire sprinkler system retrofits treated as section 179 property (a) In general Subparagraph (B) of section 179(d)(1) of the Internal Revenue Code of 1986 is amended to read as follows: (B) which is— (i) automated fire sprinkler system retrofit property (as defined in section 168(i)(20) determined without regard to subparagraph (A)(ii) thereof), or (ii) section 1245 property (as defined in section 1245(a)(3)), and . (b) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. 3. Classification of certain automated fire sprinkler system retrofits (a) Treatment as 15-Year property Subparagraph (E) of section 168(e)(3) of the Internal Revenue Code of 1986 is amended by striking and , and (x) any automated fire sprinkler system retrofit property. . (b) Applicable depreciation method Paragraph (3) of section 168(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (J) Any automated fire sprinkler system retrofit property. . (c) Alternative system The table contained in section 168(g)(3)(B) of the Internal Revenue Code of 1986 is amended by inserting after the item relating to subparagraph (E)(ix) the following: (E)(x) 39 . (d) Definition of automated fire sprinkler system retrofit property Subsection (i) of section 168 (20) Automated fire sprinkler system retrofit property The term automated fire sprinkler system retrofit property (A) is installed in a building or structure which— (i) was placed in service before the date on which such sprinkler system is placed in service, and (ii) has an occupiable story the floor of which is more than 75 feet above the lowest level of fire department vehicle access, and (B) is classified under one or more of the following: (i) National Fire Protection Association 13, Installation of Sprinkler Systems. (ii) National Fire Protection Association 13 D, Installation of Sprinkler Systems in One and Two Family Dwellings and Manufactured Homes or International Residential Code Section P2904, Dwelling Unit Fire Sprinkler Systems. (iii) National Fire Protection Association 13 R, Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height. . (e) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Fire Sprinkler Incentive Act

Church Health Plan Act of 2013 - Amends the Patient Protection and Affordable Care Act (PPACA) to include qualified church plans, established and maintained for employees or their beneficiaries, by a church or by a convention or association of churches, as qualified health plans that provide essential health benefits packages. Excludes such plans from participation in American Health Benefits Exchanges established by states. Allows such plans to: (1) differentiate premiums using methods and criteria consistent with those used to assess charges and payments to other qualified health plans based on PPACA risk adjustment requirements and regulations concerning rates and payments, and (2) develop additional methods and criteria to define and account for the actuarial risk associated with the prohibition against qualified church plans enrolling a larger number and more diverse pool of enrollees as long as such additional methods and criteria are consistent with the risk adjustment methods. Provides standards for deeming an employer participating in such a plan as an eligible small employer for purposes of the income tax credit for employee health insurance expenses. Deems an individual receiving minimum essential coverage under such a plan to: (1) satisfy the individual responsibility requirements of the Internal Revenue Code, and (2) qualify for premium tax credits and reductions in cost-sharing if the household income requirements are met.

To amend the Patient Protection and Affordable Care Act to clarify provisions with respect to church plans. 1. Short title This Act may be cited as the Church Health Plan Act of 2013 2. Church plans as qualified health plans (a) In general Section 1301(a) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18021(a) (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2), the following: (3) Inclusion of qualified church plans (A) In general Any reference in this title to a qualified health plan shall be deemed to include a qualified church plan, unless specifically provided for otherwise. (B) Requirements of qualified church plans A qualified church plan is a church plan, as defined in section 414(e) of the Internal Revenue Code of 1986, that— (i) is a welfare plan, as defined in section 2(c) of Public Law 106–244 (ii) provides an essential health benefits package, as defined in section 1302(a); (iii) complies with the requirements under sections 2703, 2706, 2708, 2709, 2711, 2712, 2713, 2714, 2715, 2719, and 2719A of the Public Health Service Act; (iv) prohibits exclusions based on preexisting conditions or other health status, and prohibits discrimination against individual participants and beneficiaries based on health status for the purposes of enrollment, within the meaning of sections 2704 and 2705 of the Public Health Service Act, except as provided under subparagraph (C)(ii); and (v) limits, on average, the ratio of incurred losses plus loss adjustment expenses to earned premiums, within the meaning of section 2718 of the Public Health Service Act, as calculated across the entire church plan, except that, for purposes of this paragraph, earned premiums include payments by, or on behalf of, employees of a church, as defined in 414(e)(3)(B) of the Internal Revenue Code of 1986. (C) Exclusion of qualified church plans from American health benefit exchanges (i) In general A qualified church plan may not participate in an American Health Benefit Exchange established by a State under section 1311(b) or by the Secretary of Health and Human Services (referred to in this paragraph as the Secretary (ii) Premiums A qualified church plan may differentiate premiums using methods and criteria consistent with those that the Secretary uses to assess charges and payments to other qualified health plans based on the actuarial risks of enrollees of such plans pursuant to section 1343 and those described in section 422.308 section 422.308 (D) Deemed status of qualified church plans A qualified church plan shall be deemed to be— (i) minimum essential coverage under an eligible employer-sponsored plan, as defined under section 5000A(f)(2) of the Internal Revenue Code of 1986; and (ii) for the purposes of subparagraph (F), equivalent to a health plan offered through an American Health Benefit Exchange, within the meaning of section 1311(b). (E) Employers participating in qualified church plans (i) Eligible small employers An employer participating in a qualified church plan shall be deemed an eligible small employer under section 45R(d) of the Internal Revenue Code of 1986, if— (I) the employer has not more than 25 full-time equivalent employees, as defined under section 45R(d)(2) of the Internal Revenue Code of 1986, for the taxable year; and (II) the average annual wages of such full-time equivalent employees do exceed an amount equal to twice the dollar amount in effect under section 45R(d)(3)(B) of the Internal Revenue Code of 1986 for the taxable year, and if no employee of the employer who is enrolled in the qualified church plan receives premium tax credits or reductions in cost-sharing under subparagraph (F). (ii) No exclusion from wages Any employer participating in a qualified church plan shall not exclude from wages and other compensation, for any individual receiving premium tax credits under section 1401, any employer contribution for minimum essential coverage under a qualified church plan under section 106 of the Internal Revenue Code of 1986. (iii) Employers participating in qualified church plans Any employer participating in a qualified church plan shall be deemed to be a religious employer section 147.131 (F) Premium tax credits, reductions in cost-sharing, and qualified church plans An individual receiving minimum essential coverage under a qualified church plan— (i) shall be deemed to satisfy the individual responsibility requirements under section 5000A of the Internal Revenue Code of 1986; (ii) shall be deemed to qualify as an applicable taxpayer eligible to receive premium tax credits under section 1401, if the individual’s household income for the taxable year equals or exceeds 100 percent but does not exceed 400 percent of an amount equal to the poverty line for a family of the size involved; and (iii) shall be deemed to qualify as an eligible insured eligible to receive reductions in cost-sharing under section 1402(b), if the individual’s household income exceeds 100 percent but does not exceed 400 percent of the poverty line for a family of the size involved. (G) Regulations The Secretary and the Secretary of the Treasury shall promulgate regulations— (i) under subparagraph (E) to ensure that an eligible small employer offering a qualified church plan receives the same tax credit as any other eligible small employer under section 45R of the Internal Revenue Code of 1986; (ii) under subparagraph (F)(ii) to ensure that an applicable taxpayer receiving minimum essential coverage under a qualified church plan receives the same premium tax credit as any other applicable taxpayer under section 1401; (iii) under subparagraph (F)(iii) to ensure that an eligible insured receiving minimum essential coverage under a qualified church plan receives the same reduction in cost-sharing as any other eligible insured under section 1402; and (iv) providing church plans sufficient opportunity to make appropriate transitions in order to meet the definition of qualified church plan under subparagraph (B). . (b) Effective date The amendments made by this Act shall take effect as if enacted as part of the Patient Protection and Affordable Care Act ( Public Law 111–148

Church Health Plan Act of 2013

Access to Appropriate Immunizations for Veterans Act of 2013 - Includes within authorized preventive health services available to veterans through the Department of Veterans Affairs (VA) immunizations against infectious diseases, including each immunization on the recommended adult immunization schedule established by the Advisory Committee on Immunization Practices. Requires the inclusion, in an annual report from the Secretary of Veterans Affairs on VA preventive health services, of programs conducted to ensure that veterans have received each immunization on such immunization schedule at the appropriate time. Directs the Secretary to develop and implement quality measures and metrics to ensure that veterans receiving VA medical services receive each immunization at the time indicated on the schedule. Requires statistics related to such quality measures and metrics to be included in the annual report described above. Provides deadlines for the establishment and implementation of the measures and metrics.

To amend title 38, United States Code, to provide for certain requirements relating to the immunization of veterans, and for other purposes. 1. Short title This Act may be cited as the Access to Appropriate Immunizations for Veterans Act of 2013 2. Ensuring veteran access to appropriate immunizations (a) Inclusion of recommended adult vaccinations as medical services (1) Covered benefit Subparagraph (F) of section 1701(9) (F) immunizations against infectious diseases, including each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule; . (2) Definition Section 1701 of such title is amended by adding after paragraph (9) the following new paragraph: (10) The term recommended adult immunization schedule . (b) Report to Congress Section 1704(1)(A) of such title is amended— (1) in clause (i), by striking and (2) in clause (ii), by striking the period at the end and inserting ; and (3) by inserting after clause (ii) the following new clause: (iii) to ensure that veterans have received each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule. . (c) Assurance that administration of vaccinations constitutes appropriate management and cost-Effective delivery of health care services (1) In general Section 1706(a) of such title is amended— (A) by striking In managing the provision (1) In managing the provision (B) by adding at the end the following new paragraph: (2) (A) In managing the provision of medical services under such section, the Secretary shall develop and implement quality measures and metrics to ensure that veterans receiving medical services under this title receive each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule. (B) Quality measures and metrics developed and implemented under subparagraph (A) shall include targets for compliance. (C) The Secretary shall, to the maximum extent feasible, develop and implement measures and metrics required by subparagraph (A) concurrently and consistently with the metrics in place, as of the date of the enactment of this paragraph, with respect to influenza and pneumococcal vaccinations. . (2) Report to Congress Section 1704(1) of such title is amended by adding at the end the following new subparagraph: (H) Statistics related to the quality measures and metrics developed and implemented under section 1706(a)(2) of this title. . (3) Effective dates (A) Development of initial schedule The Secretary shall establish the quality measures and metrics described in paragraph (2) of section 1706(a) of such title, as added by paragraph (1), through notice and comment rulemaking. The Secretary shall publish in the Federal Register proposed measures and metrics by no later than July 1, 2013, and shall finalize such measures and metrics by no later than December 31, 2013. (B) Implementation of measures and metrics The Secretary shall implement paragraph (2) of such section on January 1, 2014. (C) Report to Congress Subparagraph (H) of paragraph (1) of section 1704 of such title, as added by paragraph (2), shall apply with respect to the first report submitted under such section after January 1, 2014.

Access to Appropriate Immunizations for Veterans Act of 2013

Representation Fairness Restoration Act - Amends the National Labor Relations Act (NLRA) to revise requirements for determination by the National Labor Relation Board (NLRB) of an appropriate bargaining unit before an election of collective bargaining representation. (In effect reverses the NLRB's August 26, 2011, decision in Specialty Healthcare and Rehabilitation of Mobile and its June 22, 2011, rulemaking regarding proposed changes to procedures involving the election of collective bargaining representation.) Replaces the current restriction in the meaning of collective bargaining unit to employer unit, craft unit, plant unit, or subdivision. Requires the NLRB, instead, to determine a unit as appropriate for collective bargaining if it consists of employees that share a sufficient community of interest. Specifies factors the NLRB must consider when making such determinations. Prohibits exclusion of employees from the unit unless the group's interests are sufficiently distinct from those of other employees to warrant the establishment of a separate unit.

To amend the National Labor Relations Act to provide for appropriate designation of collective bargaining units. 1. Short title This Act may be cited as the Representation Fairness Restoration Act 2. Amendment to the National Labor Relations Act Section 9(b) of the National Labor Relations Act ( 29 U.S.C. 159(b) In each case, prior to an election, the Board shall determine, in order to ensure to employees the fullest freedom in exercising the rights guaranteed by this Act, the unit appropriate for the purposes of collective bargaining. Unless otherwise stated in this Act, excluding acute health care facilities, the unit appropriate for purposes of collective bargaining shall consist of employees that share a sufficient community of interest. In determining whether employees share a sufficient community of interest, the Board shall consider (1) similarity of wages, benefits, and working conditions; (2) similarity of skills and training; (3) centrality of management and common supervision; (4) extent of interchange and frequency of contact between employees; (5) integration of the work flow and interrelationship of the production process; (6) the consistency of the unit with the employer's organizational structure; (7) similarity of job functions and work; and (8) the bargaining history in the particular unit and the industry. To avoid the proliferation or fragmentation of bargaining units, employees shall not be excluded from the unit unless the interests of the group sought are sufficiently distinct from those of other employees to warrant the establishment of a separate unit. Whether additional employees should be included in a proposed unit shall be based on whether such additional employees and proposed unit members share a sufficient community of interest, with the exception of proposed accretions to an existing unit, in which the inclusion of additional employees shall be based on whether such additional employees and existing unit members share an overwhelming community of interest and the additional employees have little or no separate identity.

A bill to amend the National Labor Relations Act to provide for appropriate designation of collective bargaining units.

Elko Motocross and Tribal Conveyance Act - Directs the Secretary of the Interior to convey to Elko County, Nevada, without consideration, all right, title, and interest of the United States in and to approximately 275 acres of land managed by the Bureau of Land Management (BLM), Elko District, Nevada, as depicted on the map as "Elko Motocross Park." Requires the land conveyed to be used only: (1) as a motocross, bicycle, off-highway vehicle, or stock car racing area; or (2) for any other public purpose consistent with the Recreation and Public Purposes Act. Holds approximately 373 acres of BLM administered land in trust for the Te-moak Tribe of Western Shoshone Indians of Nevada. Makes such land part of the Tribe's reservation. Prohibits class II or III gaming on such land. Limits the use of such land to: (1) traditional and customary uses, (2) stewardship conservation for the benefit of the Tribe, and (3) residential or recreational development. Requires the Tribe to pay the Secretary of the Interior the fair market value of any portion of such land used for another purpose.

To require the Secretary of the Interior to convey certain Federal land to Elko County, Nevada, and to take land into trust for the Te-moak Tribe of Western Shoshone Indians of Nevada, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Elko Motocross and Tribal Conveyance Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I—Elko Motocross Land Conveyance Sec. 101. Definitions. Sec. 102. Conveyance of land to county. TITLE II—Elko Indian Colony Expansion Sec. 201. Definitions. Sec. 202. Land to be held in trust for the Te-moak Tribe of Western Shoshone Indians of Nevada. Sec. 203. Authorization of appropriations. 2. Definition of Secretary In this Act, the term Secretary I Elko Motocross land conveyance 101. Definitions In this title: (1) City The term city (2) County The term county (3) Map The term map Elko Motocross Park 102. Conveyance of land to county (a) In general As soon as practicable after the date of enactment of this Act, subject to valid existing rights and the provisions of this section, the Secretary shall convey to the county, without consideration, all right, title, and interest of the United States in and to the land described in subsection (b). (b) Description of land The land referred to in subsection (a) consists of approximately 275 acres of land managed by the Bureau of Land Management, Elko District, Nevada, as generally depicted on the map as Elko Motocross Park (c) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the parcel to be conveyed under this section. (2) Minor errors The Secretary may correct any minor error in— (A) the map; or (B) the legal description. (3) Availability The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Use of conveyed land The land conveyed under this section shall be used only as a motocross, bicycle, off-highway vehicle, or stock car racing area, or for any other public purpose consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act 43 U.S.C. 869 et seq. (e) Administrative costs The Secretary shall require the county to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (b). (f) Reversion If the land conveyed under this section ceases to be used for a public purpose in accordance with subsection (d), the land shall, at the discretion of the Secretary, revert to the United States. II Elko Indian Colony expansion 201. Definitions In this title: (1) Map The term map Te-moak Tribal Land Expansion (2) Tribe The term Tribe 202. Land to be held in trust for the Te-moak Tribe of Western Shoshone Indians of Nevada (a) In general Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in subsection (b)— (1) shall be held in trust by the United States for the benefit and use of the Tribe; and (2) shall be part of the reservation of the Tribe. (b) Description of land The land referred to in subsection (a) consists of approximately 373 acres of land administered by the Bureau of Land Management, as generally depicted on the map as Lands to be Held in Trust (c) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). (d) Conditions (1) Gaming Land taken into trust under subsection (a) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). (2) Use of trust land (A) In general The Tribe shall use the land taken into trust under subsection (a) only for— (i) traditional and customary uses; (ii) stewardship conservation for the benefit of the Tribe; or (iii) residential or recreational development. (B) Other uses If the Tribe uses any portion of the land taken into trust under subsection (a) for a purpose other than a purpose described in subparagraph (A), the Tribe shall pay to the Secretary an amount that is equal to the fair market value of the portion of the land, as determined by an appraisal. (C) Use of funds Any amounts received by the Secretary under subparagraph (B) shall be— (i) deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act ( 43 U.S.C. 2305(a) (ii) used in accordance with that Act. (3) Thinning; landscape restoration With respect to the land taken into trust under subsection (a), the Secretary, in consultation and coordination with the Tribe, may carry out any fuels reduction and other landscape restoration activities on the land that is beneficial to the Tribe and the Bureau of Land Management. 203. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this title.

Elko Motocross and Tribal Conveyance Act

Restore Our Privacy Act - Amends the Foreign Intelligence Surveillance Act of 1978 to authorize the Director of the Federal Bureau of Investigation (FBI) to apply for an order requiring the production of any tangible things only: (1) for an investigation to obtain foreign intelligence information not concerning a U.S. person; or (2) for an investigation concerning international terrorism (currently, to protect against international terrorism or clandestine intelligence activities). Requires the application for such an order to include specific and articulable facts giving reason to believe (currently, a statement of facts showing that there are reasonable grounds to believe) that each tangible thing sought is relevant to an authorized investigation. Eliminates as presumptively relevant to such an investigation tangible things that pertain to an individual in contact with, or known to, a suspected agent of a foreign power who is the subject of such authorized investigation. Requires the judge, for each tangible thing to be released, to enter a finding that the Director has presented specific and articulable facts giving reason to believe that the thing is relevant to an authorized investigation (other than a threat assessment). Requires the Attorney General to: (1) fully inform Congress semiannually (currently, annually) concerning the total number of applications made for orders approving requests for the production of tangible things and the total number of such orders either granted, modified, or denied; (2) include in such information a description with respect to each application of the specific purpose for such production and an analysis of the effectiveness of each application that was granted or modified in protecting U.S. citizens against terrorism; and (3) make such information available to the public in a manner consistent with the protection of national security.

To amend the Foreign Intelligence Surveillance Act of 1978 to limit overbroad surveillance requests and expand reporting requirements and for other purposes. 1. Short title This Act may be cited as the Restore Our Privacy Act 2. Limiting overbroad surveillance requests Section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 (1) in subsection (a)(1), by striking to protect against international terrorism or clandestine intelligence activities, for an investigation concerning international terrorism which investigation is being conducted by the Federal Bureau of Investigation, (2) in subsection (b)(2)(A)— (A) in the matter preceding clause (i)— (i) by striking a statement of facts showing that there are reasonable grounds specific and articulable facts giving reason (ii) by inserting each of the tangible things (iii) by striking are is (iv) by striking to protect against international terrorism or clandestine intelligence activities, an investigation concerning international terrorism which investigation is being conducted by the Federal Bureau of Investigation, (B) in clause (i), by adding or (C) in clause (ii), by striking or and (D) by striking clause (iii); and (3) in subsection (c)(1), after “the release of tangible things.” by inserting For each tangible thing to be released, the judge shall enter a finding that the Director of the Federal Bureau of Investigation or the Director’s designee has presented specific and articulable facts giving reason to believe that the thing is relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) of this section to obtain foreign intelligence information not concerning a United States person or an investigation concerning international terrorism which investigation is being conducted by the Federal Bureau of Investigation. 3. Expansion of reporting requirements under FISA Section 502 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1862 (a) On a semiannual basis, the Attorney General shall fully inform Congress concerning all requests for the production of tangible things under section 501, including with respect to the preceding 6-month period— (1) the total number of applications made for orders approving requests for the production of tangible things under section 501; and (2) the total number of such orders either granted, modified, or denied. (b) In informing Congress under subsection (a), the Attorney General shall include the following: (1) A description with respect to each application for an order requiring the production of any tangible things for the specific purpose for such production. (2) An analysis of the effectiveness of each application that was granted or modified in protecting citizens of the United States against terrorism. (c) In a manner consistent with the protection of the national security of the United States, the Attorney General shall make available to the public the information provided to Congress under subsection (a). .

Restore Our Privacy Act

Limestone Hills Training Area Withdrawal Act of 2014 - (Sec. 2) Withdraws 18,644 acres of public lands and interests in Broadwater County, Montana. Reserves the withdrawn land for the Army for: (1) training for active and reserve forces; (2) construction and operation of support and maintenance facilities for those forces; (3) training by the Montana Department of Military Affairs; (4) training by state and local law enforcement agencies, civil defense organizations, and public education institutions; and (5) other defense-related purposes. Prohibits anything in this Act from being construed as altering any rights reserved for an Indian tribe for tribal use of land within the military land withdrawal area by treaty or federal law. Requires the Army to consult with any Indian tribes in the vicinity of the withdrawal area before taking action affecting tribal rights or cultural resources protected by treaty or federal law. (Sec. 4) Subjects the withdrawn federal land to regulations related to locatable mineral activities and mining. Prohibits the Army from restricting mining on the land. Directs the Army to remove unexploded ordnance on land subject to mining. Requires the Army and the Department of the Interior to enter into an agreement regarding coordination of defense-related uses and mining and the ongoing removal of unexploded ordnance. (Sec. 5) Gives Interior authority to issue grazing permits and leases on this land. (Sec. 6) Terminates this withdrawal and reservation on March 31, 2039. (Sec. 7) Permits hunting, fishing, and trapping on the withdrawn land. (Sec. 8) Declares that nothing in this Act shall be construed to: (1) establish a reservation in favor of the United States with respect to any water or water right on withdrawn land, or (2) authorize the appropriation of water on such land except in accordance with applicable state law. (Sec. 9 ) Requires the Army to take necessary precautions to prevent, and actions to, suppress brush and range fires occurring as a result of military activities on the land. Requires Interior, at the Army's request, to assist in the suppression of such fires, and be reimbursed by the Army. (Sec. 10) Instructs the Secretary of the Army to maintain a program of decontamination on the land for defense-related contamination. (Sec. 11) Prescribes a procedure for extending the withdrawal after its termination date. (Sec. 12) Declares that, upon termination of the withdrawal under this Act, the previously withdrawn land shall not be open to any form of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, until Interior publishes an appropriate order specifying when such land will be restored to the public domain and opened for such purposes. (Sec. 13) Prescribes a procedure for the Army to relinquish any or all of the lands. Requires the Army to decontaminate the relinquished land if practicable and economically feasible. Absolves Interior of any obligation to accept contaminated land or any land determined not suitable for return to the public domain.

To withdraw and reserve certain public land in the State of Montana for the Limestone Hills Training Area, and for other purposes. 1. Short title This Act may be cited as the Limestone Hills Training Area Withdrawal Act of 2013 2. Withdrawal and reservation of public lands for Limestone Hills Training Area, Montana (a) Withdrawal Subject to valid existing rights and except as provided in this Act, the public lands and interests in lands described in subsection (c), and all other areas within the boundaries of such lands as depicted on the map provided for by subsection (d) that may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. (b) Reservation; purpose Subject to the limitations and restrictions contained in section 4, the public lands withdrawn by subsection (a) are reserved for use by the Secretary of the Army for the following purposes: (1) The conduct of training for active and reserve components of the Armed Forces. (2) The construction, operation, and maintenance of organizational support and maintenance facilities for component units conducting training. (3) The conduct of training by the Montana Department of Military Affairs, except that any such use may not interfere with purposes specified in paragraphs (1) and (2). (4) The conduct of training by State and local law enforcement agencies, civil defense organizations, and public education institutions, except that any such use may not interfere with military training activities. (5) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs. (c) Land Description The public lands and interests in lands withdrawn and reserved by this section comprise approximately 18,644 acres in Broadwater County, Montana, as generally depicted as Proposed Land Withdrawal Limestone Hills Training Area Land Withdrawal (d) Legal description and map (1) In general As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall publish in the Federal Register a legal description of the public land withdrawn under subsection (a) and a copy of a map depicting the legal description of the withdrawn land. (2) Force of law The legal description and map published under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct errors in the legal description. (3) Reimbursement of costs The Secretary of the Army shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior in implementing this subsection. (e) Indian tribes Nothing in this Act shall be construed as altering any rights reserved for an Indian tribe for tribal use of lands within the military land withdrawal by treaty or Federal law. The Secretary of the Army shall consult with any Indian tribes in the vicinity of the military land withdrawal before taking action within the military land withdrawal affecting tribal rights or cultural resources protected by treaty or Federal law. 3. Management of withdrawn and reserved lands During the period of the withdrawal and reservation specified in section 6, the Secretary of the Army shall manage the public lands withdrawn by section 2 for the purposes specified in subsection (b) of such section, subject to the limitations and restrictions contained in section 4. 4. Special rules governing minerals management (a) Indian Creek Mine (1) In general Of the lands withdrawn by section 2, locatable mineral activities in the approved Indian Creek Mine plan of operations, MTM–78300, shall be regulated pursuant to subparts 3715 and 3809 of title 43, Code of Federal Regulations. (2) Restrictions on Secretary of the Army The Secretary of the Army shall make no determination that the disposition of or exploration for minerals as provided for in the approved plan of operations is inconsistent with the defense-related uses of the lands covered by the military land withdrawal. The coordination of such disposition of and exploration for minerals with defense-related uses of such lands shall be determined pursuant to procedures in an agreement provided for under subsection (c). (3) Opportunity to cure Notwithstanding the Act of May 10, 1872 (commonly known as the General Mining Act of 1872 20 U.S.C. 22 et seq. (b) Removal of unexploded ordnance on lands To be mined (1) Removal activities Subject to the availability of funds appropriated for such purpose, the Secretary of the Army shall remove unexploded ordnance on lands withdrawn by section 2 that are subject to mining under subsection (a), consistent with applicable Federal and State law. The Secretary of the Army may engage in such removal of unexploded ordnance in phases to accommodate the development of the Indian Creek Mine pursuant to subsection (a). (2) Report on removal activities The Secretary of the Army shall annually submit to the Secretary of the Interior a report regarding the unexploded ordnance removal activities for the previous fiscal year performed pursuant to this subsection. The report shall include— (A) the amounts of funding expended for unexploded ordnance removal on the lands withdrawn by section 2; and (B) the identification of the lands cleared of unexploded ordnance and approved for mining activities by the Secretary of the Interior. (c) Implementation agreement for mining activities The Secretary of the Interior and the Secretary of the Army shall enter into an agreement to implement this section with regard to coordination of defense-related uses and mining and the ongoing removal of unexploded ordnance. The duration of the agreement shall be the same as the period of the withdrawal under section 2, but may be amended from time to time. The agreement shall provide the following: (1) That Graymont Western US, Inc., or any successor or assign of the approved Indian Creek Mine mining plan of operations, MTM–78300, is invited to be a party to the agreement. (2) Provisions regarding the day-to-day joint-use of the Limestone Hills Training Area. (3) Provisions addressing when military and other authorized uses of the withdrawn lands will occur. (4) Provisions regarding when and where military use or training with explosive material will occur. (5) Provisions regarding the scheduling of training activities conducted within the withdrawn area that restrict mining activities and procedures for deconfliction with mining operations, including parameters for notification and resolution of anticipated changes to the schedule. (6) Provisions regarding liability and compensation for damages or injury caused by mining or military training activities. (7) Provisions for periodic review of the agreement for its adequacy, effectiveness, and need for revision. (8) Procedures for access through mining operations covered by this section to training areas within the boundaries of the Limestone Hills Training Area. (9) Procedures for scheduling of the removal of unexploded ordnance. (d) Existing memorandum of agreement Until such time as the agreement required under subsection (c) becomes effective, the compatible joint use of the lands withdrawn and reserved by section 2 shall be governed, to the extent compatible, by the terms of the 2005 Memorandum of Agreement among the Montana Army National Guard, Graymont Western US, Inc., and the Bureau of Land Management. 5. Grazing (a) Issuance and administration of permits and leases The issuance and administration of grazing permits and leases, including their renewal, on the public lands withdrawn by section 2 shall be managed by the Secretary of the Interior consistent with all applicable laws, regulations, and policies of the Secretary of the Interior relating to such permits and leases. (b) Safety requirements With respect to any grazing permit or lease issued after the date of the enactment of this Act for lands withdrawn by section 2, the Secretary of the Interior and the Secretary of the Army shall jointly establish procedures that are consistent with Department of the Army explosive and range safety standards and that provide for the safe use of any such lands. (c) Assignment The Secretary of the Interior may, with the agreement of the Secretary of the Army, assign the authority to issue and to administer grazing permits and leases to the Secretary of the Army, except that such an assignment may not include the authority to discontinue grazing on the lands withdrawn by section 2. 6. Duration of withdrawal and reservation The military land withdrawal made by section 2 shall terminate on March 31, 2039. 7. Payments in lieu of taxes The lands withdrawn by section 2 shall remain eligible as entitlement land under section 6901 of title 31, United States Code. 8. Hunting, fishing and trapping All hunting, fishing and trapping on the lands withdrawn by section 2 shall be conducted in accordance with section 2671 9. Water rights (a) Water rights Nothing in this Act shall be construed— (1) to establish a reservation in favor of the United States with respect to any water or water right on lands withdrawn by section 2; or (2) to authorize the appropriation of water on lands withdrawn by section 2, except in accordance with applicable State law. (b) Effect on previously acquired or reserved water rights This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act. 10. Brush and range fire prevention and suppression (a) Required activities The Secretary of the Army shall, consistent with any applicable land management plan, take necessary precautions to prevent, and actions to suppress, brush and range fires occurring as a result of military activities on the lands withdrawn and reserved by section 2, including fires outside those lands that spread from the withdrawn land and which occurred as a result of such activities. (b) Cooperation of secretary of the interior At the request of the Secretary of the Army, the Secretary of the Interior shall provide assistance in the suppression of such fires and shall be reimbursed for such assistance by the Secretary of the Army. Notwithstanding section 2215 11. On-going decontamination During the withdrawal and reservation authorized by section 2, the Secretary of the Army shall maintain, to the extent funds are available for such purpose, a program of decontamination of contamination caused by defense-related uses on such lands consistent with applicable Federal and State law. The Secretary of Defense shall include a description of such decontamination activities in the annual report required by section 2711 12. Application for renewal of a withdrawal and reservation (a) Notice To the extent practicable, no later than five years before the termination of the withdrawal and reservation made by section 2, the Secretary of the Army shall notify the Secretary of the Interior whether the Secretary of the Army will have a continuing defense-related need for any of the lands withdrawn and reserved by section 2 after the termination date of such withdrawal and reservation. The Secretary of the Army shall provide a copy of the notice to the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives. (b) Filing for extension If the Secretary of the Army concludes that there will be a continuing defense-related need for any of the withdrawn and reserved lands after the termination date, the Secretary of the Army shall file an application for extension of the withdrawal and reservation of such needed lands in accordance with the regulations and procedures of the Department of the Interior applicable to the extension of withdrawals and reservations. 13. Limitation on subsequent availability of lands for appropriation At the time of termination of a withdrawal and reservation made by section 2, the previously withdrawn lands shall not be open to any form of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, until the Secretary of the Interior publishes in the Federal Register an appropriate order specifying the date upon which such lands shall be restored to the public domain and opened for such purposes. 14. Relinquishment (a) Notice of intention To relinquish If, during the period of withdrawal and reservation under section 2, the Secretary of the Army decides to relinquish any or all of the lands withdrawn and reserved, the Secretary of the Army shall file a notice of intention to relinquish with the Secretary of the Interior. (b) Determination of contamination As a part of the notice under subsection (a), the Secretary of the Army shall include a written determination concerning whether and to what extent the lands that are to be relinquished are contaminated with explosive materials or toxic or hazardous substances. (c) Public notice The Secretary of the Interior shall publish in the Federal Register the notice of intention to relinquish, including the determination concerning the contaminated state of the lands. (d) Decontamination of lands To be relinquished (1) Conditions requiring decontamination If land subject of a notice of intention to relinquish pursuant to subsection (a) is contaminated, and the Secretary of the Interior, in consultation with the Secretary of the Army, determines that decontamination is practicable and economically feasible (taking into consideration the potential future use and value of the land) and that, upon decontamination, the land could be opened to operation of some or all of the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, the Secretary of the Army shall decontaminate the land to the extent that funds are appropriated for such purpose. (2) Discretion if conditions not met If the Secretary of the Interior, after consultation with the Secretary of the Army, concludes that decontamination of land subject of a notice of intention to relinquish pursuant to subsection (a) is not practicable or economically feasible, or that the land cannot be decontaminated sufficiently to be opened to operation of some or all of the public land laws, or if Congress does not appropriate sufficient funds for the decontamination of such land, the Secretary of the Interior shall not be required to accept the land proposed for relinquishment. (3) Response If the Secretary of the Interior declines to accept the lands that have been proposed for relinquishment because of their contaminated state, or if at the expiration of the withdrawal and reservation made by section 2 the Secretary of the Interior determines that some of the lands withdrawn and reserved are contaminated to an extent which prevents opening such contaminated lands to operation of the public land laws— (A) the Secretary of the Army shall take appropriate steps to warn the public of the contaminated state of such lands and any risks associated with entry onto such lands; (B) after the expiration of the withdrawal and reservation, the Secretary of the Army shall undertake no activities on such lands except in connection with decontamination of such lands; and (C) the Secretary of the Army shall report to the Secretary of the Interior and to the Congress concerning the status of such lands and all actions taken in furtherance of this paragraph. (e) Revocation authority Upon deciding that it is in the public interest to accept the lands proposed for relinquishment pursuant to subsection (a), the Secretary of the Interior may order the revocation of the withdrawal and reservation made by section 2 as it applies to such lands. The Secretary of the Interior shall publish in the Federal Register the revocation order, which shall— (1) terminate the withdrawal and reservation; (2) constitute official acceptance of the lands by the Secretary of the Interior; and (3) state the date upon which the lands will be opened to the operation of some or all of the public land laws, including the mining laws. (f) Acceptance by secretary of the interior Nothing in this section shall be construed to require the Secretary of the Interior to accept the lands proposed for relinquishment if the Secretary determines that such lands are not suitable for return to the public domain. If the Secretary makes such a determination, the Secretary shall provide notice of the determination to Congress. 1. Short title This Act may be cited as the Limestone Hills Training Area Withdrawal Act of 2014 2. Withdrawal and reservation of public lands for Limestone Hills Training Area, Montana (a) Withdrawal Subject to valid existing rights and except as provided in this Act, the public lands and interests in lands described in subsection (c), and all other areas within the boundaries of such lands as depicted on the map provided for by subsection (d) that may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. (b) Reservation; purpose Subject to the limitations and restrictions contained in section 4, the public lands withdrawn by subsection (a) are reserved for use by the Secretary of the Army for the following purposes: (1) The conduct of training for active and reserve components of the Armed Forces. (2) The construction, operation, and maintenance of organizational support and maintenance facilities for component units conducting training. (3) The conduct of training by the Montana Department of Military Affairs, except that any such use may not interfere with purposes specified in paragraphs (1) and (2). (4) The conduct of training by State and local law enforcement agencies, civil defense organizations, and public education institutions, except that any such use may not interfere with military training activities. (5) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs. (c) Land Description The public lands and interests in lands withdrawn and reserved by this section comprise approximately 18,644 acres in Broadwater County, Montana, as generally depicted as Proposed Land Withdrawal Limestone Hills Training Area Land Withdrawal (d) Legal description and map (1) In general As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall publish in the Federal Register a legal description of the public land withdrawn under subsection (a) and a copy of a map depicting the legal description of the withdrawn land. (2) Force of law The legal description and map published under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct errors in the legal description. (3) Reimbursement of costs The Secretary of the Army shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior in implementing this subsection. (e) Indian tribes Nothing in this Act shall be construed as altering any rights reserved for an Indian tribe for tribal use of lands within the military land withdrawal by treaty or Federal law. The Secretary of the Army shall consult with any Indian tribes in the vicinity of the military land withdrawal before taking action within the military land withdrawal affecting tribal rights or cultural resources protected by treaty or Federal law. 3. Management of withdrawn and reserved lands During the period of the withdrawal and reservation specified in section 6, the Secretary of the Army shall manage the public lands withdrawn by section 2 for the purposes specified in subsection (b) of such section, subject to the limitations and restrictions contained in section 4. 4. Special rules governing minerals management (a) Indian Creek Mine (1) In general Of the lands withdrawn by section 2, locatable mineral activities in the approved Indian Creek Mine plan of operations, MTM–78300, shall be regulated pursuant to subparts 3715 and 3809 of title 43, Code of Federal Regulations. (2) Restrictions on Secretary of the Army The Secretary of the Army shall make no determination that the disposition of or exploration for minerals as provided for in the approved plan of operations is inconsistent with the defense-related uses of the lands covered by the military land withdrawal. The coordination of such disposition of and exploration for minerals with defense-related uses of such lands shall be determined pursuant to procedures in an agreement provided for under subsection (c). (b) Removal of unexploded ordnance on lands To be mined (1) Removal activities Subject to the availability of funds appropriated for such purpose, the Secretary of the Army shall remove unexploded ordnance on lands withdrawn by section 2 that are subject to mining under subsection (a), consistent with applicable Federal and State law. The Secretary of the Army may engage in such removal of unexploded ordnance in phases to accommodate the development of the Indian Creek Mine pursuant to subsection (a). (2) Report on removal activities The Secretary of the Army shall annually submit to the Secretary of the Interior a report regarding the unexploded ordnance removal activities for the previous fiscal year performed pursuant to this subsection. The report shall include— (A) the amounts of funding expended for unexploded ordnance removal on the lands withdrawn by section 2; and (B) the identification of the lands cleared of unexploded ordnance and approved for mining activities by the Secretary of the Interior. (c) Implementation agreement for mining activities The Secretary of the Interior and the Secretary of the Army shall enter into an agreement to implement this section with regard to coordination of defense-related uses and mining and the ongoing removal of unexploded ordnance. The duration of the agreement shall be the same as the period of the withdrawal under section 2, but may be amended from time to time. The agreement shall provide the following: (1) That Graymont Western US, Inc., or any successor or assign of the approved Indian Creek Mine mining plan of operations, MTM–78300, is invited to be a party to the agreement. (2) Provisions regarding the day-to-day joint-use of the Limestone Hills Training Area. (3) Provisions addressing when military and other authorized uses of the withdrawn lands will occur. (4) Provisions regarding when and where military use or training with explosive material will occur. (5) Provisions regarding the scheduling of training activities conducted within the withdrawn area that restrict mining activities and procedures for deconfliction with mining operations, including parameters for notification and resolution of anticipated changes to the schedule. (6) Procedures for access through mining operations covered by this section to training areas within the boundaries of the Limestone Hills Training Area. (7) Procedures for scheduling of the removal of unexploded ordnance. (d) Existing memorandum of agreement Until such time as the agreement required under subsection (c) becomes effective, the compatible joint use of the lands withdrawn and reserved by section 2 shall be governed, to the extent compatible, by the terms of the 2005 Memorandum of Agreement among the Montana Army National Guard, Graymont Western US, Inc., and the Bureau of Land Management. 5. Grazing (a) Issuance and administration of permits and leases The issuance and administration of grazing permits and leases, including their renewal, on the public lands withdrawn by section 2 shall be managed by the Secretary of the Interior consistent with all applicable laws, regulations, and policies of the Secretary of the Interior relating to such permits and leases. (b) Safety requirements With respect to any grazing permit or lease issued after the date of the enactment of this Act for lands withdrawn by section 2, the Secretary of the Interior and the Secretary of the Army shall jointly establish procedures that are consistent with Department of the Army explosive and range safety standards and that provide for the safe use of any such lands. (c) Assignment The Secretary of the Interior may, with the agreement of the Secretary of the Army, assign the authority to issue and to administer grazing permits and leases to the Secretary of the Army, except that such an assignment may not include the authority to discontinue grazing on the lands withdrawn by section 2. 6. Duration of withdrawal and reservation The military land withdrawal made by section 2 shall terminate on March 31, 2039. 7. Hunting, fishing and trapping All hunting, fishing and trapping on the lands withdrawn by section 2 shall be conducted in accordance with section 2671 8. Water rights (a) Water rights Nothing in this Act shall be construed— (1) to establish a reservation in favor of the United States with respect to any water or water right on lands withdrawn by section 2; or (2) to authorize the appropriation of water on lands withdrawn by section 2, except in accordance with applicable State law. (b) Effect on previously acquired or reserved water rights This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act. 9. Brush and range fire prevention and suppression (a) Required activities The Secretary of the Army shall, consistent with any applicable land management plan, take necessary precautions to prevent, and actions to suppress, brush and range fires occurring as a result of military activities on the lands withdrawn and reserved by section 2, including fires outside those lands that spread from the withdrawn land and which occurred as a result of such activities. (b) Cooperation of secretary of the interior At the request of the Secretary of the Army, the Secretary of the Interior shall provide assistance in the suppression of such fires and shall be reimbursed for such assistance by the Secretary of the Army. Notwithstanding section 2215 10. On-going decontamination During the withdrawal and reservation authorized by section 2, the Secretary of the Army shall maintain, to the extent funds are available for such purpose, a program of decontamination of contamination caused by defense-related uses on such lands consistent with applicable Federal and State law. The Secretary of Defense shall include a description of such decontamination activities in the annual report required by section 2711 11. Application for renewal of a withdrawal and reservation (a) Notice To the extent practicable, no later than five years before the termination of the withdrawal and reservation made by section 2, the Secretary of the Army shall notify the Secretary of the Interior whether the Secretary of the Army will have a continuing defense-related need for any of the lands withdrawn and reserved by section 2 after the termination date of such withdrawal and reservation. The Secretary of the Army shall provide a copy of the notice to the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives. (b) Filing for extension If the Secretary of the Army concludes that there will be a continuing defense-related need for any of the withdrawn and reserved lands after the termination date, the Secretary of the Army shall file an application for extension of the withdrawal and reservation of such needed lands in accordance with the regulations and procedures of the Department of the Interior applicable to the extension of withdrawals and reservations. 12. Limitation on subsequent availability of lands for appropriation At the time of termination of a withdrawal and reservation made by section 2, the previously withdrawn lands shall not be open to any form of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, until the Secretary of the Interior publishes in the Federal Register an appropriate order specifying the date upon which such lands shall be restored to the public domain and opened for such purposes. 13. Relinquishment (a) Notice of intention To relinquish If, during the period of withdrawal and reservation under section 2, the Secretary of the Army decides to relinquish any or all of the lands withdrawn and reserved, the Secretary of the Army shall file a notice of intention to relinquish with the Secretary of the Interior. (b) Determination of contamination As a part of the notice under subsection (a), the Secretary of the Army shall include a written determination concerning whether and to what extent the lands that are to be relinquished are contaminated with explosive materials or toxic or hazardous substances. (c) Public notice The Secretary of the Interior shall publish in the Federal Register the notice of intention to relinquish, including the determination concerning the contaminated state of the lands. (d) Decontamination of lands To be relinquished (1) Conditions requiring decontamination If land subject of a notice of intention to relinquish pursuant to subsection (a) is contaminated, and the Secretary of the Interior, in consultation with the Secretary of the Army, determines that decontamination is practicable and economically feasible (taking into consideration the potential future use and value of the land) and that, upon decontamination, the land could be opened to operation of some or all of the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, the Secretary of the Army shall decontaminate the land to the extent that funds are appropriated for such purpose. (2) Discretion if conditions not met If the Secretary of the Interior, after consultation with the Secretary of the Army, concludes that decontamination of land subject of a notice of intention to relinquish pursuant to subsection (a) is not practicable or economically feasible, or that the land cannot be decontaminated sufficiently to be opened to operation of some or all of the public land laws, or if Congress does not appropriate sufficient funds for the decontamination of such land, the Secretary of the Interior shall not be required to accept the land proposed for relinquishment. (3) Response If the Secretary of the Interior declines to accept the lands that have been proposed for relinquishment because of their contaminated state, or if at the expiration of the withdrawal and reservation made by section 2 the Secretary of the Interior determines that some of the lands withdrawn and reserved are contaminated to an extent which prevents opening such contaminated lands to operation of the public land laws— (A) the Secretary of the Army shall take appropriate steps to warn the public of the contaminated state of such lands and any risks associated with entry onto such lands; (B) after the expiration of the withdrawal and reservation, the Secretary of the Army shall undertake no activities on such lands except in connection with decontamination of such lands; and (C) the Secretary of the Army shall report to the Secretary of the Interior and to the Congress concerning the status of such lands and all actions taken in furtherance of this paragraph. (e) Revocation authority Upon deciding that it is in the public interest to accept the lands proposed for relinquishment pursuant to subsection (a), the Secretary of the Interior may order the revocation of the withdrawal and reservation made by section 2 as it applies to such lands. The Secretary of the Interior shall publish in the Federal Register the revocation order, which shall— (1) terminate the withdrawal and reservation; (2) constitute official acceptance of the lands by the Secretary of the Interior; and (3) state the date upon which the lands will be opened to the operation of some or all of the public land laws, including the mining laws. (f) Acceptance by secretary of the interior Nothing in this section shall be construed to require the Secretary of the Interior to accept the lands proposed for relinquishment if the Secretary determines that such lands are not suitable for return to the public domain. If the Secretary makes such a determination, the Secretary shall provide notice of the determination to Congress. May 14, 2014 Reported with an amendment

Limestone Hills Training Area Withdrawal Act of 2014

Medicare Prescription Drug Price Negotiation Act of 2013 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to negotiate with pharmaceutical manufacturers the prices that may be charged to Medicare part D prescription drug plan (PDP) sponsors and MedicareAdvantage (MA) organizations for covered part D drugs for part D eligible individuals who are enrolled under a PDP or under an MA-Prescription Drug (MA-PD) plan.

To amend part D of title XVIII of the Social Security Act to require the Secretary of Health and Human Services to negotiate covered part D drug prices on behalf of Medicare beneficiaries. 1. Short title This Act may be cited as the Medicare Prescription Drug Price Negotiation Act of 2013 2. Negotiation of lower covered part D drug prices on behalf of Medicare beneficiaries (a) Negotiation by Secretary Section 1860D–11 of the Social Security Act (42 U.S.C. 1395w–111) is amended by striking subsection (i) (relating to noninterference) and inserting the following: (i) Negotiation of Lower Drug Prices (1) In general Notwithstanding any other provision of law, the Secretary shall negotiate with pharmaceutical manufacturers the prices (including discounts, rebates, and other price concessions) that may be charged to PDP sponsors and MA organizations for covered part D drugs for part D eligible individuals who are enrolled under a prescription drug plan or under an MA–PD plan. (2) No change in rules for formularies (A) In general Nothing in paragraph (1) shall be construed to authorize the Secretary to establish or require a particular formulary. (B) Construction Subparagraph (A) shall not be construed as affecting the Secretary’s authority to ensure appropriate and adequate access to covered part D drugs under prescription drug plans and under MA–PD plans, including compliance of such plans with formulary requirements under section 1860D–4(b)(3). (3) Construction Nothing in this subsection shall be construed as preventing the sponsor of a prescription drug plan, or an organization offering an MA–PD plan, from obtaining a discount or reduction of the price for a covered part D drug below the price negotiated under paragraph (1). (4) Semi-annual reports to congress Not later than June 1, 2014, and every 6 months thereafter, the Secretary shall submit to the Committees on Ways and Means, Energy and Commerce, and Oversight and Government Reform of the House of Representatives and the Committee on Finance of the Senate a report on negotiations conducted by the Secretary to achieve lower prices for Medicare beneficiaries, and the prices and price discounts achieved by the Secretary as a result of such negotiations. . (b) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall first apply to negotiations and prices for plan years beginning on January 1, 2014.

Medicare Prescription Drug Price Negotiation Act of 2013

Youth Jobs Act - Establishes in the Treasury the Youth Jobs Fund, with an initial appropriation of $3 billion for FY2014. Requires the Secretary of Labor to make certain Fund allocations to each state with an approved workforce investment system plan modification, other specified requests for funds, and Native American program grantees to provide summer and year-round employment opportunities to low-income youth. Requires the Secretary to award allocations and competitive grants to local entities for work-based training and other work-related and educational strategies and activities of demonstrated effectiveness to provide unemployed, low-income young adults and low-income youths with skills that will lead to employment. Subjects activities funded under this Act to federal labor standards and nondiscrimination protections.

To provide for youth jobs, and for other purposes. 1. Short title This Act may be cited as the Youth Jobs Act 2. Establishment of Youth Jobs Fund (a) Establishment There is established in the Treasury of the United States an account that shall be known as the Youth Jobs Fund (referred to in this Act as the Fund (b) Deposits into the fund Out of any amounts in the Treasury not otherwise appropriated, there is appropriated $3,000,000,000 for fiscal year 2014, which shall be paid to the Fund, to be used by the Secretary of Labor to carry out this Act. (c) Availability of funds Of the amounts available to the Fund under subsection (b), the Secretary of Labor shall— (1) allot $1,500,000,000 in accordance with section 3 to provide summer and year-round employment opportunities to low-income youth; and (2) award $1,500,000,000 in allotments and competitive grants in accordance with section 4 to local entities to carry out work-based training and other work-related and educational strategies and activities of demonstrated effectiveness to unemployed, low-income young adults and low-income youth to provide the skills and assistance needed to obtain employment. (d) Period of availability The amounts appropriated under this Act shall be available for obligation by the Secretary of Labor until December 31, 2014, and shall be available for expenditure by grantees (including subgrantees) until September 30, 2015. 3. Summer employment and year-round employment opportunities for low-income youth (a) In general From the funds available under section 2(c)(1), the Secretary of Labor shall make an allotment under subsection (c) to each State that has a modification to a State plan approved under section 112 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822 State plan modification Native American grantee (b) Guidance and application of requirements (1) Guidance Not later than 20 days after the date of enactment of this Act, the Secretary of Labor shall issue guidance regarding the implementation of this section. (2) Procedures Such guidance shall, consistent with this section, include procedures for— (A) the submission and approval of State plan modifications, for such other forms of requests for funds by the State as may be identified in such guidance, for modifications to local plans approved under section 118 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2833 local plan modification (B) the allotment and allocation of funds, including reallotment and reallocation of such funds, that promote such implementation. (3) Requirements Except as otherwise provided in the guidance described in paragraph (1) and in this section and other provisions of this Act, the funds provided for activities under this section shall be administered in accordance with the provisions of subtitles B and E of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq., 2911 et seq.) relating to youth activities. (c) State allotments (1) In general Using the funds described in subsection (a), the Secretary of Labor shall allot to each State the total of the amounts assigned to the State under subparagraphs (A) and (B) of paragraph (2). (2) Assignments to States (A) Minimum amounts Using funds described in subsection (a), the Secretary of Labor shall assign to each State an amount equal to ½ of 1 percent of such funds. (B) Formula amounts The Secretary of Labor shall assign the remainder of the funds described in subsection (a) among the States by assigning— (i) one-half on the basis of the relative number of young unemployed individuals in areas of substantial youth unemployment in each State, compared to the total number of young unemployed individuals in areas of substantial youth unemployment in all States; and (ii) one-half on the basis of the relative number of disadvantaged young adults and youth in each State, compared to the total number of disadvantaged young adults and youth in all States. (3) Reallotment If the Governor of a State does not submit a State plan modification or other State request for funds specified in guidance under subsection (b) by the date specified in subsection (d)(2)(A), or a State does not receive approval of such State plan modification or request, the amount the State would have been eligible to receive pursuant to paragraph (2) shall be transferred within the Fund and added to the amounts available for competitive grants under sections 2(c)(2) and 4(b)(2). (4) Definitions For purposes of paragraph (2): (A) Area of substantial youth unemployment The term area of substantial youth unemployment (B) Disadvantaged young adult or youth The term disadvantaged young adult or youth (i) the poverty line; or (ii) 70 percent of the lower living standard income level. (C) Young unemployed individual The term young unemployed individual (d) State plan modification (1) In general For a State to be eligible to receive an allotment of funds under subsection (c), the Governor of the State shall submit to the Secretary of Labor a State plan modification, or other State request for funds specified in guidance under subsection (b), in such form and containing such information as the Secretary may require. At a minimum, such State plan modification or request shall include— (A) a description of the strategies and activities to be carried out to provide summer employment opportunities and year-round employment opportunities, including linkages to training and educational activities, consistent with subsection (f); (B) a description of the requirements the State will apply relating to the eligibility of low-income youth, consistent with section 2(4), for summer employment opportunities and year-round employment opportunities, which requirements may include criteria to target assistance to particular categories of such low-income youth, such as youth with disabilities, consistent with subsection (f); (C) a description of the performance outcomes to be achieved by the State through the activities carried out under this section and the processes the State will use to track performance, consistent with guidance provided by the Secretary of Labor regarding such outcomes and processes and with section 5(b); (D) a description of the timelines for implementation of the strategies and activities described in subparagraph (A), and the number of low-income youth expected to be placed in summer employment opportunities, and year-round employment opportunities, respectively, by quarter; (E) assurances that the State will report such information, relating to fiscal, performance, and other matters, as the Secretary may require and as the Secretary determines is necessary to effectively monitor the activities carried out under this section; (F) assurances that the State will ensure compliance with the requirements, restrictions, labor standards, and other provisions described in section 5(a); and (G) if a local board and chief elected official in the State will provide employment opportunities with the link to training and educational activities described in subsection (f)(2)(B), a description of how the training and educational activities will lead to the industry-recognized credential involved. (2) Submission and approval of State plan modification or request (A) Submission The Governor shall submit the State plan modification or other State request for funds specified in guidance under subsection (b) to the Secretary of Labor not later than 30 days after the issuance of such guidance. (B) Approval The Secretary of Labor shall approve the State plan modification or request submitted under subparagraph (A) within 30 days after submission, unless the Secretary determines that the plan or request is inconsistent with the requirements of this section. If the Secretary has not made a determination within that 30-day period, the plan or request shall be considered to be approved. If the plan or request is disapproved, the Secretary may provide a reasonable period of time in which the plan or request may be amended and resubmitted for approval. If the plan or request is approved, the Secretary shall allot funds to the State under subsection (c) within 30 days after such approval. (3) Modifications to State plan or request The Governor may submit further modifications to a State plan modification or other State request for funds specified under subsection (b), consistent with the requirements of this section. (e) Within-State allocation and administration (1) In general Of the funds allotted to the State under subsection (c), the Governor— (A) may reserve not more than 5 percent of the funds for administration and technical assistance; and (B) shall allocate the remainder of the funds among local workforce investment areas within the State in accordance with clauses (i) and (ii) of subsection (c)(2)(B), except that for purposes of such allocation references to a State in subsection (c)(2)(B) shall be deemed to be references to a local workforce investment area and references to all States shall be deemed to be references to all local workforce investment areas in the State involved. (2) Local plan (A) Submission In order to receive an allocation under paragraph (1)(B), the local workforce investment board, in partnership with the chief elected official for the local workforce investment area involved, shall submit to the Governor a local plan modification, or such other request for funds by local workforce investment areas as may be specified in guidance under subsection (b), not later than 30 days after the submission by the State of the State plan modification or other State request for funds specified in guidance under subsection (b), describing the strategies and activities to be carried out under this section. (B) Approval The Governor shall approve the local plan modification or other local request for funds submitted under subparagraph (A) within 30 days after submission, unless the Governor determines that the plan or request is inconsistent with requirements of this section. If the Governor has not made a determination within that 30-day period, the plan shall be considered to be approved. If the plan or request is disapproved, the Governor may provide a reasonable period of time in which the plan or request may be amended and resubmitted for approval. If the plan or request is approved, the Governor shall allocate funds to the local workforce investment area within 30 days after such approval. (3) Reallocation If a local workforce investment board and chief elected official do not submit a local plan modification (or other local request for funds specified in guidance under subsection (b)) by the date specified in paragraph (2), or the Governor disapproves a local plan, the amount the local workforce investment area would have been eligible to receive pursuant to the formula under paragraph (1)(B) shall be allocated to local workforce investment areas that receive approval of their local plan modifications or local requests for funds under paragraph (2). Each such local workforce investment area shall receive a share of the total amount available for reallocation under this paragraph, in accordance with the area's share of the total amount allocated under paragraph (1)(B) to such local workforce investment areas. (f) Use of funds (1) In general The funds made available under this section shall be used— (A) to provide summer employment opportunities for low-income youth, with direct linkages to academic and occupational learning, and may be used to provide supportive services, such as transportation or child care, that is necessary to enable the participation of such youth in the opportunities; and (B) to provide year-round employment opportunities, which may be combined with other activities authorized under section 129 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2854 (2) Program priorities In administering the funds under this section, the local board and chief elected official shall give priority to— (A) identifying employment opportunities that are— (i) in emerging or in-demand occupations in the local workforce investment area; or (ii) in the public or nonprofit sector and meet community needs; and (B) linking participants in year-round employment opportunities to training and educational activities that will provide such participants an industry-recognized certificate or credential (referred to in this Act as an industry-recognized credential (3) Administration Not more than 5 percent of the funds allocated to a local workforce investment area under this section may be used for the costs of administration of this section. (4) Performance accountability For activities funded under this section, in lieu of meeting the requirements described in section 136 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871 4. Work-based employment strategies and activities of demonstrated effectiveness (a) In general From the funds available under section 2(c)(2), the Secretary of Labor shall make allotments to States, and award grants to eligible entities, under subsection (b) to carry out work-based strategies and activities of demonstrated effectiveness. (b) Allotments and grants (1) Allotments to States for grants (A) Allotments Using funds described in subsection (a), the Secretary of Labor shall allot to each State an amount equal to ½ of 1 percent of such funds. (B) Grants to eligible entities The State shall use the funds to award grants, on a competitive basis, to eligible entities in the State. (2) Direct grants to eligible entities Using the funds described in subsection (a) that are not allotted under paragraph (1), the Secretary of Labor shall award grants on a competitive basis to eligible entities. (c) Eligible entity To be eligible to receive a grant under this section, an entity— (1) shall include— (A) a partnership involving a chief elected official and the local workforce investment board for the local workforce investment area involved (which may include a partnership with such elected officials and workforce investment boards and State elected officials and State boards (as defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 (B) an entity eligible to apply for a grant, contract, or agreement under section 166 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2911 (2) may include, in combination with a partnership or entity described in paragraph (1)— (A) employers or employer associations; (B) adult education providers or postsecondary educational institutions, including community colleges; (C) community-based organizations; (D) joint labor-management committees; (E) work-related intermediaries; or (F) other appropriate organizations. (d) Application To be eligible to receive a grant under this section, an entity shall submit to the Secretary of Labor (or to the State, if applying for a grant under subsection (b)(1)(B)) an application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the application shall— (1) describe the strategies and activities of demonstrated effectiveness that the eligible entity will carry out to provide unemployed, low-income young adults and low-income youth with skills that will lead to employment upon completion of participation in such activities; (2) describe the requirements that will apply relating to the eligibility of unemployed, low-income young adults and low-income youth, consistent with section 2, for activities carried out under this section, which requirements may include criteria to target assistance to particular categories of such adults and youth, such as individuals with disabilities or individuals who have exhausted all rights to unemployment compensation; (3) describe how the strategies and activities will address the needs of the target populations identified in paragraph (2) and the needs of employers in the local workforce investment area; (4) describe the expected outcomes to be achieved by implementing the strategies and activities; (5) provide evidence that the funds provided through the grant will be expended expeditiously and efficiently to implement the strategies and activities; (6) describe how the strategies and activities will be coordinated with other Federal, State and local programs providing employment, education and supportive activities; (7) provide evidence of employer commitment to participate in the activities funded under this section, including identification of anticipated occupational and skill needs; (8) provide assurances that the eligible entity will report such information relating to fiscal, performance, and other matters, as the Secretary of Labor may require and as the Secretary determines is necessary to effectively monitor the activities carried out under this section; (9) provide assurances that the eligible entity will ensure compliance with the requirements, restrictions, labor standards, and other provisions described in section 5(a); and (10) if the entity will provide activities described in subsection (f)(4), a description of how the activities will lead to the industry-recognized credentials involved. (e) Priority in awards In awarding grants under this section, the Secretary of Labor (or a State, under subsection (b)(1)(B)) shall give priority to applications submitted by eligible entities from areas of high poverty and high unemployment, as defined by the Secretary, such as Public Use Microdata Areas designated by the Bureau of the Census. (f) Use of funds An entity that receives a grant under this section shall use the funds made available through the grant to support work-based strategies and activities of demonstrated effectiveness that are designed to provide unemployed, low-income young adults and low-income youth with skills that will lead to employment as part of or upon completion of participation in such activities. Such strategies and activities may include— (1) on-the-job training, registered apprenticeship programs, or other programs that combine work with skills development; (2) sector-based training programs that have been designed to meet the specific requirements of an employer or group of employers in that sector and for which employers are committed to hiring individuals upon successful completion of the training; (3) training that supports an industry sector or an employer-based or labor-management committee industry partnership and that includes a significant work-experience component; (4) activities that lead to the acquisition of industry-recognized credentials in a field identified by the State or local workforce investment area as a growth sector or in-demand industry in which there are likely to be significant job opportunities in the short-term; (5) activities that provide connections to immediate work opportunities, including subsidized employment opportunities, or summer employment opportunities for youth, that include concurrent skills training and other supports; (6) activities offered through career academies that provide students with the academic preparation and training, such as paid internships and concurrent enrollment in community colleges or other postsecondary institutions, needed to pursue a career pathway that leads to postsecondary credentials and in-demand jobs; and (7) adult basic education and integrated basic education and training for low-skilled individuals who are not younger than 16 but are younger than 25, hosted at community colleges or at other sites, to prepare individuals for jobs that are in demand in a local workforce investment area. (g) Coordination of Federal administration The Secretary of Labor shall administer this section in coordination with the Secretary of Education, the Secretary of Health and Human Services, and other appropriate agency heads, to ensure the effective implementation of this section. 5. General requirements (a) Labor standards and protections Activities provided with funds made available under this Act shall be subject to the requirements and restrictions, including the labor standards, described in section 181 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2931 29 U.S.C. 2938 (b) Reporting The Secretary of Labor may require the reporting of information relating to fiscal, performance and other matters that the Secretary determines is necessary to effectively monitor the activities carried out with funds provided under this Act. At a minimum, recipients of grants (including recipients of subgrants) under this Act shall provide information relating to— (1) the number of individuals participating in activities with funds provided under this Act and the number of such individuals who have completed such participation; (2) the expenditures of funds provided under this Act; (3) the number of jobs created pursuant to the activities carried out under this Act; (4) the demographic characteristics of individuals participating in activities under this Act; and (5) the performance outcomes for individuals participating in activities under this Act, including— (A) for low-income youth participating in summer employment activities under sections 3 and 4, performance on indicators consisting of— (i) work readiness skill attainment using an employer validated checklist; (ii) placement in or return to secondary or postsecondary education or training, or entry into unsubsidized employment; (B) for low-income youth participating in year-round employment activities under section 3 or in activities under section 4, performance on indicators consisting of— (i) placement in or return to postsecondary education; (ii) attainment of a secondary school diploma or its recognized equivalent; (iii) attainment of an industry-recognized credential; and (iv) entry into, retention in, and earnings in, unsubsidized employment; and (C) for unemployed, low-income young adults participating in activities under section 4, performance on indicators consisting of— (i) entry into, retention in, and earnings in, unsubsidized employment; and (ii) attainment of an industry-recognized credential. (c) Activities required To be additional Funds provided under this Act shall only be used for activities that are in addition to activities that would otherwise be available in the State or local workforce investment area in the absence of such funds. (d) Additional requirements The Secretary of Labor may establish such additional requirements as the Secretary determines may be necessary to ensure fiscal integrity, effective monitoring, and the appropriate and prompt implementation of the activities under this Act. (e) Report of information and evaluations to Congress and the public The Secretary of Labor shall provide to the appropriate committees of Congress and make available to the public the information reported pursuant to subsection (b). 6. Definitions In this Act: (1) Chief elected official The term chief elected official 29 U.S.C. 2832(c)(1)(B) (2) Local workforce investment area The term local workforce investment area 29 U.S.C. 2831 (3) Local workforce investment board The term local workforce investment board 29 U.S.C. 2832 (4) Low-income youth The term low-income youth (A) is not younger than 16 but is younger than 25; (B) meets the definition of a low-income individual provided in section 101(25) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(25) (i) States and local workforce investment areas, subject to approval in the applicable State plans and local plans, may increase the income level specified in subparagraph (B)(i) of such section to an amount not in excess of 200 percent of the poverty line for purposes of determining eligibility for participation in activities under section 3; and (ii) eligible entities described in section 4(c), subject to approval in the applicable applications for funds, may make such an increase for purposes of determining eligibility for participation in activities under section 4; and (C) is in one or more of the categories specified in section 101(13)(C) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(13)(C) (5) Poverty line The term poverty line (6) Registered apprenticeship program The term registered apprenticeship program National Apprenticeship Act 29 U.S.C. 50 et seq. (7) State The term State (8) Unemployed, low-income young adult The term unemployed, low-income young adult (A) is not younger than 18 but is younger than 35; (B) is without employment and is seeking assistance under this Act to obtain employment; and (C) meets the definition of a low-income individual specified in section 101(25) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(25)

Youth Jobs Act

Law Enforcement Officers Retirement Equity Act of 2013 - Amends the definition of the term "law enforcement officer" under provisions of the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS) to include: (1) federal employees not otherwise covered by such term whose duties include the investigation or apprehension of suspected or convicted individuals and who are authorized to carry a firearm, and (2) such employees of the Internal Revenue Service (IRS) whose duties are primarily the collection of delinquent taxes and the securing of delinquent returns. Requires such service that is performed by an incumbent law enforcement officer: (1) on or after enactment of this Act to be treated for all purposes other than retirement as service performed as a law enforcement officer; and (2) before, on, or after enactment of this Act to be treated for federal retirement purposes as service performed as such an officer if an appropriate written election is submitted to the Office of Personnel Management (OPM) not later than the earlier of the date that is five years after enactment of this Act and the day before the date on which the incumbent separates from government service. Provides that nothing under current law respecting mandatory separation from government service under CSRS or FERS shall cause the involuntary separation of an officer before the end of the three-year period following enactment.

To amend the definition of a law enforcement officer under subchapter III of chapter 83 and chapter 84 of title 5, United States Code, respectively, to ensure the inclusion of certain positions. 1. Short title This Act may be cited as the Law Enforcement Officers Retirement Equity Act of 2013 2. Amendments (a) Federal employees’ retirement system (1) In general Section 8401(17) of title 5, United States Code, is amended— (A) in subparagraph (C), by striking and (B) by adding at the end the following: (E) an employee (not otherwise covered by this paragraph)— (i) the duties of whose position include the investigation or apprehension of individuals suspected or convicted of offenses against the criminal laws of the United States; and (ii) who is authorized to carry a firearm; and (F) an employee of the Internal Revenue Service, the duties of whose position are primarily the collection of delinquent taxes and the securing of delinquent returns; . (2) Conforming amendment Section 8401(17)(C) of title 5, United States Code, is amended by striking (A) and (B) (A), (B), (E), or (F) (b) Civil service retirement system Section 8331(20) of title 5, United States Code, is amended in the matter preceding subparagraph (A) by inserting after position. For the purpose of this paragraph, the employees described in the preceding provision of this paragraph (in the matter before including (c) Effective date Except as provided in section 3, the amendments made by this section shall take effect on the date of enactment of this Act, and shall apply only in the case of any individual first appointed (or seeking to be first appointed) as a law enforcement officer (within the meaning of those amendments) on or after such date. 3. Treatment of service performed by incumbents (a) Law enforcement officer and service described (1) Law enforcement officer Any reference to a law enforcement officer described in this subsection refers to an individual who satisfies the requirements under section 8331(20) 8401(17) (2) Service Any reference to service described in this subsection refers to service performed as a law enforcement officer as described in this subsection. (b) Incumbent and prior service defined (1) Incumbent For purposes of this section, the term incumbent (A) is first appointed as a law enforcement officer as described in subsection (a) before the date of enactment of this Act; and (B) is serving as such a law enforcement officer on such date. (2) Prior service For purposes of this section, the term prior service (c) Treatment of service performed by incumbents (1) In general Except as provided in paragraph (2), service described in subsection (a) which is performed by an incumbent on or after the date of enactment of this Act shall be treated for all purposes as service performed as a law enforcement officer (within the meaning of section 8331(20) 8401(17) (2) Retirement Service described in subsection (a) which is performed by an incumbent before, on, or after the date of enactment of this Act shall, for purposes of subchapter III of chapter 83 and chapter 84 of title 5, United States Code, be treated as service performed as a law enforcement officer (within the meaning of such section 8331(20) or 8401(17), as appropriate) if an appropriate written election is submitted to the Office of Personnel Management not later than the earlier of— (A) the date that is 5 years after the date of enactment of this Act; and (B) the day before the date on which the incumbent separates from Government service. (d) Individual contributions for prior service (1) In general An individual who makes an election under subsection (c)(2) may, with respect to prior service performed by such individual, contribute to the Civil Service Retirement and Disability Fund the difference between the individual contributions that were actually made for such service and the individual contributions that should have been made for such service if the amendments made by section 2 had then been in effect. (2) Effect of not contributing If no part of or less than the full amount required under paragraph (1) is paid, all prior service of the incumbent shall remain fully creditable as law enforcement officer service, but the resulting annuity shall be reduced in a manner similar to that described in section 8334(d)(2) (e) Government contributions for prior service (1) In general If an incumbent makes an election under subsection (c)(2), the agency in or under which that individual was serving at the time of any prior service shall remit to the Office of Personnel Management, for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund, the amount required under paragraph (2) with respect to such service. (2) Amount required The amount an agency is required to remit is, with respect to any prior service, the total amount of additional Government contributions to the Civil Service Retirement and Disability Fund (above those actually paid) that would have been required if the amendments made by section 2 had then been in effect. (3) Contributions to be made ratably Government contributions under this subsection on behalf of an incumbent shall be made by the agency ratably (on at least an annual basis) over the 10-year period beginning on the date referred to in subsection (b)(2). (f) Exemption from mandatory separation Nothing in section 8335(b) 8425(b) (g) Regulations The Office of Personnel Management shall prescribe regulations to carry out this Act, including— (1) provisions in accordance with which interest on any amount under subsection (d) or (e) shall be computed, based on section 8334(e) (2) provisions for the application of this section in the case of— (A) any individual who— (i) satisfies subsection (b)(1)(A) and does not satisfy subsection (b)(1)(B); and (ii) serves as a law enforcement officer as described in subsection (a) after the date of enactment of this Act; and (B) any individual entitled to a survivor annuity (based on the service of an incumbent, or of an individual under subparagraph (A), who dies before making an election under subsection (c)(2)), to the extent of any rights that would then be available to the decedent (if still living). (h) Rule of construction Nothing in this section shall be considered to apply in the case of a reemployed annuitant.

Law Enforcement Officers Retirement Equity Act of 2013

Independent Agency Regulatory Analysis Act of 2013 - Authorizes the President to require an independent regulatory agency to: (1) comply, to the extent permitted by law, with regulatory analysis requirements applicable to other federal agencies; (2) publish and provide the Administrator of the Office of Information and Regulatory Affairs with an assessment of the costs and benefits of a proposed or final economically significant rule (i.e., a rule that is likely to have an annual effect on the economy of $100 million or more and is likely to adversely affect sectors of the economy in a material way) and an assessment of costs and benefits of alternatives to the rule; and (3) submit to the Administrator for review any proposed or final economically significant rule. Prohibits judicial review of the compliance or noncompliance of an independent regulatory agency with the requirements of this Act.

To affirm the authority of the President to require independent regulatory agencies to comply with regulatory analysis requirements applicable to executive agencies, and for other purposes. 1. Short title This Act may be cited as the Independent Agency Regulatory Analysis Act of 2013 2. Definitions In this Act— (1) the term Administrator (2) the term agency section 3502(1) (3) the term economically significant rule (A) have an annual effect on the economy of $100,000,000 or more; or (B) adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (4) the term independent regulatory agency (5) the term rule (A) means a rule, as that term is defined in section 551 (B) does not include a rule of the Board of Governors of the Federal Reserve System or the Federal Open Market Committee relating to monetary policy. 3. Regulatory analysis by independent agencies (a) In general The President may by Executive order require an independent regulatory agency to comply, to the extent permitted by law, with regulatory analysis requirements applicable to other agencies, including the requirements to— (1) identify the problem that the agency intends to address by a new rule (including, where applicable, the failures of private markets or public institutions that warrant new agency action) and assess the significance of that problem; (2) examine whether any existing rule (or other law) has created, or contributed to, the problem that a new rule is intended to correct and whether the existing rule (or other law) should be modified to achieve the intended goal of the new rule more effectively; (3) identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, or providing information upon which choices can be made by the public; (4) consider to the extent reasonable in setting regulatory priorities, the degree and nature of the risks posed by various substances or activities within its jurisdiction; (5) design its rules in the most cost-effective manner to achieve the regulatory objective and, in doing so, consider incentives for innovation, consistency, predictability, the costs of enforcement and compliance (to the Federal Government, regulated entities, and the public), flexibility, distributive impacts, and equity; (6) assess the costs and the benefits of the intended rule and, recognizing some costs and benefits are difficult to quantify, propose or adopt a rule only upon a reasoned determination that the benefits of the rule justify its costs; (7) base its rulemaking decisions on the best reasonably obtainable scientific, technical, economic, and other information concerning the need for, and consequences of, the intended rule; (8) identify and assess alternative forms of regulation and, to the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities must adopt; (9) seek the views of appropriate State, local, and tribal officials before imposing regulatory requirements that might significantly or uniquely affect State, local, or tribal governmental entities, whenever feasible; (10) avoid rules that are inconsistent or incompatible with, or duplicative of, other rules of the independent regulatory agency or other agencies; (11) tailor rules to impose the least burden on society, including individuals, businesses of differing sizes, and other entities (including small communities and governmental entities), consistent with achieving the regulatory objectives, and taking into account, among other factors, and to the extent practicable, the cost of cumulative rules; (12) draft each rule to be simple and easy to understand, with the goal of minimizing the potential for uncertainty and litigation arising from uncertainty; and (13) periodically review its existing economically significant rules to determine whether any such rules should be modified, streamlined, expanded, or repealed so as to make the agency’s regulatory program more effective or less burdensome in achieving the regulatory objectives. (b) Economically significant rules For any proposed or final rule identified by an independent regulatory agency as, or determined by the Administrator to be, an economically significant rule, the President may by Executive order require the independent regulatory agency to provide to the Administrator and publish with the proposed and final rule the following information, to the extent permitted by law: (1) An assessment, including the underlying analysis, of benefits anticipated from the rule together with, to the extent feasible, a quantification of those benefits. (2) An assessment, including the underlying analysis, of costs anticipated from the rule together with, to the extent feasible, a quantification of those costs. (3) An assessment, including the underlying analysis, of costs and benefits of potentially effective and reasonably feasible alternatives to the rule, identified by the agencies or the public, including improving existing regulations and reasonably viable nonregulatory actions, and an explanation why the planned regulatory action is preferable to the identified potential alternatives. (c) Review by office of information and regulatory affairs (1) Requirement to seek review The President may, by Executive order, require an independent regulatory agency to submit to the Administrator for review— (A) any proposed economically significant rule, either prior to publication of the notice of proposed rulemaking or, if the head of the independent regulatory agency elects, during the general public comment period; and (B) any final economically significant rule, prior to publication of the final rule. (2) Nonbinding assessment An Executive order issued under this Act may require that, not later than 90 days after the independent regulatory agency submits a proposed or final economically significant rule for review, the Administrator submit for inclusion in the rulemaking record the Administrator’s assessment of the extent to which the agency has complied with any of the regulatory analysis requirements made applicable by Executive order. (3) Determination and explanation by independent agency An Executive order issued under this Act may require that, if the Administrator concludes under paragraph (2) that the independent regulatory agency did not comply with one or more requirements of the Executive order with respect to a proposed or final economically significant rule, the head of the agency that issued the economically significant rule shall include with the final rule— (A) a determination that the rule complies with the specified requirement or requirements and an explanation of that determination; and (B) if applicable, an explanation why the independent regulatory agency did not comply with one or more of the specified requirements, based on the statutory provision authorizing the rule. 4. Limitation on judicial review (a) In general The compliance or noncompliance of an independent regulatory agency with the requirements of an Executive order issued under this Act shall not be subject to judicial review. (b) Agency record When an action for judicial review of a rule promulgated by an independent regulatory agency is instituted, any determination, analysis, or explanation produced by the agency, and any assessment produced by the Administrator, pursuant to an Executive order issued under this Act, shall constitute part of the whole record of agency action in connection with the review. (c) Rule of construction Nothing in this section shall be construed to bar judicial review of any other impact statement or similar analysis required by any other provision of law if judicial review of such statement or analysis is otherwise permitted by law. 5. Rule of construction Nothing in this Act shall be construed to limit the authority of the President with respect to independent regulatory agencies under any other applicable law.

Independent Agency Regulatory Analysis Act of 2013

Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the award, on behalf of Congress, of a single gold medal in honor of the 65th Infantry Regiment, known as the Borinqueneers, in recognition of its pioneering military service, devotion to duty, and many acts of valor in the face of adversity. Requires the medal to be given to the Smithsonian Institution (Smithsonian) for display. Expresses the sense of Congress that the Smithsonian shall make the medal available for display elsewhere, particularly at appropriate locations associated with the 65th Infantry Regiment, including locations in Puerto Rico.

To award a Congressional Gold Medal to the 65th Infantry Regiment, known as the Borinqueneers. 1. Findings The Congress finds the following: (1) In 1898, the United States acquired Puerto Rico in the Treaty of Paris that ended the Spanish-American War and, by the following year, Congress had authorized raising a unit of volunteer soldiers in the newly acquired territory. (2) In May 1917, two months after legislation granting United States citizenship to individuals born in Puerto Rico was signed into law, and one month after the United States entered World War I, the unit was transferred to the Panama Canal Zone because United States Army policy at the time restricted most segregated units to noncombat roles, although the regiment could have contributed to the fighting effort. (3) In June 1920, the unit was re-designated as the 65th Infantry Regiment, United States Army (4) In January 1943, 13 months after the attack on Pearl Harbor that marked the entry of the United States into World War II, the Regiment again deployed to the Panama Canal Zone, before deploying overseas in the spring of 1944. (5) Despite the Regiment’s relatively limited combat service in World War II, the unit suffered casualties in the course of defending against enemy attacks, with individual soldiers earning one Distinguished Service Cross, two Silver Stars, two Bronze Stars and 90 Purple Hearts, and the unit receiving campaign participation credit for Rome-Arno, Rhineland, Ardennes-Alsace, and Central Europe. (6) Although an Executive order issued by President Harry S. Truman in July 1948 declared it to be United States policy to ensure equality of treatment and opportunity for all persons in the armed services without respect to race or color, implementation of this policy had yet to be fully realized when armed conflict broke out on the Korean peninsula in June 1950, and both African-American soldiers and Puerto Rican soldiers served in segregated units. (7) Brigadier General William W. Harris, who served as the Regiment’s commander during the early stages of the Korean War, later recalled that he had initially been reluctant to take the position because of prejudice the feeling of the officers and even the brass of the Pentagon . . . that the Puerto Rican wouldn’t make a good combat soldier. . . . I know my contemporaries felt that way and, in all honesty, I must admit that at the time I had the same feeling . . . that the Puerto Rican was a rum and Coca-Cola soldier. (8) One of the first opportunities the regiment had to prove its combat worthiness arose on the eve of the Korean War during PORTREX, one of the largest military exercises that had been conducted up until that point, where the Regiment distinguished itself by repelling an offensive consisting of over 32,000 troops from the 82nd Airborne Division and the United States Marine Corps, supported by the Navy and Air Force, thereby demonstrating that Puerto Rican soldiers could hold their own against some of the best-trained soldiers in the United States military. (9) In August 1950, as the United States Army’s situation in Korea deteriorated, the commander of the 3rd Infantry Division requested another infantry regiment to be added to his organization and, owing in large part to the 65th Infantry Regiment’s outstanding performance during PORT­REX, it was selected for the assignment. (10) As the Regiment sailed to Asia in September 1950, members of the unit informally decided to call themselves the Borinqueneers land of the brave lord (11) The story of the 65th Infantry Regiment during the Korean War has been aptly described as one of pride, courage, heartbreak, and redemption (12) Fighting as a segregated unit from 1950 to 1952, the Regiment participated in some of the fiercest battles of the war, and its toughness, courage and loyalty earned the admiration of many who had previously harbored reservations about Puerto Rican soldiers based on negative stereotypes, including Brigadier General William W. Harris, whose experience eventually led him to regard the Regiment as the best damn soldiers that I had ever seen (13) Arriving in Pusan, South Korea in September 1950, the regiment was assigned the mission of destroying or capturing small groups of North Korean soldiers, and its success led General Douglas MacArthur, Commander-in-Chief of the United Nations Command in Korea, to observe that the Regiment was showing magnificent ability and courage in field operations (14) In December 1950, following China’s intervention in the war, the Regiment engaged in a series of fierce battles with the enemy to cover the rear guard of the 1st Marine Division as it executed one of the greatest withdrawals in modern military history during the fighting retreat from the Chosin Reservoir. (15) The Regiment was instrumental in helping to secure the final foothold for the Marine evacuation at Hungham, and was among the last units to leave the beachhead on Christmas Eve, suffering tremendous casualties in the process. (16) The winter conditions in Korea presented significant hardships for the Regiment, which suffered hundreds of casualties because its soldiers lacked appropriate gear to fight in sub-zero temperatures. (17) Between January and March 1951, the Regiment participated in numerous operations to recover and retain South Korean territory lost to the enemy, assaulting heavily fortified enemy positions and conducting the last recorded battalion-sized bayonet assault in United States Army history. (18) On January 31, 1951, the commander of Eighth Army, Lieutenant General Matthew B. Ridgway wrote to the Regiment’s commander: What I saw and heard of your regiment reflects great credit on you, your regiment, and the people of Puerto Rico, who can be proud of their valiant sons. I am confident that their battle records and training levels will win them high honors. . . . Their conduct in battle has served only to increase the high regard in which I hold these fine troops. (19) On February 3, 1951, General MacArthur wrote: The Puerto Ricans forming the ranks of the gallant 65th Infantry on the battlefields of Korea by valor, determination, and a resolute will to victory give daily testament to their invincible loyalty to the United States and the fervor of their devotion to those immutable standards of human relations to which the Americans and Puerto Ricans are in common dedicated. They are writing a brilliant record of achievement in battle and I am proud indeed to have them in this command. I wish that we might have many more like them. (20) The Regiment played a critical role in the United States counteroffensive responding to a major push by the Chinese Communist Forces (CFF) in 1951, winning praise for its superb performance in multiple battles, including Operations KILLER and RIPPER. (21) By 1952, in light of the Regiment’s proven fighting abilities, senior United States commanders ordered that replacement soldiers from Puerto Rico should no longer be limited to service in the Regiment, but could be made available to fill personnel shortages in non-segregated units both inside and outside the 3rd Infantry Division, a major milestone that, paradoxically, harmed the Regiment by depriving it of some of Puerto Rico’s most able soldiers. (22) Beyond the many hardships endured by most American soldiers in Korea, the Regiment faced unique challenges due to discrimination and prejudice, including— (A) the humiliation of being ordered to shave their moustaches until such a time as they gave proof of their manhood (B) being forced to use separate showering facilities from their non-Hispanic Continental (C) being ordered not to speak Spanish under penalty of court-martial; (D) flawed personnel-rotation policies based on ethnic and organizational prejudices; and (E) a catastrophic shortage of trained noncommissioned officers. (23) In 1953, the now fully integrated Regiment earned admiration for its relentless defense of Outpost Harry, during which it confronted multiple company-size probes, full-scale regimental attacks, and heavy artillery and mortar fire from Chinese forces, earning 14 Silver Stars, 23 Bronze Stars, and 67 Purple Hearts, in operations that Major General Eugene W. Ridings described as highly successful in that the enemy was denied the use of one of his best routes of approach into the friendly position. (24) For its extraordinary service during the Korean War, the Regiment received two Presidential Unit Citations (Army and Navy), two Republic of Korea Presidential Unit Citations, a Meritorious Unit Commendation (Army), a Navy Unit Commendation, the Bravery Gold Medal of Greece, and campaign participation credits for United Nations Offensive, CCF Intervention, First United Nations Counteroffensive, CCF Spring Offensive, United Nations Summer-Fall Offensive, Second Korean Winter, Korea Summer-Fall 1952, Third Korean Winter, and Korea Summer 1953. (25) In Korea, soldiers in the Regiment earned a total of 10 Distinguished Service Crosses, approximately 250 Silver Stars, over 600 Bronze Stars, and more than 2,700 Purple Hearts, but—despite numerous individual acts of uncommon valor—no Medals of Honor. (26) In all, some 61,000 Puerto Ricans served in the United States Army during the Korean War, the bulk of them with the 65th Infantry Regiment—and over the course of the war, Puerto Rican soldiers suffered a disproportionately high casualty rate, with over 740 killed and over 2,300 wounded. (27) In April 1956, as part of the reduction in forces following the Korean War, the 65th Infantry Regiment was deactivated from the Regular Army and, in February 1959, became the only regular Army unit to have ever been transferred to the National Guard, when its 1st battalion and its regimental number were assigned to the Puerto Rico National Guard, where it has remained ever since. (28) In 1982, the United States Army Center of Military History officially authorized granting the 65th Infantry Regiment the special designation of Borinqueneers (29) In the years since the Korean War, the achievements of the Regiment have been recognized in various ways, including— (A) the naming of streets in honor of the regiment in San Juan, Puerto Rico and The Bronx, New York; (B) the erecting of plaques and other monuments to honor the Regiment at Arlington National Cemetery in Arlington, Virginia; the San Juan National Historic Site in San Juan, Puerto Rico; Ft. Logan National Cemetery in Denver, Colorado; and at sites in Boston, Massachusetts and Ocala, Florida; (C) the renaming of a park in Bue­na­ven­tura Lake, Florida as the 65th Infantry Veterans Park (D) a grant awarded by the New York State government to establish a memorial honoring the Regiment at Buffalo & Erie County Naval & Military Park in Buffalo, New York; (E) the introduction or adoption of resolutions or proclamations honoring the Regiment by the City of Buffalo, New York; the City of Deltona, Florida; the City of Kissimmee, Florida; the City of Orlando, Florida; the City of Springfield, Massachusetts; the County of Erie, Pennsylvania; the Florida House of Representatives; the New York State Assembly; the New York State Senate; and the Texas State Senate; and (F) the 1985 issuance of a United States Postal Service Korean War Commemorative Stamp depicting soldiers from the Regiment. (30) In a speech delivered at a September 20, 2000, ceremony at Arlington National Cemetery in honor of the Regiment, Secretary of the Army Louis Caldera said: Even as the 65th struggled against all deadly enemies in the field, they were fighting a rearguard action against a more insidious adversary—the cumulative effects of ill-conceived military policies, leadership shortcomings, and especially racial and organizational prejudices, all exacerbated by America’s unpreparedness for war and the growing pains of an Army forced by law and circumstance to carry out racial integration. Together these factors would take their inevitable toll on the 65th, leaving scars that have yet to heal for so many of the regiment’s proud and courageous soldiers. (31) Secretary Caldera said: To the veterans of the 65th Infantry Regiment who, in that far off land fifty years ago, fought with rare courage even as you endured misfortune and injustice, thank you for doing your duty. There can be no greater praise than that for any soldier of the United States Army. (32) Secretary Caldera noted that [t]he men of the 65th who served in Korea are a significant part of a proud tradition of service many other unsung minority units throughout the history of our armed forces whose stories have never been fully told. (33) The service of the men of the 65th Infantry Regiment is emblematic of the contributions to the armed forces that have been made by hundreds of thousands of brave and patriotic United States citizens from Puerto Rico over generations, from World War I to the most recent conflicts in Afghanistan and Iraq, and in other overseas contingency operations. 2. Congressional gold medal (a) Award Authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design in honor of the 65th Infantry Regiment, known as the Borinqueneers, in recognition of its pioneering military service, devotion to duty, and many acts of valor in the face of adversity. (b) Design and Striking For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereinafter in this Act referred to as the Secretary (c) Smithsonian Institution (1) In general Following the award of the gold medal in honor of the 65th Infantry Regiment, known as the Borinqueneers, the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. (2) Sense of the Congress It is the sense of the Congress that the Smithsonian Institution shall make the gold medal received under this Act available for display elsewhere, particularly at other appropriate locations associated with the 65th Infantry Regiment, including locations in Puerto Rico. 3. Duplicate medals Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. 4. National medals Medals struck pursuant to this Act are national medals for purposes of chapter 51 5. Authorization of appropriations; proceeds of sale (a) Authorization of Appropriations There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the cost of the medals struck pursuant to this Act. (b) Proceeds of Sale Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

A bill to award a Congressional Gold Medal to the 65th Infantry Regiment, known as the Borinqueneers.

Infrastructure Facilitation and Habitat Conservation Act of 2013 - Requires the Secretary of the Treasury (Secretary) to establish a program to provide loans and loan guarantees to enable state political subdivisions  to acquire interests in real property pursuant to habitat conservation plans approved by the Secretary of the Interior under the Endangered Species Act of 1973. Requires the Secretary to: (1) submit loan applications for the Secretary of the Interior's review, which shall include a determination that the subdivision has adopted a complementary plan for sustainable infrastructure development that provides for the mitigation of environmental impacts; and (2) give preference to such subdivisions located in biologically rich regions in which rapid growth and development threaten successful implementation of approved habitat conservation plans.

To require the Secretary of the Treasury to establish a program to provide loans and loan guarantees to enable eligible public entities to acquire interests in real property that are in compliance with habitat conservation plans approved by the Secretary of the Interior under the Endangered Species Act of 1973, and for other purposes. 1. Short title This Act may be cited as the Infrastructure Facilitation and Habitat Conservation Act of 2013 2. Conservation loan and loan guarantee program (a) Definitions In this section: (1) Eligible public entity The term eligible public entity (A) a duly established town, township, or county; (B) an entity established for the purpose of regional governance; (C) a special purpose entity; and (D) a joint powers authority, or other entity certified by the Governor of a State, to have authority to implement a habitat conservation plan pursuant to section 10(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1539(a) (2) Program The term program (3) Secretary The term Secretary (b) Loan and loan guarantee program (1) Establishment As soon as practicable after the date of enactment of this Act, the Secretary shall establish a program to provide loans and loan guarantees to eligible public entities to enable eligible public entities to acquire interests in real property that are acquired pursuant to habitat conservation plans approved by the Secretary of the Interior under section 10 of the Endangered Species Act of 1973 ( 16 U.S.C. 1539 (2) Application; approval process (A) Application (i) In general To be eligible to receive a loan or loan guarantee under the program, an eligible public entity shall submit to the Secretary an application at such time, in such form and manner, and including such information as the Secretary may require. (ii) Solicitation of applications Not less frequently than once per calendar year, the Secretary shall solicit from eligible public entities applications for loans and loan guarantees in accordance with this section. (B) Approval process (i) Submission of applications to Secretary of the Interior As soon as practicable after the date on which the Secretary receives an application under subparagraph (A), the Secretary shall submit the application to the Secretary of the Interior for review. (ii) Review by Secretary of the Interior (I) Review As soon as practicable after the date of receipt of an application by the Secretary under clause (i), the Secretary of the Interior shall conduct a review of the application to determine whether— (aa) the eligible public entity is implementing a habitat conservation plan that has been approved by the Secretary of the Interior under section 10 of the Endangered Species Act of 1973 ( 16 U.S.C. 1539 (bb) the habitat acquisition program of the eligible public entity would very likely be completed; and (cc) the eligible public entity has adopted a complementary plan for sustainable infrastructure development that provides for the mitigation of environmental impacts. (II) Report to Secretary Not later than 60 days after the date on which the Secretary of the Interior receives an application under subclause (I), the Secretary of the Interior shall submit to the Secretary a report that contains— (aa) an assessment of each factor described in subclause (I); and (bb) a recommendation regarding the approval or disapproval of a loan or loan guarantee to the eligible public entity that is the subject of the application. (III) Consultation with Secretary of Commerce To the extent that the Secretary of the Interior considers to be appropriate to carry out this clause, the Secretary of the Interior may consult with the Secretary of Commerce. (iii) Approval by Secretary (I) In general Not later than 120 days after receipt of an application under subparagraph (A), the Secretary shall approve or disapprove the application. (II) Factors In approving or disapproving an application of an eligible public entity under subclause (I), the Secretary may consider— (aa) whether the financial plan of the eligible public entity for habitat acquisition is sound and sustainable; (bb) whether the eligible public entity has the ability to repay a loan or meet the terms of a loan guarantee under the program; (cc) any factor that the Secretary determines to be appropriate; and (dd) the recommendation of the Secretary of the Interior. (III) Preference In approving or disapproving applications of eligible public entities under subclause (I), the Secretary shall give preference to eligible public entities located in biologically rich regions in which rapid growth and development threaten successful implementation of approved habitat conservation plans, as determined by the Secretary in cooperation with the Secretary of the Interior. (C) Administration of loans and loan guarantees (i) Report to Secretary of the interior Not later than 60 days after the date on which the Secretary approves or disapproves an application under subparagraph (B)(iii), the Secretary shall submit to the Secretary of the Interior a report that contains the decision of the Secretary to approve or disapprove the application. (ii) Duty of Secretary As soon as practicable after the date on which the Secretary approves an application under subparagraph (B)(iii), the Secretary shall— (I) establish the loan or loan guarantee with respect to the eligible public entity that is the subject of the application (including such terms and conditions as the Secretary may prescribe); and (II) carry out the administration of the loan or loan guarantee. (c) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this section such sums as are necessary. (d) Termination of authority The authority under this section shall terminate on the date that is 10 years after the date of enactment of this Act.

Infrastructure Facilitation and Habitat Conservation Act of 2013

Remittance Status Verification Act of 2013 - Amends the Electronic Fund Transfer Act to require a remittance transfer provider, before initiating a transfer, to request from the sender of a remittance whose recipient is located in a country other than the United States proof of the sender's status under U.S. immigration laws. Cites admissible documentation attesting to the sender's status, including a state-issued driver's license or federal passport. Directs a remittance transfer provider to impose, upon any sender unable to provide such proof of status, a fine equal to 7% of the U.S. dollar amount to be transferred. Requires submission to the Consumer Financial Protection Bureau (CFPB) of all fines imposed and collected by a remittance transfer provider in order to pay the administrative and enforcement costs of implementing this Act. Requires the Comptroller General (GAO) to study the effects of the enactment of this Act.

To impose a fine with respect to international remittance transfers if the sender is unable to verify legal status in the United States, and for other purposes. 1. Short title This Act may be cited as the Remittance Status Verification Act of 2013 2. Status verification for remittance transfers Section 919 of the Electronic Fund Transfer Act (relating to remittance transfers) ( 12 U.S.C. 1692o–1 (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: (g) Status verification of sender (1) Request for proof of status (A) In general Each remittance transfer provider shall request from each sender of a remittance transfer, the recipient of which is located in any country other than the United States, proof of the status of that sender under the immigration laws, prior to the initiation of the remittance transfer. (B) Acceptable documentation Acceptable documentation of the status of the sender under this paragraph— (i) shall be, in any State that requires proof of legal residence— (I) a State-issued driver's license or Federal passport; or (II) the same documentation as required by the State for proof of identity for the issuance of a driver’s license, or as required for a passport; (ii) shall be, in any State that does not require proof of legal residence, such documentation as the Bureau shall require, by rule; and (iii) does not include any matricula consular card. (2) Fine for noncompliance Each remittance transfer provider shall impose on any sender who is unable to provide the proof of status requested under paragraph (1) at the time of transfer, a fine equal to 7 percent of the United States dollar amount to be transferred (excluding any fees or other charges imposed by the remittance transfer provider). (3) Submission of fines to Bureau All fines imposed and collected by a remittance transfer provider under paragraph (2) shall be submitted to the Bureau, in such form and in such manner as the Bureau shall establish, by rule. (4) Administrative and enforcement costs The Bureau shall use fines submitted under paragraph (3) to pay the administrative and enforcement costs to the Bureau in carrying out this subsection. (5) Use of fines for border protection Amounts from the collection of fines under this subsection that remain available after the payment of expenses described in paragraph (4), shall be transferred by the Bureau to the Treasury, to be used to pay expenses relating to United States Customs and Border Protection for border security fencing, infrastructure, and technology. (6) Definition relating to immigration status In this subsection, the term immigration laws . 3. Study and report regarding remittance transfer processing fines and identification program (a) Study The Comptroller General of the United States shall conduct a study to determine the effects of the enactment of section 919(g) of the Electronic Fund Transfer Act, as amended by this Act. (b) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the results of the study conducted under paragraph (1) that includes— (1) an analysis of the costs and benefits of complying with section 919(g) of the Electronic Fund Transfer Act, as amended by this Act; and (2) recommendations about whether the fines imposed under that section 919(g) should be extended or increased.

Remittance Status Verification Act of 2013

Moving to Work Charter Program Act of 2013 - Directs the Secretary of Housing and Urban Development (HUD) to enter into charter contracts, beginning in FY2014, with up to 250 public housing agencies administering the public housing program or the section 8 housing assistance program under the United States Housing Act of 1937. States that such charter contracts shall: (1) supersede and have a term commensurate with any annual contributions contract between a public housing agency (PHA) and the Secretary; and (2) provide that a participating PHA shall receive capital and operating assistance allocated to it under specified laws. Exempts charter contracts from the requirements of the United States Housing Act of 1937, except those for payment of wages prevailing in the community and the demolition and disposition of public housing. Requires a charter contract to provide that a PHA: (1) may combine section 8 low-income assistance and Public Housing Capital and Operating Fund assistance and use it for housing assistance and related services for activities under this Act; (2) shall ensure that at least 75% of the families assisted are very low-income families; (3) shall establish a reasonable rent policy designed to encourage employment, self-sufficiency, and home ownership by participating families; and (4) meet specified additional requirements. Directs the Secretary to appoint a federal advisory committee to assess and develop a demonstration program to test standards, criteria, and practices for a national public housing agency accreditation system or other evaluation system.

To authorize the Moving to Work Charter program to enable public housing agencies to improve the effectiveness of Federal housing assistance, and for other purposes. 1. Short title This Act may be cited as the Moving to Work Charter Program Act of 2013 2. Moving to work charter program authorization (a) Purpose The purpose of this Act is— (1) to give public housing agencies and the Secretary of Housing and Urban Development (in this Act referred to as the Secretary (2) to reduce administrative burdens on public housing agencies providing such assistance; (3) to give incentives to assisted families to work and become economically self-sufficient; (4) to increase housing choices for low-income families; and (5) to enhance the ability of low-income elderly residents and persons with disabilities to live independently. (b) Moving to Work Charter Program authority (1) Contract authority (A) In general Subject to the phase-in requirements under subparagraph (B), the Secretary shall enter into charter contracts, beginning in fiscal year 2014, with up to 250 public housing agencies administering the public housing program or the section 8 housing assistance program under the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. (B) Phase-in The phase-in requirements under this subparagraph are as follows: (i) By the end of fiscal year 2014, the Secretary shall have entered into charter contracts with at least 80 public housing agencies described in subparagraph (A). (ii) By the end of fiscal year 2015, the Secretary shall have entered into charter contracts with at least 160 public housing agencies described in subparagraph (A). (iii) By the end of fiscal year 2016, the Secretary shall have entered into charter contracts with at least 250 public housing agencies described in subparagraph (A). (2) Charter contracts A charter contract shall— (A) supersede and have a term commensurate with any annual contributions contract between a public housing agency and the Secretary; and (B) provide that a participating public housing agency shall receive— (i) capital and operating assistance allocated to such agency under section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g); and (ii) assistance provided under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (3) Use of assistance Any assistance provided under paragraph (2)(B)— (A) may be combined; and (B) shall be used to provide locally designed housing assistance for low-income families, including— (i) services to facilitate the transition to work and self-sufficiency; and (ii) any other activity which a public housing agency is authorized to undertake pursuant to State or local law. (c) Terms and conditions of assistance (1) Applicability of United States Housing Act of 1937 Except as provided in this section, the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. (2) Applicable 1937 Act provisions The following provisions of the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. (A) Subsections (a) and (b) of section 12 (42 U.S.C. 1437j (a) and (b)) shall apply to housing assisted under a charter contract, other than housing assisted solely due to occupancy by families receiving tenant based rental assistance. (B) Section 18 ( 42 U.S.C. 1437p (3) Charter contract terms A charter contract shall provide that a public housing agency— (A) may— (i) combine assistance received under sections 8 and 9 of the United States Housing Act of 1937 (42 U.S.C. 1437f and 1437g), as described in subsection (b)(3); and (ii) use such assistance to provide housing assistance and related services for activities authorized by this section, including those activities authorized by sections 8 and 9 of such Act; (B) certify that in preparing its application for participation in the Moving to Work Charter program established under this section, such agency has— (i) provided for citizen participation through a public hearing and, if appropriate, other means; and (ii) taken into account comments from the public hearing and any other public comments on the proposed activities under this Act, including comments from current and prospective residents who would be affected by such contract; (C) shall ensure that at least 75 percent of the families assisted under a charter contract shall be, at the time of such families’ entry into the Moving to Work Charter program, very low-income families; (D) shall establish a reasonable rent policy, which shall— (i) be designed to encourage employment, self-sufficiency, and homeownership by participating families, consistent with the purpose of this Act; (ii) include transition and hardship provisions; (iii) be included in the annual plan of such agency; and (iv) be subject to the opportunities for public participation described in subsection (e)(1)(C)(iv); (E) shall continue to assist not less than substantially the same total number of low-income families as would have been served had such agency not entered into such contract; (F) shall maintain a comparable mix of families (by family size) as would have been provided had the agency not entered into such contract; (G) shall ensure that housing assisted under such contract meets housing quality standards established or approved by the Secretary; (H) shall receive training and technical assistance, upon request by such agency, to assist with the design and implementation of the activities described under this Act; (I) shall receive an amount of assistance under sections 8 and 9 of the United States Housing Act of 1937 (42 U.S.C. 1437f and 1437g) that is not diminished by the participation of such agency in the Moving to Work Charter program established under this section; (J) shall be subject to the procurement procedures described in such contract; (K) shall ensure that each family receiving housing assistance— (i) is engaged in work activities that would count toward satisfying the monthly work participation rates applicable to the State in which such public housing agency is located for purposes of the State temporary assistance to needy families program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) if the family were receiving assistance or benefits under that program; or (ii) would qualify under that program to an exception to engaging in such work activities; and (L) shall provide housing assistance to families assisted under a charter contract for not more than 5 years. (d) Selection In selecting among public housing agency applications to participate in the Moving to Work Charter program established under this section, the Secretary shall consider— (1) the potential of each agency to plan and carry out activities under such program; (2) the relative performance by an agency under section 6(j) of the United States Housing Act of 1937 (42 U.S.C. 1437d(j)); (3) the need for a diversity of participants in terms of size, location, and type of agency; and (4) any other appropriate factor as determined by the Secretary. (e) Charter report (1) Contents (A) In general Notwithstanding any other provision of law, and in place of all other planning and reporting requirements otherwise required, each public housing agency that is a party to a charter contract shall submit to the Secretary, on an annual basis, a single charter report, in a form and at a time specified by the Secretary. (B) Sole means of reporting A charter report submitted under subparagraph (A) shall be the sole means by which a public housing agency shall be required to provide information to the Secretary on the activities assisted under this section during a fiscal year, unless the Secretary has reason to believe that such agency has violated the charter contract between the Secretary and such agency. (C) Requirements Each charter report required under subparagraph (A) shall— (i) document the use by a public housing agency of any assistance provided under a charter contract, including appropriate financial statements; (ii) describe and analyze the effect of assisted activities in addressing the objectives of this section; (iii) include a certification by such agency that such agency has prepared an annual plan which— (I) states the goals and objectives of that agency under the charter contract for the past fiscal year; (II) describes the proposed use of assistance by that agency for activities under the charter contract for the past fiscal year; (III) explains how the proposed activities of that agency will meet the goals and objectives of that agency; (IV) includes appropriate budget and financial statements of that agency; and (V) was prepared in accordance with a public process as described in clause (iv); (iv) describe and document how a public housing agency has provided residents assisted under a charter contract and the wider community with opportunities to participate in the development of and comment on the annual plan, which shall include at least 1 public hearing; and (v) include such other information as may be required by the Secretary pursuant to subsection (f)(2). (2) Review Any charter report submitted pursuant to paragraph (1) shall be deemed approved unless the Secretary, not later than 45 days after the date of submission of such report, issues a written disapproval because— (A) the Secretary reasonably determines, based on information contained in the report, that a public housing agency is not in compliance with the provisions of this section or other applicable law; or (B) such report is inconsistent with other reliable information available to the Secretary. (f) Records and audits (1) Keeping of records Each public housing agency shall keep such records as the Secretary may prescribe as reasonably necessary— (A) to disclose the amounts and the disposition of amounts under the Moving to Work Charter program established under this section; (B) to ensure compliance with the requirements of this section; and (C) to measure performance. (2) Access to documents by the secretary (A) In general The Secretary shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to assistance in connection with, and the requirements of, this section. (B) Limitation Access by the Secretary described under subparagraph (A) shall be limited to information obtained solely through the annual charter report submitted by a public housing agency under subsection (e), unless the Secretary has reason to believe that such agency is not in compliance with the charter contract between the Secretary and such agency. (3) Access to documents by the comptroller general The Comptroller General of the United States, or any duly authorized representative of the Comptroller General, shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to assistance in connection with, and the requirements of the Moving to Work Charter program established under this section. (g) Procurement preemption (1) In general Any State or local law which imposes procedures or standards for procurement which conflict with or are more burdensome than applicable Federal procurement requirements shall not apply to any public housing agency under the Moving to Work Charter program established under this section. (2) reduction of administrative burdens The Secretary may approve procurement procedures for public housing agencies participating in the Moving to Work Charter program established under this section that reduce administrative burdens of procurement requirements imposed by Federal law. (h) Subsequent laws preempted A public housing agency participating in the Moving to Work Charter program established under this section shall not be subject to any provision of law which conflicts with the provisions of this section and which is enacted subsequent to the date of execution of such agency’s charter contract or Moving to Work program agreement, as described in subsection (i), unless such law expressly provides for such law’s application to public housing agencies subject to this section. (i) Existing agreements Notwithstanding anything in this section or any other provision of law, any public housing agency which has an existing Moving to Work program agreement with the Secretary pursuant to section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 ( Public Law 104–134 (1) continue to operate under the terms and conditions of such agreement notwithstanding any limitation on the terms contained in such contract; or (2) at any time, enter into a charter contract with the Secretary on terms and conditions which are not less favorable to the agency than such existing agreement. (j) Public housing agency evaluation (1) In general By the end of fiscal year 2014, the Secretary shall appoint a Federal advisory committee consisting of public housing agencies with charter contracts, public housing industry organizations, resident organizations, other public housing and section 8 voucher stakeholders, and experts on accreditation systems in similar fields, to assess and develop a demonstration program to test standards, criteria, and practices for a national public housing agency accreditation system or other evaluation system. (2) Report Not later than the end of fiscal year 2016, the committee established under paragraph (1) and the Secretary shall provide a report and recommendations to Congress with respect to the establishment of a national public housing agency accreditation system. (k) Definitions In this Act— (1) the term families 42 U.S.C. 1437a(b)(3) (2) the term low-income families 42 U.S.C. 1437a(b)(2) (3) the term very low-income families

Moving to Work Charter Program Act of 2013

Educating Tomorrow's Engineers Act - Amends the Elementary and Secondary Education Act of 1965 to require states to incorporate engineering design skills and practice into their academic content standards and academic achievement standards and assessments in science by the 2016-2017 school year. Requires states to reserve 10% of the grant they receive under the Teacher and Principal Training and Recruiting Fund program to award competitive grants to nonprofit organizations and other entities with expertise in the science, technology, engineering, and mathematics (STEM) fields to develop and provide professional development and instructional materials for STEM education in their state. Changes current references to the mathematics and science partnerships program to references to the STEM partnerships program, which provides funding to states, institutions of higher education, and high-need local educational agencies (LEAs) to recruit and train STEM teachers and improve STEM curricula. Amends the 21st century community learning centers program to include STEM activities (currently, mathematics and science activities) within the before- and after-school activities funded under that program. Amends the rural and low-income school program to include professional development in engineering education among the uses of the funds provided to rural LEAs. Amends the Education Sciences Reform Act of 2002 to require the National Center for Education Research to sponsor and conduct research geared toward improving STEM, rather than just mathematics and science, teaching and learning. Directs the Secretary of Education to support research on engineering education and use that research to provide information to the public, and technical assistance to states, on best practices and promising innovations in kindergarten through grade 12 engineering education.

To better integrate engineering education into kindergarten through grade 12 instruction and curriculum and to support research on engineering education. 1. Short title This Act may be cited as the Educating Tomorrow's Engineers Act I Amendments to the Elementary and Secondary Education Act of 1965 A Engineering standards and assessments 111. Academic standards, academic assessments, and accountability Section 1111(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b) (1) in paragraph (1), by adding at the end the following: (G) Integration of engineering skills and practices into science standards By not later than the 2016–2017 school year, each State plan shall demonstrate that the State has incorporated engineering design skills and practice into the State science challenging academic content standards and student academic achievement standards that are required under this paragraph. ; and (2) in paragraph (3)(C)(v)(II), by inserting (including, beginning not later than the 2016–2017 school year, engineering design skills and practices) science 112. Grants for State assessments and related activities Section 6111(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7301(1) , including the integration of engineering concepts into science assessments, and standards B Professional development and instructional materials 121. Teacher and principal training and recruiting fund Section 2113 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6613 (1) in subsection (a)— (A) in paragraph (1), by striking 95 85 (B) in paragraph (2), by striking and (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following: (3) reserve 10 percent of the funds made available through the grant to make subgrants in accordance with subsection (e); ; (2) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (3) by inserting after subsection (d) the following: (e) STEM professional development and instructional materials grants A State educational agency that receives a grant under this part shall use the funds described in subsection (a)(3) to award grants, on a competitive basis, to nonprofit organizations, and other entities, with expertise and a demonstrated record of success in STEM fields to enable such organizations and entities to develop and provide professional development and instructional materials for STEM in the State. . 122. STEM partnerships Part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6661 et seq.) is amended— (1) in the part heading, by striking Mathematics and science partnerships Stem partnerships (2) in section 2201— (A) by striking mathematics and science STEM (B) in subsection (a)(4), by striking engineering, mathematics, and science STEM (3) in section 2202— (A) in the section heading, by striking Mathematics and science STEM (B) in subsection (b)(2)— (i) in subparagraph (A), by striking mathematics and science STEM (ii) in subparagraph (B), by striking student academic achievement in mathematics and science student academic achievement in STEM (iii) in subparagraph (C), by striking mathematics and science STEM (C) in subsection (c)— (i) in each of paragraphs (1) and (2), by striking mathematics and science STEM (ii) in paragraph (3), in the matter preceding subparagraph (A), by striking mathematics and science STEM (iii) in paragraph (4)— (I) in the matter preceding subparagraph (A), by striking mathematics, engineering, and science majors individuals with a baccalaureate degree in a STEM field (II) in each of subparagraphs (A) and (C), by striking mathematics, engineering, or science a STEM field (III) in subparagraph (B), by striking mathematics and science STEM (IV) in subparagraph (D), by striking mathematics, engineering, or science backgrounds backgrounds in STEM fields (iv) in paragraph (5), by striking mathematics and science curricula STEM curricula (v) in paragraph (6), by striking mathematics and science STEM (vi) in paragraph (7), by striking mathematics or science STEM (vii) in paragraph (8)— (I) by striking mathematics and science STEM (II) by striking and engineers engineers, and other professionals in STEM fields (III) by striking science and mathematics STEM (viii) in paragraph (9), by striking mathematics and science STEM (ix) in paragraph (10)— (I) by striking mathematics and science teachers STEM teachers (II) by striking mathematics and science careers (including engineering and technology) careers in STEM fields (D) in subsection (d)(2), by striking mathematics and science teaching STEM teaching (E) in subsection (e)(2)— (i) in subparagraph (A), by striking mathematics and science STEM (ii) in subparagraph (B), by inserting and a strategy for integrating engineering into the science assessments in accordance with section 1111(b)(3) (iii) in subparagraph (C)— (I) in clause (i), by striking mathematics and science STEM (II) in clause (ii), by striking in mathematics, engineering, or the sciences in a STEM field (III) in clause (iii)— (aa) by striking mathematics and science STEM subjects (bb) by striking mathematics, engineering, and science a STEM field C After school programs 131. 21st century learning centers Section 4205(a)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7175(a)(2)) is amended by striking mathematics and science STEM D Rural education 141. Rural and low-income school program Section 6222(a)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6351a(a)(2) and professional development in the area of engineering education E General provisions 151. Definitions Section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (1) by redesignating paragraphs (37) through (43) as paragraphs (38) through (44), respectively; and (2) by inserting after paragraph (37) the following: (38) STEM The term STEM (A) science, technology, engineering, and mathematics; and (B) other academic subjects that build on the subjects described in subparagraph (A), such as computer science. . II Amendments to the Education Science Reform Act of 2002 201. National center for education research The Education Sciences Reform Act of 2002 ( 20 U.S.C. 9501 et seq. (1) in section 131(b)(1)(C) (20 U.S.C. 9531(b)(1)(C)), by striking mathematics, science, STEM (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (2) in section 133(a)(11) (20 U.S.C. 9533(a)(11)) by striking mathematics and science STEM (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 202. Research on engineering education (a) In general The Secretary of Education, acting through the Director of the Institute of Education Sciences, shall support, directly or through grants or contracts, research on engineering education, including studies and evaluations that— (1) identify and assess how science inquiry and mathematical reasoning can be connected to engineering design in kindergarten through grade 12 curricula and teacher professional development; (2) identify best practices and promising innovations in the field of kindergarten through grade 12 engineering education; and (3) include any other information or assessments the Secretary of Education may require. (b) Dissemination The Secretary of Education shall, based on the results of the research described in subsection (a), disseminate information and analysis to the public, and provide technical assistance to State educational agencies, on best practices and promising innovations in the field of kindergarten through grade 12 engineering education. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2014 through 2018.

Educating Tomorrow's Engineers Act

Small Business Export Growth Act of 2013 - Amends the Export Enhancement Act of 1988 to revise the duties of the Trade Promotion Coordinating Committee (TPCC). Requires the TPCC to: (1) identify opportunities to consolidate or co-locate offices of federal agencies involved in export promotion and export financing activities; (2) assess the use and coordination of electronic databases among federal agencies in support of such activities; and (3) provide a detailed listing of current and future federal and state-led trade missions, trade fairs, and related activities to ensure better delivery of services to U.S. businesses. Requires the Secretary of Commerce to make available information on federal and state-led trade missions, trade fairs, and related activities on the Export.gov website. Requires the governmentwide strategic plan for federal trade promotion efforts to: (1) clearly identify and explain the role, goals, and objectives of each agency represented on the TPCC with respect its export promotion and export financing activities; (2) include any recommendations of the Comptroller General relating to coordination of the agencies represented on the TPCC; and (3) reflect the recommendations of the U.S. Travel Association (currently, U.S. National Tourism Organization) to the degree considered appropriate by the TPCC. Directs the President to establish a State and Federal Export Promotion Coordination Working Group as a subcommittee of the TPCC to develop a strategy for improving coordination of federal and state resources for small business export promotion and export financing activities. Requires the Inspector General of the Department of Commerce to report annually to Congress on the extent to which the TPCC is successfully carrying out its duties. Requires the Associate Administrator for International Trade of the Small Business Administration (SBA) to report to Congress on recommendations for improving the experience of the Export.gov website as a comprehensive export information resource and a single website for exporters to submit all federally required information on the exportation of articles from the United States. Amends the Small Business Act to require that the nationwide marketing effort of the Associate Administrator, in promoting sales opportunities for the export of small business goods and services, to conduct at least one outreach event each fiscal year in each state. Directs the SBA Administrator, the Secretary of Agriculture, the U.S. Export-Import Bank, and the Overseas Private Investment Corporation (OPIC) to establish jointly a Small Business Inter-Agency Task Force on Export Financing.

To improve the coordination of export promotion programs and to facilitate export opportunities for small businesses, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Small Business Export Growth Act of 2013 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Improved coordination of export promotion programs Sec. 101. Consolidation of duplicative export promotion activities; information about trade missions and trade fairs. Sec. 102. Clarification of roles of members of Trade Promotion Coordinating Committee. Sec. 103. State and Federal Export Promotion Coordination Working Group. Sec. 104. Reports to Congress with respect to activities of Trade Promotion Coordinating Committee. Sec. 105. Report on improvements to Export.gov as a single window for export information. TITLE II—Facilitation of export opportunities for small businesses Sec. 201. Definitions. Sec. 202. Promotion of exporting. Sec. 203. Export control education. Sec. 204. Small business inter-agency task force on export financing. Sec. 205. Availability of State resource guides on Export.gov. I Improved coordination of export promotion programs 101. Consolidation of duplicative export promotion activities; information about trade missions and trade fairs (a) In general Section 2312(b) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(b)) is amended— (1) in paragraph (4), by inserting , including by identifying opportunities to consolidate or co-locate offices of agencies involved in such activities export financing activities (2) in paragraph (5)— (A) by inserting , including the use and coordination of electronic databases, the appropriate levels and allocation of resources (B) by striking ; and (3) by redesignating paragraph (6) as paragraph (7); and (4) by inserting after paragraph (5) the following: (6) to the maximum extent practicable, provide a detailed listing of current and future Federal and State-led trade missions, trade fairs, and related activities to ensure better delivery of services to United States businesses; and . (b) Availability of information The Secretary of Commerce shall make available the information on Federal and State-led trade missions, trade fairs, and related activities described in paragraph (6) of section 2312(b) of the Export Enhancement Act of 1988, as added by subsection (a)(4), on the Internet website Export.gov or a successor website. 102. Clarification of roles of members of Trade Promotion Coordinating Committee Section 2312(c) of the Export Enhancement Act of 1988 ( 15 U.S.C. 4727(c) (1) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6), and (8), respectively; (2) by inserting after paragraph (2) the following: (3) with respect to export promotion and export financing activities of each department or agency represented on the TPCC— (A) clearly identify and explain the role of the department or agency; and (B) describe the goals and objectives of the department or agency and explain the rationale for measuring and reporting on those goals and objectives; ; (3) in paragraph (5), as redesignated by paragraph (1)— (A) by inserting and Congress the President (B) by striking paragraph (3) paragraph (4) (4) in paragraph (6), as redesignated by paragraph (1), by striking ; and (5) by inserting after paragraph (6), as redesignated by paragraph (1), the following: (7) include any recommendations of the Comptroller General of the United States that relate to coordination of the TPCC and departments and agencies that are represented on the TPCC; and ; and (6) in paragraph (8), as redesignated by paragraph (1), by striking United States National Tourism Organization United States Travel Association 103. State and Federal Export Promotion Coordination Working Group Subtitle C of the Export Enhancement Act of 1988 ( 15 U.S.C. 4721 et seq. 2313A. State and Federal Export Promotion Coordination Working Group (a) Statement of policy It is the policy of the United States to promote exports as an opportunity for small businesses. In exercising their powers and functions in order to advance that policy, all Federal departments and agencies shall work constructively with State and local agencies engaged in export promotion and export financing activities. (b) Establishment The President shall establish a State and Federal Export Promotion Coordination Working Group (in this section referred to as the Working Group TPCC (c) Purposes The purposes of the Working Group are— (1) to identify issues related to the coordination of Federal resources relating to export promotion and export financing with such resources provided by State and local governments; (2) to identify ways to improve coordination with respect to export promotion and export financing activities through the strategic plan developed under section 2312(c); (3) to develop a strategy for improving coordination of Federal and State resources relating to export promotion and export financing, including methods to eliminate duplication of effort and overlapping functions; and (4) to develop a strategic plan for considering and implementing the Working Group’s suggestions as part of the strategic plan. (d) Membership The Secretary of Commerce shall select the members of the Working Group, who shall include— (1) representatives from State trade agencies representing regionally diverse areas; and (2) representatives of the departments and agencies that are represented on the TPCC, who are designated by the heads of their respective departments or agencies to advise the head on ways of promoting the exportation of United States goods and services. . 104. Reports to Congress with respect to activities of Trade Promotion Coordinating Committee Section 2312(f) of the Export Enhancement Act of 1988 ( 19 U.S.C. 4727(f) (f) Reports to Congress (1) Reports by TPCC The chairperson of the TPCC shall prepare and submit to the appropriate congressional committees, not later than March 30 of each year, a report that— (A) describes the strategic plan developed by the TPCC pursuant to subsection (c), the implementation of the plan, and any revisions to the plan; and (B) describes the implementation of sections 303 and 304 of the FREEDOM Support Act (22 U.S.C. 5823 and 5824) concerning funding for export promotion activities and the interagency working groups on energy of the TPCC. (2) Reports by Inspector General of Department of Commerce (A) In general The Inspector General of the Department of Commerce shall prepare and submit to the appropriate congressional committees, not later than March 30 of each year, a report on the extent to which— (i) the TPCC is successfully carrying out the duties described in subsection (b); and (ii) the strategic plan described in subsection (c) is being implemented successfully. (B) Consultation In preparing the report required under subparagraph (A), the Inspector General of the Department of Commerce shall, to the maximum extent practicable, consult with the inspector general of each other Federal department or agency that is a member of the TPCC. (3) Appropriate congressional committees defined In this subsection, the term appropriate congressional committees (A) the Committee on Appropriations, the Committee on Commerce, Science, and Transportation, the Committee on Finance, the Committee on Foreign Relations, and the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Appropriations, the Committee on Energy and Commerce, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Small Business, and the Committee on Ways and Means of the House of Representatives. . 105. Report on improvements to Export.gov as a single window for export information (a) In general Not later than 180 days after the date of the enactment of this Act, the Associate Administrator for International Trade of the Small Business Administration shall, after consultation with the entities specified in subsection (b), submit to the appropriate congressional committees a report that includes the recommendations of the Associate Administrator for improving the experience provided by the Internet website Export.gov (or a successor website) as— (1) a comprehensive resource for information about exporting articles from the United States; and (2) a single website for exporters to submit all information required by the Federal Government with respect to the exportation of articles from the United States. (b) Entities specified The entities specified in this subsection are— (1) small business concerns (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 (2) the President's Export Council, State agencies with responsibility for export promotion or export financing, district export councils, and trade associations. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees (1) the Committee on Small Business and Entrepreneurship and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Small Business and the Committee on Foreign Affairs of the House of Representatives. II Facilitation of export opportunities for small businesses 201. Definitions In this title— (1) the terms Administration Administrator (2) the term region of the Administration 15 U.S.C. 632(u) (3) the term small business concern 15 U.S.C. 632 202. Promotion of exporting Section 22(c)(11) of the Small Business Act ( 15 U.S.C. 649(c)(11) , which shall include conducting not fewer that 1 outreach event each fiscal year in each State that promotes exporting as a business development opportunity for small business concerns 203. Export control education Section 22 of the Small Business Act ( 15 U.S.C. 649 (1) by redesignating subsection (l) as subsection (m); and (2) by inserting after subsection (k) the following: (l) Export control education The Associate Administrator shall ensure that all programs of the Administration to support exporting by small business concerns place a priority on educating small business concerns about Federal export control regulations. . 204. Small business inter-agency task force on export financing The Administrator, the Secretary of Agriculture, the Export-Import Bank of the United States, and the Overseas Private Investment Corporation shall jointly establish a Small Business Inter-Agency Task Force on Export Financing to— (1) review and improve Federal export finance programs for small business concerns; and (2) coordinate the activities of the Federal Government to assist small business concerns seeking to export. 205. Availability of State resource guides on Export.gov The Secretary of Commerce shall make available on the Internet website Export.gov (or a successor website) information on the resources relating to export promotion and export financing available in each State— (1) organized by State; and (2) including information on State agencies with responsibility for export promotion or export financing and district export councils and trade associations located in the State.

Small Business Export Growth Act of 2013

Amends the Internal Revenue Code to repeal provisions providing for the use of funds from the Presidential Election Campaign Fund for presidential nominating conventions.

To amend the Internal Revenue Code of 1986 to prohibit the use of public funds for political party conventions. 1. Prohibiting use of presidential election campaign funds for party conventions (a) In general Chapter 95 (b) Clerical amendment The table of sections of chapter 95 of such Code is amended by striking the item relating to section 9008. 2. Conforming amendments (a) Availability of payments to candidates The third sentence of section 9006(c) of the Internal Revenue Code of 1986 is amended by striking , section 9008(b)(3), (b) Reports by Federal election commission Section 9009(a) of such Code is amended— (1) by adding and (2) by striking the semicolon at the end of paragraph (3) and inserting a period; and (3) by striking paragraphs (4), (5), and (6). (c) Penalties Section 9012 of such Code is amended— (1) in subsection (a)(1), by striking the second sentence; and (2) in subsection (c), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (d) Availability of payments from presidential primary matching payment account The second sentence of section 9037(a) of such Code is amended by striking and for payments under section 9008(b)(3) 3. Effective date The amendments made by this Act shall apply with respect to elections occurring after December 31, 2012.

A bill to amend the Internal Revenue Code of 1986 to prohibit the use of public funds for political party conventions.

Medicare Data Access for Transparency and Accountability Act - Amends title XI of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) to make available to the public HHS claims and payment data related to SSA title XVIII (Medicare), including data on payments made to any service provider or supplier.

To amend title XI of the Social Security Act to provide for the public availability of Medicare claims data. 1. Short title This Act may be cited as the Medicare Data Access for Transparency and Accountability Act 2. Public availability of medicare claims data (a) In general Section 1128J of the Social Security Act ( 42 U.S.C. 1320a–7k (f) Public availability of medicare claims data (1) In general The Secretary shall, to the extent consistent with applicable information, privacy, security, and disclosure laws, including the regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 and section 552a (2) Implementation (A) In general Not later than December 31, 2014, the Secretary shall promulgate regulations to carry out this subsection. (B) Requirements The regulations promulgated under subparagraph (A) shall ensure that— (i) the data described in paragraph (1) is made available to the public through a searchable database that the public can access at no cost; (ii) such database— (I) includes the amount paid to each provider of services or supplier under title XVIII, the items or services for which such payment was made, and the location of the provider of services or supplier; (II) is organized based on the specialty or the type of provider of services or supplier involved; (III) is searchable based on the type of items or services furnished; and (IV) includes a disclaimer that the aggregate data in the database does not reflect on the quality of the items or services furnished or of the provider of services or supplier who furnished the items or services; and (iii) each provider of services or supplier in the database is identified by a unique identifier that is available to the public (such as the National Provider Identifier of the provider of services or supplier). (C) Scope of data The database shall include data for fiscal year 2014, and each fiscal year thereafter. . (b) Information not exempt under the Freedom of Information Act The term personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy

Medicare Data Access for Transparency and Accountability Act

Real Estate Investment and Jobs Act of 2013 - Amends the Internal Revenue Code to increase from 5% to 10% the allowable ownership interest in real estate investment trust (REIT) stock for purposes of tax exemptions allowed by the Foreign Investment in Real Property Tax Act relating to foreign investment in United States real property interests.

To amend the Internal Revenue Code of 1986 to exempt certain stock of real estate investment trusts from the tax on foreign investments in United States real property interests, and for other purposes. 1. Short title This Act may be cited as the Real Estate Investment and Jobs Act of 2013 2. Exception from FIRPTA for certain stock of real estate investment trusts (a) In general Paragraph (3) of section 897(c) of the Internal Revenue Code of 1986 is amended— (1) by striking all that precedes If any class (3) Exceptions for certain stock (A) Exception for stock regularly traded on established securities markets , (2) by inserting before the period the following: . In the case of any class of stock of a real estate investment trust, the preceding sentence shall be applied by substituting 10 percent 5 percent (3) by adding at the end the following new subparagraph: (B) Exception for certain stock in real estate investment trusts (i) In general Stock of a real estate investment trust held by a qualified shareholder shall not be treated as a United States real property interest except to the extent that an investor in the qualified shareholder (other than an investor that is a qualified shareholder) holds (directly or indirectly through the qualified shareholder) more than 10 percent of the stock of such real estate investment trust. (ii) Qualified shareholder For purposes of this subparagraph, the term qualified shareholder (I) that is eligible for benefits of a comprehensive income tax treaty with the United States which includes an exchange of information program, (II) that is a qualified collective investment vehicle, (III) whose principal class of interests is listed and regularly traded on one or more recognized stock exchanges (as defined in such comprehensive income tax treaty), and (IV) that maintains records on the identity of each person who, at any time during the qualified shareholder’s taxable year, is the direct owner of more than 10 percent of the class of interest described in clause (III). (iii) Qualified collective investment vehicle For purposes of this subparagraph, the term qualified collective investment vehicle (I) would be eligible for a reduced rate of withholding under such comprehensive income tax treaty with respect to ordinary dividends paid by a real estate investment trust, even if such entity holds more than 10 percent of the stock of such real estate investment trust, (II) would be classified as a United States real property holding corporation (determined without regard to this paragraph) at any time during the 5-year period ending on the date of disposition of or distribution with respect to the entity’s interests in a real estate investment trust, or (III) is designated as such by the Secretary and is either— (aa) fiscally transparent within the meaning of section 894, or (bb) required to include dividends in its gross income, but is entitled to a deduction for distributions to its investors. . (b) Distributions by real estate investment trusts Paragraph (1) of section 897(h) of the Internal Revenue Code of 1986 is amended— (1) by striking Any distribution (A) In general Except as provided in subparagraph (B), any distribution , (2) by inserting (10 percent in the case of stock of a real estate investment trust) 5 percent of such class of stock (3) by inserting , and any distribution to a qualified shareholder (as defined in subsection (c)(3)(B)(ii)) shall not be treated as gain recognized from the sale or exchange of a United States real property interest to the extent that the stock of the real estate investment trust held by such qualified shareholder is not treated as a United States real property interest under subsection (c)(3)(B) (4) by adding at the end the following new subparagraph: (B) Special rule Subparagraph (A) shall not apply to distributions which are treated as a sale or exchange of stock or property pursuant to section 301(c)(3), 302, or 331. . (c) Definition Paragraph (4) of section 897(h) In determining whether a qualified investment entity is domestically controlled, any stock in the qualified investment entity held by another qualified investment entity shall be treated as held by a foreign person unless such other qualified investment entity is domestically controlled. In making such a determination, a qualified investment entity shall be permitted to presume that stock held by a holder of less than 5 percent of a class of stock regularly traded on an established securities market in the United States is held by United States persons throughout the testing period except to the extent that the qualified investment entity has actual knowledge regarding stock ownership. (d) Conforming amendment Subparagraph (C) of section 897(c)(6) of the Internal Revenue Code of 1986 is amended— (1) by striking more than 5 percent more than 5 or 10 percent, whichever is applicable, (2) by striking substituting 5 percent 50 percent substituting 5 percent or 10 percent, whichever is applicable 50 percent (e) Effective dates (1) In general The amendments made by subsection (a) shall apply to dispositions on and after the date of the enactment of this Act. (2) Distributions The amendments made by subsection (b) shall apply to any distribution by a real estate investment trust on or after the date of the enactment of this Act which is treated as a deduction for a taxable year of such trust ending after such date. (3) Definitions The amendments made by subsections (c) and (d) shall take effect on the date of the enactment of this Act. 3. United States real property interest (a) United States real property interest Subparagraph (B) of section 897(c)(1) of the Internal Revenue Code of 1986 is amended by striking all that precedes (i) as of the date of the disposition (B) Exclusion for interest in certain corporations The term United States real property interest . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act.

Real Estate Investment and Jobs Act of 2013